COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF BURKINA FASO
The Committee on the Elimination of Discrimination against Women has considered the sixth periodic report of Burkina Faso on how that country implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Introducing the report, Celine Yoda Konkobo, Minister for the Advancement of Women of Burkina Faso, said that like other countries, Burkina Faso was familiar with the phenomenon of violence against women. There existed many forms of violence against women including female genital mutilation, early and forced marriages, and polygamy. Based on recommendations made by the Committee during its last reporting session, the State had undertaken various measures to address gender inequality. These measures included: adoption of the national plan for the advancement of women; the creation in 2003 of a national coordinating body to implement the plan of action for the advancement of women; the adoption of a law against HIV/AIDS; the law on reproductive health; and programmes and measures for reproductive sexual health, protection against HIV/AIDS, prohibiting trafficking and the worst forms of child labour.
Questions and issues raised by Experts during the discussion included whether the CEDAW Convention could be invoked in legal proceedings, whether women had unencumbered access to the judicial system, whether there were laws in place expressly criminalizing domestic violence, and what was the difference between the Ministry for the Advancement of Women and the Ministry for the Promotion of Human Rights. The delegation was asked numerous questions about female genital mutilation, the prevalence of HIV/AIDS and its impact on women, human trafficking, particularly in women and girls, and girls’ access to education. Several Committee Experts asked about the role of the National Commission of Human Rights and the powers that it had to hear complaints, investigate complaints and provide remedies to women who felt their rights had been violated. The delegation was also asked about awareness-raising in the country to make people aware of women’s rights under the Convention.
In concluding remarks, Ms. Konkobo said that enormous efforts remained, but they were truly determined to continue their endeavours and to cooperate with the Committee to implement its recommendations. Ms. Konkobo reaffirmed the need for bilateral and multilateral cooperation and exchanges to make women’s rights truly effective. She also assured the Committee that there was political resolve on the part of the Government and a determination shown by the women of Burkina Faso to bring in a more democratic and prosperous world, not only for women, but also for their children and for men.
Also in concluding observations, Naela Gabr, Committee Chairperson, said they had to say in all honesty that the Committee did not have miracles, but their concluding observations were for the well being of the country and she hoped the concluding observations would be extensively disseminated to provide a roadmap for the future, including implementation of the Convention which was vital for the good of the people. Ms. Gabr said that she understood the technical and financial difficulties encountered by Burkina Faso as well as the traditional practices, which ran counter to all women’s rights, and she hoped they would combat these practices.
The delegation of Burkina Faso included representatives from the Ministry for the Advancement of Women, the Ministry of Employment and Social Security, the Ministry of Health, the Ministry of the Economy and Finance, the Ministry of Agriculture, the Ministry of Education and the Ministry for the Advancement of Human Rights.
The next public meeting of the Committee will be on Wednesday, 6 October at 10 a.m., when the Committee will continue consideration of a draft general recommendation on the rights of older women.
Report of Burkina Faso
The sixth periodic report of Burkina Faso (CEDAW/C/BFA/6) states that the Committee made four recommendations to the State party after its last periodic report on how the Government of Burkina Faso could better combat violence against women. However, it has not been possible to adopt new legislative measures against domestic violence. The emphasis has been primarily on information and raising women’s awareness of their family rights and ways and means of defending them. In addition, the preferred strategy of the judicial authorities and legal advisory services (social services, Ministry for the Advancement of Women, non-governmental organizations and associations) is mediation, because the separations that follow domestic violence are mostly disadvantageous for the woman. To the same end, the Ministry of Justice has started a debate on the establishment of community justice centers to encourage cooperation between the State and civil society, in order better to support victims of violence.
Female genital mutilation, or excision, is a widespread practice in Burkina Faso and is not only one of the most damaging to women’s and girls’ health but also the hardest to eliminate. According to data from the 2003 EDS, 77 per cent of women aged 15 to 49 had undergone this practice. An evaluation study of the work of the National Committee to Combat the Practice of Excision (CNLPE) from 1990 to 2005 reveals a prevalence rate of 49.5 per cent in women from birth to the age of 60. Overall, there is a declining trend but the age of excision is falling, thereby multiplying the risks of girls suffering serious after-effects.
