Committee on Elimination of

Discrimination against Women

903^rd & 904^th Meetings (AM & PM)

WOMEN’S ANTI-DISCRIMINATION COMMITTEE EXPERTS RECOGNIZE POLICY EFFORTS OF GUINEA-BISSAU,

EXPRESS CONCERN OVER SLOW PACE FOR ENDING DISCRIMINATORY LAWS, HARMFUL PRACTICES

Experts of the Committee on the Elimination of Discrimination against Women today recognized the legislative and policy efforts of Guinea-Bissau, a least developed sub-Saharan African nation, to erase gender discrimination and improve the lot of women, but expressed concern over the country’s slow pace in removing discriminatory laws from its books, and the traditional bias that held sway in many areas.

Presenting Guinea-Bissau’s first through sixth periodic report on compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Iracema do Rosario, President of the Institute of Women and Children, said that, since ratifying the treaty in 1985, the Government had created a series of national action plans to implement the women’s empowerment goals of the Beijing Platform for Action.  Last year, it ratified the Convention’s Optional Protocol ‑‑ which allows individuals to submit claims of women’s rights violations to the Committee and the Committee to initiate inquiries into situations of grave or systematic violations.  And during its next session, Guinea-Bissau’s National Assembly was expected to consider draft laws aimed at ending gender-based violence, female genital mutilation and trafficking in women and children.

Ms. do Rosario said it was critical, however, that efforts towards women’s equality be placed in the context of the nation’s many challenges, notably chronic institutional instability due to years of political upheaval, the lack of trained personnel in Government offices charged with women’s empowerment, scant financial resources to meet current needs and the absence of a national policy on gender.  Reconciling local governance, which was based on a traditional patriarchal society, with the provisions of the Convention was another major hurdle, as age-old customs maintained morality and law and order throughout the society.

Committee experts acknowledged those constraints, but expressed deep concern over female genital mutilation and early and forced marriages, which had contributed to the country’s high maternal mortality rate ‑‑ as well as systematic violence against women during the country’s conflict period.  One expert likened the “initiation rituals” before female genital mutilation, in which some girls died, to homicide, and expressed alarm that several Muslim deputies in the National Assembly were blocking the draft law to end that harmful practice.

Others pointed to poor health-care services for women, disparities in the Government’s statistics on education and the low school graduation rate among girls.  One expert wondered about the effectiveness of national institutional mechanisms to implement the Convention and whether the Government had a time frame to make the changes necessary to create lasting rule of law, as called for in Security Council resolution 1325 (2000) on women, peace and security.

The delegation acknowledged that, although the Penal Code made female genital mutilation a punishable corporal offence, many women did not file charges out of fear of being isolated by their communities.  But, the Government was trying to change that by retraining mutilation practitioners in other fields, educating people about the health risks associated with mutilation and prosecuting persons who carried out the “initiation rituals”.  Moreover, the National Islamic Council was part of the National Committee to Combat Harmful Practices, and it backed the draft law aimed at eradicating the practice.

The Government had also set up a support office and a national network to combat violence against women, and it had taken steps to end early and forced marriages.  The delegates expressed hope that, after a long period of instability, the Government could do more for women to ensure laws were respected and that women could live in a climate of peace, stability and development.  Although the victims’ centres were not yet up and running, some police stations had special sections to assist victims of violence, and rape and other forms of sexual abuse were criminalized and sanctioned.  Regarding women’s access to health care, they lamented that it was precarious, as few facilities, equipment and instruments were available or were often not sophisticated enough to detect certain illnesses or health problems.  Guinea-Bissau needed help from its development partners to bolster family planning programmes and raise awareness about sexually transmitted diseases.

The Committee will meet again at 4 p.m. on Friday, 7 August, to conclude its forty-fourth session.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the combined first through sixth periodic reports of Guinea-Bissau (document CEDAW/C/GNB/6).

Iracema do Rosario, President of the Institute of Women and Children, headed the delegation.  Also present from the Institute were: Mamdu Sanha, Cabinet Director; Mario Augusto Ramalho, Principal Counsellor, Office of the President; Sidi Cassama, Gender Coordinator of the Cabinet; and Emanuel Fernandes, Chief, Judicial Department; as well as Osiris Ferreira, judicial counsellor and Alfredo Lopes Cabral, Permanent Representative of Guinea-Bissau to the United Nations.

