The U.N.
Committee on the Elimination of All Forms of Discrimination Against Women
(CEDAW) concluded its 58th regular session on July
18th. The Committee will soon
meet for its 59th session so I wanted to get this summary of its 58th
session out before the next session was upon us. This is a summary of key
developments of the 58th session (June 30 – July 18, 2014).
Background
CEDAW
monitors compliance under the International Convention on the Elimination of
All Forms of Discrimination Against Women. Historically it has met two times a
year, but recently that has increased to three times per year in order to catch
up on the Committee’s backlog. The Committee has 23 members, half of whom
are elected/re-elected every even numbered year. The three session per
year format will probably continue and may become permanent. The last election was held this year on June 26th,
at which 12 were elected or re-elected.
The
Convention has been in effect since 1981 (33 years). It has now been ratified
by 188 countries, which makes it the 2nd most ratified in the human
rights treaty system. The individual
complaint mechanism that is available under the Optional Protocol to the
Convention has been ratified by 104 countries. The most recent ratification was
the State of Palestine which ratified effective April 2, 2014. The Governments
of Iraq (on February 18) and Tunisia (April 17) have also notified the UN
treaty authorities that they are withdrawing certain of their prior
reservations to the Convention.
Context
The
Committee met shortly after the General Assembly had concluded its treaty body
strengthening activity, culminating in a resolution in April, aiming to
increase resources and streamline processes in the treaty body system. The
announced objectives of the new initiatives were also to reduce backlogs, and
improve state reporting and responsiveness to treaty obligations and treaty body
requests. These developments were discussed in private session by the
Committee at this session and will no doubt have an impact on its
proceedings in the future.
Other
political events happening during or shortly before this session included the
kidnapping of over 200 girls by Boko Horam in Nigeria; violence and civil
conflict in the Ukraine, Syria, Gaza, the Central African Republic and India, a
series of horrific rapes in India, the apostasy case of a Christian woman in
Sudan threatened with the death penalty, and the Girl Summit 2014, inspired in
part by the experience of Malala Yousafzai and her fight for the right to
education of all girls. The Girl Summit was held in London in July, at the same
time that this 58th session of CEDAW was meeting in Geneva.
It is
notable that three of the countries that were reviewed at this session of CEDAW
are among these countries currently in the news, the Central African Republic,
India and Syria. In addition, a 4th
conflict zone, Gaza, was the subject of a special statement of concern and
criticism that was adopted by the Committee and released during the session.
Another
notable event leading up to this session was the publication in March 2014 of a
new book by former U.S. President Jimmy Carter, “A Call to Action: Women,
Religion, Violence and Power”, in which he calls discrimination and violence
against women and girls the most serious, pervasive, and ignored violation of
basic human rights in the world today.
Key
developments
The
Committee reviewed eight country reports during this session, decided two
individual cases, issued a special statement concerning the conflict in Gaza
and its impact on women and children civilians, held a special half-day
discussion on the right to education, and continued work on several draft
comments and statements.
The
Committee also adopted on a trial basis, a simplified reporting procedure
similar to the procedure which is now being offered by several of the other
human rights treaty committees. Under this procedure States have the option to
select this new procedure instead of the traditional reporting procedure, and
if they do, the Committee will issue a list of issues before the report is
prepared that will then form the basis of the state party’s report. Instead of doing an item by item analysis to
the treaty’s articles, this procedure will permit the state party to instead
structure their report as a response to the questions and issues posed by the
Committee instead.
State
reports
Many of the
reports submitted by governments to the treaty body system are either late,
over the page limit, or fail to respond to the prior concluding observations
(COs) of the Committee. The current page limits are 40 pages for periodic
reports, 60 pages for initial reports, and 80 pages for common core reports.
Here is my analysis of the eight country reports reviewed at this
session:
Country
|
On time?
|
Within page limits?
|
Response to last COs?
|
Central African Republic
|
No, 20 years late
|
No, 22 pages over
|
Not applicable. This is an initial report.
|
Georgia
|
No, 7 mos. late
|
No, 16 pages over
|
Yes
|
India
|
No, 2 years late
|
Yes
|
No
|
Lithuania
|
No, 4 months late
|
No, 52 pages over
|
Yes, apparently, although it is difficult to
track them to see if they are complete
|
Mauritania
|
No, 2 years late
|
No, 7 pages over
|
Yes
|
Peru
|
No, 1 year late
|
Yes
|
No
|
Swaziland
|
No, 7 years late
|
No, 24 pages over
|
Not applicable. This is an initial report.
|
Syria
|
No, 3 months late
|
No, 52 pages over
|
yes
|
Each report
was reviewed by the Committee and discussed with the government delegation.
