消除对妇女歧视委员会审议冈比亚的报告（部分翻译）

消除对妇女歧视委员会

2015年7月9日

消除对妇女歧视委员会今日审议了冈比亚关于其落实《消除对妇女一切形式歧视公约》条款情况的第四和第五次合并定期报告。

来自司法部长办公室和司法部的代理副检察长兼州际土地管理人伊沙图·阿尔瓦·格拉汉姆（Isatou Alwar Graham）介绍了报告，并表示，该国的多元文化特征是对社会和法律改革的干扰和障碍，从而削弱了性别平等和妇女赋权的成就。为了终结家庭环境中暴力的有罪不罚，政府已经在法律中通过了2010年《妇女法》，2013年《家庭暴力法》，以及2013年《性犯罪法》。2010年《妇女法》在2012年接受修订，它是一部综合立法，加强了妇女的人权并保护其免受歧视，并将非洲妇女权利公约和议定书的条款本地化，它还规定了要执行《推动妇女和女童进步的国家政策》中的法律条款。《妇女法》的落实在某些情况下受到了属人法与习惯法落实的限制，后两类法律规范婚姻、家庭和继承方面的内容。

委员会专家们欢迎通过2010年《妇女法》，它是寻求性别平等的重要踏脚石，他们指出，属人法的应用导致了穆斯林妇女在家庭事务中的边缘化，例如婚姻、继承、财产和儿童监护问题。专家们说，属人法的应用阻碍了《宪法》和《妇女法》的落实，迫使该进步性的法律框架只留在文字层面；伊斯兰教和妇女平权之间并无矛盾。专家敦促冈比亚更为灵活地看待伊斯兰教法，包括未能公平对待妇女的多配偶制。专家们对禁止堕胎、对缺少关于童婚和切割女性生殖器官的具体禁令表示关切，这类行为在国内依然普遍。他们称赞了女童教育方面的进步，并强调，冈比亚自1997年以来已在初等教育中实现了性别均等，不过问题在于初等教育的完成率、中等教育的入学率和城乡差异；女童的退学率依然很高，这往往由结婚造成，而且学校对女童来说仍不安全。

代表团回应了委员会专家提出的问题和意见，他们表示，妇女30%的代表率要求已在内阁达到，但这个目标仍需在国家议会——目前仅有4%的成员为女性——和地方议会中实现。关于加速废弃切割女性生殖器官行为的国家行动计划已起草完毕，该国在联合国儿童基金会和其他伙伴方的合作下已经制定了公众意识方案，非政府组织正积极地提升社区和宗教领袖的意识。2013年家庭暴力法是一部非常创新的立法，它严禁家庭暴力，并规定了家庭关系的定义，使其不仅限于婚姻关系。

冈比亚代表团包括副检察长、副总统办公室和妇女局的代表。

委员会将在7月10日（周五）上午10点再次举行公开会议，审议越南的第七和第八次合并定期报告（CEDAW/C/VNM/7-8）。

报告

冈比亚的第四和第五次合并定期报告可在此查看：CEDAW/C/GMB/4。

Presentation of the Reports

ISATOU ALWAR GRAHAM, Acting Deputy Solicitor General and Curator of Interstate, Attorney General’s Chambers and Ministry of Justice, said that the commitment of the Gambia to ending violence against women and girls was evident by its ratification of a number of important instruments, including those directly relevant to the implementation of the Beijing Declaration, including the African Charter on Human and Peoples Rights on the Rights of Women in Africa and the Solemn Declaration on Gender Equity in Africa. The President had set up a Trust Fund for girls’ education which over years had provided scholarships for thousands of girls to pursue further education up to tertiary level. The multicultural character of many of the cultures in the country was an obstacle and impediment to social and legal reforms, thereby undermining the achievement of gender equality and women empowerment. Violence against women took various forms, including sexual harassment, rape, forced prostitution, trafficking, sexual exploitation and domestic violence. Due to traditions, taboo and a deeply rooted culture of silence, many cases of violence were not reported. In order to put an end to impunity for violence in the domestic sphere, the Government had passed into law the Women’s Act 2010, the Domestic Violence Act 2013 and the Sexual Offences Act 2013.

The Women’s Act 2010 as amended in 2012 was a comprehensive piece of legislation that enforced women’s human rights and provided protection against discrimination. The Act domesticated provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Protocol on the Rights of Women in Africa, and also provided for the implementation of the legal provisions of the National Policy for the Advancement of Women and Girls. The implementation of the Women’s Act was in some instances limited by the implementation of personal laws; customary law in the Gambia included Sharia law which governed matrimony, family and inheritance, and was applicable to the majority of the people in the country. The Education Sector Strategic Plan 2006-2015 contained gender mainstreaming strategies which were geared towards minimizing educational costs, especially for girls. In order to promote the welfare and protection of women and families, the Government had enacted the Trafficking against Persons Act 2007, and the Tourism Act and Children’s Act 2005 which provided protection against sexual offences, and prohibited trafficking of children for prostitution, and kidnapping and abduction of children. The Gambia recognized the complexity and causes of violence against women and girls due to the patriarchal structure of societal norms and values, and stressed the need for adequate human and financial resources, short and long term planning and cooperation among all sectors in order to address the challenges.