Presentation of Report

Ms. DO ROSARIO said the country’s population was fairly young and was comprised of more than 20 ethnic groups.  Sixty one per cent of the population lived in the rural areas, although there was a rural exodus primarily to Bissau, the capital.  There was a marked increase in urban poverty.  The fertility rate was 6.8 children per woman and that indicator was higher in rural areas.  The infant mortality rate was 138 per 1,000 births, and the under-5 child mortality rate was 233 per 1,000 births.  The maternal mortality rate was 405 deaths per 100,000 live births.  Early marriage and female genital mutilation were responsible for increases in maternal mortality.  According to multiple indicator cluster surveys, HIV/AIDS disproportionately affected women.  A total of 74.2 per cent of women had heard of HIV/AIDS, but just 32.1 per cent of them knew the three main methods of its transmission.  Only 17.3 per cent of women were familiar with HIV/AIDS screening centres, and just 6 per cent had been tested screening.

Less than 10 per cent of children age 3 to 5 attended preschool, she said.  Guinea-Bissau was one of the world’s least developed countries, due largely to political instability and insecurity.  From 2000 to 2004, real gross domestic product (GDP) grew just 1 per cent annually, making it difficult for the Government to achieve its objective to improve living standards and meet the needs of the population, which was growing 2 per cent annually.  Approximately 64 per cent of the population lived on less than $2 per day; 20 per cent lived on less than $1 per day.  The country had excellent natural conditions for developing agriculture, fishing and tourism, and it had natural resources like bauxite, phosphate and oil, giving hope that the spectre of war had been removed.

In order to achieve the goals set forth at the Beijing Conference, several non-governmental organizations had been created, among them the Association of Economically Active Women (AMAE), the Federation of Guinean Women (FEMUGUIB), the Women in Peacebuilding Network (WIPNET), the National Network to Combat Sexual Violence (RENLUV), and the Network of African Women Ministers and Parliamentarians of Guinea-Bissau, among others.  Guinea-Bissau ratified the women’s Convention on 6 July 1985.  With financial support from the United Nations Development Programme (UNDP), the Government created the Policy and Strategy for the Integration of Women into Development and the 1997-2002 Women and Development Framework Plan.  As a follow-up to the Beijing Platform for Action, the Government launched the 1998-2003 Women and Development Framework Plan, which guided the first national report on implementing the Beijing goals.  It resulted in concrete Government action to improve the socio-political situation of women and ensure their rights.

The country’s tardiness in reporting to the Committee was due to institutional instability, as well as the lack of human resources and trained personnel in institutions responsible for promoting and protecting women’s rights, she said.  Her Institute, the main Government body for setting women’s policy, was only created in 2000, and the constant turnover of its director and lack of resources had impeded its ability to carry out its mission.  The periodic report before the Committee was compiled with UNDP’s technical and financial support, along with the Ministry of Women, Family and Social Cohesion and her Institute.

Guinea-Bissau lacked sufficient mechanisms to incorporate the Convention into the national legal framework, she said.  A study had been conducted on the need for an in-depth review of the country’s laws to see if they were in line with international conventions, particularly the women’s Convention and the Convention on the Rights of the Child.  Guinea-Bissau did not have any temporary special measures, as defined by the Convention, but it had created mechanisms intended to expedite gender equality.  For example, in April 2006, the Council of Ministers set a quota mandating that 50 per cent of all scholarships at schools at home and abroad be given to women.  The General Labour Act and the Public Administration Workers Statute contained special legal protections for women during pregnancy, childbirth, miscarriage, abortions, as well as afforded them maternity leave.

The Constitution established equality between the sexes in all aspects of political, economic, social and cultural life, she said.  The Government had developed action plans to protect women’s rights and erase gender stereotypes and discrimination.  Women’s non-governmental organizations played an important role in that regard.  Still, certain cultural practices that were harmful to women, such as female genital mutilation, forced marriage and early marriage, were entrenched problems.  Domestic violence was also firmly entrenched in tradition, making it difficult for women to take a stand against physical or emotional abuse.  Decision-making power was concentrated in the hands of men; women were not listened to.  Moreover, customary law resisted all norms aimed at changing discriminatory behaviour, thwarting efforts to implement the Convention.

In a bid to change that, a draft act prohibiting and sanctioning people for performing or forcing women to undergo female genital mutilation had been submitted to the National Assembly, she said.  The Government had also set up the National Committee to Combat Harmful Practices, thus laying the cornerstone for compliance with the women’s Convention and the Convention on the Rights of the Child.  Non-governmental organizations had launched awareness campaigns to increase women’s participation in social, economic, political and cultural life, with a view towards greater freedom and gender-mainstreaming.  They had also successfully conducted awareness-raising campaigns to establish women’s dignity and help women reject prostitution as means to financially provide for their families.