Women are still very poorly represented in Parliament, the Government and senior positions in central and communal administrations. Action is being taken by some non-governmental organizations and associations and by the National Assembly. It includes: the organization of a gender caucus in the Assembly; the holding of a forum on women’s representation in decision-making bodies in 2006; a proposed law on a quota of at least 30 per cent of men and of women on electoral rolls; and lobbying political officials to place more women on electoral rolls in the 13 regions at the municipal elections in 2005. These activities have helped to improve women’s representation quite considerably, especially in Parliament and local authorities. The percentage of women in Parliament, for instance, rose from 1.4 per cent of the first legislature in 1992 to 14 per cent in 2007.
Presentation of Report
CELINE YODA KONKOBO, Minister for the Advancement of Women of Burkina Faso, presenting the sixth periodic report of Burkina Faso, noted that the report covered the period 2001 to 2006 and had been prepared in participation with the Government of Burkina Faso, parliamentarians, civil society, religious communities, as well as opinion leaders in the country. Burkina Faso was a sahelian country that occupied 274,000 kilometres. Women accounted for 51.7 per cent of the population and a great majority of the population lived in rural areas. According to the last census, taken in 2006, the population was less than 14 million inhabitants. The socio-cultural situation was such that the predominance of the customary and religious laws were especially unfavourable to women, particularly in rural areas. In practice, many women continued to enjoy inferior status to men. Low school enrolment rates, poor sanitary conditions and a lack of decent housing were some of the issues facing women.
Ms. Konkobo said, like other countries, Burkina Faso was familiar with the phenomenon of violence. There existed many forms of violence against women including female genital mutilation, early and forced marriages, and polygamy. Recognizing the role of poverty in perpetuating inequality between men and women, the Government had placed its fight against poverty at the centre of its development actions and this had manifested itself in various government policies and strategies.
Based on recommendations made by the Committee during its last reporting session, the State had undertaken various measures to address gender inequality. These measures included: adoption of the national plan for the advancement of women; the creation in 2003 of a national coordinating body to implement the plan of action for the advancement of women; the adoption of a law against HIV/AIDS; the law on reproductive health; and programmes and measures for reproductive sexual health, protection against HIV/AIDS, prohibiting trafficking and the worst forms of child labour.
In terms of other measures taken to protect and promote the rights of women, the State had conducted information and awareness-raising campaigns among women to inform them of their rights and what they could do to protect those rights. There were many national days that were celebrated such as the National Day to Combat the Practice of Female Genital Mutilation, the National Citizenship Week, and a day of activities to commemorate the work of civil society institutions.
Regarding violence against women, Ms. Konkobo said that female victims of violence benefited from certain services such as shelters. In combating female genital mutilation, there had been positive developments by the National Committee to Combat Excision; 49.5 per cent of women between the ages of 0 to 60 years had undergone female genital mutilation and the number of prosecutions for this practice had grown. This had allowed women to break their silence surrounding female genital mutilation and Government programmes had increased the counselling and assistance available to women.
On the issue of education, certain special temporary measures had been adopted in favour of girls, including: free education at the primary level; acceleration of the access of girls to secondary education; and priority reservation of 60 per cent of university seats for girls. Despite these measures, there were still a number of concerns regarding girls’ access to education.
Ms. Konkobo said that in 2006, Burkina Faso signed a multilateral agreement with neighbouring countries to combat human trafficking, and internally a law was adopted to combat trafficking, which also included measures to help victims. Measures had also been taken to increase the representation of women in parliament. A law on quotas was adopted by the national assembly and several seminars had been undertaken dealing with gender and legislation. These policies had begun to bear fruit. For example, the percentage of women in parliament had increased from 1.4 per cent in 1992 to 14 per cent in 2007, an increase of 12.6 per cent.
In terms of the labour market, the labour code had been reformed and now prohibited sexual harassment in the workplace as well as discrimination against people living with HIV/AIDS. The legal working age had also been raised from 14 to 15 years.
Between 2001 and 2006, a number of programmes and projects concerning healthcare had been undertaken. A National Health Plan for 2001-2010 was adopted in 2003, considerable efforts had been undertaken to combat malnutrition, and administrative measures had been enacted as well including augmenting healthcare infrastructures, increasing training for healthcare personnel, providing subsidies for obstetric and neonatal emergency healthcare and improving data collection. The result of these efforts was that prenatal and postnatal health statistics had improved.