Articles 1 and 2: Defining Discrimination and Obligation of States Parties

Questions from the Experts

A Committee Expert recognized the principle of equality and non-discrimination in the 1997 Constitution, and the adoption of the Women’s Bill in 2012, a major stepping stone in the quest for gender equality. However, the Constitution also recognized that personal law would be based on Sharia and traditional practices, which resulted in marginalization of Muslim women in family matters and application of a different set of laws in matters of marriage, inheritance, property, and child custody. All those issues were regulated by traditional Cadi courts, which were patriarchal institutions and presided over by men who did not have training in women’s rights or legal instruments that protected women. The definition of the child was not applicable in matters of marriage and child marriage was not prohibited. Human rights defenders often experienced intimidation and lack of protection in general.

Responses by the Delegation

The Gambia had a dual system of the law, common law and personal laws, and its population was composed of Muslims, Christians and animists. Sharia laws were applied to Muslims, and exercise of faith did not mean that there was discrimination. People were buried as per their faith, and distribution of estate was done in accordance with the wishes of the deceased, and in accordance with inheritance laws.

The Vice-President was responsible for women’s affairs, which was an indication of the recognition of the important role of women in national development. The Vice-President headed the National Women’s Council which coordinated the implementation of gender empowerment strategies. The Office of the Vice-President and the Ministry of Women were working closely with Cadis, who supported the translation of the Women’s Act in Arabic and different local languages; the act was being disseminated throughout the country via different radio stations. The Cadis were highly trained in universities in Saudi Arabia and elsewhere; they were doctors in jurisprudence and had adopted the Maliki school of thought. The Children’s Act provided prohibition against child and early marriage and it stated that no child could be taken from school for purposes of marriage.

Articles 3 and 4: Appropriate Measures and Temporary Special Measures to Combat Discrimination

Questions from the Experts

Experts asked the delegation about the gender machinery in the country and the relationship between the machinery and Parliament. The Gambia used temporary special measures to a large extent, but those were mainly applied to women in middle management, and not extended to areas of decision-making and political participation of women.

Responses by the Delegation

On administration, implementation and coordination of women’s right, the delegation said that national machinery for women’s advancement was in place, and it ensured coordination between national and local levels, and between various ministries, with civil society and gender focal points. The Vice-President was the Minister for Women’s Affairs which was an indication of the recognition of the important role of women in national development. The Ministry was responsible for the overall coordination of all stakeholders and the establishment of appropriate programmes at all levels of the Government. It also lobbied on behalf of women of the Gambia, and it mobilized resources for the implementation of the Gender Policy 2020. The Ministry provided support to gender units and focal points in other ministries, as well as technical support for gender mainstreaming in the public and the private sectors. Most of civil society organizations operated in straight cooperation with the Government.

Women from all 48 regions in the country were represented in the National Women’s Council which advised the Vice-President and the Government on women’s issues, and lobbied and advocated for policies and enactment of laws.

Despite considerable progress, the Gambia was yet to attain the required 30 per cent political representation of women; this proportion had been achieved in the Cabinet, but it still remained to be achieved in the Parliament, where only four per cent of Members were women, and in local councils. The Deputy Speaker of the National Assembly was a woman, and she was the first Deputy Chairperson of the National Women’s Council.

In a follow-up question, an Expert noted the situation of human rights defenders who reportedly were not free to express their opinion, and said that the Gambia had received several recommendations in its Universal Periodic Review concerning freedom of expression and the freedom of human rights defenders to operate.

Responding, the delegation said that there were no cases where a woman who claimed to be a human rights defender was charged, detained or convicted on the basis of exercising her fundamental right to freedom of expression or opinion. Such allegations were false.

Articles 5 and 6: Modifying Social and Cultural Patterns and Suppressing Exploitation of Women

Questions from the Experts

Female genital mutilation in the Gambia was not prohibited, and the National Action Plan to combat this practice was still to be adopted: did Gambia seek technical assistance in this regard and what was the timeframe for the adoption of the law prohibiting female genital mutilation? The Expert welcomed the adoption of the Domestic Violence Act and the Sexual Offences Act and asked about the capacity of institutions in charge of their implementation, action taken to close the existing gaps in those laws, for example definition of aggravated domestic violence, and the allocation of financial resources for the implementation of those laws.

