消除对妇女歧视委员会审议马里的报告（部分翻译）

消除对妇女歧视委员会

2016年7月15日

消除对妇女歧视委员会今日审议了马里关于其落实《消除对妇女一切形式歧视公约》条款情况的第六和第七次合并定期报告。

妇女、儿童和家庭促进部长桑加雷•乌姆•巴（Sangaré Oumou Ba）介绍报告并表示，马里北部自2012年起所遭受的政治和安全危机对妇女和儿童有着尤为严重的影响，并导致了严重的人权侵犯行为。2015年5月签订了包容性的和平和民族和解协议，马里正在走向恢复的过程中。马里是首个签订《非洲人权和人民权利宪章》的国家，并采纳了一个规范管理和制度框架，以改善妇女享有权利的状况。虽然妇女在社会所有领域中都有所参与并发挥了重要作用，她们仍面临充分参与决策的障碍与阻碍，如负面的性别性格陈规定型、文盲无知问题、习俗与传统和贫困。《促进妇女性别政策》解决了以上障碍中的一部分些。巴女士敦促国际社会继续援助马里解决实现可持续发展目标过程中依然存在的巨大挑战，实现可持续发展目标。

委员会专家承认了，马里在政治和安全危机后面临的危机严重性之程度，并指出这个国家正处于历史上的关键点，强调必须确保妇女参与和平协议的落实及她他们在新的管理当局中获得有效的政治代表。联合国马里多层面综合稳定团的任务授权已经接受审议，用于以确保保护平民，专家欲知晓如何将其转化为保护妇女免于暴力及促进难民和境内流离失所者的返回。专家担忧《宪法》或任何其他法律中缺乏对歧视妇女行为的综合定义、国内法律框架与国际规范不一致、一些保守的宗教团体拒绝性别平等原则并由此破坏寝室妇女权利状况但拒绝性别平等原则。询问了代表团被问及为打击根深蒂固的有害传统惯例所采取的措施，这是委员会深切担忧的来源，包括切割女性生殖器官、童婚和强迫婚姻。

巴女士在总结发言中提到了专家提出的担忧，并强调，马里将不遗余力地促进和保护国内妇女的权利。

马里代表团包括妇女、儿童和家庭促进部和马里常驻联合国日内瓦办事处代表团的代表们。

国别审评将在此进行网络直播：http://www.treatybodywebcast.org。

委员会将于7月18日（周一）上午10点举行下一次公开会议，审议特立尼达和多巴哥的第四至第七次合并定期报告（CEDAW/C/TTO/4-7）。

Report

The combined sixth to seventh periodic reports of Mali can be read here: CEDAW/C/MLI/6-7.

Presentation of the Report

SANGARÉ OUMOU BA, Minister for the Promotion of Women, Children and the Family of Mali strongly condemned all acts of terrorism throughout the world, including in her own country, and called upon all to find a strategic way to put an end to that scourge. For the past several years, Mali had been experiencing a political and security crisis, which had taken all shapes and forms despite the concerted efforts of the Government, society and the international community. The crisis had a particularly grave impact on women and children. The north of the country was occupied by armed terrorist groups and jihadists - criminals who made no distinction between civilians and soldiers. That had serious implications on the human rights situation in the country and led to serious human rights violations. In partnership and with support of other African countries, Mali had signed an inclusive peace and national reconciliation agreement in May 2015, which called for the setting up of the National Commission for Justice, Truth and Reconciliation and the implementation of the United Nations Security Council resolution 1325 on women, peace and security. Mali was currently on the road to recovery and had never given up on its international obligations to enhance the rights of its citizens.

Mali had adopted a regulatory and institutional framework to further the enjoyment of women’s rights, it had ratified main legal instruments relative to human rights and the promotion of gender equality, and was closely cooperating with all human rights treaty bodies. Mali was the first country to have signed the African Charter on Human and People’s Rights and the second one to have ratified it. The 1992 Constitution had established an egalitarian system in the country and spoke of gender equality. Women were present in all sectors of development and played an important role in politics and society, although they still experienced barriers and obstacles to full participation in decision-making and economy, including negative gender stereotypes, illiteracy of the majority of women, lack of recognition of their rights, customs, and poverty.

