Source: United Nations – Geneva
Committee also Discusses Gender-Inclusive Approaches to Digitisation with the Working Group on Business and Human Rights
The Committee on the Elimination of Discrimination against Women was this afternoon briefed by representatives of civil society organizations on the situation of women’s rights in the Democratic Republic of the Congo, Nepal, Belarus and Luxembourg, the reports of which the Committee will review this week.
In relation to the Democratic Republic of the Congo, speakers raised concerns regarding gender-based violence and abuse of internally displaced women and girls in the context of the escalating conflict, and the impact of the withdrawal of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo.
On Nepal, speakers addressed discrimination against vulnerable women, including indigenous women and girls, lesbian, bisexual, transgender and intersex women, and women sex workers; anti-discrimination legislation; and the participation of women in political processes.
Non-governmental organizations speaking on Belarus raised topics including the dissolution of civil society organizations, imprisonment of women human rights defenders, and barriers to access to justice for women.
Regarding Luxembourg, a speaker raised issues related to a lack of gender sensitive policies and measures to address intersecting forms of discrimination, and the subordination of women through the social system.
The National Human Rights Commissioner of the Democratic Republic of the Congo spoke on the country, as did the following non-governmental organizations: Centre for Migration, Gender, and Justice; Groupe d’Action pour les Droits de la Femme; and SAVIE ASBL LGBT.
Regarding Nepal, the following non-governmental organizations spoke: Forum for Women, Law and Development; Feminist Dalit Organization; Nepal Indigenous Women Federation; Sex Workers and Allies South Asia and Team; Campaign for Change, Mitini Nepal, and Intersex Asia; and Visible Impact.
The following non-governmental organizations spoke on Belarus: Belarusian Helsinki Committee; Human Constanta; Belarusian Congress of Democratic Trade Unions; Coalition against gender-based and domestic violence; and Our House.
A representative of the Consultative Commission of the Grand-Duchy of Luxembourg on Human Rights spoke on Luxembourg.
The Committee also held an informal meeting with the Working Group on Business and Human Rights and representatives from civil society and the business sector on “increasing the bottom line through smart, gender-inclusive, rights-focused approaches in digitisation.”
Opening the meeting, Nahla Haidar, the newly elected Committee Chairperson, said artificial intelligence and digital technologies had revolutionised everyday life and business practices across sectors in ways that were never envisioned in the past. She called for action to prevent bias and discrimination against women through cyber-enabled modalities; expand women’s economic opportunities in the new digital era; and equip women and girls with necessary skills, capacities and tools to contribute to providing digital solutions.
In the meeting, speakers discussed topics such as measures to prevent discrimination of women in the private sector, and particularly in the field of technology; measures to promote access to science, technology, engineering and maths education for women; measures to address the impacts of artificial intelligence on women; and measures to protect women’s rights in the energy transition era.
Committee Experts and members of the Working Group spoke in the meeting, as did representatives of the United Nations Office of the High Commissioner for Human Rights, the World Trade Organization, and various private sector and civil society organizations.
The Committee on the Elimination of Discrimination against Women’s ninetieth session is being held from 3 to 21 February. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Tuesday, 4 February to consider the report of the Democratic Republic of the Congo submitted under the exceptional reporting procedure (CEDAW/C/COD/EP/1).
Opening Remarks by the Committee Chair
NAHLA HAIDAR, Committee Chairperson, said that during each session, the Committee invited national and international non-governmental organizations to informal public meetings to provide specific information on the States parties that were scheduled for consideration by the Committee. She welcomed the representatives of non-governmental organizations and national human rights institutions that had come to provide information on the States parties whose reports were being considered this week: Democratic Republic of the Congo, Nepal, Belarus and Luxembourg.
Statements by Non-Governmental Organizations from the Democratic Republic of the Congo, Nepal and Belarus
Democratic Republic of the Congo
On the Democratic Republic of the Congo, speakers, among other things, said violence against displaced persons was on the rise in the State. Gender-based violence, specifically, was rampant, leaving survivors with limited access to justice. Displaced women had a lack of access to reproductive health care and were giving birth in unsafe conditions. The economic struggles that displaced women and girls faced were equally alarming. With scarce income opportunities, many were driven to survival sex, which exposed them to sexual exploitation and abuse.