The
Committee issued Concluding Observations on each report, from 10 to 15 pages in
length, containing positive aspects and areas of concern. Counting sub-items,
there were between 49 and 82 recommendations for each report. In each case
several items were identified for follow-up by the government in either one or
two years, depending on the country. The next full report for each country is due
in 4 years, July 2018.
Here is a
brief analysis of each concluding report:
Central African Republic
- 13
pages, 78 recommendations
- next
full report is due July 2018
- follow
up within one year on
- developing
a national strategy to end impunity from sexual violence (paragraph 16(b))
- ensuring
that women participate in all stages of the coming peace process in the
country, including at decision-making levels (paragraph 20(a)
- link to full report of the Committee
Georgia
- ·
11
pages, 49 recommendations
- next report is due July 2018
- · follow
up in 24 months on:
- taking
measures to better prevent murders of women by their husbands and partners,
encourage more effective investigations, assistance to victims, prohibit and
sanction the practice of virginity testing (paragraph 21)
- ensuring
full and equal participation of women in political and public life, especially
at senior and decision-making levels (paragraph 25)
- ·
link to full report of the Committee
India
- ·
10
pages, 77 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 24 months on:
- implementation
of the recommendations of the Justice Verma Commission to help reduce the
incidents of violence against women, including on dowry-related deaths and
honour crimes (paragraphs 11a,e,f,g,h)
- review
of the legal protocols on the treatment of women in border areas and conflict
zones, especially the manner in which “special powers” are enforced in such
areas, including Kashmir, the North East, Chhattisgarh, Odisha and Andhrah
Pradesh) (paragraphs 13a,d,f,g,h)
- ·
link to full report of the Committee
Lithuania
- ·
12
pages, 64 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 24 months on:
- strengthening
the mandate and funding of the Commission for Equal Opportunities, ensuring
that every ministry allocates special budgetary funds to implementing gender
equality, and ensuring effective monitoring of time bound targets and
indicators (paragraphs 15a,b,c,e)
- adopting
a comprehensive strategy to prevent domestic violence and assist victims,
collect, analyze and publish data on reported cases of violence against women
and girls, and provide crisis centers (paragraphs 23b,c,d)
- ·
link to full report of the Committee
Mauritania
- ·
13
pages, 68 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 24 months on:
- expediting
adoption of measures to curb the widespread practice of female genital
mutilation in the country, including adopting criminal legislation, sensitizing
health practitioners to te special needs of FGM victims, amending current
legislation where needed to permit prosecutions and raising awareness
(paragraph 25)
- addressing
the problem of slave-like conditions that some women of Haratin and
Afro-Mauritanian ethnicity are currently living under, including better
monitoring, data collection, income programs, adoption of a National Action
Plan, and monitoring the situation of refugee women (paragraph 45)
- ·
link to full report of the Committee
Peru
- ·
12
pages, 58 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 24 months on:
- adopting
temporary special measures to address the low participation rate of women in
public life (paragraph 18)
- addressing
the problem of unsafe abortions which is currently a leading cause of maternal
morbidity and mortality in the country, including removing several of the
legislative and programmatic barriers to obtaining therapeutic abortions in the
current situation (paragraphs 36a, b, c, & g)
- ·
link to full report of the Committee
Swaziland
- ·
11
pages, 56 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 24 months on:
- adopting
legislation that expressly states that discrimination based on sex or marital
status is unlawful, and to urgently adopt other pending legislation which has
been languishing in the legislative process, including the Marriage bill, the
Administration of Estates bill, the Transnational Crimes bill, the Employment
bill, the Legal Aid bill, and the Sexual Offences and Domestic Violence bill
(paragraph 9)
- reinstating
the Sexual Offences and Domestic Violence bill which had successfully passed by
Parliament but then lapsed because it did not receive Royal assent; in addition
several measures are urgently encouraged, to address the high prevalence of
violence against women and girls in the country (paragraph 21)
- ·
link to full report of the Committee
Syria
- ·
15
pages, 82 recommendations
- ·
next
full report is due July 2018
- ·
follow
up in 12 months on:
- taking
measures to include prominent Syrian women in the peace building and
reconstruction processes, and to include women generally in peace negotiations
and related activities (paragraph 14a)
- reviewing
its current reservations to the Convention and consider withdrawing those
reservations (paragraph 16)
- taking
more concerted actions to investigate, prosecute and punish all cases of
violence against women in the country, including issuing command orders
immediately to all government forces prohibiting sexual violene and holding
perpetrators accountable (paragraphs 27 c and d)
- protecting
women activists from arbitrary detention, physical abuse and sexual violence by
government forces and affiliated militias (paragraph 30 c)
- ·
link to full report of the Committee
Individual
complaints
Two
individual decisions were decided by the Committee during this 58th
session. One case involving Spain found that the government had committed human
rights violations. The other case, involving the Philippines, concluded that
the complaint did not sufficiently substantiate a claim and was therefore
inadmissible.
