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COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF RWANDA
04 February 2009
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Committee on Elimination of Discrimination Against Women
4 February 2009
The Committee on the Elimination of Discrimination against Women today considered the combined fourth to sixth periodic report of Rwanda on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Jeanne D’Arc Mujawamariya, Minister of Gender and the Promotion of the Family of Rwanda, introducing the report, observed that, through inclusive policies, politics and strategies, the Government was committed to the development and empowerment of women, as part of a vision of a united, democratic and prosperous Rwanda. Rwanda was a place where women and men, girls and boys enjoyed the same rights. Education was obligatory and free, and all programmes were implemented without any gender-based discrimination. Also, the national Constitution said that all citizens had the right to choose an employment and that all people with the same function and competence had to get the same salary, without discrimination. With regard to politics, women represented 56.2 per cent in Parliament, 36 per cent in Government, 50 per cent on the Supreme Court and 40 per cent in local Government. The Government had also amended laws that had been discriminatory, and now both parents could pass on Rwandan nationality to their children.
Talking about the way forward, Ms. Mujawamariya said that one important part was the prosecution of the genocide perpetrators and the rehabilitation of the memory of the victims, the majority of whom had been women. Addressing gender-based violence was also an important task they were pursuing and they were establishing gender-based violence shelters jointly with civil society.
Committee Experts asked a number of questions and raised concerns, including a lack of information on laws and measures to prevent human trafficking; the fact that adultery, concubinage, abortion, adultery and prostitution were criminalized in Rwanda, as well as that there were no laws punishing sexual harassment; and high maternal mortality rates. Many questions turned on the aftermath of the 1994 genocide and plans to address those crimes, as the majority of the victims were women. In particular, it was asked what had been done to include women in the process of prosecution and what protection was offered to victims and witnesses of sexual violence during the genocide.
In preliminary concluding observations, Naela Gabr, Committee Chairperson, recognized the difficult circumstances that Rwanda had faced and was still facing today. Among concerns, the education of women was of vital importance. Women's health, knowledge and awareness of their rights, family planning, and awareness of communicable diseases such as HIV/AIDS, were all major issues, and the Government had a responsibility to bear despite the challenges it faced. The question of stereotypes was likewise important, although it was noted that some progress had been achieved. Violence against women, including domestic violence, was a further matter for concern.
The delegation of Rwanda also included representatives of the Gender and Family Ministry, the Permanent Mission of Rwanda to the United Nations Office at Geneva, the Beijing Secretariat and the National Commission for the Rights of the Person. As one of the 185 States parties to the Convention, Rwanda is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
The next meeting of the Committee will be at 12 p.m. on Friday, 6 February, when it will adopt its concluding observations on reports reviewed over the past three weeks, before officially closing its forty-third session.
Report of Rwanda
The combined fourth, fifth and sixth report of Rwanda (CEDAW/C/RWA/6) says that the genocide that gripped Rwanda in 1994 negated the most fundamental values of human society, and the role played by the authorities in these inhuman acts highlighted their failure to provide responsible leadership and to champion the values of humanism, tolerance, justice and peace. These grave violations of fundamental human rights resulted from a sectarian ideology, and they had terrible consequences not only for their direct victims but for the whole of Rwandan society. Firm justice must be meted out to those responsible for those crimes, while ensuring education about human rights, if the Rwandan people are to be reconciled and to live together in a climate of dialogue, tolerance and peace. The Government is thus determined to prosecute these acts in order to root out the culture of impunity and the ideology of genocide. The Gacaca courts that were instituted in 2001 are already operational in part, and they will soon be functioning throughout the country.
The report also notes, with regard to sexual violence, that it is important to distinguish between the sexual violence perpetrated during the course of the genocide and that which occurred subsequently, and between sexual violence against adult women and that committed against children in recent times. During the 1994 genocide, rape was used as a weapon and as a means of inflicting pain and humiliation on the victims. The rapes committed during that time were accompanied by torture of indescribable savagery. Several laws were adopted to address the issue of sexual violence during the genocide. All these laws recognize the exceptional nature of sexual violence committed during the 1994 genocide. Thus, persons found guilty of rape or sexual torture incur either the death penalty or life imprisonment, or imprisonment of 25 to 30 years. For sexual violence subsequent to the genocide, committed against female adults, the Criminal Code provides the following punishment: imprisonment of 5 to 10 years for rape or death penalty if the rape resulted in the death of the victim.
The report notes that the patriarchal system of traditional Rwandan society gave men pre-eminence over women, and the birth of a boy was preferred over the birth of a girl. A son was regarded as a guarantee that the family and the clan would survive through his offspring, and conversely the value of the daughter would be signed away when she left the family to marry. She could not inherit her family's property, and she was considered a burden on her family if she became a single mother or a widow, or was repudiated. Yet, relegated to the background as she was, the woman played an important role. She was her husband's right hand, and she advised him when it came to important decisions, for she followed the country's political life closely. Women were not allowed, however, a public position or voice. With evangelization, schooling, and the social and economic changes in their daily life, Rwandans have gradually adopted a different view of the roles assigned to children according to their sex. The presence of women in certain government and technical positions has modified public opinion about their abilities compared to those of men. Despite this change in attitudes, the most recent survey’s shows that the majority of Rwandans still prefer to have a boy, and that some men remain reluctant to carry out decisions taken by women.
Presentation of Report
JEANNE D’ARC MUJAWAMARIYA, Minister of Gender and the Promotion of the Family of Rwanda, noted that the rest of the delegation was still at the airport, because of visas problems. Presenting Rwanda’s report, she said that her country had had many ups and downs but it had a vision. It was a small country of Africa, but its image around the world was much bigger than its real size. Through inclusive policies, politics and strategies, the Government was committed to developing women and empowering women’s rights. All this was part of a vision of a united democratic and prosperous Rwanda. Her country was a place where women and men, girls and boys enjoyed the same rights.
After its independence in 1962, Rwanda had had a succession of political regimes characterized by ethnic and regional discrimination, and that had fostered a culture of impunity for the perpetrators of those violations. The problem of refugees had been one of the factors triggering the armed conflict of 1990 to 1994. The apex of that conflict had been the genocide of 1994, after which a Government of National Unity had been put in place. Following the fall of the regime behind the genocide, the country had had to cope with huge challenges such as disease outbreaks and internally displaced persons. Until now, Rwanda had submitted three reports before the 1994 genocide, but those were not available because they had been destroyed during the genocide and thus a verbal report had been given in 1996. The report discussed today was the first since the 1994 genocide, Ms. Mujawamariya noted.
