COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN MEETS WITH NON-GOVERNMENTAL ORGANIZATIONS
The Committee on the Elimination of Discrimination Against Women this afternoon met with non-governmental organizations to discuss the situation of the rights of women in Burkina Faso and Tunisia, whose reports will be considered this week.
Representatives of non-governmental organizations in Burkina Faso noted that 25 years after the ratification of the Convention, laws in Burkina Faso discriminating against women remained in national legislation. For example, the marriage age of girls was still lower than that for boys and inheritance rights between men and women were still unequal. Equal access to healthcare was lacking even though under the law there was no discrimination, but it was more the social and economic dependence of women that kept them from accessing healthcare. The feminization of HIV/AIDS, inadequate sanitation, poor living conditions and high rates of maternal mortality were also healthcare issues facing women. The representatives also pointed out that violence against women and girls was not only a health problem, but a development and human rights problem. There was legislation against domestic violence, but it was inadequate and violence against women was spreading and becoming more persistent including domestic violence, rape in schools, incest, and persecution of women deemed to be witches. New laws defining violence against women and girls as a criminal offense were needed, but the Government had not taken legal action to that effect.
Representatives of non-governmental organizations from Tunisia said that the bride price was tantamount to objectification of women’s bodies and this problem was bolstered by husbands being deemed the head of the family, despite women’s contributions to domestic chores and child rearing. This inequality was enshrined in discriminatory inheritance laws as women were only entitled to half of what men were entitled to. Violence against women was spreading to all sectors of society and put women’s lives in danger. There was a lack of a national strategy against violence and a lack of an adequate structure to deal with the problem. Another non-governmental organization representative said that women in Tunisia enjoyed a very progressive status, with rights that had been consolidated over the last 20 years and the promotion of these rights was a constant pillar around which social policy was based. Other laws and measures had been established such as the abolition of all forms of violence against women. Equality in terms of inheritance was another area that the Government had been working on, although there were still some barriers. Some measures that had been taken included allowing a girl to inherit if there was no male heir and allowing a non-Muslim wife to inherit property.
Speaking during the discussion were representatives from the Association of Women Jurists of Burkina Faso on behalf of the Coalition for the Burkinabe Monitoring the Implementation of CEDAW; the Tunisian Association of Democratic Women; the Organization of Tunisian Mothers; and the National Union of Tunisian Women.
As part of its work, the Committee invites non-governmental organizations and national human rights institutions to provide information and documentation relevant to the Committee’s activities. This is the first of two meetings that will take place with civil society groups; the second meeting will take place on 11 October when the Committee will hear relevant information pertaining to the rights of women in the Czech Republic, Malta and Uganda.
The Committee also heard a presentation from the Chairperson of the pre-session Working Group for the forty-seventh session, on the work they had undertaken with respect to preparation of lists of questions for State party reports.
When the Committee reconvenes at 10 a.m. on Tuesday, 5 October, it is scheduled to begin consideration of the sixth periodic report of Burkina Faso (CEDAW/C/BFA/6).
Statements
FRANCELINE TOE-BOUDA, of the Association of Female Jurists of Burkina Faso, said that 25 years after the ratification of the Convention laws in Burkina Faso discriminating against women remained in national legislation. For example, the marriage age of girls was still lower than that for boys and inheritance rights were still unequal. Ms. Toe-Bouda said that the definition of discrimination against women given by CEDAW should be included in national legislation and should be included in the preamble of the constitution. There were very few female leaders at the national or international level. The State should take action to implement a quota system so that women represented 30 per cent of political leaders. Budgets should also be increased to take into account the needs of women and children so that they represented at least 7 per cent of the national budget by 2012. Girls and women should be better trained with better teachers and more adequate school structures. Schools should be free and compulsory, which was currently not the case.
LARISSA ZONGO NANA, of the Association of Female Jurists of Burkina Faso, focused on other problems facing women in the country. Equal access to healthcare was lacking even though under the law there was no discrimination, but it was more the social and economic dependence of women that kept them from accessing healthcare as well as high rates of maternal mortality. Feminization of HIV/AIDS, inadequate sanitation and poor living conditions were also healthcare issues facing women. Ms. Zongo Nana said that the State should take all effective measures to provide free maternity care and subsidies for healthcare and data collection and statistics on gender based violence needed to be institutionalized. Violence against women and girls was a health problem, a development problem and a problem related to women’s human rights. There was legislation against domestic violence, but it was inadequate and violence was spreading and becoming more persistent including domestic violence, rape in school, incest, and persecution of women deemed to be witches. New laws to combat violence against women and girls as a criminal offense were needed, but the Government had not taken legal action to that effect. It was urgent that the State adopt new laws and legislation concerning cultural practices carried out against women and girls, as well as domestic violence and family violence. The Government should also create shelters and provide medical and psychological attention to victims of violence.
