33rd Session: July 2005
Official UN website for CEDAW 33rd Session | UN Press Releases | Summary by International Service for Human Rights

The following reports were written, edited and compiled by PeaceWomen Anjalina Sen, Madhuri Kumar, Becky Chiarelli, Mohira Kurbanova and Alison McCrary

The Committee heard reports on the implementation of CEDAW from the government and NGOs/CSOs from the following countries:
Benin | Democratic People's Republic of Korea | Gambia | Lebanon | Burkina Faso | Guyana | Ireland | Israel
*governmental responses are paraphrased and italicized below

State Party Report: Benin
First, Second and Third Periodic Reports
UN Headquarters, New York, 7 July 2005

The CEDAW commission considered Benin’s combined initial, second and third periodic reports. Members of governmental delegation present were the Minster of Justice, Director of Human Rights, the Director of Advancement for Women and Gender Issues, and the Minister of Family. The primary topics discussed were the Code of Persons and Family (2004), basic law, human rights, and the equality and advancement of women. Benin’s governmental responses were somewhat vague, diplomatic, incomplete and not so reassuring. When the chair introduced the delegation, one could feel that the delegation was led by the male Ministry of Justice, rather than the head of the delegation.

NGO Concerns/Delegation’s Response

Women in Law and Development in Africa (WiLDAF) presented its concerns to the committee on Tuesday, 5 July 2005. WiLDAF, a Benin pan-African network of organizations and individuals working in the area of women's rights, was established in 1990.

WiLDAF acknowledged that although there have been governmental efforts to improve the status of women, in general, there are some fundamental rights that have not been translated into the national legislation. WiLDAF highlighted the following concerns:

1. The existing laws are discriminatory towards women, specifically regarding access to health and medical care, ownership of property, criminalizing adultery, and widows’ rights.

The Benin governmental delegation (delegation) states that both widows and widowers have equal rights when it comes to inheritance law. Also, adultery is no longer considered an automatic cause for divorce.

2. There is no acknowledgement of violence against women, consequently no laws exist and protection mechanisms are lacking. The NGO recommended setting up reception centers.

According to the Government, there are currently provisions in the penal code, which deal with human rights violations, including women’s rights violations. There has been a revision of the Penal Code to provide stricter measures against rape and there is also legislation on the punishment of sexual violence against women and female genital mutilation. Women also have the opportunity to bring their cases to a court of appeals, a higher court, a tribunal, or the Constitutional Court.

3. In regards to reproductive health, although some progress has been made, more needs to be done, enforcement is lacking.

A governmental representative explained that the Family Code states that both husband and wife should make decisions about abortion and contraception jointly. The abortion law had been changed partially in 2003, authorizing abortions when the life and health of the mother was at risk and when the pregnancy was a result of incest or rape.

4. The participation of women is lacking in the country, women who work at home should be compensated appropriately.

The Benin delegation agreed with having quotas for political parties, as it would be the only way for women to attain higher positions in the political system. Yet because the Constitution guarantees equality for men and women, Benin finds the quota to be problematic as it could be discriminatory toward men.

5. Gender discrimination is completely untreated, which is an intentional violation.

The delegation stated that Benin prepared a multi-sectoral plan of action on gender equality from 2001-2006. Also, a project has been established to assess women’s status in Benin and to train people in disseminating information on FGM.

6. Women have little access to micro-credit. A NGO representative recommended that women be given micro-credit.

The Government explained that women are granted micro-credit at a low interest rate. Steps are being taken by the government to help women become more financially independent.

Women, Peace and Security Analysis

Although there was no explicit mention of UN Security Council Resolution 1325, a few of its provisions were discussed. The government of Benin seemed to understand the importance of increased representation of women at all decision-making levels in national, regional and international institutions. It recognized the lack of women at the decision-making level and is making efforts to implement additional tools to work towards this. Benin understood the importance of NGOs and civil society, particularly women-based groups, in the process of achieving gender equality.

Committee's Questions/Delegation’s Response

In summary, the experts commented on the incorporation of gender awareness in schools and universities, the active involvement of media, an increase in financial support for the advancement of women, more effective implementation tools and mechanisms, the gathering and inclusion of more gender-related indicators, and the inclusion of the definition of discrimination. Challenges exist in reforming the legislation and the process of building gender equality.

Questions by the Committee
On articles 1&2 of CEDAW:
What is the political will regarding gender equality and discrimination? What is being done to encourage and promote the education for girls as stated in the Millennium Development Goals (MDG)? How much is the cooperation with CSOs and female-focused NGOs? Is the ratified optional protocol available for women?
What is the role of Constitutional Court? Can a woman directly approach the Court? Elaborate on the human rights machinery and the monitoring of human rights. Is there a focal point for women’s concerns? Although there is an emphasis on laws, measures do not seem to be in place. This is a requirement of substantive equality, not just a formality. The implementation of such laws has support from the various ministries, e.g. Interior, Education, Labor, Agriculture, etc. Have these ministries been contacted while drafting the report? Parliament should also be involved. What is the procedure for drafting the report? How do you incorporate CEDAW into the national legal system? Does CEDAW have precedence over national law? Is it possible for anyone to raise violations of CEDAW to Constitutional Court? How are the government and its bodies planning to implement CEDAW? Regarding the Family Code and implementation, have they been published? What is the role of media in legislative reforms? Implementation seems to be missing.
Provide clarification of figures on urban men and women. Is there a definition of discrimination? What education efforts with respect to discrimination are being made? Is there a long-term program, evaluation and how many women, and target population? How are you planning to educate general population on Family Code? What is the legal marriage age? What are the penal provisions? For example, is the punishment for adultery different for men and women?

One person from each ministry helped to draft the report.

Remedies for victims of VAW --
The woman can go before a tribunal, if necessary High Court. Any citizen can go before Constitutional Court; therefore, a woman can address the court directly.

Code of the Person and Family provides that --
women can maintain their maiden names. Eighteen is the age of marriage for men and women. Monogamous marriages are legal, and all other forms are illegal. Authority is parental. Distribution - capacity to contribute. Inheritance rights are the same for children boys and girls. Information and dissemination, summaries were translated into the 4 main languages in Benin. Adultery is not a valid cause for divorce for both men and women.

Discrimination –
National law DOES NOT explicitly give a definition of discrimination. Customs cannot be eliminated immediately after thousands of years.

Women’s rights --
There are many trainings and consciousness raising workshops for magistrates, lawyers, doctors, traditional healers, village heads, etc. Although a definition for discrimination does not exist in national law, the definition in CEDAW can be used. The Ministry of Family is responsible for application of the laws. The awareness of the law is done through NGOs. The Criminal Court, High Court are headed by women. There are also a number of female magistrates. Government is making efforts to lead women to autonomous revenue generating activities. Increasing women’s earning through two funds: micro credit with a 5% interest rate and small funds to help women in difficulties (ex. access to healthcare).

Implementation –
inform through local radio, in local languages. Training women in the field – inform, especially regarding FGM. Some signs of improvement are that they no longer have festivals that are officially organized after an FGM has been performed, the violators are prosecuted, and both men and women can be equally prosecuted.

Questions by the Committee
On article 3 of CEDAW:
What and how do you monitor and evaluate projects, trainings, etc. What are the implementation mechanisms in place? Who evaluates, defining strategies?

On article 5 of CEDAW:
Measures have been adopted, what is their effectiveness, especially education. What is the impact on education, media? In rural areas women do not attend schools. What is being done about working toward a cultural change? How does government cooperate with NGOs and CSO? Changing laws does not change attitudes. Are there any collaborative programs with other neighboring countries?

On article 6 of CEDAW:
Is there any talk of holding ‘developed’ countries accountable? Education de-constructs class divisions. Are courses and schools taught only in French or other local languages? What resources are available for NGOs? Are there any safe houses, rehabilitative measures for women being trafficked? Is there a backlash, i.e. are empowered women a threat to traditional men?

Trafficking –
Concerning trafficking in children, labor trafficking is the issue. This trafficking is usually not for sexual purposes. Children who leave Benin are for labor to obtain money for families. There are extremely rare cases of sex. Pedophilia happens in ‘developed’ countries. Measures taken for the victims of trafficking include support from religious institutions, legal aid, and the Center for Women’s Rights. In dealing with trafficking, there is some co-operation with sub region – e.g. signed an agreement with Nigeria.

Education –
There is promotion of education for women and girls through established centers and homes for women. There is also national center schooling for girls. There are training courses for girls, technical, and vocational schools. The policy to choose careers is traditionally reserved for men, e.g. military. There are obstacles such as no qualified teachers and lack of infrastructure. The state is making efforts to resolve these issues, e.g. training for trainers, teachers training. Several women are enrolling, but there is some reluctance. Measures have been taken; however, there are limitations by objective factors such as high rate of unemployment for men and women.

