Civil Society Organizations Brief the Committee on the Elimination of Discrimination against Women on the Situation of Women in Türkiye, Portugal, Azerbaijan and Namibia

The Committee on the Elimination of Discrimination against Women this afternoon heard from representatives of non-governmental organizations and a national human rights institution about the situation of women’s rights in Türkiye, Portugal, Azerbaijan and Namibia, whose reports the Committee will review this week.

In relation to Türkiye, Şeref Malkoç, Chief Ombudsman of Türkiye, called on the State to perform risk assessments and take necessary measures in response to complaints of domestic violence. Non-governmental organizations raised a number of issues, including the Government’s withdrawal from the Istanbul Convention, and a lack of legal recognition for lesbian, gay, bisexual, transgender and intersex persons in Turkish legislation.

Non-governmental organizations speaking on Portugal raised a number of issues, including a lack of legislation prohibiting rape; a shortage of staff in obstetric medical institutions; gaps between the legal aid, housing and social services provided to men and women who used drugs; and an increase in violence against women and girls with disabilities.

On Azerbaijan, non-governmental organizations raised a number of issues, including gender inequalities in education, employment, political participation, and access to information and communication technologies; a low percentage of female participation in parliament; and girls living in rural areas being forbidden by their parents from participating in formal education.

Concerning Namibia, non-governmental organizations raised a number of issues, including women with disabilities’ high unemployment rate and limited access to housing and electricity, and oil and gas exploration in the Kavango regions affecting the livelihoods of women and girls in the region.

The Chief Ombudsman of Türkiye spoke on Türkiye, as did the following non-governmental organizations: the Executive Committee for the Non-Governmental Organization Forum on the Convention on the Elimination of Discrimination against Women; Lesbian, Gay, Bisexual, Transgender and Intersex Equal Rights Association for the Western Balkans and Türkiye; Musawah; Havle Women’s Association; International Association for Human Rights Advocacy; and International Commission of Jurists.

The following non-governmental organizations spoke on Portugal: Portuguese Platform for Women’s Rights, Women and Harm Reduction International Network, and the Observatory on Disability and Human Rights.

The following non-governmental organizations spoke on Azerbaijan: Women's Association for Rational Development; Gender Hub Azerbaijan; Women and Modern World Social Charitable Centre; and Nafas Lesbian, Gay, Bisexual and Transgender Azerbaijan Alliance and Azad Lesbian, Gay, Bisexual and Transgender Collective.

The following non-governmental organization spoke on Namibia: Namibian Association of Differently Abled Women, and Saving Okavango's Unique Life.

The Committee on the Elimination of Discrimination against Women’s eighty-second session is being held from 13 June to 1 July. All the 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 here.

The Committee will next meet at 10 a.m. on Tuesday, 14 June to start its consideration of the tenth periodic report of Portugal (CEDAW/C/PRT/10).

Opening Remarks by the Chair

GLADYS ACOSTA VARGAS, Chairperson of the Committee, said that this was the first opportunity during the present session for non-governmental organizations and national human rights institutions to provide country-specific information on the implementation of the Convention by the States parties whose reports would be considered during the first week of the session, namely Portugal, Türkiye, Azerbaijan and Namibia. A second remote meeting would take place on 20 June from 3:45 to 5:00 p.m., when they would be invited to provide country-specific information on the States parties whose reports would be considered during the second week of the session, namely United Arab Emirates, Morocco, Mongolia and Bolivia.

Statement by Chief Ombudsman of Türkiye

ŞEREF MALKOÇ, Chief Ombudsman of Türkiye, said that workshops on women’s rights, refugee rights, and COVID-19 prevention measures had been held by the Ombudsman between 2017 and 2020. The Ombudsman had also carried out visits of institutions where persons deprived of their liberty were held, meticulously examining places where women and children were accommodated. The Ombudsman further established Student Clubs within higher education institutions to spread the culture of seeking legal remedies among youth.

