CEDAW/C/2005/I/CRP.3/Add.3/Rev.1
Advance Unedited Version
28 January 2005
Original: English/French
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
Comments: Gabon
1. The Committee
considered the combined second, third, fourth and fifth periodic
reports of Gabon (CEDAW/C/GAB/2-5) at its 669th and 670th meetings,
held on 13 January 2005.
Introduction
by the State party
2. Introducing the
report, the representative clarified certain points relating to
the consideration of the initial report, submitted in 1989. Continuing,
she noted that the Ministry for the Advancement of Women dealt
with women’s issues across the board. In outlining the main
features of the report to the Committee, she mentioned improvements
as well as current problems concerning the situation of women
in Gabon.
3. At the legal level,
an inventory of the main texts that discriminated against women
had been compiled in 1997 and submitted to the Council of Ministers.
An inter-ministerial committee had been given the task of reviewing
the texts. In 2000, a law liberalizing contraception and defining
other health-protection measures had been adopted. In July 1998,
the Nationality Code had been revised. A provision had been introduced
authorizing both spouses to obtain the nationality of the other.
A revision of the organic law on the Constitutional Court authorizes
women to raise the “exception of non-constitutionality”
of a law in any court. In September 2004, the law to prevent and
combat trafficking in children had been adopted and promulgated.
4. In the social field,
the representative touched on improvements in the process of mainstreaming
the approach to gender, equality of treatment between the two
sexes in respect of the same qualification, the introduction of
coordination among women’s non-governmental organizations
and the creation of a ministry to oversee the campaign against
poverty. In addition, a national commission to combat poverty
and illicit gains had been set up, and an intensive drive against
HIV/AIDS had been launched by the Government, various associations
and non-governmental organizations.
5. At the political
level, the representative emphasized that there was no discrimination
based on gender in respect of the participation of women in public
life. She added that important posts of responsibility were held
by women. In 2002, the President of the Republic had requested
that each electoral list must include at least three women eligible
for election. In 2003, he had required each ministerial department
chief to nominate at least four women counsellors out of 10.
6. In the economic
field, she recalled that the “Grand Prix of the President
of the Republic for the promotion of the socio-economic activities
of women” was granted on 17 April each year on the occasion
of National Women’s Day. She also mentioned various projects
launched by the Government and the activities of the associations
movement with the aim of ensuring women’s economic independence
and of resolving difficulties with banks.
7. With regard to education,
the representative noted an improvement with respect to compulsory
education of children aged 6 to 16 years. She mentioned the creation
of a committee to combat AIDS in schools, the existence of a budget
for promoting literacy in rural areas and the suppression of indecent
conduct and offences against morals in order to protect the sexual
life of young girls.
8. The representative
acknowledged, however, that sociocultural obstacles were delaying
the process of eliminating discrimination against women. She recalled
that various kinds of traditional resistance could be found in
legal texts and in everyday practice. She stressed that the inertia
of customs and the lack of combativity and solidarity among women
and the non-functioning of certain government structures and lack
of relevant human and financial resources constituted obstacles,
but it was not impossible to overcome them. She mentioned that
the training of women in rural areas was a matter that concerned
the Government.
9. In the health field,
she mentioned that in 2003, the State had developed and adopted
a national reproductive-health policy and that a national survey
on the availability and use of emergency obstetric care was being
undertaken. In 2004, health personnel had been offered training
in contraceptive technology.
10. In conclusion,
the representative reaffirmed her Government’s undertaking
to make every effort to ensure that the provisions of the Convention
were implemented. The recent accession to the Optional Protocol
to the Convention testified to that.
Concluding
comments of the Committee
Introduction
11. The Committee expresses
its appreciation to the State party for its combined second, third,
fourth and fifth periodic reports, while regretting that they
were long overdue. The Committee expresses its appreciation to
the State party for the written replies to the list of issues
and questions raised by the pre-session working group and for
the oral presentation in response to the questions posed by the
Committee.
12. The Committee commends
the State party for its high-level delegation, which was headed
by the Minister for the Family, the Protection of Children and
the Advancement of Women and which included representatives of
other ministries with responsibility for implementation of the
Convention, as well as the President of the Observatory for Women’s
Rights and Equality. The Committee expresses its appreciation
for the frank and constructive dialogue held between the delegation
and the members of the Committee.