Ministry of Family and implementation –
The Ministry of Family coordinates all actions. A Mid-term review is in progress.
There is a project in place to assess the status of women (e.g. FGM, trained people to disseminate information, also trained on rights of child.)
Implementation exists in a variety of bodies, but primarily in two bodies. One is the National Monitoring Committee, which examines international human rights conventions, including CEDAW, all ministries, and the Benin government. It monitors and recommends on legislative reform. The second body is the National Advisory Council on Human Rights which includes both administration and NGOs.

Forced marriages –
Awareness takes place with mothers. They are working with committees in villages to end practices.

Committee’s Questions
On article 7 of CEDAW:
Regarding representation for women, is there a quota system? Are there subsidies for women? How many women are in the Parliament?

On article 8 of CEDAW:
What are the main elements of national law? Regarding the present discriminatory law, are foreign women married to Benin men? Are equal rights provided for boys and girls?

Regarding nationality, there is no difficulty in foreign woman getting married to a Benin man. The marriage has to be for at least 3 months. There is some difficulty if a foreign man marries a Benin woman. The prepared text will be non-discriminatory. For children, if a mother or father is Beninese, there is no question of nationality for him or her.

Regarding quotas, this advice will be taken into consideration. We will also take note of subsidies for women. There are only 2 female mayors and only 4 female deputies out of 83.

Committee’s Questions
On article 10 of CEDAW:
Are there any development assistance programs? Is there informal education for girls? How easy is women’s access to vocational training and flexible education? Is there schooling for pregnant mothers? Are there childcare facilities? Is there an effort being made from schooling to employment? Regarding illiteracy, affirmative action is present in the report, but about 80% is illiterate. There is an adopted national literacy program, but what has been the result of adopting this policy? Is there language research on various national languages? Is education only taught in French? Have you mobilized NGOs and CSOs in educations? If there is debt relief, how much will be used for girls education?

Regarding informal education, there are apprentice centers where trade is taught, e.g. hair care, mechanics, carpentry. There are also recycling programs to help men and women using new methods of technology. There is no law prohibiting girls from returning to school, but the modesty of the country, social and cultural reasons prohibit the girls from coming back. Schools are taught in French.

Regarding debt cancellation, if this happens, social projects are hoped to be funded, esp. maternal health, schools in rural areas, etc.

Committee’s Questions
On article 11 of CEDAW:
What is the difficulty with jobs in general, for men and women? Regardless, the government’s role is to prevent discrimination. Provide statistical up-to-date information on women in various structures, participation of women in various sectors – ‘feminized’ sectors and more masculine jobs. What is the government doing to change unemployment rates? Inequalities persist, so is there a national policy of equality in employment? What measures are being taken to increase participation of women in public sector?
Benin has ratified ILO, however, there is lack of bargaining power for women. What measures are being taken for self-employment micro-credit, land, capital, development programs for women? What is the enforcement of labor code? What about the inspectorate system? Is there redress for noncompliance? Is there equal access to justice? Is legal aid offered? Do workplace policies to combat gender discrimination and sexual harassment?

There is no text related to sexual harassment. There is a draft in the penal code.

Regarding discrimination in employment, there is no quota system for women, but there is certain preference for women in certain sectors. Unequal pay does not exist in the formal sector. But in the informal sector, women are in charge of commerce. There is no excuse for this because rural women are suffering through this social system. No statistics are available.

Committee’s Questions
On article 12 of CEDAW:
What is the concept of women’s health? What are related services, not only reproductive health? What are the obstacles to women’s access to health services, distance from home to hospital? Is there safe water supply, sanitation? Maternal mortality rates, is there a decline since the report? Is abortion illegal? What family planning services exist? Does the law require a female partner’s authorization for sterilization? What post-reproductive health services exist?

Reproductive health includes education for girls, struggle against HIV/AIDS, older women avoiding cancer. There is no discrimination in healthcare between men and women. Not all villages have health centers, only some. There is not specific measure to rectify this, but government is raising awareness and traditional healing practices are promoted.
The government will respond with statistics at a later date.

Abortion is practiced under certain circumstances. Both partners are responsible for the family therefore the man and the woman have to decide together. Abortion is legal under circumstances, e.g. if the life of the mother is at risk, incestuous act, or rape.

In regards to contraception, we cannot control in which way individuals handle this, but there is freedom in this.

Committee’s Questions
On article 14 of CEDAW:
Is there utilization of solar energy? This is an unclear picture of rural women. Through an independent source, there is information that women cannot own land, no part of cotton production, water resource. What about in the informal sector and plantations? How much do women get paid on plantations? How many women are living in polygamous marriages? What is the percentage of female component in poverty reduction plan? What are your plans for resources? Socio- cultural obstacles exist, is there equal access to land and water? What is general condition of the rural women? Do these women have social security and access to healthcare? What is the poverty rate? Do the women have access to credit? What is the situation with domestic violence?

Rural women do have access to credit. They work with their husbands in the fields, so women don’t work in plantations. But most women grow crops on their own land, harvest and sell food on the market.

The Code of Family --
Article 1030 within the code abolishes polygamous relationships. There are consciousnesses raising initiatives. The issue of domestic violence is very private, inner-family issue. Otherwise, there are community leaders, village heads, religious leaders…

There are various programs on the way to help rural women: the status of rural women is much better than before. Men make the same as women; it is dependent on how much your raise (crops). Villages, though not every village, are also being provided with hydraulic pumps.

Most rural women cannot meet conditions for bank credits, so the government provides credit for this population. Government credit rate is 5%. It went through 27 communities out of 77. Re-imbursement builds credit. Therefore there are two credit schemes, one is the bank system and the other is government credit.

Committee’s Questions
On article 16 of CEDAW:
Are there legal provisions for widows, divorced… elaborate what the law states exactly. Clarify customary law. What is the position of religious law?

The report was given before the new law came into effect. In 2002, the reality was different from what it is now. No customary law should apply even those before 2002. Succession now – Code applies to ALL people, women can claim under new laws.

Committee’s Follow-up Questions:
Figures on women trafficked and men trafficked. What are the plans of disseminating concluding points? Temporary Special Measures must be taken. What is the quota system in politics and employment? How do you collect data? Gender aggregated statistics. What is the policy of family planning and education? What happens when CEDAW is violated? Are there expensive court proceedings? Is there legal aid in Benin? There is nothing in the penal code on VAW.

A lawyer is not necessary, and therefore, it is not expensive. But you have to present the problem. There is a widely disseminated press, government Parliament, NGOs, etc.
There is an Institution of Statistics, however they were not used in this report. Note taken on quotas and abortion issues.

Chairperson’s Concluding Remarks

Overall, the chairperson’s responses were positive and constructive. The larger than usual number of members of the delegation present demonstrated the seriousness and commitment to CEDAW and advancing women’s participation. The forthright responses showed that much progress is needed to eliminate the discrimination against women in Benin and to advance the role of women in Benin.

The chairperson stated that with the representation of women in the current delegation, they should seriously consider ratification of Optional Protocol. The Constitution should include a protocol against discrimination including a clear definition of discrimination, a statement of domestic law and mechanisms to address women’s complaints, and an increase in resources available. The chairperson also suggested that the National Committee on Women should implement a system in Benin and the National Council on Human Rights should fully implement international human rights treaties.

She commended the government of Benin on its efforts, but obstacles include lack of infrastructure, teachers, bride money, FGM, and forced marriages. In addition, trafficking was also a major issue. She stated that the government should ensure that girls are not trafficked under any circumstance and that all international covenants should be ratified immediately.

The chairperson also discussed the women’s participation in political life. She explained that there is a need for more political will and the decision-making powers for women are very low. She suggested that Benin consider the adoption of Temporary Special Measures, General Recommendation 25 & 23, raise public awareness, and incorporate a quota system. There has never been a female ambassador or diplomat, especially Minister of Foreign Affairs so she encouraged women to participate in international service positions.

Regarding the education of women, she commended Benin on their efforts. Benin faces the obstacles of high drop-out rates, pregnancies, stereotypes, lack of teachers, and illiteracy. Article 10 should be implemented.

In regards to employment, concrete measures for equal pay and against sexual harassment should be taken. Statistical data needs to be provided, especially concerning the labor market.

