WUNRN
Below is a link to the Flyer of the Witchcraft Accusations Panel at the Human Rights Council Session 25 in Geneva.
GHANA CEDAW REVIEW – REFERENCE TO WITCHCRAFT ACCUSATIONS AGAINST WOMEN
24. The
Committee is concerned by the persisting phenomenon of women being accused of
witchcraft, especially in the Northern, Upper East and Upper West regions of
the country. The Committee indeed notes the high number of cases of violence
against girls and older women alleged to be witches causing several of them to
seek refuge in so-called witch camps often under difficult living conditions
including lack of access to adequate housing, sufficient food and water and
sanitation.
25. The
Committee calls on the State party to ensure the swift closure of all remaining
“witch camps” and that alleged witches are provided with adequate
rehabilitation and safe reinsertion into their communities or with alternative
housing and livelihood options. Concrete steps should also be taken to protect
the rights of all girls who have been growing up in these camps including
through ensuring that they are provided with rehabilitation, safely
reintegrated into their families and communities and given access to quality
education and vocational training.
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United Nations |
CEDAW/C/GHA/CO/6-7 |
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Convention on the Elimination |
Distr.: General 7 November 2014 Original: English ADVANCE UNEDITED VERSION |
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Concluding observations on the combined sixth and seventh periodic reports of
Ghana*
1.
The Committee considered the combined 6th and 7th periodic reports
of Ghana (CEDAW/C/GHA/6-7) at its 1253rd and 1254th meetings, on 24 October
2014 (see CEDAW/C/SR. 1253 and 1254). The Committee’s list of issues and
questions are contained in CEDAW/C/GHA/Q/6-7 and the responses of Ghana are
contained in CEDAW/C/GHA/Q/6-7/Add.1.
A. Introduction
2.
The Committee appreciates that the State party submitted its combined sixth and
seventh periodic reports, which generally followed the Committee’s guidelines
for the preparation of reports, although they lacked references to the
Committee’s general recommendations and to some specific sex disaggregated
data. The Committee also appreciates the
State party’s written replies to the list of issues and questions raised by its
pre-sessional working group. It welcomes the oral presentation of the
delegation and the further clarifications provided in response to the questions
posed orally by the Committee during the dialogue.
3.
The Committee commends the State party for its high-level delegation, headed by
Her Excellency Ms. Nana Oye Lithur, Minister for Gender, Children and Social
Protection. The delegation also included three Members of Parliament, a Deputy
Commissioner of the Commission on Human Rights and Administrative Justice
(CHRAJ), and officials from government agencies responsible for health, food,
agriculture, education, foreign affairs, local government as well as
representatives from civil society and the media.
B. Positive Aspects
4.
The Committee welcomes the progress achieved since the consideration in
2006 of the State party’s combined third, fourth and fifth periodic
reports (CEDAW/C/GHA/3-5) in undertaking
legislative reforms, in particular the adoption of:
a) The Human
Trafficking Act, 2005 (Act 694);
b) The Persons
with Disability Act, 2006 (Act 715);
c)
The Criminal Offences (Amendments) Act, 2007, (Act 741), which widens the scope
of persons responsible for the practice of FGM and increases sanctions for this
offence;
d)
The deletion of section 42 (g) of the Criminal Offences Act, 1960, (Act 29)
which had permitted non-consensual sex within marriage;
e) The
Domestic Violence Act of 2007 (Act 732);
f) The Mental Health Act, 2012 (Act 846).
5.
The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the
elimination of discrimination against women and promoting equality of
women and men, including the following:
a) The
“re-engineering” of the Ministry of Women and Children’s Affairs;
b) The National
Policy and Plan of Action to cover the period 2009 to 2019 on the
implementation of the Domestic Violence Act, 2007.
6.
The Committee welcomes the fact that, in the period since the consideration of
the previous report, the State party has ratified the following international
and regional instruments:
a) The Convention
on the Rights of Persons with Disabilities and its Optional Protocol, in 2012;
b) The Optional
Protocol to Convention on the Elimination of All Forms of Discrimination
against Women, in 2011; and
c) The
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa, in 2007.
