COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF BURUNDI

The Committee on the Elimination of Discrimination against Women today considered the combined second, third and fourth periodic reports of Burundi on how that country is implementing the provisions of the Convention on Elimination of All Forms of Discrimination against Women.

Rose Nduwayo, Vice-Minister in charge of Human Rights and Gender of Burundi, introducing the report, said life had become hard in Burundi. There had been an economic, social and political crisis, the result of the war that had begun in 1993, and had not yet finished. An important policy had been elaborated and adopted by the Government of Burundi in 2003, with the main goal of reducing discrimination and inequalities which women suffered from in order to reach equality between the sexes. An Action Plan for its implementation had been elaborated. Burundi had a strong wish to begin implementing the Convention in its different domains. However, obstacles remained, including in particular the conflict which had not yet come to an end.

Among questions and issues posed by Committee Experts was whether a time-frame had been adopted for the legislative reform process; to what extent the Parliament and Senate would be involved in the implementation of the Convention and the reporting process; what was the percentage of women in the national human rights body, and what was the mandate of the latter; whether there were sufficient funds to close the gap of school attendance between boys and girls in a specified period of time; whether the State intended to elaborate and promulgate a domestic violence law; and whether HIV/AIDS programming was based on the ABC programme, and whether the Government had carried out a study to examine and address social factors preventing the implementation of this programme.

In concluding remarks Ms. Nduwayo said she was very satisfied by the approach the Committee had adopted. The dialogue had been frank with the Experts. This had also been a way of going through the information in a good atmosphere, looking at the problems that affected a country, and a way of experiencing the same problems, which was a positive thing.

Also among the delegation of Burundi were representatives of the Permanent Mission of Burundi to the United Nations Office at Geneva, and the General Directorship for Promotion of Women and Gender Equality. As one of the 185 States parties to the Convention, Burundi is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.

The next meeting of the Committee will be at 10 a.m. on Thursday, 17 January, when it will take up the combined initial and second periodic reports of Saudi Arabia (CEDAW/C/SAU/2).

Report of Burundi

The combined second, third and fourth periodic reports of Burundi (CEDAW/C/BDI/4), presented in one document, notes that despite the gaps that remain in the Convention’s implementation, progress has been made since the initial report was analysed in January 2001. Government authorities have continued to strive to advance the status of women and respect for women’s rights. The Burundian Government has paid particular attention to the Committee’s recommendations, especially in connection with efforts to combat HIV/AIDS and to promote sex education for young people. The pandemic has begun to subside thanks to these efforts. At the constitutional level, the Convention has been made an integral part of the Constitution of the Republic of Burundi, with the result that the implementation of all its provisions is easier to monitor. Failure to observe those provisions will henceforth be tantamount to a violation of the Constitution.

The Government’s clear policy of reducing gender disparities at all levels of education and training has resulted in an increase in girls’ gross and net enrolment ratios. Their enrolment ratios in secondary and higher education has risen as well. The provision of primary education free of charge will undoubtedly bring about further increases in girls’ enrolment ratios. Progress has also been observed in the area of employment, although disparities remain and are primarily linked to the delays in girls’ education. In terms of health, the maternal mortality rate has begun to decline slightly, while the number of births attended by skilled personnel is rising. With respect to the economy, the Interim Strategic Economic Recovery and Poverty Reduction Framework includes a particular focus on women. The Government of Burundi has not neglected the concerns of rural women, as shown by its activities to raise awareness of reproductive health issues, provide training for groups of producers, promote income-generating activities under all projects and extend micro credit.

With respect to the institutional machinery for the advancement of women’s rights, synergies have been created through the dissemination of the Convention in collaboration with other stakeholders, spreading awareness of women’s rights. This enabled many more women to run for office in the various elections that took place recently. The most notable progress has been made in promoting girls’ education, gender equality, reproductive health and women’s empowerment. The Government of Burundi acknowledges the gaps that remain in the Convention’s implementation, and is resolved to eliminate them. Priority will be given to the laws on inheritance, marital property and gifts, the bankruptcy law and the law on the protection of persons living with HIV/AIDS; all these texts are currently before Parliament. The Government is further resolved to initiate reforms of the Labour Code, the Family Code, the Penal Code, the Nationality Code and the Tax Code to make them consistent with the Convention. It also pledges to maintain and even increase the momentum of its efforts to promote girls’ education and women’s access to high-ranking posts and decision-making bodies. Special attention will be paid to rural women.