The Gender Policy for Promoting Women addressed some of those barriers and in particular aimed to reinforce economic capacities of women and their insertion into economic and productive circuits, and the 2015 Law on the Promotion of Gender in nominative and elective bodies would improve the participation of women in political and public life. Mali was making progress in increasing school enrolment rates, but the participation of girls in secondary and tertiary education was still low. Improvements were being made in health of women and children with the removal of fees for caesarean sections and for malaria treatments for children up to the ae of seven. In closing, Minster Ba noted that one of the key obstacles to the effective application of international human rights instruments in Mali was insufficient harmonization of the national legal framework with the international norms and standards, and stressed that Mali continued to require support by the international community to enable it to confront huge challenges that remained and attain the Sustainable Development Goals.

Questions from Experts

An Expert stressed that Mali was at a very important point in its history and that the peace agreement had to be implemented. Women had paid a very high price and had been the first victims of the conflict; the enjoyment of their rights was often confronted with legal, cultural and traditional barriers, while the participation and representation in politics and public life was insufficient. How would those issues be addressed and what steps would be taken to ensure the participation of women in the decision-making relative to the implementation of the peace agreement? How would the Government integrate the Committee’s recommendations into the implementation of the peace agreement implementation and follow up, and how would the effective political representation of women in new administrative authorities be assured?

Would the strengthening of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) provide security and create conditions for the delivery of basic services and improvements in the humanitarian situation, which would be conducive to return of refugees who currently lived in very precarious situation? There ought not be amnesty and pardon for sexual violence committed during the conflict, and a clear strategy for prosecution and sentencing of those crimes had to be adopted and adequately resourced.

Another Expert said that the Committee fully understood the extent of challenges Mali was facing following the outbreak of the crisis in 2012 and asked about the will within the Government to adopt a plan for the implementation of the Committee’s concluding observations, with adequate technical assistance. There was no comprehensive definition of discrimination against women in the Constitution or any of the laws, and the prohibition of discrimination did not apply to a range of areas including female genital mutilation. What was the extent of the genuine political will to address discrimination against women and fulfil that huge legal gap?

The Expert expressed grave concern over regression in the situation of rights of women in Mali and the rejection of the principle of gender equality by some religious groups, and asked whether the Government was engaging in a dialogue with such conservative groups and leaders in order to prevent further regression in women’s rights. The Personal and Family Code had been revised, and all references to international norms and standards on the protection of the rights of women had been removed. During its Universal Periodic Review process in 2013, Mali had rejected the recommendation to review its Personal and Family Code and harmonize it with international obligations and commitments concerning rights of women.

What strategy was in place to ensure access to justice for women victims of human rights violations committed during the conflict, asked an Expert.

Replies by the Delegation

A delegate confirmed that special attention had been paid to the participation of women in the negotiation of the peace agreement, and also said that attention would be devoted to women’s participation in its implementation. The representation of women in new administrative authorities would be ensured by the implementation of the 2015 law, which required that 30 per cent of all candidates in all elections be women.

Refugees and internally displaced persons were receiving grants to support return to their places of origin, and the Government was also extending them other kinds of assistance. Support was also being provided to refugees and internally displaced persons who could not return in order to foster integration in their host communities. Civil society organizations were working with women in areas which had been outside of the government control, including thought supporting victims of sexual violence. Currently, there were centres and shelters for women victims of sexual violence and human rights violations, and they could also access legal clinics.

In terms of addressing customs, the head of the delegation said that a law had adopted by the National Assembly with some difficulties and resistance by men, but after explaining that the law was not related to any religion, it had been accepted.