The withdrawal of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo raised real concerns. Plans from national authorities to take on the responsibilities of the Mission remained lacking. Armed militias and members of the security forces continued to abuse women with impunity. There were also “tolerance houses” where internally displaced women and girls were sexually abused. Justice remained inaccessible for most survivors.
Speakers called on the Government to bolster administrative capacities; ensure the transfer of United Nations facilities to the armed forces; investigate “tolerance houses” and hold perpetrators of gender-based violence criminally liable; control the spread of weapons; and ensure justice and dignity for all women in the State. Speakers also called for a national migration strategy that was gender-responsive; mechanisms for gender-based violence prevention, mitigation, and response; provision of health services and resources, especially with regards to maternity health, that connected to related concerns such as food insecurity and nutrition; and programmes to expand livelihood provisions that supported displaced women and girls.
Nepal
Speakers said Nepal had yet to enact a robust anti-discrimination law, making women more vulnerable to abuse. There was a need to criminalise discrimination against women and eliminate all discriminatory legal provisions against them. The State party also needed to allocate sufficient human and financial resources to public bodies working on women’s rights. Appropriate support needed to be provided to women victims of violence.
Fifteen per cent of Nepal’s population of women faced multiple forms of discrimination; many women faced social exclusion and violence. Some girls did not report crimes due to a lack of trust in the justice system.
Nepal needed to amend the Constitution to address historical discrimination of indigenous women and to recognise the customary laws of indigenous people. The Government needed to amend the act on the rights of persons with disabilities to address the rights of indigenous women with disabilities. Access to justice needed to be promoted for indigenous women and women with disabilities.
Nepal had failed to ratify the Palermo Protocol, and human trafficking and sex work were treated as the same in the country. Sex workers faced various forms of discrimination and violence. Nepal’s legislation had a direct impact on sex workers’ access to citizenship. Legislation on trafficking in persons needed to be amended to differentiate between trafficking and sex work. The Government also needed to facilitate sex workers’ access to citizenship and promote awareness raising campaigns on the rights of sex workers.
Lesbian, bisexual, transgender and intersex girls faced harmful treatment and violence, and systematic discrimination in education and healthcare in Nepal, and the Government had failed to act in response. The Government needed to ensure such women could access single women’s allowances, redefine marriage to include gender-free terminology, and support this group’s access to rights.
Education on sexual and reproductive health remained optional and inadequate in Nepal. It needed to be made compulsory. Legislation needed to be amended to fully decriminalise abortion, particularly abortions in cases of rape. The State also needed to amend legislation to include sexual and reproductive health and rights and sensitise health care providers and community members on safe births. It further needed to decriminalise sexual relations between consenting adolescents under the age of 18.
The meaningful participation of women in political processes was lacking; many women politicians faced violence. Nepal needed to investigate historic violence against marginalised women, collect disaggregated data on women, enhance women’s leadership capacities, take measures to eliminate discrimination against marginalised women and girls, and provide quality health services to all women and girls, particularly indigenous women, at a minimal cost.
Belarus
Speakers on Belarus said the Constitution did not provide effective protection against discrimination. Women’s rights to education and health care were limited. Belarus had institutionalised discriminatory food provisions; women and girls were not able to access fruit and nuts, leading to long-term health risks.
Access to justice for women was undermined by the persistent persecution of women human rights defenders. Women activists had been falsely labelled as terrorists despite their peaceful actions. The State had systematically dissolved various civil society organizations, including many that supported women. Almost 2,000 non-governmental organizations had been forced to liquidate. All women’s organizations that had prepared shadow reports to the Committee for the last review had been liquidated. It was immensely difficult to find legal assistance due to the political suppression of lawyers. In 2022, the Government had forcibly liquidated all trade unions. Six women trade union activists remained in prisons.
At least 139 women were political prisoners in Belarus. They lacked access to healthcare and were persistently ill-treated. Imprisoned women faced forced labour and modern forms of slavery. If women refused to work, they were put in “cages of shame” and forced to stand outside for several hours. Women prisoners earned between five and 10 euros per month and faced harsh penalties for not meeting quotas.
When domestic violence cases were reported to police, police screened the political activities of the victim rather than provide support. Victims and aggressors were invited together to meetings with authorities, promoting impunity.
Women migrants were vulnerable to trafficking and violence. Domestic violence was not a ground for asylum in Belarus.
Luxembourg
No non-governmental organizations spoke on the situation of women in Luxembourg.