Through the Institute for Women and Children, the Government had taken steps to train police officers, border guards and non-governmental organizations to help combat human trafficking, she said.  There were bills before the National Assembly on trafficking in children and gender-based violence slated for consideration during the next assembly session.  She noted important legislative, administrative and judicial advances to support and encourage women’s positive role in social, political and economic life.  Under the citizenship law, men and women were treated equally.

Experts’ Comments and Questions

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, welcoming the delegation and appreciating the explanation for the long delay in reporting, asked if the report had been adopted by the Government and whether Parliament had been involved in its preparation.  She also wondered if non-governmental organizations had been involved in any way.  She hoped that the next time Guinea-Bissau presented a periodic report, it would depend less on outside consultants and more on civil society organizations and relevant Government agencies.

She went on to ask for specific information about the ways the Government planned to disseminate information about the Convention, particularly owing to the country’s high illiteracy rates and lack of capacity.  Further, was Guinea-Bissau’s Constitution silent on the position of international treaties, including the women’s Convention? The Committee had received conflicting information as to the applicability of the Convention.  She also asked if the Government had set a time frame for removing discriminatory laws from its books.

CORNELIS FLINTERMAN, expert from the Netherlands, also had questions about the harmony of the country’s Constitution and international law, especially the Convention.  How did the Government encourage judicial authorities to apply the principles of international human rights treaties?  How could women who alleged violations seek remedy?  Was there an ombudsman or any other agency handling such claims?

Next, VICTORIA POPESCU, expert from Romania, said that, while she appreciated Guinea-Bissau’s difficult circumstances ‑‑ from colonial times through present difficulties ‑‑ it was nevertheless extremely important to take into consideration the promotion of the rights of women, so they could participate in rebuilding society at all levels.  She also asked how the Government was proceeding, in a systematic way, to eliminate discriminatory laws.  She also wanted to know if the Strategic Framework for Guinea-Bissau, being implemented in collaboration with the Peacebuilding Commission, included any provisions for bolstering women’s rights and the national agencies that had been set up to that end.

Delegation’s Response

In response, Ms. DO ROSARIO said, in preparation of the report, the Government indeed worked with technical agencies, as well as United Nations agencies, which had been the “main partner” to that end.  She acknowledged that her country’s high illiteracy rate might be an obstacle to disseminating information on the Convention and the Government was, therefore, taking pains to provide relevant information in local languages and dialects, especially in Creole, which was Guinea-Bissau’s “lingua franca”.  She also assured the Committee that women in Guinea-Bissau had the same rights as men.

Another member of the delegation said the Committee had highlighted important issues.  The report had been drafted after a national consultation process.  Guinea-Bissau was party to the core international treaties and stood by its obligations under them.  After Parliament ratified those treaties, the Government “had faith” that the principles would be included in the Constitution.  For example, he said that when the Constitution spoke of “citizens” equal rights, it referred to both women and men, without distinction.

Perhaps it was just a matter of language ‑‑ the Constitution had been elaborated in 1997 ‑‑ and the Government was aware that perhaps it was not up to date with more recent international iteration.  But, nevertheless, the Constitution did uphold equal rights for both men and women.  On such issues as inheritance and certain matters of equal participation, he noted that some civil laws in the country were holdovers from the colonial period.  The Government was aware of that and was struggling to bridge such gaps.

Experts’ Comments and Questions

Opening the second round of questions, VIOLETA NEUBAUER, expert from Slovenia, said she was concerned that there was not enough information in the oral presentation or the written report about the effectiveness of institutional mechanisms that existed at national levels.  There was a Women’s Ministry, and an Institute for Women and Children, but there was no clear information on the mandate of the agencies regarding the implementation of the Convention.  She also wondered if there was an interdepartmental coordinating structure that was ensuring the process of gender mainstreaming.  Was there a programmatic and policy framework for implementation of the Convention and its articles?

Country Response

Ms. DO ROSARIO said that the agency Women, Social Cohesion and Fight against Poverty had been created to defend and promote women’s rights.  At the same time, the Institute for Women and Children was overseen by the Women’s Ministry.  It had been created to promote gender equality and to assist in gender mainstreaming in areas such as greater access to decision-making.  She assured the Committee that there was Government oversight of those agencies and efforts, to ensure their work was harmonized and that it drew on the expertise of civil society.  The aim was to improve the socio-economic situation of women, contribute to democratization and promote a broader exchange of experience through training and application of the Convention.

