Civil Society Organizations Brief the Committee on the Elimination of Discrimination against Women on the Situation of Women in Chile, Canada, Japan, Cuba and Benin

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 Chile, Canada, Japan, Cuba and Benin, whose reports will be considered during the second and third weeks of the session.

In relation to Chile, speakers raised concerns regarding gender-based violence, abortion, and the treatment of trans people.

Those speaking on Canada raised topics including the treatment of indigenous women and girls, femicide, and harassment of migrant workers.

On Japan, speakers addressed the selective surname system, Japan’s military sexual slavery, and women’s pensions.

Speakers for Cuba raised issues including legislation on femicide, women in poverty, and the treatment of lesbians.

In relation to Benin, speakers addressed human trafficking, attacks on lesbian, gay, bisexual, intersex, queer and transgender people, and discrimination of sex workers.

The National Rights Institute of Chile and the Children’s Rights Ombudsperson of Chile spoke on Chile, as did the following non-governmental organizations: Corporation of Opportunity and Jointly Action Opcion - OPCION; Federación Luterana Mundial; and CIMUNIDIS - Círculo Emancipados de Mujeres y Niñas con Discapacidad de Chile.

The following non-governmental organizations spoke on Canada: Union of BC Indian Chiefs; South Asian Legal Clinic of Ontario and Colour of Poverty - Colour of Change; Justice for Girls and Just Planet; Cecile Kazatchkine, on behalf of HIV Legal Network, Barbra Schlifer Commemorative Clinic; Bout du monde; Amnesty International Canada; Aysha Khan, on behalf of International Human Rights Program (IHRP) at the University of Toronto Faculty of Law, Global Human Rights Clinic (GHRC) at the University of Chicago Law School, and a coalition of almost 50 organizations; Development Alternatives with Women for a New Era (DAWN); International Physicians for the Prevention of Nuclear War Canada (IPPNWC); and Amnesty International Canada.

The following non-governmental organizations spoke on Japan: Family Association of the Missing Persons Probably Related to the DPRK; Association to Preserve the Family Bond; People’s Alliance for Protection of Imperial Lineage by Paternal Male Succession to the Imperial Throne; Global Alliance for Anti-Discrimination (GAAD); JNNC (Japan NGO Network for CEDAW); JFBA (Japan Federation of Bar Associations); Be the Change Okinawa, and on behalf of Action Okinawa, Ginowan Churamizu Kai (Clean Water Protection Committee), AIPR, and ACSILs; Warriors Japan; Lawyers and DV Thrivers against Violence and Abuse Japan (LVAJ) and Safe Parents Japan (SPJ); Women’s Political Empowerment; Women's Active Museum on War and Peace (WAM): and Development Alternatives with Women for a New Era (DAWN) and Pacific Network on Globalisation (PANG).

The following non-governmental organizations spoke on Cuba: Red de Juristas por los Derechos Sexuales, Unión Nacional de Juristas de Cuba, Asociación Cubana de las Naciones Unidas, Museo Virtual de la Memoria contra la violencia basada en Género Iniciativa para la Investigación y la Incidencia; Cuido 60; Red de Mujeres Lesbianas y Bisexuales; CUBALEX; Justicia 11J; FMC; Prisoners Defenders; Mesa de Diálogo de la Juventud Cubana; and Observatorio de Género de Alas Tensas y Museo de la Disidencia en Cuba.

The following non-governmental organizations spoke on Benin: Right here Right Now 2 and CFMPDH; Synergie Trans Bénin; Association Solidarité; Changement Social Bénin; and Plurielles.

The Committee on the Elimination of Discrimination against Women’s eighty-ninth session is being held from 7 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, 15 October, to consider the eighth periodic report of Chile (CEDAW/C/CHL/8).

Opening Remarks by the Committee Chair

ANA PELÁEZ NARVÁEZ, Committee Chairperson, said this was the second opportunity during the session for non-governmental organizations to provide information on States parties that were having their reports reviewed during the second and third weeks of the session, namely Chile, Canada, Japan, Cuba and Benin.