C. Principal areas of concern and recommendations
Parliament
7. The Committee stresses the crucial role of the legislative power in
ensuring the full implementation of the Convention (see the statement by the
Committee on its relationship with parliamentarians, adopted at the forty-fifth
session, in 2010). It invites Parliament, in line with its mandate, to take
necessary steps regarding the implementation of the present concluding
observations between now and the next reporting period under the Convention.
Visibility of the Convention, Optional Protocol and the Committee’s general
recommendations
8.
The Committee welcomes the use of the Convention by the State party in the
design and implementation of policies and guidelines. However, it is concerned
at the general lack of awareness of the Convention and its Optional Protocol at
all levels of the Government and that women themselves are not aware of their
rights under the Convention and the complaints procedure under the Optional
Protocol.
9.
The Committee urges the State party to:
(a) Take the necessary
steps to ensure the adequate dissemination and understanding of the provisions
of the Convention and the Committee’s general recommendations among all
Government ministries, parliamentarians, the judiciary, law enforcement
officers, and community leaders, and use them as the basis for measures aiming
at the elimination of discrimination against women;
(b) Take all
appropriate measures to enhance women’s awareness of their rights and the means
to enforce them, including through providing women with information on the
Convention and the Optional Protocol.
Legislative framework and harmonization of laws
10. The
Committee notes the current process aimed at reviewing the Constitution and the
harmonization of laws of the State party. However, it is concerned about the
delay in completing these legislative reforms and in adopting regulations
necessary for the full implementation of the Domestic Violence Act, the Human
Trafficking Act and the Disability Act.
11. The
Committee recommends that the State party:
(a) Finalizes, within a
clear time frame, the ongoing Constitutional review with a view to bringing its
legislation in conformity with the Convention and ensuring that all
discriminatory provisions are repealed;
(b) Honours its
commitment to swiftly enact the regulations required for the full implementation
of the Domestic Violence Act, 2007, the Human Trafficking Act, 2005, and the
Persons with Disabilities Act, 2006.
Definition of discrimination against women
12. The Committee notes that article 17 (3) of the Constitution was not amended to bring the definition of discrimination in conformity with the definition in article 1 of the Convention despite the recommendations to that effect by the Constitutional Review Commission. The Committee however welcomes the information provided by the State party that the Affirmative Action (Gender Equality) Bill contains a definition of discrimination in conformity with the definition in article 1 of the Convention.
13. The Committee requests the State party to
expeditiously adopt its Affirmative Action (Gender Equality) Bill and ensure
that it includes a definition of discrimination in line with article 1 of the
Convention, encompassing both direct and indirect discrimination in both the
public and private spheres.
Access to Justice
14. The
Committee notes the measures taken with a view to increasing women’s access to
justice, including the establishment of two Gender-based and Sexual Offences
Courts as well as Family and Juvenile Courts in the District Courts. It also
notes the information provided that the legal aid scheme has been given
constitutional rank resulting in increased resources. The Committee nonetheless
remains concerned at:
(a) The fact admitted
by the State party that judicial processes remain cumbersome and that most
women living in poverty have limited or no access to the formal channels for
obtaining access to justice;
(b) The continued lack
of legal literacy, especially among rural women, unaffordable legal costs, and
the stigmatization of women who bring cases to court; and
(c) The increased use of alternative dispute
resolution (ADR) mechanisms to settle cases in the Family Courts, which also
have jurisdiction to deal with criminal cases and civil protection orders under
the Domestic Violence Act.