Another member of the delegation added that the Government was extremely committed to improving the socio-economic conditions of women in the country.  To that end, policy was being drafted to coordinate ministry-wide activities, as well as follow-up actions.  The Government was also scaling up efforts to help train relevant agencies and, especially, civil society actors, so that activities aimed at protecting and promoting women’s rights could be carried out even in the most remote regions of the country.

Expert’s Comments and Questions

YOKO HAYASHI, expert from Japan, said that, while she welcomed the report, she was concerned at some disparities between the information and the statistics provided.  She hoped such discrepancies would be corrected in the future.  She also asked for more information about “temporary special measures” for women in the judiciary.  Had they been effective?  How did the special measures differ from other programmes under way?

Ms. NEUBAUER, expert from Slovenia, said she was still concerned that it appeared there was a misunderstanding that the country’s statement of equal opportunities and treatment would create conditions in which obligations under the Convention would be fulfilled.  When the Government had ratified the Convention, it had agreed to actively promote and protect the rights of women.  She also wanted to know about the role of women in implementing the Peacebuilding Commission’s Strategic Framework.  Were there any special temporary measures to that end?

Country Response

Responding, a member of the delegation said that, despite the political will to implement the tenets of the Convention, years of civil war and tumult had led to the destruction of some of the documents and data on women.  The Government was not trying to deceive anyone.  It was aware that some of the data might not be accurate, because of gaps.  It was working to provide more concrete information on issues, such as literacy rates. He went on to say that the Institute for Women and Children was working with the legislature to implement the proposed 40 per cent quota rate for women in all Government positions.  At the same time, the Government was aware that more work needed to be done to overcome internal obstacles.

Expert’s Comments and Questions

PRAMILA PATTEN, expert from Mauritius, said the oral report had been unclear about the legal status of the Convention.  Could articles of the Convention be invoked in Court?  Did judicial officials have training about the Convention?  Was there a legal aid system in place to provide relevant assistance, especially to women?  She also asked for more specific information about punishment for discriminating against women.

Mr. FLINTERMAN, expert from the Netherlands, asked the delegation to clarify about the status of country’s recent ratification of the Convention’s Optional Protocol.  The delegation had said it had ratified that instrument, but it had not been deposited with the United Nations.

Ms. POPESCU, expert from Romania, said that it was important to modernize legislation to remove policies that discriminated against women.  She also said one of the aims of the Strategic Peacebuilding Framework was the consolidation of the rule of law.  Where did that process stand, especially towards revising discriminating legislation?  Another aim of that framework was to promote implementation of Security Council resolution 1325 (2000) on women, peace and security.  Was such an exercise being carried out?

Ms. ŠIMONOVIĆ, expert from Croatia, asked if there was a time frame for the Constitutional revision process, especially since that exercise would provide Guinea-Bissau with an excellent opportunity to address the integration of the Convention into national law and fill other gaps regarding protection and promotion of women’s rights.

Country Response

Regarding ratification of the Optional Protocol, a delegate said that a letter had been given to Guinea-Bissau’s Permanent Representative to the United Nations that would be deposited with the Organization by the end of the day.   Regarding the court system, lower instance courts were set up throughout the country and were accessible for most of the population.  There were also regional courts in several zones that handled certain areas of judicial competence, as well as second instance courts.  A national association of lawyers worked to provide legal services to people in remote areas.  He acknowledged that low levels of education among women, and customs that frowned upon their pursuit of legal action, were indeed obstacles to justice for women.

To rectify that, the Government had installed focal points for women and it had set up support offices for victims of domestic violence that provided counselling and social and legal services.  Labour laws clearly prohibited discrimination against women.

Regarding the peacebuilding process, another delegate said the United Nations Peacebuilding Commission had a country-specific configuration on Guinea-Bissau.  In October 2008, it adopted a strategic framework that included a large component dedicated to gender issues and women’s advancement.  Concerning implementation of Council resolution 1325 (2000), the country report noted workshops and several other steps to disseminate and generate awareness among women in the country on the resolution and the assurances it provided for women.

Expert’s Questions and Comments

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, said she was concerned that Guinea-Bissau had not yet ratified a host of international human rights treaties, including, among others, the Convention on the Elimination of Racial Discrimination and the International Covenant on Civil and Political Rights, which was the basis of all fundamental rights.  She was also concerned about the existence of harmful traditional practices, such as early and forced marriage, as well as certain food taboos.  “We must work together as Africans to address these issues that impact […] women’s health, dignity and basic human rights,” she said.