Mali had signed a tripartite agreement with Mauritania and the United Nations Refugee Agency, and an agreement with Nigeria, to enable voluntary return of refugees. The new historic United Nations Security Council resolution had strengthened the mandate of the United Nations Multidimensional Integrated Stabilization Mission in Mali in order to improve security situation, which was a pre-requisite for return of refugees. Mali had also singed and agreement with the International Criminal Court on the prosecution of perpetrators of human rights violations; in addition to international jurisdiction, national courts were addressing the accountability for human rights violations. Mali would not compromise its human rights obligations for the sake of political stability, and was determined to bring perpetrators of human rights violations to justice.

In terms of inheritance, there was a provision in the law which allowed people to choose whether they wanted their property to be divided by courts of religious leaders. It was important to raise awareness about harms of excision and to address the stigma associated with those who had not undergone that practice. Laws were important, but there were other measures that should be taken first. That practice would be included in the law on violence against women.

There were no legal obstacles in women’s access to justice; the issue might be financial, but there were associations that helped them in that regard. There was no major problem in access of women to justice, what needed to change was the attitudes of women who should feel more free to go to justice without being worried what their husbands would say or do. Civil society in Mali was very robust and would be very active in ensuring the participation of women in the constitutional review system. Religious groups were not opposed to gender equality, religion-recognized rights of women, and they actively participated in drafting of laws.

In their follow-up questions, Committee Experts stressed that there were often gaps between the political will and commitment to rights of women and the implementation, and stressed that laws which protected women had to be in place. Would the new and strengthened MINUSMA be able to protect women from violence? The Expert welcomed national initiatives to ensure accountability for human rights violations committed during the conflict, there must be strategies and resources. Another Expert stressed the importance of strengthening legal framework both by adopting new laws and revising discriminatory ones, and asked about the position of gender equality in the constitutional review process.

While welcoming the progress made in the access of women to justice, Experts were very concerned by the delegation’s statement that there were no major problems in this regard. They stressed that the shortcomings in the judicial system indeed led to impunity for crimes of sexual violence committed during the conflict and invited the delegation to carefully examine the obstacles in access to justice for women in the form of culture, customs and traditions.

Responding, the delegation explained that there was no prohibition on women accessing the justice system; the system was there for all women, including victims of domestic and other violence. The problem was a woman herself who, before accessing justice, would first think of her traditional values, and the customs. Women were afraid to go to court because they were afraid of the consequences. Mali had not yet brought all of its legal texts in line with human rights instruments it had ratified, and the delegation agreed that that was indeed a challenge.

The new mandate of the United Nations Multidimensional Integrated Stabilization Mission in Mali included protection of civilians which should enable it to also protect women from violence. It was true that courts did not have sufficient resources, and it was important for the international community to find the necessary means to enable them to operate, including through ensuring security for the court personnel and the people who came to the court.

Questions from Experts

An Expert recognized the progress made in Mali by the existing mechanisms for advancement of women and noted that many socio-economic and cultural factors hindered the progress of women. What remedies were being taken to address malfunctioning in the National Directorate for the Advancement of Women and had its impact on the advancement of women been evaluated? What institutional mechanisms for advancement of women existed on provincial and local levels? Gender policies had been reviewed through the new action plan 2016-2018, which was currently being drafted, and which would be aligned with the Sustainable Development Goals. What resources would be allocated to the implementation of that action plan?

Mali had made progress in the area of health and education, but it had not applied temporary special measures in a way set out in the Convention. A clear distinction should be made between temporary special measures and long-term social policies that had been adopted to advance the rights of women and girls. Which temporary special measures would be adopted to improve political representation and participation of women, and also to address the situation of women with disabilities and women affected by conflict?