The chairperson also stated that concrete measures should be adopted to end such practices of forced marriage, child marriage, and polygamy. There needs to be an adoption of legislature in the Family code on genital mutilation and a need for a clear definition of discrimination, in accordance with Article 1.
Benin needs to include a convention in the domestic law and women’s law, increase resources to properly implement those programs. The National consul of Human Rights, and Courts’ work on gender should be coordinated. Awareness of parents about forced marriage needs to take place along with stronger measures to be taken about bride’s money.
A ratification of all international instruments that prohibit all kinds of trafficking needs to take place and Benin needed to include women in political life and consider adopting Temporary Special measures.

Benin should consider the introduction of a quota system and the government needs to attract more women to work in international services.
Concrete measures are needed to implement Article 10 regarding education. Benin needs to adopt concrete measures to address sexual harassment at a work place. Statistics are needed in all areas regarding gender.

NGO Resources

WiLDAF-Benin's website: http://www.wildaf-ao.org/eng/article.php3?id_article=13

WiLDAF-Benin's status of women's rights: http://www.wildaf-ao.org/eng/article.php3?id_article=41

State Party Report: Burkina Faso
Third and Fourth Periodic Reports
UN Headquarters, New York, 14 July 2005

The tone of the delegation from Burkina Faso was a collaborative yet formal one. A high level delegation comprised mostly of women in leadership positions across the major ministries were led by the Minister for the Promotion of Women. There were ministers from the ministries of Health, Agriculture, Environment, Telecommunications, Scientific Affairs, and the Permanent Mission to the U.N. Throughout the session, there were several occasions where comments/questions made by the expert panel were accepted as constructive recommendations for the delegation to bring back to their government and not debated.

NGO Concerns

International Federation of Human Rights worked with local NGOs to prepare a shadow report. The main points of concern are that women are still subject to violence and the government has yet to put into law protections against sexual harassment, conjugal violence, and female genital mutilation (FGM). In addition, weak participation and level of responsibility of women in political life and education are significant problems. The absence of a national debate and sufficient awareness of these problems was underscored by the nonattendance of any local NGOs at the sessions.

Women, Peace and Security Analysis

While Burkina Faso has made advancements in establishing a rule of law that codifies protections for women and girls, social practice and custom still presents a real life barrier to the substantive advancement of women. There has yet to be active analysis and use of Resolution 1325 in the national agenda.

Governmental Assessment

Basic law since 1991 bans all discrimination. In addition Burkina Faso has ratified the optional protocol and the African protocol. A census was carried out in 2003 to assess the current status of women. Women and girls have more legal aid and access to the legal system. More girls’ births are being registered and more women are obtaining identity papers. The government had begun to imprison practitioners of FGM. Equality in employment is now a right. Prostitution is criminalized but there is a large increase in prostitution due to poverty, and the government tries to ensure the health of prostitutes.

In trafficking of children and women, Burkina signed a bilateral agreement with Mali to prevent trans-border trafficking. In 2004, 923 trafficked children were intercepted, with over 200 being repatriated and over 150 put into apprenticeships following interception.

In education, an education policy did not exist until the early 1990s. The government now identifies formal, non-formal, and informal programs of education. There is a policy of positive discrimination to encourage girls but socio-cultural obstacles, mainly that girls have more work and obligations in the home, still conspire to prevent girls from attending school and lead to higher drop-out rates. The government is attempting to address this by opening satellite and bilingual schools in rural areas. They are opening education and literacy centers as part of the non-formal education system so that women can make up literacy rates.

Primary healthcare access is still a great concern. The government tries to ensure access to contraception and subsidizes its cost. Agricultural participation of women is supported by the government, which supplies basic management training. Decentralized local governing structures now include women.

There is criminal code against forced marriage and the government endorses monogamy, although polygamy is allowed and indeed still dominates culturally. Parental authority in couples is equal and women can exercise a profession without male permission unless it jeopardizes the family. In addition, divorce and child custody rights are equal under the law.

Committee’s Questions/Delegation's Responses

Committee’s Questions
On articles 1 & 2 of CEDAW:
Burkina Faso ratified the optional protocol to CEDAW as well as the African convention. Why is there no visibility of these standards in national laws? Can the conventions be applied directly and invoked in court? What has been done to educate Parliament and the different ministries on the convention? Has CEDAW been translated into local languages? Have any measures been taken to educate female Parliamentarians in particular?

In terms of the visibility of legislation in law, Burkina Faso’s laws are derived from French law. Once ratified, the conventions are part of the national legislative arsenal, so they can indeed be applied directly. The conventions are very visible in the national agenda. Laws are written in French and need to be translated, but with high illiteracy rates it still limits access. Constitutional appeals work on a very high level and it is difficult for an ordinary citizen to navigate the appeal system.

On article 3 of CEDAW:
What is the institutional structure for implementation? From the expert’s standpoint there seems to be two Committees, two Ministries, one Department, and Social Welfare also has responsibilities to implement CEDAW. There are also five regional specialized committees. Is the efficacy of execution jeopardized by too many implementers? What is the mechanism for the government to cooperate with NGOs? How are NGOs funded? What kind of budget is allotted to women’s rights and the national machinery used to implement them?

After Beijing they realized that women’s affairs are a priority. More women are involved in government and quotas are being used. The Ministry coordinates all activities, but other bodies given responsibilities too. Each has a focal point and they report back to the Ministry. They work closely with NGOs. The budget is less than 1% of the national budget so resources are limited. Funds are allocated to rural areas to help correct imbalances as 87% of women live in rural areas. Women do not have access to bank credit, but as so many are rural that they are mostly engaged in the informal economy. There are microcredit programs in place and as women’s engagement with agricultural lenders increases, banks are becoming more open to them.

On articles 4 & 5 of CEDAW:
There is a call for more quantifiable data. In terms of child marriage, where does it occur and how many girls does it affect? What are the rates of women’s employment? Exactly what do education programs for women do? Do they have benchmarks, targets, and monitoring in place? What kind of poverty eradication policies are in place?

With regard to education, they are actively recruiting female teachers for rural areas and building framework for girls to undertake education under more favorable conditions. In early 2005, the government issued a letter of intent about implementation of education programs. Education is a guaranteed right in the constitution, and there are penalties for not matriculating children, but there continues to be the question of prohibitive costs of transportation and school materials as barriers. The cultures privileges boys over girls, as an investment in a girl’s education is seen as a lost investment when she marries. Creches are being established to relieve women and girls from the burden of childcare. Due to external funding, now there is at least one book between every two students in secondary school and in middle school children get one book, in either arithmetic or literature.

On article 6 of CEDAW:
Prostitution is not a criminal offense for men but prostitutes are prosecuted for soliciting. How much support do prostitutes get from health services? Are there any specific provisions on child prostitution? Is the age of consent 15 or 18? What about child marriage? Why is there no specific law against trafficking of girls and women? Repatriation without therapy is not recommended as trafficked persons are often seen as damaged.

Child marriage is widespread but it is diminishing. The government is providing legal centers to adjudicate problems with early marriages. Trafficking is considered on two levels: domestic and trans-border. Trafficking is often for labor and not sexual. There is a law that bans trafficking. Repatriation and reintegration into education or apprenticeship is the best way they have to deal with trafficked children. In terms of the fight against excision, the government has made a lot of progress. They have translated laws into all local languages and there are green telephones to report the practice or the intent to practice. They have also opened a clinic to repair excised women. Laws are focused on debauchery and corruption of minors, not child prostitution. This difference in terminology exists because children are not liable, it is the adult party. 15 is the age of sexual majority, offenses to children under 15 are considered to be aggravated. At age 16, circumstances are taken into account, so there are times it is not criminal. 18 is the age of civil majority and 17 is marriageable age. They are working to harmonize these ages.

On articles 7, 8 & 9 of CEDAW:
In terms of women’s participation in political life, with a participation rate of 21.5%, how will the government increase participation and ensure that women stay involved?

There is a 25% quota at all levels to ensure women’s participation. In 2000, four women were in the Assembly and as of 2005 there are thirteen women. Five out of twenty-two ambassadors are women, and more women participate in the media. Women are on the political lists and now the focus is on getting women to be equal to the task with increased access to education.

On articles 10, 11, 12, 13 & 14 of CEDAW:
How available are contraception programs? With both a high maternal mortality rate and a high fertility rate a focus on contraception is needed. What about youth healthcare? How can the government improve morbidity rates in rural areas? How are they addressing HIV/AIDS transmission rates? Is potable water readily available?

There is an emphasis on primary healthcare and making it universally accessible. Emergency obstetric care is a particular focus, and there are now minimal costs for childbirth and other obstetric procedures. Vertical transmission of HIV/AIDS in childbirth is being reduced and subsidized contraception coverage is increasing, it is currently at 16% in urban areas and 6% in rural ones. There is also a national campaign to reduce HIV/AIDS infection rates, which is currently at 4.5%. There is 89% potable water coverage.