Echoing that sentiment, DORCAS COKER-APPIAH, expert from Ghana, said she was aware that some traditional rules or customs were based on patriarchy, making them difficult to address or speak about openly in some societies.  She was happy to note that Guinea-Bissau’s report acknowledged that, in order to ensure women’s rights, such practices must be addressed.  She asked what specific laws were in place to address all manifestations of violence against women?  Had the S.O.S. Support Centre for women victims of violence been set up?  If not, what were the obstacles?

Expressing similar concerns FERDOUS ARA BEGUM, expert from Bangladesh, said the delegation had acknowledged the existence of domestic violence, early and forced marriages, and female genital mutilation, among other harmful practices.  It had not, however, given enough information about shelters and services to assist victims of such acts.  Could the delegation be clearer on that point?

On stereotypes and patriarchal attitudes, Ms. POPESCU, expert from Romania, asked about the role of the media in addressing such issues.  Was there any concerted, Government-led effort to involve media outlets in initiatives to eradicate such stereotypes and promote the portrayal of women in roles other than childbearing?  Was there a definition of domestic violence?  Was rape criminalized under the Penal Code?  Was marital rape identified under that Code?  Were there any legal provisions to deal with the systematic rape and abuse of women that had occurred during the country’s conflict period?

Country Response

Ms. DO ROSARIO said that persons with disabilities were protected by law in Guinea-Bissau.  Such persons were also provided with aid, such as clothes and school materials.  The Government was aware that more needed to be done to ensure that such persons were better integrated into daily life, but it also needed assistance from its partners to scale up relevant initiatives.  She went on to say that steps were being taken to address violence against women and children, human trafficking and other “nefarious practices”.  Such draft laws were currently awaiting approval.  No action had been taken, largely because elections had just taken place.  The Government was determined to work with civil society to get those laws passed.

She said the Government was also taking action on matters such as early and forced marriages.  She had great hope that, after a long period of instability, the Government could do more for women to ensure laws were respected and that women could live in a climate of peace, stability and development.  She said that although the victims’ centres were not yet up and running, some police stations had special sections to assist such victims of violence.  The Government was also coordinating with civil society groups working in that area, especially in rural communities, to provide assistance to women.

Country Response

A delegate said rape and other forms of sexual abuse were criminalized and sanctioned.  But, due to men’s supremacy in society, many women did not file charges out of fear of being isolated by their communities, and many stayed in abusive relationships and marriages.  Under article 115 of the Penal Code, female genital mutilation was a punishable corporal offence.  But, many women did not file complaints about it, as age-old habits and taboos deeply rooted in the consciousness of individuals stood in the way of compliance with new precepts.   Concerning protection services for victims of violence, there was a support office and a national network to combat violence against women that had launched awareness campaigns on women’s rights.

Experts’ Comments and Questions

Ms. BEGUM, expert from Bangladesh, asked if there was a programme to help female genital mutilation practitioners make a career change.

ZOHRA RASEKH, expert from Afghanistan, said the country report had very little information on steps to end trafficking in persons.  Was trafficking covered under the domestic violence bill or was there a separate law for it?  The trafficking bill only mentioned trafficking in children.  Did it cover trafficking in women?  Where there shelters to support victims?

SAISUREE CHUTIKUL, expert from Thailand, said it was unusual for a State party to address domestic violence and trafficking in children under one law.  What was the country’s definition of trafficking?  Was it the same as that of the Palermo Convention?  What were the activities of the Commission set up with the support of the United Nations Children’s Fund (UNICEF) to help trafficked children?  What were the results of poverty-eradication studies and programmes to end exploitative prostitution?  She requested that the next periodic report include more statistics on trafficking and exploitative prostitution.

Country Response

A delegate said that, recently, a ministerial directive created a national commission for preventing trafficking in human beings, particularly children.  It was comprised of Government officials and non-governmental organization representatives, including the Islamic Council.  Each of the nation’s different ethnic groups had its own culture that must be taken into account when creating anti-trafficking strategies.  The Government had trained border agents and non-governmental organizations to recognize and address trafficking, resulting in several would-be trafficked children being detained at the country’s international borders.

Continuing, he said Guinea-Bissau’s Penal Code addressed trafficking in humans and used the Palermo definition of trafficking.  The National Assembly would debate the trafficking bill inOctober.  Guinea-Bissau had signed bilateral agreements with Senegal and with other bordering States to end trafficking in children.  In order to leave the country, children required the written consent of both parents.  Most trafficking victims were children, not women.  There were temporary transit centres that provided counselling for trafficked children prior to their reintegration into society.