15. The
Committee recommends that the State party:
(a)
Conduct awareness-raising programmes to increase women’s legal literacy, with
specific attention to rural and poor women, and eliminate the stigmatization of women who claim
their rights;
(b)
Enhance its efforts to ensure that the Convention and the Committee’s general
recommendations are widely known and used by the executive, legislative and
judicial branches of the Government and that they are made an integral part of
the capacity-building programmes for judges, lawyers and prosecutors;
(c)
Undertake targeted awareness-raising to ensure that customary court officials
are familiar with the Convention and the Committee’s general recommendations;
(d)
Ensure that women have access to affordable legal assistance throughout the
State party;
(e)
Raise awareness
among women about criminal law provisions on sexual violence and encourage them
to opt for criminal complaints rather than mediation whenever justified; monitor the use of mediation to ensure that it is implemented in a way that
respects women’s rights and does not lead to impunity for perpetrators;
(f)
Provide adequate assistance and protection to women victims of violence,
by strengthening the capacity of shelters and crisis centres, especially in
rural and remote areas, working towards the decentralisation of Domestic
Violence and Victim Support units, and strengthening cooperation with NGOs
providing shelter and rehabilitation to victims.
National machinery for the advancement of women
16. The
Committee takes note of the fact that, in order to facilitate sustainable
national development, the mandate of the newly restructured Ministry of Gender,
Children and Social Protection has been expanded to include equality of women
and men, the promotion of the welfare and protection of children, and the
empowerment of disadvantaged and marginalized groups of women, including older
and disabled women. However, the Committee is concerned that the expansion of
the mandate may dilute the focus on women’s rights and that it has not been
matched with a corresponding increase in budget allocations, remaining at less
than one per cent of the national budget.
17. In
accordance with its General Recommendation No. 6 (1988) on effective national
machinery and publicity and the guidance provided in the Beijing Platform for
Action on the necessary conditions for the effective functioning of national
mechanisms, the Committee recommends that the State party:
(a) Ensure that a sharp
focus on women’s rights is maintained in the mandate of the newly restructured
entity;
(b) Significantly
increase the financial resources of the Ministry of Gender, Children and Social
Protection and allocate a higher percentage of the national budget to gender
equality issues;
(c) Provide the
national machinery for the advancement of women with the necessary human and
technical resources for its effective functioning.
18. The
Committee notes that the State party is currently transitioning to a lower
middle income country, although it still relies on foreign aid for numerous
policies and programmes, including those aimed at the elimination of
discrimination against women and the advancement of women’s rights. The
Committee is concerned that this dependency may endanger the sustainability of
these measures due to the gradual pulling out of external aid on which a number
of these programmes seem to rely.
19. The
Committee recommends that the State party take measures to ensure the
sustainability of policies, programmes and activities aimed at the elimination
of discrimination against women and the advancement of women’s rights despite
the gradual decrease in external funding through an increased mobilization of
domestic resources. It further recommends that the State party ensure that
equality of women and men remains one of the central pillars of its development
and strategic plans.
Temporary special measures
20. The
Committee notes the measures taken by the State party in the area of education
as well as the Affirmative Action (Gender Equality) Bill establishing a
40-per-cent quota for the representation of women in Parliament and in the
public administration. However, it is concerned that no other temporary special
measures have been introduced or are being planned as part of a necessary
strategy to accelerate the achievement of substantive equality between women
and men in areas where women are underrepresented or disadvantaged.
21. The
Committee encourages the State party to use temporary special measures, in
accordance with article 4 (1) of the Convention, as interpreted in the
Committee’s General Recommendation No. 25 (2004) on temporary special measures,
in all areas covered by the Convention where women are underrepresented or
disadvantaged. To that end, it recommends that the State party:
(a) Expedite the
enactment of the Affirmative Action (Gender Equality) Bill;
(b) Implement temporary
special measures in various forms, such as outreach and support programmes,
quotas and other proactive and results-oriented measures aimed at achieving substantive
equality of women with men in all areas and encourage their use both in the
public and private spheres.
Stereotypes and harmful
practices
22. The
Committee notes the measures taken by the State party to eliminate stereotypes
and harmful practices, e.g. the criminalisation of female genital mutilation
and efforts to secure the release of women and girls in servitude in trokosi
shrines. However, the Committee is deeply concerned at the persistence of
adverse cultural norms, practices and traditions, as well as patriarchal
attitudes and deep-rooted stereotypes regarding the roles and responsibilities
of women and men in the family and in society, which contribute to the
persistence of violence against women and harmful practices. It is equally
concerned at the harmful, albeit decreasing, practice of enslaving young girls
in trokosi shrines.