Here is a
brief summary of each case. I will post a more detailed analysis of each decision in at a later time.
SPAIN
Gonzalez
Carreno v. Spain,
CEDAW/C/58/D/47/2012 (July 18, 2014), decided 17 February 2014. Represented by counsel (Women’s Link
Worldwide). Gender stereotypes; appropriate measures to eliminate
discrimination in all matters relating to marriage and family relations.
VIOLATION. Articles 2(a)-(f); 5(a), and 16(1)(d), read in conjunction with
article 1.
PHILIPPINES
M.S.
v. The Philippines,
CEDAW/C/58/D/30/2011 (July 16, 2014), decided 16 July 2014. Represented by counsel (H. Harry L. Roque
Jr.). Employment/right to protection of
health and to safety in working conditions.
INADMISSIBLE. Dissenting opinion
of Ms. Schulz (4 pages). [2 members abstained]
Elections
The latest
election was held June 26, 2014, NY, when 12 of the Committee members were up
for re-election or replacement. Seven members were re-elected and five new
members were elected, as follows:
New members:
- Ms. Gladys ACOSTA VARGAS (Peru)
- Ms. Magalys AROCHA DOMINGUEZ (Cuba)
- Ms. Lilian HOFMEISTER (Austria)
- Ms. Kheira MAHDJOUB-OUIGUINI (Algeria)
- Ms. Lia NADARAIA (Georgia)
Re-elected
members:
- Ms. Feride ACAR (Turkey)
- Ms. Naela GABR (Egypt)
- Ms. Ruth HALPERIN-KADDARI (Israel)
- Ms. Yoko HAYASHI (Japan)
- Ms. Ismat JAHAN (Bangladesh)
- Ms. Pramila PATTEN (Mauritius)
- Ms. Patricia SCHULZ (Switzerland)
Gender/geographic
balance
The topic of
geographic balance is addressed annually in a GA report on treaty body
composition. In its 2013 report the GA report indicated that the CEDAW
was underrepresented geographically by the African Group and overrepresented by
WEOG.
From table 3
of A/68/323 -- CEDAW – these statistics are through the prior election held in 2012:
Region
|
Membership
|
Ratifications
|
Notes
|
Africa
|
5 (21.7%)
|
51 (27.3%)
|
underrepresented
|
Asia
|
6 (26.1%)
|
51 (27.3%)
|
|
Eastern
Europe
|
3 (13.0%)
|
23 (12.3%)
|
|
GRULAC
|
3 (13.0%)
|
33 (17.6%)
|
|
WEOG
|
6 (26.1%)
|
28 (15.0%)
|
overrepresented
|
TOTAL
|
123
|
188
|
|
On gender
balance CEDAW has been consistently overbalanced with more women than men.
Currently only 1 member is male. This is not considered a healthy balance
between male and female members. All of the other committees have a better
balance between men and women.
Committee
|
No. of women members
|
CCPR
|
5 of 18 (28%)
|
CESC
|
4 of 18 (22%)
|
CERD
|
4 of 18 (22%)
|
CEDAW
|
22 of 23 (96%)
|
CAT
|
3 of 10 (30%)
|
SPT
|
10 of 25 (40%)
|
CRC
|
11 of 18 (61%)
|
CRPD
|
7 of 18 (39%)
|
CMW
|
3 of 14 (21%)
|
CED
|
1 of 10 (10%)
|
TOTAL
|
66 of 172 (38%)*
|
*only 30% if you remove CEDAW
Next
session
The
Committee's 59th session will be October 20 to November 7, 2014. Eight countries/10 reports (3 from China) are
scheduled for that session:
- Belgium
- Brunei Darussalam
- China
- China Hong Kong
- China Macau
- Ghana
- Guinea
- Poland
- Solomon Islands*
- Venezuela
* It is
noted that the consideration of Solomon Islands in the absence of a report had
originally been scheduled for the 54th session. However, Solomon
Islands submitted its combined initial to third periodic reports on 30 January
2013, and the consideration was subsequently postponed to the 59th session to
allow for the translation of the report as well as the establishment of an updated
list of issues at the pre-sessional working group.