Questions by Committee Experts
A Committee Expert said that there were many laws and policies for women in the Democratic Republic of the Congo, but there was weak implementation. How was the transitional justice policy being implemented for women? Was there a plan to promote the security of women and girls in the Democratic Republic of the Congo?
The Expert shared the non-governmental organizations’ concern regarding the suppression of civil society in Belarus. Were there plans to update the national action plan on human rights in Belarus, and were there plans to establish a national human rights institution?
Another Expert asked about anti-trafficking activities being carried out in the Democratic Republic of the Congo. To what extent were women represented in local governments and decision-making bodies in Nepal?
One Committee Expert asked about financial resources devoted to implementing the national gender equality plan in Nepal. What were areas of concern related to sexual and reproductive health services in Belarus?
A Committee Expert asked about problems regarding access to justice for Dalit women in Nepal. How common was the dowry custom in Nepal? Why was the dowry for younger women and girls lower?
Another Committee Expert asked if the Democratic Republic of the Congo had laws on the accountability of military personnel and contractors involved in violence against women. What social protection system and benefits did Belarus have for women and girls?
One Committee Expert asked about legal provisions that needed to be challenged. What needed to be done to educate girls and society about the harms of the kumari practice in Nepal, which isolated girls from their community?
A Committee Expert called for information on the Democratic Republic of the Congo’s national action plan on the development of the security forces. What action had been taken to dismantle non-governmental armed groups in the east? Was it still possible for non-governmental organizations in Belarus to protect women and interact with the Government?
Responses by Non-Governmental Organizations
Nepal
Responding to questions on Nepal, speakers said there was a very low percentage of women in federal and provincial decision-making bodies in Nepal, and an even lower percentage of Dalit women. There needed to be increased representation of women in these bodies. There were several laws that directly discriminated against women, including laws on legal residences, which considered women and girls’ residences as those of their husbands and fathers. Divorced women lost their property rights. It was prohibited to oppose gender biases in cultural and social practices. Nepal’s laws did not recognise lesbian, bisexual, transgender and intersex women as minorities; this needed to be done.
In Nepal, the parents of women paid dowries, and less dowry was paid for younger women. Dowry payments were most prevalent in the south of the country. The Criminal Code criminalised this practice, but it still existed.
Sexual and reproductive health education was part of the school curriculum but was no longer a compulsory subject. There were also gaps in sexual and reproductive health legislation, with many marginalised women not able to access sexual and reproductive health services.
Dalit women and other marginalised women could not easily access the justice system. They were not made aware of where and how to access justice and faced violence and discrimination from the police because of their identity.
Belarus
Responding to questions on Belarus, speakers said Belarus’ Gender Equality Council did not include non-governmental organizations working on human rights and gender equality. Belarus’ legislation on incitement to hatred was used to oppress women human rights defenders. One such woman had been imprisoned for seven years under this legislation. Raids, inspections and blocking of websites were tools used by the Government to restrict the activities of civil society organizations.
Statements by National Human Rights Institutions
Democratic Republic of the Congo
GISÈLE KAPINGA NTUMBA, National Human Rights Commissioner of the Democratic Republic of the Congo, said the Democratic Republic of the Congo was going through one of its darkest times in recent history, marked by the invasion of the M23 rebels in the east of the country, which was facing a protracted, violent crisis. Many women and girls had been displaced and were facing heightened risks of sexual violence and rape. The National Human Rights Commission had conducted investigations into sexual violence linked to conflict, engaging with competent institutions to address this problem and combat impunity.
The Commission welcomed that the Government had implemented several measures to protect women and girls from sexual and gender-based violence, including a law criminalising such violence and enshrining access to justice for victims. However, there was still a long way to go until these measures could effectively protect civilians from sexual and gender-based violence. The number of internally displaced persons continued to grow, and there had been many cases of rape reported. There needed to be increased funds to limit the circulation of small arms and light weapons, build new camps, and increase humanitarian aid for internally displaced persons. Care for victims of sexual and gender-based violence needed to be given by trained professionals.
The national fund for compensation for the victims of gender-based violence had helped victims to access care. The Commission also welcomed the organisation of travelling courts to combat impunity. The Government needed to restore peace in the east and take steps to protect civilians from gender-based violence, and provide internally displaced persons with adequate aid. Armed groups needed to respect the rules of international humanitarian law and implement an immediate ceasefire. The international community needed to promote peace by adopting sanctions against M23 and other armed groups.