Regarding prostitution, another delegate said it had been a serious problem, particularly since the July 1997 war.  Several non-governmental organizations were working to end it by educating girl prostitutes about other ways to earn a living.  The Government had ongoing campaigns with those non-governmental organizations to reach out to sex workers.  Pimps were sanctioned.  But, women would often not file complaints with the authorities, due to cultural taboos.  Non-governmental organizations were working to encourage women to bring charges for all forms of violence and abuse against them, including sexual abuse.  The Government was trying, in the post-conflict period, to implement the Convention’s provisions, and it was trying to upgrade and organize its database to provide data on gender issues.  Also, the trafficking bill was separate from the bill on gender-based violence.

Experts’ Comments and Questions

Ms. HAYASHI, expert from Japan, asked the delegation to explain what was meant by the “package of bills” before the National Assembly.  Did that include one bill on domestic violence, female genital mutilation and sexual harassment?  Or were there separate draft bills for each issue?

Ms. BEGUM, expert from Bangladesh, asked if there were programmes to address the increasing demand for prostitution.

Ms. POPESCU, expert from Romania, asked about provisions for rape or marital rape in the gender-violence bill.

Ms. RASEKH, expert from Afghanistan, said the country report said several Muslim deputies in the National Assembly were blocking the draft act that prohibited female genital mutilation.  What steps were being taken to show that female genital mutilation was not a religious obligation?  Were there any groups working towards that end?

Country Response

Ms. DO ROSARIO said there were bills in the National Assembly that referred to domestic violence, female genital mutilation, reproductive health and trafficking in women and children.  Many measures had been taken to retrain female genital mutilation practitioners in other careers and to teach them that the practice was harmful to the health of women and their children.  The Government was working to ensure that the National Islamic Council and the National Islamic Youth Group were included in the National Committee to Combat Harmful Practices.

Another delegate said the gender violence bill had no legal definition for marital rape and violence, but he took note of the Committee’s comments in that regard.

Experts’ Comments and Questions

SOLEDAD MURILLO DE LA VEGA, expert from Spain, asked about measures to help victims of female genital mutilation, particularly girls and women subjected to the practice that were not able to attend school.

NICOLE AMELINE, expert from France, asked about the basis for quotas.  Was there a draft law to ensure quotas for women in political office?  Did the Government have a time frame to ensure creation of a lasting rule of law, as called for in Council resolution 1325 (2000)?

Next, MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said that, while the Committee needed to examine progress achieved in implementing the Convention, it also needed to explore whether the country had the means to ensure the tenets of the treaty were integrated into law.  While appreciating the difficulties Guinea-Bissau had faced, she stressed that much more needed to be done to boost the level of women’s participation in decision-making fields, Government positions, and especially diplomatic posts.  Increasing the number of women diplomats would show the world that Guinea-Bissau was making progress and was proud to have women “flying the flag of the country”.

Country Response

In response, Ms. DO ROSARIO, told the Committee that Guinea-Bissau was undergoing a difficult period.  The Government had struggled to meet the expenses of the delegation that had travelled to New York.  The Government was aware that the presence of women needed to be enhanced.  The new Government had stressed that it would hold local elections in the coming year.  That would be crucial for improving the political visibility of women, especially in rural areas, where women made up the majority.

She said that important steps had been taken, especially to improve women’s voices in the judiciary, but added that much remained to be done.  To meet its goals in that regard, Guinea-Bissau needed peace and stability, and that would require help from its development partners.  She said that this was the first time Guinea-Bissau had reported to the Committee.  At its next visit, it would show definite improvement in all areas noted by the experts because “we women are willing to fight to make CEDAW a reality in our country”.

Expert’s Comments and Questions

Mr. FLINTERMAN, expert from the Netherlands, was concerned about nationality laws in the country.  Were children born of only one parent of Guinea-Bissau origin, or born outside the country considered nationals of Guinea-Bissau?  Did Guinea-Bissau allow dual nationality in cases of marriage?

Country Response

A member of the delegation guaranteed that all immigrants born in Guinea-Bissau could be registered of nationals of the country.  The country was working to see that all its relevant legislation was harmonized with international law.

Expert’s Comments and Questions

Ms. HAYASHI, expert from Japan, said the statistics included in the report on women’s literacy rates was confusing.  Could the delegation provide exact figures?  Had those rates improved or remained constant?  She also noted that the data on girls’ enrolment in school appeared to show a decline.