Concerning women living with HIV/AIDS, the disease had increasingly become a women’s disease. In 2006 of the 5,144 known cases 3,309 or 64.3 per cent, were women. However, through a number of programmes, policies and strategies a general decrease in the prevalence of HIV/AIDS had been seen, decreasing from 4.2 per cent in 2002 to 2 per cent in 2006. Help for orphans and vulnerable children had also been increased.
In closing, Ms. Yoda Konkobo said that particular attention had been paid to violence against women and the needs of rural women and this had been accomplished thanks to assistance from civil society and other partners. Actions to promote gender equality continued to face obstacles due to socio-cultural tendencies in the country. There was still work to do to allow women to participate fully, but the State had been adopting policies and these would be their reference in the future in Burkina Faso.
Questions by Experts
Among questions and issues raised by Committee Experts, the delegation was asked about the place of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in national law. Could it be directly applied by courts and did it enjoy primacy over national laws? Was the principle of equality expressly written in the laws and was there a specific prohibition in national legislation regarding discrimination against women?
An Expert asked whether there were low threshold procedures for accessing the judicial system, whether there was a national human rights institution that could deal with complaints by women under the Convention and had the CEDAW Convention been cited in any court cases.
A Committee Member said that ratification of the Convention and Optional Protocol was not enough to guarantee the rights of women; without a precise definition of discrimination and without a sufficient body of legislation these measures would not be enough. Was the Government of Burkina Faso willing to pass laws regarding violence? What was the role of parliament? Could it take initiatives and develop a structure to deal with women’s issues? The Experts said they understood the importance of traditional and religious beliefs, but how did the system of justice currently work? In terms of international support, which Burkina Faso had once again requested, was there any money budgeted for good governance? Was there any sort of regional cooperation or assistance?
How did the national machinery coordinate the gender equality policy? How were laws enforced; how was data collected; how were policies monitored and implemented? Had national human rights institutions, such as an Office of the Ombudsman, been created and if so how did they work with the national machinery, what powers did they have and what remedies were available to them?
Another Committee member also asked about coordination mechanisms and how they worked to implement the action plan on women.
Response by Delegation
Responding to questions, the delegation said that the parliament did play an important role in making improvements in this field. A law was adopted requiring that 30 per cent of candidates in municipal elections had to be women. That law was put forward by parliament, so as the Committee could see, the parliament was important in advancing women’s rights. The Government had also recently adopted a gender equality policy, which was daring because many countries in the sub-region had not adopted such policies.
There was a technical arm for the implementation of the national gender policy. The National Council for Gender met once per year to take stock of how the policy was being implemented as well as to come up with new ways and avenues to address these issues. There were also communal councils at the provincial level to implement gender equality so work was being done at all levels to spread information regarding these laws and rights.
In terms of increasing access to the justice system for women, the delegation said the National Human Rights Commission was very important in this regard because people could file complaints, and the Commission could investigate and help victims gain access to courts. Courts had increased in number in the country in line with national justice goals, and financial assistance was also available for people who needed legal aid which was determined by the Commission. The Justice Department also held open houses to educate people about proceedings, requirements and so on. Civil society organizations also played an important role in offering information on access to the legal system. There were also victim support centres where women could go to talk about their problems and get information on the legal system before going to the formal system.
Questions by Experts
In a second round of questions and comments, Experts asked for further details on measures undertaken to increase school enrolment rates for girls. Also, why was the quota law considered a temporary, special measure and did the delegation feel that it had accomplished its objective? Did the delegation envisage enacting other temporary, special measures to address other issues facing women?
Regarding the lack of a specific law addressing domestic violence, an Expert said that mediation was commendable, but women might stay in violent relationships because they felt there was no way out and divorce would be disadvantageous for them. Were there any plans to develop a holistic approach to domestic violence? Were there any figures on convictions for domestic violence? Turning to female genital mutilation, the Expert said that the criminal justice system handed down very lenient sentences and parents who were accomplices were rarely prosecuted. What measures had been undertaken to educate judicial officers to impress upon them the seriousness of this offence?
An Expert said that older, disabled and widowed women were often disadvantaged and dependent on their male caretakers. What was being done to help them? What was the role of traditional or customary law in the country?
How could the various stakeholders, including women, government, media, and civil society be brought together to address the negative and traditional stereotypes of women in the media, in school books and in other areas to change society’s view of women, which would lead to a change in their situation?
Response by Delegation
Responding to those questions, the delegation said work had been undertaken to eradicate negative images of women in school manuals. A special department had been established for the education of girls. In terms of older women, those without families were the most vulnerable because they were more likely to be accused of witchcraft and were vulnerable to violence. There were steps being taken to help them including shelters to receive them and assistance programmes for them.