Concerning education, it was obligatory and free and all programmes were implemented without any gender-based discrimination. Also, the national Constitution said that all citizens had the right to choose their employment and that all people with the same function and competence had to receive the same salary, without discrimination. Around 99 per cent of the population knew how HIV/AIDS was transmitted and knew at least one prevention method; however, other sexually transmissible diseases were not well known, Ms. Mujawamariya noted.
Regarding politics, the Constitution stipulated that all nationals, men and women, had the right to choose their leaders. Currently, women represented 56.2 per cent in Parliament, 36 per cent in Government, 50 per cent on the Supreme Court and 40 per cent in local Government. Ms. Mujawamariya also noted that Rwanda had amended laws that had been discriminatory, and now both parents could pass their Rwandan nationality on to their children.
Talking about the way forward, Ms. Mujawamariya said that one important part was the prosecution of the perpetrators of genocide and rehabilitating the memory of the victims, the majority of whom had been women. Addressing gender-based violence was also an important task they were pursuing and they were establishing gender-based violence shelters jointly with civil society.
Questions by Expert
Experts asked a number of questions and made remarks and one Expert noted that unfortunately no non-governmental organizations could be present at this meeting as they had also had problems with visas and thus the Committee had not had the opportunity to hear from them. Could the delegation elaborate on the question of the Government’s collaboration with civil society? Also, how was it possible that the country still had discriminatory laws in place if the Convention was prevailing over national law?
On the prosecution of the genocide, one Expert asked if it was possible to have concrete information on the measures the State party had undertaken to include women in the process of prosecution, in the special tribunals as well as in the Gacaca courts. What measures had they taken to ensure fair trials? What protection was offered to victims and witnesses of sexual violence during the genocide? How did they help foreign witnesses and victims that had been present in refugee camps during the genocide? Concerning the situation of children soldiers, information from the Committee on the Rights of the Child showed that some of the former soldiers, especially girls, were not being given enough attention for their reinsertion in social life. Also, information showed that children were currently being abducted in refugee camps to serve as child soldiers in the conflict in the Democratic Republic of the Congo. Could the delegation elaborate on these issues?
Concerning the use of temporary measures, another Expert welcomed the setting of minimum quotas at the political level. Were such measures also planned in other areas where women were still underrepresented? What dialogue had the Government had with the private sector to ensure the equal representation of women and their representation at the managerial level? Were there any temporary measures also being planned in the education area? It was important to adopt a life-cycle perspective to achieve the equal representation of women at all levels, starting with education?
Response by Delegation
In their responses, the delegation said that all international conventions that had been ratified by Rwanda were considered more than just laws. If somebody did not observe the Convention he could be brought before a court. Rwanda respected the Convention the same way they respected their own Constitution. The Convention came right after the Constitution in terms of hierarchy.
Turning to the issue of the presence of NGOs at the current meeting, the delegation said that the Committee had not issued any invitation to them and no help was being offered for them to attend the meeting, as was indicated on the Committee’s website. If they had gotten some help, they would surely have been present today. Also, it was not true that women had to ask their husband to get credit, there were no laws requiring this and a woman could do this without problems.
Concerning the procedures on the genocide, the delegation indicated that women were involved in it, as there were female Supreme Court judges. However, hunting the perpetrators of the genocide should not be a women-only procedure and should include everyone, men and women. Women were also less corruptible that men and Rwanda was proud of its female judges. Victims were testifying through special cameras, so that the woman could be protected and not recognized.
Turning to the issue of child soldiers, the delegation noted that there were none in Rwanda. The information the Committee was referring to was linked to a former report which had not been drafted by the current Rwandan administration and included 15-year-old information. Concerning former child girl soldiers and their access to social help, the delegation noted that all children in Rwanda had the right to access free education and had the right to have medical insurance; they were not excluding anybody. Those former girl soldiers were now grown up women and the Government was helping them to cope with psychological trauma. Also, there were currently no refugee camps for Rwandese and Rwanda and the only refugees were foreigners. Refugees from the Democratic Republic of the Congo were being offered education. What Rwanda offered to its own children was also offered to refugees of other countries.
The Convention was a legal document and Beijing was an action plan to implement the Convention and Rwanda used this document to do so. The Rwanda Beijing Secretariat was attached to the Ministry of Gender, noted the delegation. Concerning employment, the private sector had understood the important role women were playing and had put in place a special chamber for women entrepreneurs and loans were being offered to young entrepreneur women with the help of the Government.
Questions by Experts
The Chairperson of the Committee noted, on the question of the participation of civil society, that the Committee did not invite non-governmental organizations, however they were invited to send information to the Committee on the county reports it was considering on the report. Also, the process for application to attend the session allowed for very broad participation by civil society as consultative status with Economic and Social Council was not required.
One Expert underscored the major improvements in Rwanda, as a few years ago women had not had the right to speak publicly and today the Rwandese delegation was led by a woman. One Expert noted that organizations made of widows of the genocide were calling to change the law so that it not only addressed sexual violence but more generally gender violence. This was important. Did the State party plan to address this issue?
With regard to trafficking, the report did not provide enough information on laws and measures to prevent this phenomenon. In the State’s written replies it was shown that Rwanda had acceded to several international instruments to fight international crime and a draft bill on the subject was before Parliament. Also, the report noted that this type of crime had not reached the country. However information noted that Rwanda hosted thousands of refugees as well a number of asylum seekers and that trafficking in women for sexual exploitation was a problem. What did the State party plan to further address this issue?
On the issue of prostitution one Expert noted that it was illegal in Rwanda and asked what the role of the police was in this regard. Was there a special police unit dealing with women and children? Did they have women police officers? What programmes were being offered to women who wanted to leave prostitution? How did the country deal with clients?
Response by Delegation
Answering the questions, the delegation noted that, concerning violence against women, they were collaborating with the other countries in the East African region to address this issue and were looking into best practices. On trafficking, there was a bill currently before parliament on the issue of the fight against trafficking. Strategies and plans of actions would have to be put in place to tackle this issue, but most importantly they would have to first find out to what extent this problem was occurring in Rwanda.
Concerning sex workers, the Government organized workshops for them, organized them into economic associations and cooperatives and gave them funds to help them start their own businesses to bring them out of prostitution.
Turning to the issue of asylum seekers and refugees, the delegation noted that the majority came from Burundi. People were leaving Burundi because of the drought there, but they were cross-border refugees, did not ask for asylum and most of the time they were going back and forth between the two countries. This situation was a source of insecurity and violence and posed a risk in the border region. They did not however have figures on the percentage of women in this group of people.