23. The Committee urges the State
party to:
(a) Put in place,
without delay and within a clear time frame, a comprehensive strategy, in
conformity with articles 2 (f) and 5 (a) of the Convention, to eliminate
stereotypes and harmful practices that discriminate against women, such as
polygamy, forced and early marriage, the stigmatization of widows and widowhood
rites, female genital mutilation, denial of inheritance rights to women,
enslavement of young girls in trokosi shrines and violence against girls and
older women believed to be witches;
(b) Strengthen measures
aimed at securing the release and preventing further enslavement of young girls
in trokosi shrines;
(c) Ensure the full
implementation of the laws criminalising female genital mutilation and other
harmful practices including by bringing perpetrators to justice.
24. The
Committee is concerned by the persisting phenomenon of women being accused of
witchcraft, especially in the Northern, Upper East and Upper West regions of
the country. The Committee indeed notes the high number of cases of violence
against girls and older women alleged to be witches causing several of them to
seek refuge in so-called witch camps often under difficult living conditions
including lack of access to adequate housing, sufficient food and water and
sanitation.
25. The
Committee calls on the State party to ensure the swift closure of all remaining
“witch camps” and that alleged witches are provided with adequate
rehabilitation and safe reinsertion into their communities or with alternative
housing and livelihood options. Concrete steps should also be taken to protect
the rights of all girls who have been growing up in these camps including
through ensuring that they are provided with rehabilitation, safely
reintegrated into their families and communities and given access to quality
education and vocational training.
Violence against women
26. The
Committee notes the State party’s efforts to combat violence against women, in
particular the adoption of the Domestic Violence Act, 2007 (Act 732) and the
National Policy and Plan of Action on Domestic Violence (2009-2019). It also
notes the repeal of section 42(g) of the Criminal Offences Act, 1960, Act 29
which failed to criminalize non-consensual sex within marriage. The Committee
nevertheless remains concerned about:
(a) The delays in
adopting the Legislative Instrument required to fully implement the Domestic
Violence Act as well as the insufficient resources allocated to implement the
National Policy;
(b) The persistence of
violence against women, including rape, sexual harassment in school, in the
workplace and in the public sphere, early and forced marriages, domestic
violence and female genital mutilation;
(c) The remaining
obstacles faced by women in bringing cases of sexual violence to court owing to
cultural taboos, the
low number of investigations and convictions, and the increased use of
mediation in cases of domestic violence; and
(d)
The absence of State-run operational shelters and the heavy reliance on NGO-run
shelters.
27. The
Committee calls on the State party to:
(a) Ensure the effective
implementation of the Domestic Violence Act (2007), including by expeditiously
adopting enabling legislation and increase the human and financial resources
for the implementation of the National Policy;
(b) Intensify efforts to prevent and systematically punish
all forms of violence against women and girls by ensuring that
complaints are fully and effectively investigated and that perpetrators are
brought to justice;
(c) Provide systematic
and mandatory capacity-building for judges, prosecutors, lawyers, police
officers and health-care providers, to ensure that victims of violence are
dealt with in a gender-sensitive manner;
(d) Ensure that women
victims of domestic violence have full access to protection orders and legal
remedies rather than mediation;
(e) Strengthen
victim assistance and rehabilitation by establishing a comprehensive care
system for women victims of violence, including free legal aid, medical and
psychological support, counselling and rehabilitation services, throughout the territory of the
State party; and
(f)
Ensure
that a sufficient number of adequately equipped shelters are available to women
victims of violence in each district, staffed by trained personnel.
Trafficking and exploitation of prostitution
28. The
Committee notes the State party’s efforts to prevent trafficking in women and
girls and protect and rehabilitate victims, including the creation of a
trafficking database and collaboration with local authorities. However, it
notes with concern that the State party remains a source, transit and
destination country for women and children trafficked mainly for purposes of
sexual exploitation and forced labour. The Committee is also concerned about
the reported high incidence of internal trafficking of women and girls from
rural areas. It is particularly concerned about the limited number of
convictions under the Anti-Human Trafficking Act (2005), partly due to the low
level of reporting and inadequate identification of victims of trafficking.