Positive
aspects
13. The Committee welcomes
the declared commitment and political will of the State party
to implement fully the provisions of the Convention and to overcome
the obstacles to women’s equal participation in all aspects
of public and private life.
14. The Committee notes
with satisfaction that, following ratification and official publication,
international conventions, including the Convention on the Elimination
of All Forms of Discrimination against Women, prevail over national
laws and are directly applicable at the national level.
15. The Committee welcomes
the adoption of Law No. 09/2004 to prevent and combat trafficking
in children; of Law No. 1/2000, which, among other matters, liberalized
contraception by repealing Ordinance No. 64/69 of 4 October 1969
forbidding the use of contraceptives; and of Act No. 37/98 on
the new Nationality Code establishing equal rights of men and
women in regard to nationality.
16. The Committee
notes with appreciation that in 2004, the State party acceded
to the Optional Protocol to the Convention.
Principal
areas of concern and recommendations
17. The Committee notes
the State party’s obligation for the systematic and continuing
implementation of all the provisions of the Convention. At the
same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls upon the State party to focus on these areas
in its implementation activities and to report on actions taken
and results achieved in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
18. The Committee expresses
concern that, while article 2 of the Constitution guarantees equality
before the law to all citizens without distinction, including
on the basis of sex, neither a definition of discrimination in
accordance with article 1 of the Convention nor the principle
of equality between women and men, as set forth in article 2 (a)
of the Convention, have been included in the Constitution or other
appropriate legislation. The Committee is also concerned about
the State party’s limited understanding of its obligations
under the Convention to eliminate discrimination and ensure the
practical realization of the principle of equality of women and
men.
19. The Committee recommends
that a definition of discrimination against women in line with
article 1 of the Convention and the principle of equality of women
and men in line with article 2 (a) of the Convention be included
in the Constitution or in other appropriate domestic legislation.
The Committee urges the State party to elaborate and implement
without delay a comprehensive national strategy and plan of action
for the full implementation of all the provisions of the Convention.
The Committee also urges the State party to include a gender perspective
in existing sectoral policies and plans and enhance programmes
for the advancement of women with temporary special measures according
to article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25 on temporary special measures, whenever
appropriate.
20. While noting that
women’s access to justice and redress for alleged violations
of their rights is provided for by law, the Committee is concerned
that their ability to exercise this right in practice and to bring
cases of discrimination before the courts may be inhibited by
economic or cultural obstacles.
21. The Committee urges
the State party to remove impediments and ensure access to affordable,
effective and expeditious means of redress for women, including
through awareness-raising efforts about the availability of remedies
against discrimination, and the provision of legal aid. The Committee
also encourages the State party to monitor the effectiveness of
such efforts.
22. The Committee is
concerned about the persistence of discriminatory legal provisions,
particularly pertaining to marriage and family relations in the
Civil and Penal Codes, including in respect of minimum age of
marriage, separation and divorce, custody of children, equal-inheritance
rights of widows as well as equal choice of residence and profession.
The Committee is also concerned that the Civil Code recognizes
the option of polygamy. Although an inventory of discriminatory
legislation was compiled in 1997, and a number of studies have
been undertaken on the discriminatory impact of legislation, the
Committee is concerned about the lack of progress in amending
discriminatory laws, in particular, the Civil and Penal Codes.
23. The Committee urges
the State party to accelerate the process of legal reform to eliminate
discriminatory provisions, especially in the Civil and Penal Codes,
to ensure their full compliance with articles 2 and 16 of the
Convention and the Committee’s general recommendation 21,
on equality in marriage and family relations. The Committee urges
the State party to establish a concrete programme and timetable
for such a reform process and to activate fully the inter-ministerial
committee established for the purpose of reviewing the discriminatory
aspects of the various codes. The Committee also encourages the
State party to step up its efforts to increase awareness about
the importance of legal reform for achieving de jure and de facto
equality for women in accordance with its obligations under the
Convention.
24. The Committee regrets
that the report does not provide sufficient statistical data on
the situation of women in all areas covered by the Convention
and information on the impact and results achieved of measures
taken.