In terms of forced or early marriage, 2010 was declared by the Secretary General as the year to combat violence and Burkina Faso was chosen as a country to conduct a pilot study and they did this and with the help of UN agencies the State had been working to combat various forms of violence against women including these marriages. Obstetric fistula was often a result of these marriages and until now very few women talked about it, but the Government was trying to address it through awareness-raising for both women and men.
In terms of the CEDAW Convention in the legal life of the country, the delegation said the law was clear: treaties were superior to national legislation and victims had access to any of these laws.
The delegation said school books had been cleaned up of all negative or derogatory images of women and girls and the new books were used in primary school. Gender sensitive teaching was also part of that, because even if the books were better discrimination in the classroom could still take place. They were not just talking about textbooks; they also looked at the behaviour on the part of the teachers. There was also a monitoring mechanism to ensure the safety of girls in school and cases of violence had to be reported. If children complained, adults would listen to them. Not all schools had benefited from this, but the process was up and running. In terms of free education, temporary measures had been taken whereby the State paid the school fees of girls who went to school for the first time for their first year of school and they would look at the outcomes of this pilot programme.
Questions by Experts
In a further series of questions and comments, Experts asked, among others, about human trafficking and previous recommendations made by the Committee for Burkina Faso to intensify their efforts to combat trafficking and to develop a comprehensive national strategy against trafficking. What was the Government doing in terms of prevention and protection in this area?
Response by the Delegation
The delegation responded that Burkina Faso shared a border with six countries and they worked with transporters to stop the transportation of girls to other countries for labour or sexual exploitation. When those girls are brought back they are dealt with by Government centres to educate them in household crafts and literacy so that they would be able to work for employers who would treat them well and pay them decent wages.
The delegation said that in 2003 a text on human trafficking was published and it was revised in 2008 to include those aspects related to the trafficking of children, which had been omitted. Priorities had been established for each jurisdiction to ensure that proper processing of cases and follow-up was being done. There was also a sub-regional seminar held by Burkina Faso to discuss this very issue and the outcome would be the issuance of a document on how to deal with this problem on a regional level.
Questions by Experts
In additional follow-up questions on the first part of the Convention, Experts wondered whether in addition to the issue of female genital mutilation and dealing with that in a criminal context, there was also a strategy that dealt with educating people.
Could the delegation be more precise in terms of the role of the ombudsman in promoting gender equality? Also, it was an Expert’s understanding that the National Commission of Human Rights was not in accordance with the Paris Principles. There was a Ministry for the Advancement of Women and there was also the Ministry for the Promotion of Human Rights; which entity was responsible for women’s rights?
How was the role of parents in female genital mutilation addressed? Was it criminalized?
In terms of human trafficking, the delegation talked about stopping the transportation of children, but did the State focus on the brokers who were involved in the sale of these children? How was the work between police, social workers, and prosecutors coordinated?
Response by the Delegation
The delegation said that regarding female genital mutilation, awareness-raising and training had been in place for more than 10 years and now they were prosecuting those who performed such excisions and their accomplices, and this included parents, aunts, uncles and other family members. People who performed these excisions said they did it because they were poor and the parents paid them to carry out these excisions so when the Government encouraged them to cease these activities they provided micro credits to help them transition to another line of work.
The Ministry for the Advancement of Women dealt exclusively with the rights of women, according to the delegation. The National Human Rights Commission was financially autonomous and the Commission could, on its own initiative, draw the Government’s attention to incompatibilities between internal legislation and conventions ratified by the country. This Commission had just been set up and the members had been elected on 24 September. Anyone could file a complaint with the Commission and it could investigate the facts of the case and ensure follow-up. The Commission could also visit places of detention to see whether the rights of persons detained were respected. The Commission had full latitude to make sure the Government observed the treaties that it had ratified.
Returning to the topic of domestic legislation regarding violence, the delegation said that Burkina Faso had not rejected the recommendation from the Universal Periodic Review regarding domestic violence laws; rather the State said it would consider it and such a law was in fact under consideration.
On trafficking in children, it was not the children who decided to go, but rather parents who sent them through intermediaries to work, hoping they would earn money they could send back to their villages but more often than not the children came back with nothing if they came back at all. Typically, it was the intermediaries who were judged, convicted and punished. A number of different ministries were involved with this, but efforts were coordinated by the Ministry of Social Solidarity and Social Action.