While noting the State party’s efforts to ensure the protection of women in
prostitution, the Committee is concerned that women in prostitution are
disproportionally affected by the criminalization of prostitution in comparison
to their clients. The Committee is further concerned at the absence of
information on the impact of existing rehabilitation and reintegration
programmes for women wishing to leave prostitution.
29. The
Committee recommends that the State party:
(a) Ensure the
effective implementation of the Human Trafficking Act, 2005, including through
the swift adoption of enabling legislation;
(b) Carry out a study
to investigate the scope, extent and causes of forced prostitution and
trafficking in human beings, particularly in women and girls;
(c) Address the root
causes of trafficking by increasing prevention efforts through poverty
reduction strategies;
(d) Take effective
measures to provide assistance and support to women and girls victims of
trafficking, through for instance increasing the number of available shelters
including with support from civil society;
(e) Ensure the
investigation, prosecution and punishment of perpetrators of human trafficking;
(f) Increase
international, regional and bilateral cooperation with countries of origin,
transit and destination to prevent trafficking, through information exchange,
and harmonize legal procedures aimed at the prosecution and punishment of
traffickers;
(g) Address the root
causes of prostitution; provide women wishing to leave prostitution with
alternative income opportunities, and intensify efforts to provide access to
assistance, rehabilitation and reintegration programmes for women and girls in
prostitution.
Participation in political and public life
30. The
Committee notes that the Affirmative Action Policy Guideline formulated in 1998
set a target of 40 percent representation of women at all levels of the
government. The Committee notes the State party’s efforts to ensure the
participation of Queen-mothers in Traditional Councils and Houses of Chiefs and
the increasing participation of women within the two major political parties.
The Committee is nevertheless concerned at the delay in adopting the
Affirmative Action Bill and that women are still under-represented in decision
making positions. It also notes the lack of
targeted measures to address the underlying causes, including prevailing social
and cultural attitudes and limited access by women to campaign funding. In this regard, the Committee also regrets that
the Women in Local Government Fund established in 2006 has not become
operational.
31. The
Committee recommends that the State party:
(a) Promote women’s
equal representation in political and public life at the national, regional and
district levels, including in the government and in decision-making positions,
parliament, the judiciary and the civil service;
(b) Adopt temporary
special measures, in line with article 4 (1) of the Convention and with
the Committee’s General Recommendation No. 25, such as a law establishing
statutory quotas to promote women’s equal participation in political and public
life;
(c) Expeditiously adopt
the Affirmative Action (Gender Equality) Bill establishing a quota of 40 per
cent for women’s representation in elected and appointed political positions,
and at all levels of the judiciary;
(d) Pending the
adoption of the Affirmative Action Bill, ensure that the 40 per cent quota in
the Affirmative Action Policy Guideline is applied;
(e) Conduct
awareness-raising campaigns for the general public, and in particular for rural
women, about the importance of women’s effective political participation, and
develop targeted training and mentoring programmes on leadership and
negotiation skills for present and potential women candidates and women holding
public office;
(f) Adequately
finance the Women in Local Government Fund to financially support women
standing for election, including in the upcoming district level elections.
Education
32. The
Committee notes the measures taken by the State party to promote girls’
education at all levels and that the budget for education represents an
important percentage (30%) of the national budget. It also notes with
appreciation the launch by the University of Ghana of a sexual harassment
policy in March 2011 and the new policy to integrate girls and boys with
disabilities into the regular school system. However, the Committee remains
concerned about:
(a) The continued low
enrolment and completion rates of girls, at all levels of education, and the
regional disparities in access to quality education owing to economic and
cultural barriers;
(b) The high dropout
rate among girls, owing, inter alia, to child marriage and the high number of
teenage pregnancies;
(c) Urban/rural
disparities with regard to the number of girls who are able to transition from
junior high to senior high school due to the lower quality of education in
rural and deprived areas;
(d) The persistence of
sexual abuse and harassment of girls in schools and the negative impact of harmful
practices, such as early and forced marriage, on girls’ education, especially
in rural areas; and
(e) The lack of
education facilities and of qualified teaching professionals, especially in
rural areas, and the trend towards privatisation of education and the priority
given to schooling of boys over girls, especially in rural areas.