Statements by Non-Governmental Organizations

Chile

Non-governmental organizations speaking on Chile said sexual violations had increased drastically between 2019 and 2023. Protection measures continued to be deficient. It was concerning that violence against girls and adolescents was increasing. As of June 2023, there were 42 pregnant women and 100 children living with their mothers in prison systems. There needed to be a cultural change in the community, whereby gender-based violence was no longer acceptable. There needed to be a comprehensive sexual education law to ensure rights for women and adolescents. The abortion regime based on legal grounds was insufficient and there were barriers to accessing contraceptives in primary health care. Warnings had been issued about six defective contraceptive pills with no steps taken to investigate or provide reparations to those affected. In Chile, around 800,000 migrant women faced violence and hate speech, especially those with irregular migration status. The humanitarian visa for migrants was not implemented well in practice.

Since 2019, there had been a Constitutional Legal Reform Act, establishing the State’s duty to fight gender equality. The State’s anti-discrimination law had been in congress for five years and was in danger of being rejected. Chile had yet to fulfil its obligation to repeal laws discriminating against married women or subordinating them to their husbands. The comprehensive law on violence against women did not include protection measures for women in penitentiary institutions who had suffered violence. Violence against trans-people had increased by 145 per cent, and trans-femicide was not recognised as a crime. The State showed no willingness to address issues faced by trans-people. Women and girls with disabilities in Chile experienced discrimination. A report by the Office of the High Commissioner found that there were 163 suspicious deaths in short-stay mental health facilities. There had been reports of electro-shock therapy on girls with disabilities.

Canada

Speakers on Canada said there were genocidal consequences for indigenous women and girls in the country. These violations were tied to colonial policies. In its 2015 inquiry, the Committee found that indigenous women and girls suffered from the worst socio-economic conditions, as well as systemic racism and violence, which manifested as pervasive poverty, lack of access to housing, high rates of child apprehension, and disproportionate criminalisation. The Committee had found that sex discrimination in Canada’s Indian Act was a root of violence, marginalising women and their descendants, excluding them from their lands, cultures and communities, and disentitling them to full personhood. The 2019 National Inquiry into Missing and Murdered Indigenous Women and Girls issued 231 Calls for Justice. To-date, only two were complete, and more than half had not been started. Colonialism and the legacy of Residential Schools continued to impact indigenous girls’ access to education. Racialised communities faced oppression in Canada, with Black femicide and forced sterilisations of Black and indigenous women erased due to data gaps and under-reporting.

Canada was failing to take serious action on gender-based violence. Femicides were increasing, with a woman killed every 2.5 days. But this was not taken into account in the national action plan. Survivors of gender-based violence needed stronger protections and support services. Law enforcement and judicial officers must receive proper training on these violence dynamics. Canada needed to ensure survivors were not criminalised for self-defence, and strengthen protections against coercive control and litigation abuse. In Canada, women who used drugs and indigenous women were disproportionately impacted by HIV/AIDS and faced increased risk of violence and barriers to healthcare. Migrant workers and migrant sex workers in Canada faced significant oppression due to restrictive work permits, increasing their vulnerability to workplace abuse, harassment and sexual violence. Canada must remove these restrictions, decriminalise these groups, and establish policies that ensured safe working conditions.

Canada was also implicated in exploitative deep-sea mining, as Canadian companies sought financial gains through predatory partnerships with some Pacific Island States. These companies must be investigated. Pacific women and Canadian indigenous women deeply opposed these projects, as they threatened the ocean and marine life. Canadian resource extraction projects had also increased violence in Ecuador against indigenous women, which would be exacerbated by a proposed free trade agreement.

Japan

Speakers on Japan raised issues on post-marital surnames. Some said that the rule requiring married couples to have one surname constituted discrimination against women, thus an immediate adoption of a selective surname system for married couples was necessary. Others objected to this view, stating that having separate surnames after marriage could destroy family unity and could negatively impact children. The ruling party’s promotion of expanding the use of maiden names did not address gender discrimination. Half of single-mother households lived in relative poverty, as 70 per cent of them did not receive child support and were unable to escape poverty, due to the significant wage gap between men and women.