Questions by Experts
In a further round of questions regarding the second half of the Convention, Committee Members asked what complimentary measures were envisaged to have more women elected and appointed to decision-making structures. What was the representation of women in the highest level of the judiciary and in management positions in state administration? Also, were there any objectives aimed at increasing the role of women in political decision-making, including diplomacy?
Response by the Delegation
Responding to these questions and issues, the delegation said that when it went back to Burkina Faso it would organize a press conference to inform everyone about this meeting with the Committee. Parliament had been very active in increasing women’s involvement in governance. At the municipal level, women made up 36 per cent of municipal leaders and this was due to advocacy on the part of the Government to advance the status of women in local government.
The actual quotas applied to political parties, so 30 per cent of their candidates had to be women. They were also educating people on the law so women could use it in the upcoming election battles. The law had been voted in and women needed to use it effectively. There were penalties for not following the law; for example, political parties that did not meet the 30 per cent threshold of female candidates, did not get 50 per cent of their funding (because the Government funded political parties).
There were women at high levels in the diplomatic rank; at one point 5 of the 25 ambassadors were women and now that number was 4 out of 25. There was a female Secretary General and 3 out of 7 directors were women and women were magistrates as well. The delegation did not have all the numbers, but suffice it to say there were women in high places throughout the Government of Burkina Faso.
Questions by Experts
In additional questions and comments regarding education, Experts noted that the State had been engaged in a reform effort focused on primary and secondary education and the enrolment of girls at the primary level had increased. The completion rate for girls at the primary level, however, was well behind that of boys. There was an extremely high drop out rate from the primary grades. Had the factors been identified that accounted for this drop out so that initiatives could be launched to deal with the problem? To what extent had girls been targeted, for example due to violence in schools, and what role did the teaching force, which was largely male, have on this drop out rate? Could the delegation please elaborate on the payment of school fees: who were they paid to and what happened after the subsidy from the State ran out after the first year?
Another Expert asked to what extent teachers and other stakeholders were trained in human rights and women’s rights?
Response by the Delegation
The delegation said that if there was one area where Burkina Faso could say it was satisfied with developments, it was in the area of education. But they had to make efforts to make sure girls did not drop out. Women needed to be in more decision-making positions when it came to education and this included mothers, who sometimes kept their daughters home to do chores. Illiteracy was a problem in Burkina Faso and the Government had appointed a special minister to ensure that literacy made progress in the country and their programme would be implemented from 2011. In terms of training teachers, the delegation said they had the necessary training. A National Commission of the Prevention of Violence at School had been established to address issues of violence not only in schools, but also violence at home that could keep girls out of school. The State also offered subsidies so that parents could keep their kids in school and parents were offered training in children’s rights so that they could understand that sending sons to schools instead of daughters damaged the entire family. Advocacy days were also organized with the media to impress upon parents the importance of keeping girls in school.
Questions by Experts
In follow-up questions, a Committee member asked whether there were any measures to protect divorcees of foreign origin from losing their nationality or residency, and to protect people who were refugees.
Response by the Delegation
In responding to these questions, the delegation said that concerning nationalities their legislative texts and what was contained in the Family Code was in accordance with article 9 of the Convention. Concerning displaced persons, these were people who were displaced within the country and had not left Burkina Faso soil, but immigrants were people who had crossed the border. For internally displaced persons they maintained their nationality, while refugees were treated based on the laws governing the rights of refugees. Children of migrant or refugee parents born in Burkina Faso had citizenship in that country by virtue of having been born there.
Questions by Experts
Concerning healthcare in Burkina Faso, Experts asked for more information on programmes and policies for the reduction of high maternal mortality rates and healthcare subsidies. The delegation was also asked about early and forced marriages and whether this was dealt with in the penal code, what sort of healthcare was offered to young girls who were married at an early age, what healthcare was available in rural areas, and what was the situation for women and abortions? Were women criminalized or only abortion providers?
Another Expert said there appeared to be contradictory information in the periodic report regarding reproductive health; on the one hand the report stated that there was a lack of political will regarding reproductive health and a lack of partner support, while in other parts of the report it was stated that a great deal had been done to address reproductive health issues. Also, what was the status of the strategic plan on reducing maternal mortality? What measures had the State party taken to educate and involve men in reproductive health measures for women? Could the delegation provide specific examples of what was being done to protect women from HIV/AIDS infections and unwanted pregnancies? Could the delegation also elaborate on what was meant in the report when it referred to the unmet sexual health needs of elderly women? The Expert also asked about statistics on malnutrition and tuberculosis, as well as the disparity in access to healthcare between rural and urban women. What was being done to close that gap?