33. The
Committee recommends that the State party:
(a) Ensure that girls
and young women have de facto equal access to all levels of education,
including by eliminating the direct and indirect costs of schooling, providing
incentives for parents to send their daughters to school and building
appropriate sanitary facilities in schools;
(b) Set up adequate
monitoring mechanisms to ensure that girls in rural areas and in public schools
have equal access to quality education, and intensify efforts to reduce
disparities in access to education and in terms of quality of education between
urban and rural areas as well as public and private schools;
(c) Improve the
educational infrastructure, especially in rural areas, as well as the number of
teachers and the quality of teacher training, in particular in rural schools;
(d) Ensure that sexual
abuse and harassment in school are adequately addressed and punished;
(e) Integrate
age-appropriate education on sexual and reproductive health and rights into
primary and secondary school curricula, including comprehensive sex education
for adolescent girls and boys covering responsible sexual behaviour and the
prevention of early pregnancies and sexually transmitted diseases such as
HIV/AIDS.
Employment
34. The
Committee notes the State party’s efforts to improve women’s employment in such
sectors as the oil industry and the agricultural and manufacturing sectors. It
also notes that, according to the State party, the definition of sexual
harassment included in the Labour Act, 2003, Act 651 must be expanded to
address hostile environment situations. However, the Committee remains
concerned about:
(a) The absence of
information on the extent of the gender wage gap and on how the principle of
equal pay for work of equal value is being implemented as well as the low
number of women employed in the public sector and lack of information on
women’s employment in the private sector;
(b) The concentration
of women in the informal sector, especially in rural areas, with limited basic
safety services, social protection coverage or other benefits;
(c) The absence of
legislation specifically protecting domestic workers.
35. The
Committee recommends that the State party:
(a) Provide
sex-disaggregated data on women’s position in the labour market and reduce and
close the gender wage gap, including by addressing the occupational
sex-segregation and enforcing the principle of equal pay for work of equal
value;
(b) Provide a
regulatory framework for the informal sector, with a view to providing women
with access to social security and other benefits as well as with basic safety
services in different markets, as foreseen by the State party;
(c) Ensure that the
Labour Act, 2003 (Act 651), is amended with a view to extending the definition
of sexual harassment to explicitly cover sexual harassment by means of creating
a hostile environment.
(d) Consider ratifying
International Labour Organization Convention No. 189 (2011) concerning decent
work for domestic workers.
Health
36. The
Committee notes the measures taken by the State party as a result of the Health
Sector Gender Policy of 2009 as well as the revised National HIV and AIDS, STI
Policy published in February 2013. It also notes with appreciation the adoption
of the Mental Health Act, 2012 (Act 846) as well as projects aimed at promoting
the National Health Insurance Scheme. The Committee nonetheless remains
concerned about:
(a) The maternal
mortality ratios which have remained high, due in part to teenage pregnancies
and lack of access to health-care services, including essential obstetric care,
particularly in rural areas;
(b) The lack of
comprehensive education on sexual and reproductive health and rights, including
on responsible sexual behaviour, and of family planning services, and the
disproportionate level of unmet contraception needs among poor women and women
living in rural areas;
(c) Regional and
socioeconomic disparities in women’s and girl’s access to sexual and
reproductive health services, including skilled birth attendance and adequate
antenatal and postnatal care;
(d) The general lack of
awareness about the conditions under which abortion is legally available and
the stigma attached to it, resulting in numerous women resorting to unsafe
abortion; and
(e) The lack of
information on the mental health status of women in the State party and on the
implementation of the Mental Health Act.