In the case of rural women’s development, how does poverty alleviation affect them? In terms of land and agrarian reform, is it facilitating easier or equal access for women? Indicators seem to point to a need for a cultural shift for real gains in equality to be made.

In microcredit schemes, who supplies the funds, implements the programs and how many women have benefited? Are women and men treated equally? In rural communities, women are excluded from all activities planned by men and polygamy is common. Do rural community organizations allow women’s input? Treatment of elderly women is particularly harsh. There is a need for women-centered activities and strategies to involve women that are not literacy based.

Education and literacy for girls and women have shown much improvement. The number of girls matriculated is steadily increasing and primary education is now compulsory. They are taking measures to facilitate girl’s participation because education and illiteracy are the fundamental structural obstacles. It is challenging given the relative lack of funding and the brain drain phenomena, which presents a recruiting challenge. Also, parents tend to guide their daughters towards traditionally female activities, so there is a need for more girls in scientific and industrial careers.

Microcredit works in a variety of ways ranging from credit and financing to payment for activities to sponsoring access to land. Discrimination in employment and sexual harassment are illegal, but remain insidious problems that lack a framework in practice because the system is as of yet untested. Women’s involvement in community structures is increasing, especially in cattle-raising and the marketing of fish and other artisanals.

In the treatment of older women, the problem of mistreatment of “soul-eaters” is not a national phenomenon. There is a campaign focused on educating about witchcraft and poverty that also helps rehabilitate older women who are subject to mistreatment.

Chairperson’s Concluding Remarks
The chair did not make any recommendations orally at the conclusion of the session.



State Party Report: Lebanon
First and Second Reports
UN Headquarters, New York, 12 July 2005

Various women’s rights experts engaged in a discussion with members of the National Commission for Lebanese Women at UN Headquarters on Tuesday July 12th, 2005. Ms. Leila Azouri and Ms. Azza Beydoun, of the National Commission for Lebanese Women, discussed the country’s primary and secondary reports which outlined the ways in which CEDAW has been, and has yet to be, implemented in Lebanon. Committee members expressed particular concern over: Lebanon’s reservations to Articles nine and sixteen of the Convention; Lebanese law which condones honor killings; the power held by religious sects to discriminate against women; and the lack of legislation condemning domestic violence.

Most of the experts pointed out that Lebanese women are still suffering great inequalities. An especially intense moment was sparked after an expert noted that many honor killings are being committed by the victims’ own brothers. Ms. Azouri responded by stating that it is a mother’s responsibility to teach young men how to behave morally. This response created a visible upset in the conference room, to which Glenda Simms, an expert from Jamaica, responded that she considered it unfair and dangerous to blame women for the violent actions of men.

The power of religious sects in Lebanon, was another highly charged topic among the Committee members. As stated in Lebanon’s Second Periodic Report, “the Lebanese are not subject to one personal status law but instead each Lebanese is subject to the laws and courts pertaining to his or her denomination. The Lebanese citizen is therefore bound by his or her membership of a recognized religious community (of which there are eighteen) in regard to the regulation of personal status.” The power of each religious sects’ laws to override governmental law, was of great concern to many of the experts.

Ms. Azouri brought the Commission's attention to the fact that in many ways Lebanon is still recovering from their fifteen year Civil War which ended in 1990. She stressed that change is a gradual process and that Lebanon is making great efforts to ensure equality for women. Ms. Azouri also reminded the Committee that Lebanon was established on a consensus of denominations and that the fabric of the country varies.

Women Peace and Security Analysis

Although Security Council Resolution 1325 was never specifically mentioned, the topic of violence against women was brought up repeatedly by the experts, as a matter of urgent concern. Nothing was stated about the necessity for women peacekeepers, though the startlingly low number of women in political positions was noted on more than one occasion. Security is another topic that was not approached by either the National Commission for Lebanese Women or the Committee members.

NGO Concerns/Governmental Assessment

The Congregation of Our Lady of Charity of the Good Shepherd expressed its concerns for Lebanese women in their NGO shadow report on the situation of women in Lebanon. Sisters of the Good Shepherd have worked with female victims of gender discrimination in Lebanon since 1895. They have offered various forms of assistance to women including psychological, social and educational services to help empower Lebanese women and to help them fully achieve their human rights.

The Sisters of the Good Shepherd expressed particular concern for the following situations:

• Minor girls are often victims of abuse; due to poverty many minor girls are forced into prostitution.

The Women’s Affairs Department at the Ministry of Social Affairs, in conjunction concerned NGO’s, is implementing a three-phase project to combat domestic violence against children, the elderly and women under the banner of “families without violence: a safe and sound society”. The first phase is to develop the capacities of those working in development service centers. The second phase is to heighten local community awareness of domestic violence. The third phase, currently in preparation, is to train workers in specialist intervention with women victims of violence.

• In certain rural areas, boys have more access to education than girls.

Though this comment was never directly addressed, it was stated that in rural areas the percentage of illiteracy is so high because the only work available is in the field of agriculture. One of the difficulties being faced by literacy programs is the inability to offer material incentives, such as payment of travel expenses for illiterate women, particularly those from deprived areas.

• Acts of domestic violence are considered natural behavior. Women who are raped often flee from their homes due to fear of the repercussions they might face: the Penal Code allows for a woman to be killed by her husband or brother under the Honor Crimes code.

The provisions of the Lebanese Penal Code, including the articles that are discriminatory to women, are currently under comprehensive review.

• Article 7 of the Convention (calling for equality in the political arena) has yet been implemented.

There has been a discussion on introducing a quota system to increase the number of women in decision-making positions. This debate is still underway. There has been a quantitative and sometimes qualitative improvement in the positions of women and the extent of their involvement in various State departments.

Committee’s Questions/ Delegation’s Response

Committee’s Questions
On articles 1 & 2 of CEDAW:
Zou Xiaoqia, an expert from China, noted that Lebanon has made progress in the area of women's rights but also expressed concern over the serious discrimination which still exists. She also asked if the government had any plans to promote public awareness of the Convention?

Ms. Azouri responded that the Lebanese University organized a regional seminar on how to integrate CEDAW into faculties of law at different Universities. The text of CEDAW is usually taught in textbooks on civil law and is distributed to all schools whether public of private. Lebanon is currently working on a project with UNIFEM to promote an awareness of the Convention.

Hanna Beate Schopp-Schilling, an expert from Germany, asked, in reference to Lebanon’s reservations to Articles nine and sixteen of CEDAW, if the delegation was aware of a statement made by the Committee which stated that reservations on Article 16 of the Convention went against the purpose of the Convention istelf. She also asked whether the reservation to Article nine has had any negative effects in regard to health care and education?

Ms. Azouri stated that many measures have been taken to try to change the reservation to Article nine, yet none have been effective. Although Lebanese women cannot grant their nationality to their children, there is no negative effect on the child’s access to health care or employment. She also stated that a child’s nationality does not affect what school she attends.

Silvia Pimentel, an expert from Brazil observed the lack of any specific law on domestic violence in Lebanon. She stated that there was no mechanism to deal with the victims and that the country’s principle of family privacy does not allow investigation into domestic violence cases. Will any specific strategy be adopted to change this? It is important that the articles of the Penal Code on same sex activity and honor crimes be annulled.

Ms. Azouri responded that the government is receptive to suggestions of NGO’s and that there are programs in place to combat violence against women. She stated that Lebanon needs legal measures, on the woman’s side, to be embedded in the Constitution and the law. Currently a draft law project to amend the Lebanese Penal Code is halfway matured. The crimes of honor article, is among the candidates of the Penal Code to be amended.

Hanna Beate Schopp-Schilling, an expert from Germany, acknowledged the difficulty in achieving a balance between Lebanon’s religious communities and the State government and then asked whether any attempts have been made to foster a discussion with the various religious communities in order to help alter their views on legislation that discriminates against women. She suggested that if a conversation were had with the religious communities, perhaps a desire for change would emerge from among them.

Ms Azouri responded that the Constitution gave all religious sects the freedom to promulgate laws that are applicable to their sects. She also stated that texts which did not comply with the Constitution could, by certain religious sects, be considered for annulment.

On article 3 of CEDAW:
Salma Khan, an expert from Bangladesh, asked how the National Commission for Lebanese Women (NCLW) chose its members? Are non-governmental organizations represented in the Commission?

Ms. Azouri responded that the Commission is made up of twenty-four all female members, usually drawn from civil society. They do not have any political affiliation, but do have affiliation with non-governmental organizations. The members of the Commission are not considered political representatives.