Had the State undertaken any studies to determine why more women than men were infected with HIV/AIDS? Studies had shown that in addition to biological factors, there were also social and cultural factors that could be used to help focus interventions.
Response by the Delegation
In responding to these questions, the delegation said that studies had been undertaken to determine why women were more susceptible to HIV infection, and while there were biological factors they had discovered that women did not feel empowered to negotiate with men when it came to sexual intercourse and the largest group of women contracting the disease were young women and this was a shame because this was now becoming an economic issue.
Concerning maternal mortality, the delegation said the number of maternal deaths had decreased between 1998 and 2006, but there were still too many women dying in childbirth. There were delays in getting health assistance, including financial barriers that kept women from seeking medical help. It was also the case that when women decided to seek help, they might not have transportation to get to a doctor or a hospital or if they had transportation they had to deal with poor roads. Efforts were being made to increase the number of healthcare facilities with ambulances, improve the roads and provide better training to healthcare workers. The Government was also offering healthcare subsidies to help women who had financial difficulties. Since 2002 the HIV transmission programme had been in place, after a pilot programme deemed it feasible, and many healthcare facilities were now implementing that programme which was free to women and their children. In terms of malnutrition, the delegation said that it would be able to provide the Committee with that information, as well as information on tuberculosis at a later date. The delegation added that Burkina Faso had passed a law criminalizing the intentional transmission of HIV/AIDS by someone who knew they were HIV positive. Free anti-retrovirals had been paid for by the Government since 2010.
Questions by Experts
Concerning the issue of employment, under article 11 of the Convention, Committee Members asked what impact the new labour code was having on women. The report revealed there was occupational segregation with women being recruited as cashiers and secretaries so what was being done to diversify occupational choices for women and men as well as increase the representation of women in managerial ranks. Were women receiving job training in non-traditional areas and what measures were being taken to ensure social and legal protection for women working in the informal sector? What efforts were being made to close the gap between wages earned by men and women?
Another Expert asked whether women began working at a very young age. Were there services available to women, such as childcare facilities for example, to help women work? What was the situation of social security in the country?
Response by the Delegation
The delegation responded to the questions surrounding employment by saying there was equal pay for equal work in Burkina Faso so there was no wage disparity in the country. The Family Code was very progressive in the respect that women could work in whatever field they chose without their husband’s consent. There were also programmes to increase women’s participation in non-traditional fields, such as science for example.
The Labour Code regulated the formal economy, the informal economy was harder to regulate, but the principles laid out in the code and in the constitution said that there should be no discrimination in either the private or public sector employment. If a woman felt she had been discriminated against, she could file a grievance with the General Work Inspectorate and if she was unhappy with their ruling she could appeal her case to the labour court.
Day care centres and pre-school education came under the purview of the Ministry of Social Action.
Questions by Experts
On the question of micro credit for women, an Expert asked if in addition to this credit women had access to other forms of credit such as mortgages or other loans. The Expert heard that banks were very traditional when it came to loaning money to women and it was difficult for women who worked in the home or the informal sector to get loans.
With regards to women in rural areas, a Committee member was pleased to note that in 2000 the Government had drawn up a strategic framework to deal with poor women in rural areas. What did this framework consist of, how many women and their families had benefitted from this framework, and how did the Government ensure that the women benefitted from the land, as was laid out in a law. Had a comparative study been done to determine rates of violence against women in rural areas versus those in urban areas?
Another Expert asked whether the Government included a gender perspective in its response to climate change.
Response by the Delegation
Regarding credits and loans, the delegation said it was true that women tended to focus on micro credit as conventional banks were inaccessible to them because these banks asked for collateral and steady employment, which these women often did not have. What the Government had noticed was that increasingly women who had paid back their loans were able to get larger loans to undertake larger scale activities.
The Strategic Framework on Poverty had been developed in 2000 and overhauled in 2003 and focused on the pillars of growth, equity, access to basic resources, opportunities in employment and income generating activities for the poor and good governance. The State noticed there were still inequalities between men and women so a new document was being drawn up, the purpose of which was to include a gender perspective and to take on board the views of women when drafting or shaping policies.