Concerning the number of female students in Rwanda, the delegation said that in 2006, out of around 16,000 university students, around 4,000 were women. In private universities, out of around 20,000 students, more than 10,000 were girls. Most of the female students attended private universities.
Questions by Experts
In follow-up question, Experts asked whether the law on gender equality had generally and substantively helped to change the social status of women. Also, how was the State party working with the younger generation to remember the genocide and to help them understand what had happened during that period of the country’s history?
Several Experts also congratulated the delegation for the work Rwanda had undertaken in the past years, which had led to a situation where men had now become gender sensitive. Turning to the visibility of the Convention, one Expert noted that the lack of visibility of the Convention was reflected in the few number of court cases in which the Convention had been mentioned. What did the State party do in order to increase the visibility of the Convention and to train judges on the subject?
One Expert noted that adultery, concubinage, abortion, adultery and prostitution were criminalized in Rwanda. Could the delegation elaborate on this subject? Also what was the situation of women and girls in prison, as women were surely also charged with such offenses? What was the situation of Rwandese refugee returnees or internally displaced persons returnees, especially women? What was the status of the ratification of the Convention’s Optional Protocol? Also, regarding sexual harassment, there were no laws punishing and criminalizing it, could the delegation elaborate on this situation?
Response by Delegation
In response, the delegation said that the Convention was also cited in the Constitution of Rwanda, along with other human rights conventions. Concerning the measures undertaken to disseminate the Convention, the delegation said that it had been translated in their national language, so that it was available for people who did not understand French or English. All international conventions had also been translated and sent out to all district levels. They had also engaged civil society in this process.
Concerning the criminalization of certain offenses, the delegation said that Rwanda criminalized concubinage because most of the time in such cases there was an abuse of the right of the partner and the right of the children. No mater if it was the man or the woman who was guilty. Abortion and adultery were also criminalized. These measures had mainly been taken to prevent abortion as these situations often resulted in unwanted pregnancies.
On the issue of women returnees, the delegation said that they were not discriminated against in any form and they were included in social activities, so that they could help and collaborate in the development of the country. Concerning the preparation of the report, the delegation noted that civil society had collaborated in its preparation as well as the private sector which had been represented by the Chamber of Women. The report had had the backing of all stakeholders in the country.
Questions by Experts
Turning to articles seven to nine of the Convention, one Expert noted that Rwanda had become, in a few years, the world leader in women representation in Parliament and had even beaten Sweden. But they also needed to get seats elsewhere. At the local level, the representation of women was of only 40 per cent; more efforts needed to be made as women who had had experience at the local level had more chances to be elected at the national level.
Concerning the justice system, the Expert noted that at the level of courts there was often prefect parity as for example in the commercial court, with a 50/50 representation. What international aid had Rwanda obtained from the big countries, which had engaged themselves to give financial help during the Beijing Summit? What was the amount Rwanda had received? Also, what was the status of a woman marrying a foreigner; could she transmit her nationality to her foreign husband?
Response by Delegation
The delegation agreed that 40 per cent representation of women at the local level of government was still too low. They had to do better.
On nationality, the Constitution said that a woman could pass on her nationality to her children and to a foreign husband. If a foreign husband wished to take on Rwandan nationality, there were no restrictions on that.
Further Questions by Experts
On education, an Expert highlighted that, while Rwanda had a high primary enrolment rate, the completion rate was only 52 per cent. That begged the question, what was the rate of dropout for girls and what was being done to ensure female literacy? There was also a continuing preference expressed by society for sending boys, rather than girls, to school. What was being done to combat that prejudice in favour of boys?
Turning to employment issues, an Expert noted that the percentage of women working in the agricultural sector was growing, while male participation in that area was decreasing. He asked what percentage of those working in the agricultural sector received social benefits, and whether the work they did was regulated under the Labour Code. Further, what was going to be done to address the fact that, in the private sector, women only received two-thirds pay during maternity leave. Finally, while women were well represented at higher levels in the public sector, were there any plans to improve the percentage of women in highly skilled and senior management positions in the private sector, as well as to enter areas that women were traditionally not very visible in, such as technology and science?
On health issues, an Expert was concerned about the very high maternal mortality rate and asked if that rate had remained the same and what was being done to address it. In particular, were there any programmes to address the fact that pregnant women were at a high risk of suffering from malnutrition. She asked how many health care providers there were nationwide, but especially in the rural areas. Further, what was being done to ensure that women had access to contraception and information on family planning, and had there been any awareness-raising campaigns to change attitudes about this issue, in particular men's attitudes about contraception? And what was being done to ensure that women victims of sexual violence received medical care and counselling?
Regarding the intention to amend the social security law to further extend coverage to Rwandans, an Expert asked for more details of what stage the draft legislation was on and what it contained. Today, it appeared that the social security system only covered public employees.
Response by Delegation
On education, nine years of basic education was free and universal to all children of Rwanda, the delegation said. It was hoped to make all education free through the university level, but the Government was not in a position to do that at this moment. First of all, they had to empower the nine-year basic education so that a girl child who finished that education was ready to go on to technical schools or further education. They needed university graduates, but they needed technical workers, too.
As for the low completion rates, at 52 per cent, the delegation noted that the figures did not count children who had repeated a grade, even if they had repeated only once. The high repetition rate was the cause of the low completion rates. Moreover, it was not really possible to eliminate the high repetition rate at this moment. The causes of dropout included trauma, because some of the kids were born from traumatized mothers or parents and they needed a very empowered counselling system. They were continuing to empower the medical and counselling system so that they could be decentralized.
As for girls' high representation in private universities versus low representation in public universities, there it was necessary to look at the past practice, the delegation said. Before the genocide, girls were often excluded from school. Also, there were higher numbers of women attending university in the cities, and that was where the private universities were.
Most illiterate women were over 40 years old. Young people now were able to read and write because of advocacy and the many programmes in place. There was also a policy on special needs education, for the disabled, the especially talented, and older students. It was important to note that in addition to the education for all policy, there was a separate girls' education policy, to ensure that girls received enough attention in this area. There was also a prize awarded for highest achievement of a girl in the field of science, the delegation added.
Regarding the education of refugee children, the delegation said that the children in the camps had a right to education. Rwanda was building schools near the camps. They were not excluded. If they wanted to go to higher education, the United Nations Refugee Agency was paying for it. Most of them finished their education.
While there was not a specific law against sexual harassment, it was mentioned in the Civil Code, the delegation noted.
As for advocacy for women working in the private sector, the delegation said that this remained to be addressed. They needed to look at the statistics and to formulate a plan.