Mary Shanthi Dairiam, an expert from Malaysia, asked if there was a strategy in place to implement the articles of the Convention.

Ms. Azouri stated that the strategy for Lebanese women consisted of four objectives: adherence to international conventions; development of new legislation that will promote women’s rights; insertion of women’s rights into all legislative texts; and the implementation of legal texts that will guarantee women’s rights.

On articles 5 & 6 of CEDAW:
Glenda Simms, an expert from Jamaica noted that the report had only one paragraph on the trafficking of women and adult prostitution has not been recognized. She also stated that there are many migrant workers in Lebanon who are treated as slaves to upper class women and men. She suggested that NCLW consider not just the human rights of Lebanese women, but the rights of all women.

Ms. Azouri responded that there is an agreement between NGOs and the government to protect non-Lebanese migrant workers. A shelter has to be set up to provide them with protection. Unfortunately, domestic workers are one of the three sectors of workers who are not protected by labor laws.

Dorcas Coker-Appiah, an expert from Ghana, asked what the government was doing to provide shelter, counseling and other services needed to domestic violence victims. Do the police or those who work in religious courts have training to help victims of domestic violence?

Ms. Azouri responded that about one hundred officers have received training in dealing with battered women. She also stated that civil society has made many attempts to combat violence by publicizing the issue in the media as well as starting a hotline. In collaboration with NGO’s, the government has also begun to set up shelters.

Krisztina Morvai, an expert from Hungary, commented that the attitude of the government towards domestic violence could be seen in a statement made in the state report, which discussed “a descriptive study of the use of beating as a way of resolving marital disputes.” She then asked if there were any legal protections in place for domestic violence victims.

Ms. Azouri responded that until recently violence undergone by women in the family was considered to be a private, not a public matter. She referred to Lebanon’s attempt at spreading a culture of non-violence as a revolutionary matter.

On articles 7 & 8 of CEDAW:
Victoria Popescu, an expert from Romania, recognized that while progress has been made in terms of the number of women partaking in politics, there is still a considerable under- representation of women nationally and locally. What measures are being used to encourage women’s participation in politics?

Ms. Azouri responded that women’s political and economic life in Lebanon came to a halt with the civil war that began in 1973 and lasted until 1991. Life was paralyzed for almost twenty years and Lebanese parliament existed only in theory. She stated that although Lebanese law and constitution do not prevent women from voting or running for office, she hopes a new law will be created to allow women greater participation in the political process.

Magalys Arocha Dominguez, an expert from Cuba, stated that the lack of financial assistance and the absence of administrative interest in the political standings of women, have contributed to the current state of women in politics. She asked if the government was planning to employ any specific strategies to increase the number of women in political positions.

Ms. Azouri responded that there were two female ministers in the last Lebanese government. She also stated that a quota system for the number of women in political positions will be proposed; even if the quota system is not adopted, Ms. Azouri stated, the participation of women in political life will be encouraged.

On article 9 of CEDAW:
Ms. Gaspard, an expert from France, referred to the report which stated that only fathers could transfer their nationality to their children. She asked if Lebanese women married to foreigners were able to keep their own nationality.

Ms. Azouri responded that a child’s citizenship is based on blood ties through the father. She also stated that the Lebanese legislature’s primary concern is to ensure every child citizenship. In 1995 the Lebanese government did attempt to pass a bill that would provide mothers with the ability to transfer their nationality to their children, however the bill was not adopted due to restrictive conditions that caused various non-governmental organizations to reject it.

On article 10 of CEDAW:
Silvia Pimentel, an expert from Brazil, asked how the Lebanese government planned to structure their education plan based on the UN Millennium Objectives of education for all. Does your education plan have a gender perspective built into the curriculum?

Ms. Beydoun stated that the Lebanese University has taken an initiative to incorporate gender perspective into curriculum, especially in the school of law.

Pramila Patten, an expert from Mauritius, addressed the regional disparities between urban and rural areas that exist in the educational system as well as the family preference for males, rather than females, to attend school. What is being done to address these problems? Is the government envisaging more aggressive means to gender disparities (by creating scholarship programs, etc.)?

Ms. Beydoun responded that the state has yet to find a mechanism to apply ideas for educational equality. Public school, though, is essentially free and girls do attend mixed schools as well as single-sex schools.

Ms. Arocha Dominguez, an expert from Cuba, asked for dis-aggregated data between rural and urban areas? What is being done to bring teachers into rural areas to combat illiteracy? Are there adult classes available to women who achieved literacy and want to continue their education?

Ms. Beydoun responded that there is a problem of providing incentives for teachers to move to the countryside to teach. She noted that illiteracy has decreased considerably and literacy courses are offered to anyone who is interested. There are hundreds of services, centers and literacy campaigns all over Lebanon which everyone can benefit from.

On article 11 of CEDAW:
Pramila Patten, an expert from Mauritius, stated that women are poorly represented in economic decision making. There remain discriminatory regulations that hinder females from attaining autonomy, including a lack of social and job security. What efforts have been made to address these inequalities and to improve employment patterns? What measures exist to promote females in senior management positions and to take up non-traditional jobs in science and technology? She also noted that women in rural areas and mothers with children have few labor rights. Can the Lebanese government facilitate a re-structuring of work patterns to re-balance family responsibilities?

Ms. Azouri responded that the economic situation in Lebanon is very difficult; many institutions have closed down and many employees had to be dismissed. But reports have shown an improvement in the status of Lebanese women in the workforce. In terms of wages received in public sector jobs, there is no distinction made based on gender. Separate labor contracts are used to govern workers in the private sector.

Glenda Simms, an expert from Jamaica stated that there was not much information provided in the report about the migrant workforce even though there are about 250,000 migrant workers who experience much exploitation and abuse. Under what law are they being governed? Are domestic workers protected under the labor law?

Ms. Azouri stated that Lebanese law does not distinguish between migrant workers and Lebanese workers; however international workers do need a permit so that they work legally. Certain sectors are exempt from labor laws including agricultural workers and domestic workers.

On articles 12 & 14 of CEDAW:
Sylvia Pimentel, an expert from Brazil, commented that though women are allowed to use birth control without permission of their husbands, obstacles still exist as the use of contraceptives is not developing. Does Lebanon have studies on unwanted pregnancies?

Ms. Azouri stated that Lebanon does not have any studies regarding abortion. She recognized that efforts need to be made and that this issue must studied in depth.

Ms. Mary Shanthi Dairiam, an expert from Malaysia, noted that, as noted in Lebanon’s Initial Report, health coverage varies according to class status and only half of the Lebanese population benefits from health coverage. What services do the un-insured receive freely? What health programs are specifically targeted to elderly woman?
Ms.Azouri stated that all workers in the public and private sector are funded by solidarity funding and social security. There is no difference between the coverage offered to men and women, although statistics specified by gender are not available.

Ms. Tan, asked what Lebanon will do to remedy the situation of rural women who are in need of equal wages and social benefits.

Ms. Azouri stated that there is no great distinction between rural life and city life, although rural life does not provide a large income.

Ms. Glenda Simms, an expert from Jamaica asked if urban drift has continued. She noted that labor laws do not cover agricultural workers and the majority of agricultural workers in rural areas are women.

Ms. Azouri stated that in agricultural areas, the situation of women has been somewhat improved in regards to education and health care. Unfortunately women’s access to water is problematic in some remote zones.

On articles 15 & 16 of CEDAW:
Dubravaka Simonovicc, Rapporteur and expert from Croatia, asked if, in light of Lebanon’s reservation to Article 16, the government will introduce an amendment penalizing domestic violence. Will the government institute penalties for incest or familial rape? She also asked that the Lebanese government take note of the fact that women are often tied into abusive relationships so they can retain custody of their children.

Ms. Azouri stated that Lebanon undertakes to move forward in a clear and decisive manner in regards to women’s rights. She expressed her hope that domestic violence will be considered in an open fashion.

Ms. Tan, asked the government to pay heed to the issue of honor crimes. Have the “recent legislative changes” that are referred to in the Initial Report been enacted? Have religious courts applied these changes to their legislative matters?

Ms. Azouri responded that the criminal code is undergoing review and Lebanon will continue trying to enact legislation that eliminates discrimination against women.

Huguette Bokpe Gnacadja, an expert from Benin, asked if there were as many different ways of applying the law as there were religious sects in Lebanon. When there is a marriage between a man of one sect and a female of another sect, whose sect is upheld?

Ms. Azouri stated there are 18 different religious sects in Lebanon. If a woman decides to marry outside of her sect, she must follow the laws of her husband’s sect.