Introduction of Report

ROSE NDUWAYO, Vice Minister in charge of Human Rights and Gender of Burundi, introducing the report, said life had become hard in Burundi. There had been an economic, social and political crisis, the result of the war that had begun in 1993, and had not yet finished. Economically speaking, there was a lack of production and income, not enough international financial assistance or investments, and strong pressure on the State Treasury and public resources. Poverty largely affected women and children. The country was, however, consolidating peace, and there was political normalisation and reconstruction. The setting up of democratic institutions was decisive for restoring peace and giving hope for economic and social development. There was violence, including against women and girls, and this needed to be faced. The Convention was included in the Constitution. However, there were still discriminatory laws.

An important policy had been elaborated and adopted by the Government of Burundi in 2003, with the main goal of reducing discrimination and inequalities which women suffered from in order to reach equality between the sexes, Ms. Nduwayo said. An Action Plan for its implementation had been elaborated. The Government had also officially launched a movement to educate girls. Measures had also been taken, including seminars and a Permanent Parliamentary Commission to eliminate prejudice and customary practices harmful to women. The crisis the country had gone through for over twelve years had changed mores, and had a negative effect on beneficial customary practices. The Government had a Plan of Action to fight against violence against women. Gender focal points would be put in place in all police stations, and a free-phone number would be put in place for victims. Burundian women did not suffer from any judicial discrimination with regards to participation in public life. Thanks to constitutional measures and the Government’s commitment, significant advances had been made with regards to women’s participation in political life. Ministerial portfolios had been given to women, and these were much more important than those that were traditionally granted.

On the judicial level, approximately 20 per cent of posts of responsibility were held by women, and they increasingly held decision-making posts in public and para-public administration. However, some challenges remained to be overcome. Existing laws guaranteed the same rights to men and women with regards to access to employment and the benefits attached thereto. Women suffered from high maternal mortality due to a lack of time and means to ensure adequate medical oversight during pregnancy and childbirth. Work was being done to remedy this. The Government was also strongly committed to fighting HIV/AIDS, and had a range of programmes in this regard. With regards to written legislation on economic matters, women suffered from no form of discrimination. There was a serious need to improve the living conditions of rural women, and there were a number of projects with this aim.

Ms. Nduwayo said Burundi had a strong wish to begin implementing the Convention in its different domains. Priorities had been defined mainly through the implementation of the National Gender Policy, the revision of still-discriminatory laws, and the fight against violence done to women, particularly at the level of the integrated care of victims. However, obstacles remained, including in particular the conflict which had not yet come to an end. There were initiatives such as the joined-up efforts of the national authorities, as well as women’s groups and women representing the people.

Questions by Experts

Among questions and issues raised by Committee Experts on articles one to three of the Convention were whether a time-frame had been adopted for the legislative reform process; whether changes would be made with regards to nationality and inheritance, and the transmission of the name by the mother; to what extent the Parliament and Senate would be involved in the implementation of the Convention and the reporting process; whether civil society had been involved in the drafting of the report; what Governmental body was in charge of following-up issues to ensure the Convention was fully implemented; whether there were any intentions to study the adverse effects of the Family Code provision which gave authority for the family to the husband and whether there were any reports of complaints of abuse in this context; what plans the Government had to implement the concluding recommendations issued after the first report; what was the percentage of women in the national human rights body, and what was the mandate of the latter; and how many women actually had access to traditional institutions providing justice.

Response by Delegation

Responding to these questions and others, Ms. Nduwayo pointed out that the delay in submission was not due to the will of the Government, but due to other factors. It was a reflection of progress that the Convention had been defined in articles of the Constitution itself - this was an important step for the country, as reference could be made to it. The Convention itself was not enough and there were other international legal instruments that were important. Very few reforms had been carried out, the delegation said; new institutions had only been created since the end of 2007 - with these, and the new Constitution, Burundi was only at the start of the process. The body that was supposed to draw up the report on the Convention was the Ministry in Charge of Gender Issues, but it did so in cooperation with civil society, other concerned sectors, and other elements, including the Gender Commission.

On discrimination, Burundi recognised that there were discriminatory laws. Some articles had been singled out. The Family Code had been analysed, and, the delegation said, the Government was in the process of reform, in collaboration with civil society, in particular the Society of Women Jurists. Amendments had been completed with regards to children, and had been transmitted to the Government, but had not yet been completed for women. On the law on succession, Burundi recognised that the first draft should improve matters, but the Gender Ministry was trying to collaborate with all the various parties involved in order to further examine the issue, as this was a sensitive issue. The Family Code stated that the husband was head of the family, and Burundi recognised that there could be misuse of that. Until the Code was revised with regards to the rights of women, then women had to be protected from certain abuses, but this was planned. The Independent Human Rights Commission, Ms. Nduwayo said, had been analysed by the Government, and discussed in Parliament, and soon a draft law would be handed in to be promulgated and come into force at the end of February. With regards to the constitution of the body, this would take place soon, and should have equality of representation between men and women.

