Committee on Elimination of

Discrimination against Women

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

BHUTAN HARMONIZES SPECTRUM OF DOMESTIC LAWS WITH WOMEN’S ANTI-DISCRIMINATION

CONVENTION, CREATES FIRST EVER SCHEME FOR GENDER EQUALITY, EXPERT BODY HEARS

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

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

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

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

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

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

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

Background

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

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

Introduction of Report

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

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

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

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

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

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

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

Experts’ Comments and Questions

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

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

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

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

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

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

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

Country Response

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

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

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

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

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

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

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

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

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

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

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

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

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

Experts’ Comments and Questions

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

Country Response

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

Experts’ Comments and Questions 

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

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

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

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

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

Country Response

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

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

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

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

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

Experts’ Comments and Questions

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

Country Response

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

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

Experts’ Comments and Questions

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

Country Response

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

Closing Remarks

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

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

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