Luxembourg
LAURA CAROCHA, Human and Social Sciences Expert, Commission consultative des Droits de l’Homme du Grand-Duché de Luxembourg [Consultative Commission of the Grand-Duchy of Luxembourg on Human Rights], welcomed the efforts made by Luxembourg to combat discrimination against women since the last report, while noting persistent shortcomings, including a social system that kept women in a subordinate position to men. Luxembourg’s policy favoured a “neutral” approach that was not gender sensitive. Ms. Carocha urged politicians to openly acknowledge this systemic patriarchal domination and to make the deconstruction of this mechanism a priority. To this end, it was imperative that the Government finally implemented the principle of gender mainstreaming in a cross-cutting manner in all its policies.
Luxembourg’s equality efforts lacked an intersectional approach and the Government rarely addressed multiple and intersecting forms of discrimination. Disability was conspicuously absent from the National Action Plan for Equality between Women and Men, while the gender dimension was neglected in the National Action Plan on Disability. It was essential to have detailed data, disaggregated by gender, age, ethnicity, disability and education level, to better understand and address the different forms of discrimination that women faced. The Government also needed to impose concrete actions on companies, municipalities and administrations in terms of gender equality and the fight against discrimination against women.
All actions taken in the fight against discrimination against women needed to be carried out in close collaboration with civil society. This cooperation needed to be translated into lasting partnerships and political will to ensure that the contributions of civil society were seriously considered in the decision-making process.
Ms. Carocha concluded by calling for the recognition of multiple forms of discrimination, and a proactive and participatory response from the Government to gender inequalities rooted in societal dynamics. This meant adopting structural solutions that addressed the root causes of discrimination.
Questions by Committee Experts
A Committee Expert offered condolences to the people of the Democratic Republic of the Congo, including families of civilians who had lost their lives. What did the National Human Rights Commission wish the Committee to highlight in the dialogue with the State party?
Another Committee Expert asked about measures to prevent conflict-related gender-based violence in the Democratic Republic of the Congo.
One Committee Expert asked if humanitarian aid groups were able to access Goma and deliver food, health and menstrual products?
A Committee Expert expressed concern regarding the lack of participation from women’s organizations from Luxembourg in the dialogue. What progress had been made in reforming the Constitution? Was there an initiative to amend the timeframe for authorising abortions in the State? The State party did not publish data broken down by origin. Could data be provided on migrant workers in Luxembourg?
Another Committee Expert asked about Luxembourg’s process for identifying stateless persons.
Responses by National Human Rights Institutions
GISÈLE KAPINGA NTUMBA, National Human Rights Commissioner of the Democratic Republic of the Congo, said that in Goma, people in displacement camps had been bombarded. They had no power and no water, and the Rwandese army was on its way in. The international community needed to assist the Democratic Republic of the Congo in creating humanitarian corridors to assist internally displaced persons fleeing the region. The State had approved laws and measures on preventing sexual violence, but implementing these was a challenge, particularly in regions where the Government did not have control. In the dialogue, the Committee needed to ask the Government to choose diplomacy over other means, as the population was dying for nothing. Those involved in the conflict needed to be prosecuted. The international community needed to condemn the situation in the east and promote diplomacy.
Meeting with the Working Group on Business and Human Rights
Statements
ANDREA ORI, Director, Groups in Focus Section, Human Rights Treaties Branch, United Nations Office of the High Commissioner for Human Rights, said that the meeting would address the nexus between business and human rights, and gender and digital technologies. Cooperation and practices in digital fields needed to not perpetrate discrimination against women. There was room for improvement on measures addressing gender discrimination in the workplace, representation of women in leadership positions, workplace harassment, and labour rights for women. Women were over-represented in low-paying jobs. Stereotypes hindered women’s access to finance and investments, and women had less access to technology and digital services. Today’s discussion would focus on enhancing the promotion and protection of women.
NAHLA HAIDAR, Committee Chairperson, said artificial intelligence and digital technologies had revolutionised everyday life and business practices across sectors in ways that were never envisioned in the past. Strategic, innovative modalities to better safeguard the rights of women and girls called for partnerships, joint approaches and harmonised frameworks. Women needed to be engaged in digital developments from the beginning. States needed to avoid the re-inventing of stereotypes, bias and discrimination and the perpetuation of violence against women through cyber-enabled modalities; safeguard women’s livelihoods and expand economic opportunities in the new digital era for them; and equip women and girls with necessary skills, capacities and tools to contribute to providing digital solutions.
