COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN REVIEWS THE SITUATION OF WOMEN IN EL SALVADOR
The Committee on the Elimination of Discrimination against Women today considered the combined eighth and ninth periodic reports of El Salvador on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Introducing the report, Carlos Castaneda Magaña, Deputy Minister of Foreign Affairs, Integration and Economic Development, said that El Salvador had adopted the special comprehensive law on the right of women to a life free of violence and the law on equality and eradication of violence against women, and it had strengthened the National Institute for Development of Women to take a guiding role in the advancement of the rights of women. Following the latest elections, women held more than 30 percent seats in the Legislative Assembly, the Central American Parliament and municipal governments, but more progress was still needed in municipal councils. The draft law on sexual and reproductive health had been presented in December 2016, while proposed amendments to the criminal code aimed to decriminalize abortion when the life of the mother was at risk, when a pregnancy occurred as a result of sexual violence or trafficking in persons, in case of severe foetal malformations, and when a pregnancy of a minor was a result of violence. Specialized courts for the life free of violence and discrimination for women would start operating this year, and the Safe El Salvador Programme aimed to reduce violence through measures in four priority areas in relation to tackling violence and crime and ensuring access to justice and providing support to victims.
In the interactive dialogue, Committee Experts recognized the challenge of violence which provoked insecurity and threatened economic and social progress, and acknowledged efforts taken to improve the socio-economic situation of the population and women in particular. The complete ban on abortion set in place a system that was extraordinarily harsh and unjust, particularly on poor and uneducated women who found themselves pregnant sometimes at the age as young as ten; it also created a public health crisis and a tragedy. Was El Salvador committed to the reform of the criminal code and at least partial decriminalization of abortion? Experts were gravely concerned about the persistent high rates of violence against women, with highest femicide rates in the world: one woman killed every 16 hours, often by a close family member, while only two percent of cases were prosecuted. The country was selected for accelerated implementation of the Sustainable Development Goals, and a questions was asked on the role of the gender machinery in that context and how the implementation of the Goal from gender perspectives would be assured.
In his concluding remarks, Mr. Castaneda Magaña expressed satisfaction at the opportunity to share progress and achievement El Salvador made, and to discuss the challenges that remained.
The delegation of El Salvador included representatives of the Ministry of Foreign Affairs, Integration and Economic Development, the Legislative Assembly, the Ministry of Health, the National Institute for Agrarian Transformation, the National Institute for Development of Women, and the Permanent Mission of El Salvador to the United Nations Office at Geneva.
The Committee will next meet in public on Monday, 20 February, at 4 p.m. to hold an informal meeting with civil society organizations from Germany, Sri Lanka, Rwanda and Micronesia, whose reports will be reviewed next week.
Report
The combined eighth and ninth periodic reports of El Salvador can be read here: CEDAW/C/SLV/8-9.
Presentation of the Report
CARLOS CASTANEDA MAGAÑA, Deputy Minister of Foreign Affairs, Integration and Economic Development of El Salvador, said that the highest level public policy tool, the Five Year Development Plan, defined strategies for the achievement of good living, and contained specific actions to assist traditionally excluded groups to participate in development, and a priority was on women. The National Plan for Equality 2016-2020 and the national policy for access of women to a life free of violence had been adopted, while the special comprehensive law on the right of women to a life free of violence 2012 and the law on equity, equality and eradication of violence against women created a legislative framework. The National Institute for Development of Women had been strengthened to take a guiding role in the advancement of the rights of women, while a specialized technical commission was in place to ensure the implementation of the law of the right of women to a life free of violence. In 2016, El Salvador had created an office for gender statistics in the National Statistics Directorate with the aim to produce, analyse and disseminate national statistics which reflected the condition and situation of women in the country.
