消除对妇女歧视委员会与非政府组织代表开展会议（部分翻译）

消除对妇女歧视委员会

2016年2月15日

消除对妇女歧视委员会今天下午与非政府组织代表举行会议，听取了有关日本、冰岛、瑞典和蒙古境内妇女状况的信息，这些国家的报告将在届会第一周接受委员会审议。

日本非政府组织的代表们介绍了堕胎、少数群体妇女遭受的歧视和暴力问题、非正规工作的妇女、女同性恋和双性恋妇女、战时性奴役和相关的有罪不罚问题。

冰岛的非政府组织代表讨论了性暴力报道或起诉不足、妇女任职人数不足、性别收入差距以及缺少性别平等方面的行动计划的问题。

瑞典的民间社会代表则对缺乏落实政府性别平等和性别主流化方面政策的行动计划、协调机制和资金表示遗憾。他们还提到了对性暴力肇事者有罪不罚以及对妇女权利的域外保护问题。

蒙古的非政府组织发言人对《消除对妇女一切形式歧视公约》条款落实不足表示遗憾，并对残疾人妇女、女同性恋、双性恋和变性人所遭受的歧视和暴力表示关切。

来自日本的非政府组织包括日本的JNNC（Japan NGO Network for CEDAW）、日本辩护士（律师）联合会、日本立即行动（Outright Action International）、MINBYUN促进民主社会律师协会、实现幸福研究所（Happiness Realization Research Institute）、JWJP（Japanese Women for Justice and Peace）和日本近现代史研究会（Researchers of History on Modern Japan）。冰岛在委员会发言的非政府组织是冰岛妇女权利协会（Icelandic Women’s Rights Association）。瑞典的民间社会代表包括瑞典妇女游说联盟（Women’s Lobby）、瑞典消除对妇女歧视委员会网络以及国际妇女争取和平和自由联盟。蒙古的女权主义网、全国盲人联合会（National Federation of the Blind）以及男女同性恋、双性恋和变性人中心向委员会介绍了蒙古的妇女状况。

委员会将于2月16日（周二）上午10点继续公开会议，开始审议日本的第七和第八次合并定期报告（CEDAW/C/JPN/7-8）。

Statements by Non-Governmental Organizations

Japan

A representative of the Japan NGO Network for CEDAW said that the Civil Code of Japan should be amended in order to repeal distinctions between women and men in relation to the minimum age to marry and to the prohibition of remarriage. She called for the adoption of measures to address discrimination against non-regular working women, and regretted that the Government did not recognize its legal responsibility for the crime of sexual slavery, and did not intend to provide reparation to victims abroad. Further, she expressed concerns that the draft amendment to the Penal Code did not contain important reforms regarding sex crimes or the abolition of the crime of abortion.

Japan Federation of Bar Associations stated that human rights abuses and forced labour of women migrant workers continued and regretted that the Government had not considered the abolition of the crime of abortion. The Government did not recognize the necessity of data survey and measures on women belonging to minorities, especially Ainu, Okinawa, Korean resident and Buraku women, who were in need of assistance especially in the field of labour and education.

Outright Action International highlighted the absence of anti-discrimination legislation and explicit recognition of sexual orientation and gender identity as prohibited grounds for discrimination, which made lesbian, bisexual women and transgender people vulnerable to severe stigma, violence, harassment, stereotyping and patriarchal gender norms.

Minbyun-Lawyers for a Democratic Society regretted that Japan had failed to pursue a comprehensive, impartial and lasting resolution of the issue over wartime sexual slavery, and expressed concerns that those responsible were still out there unpunished. The Committee was urged to help bring justice to the victims before it was too late.

Happiness Realization Research Institute said that the allegation that the Japanese military had engaged into forced abduction and sexual slavery during the War was patently false. The claims made by Seiji Yoshida regarding comfort women had since been retracted by him and by others. Women had always been treated with honour and dignity in Japan.

Japanese Women for Justice and Peace suggested that the Committee ask the Japanese Government to clarify the apparent discrepancy between their findings and those of the Coomaraswamy Report, which stated that “the Japanese military forcefully recruited 200,000 Korean women and made them sex slaves”.

Researchers of History on Modern Japan requested the Committee to ask the delegation of Japan to clarify explicitly if the military authorities and the Government had enslaved Korean women during World War II. According to historical documents in the United states National Archives, Japanese military authorities had been involved only to the extent of ensuring the safe transference, working conditions and health care of comfort women.

Iceland

Icelandic Women’s Rights Association said that sexual violence was rarely prosecuted in Iceland and convictions were rarer. There was little support for victims of domestic and sexual violence outside of the capital. Women were under-represented in the judicial system, while a third of women police officers reported being sexually harassed at work. It then expressed concern about the gender pay gap being unacceptably high, and regretted the lack of guaranteed day care for children aged 9 months to two years, which made the care of children disproportionally fall on women during this gap. The organization regretted the absence of an action plan on gender equality.