The issue of Japan’s military sexual slavery had been raised 30 years ago before the Committee in 1994. Measures taken by the State were not victim-centred, and therefore failed. The Government of Japan was called on to recognise that the “comfort women” issue remained unresolved and to fully implement the previous Committee recommendations. The Status of Forces Agreement between Japan and the United States should be revised to eliminate violence against women linked to United States’ military bases in Okinawa and elsewhere. There had been seven cases of gender-based violence against women and girls by the United States’ military within the past 11 months. Since 1954, over 210,000 crimes and accidents by the military had occurred. There needed to be comprehensive actions taken to end the culture of impunity. Japan needed to accept that the “comfort women” system was one of sexual slavery, and that it had a legal responsibility to provide reparations to all victims.

The ratification of the Optional Protocol should be expedited, and there should be a comprehensive anti-discrimination law. Japan was also urged to create a permanent gender equality committee, to monitor the implementation of the Convention’s concluding observations. There was an urgent need for the establishment of an independent, national human rights institution in line with the Paris Principles. It was crucial to eliminate low wages and pensions for women due to the gender wage gap, non-regular employment, and unpaid work. The Japanese Government was also urged to rescue all abductees from the Democratic People’s Republic of Korea. The Committee was urged to recommend that Japan stop dumping radioactive wastewater in the Pacific Ocean and take immediate steps towards safely disposing the waste on land.

Cuba

Those speaking on Cuba said Cuban women were calling for a robust legislative change of gender-based violence. The State needed to work to coordinate actors on gender issues. The State should systematically assess the impact of legislation and public policies on gender equality. The Committee was urged to pay special attention to the devastating impacts of the embargo which had a detrimental impact on women’s organizations.

There was a comprehensive law against gender-based violence, but the act of femicide should be defined. The rate of femicide was occurring in Cuba more than 10 times that which was occurring in Spain. Cuba had serious deficiencies in the reparation system of gender-based violence. The legislation should be reformed to establish provisional payments which provided immediate support, particularly to women of African descent or those with low income. The State should strengthen mechanisms for the prevention and punishment of gender-based violence, and redouble efforts to deconstruct gender stereotypes.

Poverty in Cuba today had the face of a woman, particularly that of an Afro-descendent, elderly woman. Social rights had been cut by the State and women were further exposed to food insecurity and poverty. The health care system lacked regulations to protect lesbians from phobic treatment. There needed to be training and awareness raising for health professionals to provide care, free of stigma and phobia.

Benin

Organizations speaking on Benin said women were economically and sexually exploited in Benin as part of human trafficking. Legislation on this was vague. Benin was a country of origin, transit and destination of women and children for human trafficking. It was recommended that the definition of procuring be outlined in the Criminal Code.

In Benin, lesbian, gay, bisexual, intersex, queer and transgender people underwent verbal, physical and sexual attacks. Discrimination undergone by these women worsened their economic positioning. No specific healthcare programme took these people into account, despite their vulnerability. Lesbian women were not seen as key members of the population. Religious beliefs and fear of side effects prohibited access to abortion, despite it being decriminalised in 2020. It was recommended that Benin set up mobile clinics all over the country to facilitate access to sexual and reproductive services. Safe abortion should be accessible without the need for authorisation from a third party.

Sex workers continued to be discriminated against in Benin. The only existing instruments were oppressive in nature. The national health development plan excluded the healthcare of sex workers. Today, some services did not cover the medicine for sexually transmitted diseases for sex workers. If a sex worker underwent an act of violence, victims were required to submit a medical certificate which came at a cost that was prohibitive for these women.

Questions by Committee Experts

A Committee Expert said since there had been a reshuffle in the cabinet in Japan, what was the status of the Gender Ministry? Who was heading it? Was there a COVID-19 response plan that covered gender-based violence? On Canada, was female genital mutilation still an issue? What was the gravity of the occurrence of femicide?