This briefing was anticipated to be the first in a series of collaborative efforts to address substantive issues on women’s economic rights in a digital world based on the provisions of the Convention. Business and human rights principles and the jurisprudence of the Committee and standards could be systematically deployed to uphold and respond to women’s rights protection and economic empowerment, particularly through inclusive digital technologies.
Sadly, gender equality had often been constrained by interpretations outside the text of the Convention, resulting in persistent gender gaps and disparities. Critical partnerships would enable the Committee to explore a collaborative and coordinated approach for bridging digital gender inequalities to create a more inclusive and equitable digital future for women and girls, one that was not only free of all forms of violence but also offered them equal opportunities to access and utilise digital technologies to boost their livelihoods and human capital assets.
LYRA JAKULEVIČIENĖ, Chairperson of the Working Group on Business and Human Rights, said that this year, the Working Group was preparing a report on the use of artificial intelligence in businesses and its human rights impacts. It focused on the deployment of artificial intelligence technologies and procurement by States and businesses, looking at biases and other issues. The use of artificial intelligence and other technologies had many benefits and but also created concerns, including related to gender, and these would be captured in the report. Synergy with the Committee would help both bodies to advance their agendas and strengthen the global protection of human rights, particularly for vulnerable women and girls.
ESTHER EGHOBAMIEN-MSHELIA, Committee Expert, said 300 million fewer women than men had access to mobile internet globally. Although about a third of small and medium enterprises were owned by women, women were under-represented in discussions on the global value chain. States needed to focus on the energy transition and artificial intelligence technologies, as if they did not address issues in these fields, the gender gaps would widen.
FERNANDA HOPENHAYM, Gender Focal Point of the Working Group on Business and Human Rights, said the United Nations Guiding Principles on Business and Human Rights had a cross-cutting gender perspective, and this needed to be addressed by States and businesses. The Guiding Principles said that States needed to include a gender perspective in all policies on business and human rights. It also called on businesses to respect human rights and to implement measures promoting diversity and inclusion. Women needed to be able to access remedies in cases in which their rights were violated. Technologies needed to be gender sensitive, responsive and transformative.
Panel Discussion
In the ensuing discussion, speakers, among other things, said women faced many barriers to accessing the labour market; these needed to be addressed. Countries needed to change company cultures to address discrimination against women employees, and promote diversity and family-friendly policies. Businesses needed to consider documents outlining the rights of women and girls, such as the Convention, and use tools to assess the effectiveness of gender equality measures. They also needed to create an enabling environment for women. Another key requirement was to conduct human rights due diligence with a gender lens.
Some speakers expressed concerns related to discrimination against women in the technology sector. Many companies lacked a gender lens when assessing their value chains and were not carrying out gender-related due diligence. There was evidence of disproportionate harm to non-binary women and the targeting of women human rights defenders online. Companies were actively amplifying gender biases. The Committee and the Working Group needed to work with civil society and to call out companies by name when they violated human rights. They also needed to promote corporate accountability and prevent regression.
Speakers presented measures to change cultural mindsets to support women to succeed professionally; to promote a healthy work-life balance for women; to raise awareness of women’s rights among businesses; and to develop rules and tools to protect women and girls on social media platforms.
Some speakers said technology could allow for greater access to education for women and girls, so women needed increased access to it. One speaker said girls had less opportunities to study in fields such as programming and robotics. With simple reforms and measures encouraging participation, more and more women and girls would choose information technology as a profession, they said.
Some speakers expressed concerns that artificial intelligence technology was not sufficiently regulated. It was possible for artificial intelligence systems to learn and reproduce societal biases and there were also privacy concerns regarding the data that these systems used. One speaker presented efforts to eliminate biases in artificial intelligence systems and to develop tools to ensure that such systems respected human rights.
One speaker called for respect for women’s rights in the energy transition. Women had strong roles to play in preventing child labour in the energy sector and supporting children’s access to education. Businesses needed to ensure women’s experiences were incorporated in energy transition programmes, and to finance science, technology, engineering and maths education programmes for women, speakers said.
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CEDAW.25.002E
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