With regards to the issue of female child soldiers, when demobilisation took place, a request had been made to take account of gender, and that women or girls who had been demobilised be offered projects for social reintegration, the delegation said. These were financed, and they were given a return package in order to be reintegrated into their social context. The Convention had been translated into all national languages, and disseminated through decentralised agencies of the Gender Ministry. With regards to the age of marriage, the current ages were discriminatory, and a review would be made of this issue.

Questions by Experts

In further questions and issues raised on articles four and five, Committee Experts asked whether there was recognition that the need for a change in the status of women had lost momentum since the Arusha Agreements; whether there were any linkages between the Ministry of Gender and the local level; what kind of services were provided at the local centres; whether the national gender and human rights bodies were effective, or whether they would be revised to be more effective, and who was monitoring them; to whom complaints of violations of rights could be made; how often did the National Gender Council meet and whether there had been any evaluation of the Plan of Action it had formulated according to the National Gender Policy and how important the latter was for the Government; and whether there were sufficient funds to close the gap of school attendance between boys and girls in a specified period of time.

Response by Delegation

Responding to these issues and others, Ms. Nduwayo said with regards to the National Gender Policy and whether the impetus to establish gender equality had diminished, the former was considered by the General Directorate of the Ministry. There was not a lot of information on the content of the National Gender Policy as it appeared in the report, the delegation said. It had been adopted by the Government in September 2003. Its content covered 12 areas which had been deemed to be priority areas by the community, men and women together. It sought to do away with the main forms of discrimination that had been identified in the country, including in culture and tradition, mobilisation for peace and women’s participation therein, education, employment, agriculture, health, and others. The implementation and follow-up mechanisms that stemmed from the policy were still not functional today. The Government was working on making them a reality. However, this did not mean that nothing had been done, as the Policy covered many different sectors, and its implementation was cross-cutting.

On Family Development Centres and the structure thereof, these existed in the majority of provinces, however there were two which required Centres, the delegation said. They contributed to the literacy of adults to support women in community groups, among other things. They suffered from a lack of staff and insufficient budget. On the transitional justice institutions, the process was just starting off. Women had a growing role to play in Burundi, even though only a few years ago they were deemed to be second-class citizens. This was no longer the case today, and Burundi was proud of this. If there were, however, gaps and lacunae, it should be accepted that this was due largely to a lack of means.

Questions by Experts

In further questions on articles five and six of the Convention, among issues raised were what measures had been taken to amend legislation and speed up the modification of mentalities and suppress discrimination; whether the State intended to elaborate and promulgate a domestic violence law; a request for more information on the special measures that were being taken to protect women from sexual violence, in particular in rural areas; a request for information on the mental health programmes supported by the Government; what was the present situation of the National Action Plan to Combat Violence against Women, and what was its budget; whether there was a programme to address the male attitude towards violence against women; what were the support services and rehabilitation programmes for the displaced including women; and what was the situation with regards to trafficking in women and whether there were any plans to suppress this phenomenon.

Response by Delegation

With regards to these questions and issues, Ms. Nduwayo said the Gender Ministry dealt with violence against women, and took the issue very seriously. A programme of Sixteen Days on Violence against Women had been held, with the aim of sensibilising the population as a whole to the situation. It was also an opportunity for women who had been raped to speak in public so that other women were aware of the situation and their experiences, in order to contribute towards eradicating the scourge. The Sixteen Days were also a lesson and form of moral support for all those who had been raped. The Family Development Centres also provided these women with help and moral support. The number of rapes was increasing year by year, mainly due to the internal and psychological consequences of war, which required more education and training. Many women who were raped were abandoned by their families or spouses, and they were taken in by the Centres and trained to be economically independent. The Centres could not take away the internal wounds and psychological trauma. It was urgent that Burundi cure this national ill, or society would be torn apart.

There were many kinds of violence against women, including domestic violence, which was also a problem in Burundi, Ms. Nduwayo. There were civil society organizations that were trying to encourage women to report cases, in order to change men’s behaviour, but this was a lengthy process. There was a new law to combat violence against women on the programme of the Gender Ministry, and it was on the books for 2008, the delegation said. It was hoped that this year it would be drafted. The issue of amicable settlement was a fact with regards to sexual violence, and this did take place, mainly due to Burundian culture, and to avoid publicising the identity of the person who had suffered the violence.