Replies by the Delegation

The purpose of all mechanisms and policies that Mali had adopted was to advance the rights and situation of women. Explaining the national gender machinery, the head of the delegation explained that the National Gender Policy was implemented by the Gender Sectorial Committee. It had been set up in relevant Ministries, and had replaced the gender focal person; the Secretariat aimed to give impetus to policies and initiatives; Regional Committees for Advancement of Women provided follow-up on regional and local levels; while the Fund for the Advancement of Women, voted in 2010 was operational as of 2015. The national machinery was due to be evaluated in 2011, but that had been delayed by the outbreak of the crisis in the country. The National Directorate for Women dealt with advancement and training of women and was represented in all regions. Its budget and human resources were not fully adequate for the task, but partners, such as civil society organizations and United Nations agencies, provided the support in order to enable the Directorate to implement various policies.

There were temporary special measures to facilitate the achievement of specific short-term objectives, and to accelerate and improve the situation of women and their access to the National Assembly. There was indeed a need for a law on women with disabilities, but the law should cover all persons with disabilities.

Questions from Experts

It was regrettable that the report provided very little information and data on sexual violence, including against women with disabilities, remarked an Expert and asked about the timeframe for the completion of drafting and the adoption of the law on violence against women. Would it address all vulnerable groups of women and also comprehensively address deeply entrenched harmful traditional practices such as female genital mutilation, early marriage and others? Would the draft law send a clear message against female genital mutilation and all forms of excision, protect the victims and provide them with necessary support? What other activities were being taken to fight against that harmful practice? With regards to conflict-related sexual and gender-based violence, the delegation was asked to inform on measures taken to provide victims with comprehensive medical, juridical and psychosocial services, measures to prevent sexual violence by both the Security Forces and non-State actors, and steps taken to ensure accountability for such crimes and ensure zero tolerance.

Experts asked for additional information about the National Gender Policy and its strategic areas, as well as measures taken to fully protect women with disabilities.

Question was also asked about measures adopted to improve knowledge of women about the law and to combat the hegemony of certain customary laws and cultural practices, such as forced and early marriages, which were discriminatory against women.

Slavery, which was a part of ancestral traditions, was on the increase following the armed conflict; what measures were being taken to combat that practice, and also trafficking in persons for sexual exploitation and prostitution, including through addressing demand. How would the prostitution of minors be sanctioned and what steps would be taken to protect minors engaged in prostitution?

Replies by the Delegation

The delegation stated that there were some areas of Mali where violations had been observed, but because those were outside of State’s control, data and information on those violations, including sexual violence, could not be collected. There was a political will to ensure that the Armed Forces of Mali demonstrated respect for human rights.

Mali waged a campaign in villages and remote areas to raise awareness about female genital mutilation; a law was needed, but before legislating, there was a need to ensure that all parts of the population were on the side of the Government in that matter. The Government had decided to criminalize excision, but had to ensure that it was clearly understood by everyone in the society, which was a prerequisite to the successful application of the law. There was a full national programme to combat excision, which implemented many activities with grassroots organizations. Following the awareness campaign, more than 1,200 communities in Mali had decided to abandon the practice. Once people, particularly women, knew more about harm of the practice and were on the side of the Government, then the law could be adopted. Most religious leaders defended excision, although there were some who spoke against, and that was progress.

Early and forced marriage was indeed a deeply rooted practice in some ethnic communities. The First Lady had launched a campaign to raise awareness in that regard. Slavery had been abolished in Mali, but there were still some people who still practiced it and those who were in slavery were also reluctant to come forward. As the adoption of the law against female genital mutilation had proven to be impossible at the moment, it had been decided to prepare a law on gender-based violence against women, which would also make reference to harmful traditional practices.

Trafficking in women existed but was hidden. Mali had in place a strategy and plan of action to address trafficking in persons and had trained the police force.

Mali had adopted a law against trafficking in persons, and had set up a commission and an action plan for its implementation. A multilateral agreement had been made with the Economic Community of West African States to exchange experiences and views in combatting the phenomenon. The head of the delegation stressed that human trafficking was just a part of the larger ring of trafficking of drugs, arms, etc.

There was no specific timeline for the adoption of the law on violence against women, which should include all vulnerable persons. Comments and remarks by Experts would also be considered during the drafting process.