Another Expert asked if the Japanese organizations had information around restricted access to abortion, including that permission was required from a spouse or partner? Could information on the lack of sexual reproductive education for young people be provided?

An Expert asked Cuba what services were available for persons deprived of liberty, which were not available to lesbian, gay, bisexual, transgender and intersex persons? What were the rules related to internal migration in Cuba?

A Committee Expert asked Chile if the benefits of the Judicial Academy, which aimed to avoid bias and victimisation of women, were being reaped?

Another Expert asked Benin about the medical forms for victims of gender-based violence; were these free? What had the Government done to make birth registration free? Was there a law on legal aid? If so, what crimes or rights violations qualified for legal aid? Was there a court to handle family disputes?

An Expert asked Cuba whether the labour law included issues of sexual harassment?

Another Expert asked Canada how many recommendations by the Truth and Reconciliation Commission had been met?

A Committee Expert asked Cuba about the situation of human rights defenders who were women? In Chile, following the 2017 reform, was abortion still practiced illegally? Could more information be provided about the extractive and mining industries and their impact on women and communities?

An Expert asked Cuba for information around issues pertaining to education?

A Committee Expert asked how challenging it was to be a female politician in Benin?

Statements by the National Human Rights Institution of Chile and the Children’s Rights Ombudsman of Chile

CONSUELO CONTRERAS LARGO, National Director, National Human Rights Institute of Chile, began by referring to gender-based violence. According to figures from the National Service for Women and Gender Equity, in the last 10 years, there had been 423 femicides in Chile, with figures per year that fluctuated between 34 and 46 femicides. In 2024, there were already 29 femicides. In the last two years, there had been a sharp increase in attempted femicides. In its 2018 and 2021 Annual Reports, the Institution indicated statistical difficulties in recognising violence that affected women in different contexts, since the State did not disaggregate the information into characterisation variables. Consequently, the treatment of violence against women was addressed in a uniform manner, which homogenised the situation of discrimination and violence, preventing the design of public policies capable of responding to different needs. The State should implement disaggregation of data, particularly for rural women, women with disabilities, and other groups.

The Programme for the Comprehensive Prevention of Violence against Women had a budget which was 2.38 per cent of the budget of the ministerial portfolio, which was limited considering the magnitude of the task. For the 2024 budget, the authorities announced a growth of 5.2 per cent, as part of their programmatic redesign. The institution remained concerned at the main task defined in the programme. The programme did not involve any kind of follow-up and it was not possible to discern if those who received the training continued to develop prevention activities. The programme also did not have a territorial focus without taking into account the different realities of women. It was concerning that the courts did not recognise the identity of trans-women in their sentences, according to current gender identity law.

The regulatory framework for violence against women had been bolstered. On 4 March 2020, law no. 21,212 came into force, which redefined and expanded the concept of femicide in Chile. On 9 May 2023, law 21,565 was published, which established a regime of protection and comprehensive reparation in favour of victims of femicide and their families; and on 14 June, law 21,675 came into force, which established measures to prevent, punish and eradicate violence against women, based on their gender. There were other legal bodies that had been approved and had entered into force in the country. Draft bills were moving slowly through the legislature. Discussions were underway on the bill to reform conjugal partnership and the bill to combat discrimination. In 2019, a bill was presented that sought to establish the mandatory nature of comprehensive sex education in schools. This draft was rejected in October 2020 and archived, with no plans for it to be brough back into legislation.

As of August 2024, the National Human Rights Institution had registered 19 complaints for human trafficking. During a visit to border regions, the Institute was able to verify the low number of resources of the police units destined to combat trafficking in persons. The Institute had established the duty of the executive branch to develop and implement a public policy to combat trafficking in persons. It should also continuously and systematically monitor and evaluate the implementation of new legislation through data collection and analysis and research on internal and cross-border trafficking.