On the question of women's awareness of their labour rights, the delegation noted that labour laws had been translated into Kinyarwanda and Kiswahili, as well as English and French
To address gender-based violence, one campaign had been to create radio dramas on gender-based violence, which were broadcast widely.
Regarding health issues and women, there had been new statistics, for 2008, but they had not yet been officially published. But the numbers showed good trends, and it was promised that the next report would contain sufficiently up-to-date statistics to reflect that.
There was training for midwives, including for traditional midwives. Some help was being received for this from the United Nations Children's Fund (UNICEF). The United Nations Population Fund was also assisting in the country with work on sexual and reproductive health. Other United Nations agencies, like the United Nations Women's Fund (UNIFEM), were less visible.
Maternal mortality and population growth were still high, the delegation recognized, because many of the contraceptives that women were using required their partner's consent. For men who were not gender sensitive, they did not consent. But they had to continue their education in this sector. Hospitals and pharmacies were the main sources of contraceptives. Talking about reproductive health was still "taboo" between parents and children in Rwanda. For that reason, the Government was using the radio to send out messages.
To change attitudes, the Government was putting those who had issues on the population board, so that they were responsible themselves. They were working together with civil society and faith-based organizations to pass the message that addressing the high population growth rate was essential.
"Rwanda is not a country of rapers", the delegation underscored. Girls were not raped every day in Rwanda. It was maybe one rape every three or five months. Rwandan men were not just rapers, they did other economic activities. Regarding plans related to abortion for girls, "maybe we are caring more for those who are living now than about planning to kill babies-to-come ", the delegation suggested. The main issue was education and prevention.
The social security fund was not just for public employees. It was a must for every employer – private and public – and all employees contributed to the fund.
Responding on a query as to what extent the Government was addressing the problems of poverty for women, the delegation said that the Government had a programme to empower rural women, providing cows to rural families that would also provide milk products to address women's malnutrition.
Follow-up Questions by Experts
Experts asked a number of follow-up questions, including whether a link was being made between maternal mortality and clandestine abortion, and if there was any public debate on that issue; whether a woman could still receive health services after undergoing a clandestine abortion; whether health care services to elderly were free, and whether there were home-based services for the elderly; and who was included in the national health insurance scheme, and what it covered.
Several Experts expressed serious concern about the high maternal mortality rate. In its written replies, Rwanda had said it was off-track to reach the Millennium Development Goal with regard to maternal mortality by 2015. In that regard, it was asked what were the main obstacles facing that goal?
Further questions included what role rural women played in decision-making; concern over a statistic that over 90 per cent of women lived in rural areas and that over 90 per cent of those living in rural areas were unemployed, which gave rise to the supposition that women were not being paid for their work; the number and situation of women in prison; whether there were any women in prison for the crimes of adultery, concubinage or abortion; given discrepancies on statistics on rape, how was the Government encouraging women to report such crimes; and whether there were cases of female genital mutilation in Rwanda.
Although the rate of HIV/AIDS infection was low in Rwanda as compared with the rest of the subregion, an Expert was concerned that Rwanda's prevention strategy in that regard, which was based on abstinence and condom use, did not take into consideration the particular vulnerabilities of women, who were often unable to negotiate for condom use. And, in fact, there was a very low rate of condom use in Rwanda – just 3 per cent.
Response by Delegation
Responding to these and other questions, the delegation, with regard to illegal abortions, said women who had complications from such abortions and went to the hospital would receive health services. However, they would be asked details about the illegal abortion.
On HIV/AIDS, there were special units in hospitals to deal with sexually transmitted diseases, including HIV/AIDS, as well as television and radio programmes to tackle those issues.
Health care for breast cancer and osteoporosis was not very well developed in Rwanda yet. They would look to partners and neighbours to help them to address those issues in future.
Regarding health insurance, every citizen was required to contribute. For the most needy and the most vulnerable citizens, the Government paid their contributions for them. Everyone had to be issued a health insurance card. The contributions were really very, very low for the services. It was about the equivalent of $ 2 for the whole year.
The social security fund used to be for employees. But the new social security fund would become a true fund and help to combat extreme poverty.
The reasons behind continuing high maternal mortality rates included the lack of competent medical workers and the great distances between communities and hospitals. The genocide had eradicated everything – including hospitals. Rwanda had to start from scratch again. There had been no survey to see whether illegal abortions were behind the high maternal mortality rate. The delegation was sure, in any case, that, even if there were illegal abortions, they did not play a role in the high maternal mortality rate. They had no numbers on these abortions exactly because they were illegal.
On decision-making, the delegation noted that many decisions were now being taken at the rural level, and women were really participating in those rural decentralized organs, including the Gacaca courts, where women made up 65 per cent of the participants.
As for maternity leave for women working in agriculture, the delegation said that women and men working in agriculture were considered to be self-employed. So they simply took maternity leave.
There were women in prison, and they had some statistics, though it was not broken down by what crimes women had committed.
Female genital mutilation was not a problem in Rwanda, the delegation concluded.
Questions by Experts
Further questions included a need for clarification on laws regarding women's right to chose their employment, and a law that seemed to say women had to live in their husband's home; information on the different marriage regimes, and what inheritance rights women had under the different regimes, or if the marriage had not been formally registered; and whether there was any plan to draft a comprehensive law on marriage and divorce in line with the Convention.
Response by Delegation
There were three marriage regimes in Rwanda: community of property acquired before marriage; community of property acquired after marriage; or separation of property. The residence of the husband becoming the wife's residence, and the custody of children laws were among those that had been held to be discriminatory and were now changed. Marriages did have to be registered, but there were strategies to encourage registration, including organizing mass marriages to lower costs.
Concluding Remarks
JEANNE D’ARC MUJAWAMARIYA, Minister of Gender and the Promotion of the Family of Rwanda, in concluding remarks, said that Rwanda was a Government of political will, a Government and a country that wanted to promote and respect women's rights, which were human rights. The delegation thanked the contribution of the Committee in that regard. Rwanda was committed to putting into action all the Committee's recommendations, and the Committee would see in Rwanda's next report how the noble activities of the Committee were being reflected in the life of Rwandan women.
Also in some preliminary concluding observations, NAELA GABR, Chairperson of the Committee, thanked the delegation for their replies. She recognized the difficult circumstances that Rwanda had faced and was still facing today. Among concerns, the education of women was of vital importance. Women's health, knowledge and awareness of their rights, family planning, and awareness of communicable diseases such as HIV/AIDS, were all major issues, and the Government had a responsibility to bear despite the challenges it faced. The question of stereotypes was likewise important, although it was noted that some progress had been achieved. Violence against women, including domestic violence, was a further matter for concern. Finally, it was noted that women's work was carried out predominantly in the informal sector.