25. The Committee calls
upon the State party to put in place a comprehensive system of
data collection and of measurable indicators to assess trends
in the situation of women and of progress towards women’s
de facto equality. It invites the State party, as necessary, to
seek international assistance for the development of such data
collection and analysis efforts. The Committee also requests the
State party to include in its next report statistical data and
analysis, disaggregated by sex and by rural and urban areas, indicating
the impact of measures and the results achieved.
26. The Committee is
concerned about the lack of specific legislation to eliminate
violence against women, including domestic violence.
27. In accordance with
its general recommendation 19, the Committee urges the State party
to give high priority to putting in place comprehensive measures
to address all forms of violence against women and girls, recognizing
that such violence is a form of discrimination against women and
constitutes a violation of their human rights under the Convention.
The Committee calls upon the State party to enact, as soon as
possible, legislation on violence against women, including domestic
violence, so as to ensure that violence against women constitutes
a criminal offence, that women and girls who are victims of violence
have access to immediate means of redress and protection and that
perpetrators are prosecuted and punished. The Committee recommends
that the State party also implement educational and awareness-raising
measures aimed at law enforcement officials, the judiciary, health
providers, social workers, community leaders and the general public,
in order to ensure that they are sensitized to the unacceptability
of all forms of violence against women. It also recommends the
introduction of measures to provide medical, psychological and
legal assistance to victims of violence.
28. While welcoming
the adoption of a law to prevent and combat trafficking in children,
the Committee is concerned that similar measures have not been
undertaken with regard to trafficking in women.
29. The Committee urges
the State party to intensify its efforts to combat trafficking
in women and girls, including the adoption and implementation
of a comprehensive strategy to prevent trafficking, punish offenders
and protect and rehabilitate victims.
30. The Committee expresses
its concern about the prevalence of entrenched adverse customs
and traditions, including early and forced marriage, polygamy,
widowhood practices and levirate, as well as the persistence of
stereotypes that discriminate against women and constitute a violation
of women’s human rights under the Convention. The Committee
is particularly concerned about the State party’s limited
efforts to address directly such discriminatory practices and
stereotypes and its position that the current widespread support
for and adherence to these practices would prevent compliance
with legislative measures designed to eliminate them.
31. The Committee urges
the introduction without delay, and in conformity with articles
2 (f) and 5 (a) of the Convention, of measures, including legislation,
to modify or eliminate customs and cultural and traditional practices
that discriminate against women so as to promote women’s
full enjoyment of their human rights. The Committee calls upon
the State party to develop and implement comprehensive educational
measures and awareness raising campaigns to facilitate an enhanced
understanding of equality between women and men and to challenge
cultural traditions and stereotypical attitudes regarding the
roles and responsibilities of women in the family and society.
The Committee recommends that these efforts be targeted at women
and men in all segments of society, including public officials
at all levels of Government, community and traditional leaders,
as well as employers and the general public. The Committee further
encourages the State party to undertake such efforts in collaboration
with civil society and women’s and human rights organizations
and to seek effective cooperation with the media, including radio
and print media. It also urges the State party to make better
use of the formal education system, including revision of school
curriculums and textbooks, to further these efforts.
32. The Committee expresses
concern that although education is compulsory for all children
aged 6 to 16 under Act No. 16/66 of 10 August 1966, the attendance
rates for girls drop precipitously at higher levels of education,
with 39.94 per cent in junior high school and 7.20 per cent in
upper high school. The Committee is also concerned that the attendance
rates for girls drop to 2.63 per cent in higher education.
33. The Committee urges
the State party to raise awareness of the importance of education
as a fundamental human right and as a basis for the empowerment
of women. It recommends that the State party prioritize efforts
to ensure equal access of girls and young women to all levels
of education and to increase their rates of enrolment and retention,
including through the use of temporary special measures in accordance
with article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25 on temporary special measures by giving
incentives to parents and scholarships to girl students. The Committee
encourages the State party to use its educational and training
systems systematically for enhancing knowledge about the Convention
and women’s right to equality and non-discrimination.