ANUAR QUESILLE VERA, Children’s Rights Ombudsperson of Chile, underscored that sexual violence against children and adolescents continued to be one of the most urgent and complex challenges facing the country. Despite efforts and progress in other areas, the data showed that girls and adolescents continued to be the main victims of this problem. Between January and June 2024, the Public Prosecutor's Office of Chile reported a total of 25,352 victims entered into its registries for sexual crimes, of which 59.40 per cent were females under 18. The State addressed sexual exploitation in a disconnected way, with gaps in areas of prevention, criminal prosecution, punishment and reparation for victims. It was alarming that, despite the growing incidence of this phenomenon, the State had not prioritised this problem in a systemic manner, which reflected in the limitations faced by the different services and institutions.

The fate of children in the care of the State was concerning. There were also new challenges in relation to the security of digital environments. Online platforms and digital spaces had become fertile grounds for the perpetration of sexual violence and abuse. Comprehensive regulation that protected children and adolescents in these spaces was essential. In view of these challenges, since the beginning of 2024, the Children's Ombudsman's Office had urged the Government to adhere to the Council of Europe's Lanzarote Convention, which was seen as a key tool to protect children and adolescents against sexual exploitation and abuse. Unfortunately, no significant progress had been reported in this regard.

In terms of sexual and reproductive rights, the limited perspective on the progressive autonomy, ownership of rights, and agency of girls and adolescents continued to affect their access to the benefits of the law on abortion. Adolescents were mostly seeking abortion due to being raped. The Committee was called on to prioritise legislative strengthening and intersectoral coordination of State institutions, with a focus on increasing resources and adequate training to respond effectively to the challenges posed.

Questions by Committee Experts

A Committee Expert asked if the Ombudsperson had any specific information on early marriage, which continued to be a problem?

Another Expert asked if light could be shed on the issue of comprehensive sexual education in Chile? What were the obstacles? What should the Committee look at to allow adolescents to access this information?

An Expert asked if there were any statistics on how many women who had suffered rape in Chile had then resorted to abortion, and how often was this denied?

A Committee Expert asked about the pension gap in Chile?

Another Committee Expert asked about the anti-discrimination bill which was presented to amend the Constitution in regard to multiple discrimination? What were the social and political drivers which did not allow this bill to pass?

An Expert asked about global supply chains which were growing in importance in Chile, which was exporting agricultural products to neighbouring countries. Had any gender-based violence been identified in the supply chains?

Responses by the National Human Rights Institution of Chile and the Children’s Rights Ombudsman of Chile

In response, JUAN ENRIQUE PI, International Adviser, said the Anti-Discrimination Act did not reform the Constitution; the Constitution of 1980 still prevailed. There seemed to be no movement to further prohibit discrimination. In 2020, there had been an attempt to bring about an act on comprehensive education, to prevent sexual violence against girls and boys. However, this bill was rejected by a majority and had been shelved. There was currently no bill in Chile to address sex education in schools. There was no initiative under discussion.

ANUAR QUESILLE VERA, Children’s Rights Ombudsperson of Chile, said Chile had raised the age of marriage to 18. However, one of the key problems being faced by the country had to do with informal unions in rural areas. It was difficult to obtain figures on these.

JAVIERA SCHWEITZER GONZÁLEZ, International Affairs Coordinator, said when it came to the law on abortion, there was an information gap. Almost 99 per cent of cases of young girls and adolescents undergoing abortion did have some support. When it came to conscientious objection, this was of particular concern. There was no protocol providing for a lack of equipment and there were no available teams. Civil society said the law enforced did not cover training and guidelines and the rights which should protect medical teams. Furthermore, in the case of rape, few people went to health centres because of revictimisation. Some headway had been made in comprehensive sex education, however, there were restrictions in terms of its effective implementation. There had been a drop in the number of teenage pregnancies, but this was due to a use of contraceptives and not comprehensive sexual education. Teenagers had also identified a gap in comprehensive sexual education. Link: https://www.ungeneva.org/fr/news-media/meeting-summary/2024/10/le-comite-pour-lelimination-de-la-discrimination-legard-des-1

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