SANA BEN ACHOUR, of the Tunisian Association of Democratic Women, said that in Tunisia the prohibition of inter-faith marriages was contrary to law and freedom of choice of partners. The bride price was tantamount to objectification of women’s bodies and this problem was bolstered by husbands being deemed the head of the family, despite the contributions of women to domestic chores and child rearing. This inequality was enshrined in the discrimination of inheritance laws as women were only entitled to half of what men were entitled to. There was also a problem with the vacuum of laws surrounding single mothers. Children born out of wedlock and non-Muslim spouses were also at a disadvantage when it came to inheritance and protection under the law. There also remained obstacles to women participating in public life. Violence against women was spreading to all sectors of society and put women’s lives in danger. There was a lack of a national strategy against violence and a lack of an adequate structure to deal with the problem. These legal shortcomings in public policy were bolstered by the lack of integrated legislation and gaps in the penal code dealing with violence, as well as a lack of access of women to the legal system. Marital rape could not be prosecuted as spouses were bound under customary law to fulfil their conjugal duties and rapists could marry their victims and thus avoid prosecution. Economic and social disadvantages of women compounded all these problems.
SAIDA AGREBI, of the Organization of Tunisian Mothers, said that in Tunisia education was compulsory and free of charge for boys and girls from 6 to 16 years of age. Women’s health, vaccinations for mothers and children, and pre, post and neo-natal care were also priorities for the Government. The Government of Tunisia had pursued active equality between men and women by, among other things, ensuring joint ownership of property between husbands and wives, alimony for divorced wives as well as housing and the rights of women married to foreigners to have kids and to convey their nationality to their non-Tunisian spouse, as well as unifying the minimum age of marriage between boys and girls. The Government had worked to increase awareness of violence against women as well.
SALOUA TERZI BEN ATTIA, of the National Union of Tunisian Women, said that women in Tunisia enjoyed a very progressive status, with rights that had been consolidated over the last 20 years and the promotion of these rights was a constant pillar around which social policy was based. Other laws and measures had been established such as the abolition of all forms of violence against women. Equality in terms of inheritance was another area that the Government had been working on, although there were still some barriers. Some measures that had been taken included allowing a girl to inherit if there was no male heir and allowing a non-Muslim wife to inherit property. Tunisia had thus made important steps in meeting its commitments and withdrawing its reservations. It was encouraging women to get involved in all aspects of life and this was reflected in the fact that women made up 30 per cent of those employed and they were very active in public life such as associations and political life. A new social structure was taking shape in Tunisia and this made it possible for everyone to express their views through political participation and decision-making and through the press.
Questions by Committee Members on Burkina Faso
One Committee Expert asked whether mediation was used in cases of domestic violence and how these cases were handled.
In terms of school fees, representatives of the non-governmental organizations were asked whether parents had to pay these fees directly or whether it was an association that paid these school fees. There had also been mention of the building of boarding schools and shelters. Where were these schools being built? At the university level, was education only residential?
In terms of inheritance laws and community property, a Committee Expert said it was their understanding that it was hard to enforce the laws concerning equal distribution of property. Could the non-governmental organization representative elaborate on the de jure laws enjoyed by women and how they were enforced?
With respect to discriminatory laws, a Committee Member asked about the status of the CEDAW Convention in Burkina Faso and whether it was used to enforce the laws. Also, could the main causes of the high maternal mortality rates be explained to the Committee? Did the non-governmental organizations have more information on rape cases in schools? Were schools not safe for girls? Also, in terms of female genital mutilation, did the representatives have any numbers on prevalence rates for this practice?
Child trafficking was a huge problem in the country, according to one Committee Expert. What was being done to raise awareness of this issue and what was being done to protect children who were vulnerable to trafficking?
Had there been any convictions under the law that made it illegal to knowingly have unprotected sex and infect someone with HIV/AIDS? What was the prevalence rate of the disease?
Responses by the Non-Governmental Organizations of Burkina Faso
When domestic violence occurred it was the traditional chiefs, with their powers of mediation, who were the first to hear complaints, according to the non-governmental organization representatives. When mediation did not work, then the issue went further, but people had a problem going to the courts and they preferred to have their problems heard before the chief. It was a traditional, oral system with nothing written down and that was how things were solved. If women wanted to go to a modern court, they faced many obstacles; either they did not have the resources or they feared being reprimanded at home for airing their problems in public.
In terms of school fees, parents had to pay contributions to the school and this had become a prerequisite for pupils to be accepted into classes and when these fees were not paid kids were not allowed into school. Parents had to pay contributions into associations, which then paid the teachers and it was the teachers who threw kids out of class if the parents had not paid. The non-governmental organization had asked for the boarding school system to be re-established because many of these kids lived in villages far from schools and if there were boarding schools these children could continue their schooling uninterrupted; this was a particular problem for girl students.
Children often went to neighbouring countries such as Côte d’Ivoire to work. They did not have any exact figures on these numbers, but there were campaigns underway to raise awareness of people about the dangers of trafficking children, particularly for labour purposes.
In terms of the applicability of the Convention in Burkina Faso law, the non-governmental organization representatives said that the Convention did enjoy primacy above the national legislation, except the constitution and judges often hid behind this exception.