The Ombudsman encouraged authorities to perform risk assessments and take necessary measures in response to complaints of domestic violence. It called for a social services expert and a psychologist to be employed within the Ombudsman to respond to such complaints. It further called for the reform of the delivery of public services to reach women in their homes in the context of the COVID-19 pandemic. The Ombudsman was aware of the need to protect all women, especially those in ther vulnerable groups, from all kinds of discrimination, and especially violence.

Questions from Committee Experts

A Committee Expert asked about measures for preventing stereotypes in the education system, measures for supporting students during COVID-19 lockdowns, and measures for supporting victims of trafficking.

Another Committee Expert said that arbitrary arrests had increased during the last reporting period. What support did the Ombudsman need to engage with the Government on this issue?

Another Committee Expert asked how the State proposed to tackle violence against women when it did not respect the Istanbul Convention. The Expert noted that the National Human Rights Institute did not conform to the Paris Principles, and asked whether there were plans to reform it?

Another Committee Expert asked what the Ombudsman’s position was regarding honour killings?

Responses from Chief Ombudsman of Türkiye

ŞEREF MALKOÇ, Chief Ombudsman of Türkiye, said that the Ombudsman was an institution that did respect the Paris Principles. The Ombudsman was committed to supporting education on positive masculinity in schools. It would respond to other questions in writing.

Discussion with Non-Governmental Organizations on Portugal, Türkiye, Azerbaijan and Namibia

On Portugal, Portuguese Platform for Women’s Rights highlighted three major concerns: erosion of women’s rights and of women as a specific political subject; lack of specific funding for women’s rights measures and lack of gender mainstreaming; and lack of knowledge and awareness on women’s human rights and on the international commitments of Portugal.

Legislation and policies on fighting violence in Portugal were gender neutral and ignored the asymmetric power relations between women and men. Access to free legal aid was still dependent on household income. During the pandemic, increasing numbers of women reached out to support services on sexual violence. Rape in Portugal was not a crime of public nature, and the concept of consent was absent from the Criminal Code. Lack of sexual education in schools meant that pornography often acted as a stand-in for sexuality awareness, with devastating consequences. There were no public policies in line with the Convention.

Data from 2020 showed that the maternal mortality was the highest in 38 years. The law on abortion was not effectively implemented in all territories. Obstetric emergency services were also not widely and equally available.

Roma girls tended to drop out of school around the ages of 12 to 14. The number of women in Parliament had decreased, as had the number of female presidents of municipalities. Asymmetries were evident in the segregation of choices of education and professional activity, in career progression, in the pay gap, and in the unequal sharing of care and unpaid care work to support family life. The organization called for fully paid, non-transferable maternity and paternity leave of equal duration.

Women and Harm Reduction International Network said that there was gender blindness in policy and practice regarding the decriminalisation of drugs. Portuguese women who used drugs had been effectively excluded from the health sector. There were also gaps between the legal aid, housing and social services provided to men and women who used drugs. The organization called for meaningful community involvement and gender sensitivity in all policy and services impacting women who used drugs. It also called for violence reporting mechanisms to be made safe, effective, respectful and easily accessible by such women, and for the child custody rights of women who used drugs to be respected and upheld.

Observatory on Disability and Human Rights said that violence against persons with disabilities in Portugal remained a reality that affected predominantly girls and women with disabilities. Of reported crimes against people with disabilities, 70 per cent of the victims were women and 32 per cent of the crimes involved rape. Forced sterilisation of women with cognitive impairments still occurred in Portugal. Disaggregated data was not collected, preventing the comparison of the situation of women and girls with disabilities with others in many areas of life.

