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Civil Society Organizations Brief the Committee on the Elimination of Discrimination against Women on the Situation of Women in Lao People’s Democratic Republic, Saudi Arabia and New Zealand
07 October 2024
The Committee on the Elimination of Discrimination against Women was this afternoon briefed by representatives of civil society organizations on the situation of women’s rights in Lao People’s Democratic Republic, Saudi Arabia and New Zealand, whose reports the Committee will review this week.
In relation to Lao People’s Democratic Republic, speakers raised concerns regarding gender-based violence, human trafficking, and the experiences of Hmong women and girls.
Non-governmental organizations speaking on Saudi Arabia raised topics on the imprisonment of women human rights defenders, women on death row, and the treatment of female domestic workers.
On New Zealand, speakers addressed the situation of Māori women and girls, the treatment of transgender and intersex persons, and the gender pay gap.
The following non-governmental organizations spoke on Lao People’s Democratic Republic: Association for Development of Women and Legal Education; Gender Development Association; the Alliance for Democracy in Laos; Unrepresented Nations and Peoples Organization in affiliation with its member the Congress of World Hmong People; and Hawai'i Centre for Human Rights Research and Action and on behalf of the Advocates for Human Rights, the World Coalition against the Death Penalty, and Harm Reduction International.
The following non-governmental organizations spoke on Saudi Arabia: Amnesty International; MENA Rights Group and ALQST; the Advocates for Human Rights, the World Coalition against the Death Penalty, and the European Saudi Organization for Human Rights; Migrants Rights and Global Detention Project; and Sema Nami, Global Alliance against Traffic in Women, Solidarity Centre, IZWI Domestic Worker Alliance, and Africa End Sexual Harassment Initiative.
The New Zealand Human Rights Commission spoke on New Zealand, as did the following non-governmental organizations: Te Whare Tiaki Wahine Refuge, Homeless Women’s Coalition and Maori Women’s Welfare League; Pacific Allied Council (of women) Inspires Faith Ideals Concerning All; Shakti; Pacific Women’s Watch; and the National Council of Women.
The Committee on the Elimination of Discrimination against Women’s eighty-ninth session is being held from 7 October to 25 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Tuesday, 8 October to consider the tenth periodic report of Lao People’s Democratic Republic (CEDAW/C/LAO/10).
Opening Remarks by the Committee Chair
ANA PELÁEZ NARVÁEZ, Committee Chairperson, said this was the first opportunity during the session for non-governmental organizations to provide information on States parties that were having their reports reviewed during the first week, namely Lao People’s Democratic Republic, Saudi Arabia and New Zealand. A second meeting would be held on Monday, 14 October, where civil society would provide information on the countries under consideration in the second week of the session.
Statements by Non-Governmental Organizations from Lao People’s Democratic Republic, Saudi Arabia and New Zealand
Lao People’s Democratic Republic
On Lao People’s Democratic Republic, speakers, among other things, said the percentage of women and girls who experienced gender-based violence was high. Authorities had misconceptions about what violence against women looked like. It was recommended that the Government develop an appropriate platform to raise awareness and expand shelter services, to ensure women and girls had access to protection and legal mechanisms. There were also limitations for women’s access to the justice system, especially in the context of violence against women. Customary law was often applied to violence against women cases, without women representatives. It was recommended that the Government enhance the capacity of law enforcement and mediation units, and review relevant laws for ensuring the full protection of women and girls.
There was a great difference in the rates of young births between the rural and urban areas; 23.5 per cent of girls aged 15 to 19 were married or in a relationship. It was recommended that the Government develop communication tools for ethnic women and provide community hospitals and resources. Around 32 per cent of young females between 15 and 17 years of age did not go to school, primarily due to financial reasons. It was recommended that the Government enhance the monitoring and data collection system. Many young women and girls were often offered for sale to men in China on the internet. The internet trade continued unabated, and perpetrators roamed free. Many women human rights defenders were murdered or disappeared. The Government had announced that it would do everything to improve the situation, but there were many laws which only existed on paper and had not truly been implemented.
The systemic discrimination faced by the Hmong had been underlined but was not present in the list of issues. The Hmong were the third largest ethnic group in the country, and their women and girls endured poverty, deprivation and a lack of health care services. The Hmong were targeted for extrajudicial killings. Women and girls were strategically targeted when searching for food, particularly for trafficking, sex slavery and rape. Lao People’s Democratic Republic must address gender-based violence against this group. It was strongly requested that the Committee raise these concerns with the State party. Women faced greater oppression when standing up for those who had been disappeared. Many people were waiting for their loved ones bodies to be returned or for more information on their whereabouts. Women often received unfair trials with mandatory death sentences, particularly when it came to drug-related crimes. There should be a moratorium on the death penalty.
Saudi Arabia
Concerning Saudi Arabia, speakers acknowledged some positive reforms on the male guardianship system since the last review. However, authorities had pursued a ruthless crackdown on human rights defenders, unfairly trialling women human rights defenders and subjecting them to torture and imprisonment. The family law, which entered into force in 2022, showed that newly enacted legislation entrenched a system of discrimination in all aspects of family life and did not adequately protect women from domestic violence or rape.