The law on education and the law on teaching professions had been adopted, which contributed to eradication of violence against women in the education system, and female illiteracy had been reduced from 24.9 percent in 2009 to 12.4 percent for girls under the age of ten. The amendment to the law on political parties aimed to ensure that women represented at least 30 percent of candidates on electoral lists; following the latest elections, women held more than 30 percent of seats in the Legislative Assembly, the Central American Parliament and municipal governments, but the improvement still needed to be made in municipal councils. The national plan for indigenous peoples was being finalized in a participative manner and with a leadership of indigenous women. A team had been put in place to develop a policy for rural and campesino women, which would address access to land and water, impact of climate change, and food security. The project of the law on sexual and reproductive health had been presented in December 2016, while the Legislative Assembly proposed amendments to the criminal code aimed to decriminalize abortion when the life of the mother was at risk, when a pregnancy occurred as a result of sexual violence or trafficking in persons, in case of foetal malformations which were incompatible with life outside of uterus, and in case of a pregnancy of a minor resulting from rape.
Specialized courts for the life free of violence and discrimination for women would start operating this year. El Salvador recognized that violence against women was a complex issue which required a greater institutional and local focus; the Safe El Salvador Programme aimed to reduce violence through measures in four priority areas in relation to tackling violence and crime and ensuring access to justice and providing support to victims. The nationwide coverage of specialized mechanisms of care for women experiencing violence had been improved; there were 82 specialized care units at the national level and the National System of Attention was being constructed, but providing adequate protection, services, reparation and restitution to victims was an important challenge.
Questions by Experts
A Committee Expert recognized the challenges El Salvador faced including violence which provoked insecurity and threatened economic and social progress and acknowledged efforts the Government was taking to improve the socio-economic situation of the population and women in particular.
Turning to the legislative framework, the Expert asked about barriers to the ratification of the Optional Protocol and the steps taken to advance the ratification.
The consequences of the complete ban on abortion were well known and had been criticized by human rights experts. The system was extraordinarily harsh, unjust and applied only to the most disadvantaged women and girls – the poor, uneducated, often sexually abused, who found themselves pregnant sometimes as young as ten years of age. The Expert acknowledged the plight of those women, the destruction of their dreams, the trampling of their autonomy, but also their resilience and dignity.
Was the Government aware that the harsh legislation, the penalties imposed on women (up to 40 years for aggravated murder) and the denunciation of women and girls by medical personnel, did not curb abortions but created a public health crisis and tragedy? Was the Government committed to the reform of the criminal code and ready to legalize abortion at least in cases of threat to the life or the health of the women or girl, and in cases of rape, incest and severe foetal malformation?
Awaiting reform, was El Salvador ready to apply a moratorium on the application of the law or at least let women accused of abortion await their trial outside of jail, expedite the review of the cases of all the women presently in jail for abortion-related offences, and restore full confidentiality in the doctor-patient relationship by immediately stopping the reporting to the police by health personnel in cases of abortion, actual or suspected, and making clear rules to guide all health professionals as to their obligation of confidentiality?
Question was also asked about the situation of women human rights defenders, and how they were protected.
What was the impact of the very important decision of the Supreme Court which challenged the constitutionality of the 1993 amnesty law? Impunity for past crimes favoured impunity for present crimes, stressed the Expert.
Experts also asked the delegation to comment on the legal recognition of embryo as a person.
Replies by the Delegation
The delegation explained that the amendments to the criminal code proposing partial decriminalization of abortion under certain circumstances had been conceived as the right of women to choose and decide, whether she wished to abort pregnancy. The problem now was ensuring the majority of signatures in the Legislative Assembly and in the plenary. The Supreme Court placed the obligation on the Legislative Assembly to resolve the issue. Should the adoption of the amendment be delayed due to a lack of signatures or votes, the work on the adoption would continue. The elections were coming up and the work on the adoption of the proposed law would continue also then. El Salvador was trying to progress within the limits it had.
The whole state participated in the implementation of the national plan on equality; the idea of courts on gender-based violence was also to look into all forms of discrimination against women. There was a specific process for the staffing of the courts, which included training and awareness raising, participation of civil society organizations and citizens, and the specific role of the prosecutor.
The delegation informed that there were around 12,000 human rights defenders in the national network and efforts were being taken to provide their protection in procedural justice. The role of human rights defenders was recognized at the legal level, and the work was ongoing to recognize attacks on human rights defenders as crimes.