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For use of the information media; not an official record
4 February 2009
The Committee on the Elimination of Discrimination against Women today considered the combined fourth to sixth periodic report of Rwanda on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Jeanne D’Arc Mujawamariya, Minister of Gender and the Promotion of the Family of Rwanda, introducing the report, observed that, through inclusive policies, politics and strategies, the Government was committed to the development and empowerment of women, as part of a vision of a united, democratic and prosperous Rwanda. Rwanda was a place where women and men, girls and boys enjoyed the same rights. Education was obligatory and free, and all programmes were implemented without any gender-based discrimination. Also, the national Constitution said that all citizens had the right to choose an employment and that all people with the same function and competence had to get the same salary, without discrimination. With regard to politics, women represented 56.2 per cent in Parliament, 36 per cent in Government, 50 per cent on the Supreme Court and 40 per cent in local Government. The Government had also amended laws that had been discriminatory, and now both parents could pass on Rwandan nationality to their children.
Talking about the way forward, Ms. Mujawamariya said that one important part was the prosecution of the genocide perpetrators and the rehabilitation of the memory of the victims, the majority of whom had been women. Addressing gender-based violence was also an important task they were pursuing and they were establishing gender-based violence shelters jointly with civil society.
Committee Experts asked a number of questions and raised concerns, including a lack of information on laws and measures to prevent human trafficking; the fact that adultery, concubinage, abortion, adultery and prostitution were criminalized in Rwanda, as well as that there were no laws punishing sexual harassment; and high maternal mortality rates. Many questions turned on the aftermath of the 1994 genocide and plans to address those crimes, as the majority of the victims were women. In particular, it was asked what had been done to include women in the process of prosecution and what protection was offered to victims and witnesses of sexual violence during the genocide.
In preliminary concluding observations, Naela Gabr, Committee Chairperson, recognized the difficult circumstances that Rwanda had faced and was still facing today. Among concerns, the education of women was of vital importance. Women's health, knowledge and awareness of their rights, family planning, and awareness of communicable diseases such as HIV/AIDS, were all major issues, and the Government had a responsibility to bear despite the challenges it faced. The question of stereotypes was likewise important, although it was noted that some progress had been achieved. Violence against women, including domestic violence, was a further matter for concern.
The delegation of Rwanda also included representatives of the Gender and Family Ministry, the Permanent Mission of Rwanda to the United Nations Office at Geneva, the Beijing Secretariat and the National Commission for the Rights of the Person. As one of the 185 States parties to the Convention, Rwanda is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
The next meeting of the Committee will be at 12 p.m. on Friday, 6 February, when it will adopt its concluding observations on reports reviewed over the past three weeks, before officially closing its forty-third session.
Report of Rwanda
The combined fourth, fifth and sixth report of Rwanda (CEDAW/C/RWA/6) says that the genocide that gripped Rwanda in 1994 negated the most fundamental values of human society, and the role played by the authorities in these inhuman acts highlighted their failure to provide responsible leadership and to champion the values of humanism, tolerance, justice and peace. These grave violations of fundamental human rights resulted from a sectarian ideology, and they had terrible consequences not only for their direct victims but for the whole of Rwandan society. Firm justice must be meted out to those responsible for those crimes, while ensuring education about human rights, if the Rwandan people are to be reconciled and to live together in a climate of dialogue, tolerance and peace. The Government is thus determined to prosecute these acts in order to root out the culture of impunity and the ideology of genocide. The Gacaca courts that were instituted in 2001 are already operational in part, and they will soon be functioning throughout the country.
The report also notes, with regard to sexual violence, that it is important to distinguish between the sexual violence perpetrated during the course of the genocide and that which occurred subsequently, and between sexual violence against adult women and that committed against children in recent times. During the 1994 genocide, rape was used as a weapon and as a means of inflicting pain and humiliation on the victims. The rapes committed during that time were accompanied by torture of indescribable savagery. Several laws were adopted to address the issue of sexual violence during the genocide. All these laws recognize the exceptional nature of sexual violence committed during the 1994 genocide. Thus, persons found guilty of rape or sexual torture incur either the death penalty or life imprisonment, or imprisonment of 25 to 30 years. For sexual violence subsequent to the genocide, committed against female adults, the Criminal Code provides the following punishment: imprisonment of 5 to 10 years for rape or death penalty if the rape resulted in the death of the victim.
The report notes that the patriarchal system of traditional Rwandan society gave men pre-eminence over women, and the birth of a boy was preferred over the birth of a girl. A son was regarded as a guarantee that the family and the clan would survive through his offspring, and conversely the value of the daughter would be signed away when she left the family to marry. She could not inherit her family's property, and she was considered a burden on her family if she became a single mother or a widow, or was repudiated. Yet, relegated to the background as she was, the woman played an important role. She was her husband's right hand, and she advised him when it came to important decisions, for she followed the country's political life closely. Women were not allowed, however, a public position or voice. With evangelization, schooling, and the social and economic changes in their daily life, Rwandans have gradually adopted a different view of the roles assigned to children according to their sex. The presence of women in certain government and technical positions has modified public opinion about their abilities compared to those of men. Despite this change in attitudes, the most recent survey’s shows that the majority of Rwandans still prefer to have a boy, and that some men remain reluctant to carry out decisions taken by women.
Presentation of Report
JEANNE D’ARC MUJAWAMARIYA, Minister of Gender and the Promotion of the Family of Rwanda, noted that the rest of the delegation was still at the airport, because of visas problems. Presenting Rwanda’s report, she said that her country had had many ups and downs but it had a vision. It was a small country of Africa, but its image around the world was much bigger than its real size. Through inclusive policies, politics and strategies, the Government was committed to developing women and empowering women’s rights. All this was part of a vision of a united democratic and prosperous Rwanda. Her country was a place where women and men, girls and boys enjoyed the same rights.
After its independence in 1962, Rwanda had had a succession of political regimes characterized by ethnic and regional discrimination, and that had fostered a culture of impunity for the perpetrators of those violations. The problem of refugees had been one of the factors triggering the armed conflict of 1990 to 1994. The apex of that conflict had been the genocide of 1994, after which a Government of National Unity had been put in place. Following the fall of the regime behind the genocide, the country had had to cope with huge challenges such as disease outbreaks and internally displaced persons. Until now, Rwanda had submitted three reports before the 1994 genocide, but those were not available because they had been destroyed during the genocide and thus a verbal report had been given in 1996. The report discussed today was the first since the 1994 genocide, Ms. Mujawamariya noted.