The Government was called on to release all women rights activists in prison and repeal discriminatory legislation. Many women human rights activists were placed under illegal travel bans and were being subjected to arbitrary arrests for being vocal about human rights issues. The authorities used anti-terrorism laws to target women human rights defenders, who were often placed in secret detention centres and denied contact with their families. Saudi Arabia needed to ensure women human rights defenders were protected and included in shaping society.
Between 2020 and 2024, at least 11 women were executed for drug-related crimes, all of whom were migrant women. Several women had been convicted without legal counsel. Increased transparency was needed in the judicial process, particularly for women on death row. There needed to be a moratorium on the death penalty.
Speakers highlighted the plight of domestic and migrant workers within the country, and said Saudi Arabia should improve its treatment of migrant women and their families during the immigration process. Saudi Arabia should rescind its regime which punished women seeking to escape exploitation. Immigration detention for women who became pregnant at their place of work should be ended. Saudi Arabia should ratify International Labour Organization Convention 198 and incorporate domestic workers into their labour legislation. Domestic workers in Saudi Arabia were subjected to lower pay and forced to live in inhumane conditions which diminished their dignity. Some were subject to extreme abuse, including physical violence, starvation and sexual harassment. Justice remained out of reach for most of these women.
New Zealand
Among other things, speakers urged the New Zealand Government to focus on gender equality. Too many indigenous women were unhoused and unsafe. The New Zealand Government was a serial perpetrator of colonial violence. Māori women and girls were profiled as a minority group and were othered. They were in urgent need of a global, indigenous women’s forum and needed the Government to develop a national action plan on their behalf. The Committee had the power to recommend that the Government affirm its commitment to the Convention. The New Zealand Government should endorse and recognise Pacific women’s leadership and aspirations.
The issue of forced marriage remained unequally addressed despite recommendations by the Committee. Women on non-permanent residence visas faced immense barriers in accessing justice and social security. Religious abuse was unrecognised; women were kept in limbo about their marital status in the name of religion. The Committee should call for stronger reforms for migrant women living in an increasingly ethnically diverse New Zealand.
The Government should adhere to its commitments to establish stalking as a criminal act. The Government should evaluate legal and court processes to ensure victims were not prohibited from seeking justice. The Government ought to establish an enquiry into non-consensual surgeries on intersex persons and provide redress. Transgender and intersex persons needed to be protected. In rural areas, internet coverage was limited, which impacted outcomes for rural families. The Government should invest in mobile communications and infrastructure for these communities. Pay gaps for women, including Māori women, needed to be closed. The State was urged to implement national machinery which ensured disaggregated data was available to inform policy.
Questions by Committee Experts
A Committee Expert asked what the Government of New Zealand should do to release women from religious marriages? What should be done to combat forced marriage?
Another Expert asked if there were situations of statelessness among Māori women and girls in New Zealand? Were there issues relating to women, nationality and citizenship?
An Expert asked about the internet trade in Lao People’s Democratic Republic which saw young girls being trafficked. Did the Government recognise this as a great problem? What was the view on increasing family violence?
A Committee Expert said given the Government of New Zealand had established an intersex clinical reference group, were there any positive recommendations or movements coming out?
Another Expert asked New Zealand if there were any specific challenges affecting education? What could be done to address these challenges?
An Expert asked about the situation of education in Lao People’s Democratic Republic?
A Committee Expert said information provided claimed that there was a genuine change in Saudi Arabia; women could obtain drivers’ license and travel with their own passport, among other things. Could more information on these reforms be provided? How many women human rights defenders were in jail?
An Expert asked about data sovereignty in New Zealand? There had been an important climate case decided in New Zealand, regarding the extractive industry being sued for alleged contribution to climate change. Could more information on this be shared with the Committee?
A Committee Expert asked non-governmental organizations from Saudi Arabia what were the main issues when it came to the limitations of legislation on trafficking?
Responses by Non-Governmental Organizations
Lao People’s Democratic Republic
Responding to questions, speakers said the Government did not take any effective actions against human trafficking, especially for young girls. Internet control for criminals was not effective in Lao People’s Democratic Republic. People in the country were very poor and their income was very low. Around 30 per cent of young people did not have any employment.
Saudi Arabia
Answering questions on Saudi Arabia, speakers said since 2018, Saudi Arabia had implemented reforms to its male guardianship system, including allowing women to obtain passports and be legal heads of households, among others. However, there were still issues under the Personal Status Code, including that women needed permission from males to marry, and that women were considered as custodians of their children rather than guardians. There was also a disobedience law still in place. Families feared speaking about women in prison so there were no official statistics. There were dozens of cases of women who had been jailed for expressing their views on women’s rights in Saudi Arabia, but without open and fair trials, there were no exact numbers.
New Zealand
Speakers answering questions on New Zealand said women’s connection to culture empowered them to navigate diverse environments. It was essential that the Government recognised this to empower women and communities. The reference group had been established in New Zealand for intersex persons which sought to establish medical guidelines. As this was quite recent, it was hard to say its impact. Even if it was successful, it would not help those who had already been through the system. Further answers would be provided in writing.