The delegation explained that the proposal for partial decriminalization of abortion specified circumstances under which abortion could take place and stressed that a specific category of underage girls pregnant as a result of rape and sexual violence had been introduced because of the gravity of the problem in the country, where 69 girls under the age of 19 were impregnated every day. The key challenge to the adoption of the proposal was a fundamentalist view of the lawmakers, men and women alike, and the priority was on getting the majority vote in the Congress to bring about the reform.
The Government had taken steps to address the historical human rights abuses, including the el Mozote massacre of 1981. It had collected memories and was also addressing the issue through the implementation of the national plan on the United Nations Security Council resolution 1325, under which former female combatants were actively involved in construction of peace.
The Ministry of Health was obliged to provide information in cases of pregnancy following rape of underage girls; the first and foremost obligation of medical personnel was the preservation of life. El Salvador was a secular state, and the law on life free of violence underscored it; nevertheless, there were very conservative attitudes in the country and among lawmakers. The proposed amendment had 31 votes and 12 more were needed to move it to the voting stage.
Questions by Experts
A Committee Expert stressed the crucial importance of the national gender machinery and asked how it would be strengthened, considering the limited financial resources allocated to it. How were the two full-fledged representatives to the National Institute for Development of Women selected?
The delegation was asked to explain data collection methods and mechanisms.
El Salvador had been selected as a country for accelerated implementation of the Sustainable Development Goals: how did the national gender machinery see its role in ensuring gender mainstreaming into the Sustainable Development Goals and how would it monitor the implementation of the Goals from the gender perspective?
Another Expert welcomed the adoption of the law on equity, equality and eradication of violence against women and asked about strategies in place to modify negative gender stereotypes. The Committee was concerned that temporary special measures were not being sufficiently used to accelerate the achievement of de facto equality, and asked about additional measures taken to achieve equality in key sectors.
Replies by the Delegation
Responding, the delegation said that a mechanism was in place which allowed the oversight of the election of female candidates to the National Institute for Development of Women and stressed that those candidates were not appointed by the Government but were rather elected by participating organizations.
The Institute was monitoring the collection of gender data, for example the ongoing use of time survey. It was conducting a survey on the perception of violence against women against women, on which its regular annual report on violence against women was based. In March this year, the first ever statistical yearbook on the situation of women would be published, which would outline areas of progress and where more attention was needed. There was a need for a unified national system of data collection, stressed a delegate, particularly in the area of violence against women, as different sets of data were being kept by the police, another by the prosecution, and yet another by courts.
There was also a need for stronger political and financial support for the Institute by the State, and the recognition of that mechanism at the cabinet level, in order to enable it to make progress. The Institute had a standing team working on the Sustainable Development Goals and was also a part of the national team which would submit the report at the end of the year. Temporary special measures to close persistent gaps in employment and education were contained in the national equality plan.
Questions by Experts
On violence against women and access to justice in that context, an Expert expressed concern about the persistent high rates of violence against women. El Salvador had the highest rates of femicide in the world, with one women being murdered every 16 hours. Perpetrators were mainly close family members, and only two percent of cases were prosecuted. How would that high rate of femicide be addressed, including through a judicial reform? What was the status of the proposed reform of article 14 of the family code concerning the minimal age of marriage?
Expressing concern about the impact on women of the widespread gang-related violence, the Expert asked whether the deployment of specialized battalions to fight gangs and organized crime groups was a factor in the spike of violence against women.
Another Expert stressed the importance of data and statistics in relation to human trafficking and trafficking in persons. What progress had been made in systematizing the data available on that phenomenon? What was being done to bring to justice the perpetrators? How effective was the Safe El Salvador programme in that context?
Replies by the Delegation
The delegation said that the had been 525 femicides in 2015, but also cautioned about the reliability of data as there was no unified system in the country. The entry into force of the special courts would ensure a clarity on the type of crime which was committed. The rate of violence against women was very high indeed and was the leading cause of teenage pregnancy. There were mechanisms in place to identify territorial aspects of the violence in order to adequately orient programmes and interventions. Impunity for femicide had to do with interpretation of the law, and the identification of the perpetrator, for example whether it was a gang (mara) of a women’s partner who was a member of the mara. There were over 80 specialized units and 25 national units, as well as a specialized police unit, which were linked into a system to provide support and care to women, from reporting, to justice, to restitution of rights.