Sweden

Swedish Women’s Lobby stated that the creation of the Discrimination Ombudsman had weakened the institutional structures for gender equality, making discrimination against women less of a priority. It regretted the lack of coordination for gender-mainstreaming and underlined the need for an operational gender equality authority to support, coordinate and monitor gender equality policies. Further, the Municipal Act should be revised to ensure that the budget for local authorities fulfilled requirements for gender mainstreaming. Finally, the organization demanded the establishment of an independent national human rights institution in accordance with the Paris Principles.
Swedish CEDAW Network was concerned about the pattern of absence of convictions and punishment for the perpetrators of crimes against women. Perpetrators were not held accountable for their crimes, while judicial procedures often vilified victims and further aggravated their vulnerability. Sweden should introduce compulsory training on sexual crimes for all professionals within the legal system. In 2015, only 2.6 percent of all cases reported to the police as rape had led to guilty verdicts.

Women’s International League for Peace and Freedom raised the issue of extraterritoriality. It considered that the continued transfer of arms from Sweden to Saudi Arabia, United Arab Emirates and India risked having dire consequences for women and girls, and it urged Sweden to ensure rigorous, transparent and gender-sensitive risk-assessments of arms transfers and sales. Further, it expressed concerns with the impact of activities of Swedish companies in the textile industry in Bangladesh, where various violations of women workers’ rights persisted.

Mongolia

Mongolian Feminist Network was concerned about the absolute lack of political will to implement the provisions of the Convention. There was a lack of a clear institutional framework for the protection of women, particularly of lesbian, bisexual and transgender persons. State institutions prioritized traditional attitudes and practices and there existed negative stigmatization of women, including within school curricula. A lack of media regulation further perpetuated such stereotypes.

National Federation of the Blind regretted that women and girls with disabilities were subject to multiple discrimination in Mongolia, as they continued to be excluded from accessing education, quality sexual and health services, employment as well as full participation in society. They also experienced violence and poverty in higher proportions. While the Criminal Code prohibited forced abortions, the Law on Health permitted forced sterilization and abortion of women with disabilities.

LGBT Centre said that sexual minorities were completely overlooked by State policies and suffered exclusion, marginalization, stereotypes and inhumane social attitudes. Homophobia and transphobia by State actors continued with impunity. Cases of hate crimes against lesbian, bisexual and transgender women went unreported because of the fear of re-victimization by the police or health sectors.


Questions by Committee Experts

Regarding Japan, an Expert asked for details on the situation of women and children following divorce, including child custody and migrant women. Another Expert asked for information regarding civil society participation. On the issue of health, an Expert asked what the position of civil society was regarding abortion, while another raised a question on forced sterilization.

On Iceland, Experts asked about the impacts and consequences of the financial crisis on the rights of women, and measures taken by the Government to prevent negative effects. Was there any chance of seeing the domestication of the Convention into the national legislation?

With regard to Sweden, an Expert asked whether judicial training was organized to strengthen the prosecution rate of sexual violence.

An Expert noted that both Iceland and Sweden had a law criminalizing “sex-purchasers”, or “clients”, and asked about the point of view of non-governmental organizations in that regard.
Turning to Mongolia, Experts asked about the legal framework for the protection of women’s rights, the implementation of the Convention and the implementation of the Beijing Declaration and Plan of Action.

Replies by the Non-governmental Organizations

On Japan, representatives of non-governmental organizations said that the legislation led migrant women separated from their spouses or migrant women victims of domestic violence to refrain from reporting because of the fear of losing their resident status. Custody rights were generally given to women after a divorce. The Government had sought the views of civil society when drafting its Plan for Gender Equality, but there had been no feedback about if and how those contributions had been taken into account. The Committee should ask Japan what steps the Government would take to provide reparation to the survivors of forced sterilization.

Responding to questions on Iceland, a representative of a non-governmental organizations recognized that the Government had made important efforts to limit the negative consequences of the financial crisis on women. A policy to protect single parents had been adopted to further limit the impact of the crisis. Paternity leaves were broadly used, which had had a positive impact on gender equality in the country. Iceland was lacking studies regarding migrants, refugees and asylum seekers, who remained invisible and unrepresented. A support centre had been established for migrant women who were victims of violence, which provided free interpretation and legal counsel for victims. Iceland had banned purchase of sex and had decriminalized the sale of one’s body, in line with the Swedish model on prostitution. That policy had proven to be very good, and had given the police the tools to combat sex trafficking.

Civil society representatives from Sweden said that the Swedish people were really proud of the law on prostitution. That law built on international standards relating to combatting human trafficking. Several other countries, including Iceland and France, had also adopted similar norms. The buyer was the one being criminalized, not the person prostituting herself. That law had strengthened police’s response to human trafficking. Trade unions and corporations had also been involved in the implementation of that law. There was no special court to deal with cases of gender violence, meaning that all judges could be faced with such cases. Judges had voluntary access to trainings on addressing violence against women.

On Mongolia, speakers from non-governmental organizations said there was almost no State institution to implement the Convention. There was no law as such against discrimination despite one provision in the Constitution.

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For use of the information media; not an official record

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