Committee Chairperson’s Suggestions

Committee Chairperson, Rosario Manalo, recommended that Lebanon consider ratifying CEDAW’s Optional Protocol as well as eliminating all reservations to the Convention, particularly Article 9 and 16. She also suggested that the country consider including a definition of discrimination in its laws.

The Chairperson also recommended that the government of Lebanon help to make certain the National Commission for Lebanese Women have enough resources to function effectively. She also suggested that the NCLW establish a strategic vision of gender equality - one with time-lines for decision-making. Because violence has been accepted as a way of life in Lebanon, Ms. Manalo suggested that laws be enacted and police, judges and lawyers be trained in order to better protect Lebanese women.

Ms. Manalo then stated that honor crimes, as well as the violence committed against migrant workers, must be addressed by the Lebanese government so as to ensure the attainment of women’s equal rights. The country also needs a single national court that will help to better the quality of life for women in Lebanon. The Chairperson also recommended the adoption of measures, in accordance with CEDAW, that would allow a fuller participation of women in political life.

NGO Resources

National Commission for Lebanese Women website, please visit: http://www.nclw.org.lb/lebanesemid.cfm

NGO Report on the Situation of Women in Lebanon by Congregation of Our Lady of Charity of the Good Shepherd, July 2005

State Party Report: Israel
Third and Fourth Periodic Reports
UN Headquarters, New York, 6 July 2005

The Israeli delegation was composed of high-level officials and was headed by Dr. Shavit Matias, the Deputy Attorney General of the Ministry of Justice of Israel. They presented Israel's third and fourth periodic reports on the implementation of CEDAW to the international committee on July 6, 2005. The session was an adversarial one, where at one point the experts’ line of questioning vis-à-vis the status of Palestinian women became so heated that the delegation head took time out from the question-answer session format to state that the Israeli delegation was not there to entertain questioning they considered to be in a political vein, rather there for a constructive dialogue on the status of women who fall within their official jurisdiction and more specifically, not in the Occupied Territories.

NGO Concerns

A number of NGOs sent representatives to present their concerns before the experts. Among those who spoke were two organizations representing Palestinian women, with one specifically for Palestinian women in the Occupied Territories. In addition, the Union of Bedouin Women, the Women’s Center for Reproductive Rights, and the Public Committee Against Torture in Israel (PCATI).

The Palestinian women’s organizations main concerns are that the right to equality is not reflected in legislation, there are still racist laws codified into legal structures, there needs to be more enforcement of anti-polygamy laws, and that Arab women face steep inequality compared to their Jewish counterparts. Non-Jewish women’s participation in public life remains minimal, comprising a mere 2% of civil servants. In education, the state spends three times the amount of money on the education of Jewish students v. Palestinian students. There is a strong need for affirmative action to get Arab women into higher education and into the labor force. Currently 54% of Jewish women work outside of the home, as opposed to 16% of Palestinian women. Poverty among non-Jewish women remains hastily addressed by the Israeli government.

The organization representing Palestinian women in the Occupied Territories voiced additional concerns: Israel uses the pretext of security policy to violate human rights law. There is systematic sexual harassment at checkpoints, and threat of women’s sexual assault is regularly used as leverage with Palestinian men.

Bedouin women’s concerns focused on the confiscation of land from Bedouins, which has deprived Bedouin women of livelihoods. 85% of Bedouin women of working age are unemployed. In education, schools are too far away and cost of transportation and supplies is prohibitive, to where the drop-out rate among girls in 77%. There is also limited access to health services. The Bedouin mortality rate is four times higher than that of Jews.PCATI closed with a call to improve the awful conditions Palestinian women are kept in when jailed. They also commented that under current law, Jews are minors until the age of 18, while the age of majority for Palestinians is 16.

Governmental Assessment

Dr. Matias made an introductory speech highlighting the achievements of the government’s post war reformation on a broad range of issues relevant to the advancement of women’s status. She emphasized the government’s commitment to improving women’s equal rights and participation in society, whilst acknowledging the need for more action and collaboration in the country to promote the rights of all Israeli women in accordance with the provisions of the Convention.

Women, Peace and Security Analysis

In the complexity of the multi-ethnic, multi-religious and multi-jurisdictional system in place in Israel, it is difficult to make one firm assessment of how Resolution 1325 has unfolded in Israeli society. There appear to be several distinct rings of ethic and religious jurisdictions, and much like the different planetary orbits, they exist in the same main system, but often have disconnects. Gender equality and discrimination legislation is applied unevenly and there is still tremendous inequity in the rights of different ethnicities of women, with Palestinian and Bedouin women lagging far behind the rights structure available to Jewish women. The unequal implementation of 1325 has a myriad of effects ranging from Israeli women’s equal involvement in the Israeli military complex to continuing lack of visibility of Palestinian women in formal peace processes.

Committee’s Questions/ Delegation’s Response

Over 20 international experts actively participated in the question-response session. On average 5-10 questions were posed to the delegation on each article of the Convention with additional follow up questions for the responses. Despite time constraints, and overwhelming number of questions posed by the experts, delegation members did their best to respond to as many questions as they could. As to the nature of “constructive dialogue”, the session was highly tense and engaging; delegates and experts worked collectively, and ardently spoke about women’s issues in Israel.

In her introductory speech Dr. Matias mentioned that Israel has undertaken, unilaterally, a disengagement initiative under which it is removing its population from the Gaza Strip and the northern part of the West Bank. This initiative is a serious attempt to break out of the current stalemate, to reduce friction between Israelis and Palestinians, and to create an opportunity for economic growth and renewed peace negotiations. She stressed that there has been a significant increase in women’s active participation in the peacekeeping process and military service.

In her response to numerous questions raised concerning Arab-Israeli and Bedouin women’s status in the post war period in armed conflict areas, Israeli delegate Ms. Briskman Gomelski referred to several laws issued with regards to ensuring security and peace between Israelis and Palestinians that have had a positive impact upon all, including women. However, experts raised grave concerns about the violation of women’s rights for health care services and access to education, as a result of strict security measures taken within the territory under Israel’s jurisdiction. Obstacles to family reunification has been mentioned as one of the consequences of armed conflict, where non Israeli female spouses are denied Israeli citizenship, and don’t have access to social benefits or basic human rights and are forced to remain illegal in the country if they want to stay with their families.

During the question response session, many experts raised serious concern about discrimination against non Jewish (Arab, Bedouin, immigrants) women in all aspects of life: education, employment, healthcare, social and political sphere. Reoccurring issues included the Israeli government’s reservation to Article 16 and 7 (b) of the convention, inadequate measures taken to integrate women regardless of ethnicity and religion into plans of action associated with gender empowerment, lack of data and statistics on important indicators such as domestic violence, reports on sexual harassment, and limited information on the efficacy of legal and administrative measures enacted to combat violence against women. Several experts commented that the Israeli government should ensure that the CEDAW is implemented throughout the territory under its jurisdiction.

The head of the Israeli delegation felt “disheartened” and concerned about recurring questions raised by the experts on political affairs of Israel. “We do not shy away from the responsibility to help Palestinians, but they have their own elected government body and they do not want us to interfere”. Dr. Matias stated that when ratified, the government of Israel never intended to apply the Convention beyond its territory i.e. to the West Bank and Gaza Strip. Consequently data pertinent to the two regions that were requested by the committee of experts on women’s status were not adequately included in the Israeli report. The Israeli delegation repeatedly restated that the reservations entered by the state of Israel to the Convention are unavoidable at this point, given the nature of their multiethnic and complex society. Delegation members listed a set of measures such as national campaigns and trainings to raise gender awareness, as well as bills introduced such as Victims of Offences’ Rights Law (2000), Victims of Offences’ Rights Regulation (2002), The Prevention of Stalking Law and more to combat violence against women.

The head of the Israeli delegation thanked the Chairperson and all the international experts for their recommendations and suggestions made during the session as regards to the implementation of the international convention in Israel.

Chairperson’s Concluding Remarks

Based on the issues raised by the committee experts as well as the responses of the Israeli delegation, madam Chairperson offered her own concluding remarks and recommendations to the delegation of Israel. She thanked all for the constructive dialogue and commended the government of Israel for all the successful reforms and achievements in health care, education and legal system that reflect the main objectives of the International Convention (CEDAW).

She urged the government of Israel to include the definition of “discrimination,” both direct and indirect, against women in the Basic Laws of Israel. She appealed to the government of Israel to take stronger legal and practical measures to combat internal and external trafficking of women and girls. In the political sphere, she recommended the government of Israel to undertake special measures, such as introducing a quota system and adopting temporary special measures in accordance with Article 4 of the Convention, to improve the representation of minority women within the higher administration and political parties, as well as increase women’s participation in public life and political decision-making.