Concerning education, it was obligatory and free and all programmes were implemented without any gender-based discrimination. Also, the national Constitution said that all citizens had the right to choose their employment and that all people with the same function and competence had to receive the same salary, without discrimination. Around 99 per cent of the population knew how HIV/AIDS was transmitted and knew at least one prevention method; however, other sexually transmissible diseases were not well known, Ms. Mujawamariya noted.
Regarding politics, the Constitution stipulated that all nationals, men and women, had the right to choose their leaders. Currently, women represented 56.2 per cent in Parliament, 36 per cent in Government, 50 per cent on the Supreme Court and 40 per cent in local Government. Ms. Mujawamariya also noted that Rwanda had amended laws that had been discriminatory, and now both parents could pass their Rwandan nationality on to their children.
Talking about the way forward, Ms. Mujawamariya said that one important part was the prosecution of the perpetrators of genocide and rehabilitating the memory of the victims, the majority of whom had been women. Addressing gender-based violence was also an important task they were pursuing and they were establishing gender-based violence shelters jointly with civil society.
Questions by Expert
Experts asked a number of questions and made remarks and one Expert noted that unfortunately no non-governmental organizations could be present at this meeting as they had also had problems with visas and thus the Committee had not had the opportunity to hear from them. Could the delegation elaborate on the question of the Government’s collaboration with civil society? Also, how was it possible that the country still had discriminatory laws in place if the Convention was prevailing over national law?
On the prosecution of the genocide, one Expert asked if it was possible to have concrete information on the measures the State party had undertaken to include women in the process of prosecution, in the special tribunals as well as in the Gacaca courts. What measures had they taken to ensure fair trials? What protection was offered to victims and witnesses of sexual violence during the genocide? How did they help foreign witnesses and victims that had been present in refugee camps during the genocide? Concerning the situation of children soldiers, information from the Committee on the Rights of the Child showed that some of the former soldiers, especially girls, were not being given enough attention for their reinsertion in social life. Also, information showed that children were currently being abducted in refugee camps to serve as child soldiers in the conflict in the Democratic Republic of the Congo. Could the delegation elaborate on these issues?
Concerning the use of temporary measures, another Expert welcomed the setting of minimum quotas at the political level. Were such measures also planned in other areas where women were still underrepresented? What dialogue had the Government had with the private sector to ensure the equal representation of women and their representation at the managerial level? Were there any temporary measures also being planned in the education area? It was important to adopt a life-cycle perspective to achieve the equal representation of women at all levels, starting with education?
Response by Delegation
In their responses, the delegation said that all international conventions that had been ratified by Rwanda were considered more than just laws. If somebody did not observe the Convention he could be brought before a court. Rwanda respected the Convention the same way they respected their own Constitution. The Convention came right after the Constitution in terms of hierarchy.
Turning to the issue of the presence of NGOs at the current meeting, the delegation said that the Committee had not issued any invitation to them and no help was being offered for them to attend the meeting, as was indicated on the Committee’s website. If they had gotten some help, they would surely have been present today. Also, it was not true that women had to ask their husband to get credit, there were no laws requiring this and a woman could do this without problems.
Concerning the procedures on the genocide, the delegation indicated that women were involved in it, as there were female Supreme Court judges. However, hunting the perpetrators of the genocide should not be a women-only procedure and should include everyone, men and women. Women were also less corruptible that men and Rwanda was proud of its female judges. Victims were testifying through special cameras, so that the woman could be protected and not recognized.
Turning to the issue of child soldiers, the delegation noted that there were none in Rwanda. The information the Committee was referring to was linked to a former report which had not been drafted by the current Rwandan administration and included 15-year-old information. Concerning former child girl soldiers and their access to social help, the delegation noted that all children in Rwanda had the right to access free education and had the right to have medical insurance; they were not excluding anybody. Those former girl soldiers were now grown up women and the Government was helping them to cope with psychological trauma. Also, there were currently no refugee camps for Rwandese and Rwanda and the only refugees were foreigners. Refugees from the Democratic Republic of the Congo were being offered education. What Rwanda offered to its own children was also offered to refugees of other countries.
The Convention was a legal document and Beijing was an action plan to implement the Convention and Rwanda used this document to do so. The Rwanda Beijing Secretariat was attached to the Ministry of Gender, noted the delegation. Concerning employment, the private sector had understood the important role women were playing and had put in place a special chamber for women entrepreneurs and loans were being offered to young entrepreneur women with the help of the Government.
Questions by Experts
The Chairperson of the Committee noted, on the question of the participation of civil society, that the Committee did not invite non-governmental organizations, however they were invited to send information to the Committee on the county reports it was considering on the report. Also, the process for application to attend the session allowed for very broad participation by civil society as consultative status with Economic and Social Council was not required.
One Expert underscored the major improvements in Rwanda, as a few years ago women had not had the right to speak publicly and today the Rwandese delegation was led by a woman. One Expert noted that organizations made of widows of the genocide were calling to change the law so that it not only addressed sexual violence but more generally gender violence. This was important. Did the State party plan to address this issue?
With regard to trafficking, the report did not provide enough information on laws and measures to prevent this phenomenon. In the State’s written replies it was shown that Rwanda had acceded to several international instruments to fight international crime and a draft bill on the subject was before Parliament. Also, the report noted that this type of crime had not reached the country. However information noted that Rwanda hosted thousands of refugees as well a number of asylum seekers and that trafficking in women for sexual exploitation was a problem. What did the State party plan to further address this issue?
On the issue of prostitution one Expert noted that it was illegal in Rwanda and asked what the role of the police was in this regard. Was there a special police unit dealing with women and children? Did they have women police officers? What programmes were being offered to women who wanted to leave prostitution? How did the country deal with clients?
Response by Delegation
Answering the questions, the delegation noted that, concerning violence against women, they were collaborating with the other countries in the East African region to address this issue and were looking into best practices. On trafficking, there was a bill currently before parliament on the issue of the fight against trafficking. Strategies and plans of actions would have to be put in place to tackle this issue, but most importantly they would have to first find out to what extent this problem was occurring in Rwanda.
Concerning sex workers, the Government organized workshops for them, organized them into economic associations and cooperatives and gave them funds to help them start their own businesses to bring them out of prostitution.
Turning to the issue of asylum seekers and refugees, the delegation noted that the majority came from Burundi. People were leaving Burundi because of the drought there, but they were cross-border refugees, did not ask for asylum and most of the time they were going back and forth between the two countries. This situation was a source of insecurity and violence and posed a risk in the border region. They did not however have figures on the percentage of women in this group of people.