Questions from Experts

With regard to political participation and representation of women, it appeared that Mali should do more than adopting laws and action plans, and could consider adopting drastic measures such as adopting quotas. Women represented 8.8 per cent of the Members of the Parliament, and only one in five members of the Cabinet was women. Widespread illiteracy, lack of autonomy, and the low socio-economic status manifested in inability to obtain identification documents and stand or even vote in elections, coupled with lack of democratic values in political parties were among key obstacles to greater participation of women in politics. What measures were being taken to address those obstacles?

Replies by the Delegation

For a myriad of reasons, the political participation of women was low: it was low because of the system itself, but also because of women themselves who needed to accept to actually enter politics. Women today wanted to be full-fledged members of political parties because they understood that they had to fight for what they wanted because no one else would do it. There were two women leaders of political parties in Mali today, and more women worked in offices of political parties, so there was an upward trend in this area. In the administrative area, one in three of all new hires or appointees in Ministries had to be a women, so the change was already happening. Malian laws drew no distinction between a woman and a man, who had the equal right to vote in elections without discrimination.

Regarding the participation of women in the implementation of the peace agreement, the delegation explained that a number of Ministries had their representatives to the Coordination Committee, which met regularly. Participation in political parties was opened to persons with disabilities and the youth as well.

Questions from Experts

Mali had taken positive initiatives to improve access to education for girls, but the challenges remained in the very high overall illiteracy rates of women, which stood at 76 per cent, low rate of progression of girls from primary to secondary school, security and safety concerns related to girls’ school attendance. There was also a concern about the dropout rates and the hidden costs of education, while the quality of education was manifested in high teacher turnover and a lack of quality textbooks in schools. What was the impact of Koranic schools in girls’ education and were they aligned with the public education system in Mali? As a result of the conflict in the north of the country, some 300 schools had been closed, and more than 380,000 children were missing out on their education.

The delegation was also asked to update the Committee on employment rates of women and the gender pay gap, about the use of girl children for domestic work, forcing children to beg to complement family income, and about the work situation of the internally displaced women and returnees.

Another Expert asked the delegation to provide up-to-date information and data which would assist the Committee to assess the impact of measures and policies on the situation of health in Mali, and in particular to inform on basic health services and obstetric care. Particular interest was expressed in the health situation in rural areas, and its impact on maternal and infant mortality rates; measures taken to prevent transmission of HIV/AIDS particularly among prostitutes, and transmission trends among specific groups as there were fears that the transmission of disease was on the rise among some groups. What was the prevalence of the use of contraceptives and family planning services especially by adolescents?

Replies by the Delegation

Responding to the questions and comments related to education, the delegation said that a lot needed be done to maintain the quality of education in Mali, which was a developing landlocked country, surrounded by countries of similar socio-economic status. Prior to the hiring freeze in the civil service imposed by the World Bank and the International Monetary Fund, many girls used to work in civil service to earn money to fund their university education. This was no longer an option and there were fewer young people in tertiary education in the country. Other factors that hampered education of children and contributed to high illiteracy rates were conflict in the North and the resulting displacement, distance from schools, low attendance rates, or low number of teachers in schools. Female Excellence was a project under which girls from poor families with good academic achievements were identified and received support and materials to remain in school. Many persons with disabilities had been recruited to work in state offices. The return of refugees and internally displaced persons needed to be supported through social infrastructure and security above all.

In follow-up questions and comments, Committee Experts stressed that education was vital for the achievement of social and attitudinal change, and noted that Mali had not attained its Millennium Development Goal on achieving universal primary education.

A delegate said that there were efforts to reopen the schools in the North and stressed the need for continued support in that regard by the international community and other partners. There were different strategies to address prostitution, and there were structures in place to assist those who wished to leave. The national plan for the protection of children had just been adopted and would address children with disabilities, children with HIV/AIDS, children in difficulties and other vulnerable children.