BARBARA EVELYN BAILEY, expert from Jamaica, agreed that the statistics on girls in school appeared to change from one paragraph to the next.  Even despite those figures, she was concerned about the low rates at which girls completed school.  Could the Government give any information?  She was aware that there was a national education plan that had been discussed for the past few years.  Had that plan been approved?  If not, why not?  Were any efforts under way to boost the number of women teachers?  The report was silent on discipline in schools, she said, asking for more information on that point as well.

Country Response

Ms. DO ROSARIO said that any country that wanted sustainable development had to invest heavily in education.  The Government, therefore, planned to back a national education plan, as well as scale up programmes to improve school feeding programmes.  The Government was working very hard to disseminate information to young women, as well as young men, about attending school.  “Only when there is parity in education of young women and young men can we change the situation in Guinea-Bissau,” she said, adding that, along with school feeding programmes, the Government was also promoting awareness-raising programmes that targeted parents and other caregivers to emphasize the importance of school.  “But we realize we have a long way to go, especially with the situations of extreme poverty that we have,” she said, stressing that more resources were necessary to create “new citizens”.

Experts’ Comments and Questions

Ms. PATTEN, expert from Mauritius, said the delegation should remember that the Convention was not only about ensuring formal equality, but substantial equality.  As such, she was very concerned about reports that women were discriminated against in the labour market and were plagued by a lack of access to gainful employment.  What mechanisms or bodies were in place to implement laws that addressed labour discrimination?  Were policies in place to ensure women had access to credit and new technologies?  What efforts were being undertaken to ensure women were promoted on the job?  Was the Government monitoring the situation of women in the private sector?

Next, NIKLAS BRUUN, expert from Finland, said he was concerned by high dropout rates among girls and asked what the Government was doing about it.  What was the Government doing to support women in the informal sector?

Country Response

In response, Ms. DO ROSARIO said employment was monitored by the Labour Inspection Commission.  A National Commission for Women Workers was elaborating a bill on sexual harassment, as well as a bill on maternity leave.  She said that the national development plan had specific targets to reduce poverty.  The Government had been taking slow, but sure, steps to improve the situation of women in employment and education.

Another member of the delegation said the National Commission of Women Workers was playing a vital role in raising the awareness of women about labour laws and employment options.  Despite the country’s female majority, women did not participate more than men in public and political life.  That situation was improving, thanks to the work of the National Commission.  He added that the Commission’s legal department was working to ensure implementation of the Convention and the rules outlined by the International Labour Organization (ILO).

Experts’ Comments and Questions

SILVIA PIMENTEL, expert from Brazil, said that she was very concerned about access to health services in Guinea-Bissau.  The report had stressed that the majority of people in rural areas lived, on average, some 40 kilometres from the nearest health facility.  What sorts of mitigation plans were being taken?  What sorts of assistance programmes were in place to address vital health and aftercare concerns, including female genital mutilation?  What was being done to assist women who had been raped?  Were they provided with medical or psychological treatment?  Were programmes in place to help them find employment, or were they just cast aside and ignored by society?

Ms. RASEKH, expert from Afghanistan, was also concerned about female genital mutilation.  She said the report noted certain “initiation rituals” took place, during which some girls died.  That sounded like homicide to her.  Could the delegation provide more information?  Were those that carried out such initiations prosecuted in any way?  What was the status of the draft law on stopping such procedures?  Why was it being held up, even after the Government had identified female genital mutilation as a threat to women’s health?  What mechanisms were in place to assist women that had suffered such practices?

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, said the report included a lot of information, but it was rather confusing.  Nevertheless, she was concerned about the high maternal mortality rates in Guinea-Bissau, which were some of the highest in West Africa.  What was the Government doing to address that issue?  Were there steps being taken to improve the training of medical professionals and health-care workers?  What steps were being taken to scale up sex and health education programmes?

Country Response

Ms. DO ROSARIO acknowledged that access to health care in Guinea-Bissau was “precarious”.  Not only were there few facilities, the equipment and instruments available were often not sophisticated enough to detect certain illnesses or health problems.  Despite the National Plan on Health Development, the country still faced a dearth of qualified medical personnel.  As for the “initiation rituals”, she said that when the authorities were notified, persons carrying out such rites were prosecuted under the law.  At the same time, the girls received ongoing medical treatment.  She added that non-governmental organizations were helping, in that regard.

She said politicians were aware of the impact of such harmful practices.  She was convinced that the bill eradicating female genital mutilation would be passed, especially because it had the backing of the Islamic Council.  At the sane time, she acknowledged that reaching women in rural areas was difficult. Some of the relevant ministries and agencies only had one vehicle and most had very little money.  On broader health issues, she highlighted an awareness-raising campaign promoting condom use among men and women.  Still, Guinea-Bissau needed help from its development partners to bolster its family planning programmes and to raise awareness about sexually transmitted diseases.