34. While the Committee
commends the State party for introducing temporary special measures
to increase the number of women in public life and decision-making,
it is concerned at the low level of women’s participation,
particularly in the National Assembly and the Senate, and at the
international level, and the insufficient information provided
about the implementation of articles 7 and 8 and the Committee’s
general recommendation 23 on women in public life and decision-making.
35. The Committee recommends
that the State party implement temporary special measures, in
accordance with article 4, paragraph 1, of the Convention and
the Committee’s general recommendation 25 to increase the
number of women in decision-making positions. The Committee urges
the State party to implement and strengthen training and awareness-raising
programmes to highlight the importance of women’s participation
in decision-making at all levels, including at the international
level, and to create enabling, encouraging and supportive conditions
for such participation.
36. The Committee is
concerned that the report contained insufficient information on
measures taken to address infant and maternal mortality, on access
to family planning services and the prevalence of HIV/AIDS.
37. The Committee requests
the State party to provide in its next report detailed statistical
and analytical information on measures taken to improve women’s
access to health-related services and information, in particular
in rural areas, including in regard to sexual and reproductive
health and family planning, and the impact of these measures,
in accordance with the Committee’s general recommendation
24 on women and health.
38. The Committee is
concerned about the situation of rural women, particularly in
view of their geographic isolation and lack of access to adequate
nutrition and sanitation, health care, education and income generating
opportunities. This situation leads to multiple forms of discrimination
against rural women. The Committee is also concerned about the
absence of statistical information related to rural and indigenous
women.
39. The Committee urges
the State party to implement, on a priority basis, measures to
ensure that rural women have full access to adequate nutrition
and sanitation, health-care services, education and income generating
opportunities. The Committee invites the State party, as necessary,
to seek the assistance from relevant specialized agencies of the
United Nations to improve the standard of living of rural women.
40. The Committee recommends
that the State party avail itself of technical and financial assistance
from the international community as indicated in the Beijing Declaration
and Platform for Action and the outcome document of the twenty-third
special session of the General Assembly, in order to facilitate
implementation of the Convention.
41. The Committee recommends
that the State party take concrete steps to encourage and facilitate
the active participation of civil society in the full implementation
of the Convention, including in the follow-up to the concluding
comments. The Committee further recommends that the State party
consult with non-governmental organizations during the preparation
of the next periodic report.
42. The Committee encourages
the State party to accept, as soon as possible, the amendment
to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee.
43. The Committee requests
the State party to respond to the concerns expressed in the present
concluding comments in its next periodic report under article
18 of the Convention. The Committee invites the State party to
submit its sixth periodic report, which was due in February 2004,
and its seventh periodic report, which is due in February 2008,
in a combined report in 2008.
44. Taking account
of the gender dimensions of declarations, programmes and platforms
for action adopted by relevant United Nations conferences, summits
and special sessions, such as the special session of the General
Assembly for the overall review and appraisal of the implementation
of the Programme of Action of the International Conference on
Population and Development (twenty-first special session), the
special session of the General Assembly on children (twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing, the Committee requests the State party
to include information on the implementation of aspects of those
documents relating to relevant articles of the Convention in its
next periodic report.
45. The Committee notes
that States’ adherence to the seven major international
human rights instruments, namely, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International Convention on
the Elimination of All Forms of Racial Discrimination, the Convention
on the Elimination of All Forms of Discrimination against Women,
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of the Child
and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, enhances
the enjoyment by women of their human rights and fundamental freedoms
in all aspects of life. Therefore, the Committee encourages the
Government of Gabon to consider ratifying the treaty to which
it is not yet a party, namely, the International Convention on
the Protection of the Rights of All Migrant Workers and Members
of Their Families.
46. The Committee
requests that the present concluding comments be widely disseminated
in Gabon, in the French and Bantu languages, in order to make
the people of Gabon, including government officials, politicians,
parliamentarians and women’s and human rights organizations,
aware of the steps that have been taken to ensure de jure and
de facto equality for women and the future steps required in that
regard. It also requests the State party to continue to disseminate
widely, in particular to women’s and human rights organizations,
the Convention and its Optional Protocol, the Committee’s
general recommendations and the Beijing Declaration and Platform
for Action, as well as the outcome of the twenty-third special
session of the General Assembly, entitled “Women 2000: gender
equality, development and peace for the twenty-first century”.