37. In
line with its General Recommendation No. 24 (1999) on women and health, the
Committee calls upon the State party to:
(a) Increase access for
women and girls, in particular rural women, to basic health-care services, by
increasing the number of health-care facilities and of trained health-care
providers;
(b) Intensify education
on sexual and reproductive health and rights, through widespread dissemination
of information about available contraceptive methods and family planning in
order to reduce the number of unwanted pregnancies and teenage pregnancies;
(c) Adopt strategies to
eliminate abortion-related stigma, raise awareness among women and girls about
the conditions under which abortion is legally available, and ensure that safe
abortion is affordable for all women under such conditions;
(d) Collect
disaggregated data on the situation of women’s mental health, and include in
its next periodic report information on the progress made in implementing the
Mental Health Act;
(e) Ensure that the
National Health Insurance Scheme is fully operationalised and effectively
implemented to be able to care for the health needs of poor women, and by
including obstetric emergencies in the list of services offered.
Rural women
38. The
Committee remains concerned about the widespread poverty and illiteracy among
rural women and the lack of sufficient targeted strategies and measures in
place to address discrimination against rural women in access to justice,
education, health and housing, economic opportunities and social benefits,
adequate water and sanitation, as well as about their exclusion from decision-making
processes. The Committee is also concerned
about the prevalence of harmful practices such as early marriages in rural
areas and about the persistence of traditional customs limiting women’s access
to inheritance and land.
39. The
Committee recommends that the State party:
(a) Ensure that rural
women have access to basic services and infrastructure, including health
services and education, as well as economic opportunities, on an equal basis
with men and with their urban counterparts, including through the adoption of
temporary special measures;
(b) Ensure that
obstacles to women’s land ownership are removed, and that domestic courts,
including customary courts, enforce women’s land and property rights, in line
with the provisions of the Convention;
(c) Eliminate harmful
practices and discrimination against rural women and address customs and
traditions that perpetuate them;
(d) Ensure that all
discriminatory customary laws are repealed or amended and brought into full
compliance with the Convention and the Committee’s general recommendations.
Marriage and family relations
40. The
Committee notes the current process of harmonization of marriage laws and that
the Intestate Succession Bill 2009 will be adopted by the end of 2014. However,
it is concerned about the delays in adopting the Property Rights of Spouses
Bill 2009 due to disagreement as to whether de facto unions (or cohabitees)
should be covered by the Bill. The Committee
is also concerned about the increase in polygamous marriages and at the lack of registration of customary
marriages, as well as by the diverging levels of protection against
discrimination afforded to women in view of the many regulations applying to
marriage and family relations depending on one’s personal status. The Committee
is further concerned that the National House of Chiefs has yet to take action
to codify customary laws and eliminate customs and usages that are “outmoded
and socially harmful” as mandated by article 272 b) and c) of the Constitution.
Lastly, the Committee is concerned at the lack of progress in curbing the high
prevalence of force, early, and child marriage.
41. The
Committee recommends that the State party:
(a) Accelerate and
expand its efforts towards the harmonization of marriage and family laws in
line with articles 2 and 16 of the Convention;
(b) Expeditiously adopt
the Property of Spouses Bill, 2009, in its current version so that equal
distribution of property rights covers women in the three types of marriage as
well as women in de facto unions;
(c) Expeditiously adopt
the Intestate Succession Bill, 2009, and ensure its effective implementation
throughout the State party;
(d) Ensure the wide
dissemination of the Supreme Court decision in Mensah vs. Mensah, in particular
in the district courts and ensure that women married under religious or
customary law who apply for divorce to a court will receive the better
protection arising from the Matrimonial Causes Act for all aspects of the
divorce consequences;
(e) Sensitize
traditional leaders on the importance of ensuring that women seeking divorce
outside of the court system may benefit from property sharing and further
rights;
(f) Take
systematic, proactive measures to discourage polygamy with a view to
prohibiting, it in accordance with the Joint General Recommendation/General
Comment No. 31 of the Committee on the Elimination of Discrimination against
Women and No. 18 of the Committee on the Rights of the Child on harmful
practices (2014);
(g) Ensure that all
Muslim and customary marriages are systematically registered;
(h) Provide assistance
to the National House of Chiefs and ensure that it complies with its
constitutional mandate to undertake “the progressive study, interpretation and
codification of customary law with a view to evolving, in appropriate cases, a
unified system of rules of customary law” and “an evaluation of traditional
customs and usages with a view to eliminating those customs and usages that are
outmoded and socially harmful” (article 272 b) and c) of the Constitution);
(i) Ensure
maximum visibility to the national dialogue involving traditional leaders,
National House of Chiefs, Ministry of Chieftaincy and Traditional Affairs and
UNICEF to sensitize the population on the high risks for girls linked to early
and forced marriage (for their life, health, education and future economic
chances) in addition to representing a violation of the CEDAW and CRC
Conventions.