Concerning the number of female students in Rwanda, the delegation said that in 2006, out of around 16,000 university students, around 4,000 were women. In private universities, out of around 20,000 students, more than 10,000 were girls. Most of the female students attended private universities.
Questions by Experts
In follow-up question, Experts asked whether the law on gender equality had generally and substantively helped to change the social status of women. Also, how was the State party working with the younger generation to remember the genocide and to help them understand what had happened during that period of the country’s history?
Several Experts also congratulated the delegation for the work Rwanda had undertaken in the past years, which had led to a situation where men had now become gender sensitive. Turning to the visibility of the Convention, one Expert noted that the lack of visibility of the Convention was reflected in the few number of court cases in which the Convention had been mentioned. What did the State party do in order to increase the visibility of the Convention and to train judges on the subject?
One Expert noted that adultery, concubinage, abortion, adultery and prostitution were criminalized in Rwanda. Could the delegation elaborate on this subject? Also what was the situation of women and girls in prison, as women were surely also charged with such offenses? What was the situation of Rwandese refugee returnees or internally displaced persons returnees, especially women? What was the status of the ratification of the Convention’s Optional Protocol? Also, regarding sexual harassment, there were no laws punishing and criminalizing it, could the delegation elaborate on this situation?
Response by Delegation
In response, the delegation said that the Convention was also cited in the Constitution of Rwanda, along with other human rights conventions. Concerning the measures undertaken to disseminate the Convention, the delegation said that it had been translated in their national language, so that it was available for people who did not understand French or English. All international conventions had also been translated and sent out to all district levels. They had also engaged civil society in this process.
Concerning the criminalization of certain offenses, the delegation said that Rwanda criminalized concubinage because most of the time in such cases there was an abuse of the right of the partner and the right of the children. No mater if it was the man or the woman who was guilty. Abortion and adultery were also criminalized. These measures had mainly been taken to prevent abortion as these situations often resulted in unwanted pregnancies.
On the issue of women returnees, the delegation said that they were not discriminated against in any form and they were included in social activities, so that they could help and collaborate in the development of the country. Concerning the preparation of the report, the delegation noted that civil society had collaborated in its preparation as well as the private sector which had been represented by the Chamber of Women. The report had had the backing of all stakeholders in the country.
Questions by Experts
Turning to articles seven to nine of the Convention, one Expert noted that Rwanda had become, in a few years, the world leader in women representation in Parliament and had even beaten Sweden. But they also needed to get seats elsewhere. At the local level, the representation of women was of only 40 per cent; more efforts needed to be made as women who had had experience at the local level had more chances to be elected at the national level.
Concerning the justice system, the Expert noted that at the level of courts there was often prefect parity as for example in the commercial court, with a 50/50 representation. What international aid had Rwanda obtained from the big countries, which had engaged themselves to give financial help during the Beijing Summit? What was the amount Rwanda had received? Also, what was the status of a woman marrying a foreigner; could she transmit her nationality to her foreign husband?
Response by Delegation
The delegation agreed that 40 per cent representation of women at the local level of government was still too low. They had to do better.
On nationality, the Constitution said that a woman could pass on her nationality to her children and to a foreign husband. If a foreign husband wished to take on Rwandan nationality, there were no restrictions on that.
Further Questions by Experts
On education, an Expert highlighted that, while Rwanda had a high primary enrolment rate, the completion rate was only 52 per cent. That begged the question, what was the rate of dropout for girls and what was being done to ensure female literacy? There was also a continuing preference expressed by society for sending boys, rather than girls, to school. What was being done to combat that prejudice in favour of boys?
Turning to employment issues, an Expert noted that the percentage of women working in the agricultural sector was growing, while male participation in that area was decreasing. He asked what percentage of those working in the agricultural sector received social benefits, and whether the work they did was regulated under the Labour Code. Further, what was going to be done to address the fact that, in the private sector, women only received two-thirds pay during maternity leave. Finally, while women were well represented at higher levels in the public sector, were there any plans to improve the percentage of women in highly skilled and senior management positions in the private sector, as well as to enter areas that women were traditionally not very visible in, such as technology and science?
On health issues, an Expert was concerned about the very high maternal mortality rate and asked if that rate had remained the same and what was being done to address it. In particular, were there any programmes to address the fact that pregnant women were at a high risk of suffering from malnutrition. She asked how many health care providers there were nationwide, but especially in the rural areas. Further, what was being done to ensure that women had access to contraception and information on family planning, and had there been any awareness-raising campaigns to change attitudes about this issue, in particular men's attitudes about contraception? And what was being done to ensure that women victims of sexual violence received medical care and counselling?
Regarding the intention to amend the social security law to further extend coverage to Rwandans, an Expert asked for more details of what stage the draft legislation was on and what it contained. Today, it appeared that the social security system only covered public employees.
Response by Delegation
On education, nine years of basic education was free and universal to all children of Rwanda, the delegation said. It was hoped to make all education free through the university level, but the Government was not in a position to do that at this moment. First of all, they had to empower the nine-year basic education so that a girl child who finished that education was ready to go on to technical schools or further education. They needed university graduates, but they needed technical workers, too.
As for the low completion rates, at 52 per cent, the delegation noted that the figures did not count children who had repeated a grade, even if they had repeated only once. The high repetition rate was the cause of the low completion rates. Moreover, it was not really possible to eliminate the high repetition rate at this moment. The causes of dropout included trauma, because some of the kids were born from traumatized mothers or parents and they needed a very empowered counselling system. They were continuing to empower the medical and counselling system so that they could be decentralized.
As for girls' high representation in private universities versus low representation in public universities, there it was necessary to look at the past practice, the delegation said. Before the genocide, girls were often excluded from school. Also, there were higher numbers of women attending university in the cities, and that was where the private universities were.
Most illiterate women were over 40 years old. Young people now were able to read and write because of advocacy and the many programmes in place. There was also a policy on special needs education, for the disabled, the especially talented, and older students. It was important to note that in addition to the education for all policy, there was a separate girls' education policy, to ensure that girls received enough attention in this area. There was also a prize awarded for highest achievement of a girl in the field of science, the delegation added.
Regarding the education of refugee children, the delegation said that the children in the camps had a right to education. Rwanda was building schools near the camps. They were not excluded. If they wanted to go to higher education, the United Nations Refugee Agency was paying for it. Most of them finished their education.
While there was not a specific law against sexual harassment, it was mentioned in the Civil Code, the delegation noted.
As for advocacy for women working in the private sector, the delegation said that this remained to be addressed. They needed to look at the statistics and to formulate a plan.
On the question of women's awareness of their labour rights, the delegation noted that labour laws had been translated into Kinyarwanda and Kiswahili, as well as English and French
To address gender-based violence, one campaign had been to create radio dramas on gender-based violence, which were broadcast widely.