The National Council against Trafficking and the anti-trafficking law were in place; in addition, there was an ongoing reform of the criminal code in how the cases were heard and which ensured criminal responsibility not only for perpetrators of trafficking, but for clients as well. The number of sentences had increased, including a well-known television person and several rich individuals, which increased the visibility of the phenomenon of human trafficking. There were specific programmes for returning migrants, particularly those victims of sexual violence and trafficking on migratory routes. El Salvador was planning to adopt a unified strategy for victims of trafficking which would also include a restitution mechanism to victims.
Questions by Experts
A Committee Expert expressed concern about the continued under-representation of women in public and political life, particularly at the municipal levels, where only ten percent of mayors were women. What were the obstacles women faced in the participation in public and political life and which mechanisms, other than temporary special measures, were in place to support this participation?
The delegation was asked about the participation of women in the foreign service and diplomatic corps, and in the international organizations.
Replies by the Delegation
The delegation explained that the a number of affirmative actions were being taken to ensure equal participation of women in politics. More needed to be done to support women to participate in politics at the national level by sharing the burden of care for home, children and family members and so enable them to participate. A national policy of care in that regard was being developed. If women did not know about their rights, it was difficult to convince them to participate actively in politics, and there were awareness raising programmes on the rights of women. Actions were being taken to address the strong use of stereotypes in political campaigns and to increase access for women to campaign funding.
The Institute on Diplomatic Studies trained career diplomats; currently, ambassadors to Belgium, France, Japan, United States, Italy, the Netherlands, Austria, the United Kingdom, and to the United Nations Educational Scientific and Cultural Organisation and to the Food and Agricultural Organisation of the United Nations were women, while ninety percent of the staff at the Permanent Mission in Geneva were women.
In terms of increasing representation and political participation of indigenous women, the delegation noted decades of discrimination against indigenous women and girls, and said that efforts were being taken to ensure they were listened to in many arenas. For example, indigenous women were leading the process of developing the national plan of action for indigenous peoples. It was hoped that indigenous women would soon take posts in the public and political sectors.
In follow-up questions, Experts asked whether the recognition of indigenous peoples extended to the black people as well, which represented a rather invisible minority in the country.
The delegation said that El Salvador was working on collecting data which would soon shed more light on the living conditions of the populations that had long been neglected.
Questions by Experts
An Expert congratulated El Salvador on the improvement in reducing illiteracy rates and making education more accessible, and asked about gender equality education at all levels of the educational system, including education on sexual relations and sexuality, gender-based violence, and equality.
Another Expert expressed a number of concerns about the implementation of employment policies, and asked about measures taken to break the significant wage gap including in the work of the same value; steps taken to improve the situation of domestic workers; and how labour exploitation, particularly in the textile and shoe industry, was being addressed.
The health system in El Salvador was quite complex and involved different institutions which responded to various groups of population depending on their social contributions.
How did the Ministry of Health ensure gender perspectives in the provision of health services and training of medical personnel? How was health care delivered at a municipal level, particularly for women, minorities and people of different sexual orientation and gender identity? What was being done to ensure appropriate health care, including mental health care, for women serving long sentences for abortion?
Replies by the Delegation
Responding to the questions and comments made by the Experts, the delegation said that one of the focus areas in the 2016 policy for gender equity was education and reduction of gender-based violence in schools. The wage gap persisted by the law on equality and the elimination of discrimination against women in force since 2011 provided for equalization of wages between women and men who carried the same work. Domestic work was often undeclared, and it was impossible to carry out labour inspections. The Government was working on increasing a number of unannounced labour inspections in textile and shoe industry.
The national health system was indeed very complex, said the delegation, with the Ministry of Health reaching 80 percent of the population, and social security, military health and other institutions delivering care to the remaining 20 percent. The public health system was present in 272 municipalities and there were around 500 units which were able to promote health services including early detection of diseased and early detection of pregnancy. All the services were free of charge for the six million people benefitting from it. There were 67 reproductive health clinics and 39 specialized family health hospitals throughout the country which facilitated access to family planning services and to health care for children. In 2009, 53 percent of women had given birth in hospitals, and that number had grown to 99.6 percent in 2016.