Data collection and analysis
42. The
Committee notes with concern the general lack of updated sex-disaggregated
data. It recalls that data disaggregated by sex, age, geographical location and
socioeconomic background are necessary for an accurate assessment of the
situation of all women, to determine whether they suffer from discrimination,
for the development of informed and targeted policymaking and for the systematic
monitoring and evaluation of progress achieved towards the realization of
women’s substantive equality in all areas covered by the Convention.
43. The
Committee calls upon the State party to develop a gender indicator system to
improve the collection of data disaggregated by sex and other relevant factors
necessary to assess the impact and effectiveness of policies and programmes
aimed at mainstreaming gender equality and enhancing women’s enjoyment of their
human rights. In this regard, the Committee draws the State party’s attention
to the Committee’s General Recommendation No. 9 on statistical data concerning
the situation of women and encourages the State party to enhance its
collaboration with women’s associations that could assist in securing the collection
of accurate data.
Amendment to article 20, paragraph 1, of the Convention
44. 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.
Beijing Declaration and Platform for Action
45. The Committee calls upon the State party
to utilize the Beijing Declaration and Platform for Action, in its efforts to
implement the provisions of the Convention.
Millennium Development Goals and the post-2015 development framework
46. The Committee calls for the integration
of a gender perspective, in accordance with the provisions of the Convention,
into all efforts aimed at the achievement of the Millennium Development Goals
and into the post-2015 development framework.
Dissemination
47. The Committee recalls the obligation of
the State party to systematically and continuously implement the provisions of
the Convention. It urges the State party to give priority attention to the
implementation of the present concluding observations and recommendations
between now and the submission of the next periodic report. The Committee
therefore requests the timely dissemination of the concluding observations, in
the official language(s) of the State party, to the relevant state institutions
at all levels (national, regional, local), in particular to the Government, the
ministries, the Parliament and to the judiciary, to enable their full
implementation. It encourages the State party to collaborate with all
stakeholders concerned, such as employers’ associations, trade unions, human
rights and women’s organisations, universities and research institutions, media,
etc. It further recommends that its concluding observations be disseminated in
an appropriate form at the local community level, to enable their
implementation. In addition, the Committee requests the State party to continue
to disseminate the CEDAW Convention, its Optional Protocol and jurisprudence,
and the Committee’s General Recommendations to all stakeholders.
Technical Assistance
48. The Committee recommends that the State party link the implementation of
the Convention to its development efforts and that it avail itself of regional
or international technical assistance in this respect.
Ratification of other treaties
49. The
Committee notes that the adherence of the State party to the nine major international
human rights instruments[1] would enhance the enjoyment by
women of their human rights and fundamental freedoms in all aspects of life.
The Committee therefore encourages the State party to consider ratifying the
International Convention for the Protection of All Persons from Enforced
Disappearance, which it has signed but not ratified yet.
Follow-up to concluding observations
50. The Committee requests the State party
to provide, within two years, written information on the steps undertaken to
implement the recommendations contained in paragraphs 25 and 27 a), b) and c)
above.
Preparation of the next report
51. The Committee invites the State party to
submit its eighth periodic report in November 2018.
52. The Committee requests the State party
to follow the “Harmonized guidelines on reporting under the international human
rights treaties, including guidelines on a common core document and
treaty-specific documents” (HRI/MC/2006/3 and Corr.1).