Another Expert expressed regret that the application of personal laws hindered the implementation of the Constitution and the Women’s Act, forcing this progressive legal framework to remain just word on paper. The Expert asked about efforts to harmonize personal and customary law with the common law, particularly concerning the practice of female genital mutilation and what was being done to immediately stop this practice in rural areas.

The delegation was also asked about measures to combat violence against women, measures to increase awareness of women about their rights and the relevant laws, and the participation of women in decision-making in efforts to address violence against women. What was the link between violence against women and HIV/ADIS and what efforts were in place to rehabilitate victims of violence?

Responses by the Delegation

The National Action Plan to Accelerate the Abandonment of Female Genital Mutilation had been drafted; this harmful traditional practices was still alive in the country and was being addressed through community empowerment programmes, and teachers’ training on the dangers of female genital mutilation, while public awareness programmes had been developed in cooperation with the United Nations Children Fund and other partners. The Gambia was following the best practice adopted by Senegal in this matter and actively cooperated with non-governmental organizations to sensitize communities and religious leaders.

The Women’s Act 2010 had amended the Constitution which had been silent on issues of violence against women, and other laws had been adopted to deal with domestic violence and sexual offences. There were 11 reported cases of sexual violence and those were prosecuted and convicted. The Domestic Violence Act 2013 was a very innovative piece of legislation which prohibited domestic violence and provided protection of victims, and it provided for the definition of domestic relationship which went beyond the limits of the marital relationship. Violence in the domestic setting was no longer a private affair and the victim could lodge a complaint against the perpetrator and seek a protective order.

There was a misconception about Sharia; 95 per cent of Gambians were Muslims and Islam was a fundamental religion which promoted equitable distribution of family inheritance between the parents of the deceased, the widow and children. Muslims did not see this system as discriminatory, it was a matter of faith and religion; equally, Christians were governed by their personal laws.

Female genital mutilation was not prohibited at the moment, but the Government encouraged civil society organizations and non-governmental organizations to undertake vigorous sensitisation because the practice was deeply rooted and any law prohibiting it would not be well received. Women themselves were the ones practicing female genital mutilation and cutting and they were being sensitized on the harmful consequences of this practice. More than 10,000 women had dropped the knife and were not performing the cutting and circumcision, but it must be noted that for many this was their main source of income. The Government was taking steps to ban female genital mutilation soon.

A Committee Expert said in a follow-up comment that the Gambia should look at Sharia in a more flexible manner and stressed that there was no contradiction between Islam and giving equal rights to women. Another Expert said that the Gambia should stress in their awareness campaigns that there was no link between Islam and the practice of female genital mutilation.

Further Questions from the Experts

The Committee commended the adoption of the Trafficking against Persons Act and the Tourism Act, and the commitment to the protection and compensation for victims, and asked how many victims had actually used the services. The Expert asked the delegation about prostitution and the measures to address child prostitution in the tourism sector.

Further Responses by the Delegation

A delegate stressed that settling cases out of court was cheaper than going to court and said that for many, the issue of marital rape was hard to comprehend and many men could not accept to be accused of rape by their wives. Islam did not recognize marital rape and some requested that it be removed from the Women’s Act 2010. There were no prosecutions or convictions on charges of trafficking. Preventive measures were being taken to stop traffickers and shelters for victims of trafficking were in place.

With the coming into force of the Women’s Act and Sexual Offences Act, reporting of acts of gender-based violence increased and no one went unpunished for this offence.

Articles 7 to 9: Equality in Political and Public Life at the National and International Levels and Equality in Nationality Laws

Questions from the Experts

The Committee Chairperson said that the Women’s Act promoted the political participation of women and asked the delegation about the mechanisms in place for the application of this mandatory provision, and the current status of the implementation of the National Action Plan 2010-2020 on empowerment of women, which called for a 30 per cent quota for the political participation of women. The Chairperson commended the requirement for the equal participation of women and men in Local Development Committees and noted that the number of women in local governments was rather low and asked about the current status of the participation of women in the diplomatic service and at the international level.

The Women’s Act 2010 guaranteed women’s right to nationality and the delegation was asked about obstacles to birth registration of children born to single mothers, and the cumbersome process of registration of children above the age of five.

Replies by the Delegation

Birth registration was very simple and accessible, and there were no provisions requesting the father to sign, be present, or confirm that he was a father. This was one of the most simple and easy procedures in the country. The drop of number in women in ministerial positions could be explained by their search for better opportunities. There were women in the army who participated in foreign missions.

There was a mandatory provision in the Women’s Act which prohibited discrimination against women in all spheres of political and public life, and the Constitution had provided for equal participation in political positions.