Concerning Türkiye, Executive Committee for the Non-Governmental Organization Forum on the Convention on the Elimination of Discrimination against Women said that the Government’s withdrawal from the Istanbul Convention reflected decades of regression related to human rights. The withdrawal had put domestic laws related to violence against women and girls and women’s rights laws at risk. Organizations for women and for lesbian, gay, bisexual, transgender and intersex plus persons were being closed, threatened, and outlawed while Government-organized institutions were being treated as non-governmental organizations. The organization called for the Government to urgently reverse its decision to withdraw from the Istanbul Convention and uphold its obligations to guaranteeing women’s rights and gender equality. It also called on the Government to stop oppressing organizations for women and for lesbian, gay, bisexual, transgender and intersex persons, and to take all necessary measures to eliminate violence and discrimination against women in all areas of public and private life.

Lesbian, Gay, Bisexual, Transgender and Intersex Equal Rights Association for the Western Balkans and Türkiye said that lesbian, gay, bisexual, transgender and intersex persons were not legally recognised and protected in Turkish legislation. There were high levels of discrimination and hate crimes against lesbian, gay, bisexual, transgender and intersex individuals and human rights defenders, fuelled by State-produced hate speech and de facto criminalisation. Lesbian, bisexual, transgender and intersex women in Türkiye had limited access to health, education and housing. The organization called on the State party to protect lesbian, gay, bisexual, transgender and intersex persons from hate crimes through legislation, and immediately stop all hate speech and arbitrary actions by police. It also called for health, housing, social and protection services to be made available and accessible for all, including lesbian, bisexual, transgender and intersex women.

Musawah and Havle Women’s Association said that the Turkish Civil Code allowed children aged 17 to marry with the permission of their parents. In 2020, the Turkish Parliament debated a “marry your rapist” bill. The Turkish Civil Code also provided that the “wife shall take on her husband’s surname after marriage”. The organizations called on the State party to enact legislation to raise the minimum age of marriage to 18, and prevent the resurfacing of “marry your rapist” legislation. They also called on the State party to allow women to maintain their maiden names after marriage and give their surnames to their children if they chose to do so; and to, upon divorce, allow women who had previously changed their maiden name to their husband’s name to retain that surname if they chose to do so.

International Association for Human Rights Advocacy said that measures taken by the Government, including the removal of large numbers of the judiciary, academic institutions, and civil servants, teachers included, continued to have severe adverse effects on women’s rights, the rule of law, and the independence of the judiciary. Since 2016, the level of arbitrary arrest and detention of women for alleged terrorist activities, especially for Kurdish, Gülen Movement, and left-wing women, had reached an unprecedented level. There had been a 94 per cent increase of the female carceral population between 2015 and 2022. Women in custody and detention were commonly exposed to sexual violence, including rape. The organization invited the Committee to raise the issue of arbitrary detention of women and their conditions of detention, including cases of sexual violence and rape.

International Commission of Jurists said there had been an alarming and deliberate attack against the rule of law and judicial independence in Türkiye, particularly in the context of climate change, and this had seriously eroded women’s rights to access to justice and effective remedies. The erosion of the rule of law provided space for corruption, resulting in environmental degradation, which had negative and gendered effects on the human rights of women and girls. The Commission called for measures to ensure the independence of the judiciary and the rule of law, and women’s access to justice and effective remedies to secure their human rights, including their right to a safe, clean, healthy and sustainable environment.

On Azerbaijan, Women's Association for Rational Development said that inequalities continued to exist between women and men in education, employment, political participation, access to information and communication technologies. In spite of the State regularly being affected by wars, it had no national action plan to ensure the implementation of the Women, Peace and Security Agenda. The organization called for the adoption of such a plan. It also called for the adoption of the draft law on the protection of reproductive health and family planning, stipulating the legal basis for the protection of reproductive health and access to family planning services.

In 2014, the legislation related to the registration, operation and funding of civil society organizations and donor institutions was amended. As a result, over 50 international organizations closed down their offices in Azerbaijan in 2014-2015. The organization called for the amendment of this legislation to create a favourable operational environment.