The Israeli delegation also received recommendations to improve the portrayal of Arab women in school textbooks, adopt laws that will better represent women’s interests in family courts, increase government resources to support activities of the Commission for Advancement of Arab Women in Israel. The Committee as well as the Chairperson strongly suggested that the Israeli government withdraw the State Party’s reservations on article 7 (b) and 16.

Note: On July 21, 2005 Isha L'Isha Haifa Feminist Center in Israel announced that the Knesset, Israel's Parliament, has passed a new law mandating the inclusion of women in teams appointed for peace negotiations and setting domestic, foreign or security policy. For full story, visit:
http://www.peacewomen.org/news/Israel-OPT/July05/Knesset.html

NGO Resources

Statement by the Working Group on the Status of Palestinian Women Citizens of Israel to the Committee for the Elimination of All Forms of Discrimination against Women
On the Third Periodic Report from the Government of Israel, 5 July 2005
Members of the Working Group include: Adalah: The Legal Center for Arab Minority Rights in Israel; Al-Tufula: Pedagogical and Multipurpose Women’s Center; Kayan: A Feminist Organization; Maan: The Union of Bedouin Women’s Organizations in the Negev; Women Against Violence (WAV)



State Party Report: Gambia
UN Headquarters, New York, 15 July 2005

The Committee on the Elimination of Discrimination against Women met on 18 July 2005 to consider the combined initial, second and third report periodic submitted by the Gambia on its compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Minister of Fisheries and Water Resources, Mr. Bai Mass Taal, headed the Gambian delegation and gave the introductory speech. The delegation spoke candidly and provided substantive information concerning developments in legislation regarding women, education, employment, political participation, family life, and rural women; however, it expressed certain reservations about equality for women. These reservations are based on perceived restrictions of tradition, culture and religion, 90% of the Gambian population is Muslim.

Mr. Taal introduced the Gambia’s report and said that his delegation was present not only to provide information, but also to receive feedback from the experts and learn from previous successful implementation of the Convention. In the introduction Mr. Taal listed various departments within the Government whose focus was to advance the status of women. Efforts initiated by the Government include the definition of discrimination to include sex in the Constitution, free State primary schools, enterprise development, skills and training for women, and micro-financing. He acknowledged that although efforts have been made, more needed to be done, especially in changing religious leaders’ attitudes towards equality for women.

Although the Gambia signed the CEDAW agreement with no reservations, the government expressed reservations about the African Women’s Protocol, which includes rights covered by the Convention. Basic laws to protect women, such as those eliminating FGM, child/early marriage, prohibiting domestic violence and sexual harassment are lacking in the country’s legal system.

Customary and religious Islamic law on marriage, divorce and inheritance governs the secular state of the Gambia, which is discriminatory toward women. The Gambian delegation continually stated that the mindsets of religious leaders needed to be changed before adopting new laws. As one committee member pointed out, discrimination is first rooted in law and not customary attitudes and practices. Another expert said that she objected to the practice of making religion a regular justification for inadequacies in gender equality. Gambia seemed to have a certain resignation to customary practices, in some cases, and that was unacceptable. The protection of women should be priority, especially with such harmful traditional practices with over 75% of women and children being subjected to FGM, discriminatory practices in education with 27% of literacy rate in women compared to 54% men, increasing sexual exploitation through trafficking, prostitution and involuntary domestic servitude, and no access for rural women. Additionally, the Constitution needs to be amended to reflect the signed Convention.

Towards the end of the dialogue session, he said that he had previously believed in changing attitudes of religious leaders and other civil society leaders through education, but after listening to the experts’ advice, he realized the importance of changing laws first.

NGO Concerns

The five major concerns from Gambian Committee Against Traditional Practices (GAMCOTAP), an NGO campaigning against FGM since 1984, were the following:

1. The government has made reservations on the African Protocol on Women’s Rights that contradict provisions of CEDAW, harmful traditional practices such as FGM, child/early marriage. According to the NGO, over 75% of Gambian women and children are subjected to FGM, and most suffer in silence due to the complications they face from their childhood to adulthood. This practice is associated with tradition, culture and religion. Although several efforts have been made by women’s rights organizations including the department of state for health working closely with GAMCOTRAP and BAFROW on the issue, religious leaders with very conservative views are using the state platform to continue the brutal practice. There is no law prohibiting FGM and no political will to end the practice. Girls are also subjected to early marriage, which inhibits them from completing their school beyond the primary school level.

In terms of harmful traditional practices, such as FGM, there is no law banning the practice to date. There is draft legislation, Children’s Act, which has been introduced that makes provisions to prohibit harmful practices, however, it does not specify FGM and more importantly, there has been little action taken to sign and enact it. In response to child marriage, the delegation stated that legislation was in place, which addressed child marriage and child betrothal. A representative from the Government explained that there is a law, which proclaimed anyone under the age of 18 to be a child, and no child could be forced into marriage. According to the Government, several initiatives concerning literacy, enterprise development, skills training and micro financing are being worked on in collaboration with NGOs.

2. Although there is formal equality with regards to women’s political participation within the Gambian Constitution, women constitute a small number. Very few women are in decision-making roles. Furthermore, very little effort is made to address the gender imbalance in top decision-making positions. Specific concerns regarding political participation of women include creation of an enabling environment, nomination, campaigns, electoral process, and intimidation and harassment.

The government denied any form of harassment occurred in the country, in fact, the delegation stated that the Gambia had a long history of peaceful demonstrations and speaking out on issues. Mr. Taal expressed that there were two Gambias being spoken about at the hearing; one that is being described by the Committee and the one he knew. That is to say that too much generalization was occurring, translating problems of different regions of Africa to the Gambia. The delegation stated that women and men are equal when it comes to employment, as long as they both meet the required criteria. As one expert pointed out, the problem is that women have less access; therefore there should be a quota system in place.

3. Freedom from private media: women’s space and access to state media

In response to access to information, he said the use of radio is very common in the Gambia. There were community radio stations in which women were trained in certain topics to communicate information at the local level. There were no specifics given, as to how many women, how much access women have, etc.

4. Discrimination against HIV positive women and to recognize the gender dimensions of the pandemic.

With regards to HIV/AIDS, there was no response when the question was posed.

5. According to GAMCOTAP, rural women comprise of about half the population, yet they do more than half the country’s work. They are the main producers of rice and contribute greatly to the physical welfare and economic life of the country. Yet their contributions are not acknowledged. Land allocation is limited and mostly directed to the private sector for entrepreneurial purposes. This further marginalizes rural women’s access to land in the traditional system. Also, inadequate access to information, training, micro-credit and markets marginalize women to access land for their livelihoods. Access to land by rural women and other strategic resources for their livelihoods.

The delegation admitted that more needed to be done for rural women and girls. There were some international projects that focused on sustainable development projects for rural women. Regarding mircro-financing, the Government is working with some local NGOs so that interest rates are low and accessible for rural women. The educational level of rural women is lower than in urban areas, which the Government said was working to rectify.

Committee’s Questions/Delegation's Response
The experts posed questions on advancement of women with regards to health, education, employment, adoption of temporary special measures, political participation, trafficking and prostitution and access for rural women.

Committee’s Question
On articles 1 & 2 of CEDAW:
There seemed to be only brief constitutional provisions mentioned in the report to protect women, could the government provide clarification on the measures?
The Gambia made certain reservations when it ratified the African Women’s Protocol, since the Convention has similar standards, why is there reservation?
(The expert who posed the following question was Muslim and strongly challenged the statement that religion is a major hurdle in achieving equality for women.) The Gambia had a responsibility to bring the Constitution in line with the Convention. Certain legislation is extremely discriminatory toward women, specifically no law banning FGM, personal law such as marriage, divorce, inheritance, etc. and it requires that the Government take immediate action toward introducing measures that promoted equality. What obstacles are in the way of gender equality legislation? What happened to the country’s Law Reform Commission of 1987? If it still exists, does it review discriminatory laws? Pointing at the fact that the majority of the Gambia’s poor were women, an expert asked what kind of long-term economic plans the country had to emerge from poverty? Also, was the country attempting to reach MDG of halving extreme poverty? Does the Government cooperate with the NGOs, how are the NGOs funded? Do groups who attempt to bring about change face violence when confronting traditional leaders? Are there radio programs for women?

The Government admitted illiteracy and other hindering issues for women exist, but also stated that it was not enough to change the law, mindsets needed to be changed as well. The Government is currently having dialogue sessions with religious leaders to increase public awareness and understanding. For example, the issue of FGM, there is a very recent draft law on children, Children’s Act, which bans FGM. The Gambia recognizes sharia law, which is family law, and also customary law.