Questions from Experts

An Expert noted that the 2012 conflict had a negative repercussions on the fight against poverty and asked the delegation to provide information about the structure and policies on combatting poverty, and also to evaluate the outcomes of the strategic framework for the empowerment of women in terms of its impact on poverty of women. The conflict had severely impacted important sectors of the economy such as tourism, remarked the Expert and asked about the impact on women’s access to credit.

Rural women were particularly vulnerable above all because of the deterioration of the food situation due to the political and environmental crisis, which challenged resilience of households. Women were present throughout the production chain, but did not have means to increase their production and productivity. The National Food Strategy 2015-2025 was managed by the Food Security Commissioner, but what was the place of the Ministry for the Advancement of Women in its implementation?

Stereotypes were very entrenched in rural areas, and customary laws prevented women from accessing land, credit and decision-making at the local level. How would the State help female agricultural workers better participate in the production, and what steps would be taken to ensure their access to basic services?

Replies by the Delegation

Concerning the submission of women to their husbands, the delegation said that law had been changed twenty years earlier to require obligatory consent to marriage by a women, which was a great progress. Although the Code had been revised to reflect new trends, some gaps remain and the Government had been putting in place strategies to fill those gaps and empower women to emerge from poverty and increase their independence.

As far as rural women were concerned, they fully participated at local, regional and national levels and in all economic activities; they were organized at local, national and regional levels. The Rural Women Day was celebrated annually, during which rural women would receive means of production of their own choosing. Rural women still needed assistance, but they were present in the workplace.

Questions from Experts

The Family Code contained provisions which were discriminatory to women, in matters of their civil capacity, the right of husband to choose domicile, different age of marriage for women and men, and others, which eroded the position and equality of women in marriage. The law permitted marriage of girls under the age of 16 with permission of the court, which was contrary to the provisions of the Convention on the Rights of the Child, to which Mali was a State party. There was a significant resistance to reform the Muslim Personal and Family Code and a lack of political will to do away with using religion to justify dominance of men over women.

Replies by the Delegation

In response to the issues raised by the Experts, the delegation stated that religion should not hinder the development of the country or the advancement of women, and a right strategy had to be found to convince people on the need for changes. The official age of marriage was 18 years, but, following customs, girls were married off at reaching puberty, which could be as early as 13. There was a campaign on early marriages launched by the First Lady who was convinced that early marriage was harmful to the girls, to the society and the development of the country. In matters of inheritance, the person concerned or the family could decide whether it would be portioned according to the civil or religious rules.

In follow-up comments, Experts remarked that Mali had ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1985 without any reservations and it was not acceptable that in 2016, so many discriminatory legal provisions remained. The ratification of the Convention meant the condemnation of discrimination and taking the commitment to pursue, without delay, the elimination of all forms of discrimination against women. There was no evidence of the translation of the stated political will into laws and practices to eliminate discrimination. There had to be a way to align the Muslim Family Code with the commitments of Mali under the Convention on the Rights of the Child, which it had ratified without reservations. That was the historic moment to address such issues, and Experts urged Mali to take action.

The head of the delegation said that harmonisation of the laws and change of laws were a very slow process, and agreed with Experts that a long-term vision was needed. Mali was committed to it; it condemned discrimination and hoped that one day it would be a country completely free from gender-based discrimination. That objective had to be achieved through a step-by-step approach, and adequate measures.

Concluding Remarks

SANGARÉ OUMOU BA, Minister for the Promotion of Women, Children and the Family, expressed appreciation for the frank dialogue with the Experts and took note of the concerns they raised, such as the need to improve the legal framework for the protection of the rights of women, address violence against women, harmonize national legal texts with international ones and provide support for return of refugees and internally displaced persons. Mali would spare no efforts to promote and protect rights of women in the country.

YOKO HAYASHI, Committee Chairperson, thanked the delegation for the constructive dialogue and encouraged Mali to take all necessary measures to address the various recommendations made by the Committee.

__________

For use of the information media; not an official record