Gender Hub Azerbaijan said that the percentage of female participation in Parliament was still low, at 17 per cent. The Government had considered abolishing 700 jobs. The organization encouraged the introduction of training for women in non-typical jobs. There was a data gap and a lack of research on the situation of women, affecting the effectiveness of the national action plan on women’s rights. There were still no safe houses for survivors of domestic violence. In the past two years, the femicide rate had drastically increased. The organization recommended allocating State funds to building shelters for victims of domestic violence, and adopting a national action plan on gender equality.

Women and Modern World Social Charitable Centre said that in rural areas in Azerbaijan, many girls did not want to study or were forbidden to do so by their parents. There were places where girls were still not allowed to go to school. The organization called for measures to be taken to ensure that all girls could attend school. It also called on the State to regularly carry out awareness-raising activities on the right of girls to education; support and encourage girls and young women who had dropped out of school to continue their studies; and establish non-formal education centres, including training centres, so that they could develop and build their capacities.

Concerning Namibia, Namibian Association of Differently Abled Women said that a lack of data made it difficult to track the number of girls with disabilities attending school. Girls with disabilities had a lack of access to sanitary products and this prevented them from attending school. Women with disabilities had a high unemployment rate compared to the general unemployment rate for persons with disabilities. Most women with disabilities also had lower paying jobs. Women with disabilities also had limited access to housing and electricity, and were adversely affected by improper road facilities. Women with disabilities were also affected by climate change, but were not included in discussions on policy regarding climate change and evacuation procedures in disaster situations.

Saving Okavango's Unique Life said that a Canadian company called ReconAfrica was currently exploring for oil and gas in the two Kavango regions situated along the Kavango River in the north-eastern part of Namibia. Any contamination of natural resources in these regions by these projects would destroy the livelihoods of the local population, including San women and girls. The organization called on the Government to halt all oil and gas exploration in the Kavango regions until a comprehensive strategic environmental assessment, including social and health impacts, had been conducted. It also called for a ban on fracking for oil and gas in Namibia.

Questions from Committee Members

A Committee Expert said that the information regarding civil society in Azerbaijan was concerning. Were non-governmental organizations involved in drafting the State’s report?

Another Committee Expert said that this was a historic moment for the Committee, as it was providing sign language and captioning with the session’s webcast.

A Committee Expert said that there was a robust scheme in Portugal regarding sexual education. Why had non-governmental organizations reported that sexual education was insufficient?

One Committee Expert asked about the criminalisation of violence against women in Portugal, and about the situation of shelters run by non-governmental organizations supporting victims of trafficking.

A Committee Expert said that there were difficulties in rural areas of Azerbaijan concerning female genital mutilation. What was the extent of this problem in Azerbaijan?

What was the extent of extraction activities in Namibia?

A Committee Expert asked for additional information about child marriage and polygamy in Namibia.

Another Committee Expert asked what had been done to promote the economic empowerment of women in Türkiye? What was the situation regarding housing and decent work for refugees?

Another Committee Expert asked about the increase in maternal mortality in Portugal. What was the reason for this increase?

Responses from Non-Governmental Organizations

Responding to questions from the Committee Experts, Portuguese Platform for Women’s Rights said that equal participation in Portuguese society was not tackled in school education, and teachers were not prepared to approach sexual education beyond biological topics. Poverty was very high amongst women, as was violence against women and child abuse in the Azores region. There had been a steady increase in maternal mortality, and a study was being carried out to determine the cause. Many obstetric units did not have enough doctors and nurses to care for the number of patients that they had. The organization urged the Government to provide a scientifically-grounded explanation for the phenomenon.

Women's Association for Rational Development said that less than one quarter of civil society organizations in Azerbaijan remained after the Government’s shutdowns. The organization said it was the only non-governmental organization involved in the process of drafting the State’s report.

Twenty-three per cent of the young population were not in education or training, and over 70 per cent of that group were women. There were not many cases of female genital mutilation, but it did occur occasionally in rural villages. There was no official data on the phenomenon.