In follow-up questions, an Expert noted with concern that El Salvador was facing a crisis of teenage pregnancies, most of which were linked to violence, and asked the delegation to explore the link between education and health. Another Expert asked for additional clarifications on the principle of confidentiality and denunciation of women who had an abortion, noting that half of the women prosecuted for abortion had been reported to the authorities by their post-abortion health care providers, and they all came from public and not private clinics, which meant that there was a discrimination in place.
The delegation said that there were thousands of clandestine abortions and that the law obliged health workers to report it or face prosecution. There was going to be a general meeting of doctors in March in order to better understand the proposal for the decriminalization of abortion. It was not possible to get rid of patriarchal attitudes overnight and the scope of the problem must be understood. Education of teachers, doctors and professors was not a guarantee of change. The school of substantive equality had been established and in three years several thousand public officials had been trained.
Questions by Experts
Committee Experts asked for additional information about loans and credits accessible to women, and about the solidarity fund for family micro-enterprises. The land given to women was not always the best and required lot of work and investments to convert it into fertile land.
Foreign investment caused in some cases displacement of families, concessions that were granted to foreign companies made it difficult for communities to access national resources and often, concessions were not given in consultation with affected communities and women in particular. What was being done to assist communities and most disadvantaged women to cope with the impact of climate change?
Was there a strategy in place to support returning migrant women, how was health care being delivered to women in detention, and what was being done to provide legal support to women in prolonged pre-trial detention?
Replies by the Delegation
More than 5,000 projects had been undertaken to empower rural women, including through the Banca a Mujera programmes. During the 2013-2015 period some 17,000 women and 16,000 men had benefited from different types of credits, in various sectors. The national policy for rural women, developed in consultation with rural women, was being monitored by the Food and Agricultural Organisation of the United Nations and more than 40 rural women held representative roles at the highest levels.
The National Institute for Agrarian Transformation had allocated land titles to 3,421 women in 2016; it had a specialized gender committee to ensure that gender parity not only in number of land titles allocated to individuals, but in the position of plots and quality of land. The national plan for indigenous peoples, prepared in intensive consultation with indigenous peoples under the leadership of indigenous women, would soon be presented to the President.
The law on mining companies was being discussed, but it was important to mention that there was no large-scale displacement due to mining activities. All displacement that had happened was because of the conflict.
The total population in prison stood at 31,000 and less than half of them were women; only a small proportion were in jail because of abortion which was considered an aggravated homicide and carried heavy sentences.
El Salvador was extremely vulnerable to climate change. The National Secretariat on Vulnerabilities and risks had developed a protocol for emergency situations in which the rights of vulnerable persons were adequately protected.
Questions by Experts
A Committee Expert asked how women’s unpaid household work was reflected in the division of marital property following divorce, and about a dispute resolution mechanism women could access if their rights were violated in divorce and property division and in child alimony.
Was there a mechanism, apart from a penal sanction, to ensure that father or husband paid
alimony?
Replies by the Delegation
The delegation informed the Committee that the proposed reform to the family code was currently before the Legislative Assembly, which would allow widows to refer back to their own surname and no longer use “widow of” in their name. Significant efforts were being put to follow up on those defaulting on their maintenance payment obligation.
Progress had also been made in the reform of the criminal code, which now ensured that non-compliance with alimony payment carried suspension sentence and a fine. With the aim of ensuring life free of violence, efforts were focused on increasing sentence for those individuals who continue to default on alimony payments.
Concluding Remarks
CARLOS CASTANEDA MAGAÑA, Deputy Minister of Foreign Affairs, Integration and Economic Development of El Salvador, said that it was a pleasure to share progress and achievement El Salvador made to date and also to hear Experts’ comments and questions.
DALIA LEINARTE, Committee Chairperson, commended El Salvador for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of more comprehensive implementation of the Convention throughout the State party.
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CEDAW17/007E