The Government had adopted policies for land management and land ownership and measures were being taken to implement these texts to guarantee that women had access to land ownership in these rural lands that had been developed by the State and to ensure equity and equality. They also received technical assistance to ensure that they could actually make a living off the land.
Turning to the consequences of the recent floods, press reports that said that women fared worse during the flood were not true. All flood victims were treated equally and no one was excluded from the rescue efforts. Even women who were heads of households received the same treatment as male heads of households. Climate change affects everyone and Burkina Faso was no exception. Burkina Faso lacked wood for heating and for many years there had been campaigns for reforestation and men and women worked together on this.
Questions by Experts
An Expert said that family law and family life was a sector that still suffered from gender discrimination. What kept the Government from changing the age of marriage for girls in the formal law? The informal law meant that girls were getting married at an even younger age and the Family Code recognized customary and religious marriages as well and under these laws there was no limit to the age of marriage. Was that true? Were there criminal proceedings against parents or other people who married young girls off at a tender age? What were the rights of women who were married in civil marriages or in civil unions? In case of divorce, what were they entitled to? Regarding polygamy, the report said it was tolerated because of the customs and because the law permitted it. This was not in line with the CEDAW Convention. In what way did the law permit this?
Another Expert asked whether there was a study on maternal mortality due to illegal abortions?
Response by the Delegation
In terms of women’s rights in cases of divorce, this depended on whether the woman chose to share her property at the time they were married or whether they opted to keep it separate. Civil marriages were recognized by the law, but customary and religious marriages were not. Women’s rights were protected when there was civil marriage, which was why the Government had undertaken measures to encourage civil marriages, especially in rural areas. When the marriage was dissolved, the judge applied legal texts on the liquidation of possessions. The Government had also taken initiatives in a number of areas to increase birth registration as well.
On the topic of polygamy, the delegation said it was well aware that polygamy was tolerated in their legislation, but laws were developed to be applied in a particular social and cultural context and this issue would come out in the wash. They had to change people’s opinions and laws were all well and good, but they had to be applied in the field. Monogamy was established as the regime in the country, but polygamy was still an option. This was a very long process and they were trying to change mentalities and there was no doubt that they would, but for now the code existed and they had to accept that.
For early and forced marriages, the delegation said that no one would perform a civil marriage for an under-aged girl and customary and religious marriages were not recognized. Otherwise, it was a case of kidnapping and this could be prosecuted under the criminal code. They also worked to educate parents on the ills of these practices.
The delegation said that two studies were carried out in the two major cities in Burkina Faso and about half of the maternal deaths were due to illegal abortions and most of those deaths were of adolescent girls. This was why the strategic framework took into account this type of abortion and espoused measures to try to prevent it.
Concluding Remarks
In concluding remarks, CELINE YODA KONKOBO, Minister for the Advancement of Women in Burkina Faso, thanked the Committee members for their patience and the interest they had shown in women’s rights in Burkina Faso and she could ensure them that they would take to heart all the recommendations and would spare no efforts to ensure the full enjoyment of women’s rights. Since the report covered the period 2001 to 2006, the delegation had tried to fill in the gaps from 2006 until the present. Ms. Konkobo said that enormous efforts remained and they were truly determined to continue their endeavours and to cooperate with the Committee to implement its recommendations. Ms. Konkobo reaffirmed the need for bilateral and multilateral cooperation and exchanges to make women’s rights truly effective. She assured the Committee that there was political resolve on the part of the Government and a determination shown by the women of Burkina Faso to bring in a more democratic and prosperous world, not only for women, but also for their children and for men.
Also in concluding remarks, NAELA GABR, Committee Chairperson, thanked the Minister and delegation for providing answers to their questions and thanked them for their frankness and enthusiasm. Ms. Gabr said as Chairperson of the Committee, and as an African chairperson, she wanted to say that in all honesty the Committee did not have miracles, but their concluding observations were for the well being of the country and she hoped when the delegation returned home it would inform the Government, population and media of the exchange they had had here and the concluding observations would be extensively disseminated to provide a roadmap for the future, including implementation of the Convention which was vital for the good of the people. Ms. Gabr said that she understood the technical and financial difficulties encountered by Burkina Faso as well as the traditional practices which ran counter to all women’s rights and she hoped they would combat these practices.
For use of information media; not an official record
CEDAW10/019E