Regarding rapes in school, it was astonishing, but it had happened and cases of teachers raping their pupils had gone to court. There was one case in which a teacher killed a child to keep their crime from coming to light.
On the issue of women’s rights to property, the State had formulated land holding laws making it possible for women to have access to land, housing, and means of production. Under the new agrarian reform law of August 2010, there were provisions allowing women in urban areas to have land with proper facilities and they could participate in the lottery system that distributed these plots of land.
Questions by Committee Members on Tunisia
A Committee Expert said there seemed to be some inconsistencies between the presentations of the non-governmental organizations from Tunisia. One person said there was no comprehensive law against violence against women, while another speaker said all the laws were in place. Could the speakers clarify the status of domestic violence laws in the country?
Did the civil code adopt the stance of customary and religious law regarding marriage and divorce? Could the speakers elaborate on the community property laws in the country? There was also mention in the law of a lifetime annuity for the wife in the event of a divorce. What was this?
Cross border human trafficking was a huge problem, according to one Expert. What measures were in place to combat traffickers? Also, could information on older women be elaborated on by the speakers, such as pensions, their right to healthcare and housing?
Had the Tunisian non-governmental organizations considered carrying out comparative studies to look at the status of reservations to the Convention in other Muslim countries? The response was varied and some countries had no reservations or had withdrawn their reservations, so it was up to the non-governmental organizations to do their homework and take this information back to the Government.
Responses by the Non-Governmental Organizations of Tunisia
SANA BEN ACHOUR, of the Tunisian Association of Democratic Women, answered the last question first by saying that this study had been carried out by the Coalition for the Withdrawal of Reservations and they had discovered through that work that there were a number of differences among countries. Unfortunately, those differences meant that Tunisia, once a pioneer in women’s rights, was falling behind compared to other Muslim countries that had no reservations or had lifted their reservations. In terms of Islam as a State religion, Ms. Ben Achour said that her non-governmental organization was surprised by the Government’s statement that implied that Muslim law was the basis of the law and that no law would be promulgated that violated religious law; in her view this represented a step backward. In terms of the involvement of non-governmental organizations in public life, there was a big difference in the treatment of non-governmental organizations that agreed with the Government and those that did not. In the first place, in order to start an organization there had to be prior authorization from the Government. There was no comprehensive law on violence against women, and traditional practices gave priority to the head of the family and he could do as he liked. In terms of the rape of girls, the organization had received complaints from girls as young as nine years of age.
On the subject of marriage and divorce, Ms. Ben Achour said Tunisia had in fact made progress. But in the Code on the Status of the Individual there were references to traditional law and it was these laws that prohibited inter-faith marriages and the like. Inter-faith marriages were recognized in some cases for men, but in the case of women the spouse had to convert to Islam.
SAIDA AGREBI, of the Organization of Tunisian Mothers, said that all facilities were provided for non-governmental organizations, even those who disagreed with the Government; their rents were paid by the Government. No one could deny the advancements of women in Tunisia, including equal pay for equal work which even American and European women did not enjoy. Any woman who felt her rights had been violated could sue and there had been cases of this and women had won these cases. As far as the elderly in Tunisia were concerned, they were spoiled and there were many facilities for them to live in dignity and respect. Divorced women with kids got to keep the house and received alimony; if a woman did not have kids she would get half of the property. Ms. Agrebi disagreed with Ms. Ben Achour and said there was a comprehensive law and strategy against violence and anyone who violated this law, man or woman, would be prosecuted.
SALOUA TERZI BEN ATTIA, of the National Union of Tunisian Women, said that religious laws were not mixed in with the other laws; of course there might be principles and values that were reflected in the law, but any discriminatory laws were weeded out. Of course one could see the glass as half full or half empty, and while there was still work to be done progress had been made.
Report of the Chairperson of the Pre-Session Working Group
VIOLETA NEUBAUER, Chairperson of the Pre-Session Working Group for the forty-seventh session, reporting on activities of the Working Group, said that it had prepared lists of issues and questions with respect to the reports of the Bahamas, Burkina Faso, the Czech Republic, Malta, Tunisia and Uganda. The pre-session working group had also drawn up lists of issues and questions on the implementation of the Convention in Chad, Comoros and Lesotho, which had been invited to submit their overdue reports as combined reports by the end of 2008 for the consideration by the Committee in late 2010. Failing receipt of these reports within the suggested timeframe, the Committee decided to proceed with the consideration of the implementation of the Convention in those States parties in the absence of their reports. She was pleased to note that Chad and Lesotho had since submitted their reports. The pre-session working group benefited from written and oral information submitted by United Nations entities and specialized agencies. It also received written information from non-governmental organizations. Lists of issues and questions drawn up by the Working Group were transmitted to the States Parties concerned, and focused on themes addressed by the Convention, including education and training; gender stereotypes, poverty and employment, violence against women, including domestic violence; trafficking in women and exploitation of prostitution; equality before the law; and marriage, family relations, and the economic consequences of divorce.
For use of information media; not an official record
CEDAW10/018E