In response to the question regarding the African Union Protocol on Women, a representative from the delegation said there was some concern that if it were resubmitted, there would be even more reservations made.

In response to the Law Reform Commission, it still exists and makes recommendations to the Government.

In reference to the poverty question, Mr. Taal responded by saying that poverty was an endemic in the Gambia. The country is in its planning stages for programs and policies that were linked to poverty eradication in accordance with the Millennium Development Goals, with a gender perspective.

Regarding micro financing, he said that the Gambia and NGOs were working on programs, of which 80% of the beneficiaries would be women. The minister said the micro credit available had very high interest rates, between 18 and 35 per cent; this is obviously not accessible for women.

On access to radios, he said there were community radio stations for which women were trained at the local level. Radios are the primary means of communication for rural women. Mr. Taal said women who raised their voices in protest were never harassed, resistance against women does not exist, and the Gambia has a long history of peaceful demonstrations.

Committee’s Questions
On article 3 of CEDAW:
How does the country distinguish equality and equity?

Regarding the question on “equality” and “equity”, Mr. Taal said the country promoted equal rights in all sectors of economic development.

What measures are being taken to promote gender equality? Does the Government sanction discrimination? Why is there such little impact on the advancement of women? Is there a lack of resources? What access do women have to the justice system?

He stressed that discrimination is not sanctioned by the Government, adding that overcoming discrimination also meant confronting and challenging fundamentalists.
Another representative responded that there was no Government legal aid. The Gambia is a poor country with limited resources. Some NGOs provide legal assistance to the population. Mr. Taal cited an example from Kenya where a group of women lawyers had formed a network and offered legal assistance to women, pointing out that there were other ways to obtain legal assistance.

Committee’s Questions
Articles 4 & 5:
The report did not mention much on temporary special measures, are there any examples in campaigns, which target women, for example, encouragement of women to lead in political parties? Another expert commented that it was the Gambia’s governmental elite who is resistant to change and gender equality and educating them is essential. The challenge is getting beyond stereotypes; laws should be made, and then known through education, media. What concrete local, systematic, integrated actions have been taken, e.g. religious leaders, is there a format followed in order to make the changes and attitudes? It has to be a systematic program. Is there an assessment of impact in terms of overcoming stereotypes? There was objection to the practice of using religion as a regular justification for inequalities. The country had a certain resignation to customary practices, and these cannot be accepted. There was a lack of political will. Clarification of the new draft law, Children’s Act, was requested.

Mr. Taal responded that the delegation had come to receive feedback as well as provide information. He stated that he believed that the best way was to educate the religious leaders and then change laws, but now he understood the importance of changing law.

Regarding Children’s Act, another member of the delegation stated that the first draft of the legislation included specific language regarding FGM, but it was met with much resistance, so the current draft law has more general language to “harmful traditional practices.” FGM was considered to be in the category.

Committee’s Questions
On article 6 of CEDAW:
What is the government doing regarding trafficking of women, prostitution? Is it working with EU and other countries to combat and promote other forms of tourism? Is there a law prohibiting sexual acts with minors?

Mr. Taal stated that this is a minor problem in Gambia, but admitted there have been recent cases. Accordingly, Gambian girls under the age of 18 were not allowed in the country’s tourist areas, at this, activists responded negatively because it was against freedom of movement. Sometimes girls would go to hotels where tourists stay, when this was outlawed, girls began using local apartments. The Gambia was also trying to coordinate with sex tourists’ countries of origin, but some nations would help the perpetrator by issuing new passports. It is common for maids from other countries to come to Gambia, but not for the purpose of sex. Another representative explained that the country had laws criminalizing sex with minors, under the age of 16. The penalty for trafficking of children in Gambia is life imprisonment.

Committee’s Questions
On articles 7 & 8 of CEDAW:
An expert pointed out that women voter participation was higher than men in 2002, which implied that women were interested in participating in politics. However, political participation of women is very low, they should be encouraged to participate. Additionally, Islam was not against women participating in politics. The delegation was asked to explain if the women in the National Assembly had voting rights.

In response, Mr. Taal said that all women in the National Assembly had voting rights, whether they had been elected or nominated. He agreed that Islam posed no limitations to women participating in politics.

Committee’s Questions
On article 10 of CEDAW: Education
An expert asked to clarify “girl-friendly” schools, as mentioned in the report. How was Gambia going to further the educational development for girls? Is domestic violence a part of the educational curriculum for girls? Are there provisions on domestic violence in national legislation?

Mr. Taal reported that Gambia is among the top 10 countries on its way to meet the target goal for education for girls in the MDGs. Another representative stated that there were several adult literacy programs, with a target of 80% participation by women. She continued and said that although there was no specific legislation on violence against women, there is a general criminal code that women can use, but most cases go unreported. There is no education curriculum pertaining to domestic violence.

Committee’s Questions
Article 11: Employment
An expert asked more information on labor laws, as well as temporary special measures to increase participation of women in political life. Also, there is no data concerning women’s participation.

Mr. Taal stated that Gambians never felt there was any discrimination in the employment field. He was proud to report that women and men have equal pay in the workplace.

In response to the lack of data, Mr. Taal agreed little data existed on women and employment in the formal as well as informal sector, and would include it in the next report.

Committee’s Questions
On article 12 of CEDAW: Health
There was a lack of data on health care in the report, especially on access of rural women to health care. Also, sexually transmitted diseases were reportedly spreading due to polygamy. What were the country’s efforts in confronting the HIV/AIDS crisis?

Mr. Taal responded that the Government was launching a program to combat malaria and other diseases affecting women. There is a genuine commitment, but there is a lack of resources. Another representative explained that due to lack of resources, rural women have access to health care, but the quality is significantly different from those who live in urban areas.

Committee’s Questions
On article 13 of CEDAW:
The expert noted there was a discrepancy in the International Labor Organization report on the Gambia concerning the equal pay mandate. She also recommended raising women’s visibility through other activities such as sports.

Mr. Taal appreciated the expert’s advice, and would look into the ILO report.

Committee’s Questions
On article 14 of CEDAW: Rural women
What is being done to improve the status of rural women? What were the major obstacles for rural women and girls? Is there a specific program with funds allocated to improving rural women’s lives?

Mr. Taal admitted that more needed to be done to help rural women. Many of the programs, which existed earlier, were not sustainable, but there are new sustainable development programs, in which he expressed hope. Another representative described existing national and international projects to assist rural women in developing businesses and managing agricultural trade practices.

Committee’s Questions
On article 15 & 16 of CEDAW:
Clarification of rules of divorce and inheritance was requested. How does the Government plan to address such discriminatory laws? Why is there ambiguity with the Children’s Act, that is, why doesn’t it specify FGM? Why is there no law against domestic violence? Another expert explained that sharia and customary law discriminated against women, what was the Government planning to do about these practices?

Mr. Taal said that the problem of domestic violence was being exaggerated. In defense of polygamous marriages, he said that many women are happy with the situation, and that monogamous relationships do no necessarily guarantee happiness. Mr.Taal stated that there were two’ Gambias’ being spoken about at the hearing, one that he knew and one that was being described by the experts. The country was being described as hiding behind cultural and traditional values, but women are happy, he explained.

Another representative continued that Gambia law states that anyone under the age of 18 is considered to be a child, and no child can be forced into marriage. On divorce, she said personal laws applied, regardless of religion. With regards to inheritance, personal laws applied, depending on the customs of the individuals involved.

Concluding Remarks by Chairperson, Rosario Manalo

Ms. Rosario Manalo welcomed the efforts of the Gambia in the measures it had taken thus far to improve the situation of women. While she understood the difficulties in implementing the Convention, she hoped to see full implementation of the Convention in its national laws.

She also expressed that Gambia should revise its discriminatory laws and adopt new ones in areas such as trafficking in children, violence against women, and harassment in the workplace. There seemed to be no political vision for substantive equality for women defined by the Government.

She stated her disappointment in the lack of a comprehensive plan to improve and protect the lives of rural women. There seemed to be no poverty reduction strategies aimed at helping rural women. Additionally, there was no law preventing harmful practices such as FGM.

She was puzzled by the statement that religious leaders had such a strong influence on legislation concerning the private lives of women, considering the Gambia is a secular state. She strongly suggested that the government of Gambia make it clear to religious leaders that they had no right to interfere with the laws of a secular country.

NGO Resources

Note on the Situation of Women in Gambia by the International Federation of Human Rights, July 2005

Banjul Declaration: A Declaration on FGM by Religious Leaders, Banjul, Gambia, 1998