With regards to trafficking of women and girls, the delegation said Burundi cooperated on this matter with civil society, and had received information about the possible existence of trafficking of women destined for prostitution. Burundi had acceded to ILO Convention 182, which was enshrined in the National Gender Policy, and was intending to implement it fully. The National Plan of Action on Violence against Women covered awareness-raising activities, training activities, care for victims including legal, medical, social and psychological care, and coordination. In 2008, this last element would be improved, the delegation said, making sure that all partners were aware of the activities of the other partners.

Questions by Experts

Taking up articles seven to nine of the Convention, Experts asked, among other things, what was female representation in provincial and municipal elected bodies and whether there was a mechanism to ensure that women were represented at these levels; and whether there was a policy to develop special temporary measures to increase the representation of women in positions of authority and at the head of administrations in the public sector, including increasing the number of women in the diplomatic corps.

Response by Delegation

Responding to these issues and others, Ms. Nduwayo said women were represented at a rate of 32 per cent at the Senate and Government level. In the Government there was also a compliance with the requirement rate of 30 per cent. However, there was concern that a number of high-level posts which had been occupied by women were now held by men. The representation at the regional level did not respect the 30 per cent requirement. Burundi should aim for 50 per cent in the future. There was no good representation of women in the diplomatic corps, and there were flaws in that area which needed to be remedied in the future, with more support gleaned from different organizations to ensure a better representation of women. Burundi was not satisfied with the situation at the local level, the delegation said, but an important step had been taken, and this should be recognised. All political parties had been made to work together on synergies and develop a document on gender-mainstreaming in the Constitution and the Electoral Code. An Action Plan was being developed to prepare for the next elections, and it was hoped that further steps forward would be taken at that point. The lack of women in the judiciary and in the Office of the Public Prosecutor was recognised to be unacceptable, for a range of reasons, including that it was easier for women to confide in other women. This was a challenge before Burundi, one that it would have to take up and solve.

Responding to brief follow-up questions, Ms. Nduwayo said the role of the National Human Rights Commission was one of observing, to ensure that human rights were applied, and to accept complaints and, if required, to transmit them to the bodies empowered to receive those complaints. The National Gender Council existed as a mechanism for follow-up for the National Gender Policy. Burundi worked to satisfy the basic elements which the population needed, Ms. Nduwayo said, and expected aid to help it carry out the programmes it intended to develop. Even whilst making an effort, Burundi was emerging from conflict, and there remained many difficulties for it to face. Customary law had long been the prerogative of men, but this was now changing and women could express their opinions in the context of the customary means for resolving conflict.

Questions by Experts

Taking up articles ten and eleven of the Convention, Experts raised, among other questions and issues, whether policies were having an impact on the enrolment rates of boys and girls; what measures the Government had taken to improve the situation of girls’ enrolment; what efforts were being made to increase the number of women teachers in the universities of Burundi; the vital importance of educating girls, as without their education, development could not take place; issues linked to equal remuneration for work of equal value, and whether the legal provisions in this regard would be brought into line with the Convention; issues linked to discrimination during maternity leave; whether there were any strategies in planning for the informal economy and to bring women into the formal economy where they could enjoy greater benefits; and how a social security scheme for the informal sector could be promulgated and brought into force.

Response by Delegation

With regards to these questions and issues and others, Ms. Nduwayo said that a national policy quite recently had introduced free schooling, and this had led many parents to bring their children to school, and had led to an awareness of schooling for girls. It was encouraging girls, as the policy stated that it was obligatory to send all school-age children to school. One of the primary causes encouraging girls’ education was that educated women found it easier to find jobs. There were women teaching in universities. On the lack of role models, there were not a lot of these, but there were some.

Among the discriminatory laws which had been targeted, the delegation said, there was, inter alia, the Labour Code, which dealt with maternity leave. Not all women who had a contract received half their salary when on maternity leave, as today people were becoming more aware. There was now free primary schooling. The Government tried to provide uniforms and notebooks for those who could not afford them. There had also been an initiative to provide food at schools, in an effort to bring in more girls and avoid discrimination, and this had proved to be successful.

There were around 20 per cent of women working in the informal economy, Ms. Nduwayo said. In urban areas they tended to have small shops, in the rural areas they tended to work in agriculture. Women in rural areas were encouraged to group together to obtain micro-credits for income-generating projects.