Experts’ Comments and Questions

Ms. MURILLO DE LA VEGA, expert from Spain, asked if women could apply for credit or loans on their own or if they needed approval from their husbands.  Moreover, once they had received a loan, were there any programmes in place to help them manage it?  What role, if any, did traditional customs play in the loan approval process?

Country Response

Ms. DO ROSARIO said husbands did not have to approve loans in Guinea-Bissau.  The Bank of National Solidarity would shortly begin assisting the Government in ensuring greater access to credit by women.  She added that the Government certainly believed that women who received loans should have access to financial management assistance.  Another member of the delegation acknowledged that some traditions did conflict with laws of the State, in that area.  Moreover, in many rural areas, men, as well as women, had little knowledge about laws on the books regarding microcredit and other loans.  The Government was aware of that and was working to address it.

Expert’s Comments and Questions

ZOU XIAOQIAO, expert from China, said the report did not provide a clear picture on the situation of rural women, particularly the agricultural sector where most women were employed.  She hoped the next periodic survey would include detailed information in that regard.  She asked for specific details about rural women, including in the areas of general employment, and in the agricultural sector.  What was being done to inform such women about land and property laws?

Ms. BEGUM, expert from Bangladesh, asked about the situation of older and disabled women in rural areas.  How did the Government provide for their needs?  What about refugees and internally displaced women?  Was assistance for them included in national strategies to protect and promote the rights of rural women?

Ms. AMELINE, expert from France, said the international community was concerned that drug trafficking was on the rise in Guinea-Bissau.  She wondered if persistent poverty in the country could make the easy profits that could be derived from the illegal drug trade attractive, especially to the youth.  What was the Government doing to address that emerging threat?

Country Response

Ms. DO ROSARIO said there was a national agricultural development plan in effect.  The Government was also taking concrete measures to eradicate poverty.  But, stability was required, in order for such initiatives to hold and bear fruit.  “With stability, we will grow,” she said.  Further, training for women in rural areas was absolutely necessary.  Some did not even know how to write their names and were in desperate need of assistance.  She added that, because of polygamy, it was necessary to intensify family planning programmes, especially in rural areas.  Another member of the delegation acknowledged that low literacy and education levels among women hampered them from taking full advantage of their rights, especially in the area of land ownership.

Expert’s Comments and Questions

On equal opportunity under the law, VIOLET TSISIGA AWORI, expert from Kenya, said Guinea-Bissau’s report stated that the country’s Constitution had repealed all discriminatory laws in the Civil Code.  As that was the case, she asked the delegation to clarify certain laws on the books, including a provision that required wives to get approval from their husbands before “participating in trade”.  She was concerned that the Government had clearly removed such provisions from the books.

RUTH HALPERIN-KADDARI, expert from Israel said that she, too, was confused about the Civil Code.  To her, while the Government had stressed its commitment to striking down all discriminatory laws, the legislation that was described in the report appeared to be clearly discriminatory.  For example, she said, one law seemed to require a widowed woman to marry a relative of her last husband, lest she be disinherited.  Was that really the case?  What about the marriage laws?  Was early marriage allowed?  What types of unions were recognized?

Country Response

In response, a member of the Guinea-Bissau delegation said civil marriages were the only marriages recognized by law.  At the same time, “de facto unions” could be recognized if a couple lived together for three years or more and had children.  He said the Civil Code, which dated back to the 1960s, had been adjusted to modern times.  So, while some discriminatory laws remained in the Code, they were not enforced, because they contradicted the Constitution, which was the supreme law of the land.  At the same time, he acknowledged that widows who did not accept a husband did lose certain benefits.  The Government understood that it must address such issues.

Another member of the delegation said he understood that the Committee was trying to say, “in a very kind way”, that Guinea-Bissau needed a new Civil Code.  The delegation agreed.  At the same time, he wanted to stress that such laws, which dated back to the 1960s, had no effect.  No laws that contravened the modern Constitution were enforced.

In closing remarks, Ms. DO ROSARIO said she believed that going forward the country would be much stronger in protecting and promoting the rights of women.  She assured the Committee that the Government of Guinea-Bissau would work hard to ensure the concerns raised, including regarding poverty, the situation of rural women, and harmful traditional practices, such as female genital mutilation, were addressed.  At the same time, she pleaded with the Committee to continue to help the Government carry out its obligations under the Convention.

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For information media • not an official record