Regarding health issues and women, there had been new statistics, for 2008, but they had not yet been officially published. But the numbers showed good trends, and it was promised that the next report would contain sufficiently up-to-date statistics to reflect that.
There was training for midwives, including for traditional midwives. Some help was being received for this from the United Nations Children's Fund (UNICEF). The United Nations Population Fund was also assisting in the country with work on sexual and reproductive health. Other United Nations agencies, like the United Nations Women's Fund (UNIFEM), were less visible.
Maternal mortality and population growth were still high, the delegation recognized, because many of the contraceptives that women were using required their partner's consent. For men who were not gender sensitive, they did not consent. But they had to continue their education in this sector. Hospitals and pharmacies were the main sources of contraceptives. Talking about reproductive health was still "taboo" between parents and children in Rwanda. For that reason, the Government was using the radio to send out messages.
To change attitudes, the Government was putting those who had issues on the population board, so that they were responsible themselves. They were working together with civil society and faith-based organizations to pass the message that addressing the high population growth rate was essential.
"Rwanda is not a country of rapers", the delegation underscored. Girls were not raped every day in Rwanda. It was maybe one rape every three or five months. Rwandan men were not just rapers, they did other economic activities. Regarding plans related to abortion for girls, "maybe we are caring more for those who are living now than about planning to kill babies-to-come ", the delegation suggested. The main issue was education and prevention.
The social security fund was not just for public employees. It was a must for every employer – private and public – and all employees contributed to the fund.
Responding on a query as to what extent the Government was addressing the problems of poverty for women, the delegation said that the Government had a programme to empower rural women, providing cows to rural families that would also provide milk products to address women's malnutrition.
Follow-up Questions by Experts
Experts asked a number of follow-up questions, including whether a link was being made between maternal mortality and clandestine abortion, and if there was any public debate on that issue; whether a woman could still receive health services after undergoing a clandestine abortion; whether health care services to elderly were free, and whether there were home-based services for the elderly; and who was included in the national health insurance scheme, and what it covered.
Several Experts expressed serious concern about the high maternal mortality rate. In its written replies, Rwanda had said it was off-track to reach the Millennium Development Goal with regard to maternal mortality by 2015. In that regard, it was asked what were the main obstacles facing that goal?
Further questions included what role rural women played in decision-making; concern over a statistic that over 90 per cent of women lived in rural areas and that over 90 per cent of those living in rural areas were unemployed, which gave rise to the supposition that women were not being paid for their work; the number and situation of women in prison; whether there were any women in prison for the crimes of adultery, concubinage or abortion; given discrepancies on statistics on rape, how was the Government encouraging women to report such crimes; and whether there were cases of female genital mutilation in Rwanda.
Although the rate of HIV/AIDS infection was low in Rwanda as compared with the rest of the subregion, an Expert was concerned that Rwanda's prevention strategy in that regard, which was based on abstinence and condom use, did not take into consideration the particular vulnerabilities of women, who were often unable to negotiate for condom use. And, in fact, there was a very low rate of condom use in Rwanda – just 3 per cent.
Response by Delegation
Responding to these and other questions, the delegation, with regard to illegal abortions, said women who had complications from such abortions and went to the hospital would receive health services. However, they would be asked details about the illegal abortion.
On HIV/AIDS, there were special units in hospitals to deal with sexually transmitted diseases, including HIV/AIDS, as well as television and radio programmes to tackle those issues.
Health care for breast cancer and osteoporosis was not very well developed in Rwanda yet. They would look to partners and neighbours to help them to address those issues in future.
Regarding health insurance, every citizen was required to contribute. For the most needy and the most vulnerable citizens, the Government paid their contributions for them. Everyone had to be issued a health insurance card. The contributions were really very, very low for the services. It was about the equivalent of $ 2 for the whole year.
The social security fund used to be for employees. But the new social security fund would become a true fund and help to combat extreme poverty.
The reasons behind continuing high maternal mortality rates included the lack of competent medical workers and the great distances between communities and hospitals. The genocide had eradicated everything – including hospitals. Rwanda had to start from scratch again. There had been no survey to see whether illegal abortions were behind the high maternal mortality rate. The delegation was sure, in any case, that, even if there were illegal abortions, they did not play a role in the high maternal mortality rate. They had no numbers on these abortions exactly because they were illegal.
On decision-making, the delegation noted that many decisions were now being taken at the rural level, and women were really participating in those rural decentralized organs, including the Gacaca courts, where women made up 65 per cent of the participants.
As for maternity leave for women working in agriculture, the delegation said that women and men working in agriculture were considered to be self-employed. So they simply took maternity leave.
There were women in prison, and they had some statistics, though it was not broken down by what crimes women had committed.
Female genital mutilation was not a problem in Rwanda, the delegation concluded.
Questions by Experts
Further questions included a need for clarification on laws regarding women's right to chose their employment, and a law that seemed to say women had to live in their husband's home; information on the different marriage regimes, and what inheritance rights women had under the different regimes, or if the marriage had not been formally registered; and whether there was any plan to draft a comprehensive law on marriage and divorce in line with the Convention.
Response by Delegation
There were three marriage regimes in Rwanda: community of property acquired before marriage; community of property acquired after marriage; or separation of property. The residence of the husband becoming the wife's residence, and the custody of children laws were among those that had been held to be discriminatory and were now changed. Marriages did have to be registered, but there were strategies to encourage registration, including organizing mass marriages to lower costs.
Concluding Remarks
JEANNE D’ARC MUJAWAMARIYA, Minister of Gender and the Promotion of the Family of Rwanda, in concluding remarks, said that Rwanda was a Government of political will, a Government and a country that wanted to promote and respect women's rights, which were human rights. The delegation thanked the contribution of the Committee in that regard. Rwanda was committed to putting into action all the Committee's recommendations, and the Committee would see in Rwanda's next report how the noble activities of the Committee were being reflected in the life of Rwandan women.
Also in some preliminary concluding observations, NAELA GABR, Chairperson of the Committee, thanked the delegation for their replies. She recognized the difficult circumstances that Rwanda had faced and was still facing today. Among concerns, the education of women was of vital importance. Women's health, knowledge and awareness of their rights, family planning, and awareness of communicable diseases such as HIV/AIDS, were all major issues, and the Government had a responsibility to bear despite the challenges it faced. The question of stereotypes was likewise important, although it was noted that some progress had been achieved. Violence against women, including domestic violence, was a further matter for concern. Finally, it was noted that women's work was carried out predominantly in the informal sector.
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