Questions by Experts

On articles eleven and twelve, Experts raised, among other questions and issues, whether HIV/AIDS programming was based on the ABC programme, and whether the Government had carried out a study to examine and address social factors preventing the implementation of this programme; maternal mortality and the need to emphasise this as much as other aspects of health; how midwives could help in improving maternal health; whether the Government had taken measures to provide reproductive education with the aim of reducing abortion figures; whether there was a targeted time-frame plan to build up health services with the help of international donors; that something should be done to provide emergency obstetric care services; and what the Government had done to ensure that women had access to contraception, in particular rural women and adolescent girls.

Response by Delegation

Answering these questions and others, Ms. Nduwayo said with regards to the HIV/AIDS pandemic, this highlighted women’s vulnerability, and was also linked to sexual violence. Essentially, Burundi sought to educate the population, and achieve mobilisation, with a Ministry in charge of the case file of HIV/AIDS in a visible and high-profile manner. A large part of the community was involved in the fight, the delegation said, with many different initiatives at different levels. With regards to abortion, this was illegal and clandestine, Ms. Nduwayo said, and to obtain statistics on it was therefore very difficult. There was a framework strategy to fight against poverty which focused, among others, on children under five, and Burundi was seeking support for the accompanying measures.

Couples were informed of the different contraceptive measures that existed, the delegation said. There were meetings in hospitals on this topic. From the basic level of school education, even from the primary education level, there was talk about sexual education for children. Secondary schools had the topic in the syllabus, such as in biology lessons and civic education. In higher education, there was further teaching. Condoms were not, however, distributed in schools.

Questions by Experts

On articles fourteen, fifteen, and sixteen, Experts asked, among other things, how many women in rural areas owned their own agricultural land as opposed to men; what were the figures with regards to access to services such as electricity and drinking water; what was the fertility rate among rural women; what were the rates of infection for HIV/AIDS in rural areas; whether there were any figures on how women used micro-credit, and whether there were any programmes educating them on how to use it; the need to end the extrajudicial amicable settlements with rapists and to restore dignity to their victims; what was being done to secure the rights of older, displaced and disabled women in rural areas; a request for more information on the right of rural women to inherit and what happened when a divorce took place or somebody was widowed; whether it was possible and who had the authority to punish or sanction judicial or police officials who were guilty of misdemeanours; whether there was a training school for judicial officials or police officers and whether they treated men and women on an equal basis; and whether the Family Law had a separate stream for Sharia Law, or whether it was applicable to all.

Response by Delegation

Responding to these issues and others, the delegation said the number of women who had land with access to electricity and sewage were not figures that currently existed, but the matter would be pursued, as it was one of the features of the National Gender Policy. With regards to childbirth, it was an average of 6.2 per woman. There were ten provinces which had programmes on land - these were not specifically on women, but had a woman-specific component, such as support to them in particular. On micro-credits for rural women, there were projects including World Bank projects which provided credit for women’s projects. On family violence in rural areas, the problem was that women did not denounce their husbands due to cultural attitudes. It was very unusual for women to prosecute their husbands, as they felt to blame, or that society would reject them. It was very difficult for them to break the silence on both this matter and on sexual violence; however, this was changing slowly, thanks to campaigns of awareness and education.

On friendly settlements of rape issues, this was illegal if there was sexual violence, and was unacceptable. Local authorities had been informed that this was not the way to resolve such matters, the delegation said. Ritual cleansing for widows was not a tradition in Burundi. Widows were poor and direct support to the most vulnerable came from the Ministry of National Solidarity, working together with the Ministry for Gender Issues. The children of widows were also helped as orphans. On inheritance rights, this was regulated at the national level. Polygamy was an issue that was resurfacing among Muslims, Ms. Nduwayo said. The Ministry had not been dealing with this issue - there was no provision under the Family Code for polygamy. The age of marriage was 18 for women, 21 for men, and this gap did show discrimination, and the Government was reviewing the issue, but was still waiting for the final report of the review.

Concluding Remarks

ROSE NDUWAYO, Vice-Minister in charge of Human Rights and Gender of Burundi, in concluding remarks, said she was very satisfied by the approach the Committee had adopted. The dialogue had been frank with the Experts. This had also been a way of going through the information in a good atmosphere, looking at the problems that affected a country, and a way of experiencing the same problems, which was a positive thing. With a wish to be more productive, she said questions could be submitted with more time to answer them, then they could be answered with more detail and more precision.


For use of the information media; not an official record

CEDAW08005E