Statement by the National Human Rights Institution of New Zealand
SAUNOAMAALI’I DR KARANINA SUMEO, Acting Chief Commissioner of the New Zealand Human Rights Commission, said Māori women’s rights in New Zealand were at serious risk due to a lack of constitutional protection and regressive policy and legislative measures. Today, Māori women and girls continued to experience inequities across health, justice, state care, employment, income and housing. Despite this, the Government was currently working through a reform programme that looked to further undermine Māori rights. The programme included disestablishing the body created to advance Māori health equity and self-determination; introducing a bill to reinterpret treaty principles to omit reference to Māori self-determination and recognition of Māori as indigenous peoples; and reviewing the role of the Waitangi Tribunal, the primary avenue for Māori to raise claims regarding Crown breaches of Te Tiriti.
The Government had already overridden Māori rights recognised by the Tribunal and courts, and stopped all work to implement the United Nations Declaration on the Rights of Indigenous Peoples. The Acting Chief Commissioner urged the Committee to recommend that the Government strengthen legal and constitutional protection of Te Tiriti; take meaningful action to implement the Declaration; and ensure all law and policy reforms met obligations under Te Tiriti and general recommendation 39.
New Zealand unfortunately had one of the highest rates of family and sexual violence. Women were more at risk of sexual violence and family violence than men, particularly Māori, Pacific, ethnic and disabled women. In 2022, the Government launched Te Aorerekura - the National Strategy and Action Plan to Eliminate Family Violence and Sexual Violence. However, there had been a recent reduction in funding to prevent and respond to sexual and gender-based violence, further impacting access to justice for women.
In September 2024, the report from the Royal Commission of Inquiry into Historical Abuse in State and Faith-based Care (2018-2024) was publicly released, revealing the grave extent of physical, psychological and sexual abuse that took place, in some cases amounting to torture. Gender-based abuse of women and girls included regular intrusive genital exams and ‘health checks’ providing cover for abuse. The Government had committed to designing a new redress system, but survivors still had no immediate prospect of full redress, including compensation and rehabilitation. The Committee was urged to recommend that the Government develop and implement an updated Te Aorerekura action plan and mainstream gender-specific issues; resume the regulatory review of online services and platforms; and implement all the recommendations of the Royal Commission of Inquiry into Abuse in Care.
In 2019, the Welfare Expert Advisory Group made 42 recommendations to restore dignity to the social security system. Some recommendations were progressed but some had recently been reversed, which would disproportionately affect the incomes of women, particularly older, disabled, and Māori and Pacific women. The social security system still did not allow people to retain their individual income if they were viewed to be in a relationship ‘in the nature marriage’. This created risks for women, including social isolation, financial entrapment, and difficulties leaving violent or abusive relationships.
The previous Government had announced its intention to introduce mandatory gender and ethnic pay gap reporting. The current Government announced in July 2024 that it would not progress mandatory reporting but develop another voluntary tool. This decision neglected the role factors, including racism, ableism and violence and harassment in the workplace, playing a role in affecting pay, progression, income security and preparation for a dignified life in retirement for women. The Committee was urged to recommend that the Government adjust income support rates to those recommended by the Welfare Expert Advisory Group adjusted for inflation; individualise income support entitlements; and introduce appropriate temporary special measures to ensure equal employment opportunity by gender, ethnicity and disability.
Questions by Committee Experts
A Committee Expert said that at the last dialogue with New Zealand, the outlook for Māori women and girls had been positive; what was the reason behind the setback?
Another Expert asked if there were specific references within the proposed framework which dealt with the rights of women and girls?
An Expert asked about the situation of abortion in rural areas?
A Committee Expert asked if there were cases where temporary special measures had a negative effect?
Responses by the National Human Rights Institution
In response, Ms. Sumeo said New Zealand did not have a formal constitution which was one of their weak areas, leaving indigenous women vulnerable. If there was a law which weakened women’s rights, it was difficult to push against targeted policy. There was now a different Government, which was why there was a different view from the previously positive position. The previous Government’s policies assumed everyone was equal to begin with, which was not the case now.
New Zealand was far away from having equal pay despite having an Equal Pay Act since 1972. Many women were facing situations of homelessness. Under the Human Rights Act, there was the ability for organizations to develop measures which ensured equality. Unfortunately, those measures were seen as somehow violating human rights and were seen as discriminatory in some parts of New Zealand. The ability to address inequity had become more difficult under the current climate. It was difficult to address issues such as the gender-pay gap if there was a reluctance to use temporary special measures.
BRITTANY PECK, Legal Advisor, said the Government was not providing an adequate response to gender-based violence, including police attending fewer family-based callouts. These compounded the existing high rates of violence in New Zealand. Because of this retrogression, it was expected this would be reflected in the cases of Māori women over time. It was expected that over 90 per cent of sexual violence was not reported to police. New Zealand was experiencing a workforce health crisis and there was a gap in the availability of abortion services in rural areas.
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