Articles 10 to 14: Equality in Education, in Employment and Labour Rights, and in Access to Health Facilities, Finance and Social Security, and Rural Women

Questions from the Experts

A Committee Expert appreciated successes in the area of women’s and girls’ education which were made possible by policies and programmes, including the President’s Trust Fund for the education of girls. Gender parity in primary level enrolment had been achieved, but the problem was in primary level completion rate, enrolment in secondary school and urban-rural disparities. What percentage of the national budget was allocated to the education sector and particularly to expanding access to education for women and girls? What was being done to address hidden costs of primary education, such as uniforms, textbooks and transportation? The school drop-out rate for girls was still rather high, often due to marriage, and despite the laws in place, schools were still not safe for girls.

Women constituted only about 20 per cent of the formal sector work force; what measures were in place to address entrenched discrimination in hiring women and promoting women to decision-making positions in the civil service? What measures were adopted to promote access of women to microfinance, and to promote transfer from informal to formal sectors?

A Committee Expert said that because of prejudices, people living with HIV/AIDS were invisible and that was why it was hard to fight the infection, including mother-to-child transmission of the virus.

Responses by the Delegation

The percentage of people infected with HIV/AIDS had decreased thanks to effective public health care services and the Government policies which were in particular focused on the prevention of mother-to-child transmission, on women of child-bearing age, and on women engaged in prostitution. A system was in place to re-introduce pregnant teenage girls into school, but there was a stigma associated with early pregnancies and girls were often victims of bullying and harassment by peers. Although abortion was prohibited, in practice it was performed in all clinics, and the Government turned a blind eye. Education of girls ran into problems at secondary levels, and stereotypes prevented them from enrolling and completing this level, and from going on to tertiary level.

Further Questions from the Experts

With regard to the economic empowerment of women and their access to credit facilities and social protection, the Expert noted that the majority of women were involved in the informal sector and that their contribution to the national economy was quite high and quite important, but it was not obvious how this was evaluated in the development strategy. Only 30 per cent of rural women received cash income, as opposed to 45 per cent of men, and this indicated the existence of huge gender-based inequality which needed to be addressed. The Gambia had ratified the Convention on the Rights of Persons with Disabilities and the Expert asked how its provisions were implemented. What was the situation of lesbian women and women in detention who were often subjected to various forms of gender-based violence, including rape?

Further Responses by the Delegation

The Gambia had different cultures, norms and traditions; homosexuals were not prosecuted and could freely interact, move and live in their families. What was punishable was the openly performed homosexual act. Microfinance facilities were available for women engaged in economic activities in rural areas, tourism, crafts, petty trading and other economic areas. The programme for accelerated growth and employment was in place and the Government made sure that women were included in development programmes. The Government was building a new prison centre but it was important to say that women prisons were not as overcrowded as male prisons.

In follow-up questions, a Committee Expert said that infanticide was very often the crime of desperation and often linked to repression of abortion, and the question was whether women who committed this act belonged in prison or the State party should reconsider its abortion law and possibility of preventing pregnancies.

Responding, the delegation said that infanticide in the Gambia was not a result of poverty, it was a personal choice of a person, and it was often committed by women who became pregnant while the husband was away. It had nothing to do with poverty or lack of access to abortion, it was a crime and this criminal behaviour must be addressed as such.

Articles 15 and 16: Equality in Legal and Civil Matters and in Family Law

Questions from the Experts

Sharia courts had jurisdiction over matters of marriage, child custody and inheritance, and at the same time, the Convention had been domesticated through the Women’s Act, obliging courts to implement its provisions, which should apply across the board. What plans were in place to train Cadis in international instruments on women’s rights and in the Women’s Act, and how were they monitored? The Expert raised concern about child marriages and the Children’s Act which was silent on this issue, and urged the State party to amend it to save children from the undesirable consequences of early marriages, and silence some of the traditional religious leaders who were propagating the idea that there was no set age limit for marriage in Islam.

Responses by the Delegation

Polygamy was a part of the culture in the Gambia, it was acceptable and recognized and not an offence; in other countries it was unacceptable and this was cultural diversity. Access to justice and equal protection of the law were granted by the law to both women and men. With regard to child marriages, what was needed was for a case to be taken to a court, and once a judicial decision on the issue was in place, it would be binding. In the culture of the Gambia, there was nothing wrong about polygamy, which was seen as a positive step.

Concluding Remarks

ISATOU ALWAR GRAHAM, Acting Deputy Solicitor General and Curator of Interstate, Attorney General’s Chambers and Ministry of Justice, thanked the Committee Experts for highlighting best practices and said that the delegation would transmit them to their Head of State.

YOKO HAYASHI, Committee Chairperson, thanked the delegation for the constructive dialogue and encouraged the Gambia to take all necessary measures to address the various recommendations made by the Committee and stressed the legal obligation of the State party to modify discriminatory legislation, norms and practices.

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