Government-NGO Dialogue & NGO Strategy Planning Meeting Towards Effective Implementation of Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW)
Date:
Dushanbe, 4 December 2014.
In the course of its development after gaining independence in September 1991, Tajikistan acceded to a number of international instruments in the field of human rights. The CEDAW was ratified on 26 June 1993 as a strong step towards eliminating violations of women’s human rights in the country and taking specific measures to end discrimination against women.
Tajikistan stayed committed to its responsibilities to implement the CEDAW and adopted its standards in its national policy, law and legislative instruments. So, today’s legislative framework in Tajikistan includes but is not limited to the documents like the Law of the Republic of Tajikistan on Prevention of Violence in Family (2013), the National Strategy on the Empowerment of Women for 2010-2020 and its Action Plan; the State Programme for the Prevention of Violence in the Family 2014-2023; National Action Plan on the implementation of CEDAW recommendations 2014-2017; and the national Action Plan on implementation of UPR Recommendations 2013-2015.
Tajikistan submitted its initial, first, second and third report to the CEDAW Committee in 2005. The forth and fifth periodic reports were sent in October 2013, which covered the period from 2006 to 2010. In its Concluding Observations the CEDAW Committee noted a number of positive progresses of the country, however, requested Tajikistan to provide written report in October 2015 on the specific steps taken to implement the recommendations of paragraphs 18 - Violence Against Women and 32 - Disadvantaged Groups of Women.
The recommendations under para 18 include urging the state to prioritize combatting all forms of violence against women and girls within and outside the family, amending the Criminal Code, the Criminal Procedure Code in order to enforce the provisions of the new Law on prevention of violence in the family, develop national action plans, raise public awareness about the new law, provide free legal aid to protect women, establish adequate number of shelters, especially in rural areas etc. The recommendations under para 32 requests from the state to establish mechanisms looking at the impact of socio economic situation on disadvantaged groups of women, particularly migration and its affect on women, address the issues of statelessness of women and children through relevant legislation and compulsory birth registration and ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
UN-Women and IWRAW (International Women’s Rights Action Watch, Asia Pacific) in Collaboration with NGO Women with University Education, Tajikistan and Legal Centre for Women’s Initiatives “Sana Sezim”, Kazakhstan have organized a Government-NGO Dialogue and NGO Strategy Planning Meeting “Towards Effective Implementation of Convention on the Elimination of All Forms of Discrimination against Women”, which will take place in Dushanbe, Mercury Hotel from 4 to 7 December 2014. The event will be represented by two countries – Tajikistan and Kazakhstan. It will be widely participated by key representatives and officials from the Government of Tajikistan and Kazakhstan, variety of NGOs representing women’s human rights and wellbeing in both countries as well as UN, International Organizations and donor organizations assisting and supporting government and NGO initiatives in Tajikistan.
In the course of 3 days of the Government-NGO dialogue participants will build on existing understanding and obligations of both stated on CEDAW implementation as well as share experience and expertise. States will make presentations on current situation on CEDAW implementation and participants will both examine the current status and look at existing gaps that need to be addressed. Government and NGOs will develop a strategic plan to accelerate implementation of the CEDAW Concluding Observations and plan next steps towards monitoring and facilitating CEDAW implementation focusing on joint collaboration of the Government, NGOs, UN and International Organizations both at national and international arena.
The last day of the event will be dedicated to discussions and sharing experience among the NGOs, UN and International organizations on the experiences of women’s groups, strategies to implement CEDAW Concluding Observations and strategies for reporting processes including NGO alternative reports. Organizations will discuss the role of women’s organizations in promoting and advancement of CEDAW implementation and the existing challenges where local and international partners can input and provide assistance to. Participating organizations will discuss current situation in the countries from alternative side angle and develop a strategic plan on the next steps for monitoring the implementation of the CEDAW and the two priority recommendations in particular.
This event will feed and support the upcoming written report activity of the Government on the two priority issues raised by the CEDAW Committee that is due in February 2015. Significance of the CEDAW Optional Protocol and Tajikistan’s experience on its ratification will also be shared during the event.
It is important to mention that the Government-NGO Dialogue and the NGO Strategy Planning Meeting makes a strong input to the Beijing+20 Platform for Action as well as coincides with the global 16 days of activism against gender violence taking action in Tajikistan as well.
CEDAW Committee Concluding Observations for Kazakhstan and Tajikistan:
KAZAKHSTAN
Violence Against Women
19. Recalling its general recommendation No. 19 on violence against women, and its previous recommendation (CEDAW/C/KAZ/CO/2, para. 16), the Committee urges the State party:
(a) To use the Convention, the Committee’s general recommendation No. 19, and its jurisprudence when revising its legislative framework to ensure that the revised Domestic Violence Act of 2009 and the Penal Code comprehensively cover all forms of violence against women, including stalking;
(b) To put in place a system of comprehensive data collection on all forms of violence against women, and encourage reporting of all forms of violence against women and girls, including domestic and sexual violence;
(c) To ensure effective investigation of all complaints and the ex officio prosecution of acts of violence against women, ensure that perpetrators are punished with appropriate sanctions, and do away with any form of mediation and reconciliation in cases of violence against women;
(d) To revise its legislation to ensure that the definition of the crime of rape is in accordance with the Convention and the Committee’s jurisprudence under the Optional Protocol;
(e) To ensure that the draft law proposing amendments to the financing of crisis centres and shelters provides for adequate and regular funding by the State party of those facilities;
(f) To consider ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
Employment
29. The Committee reiterates its previous concluding observations (CEDAW/C/KAZ/CO/2, para. 24) and calls upon the State party:
(b) To strengthen efforts aimed at eliminating structural inequalities and occupational segregation, both horizontal and vertical, and to adopt measures to narrow and close the pay gap between women and men by, among other things, consistently reviewing wages in sectors where women are concentrated;
(c) To review the list of prohibited areas of work for women and consider improving working conditions for such areas of work which are considered to be hazardous to the health of women, with a view to facilitating women’s entry into such occupations;
TAJIKISTAN
Violence Against Women
18. The Committee urges the State party to give priority attention to combating all forms of violence against women and girls, both within and outside the family, and to adopt comprehensive measures to tackle such violence, in accordance with its general recommendation No. 19 on violence against women, including by:
(a) Amending the Criminal Code, the Criminal Procedure Code and other relevant national legislation in order to enforce, among other things, the provisions of Law No. 954 (2013) on prevention of violence in the family with a view to criminalizing all forms of violence against women;
(b) Developing a comprehensive national action plan for the prevention of all forms of violence against women, the protection and support of victims and punishment of the perpetrators and ensuring its full implementation, monitoring and evaluation;
(d) Raising public awareness of Law No. 954 (2013) on prevention of violence in the family and other legislation relating to violence against women through the use of media and educational programmes, as well as raising the awareness of law enforcement personnel, health service providers and teaching staff regarding all forms of violence against women and girls;
(e) Providing free legal aid, adequate assistance and protection to women victims of violence by establishing an adequate number of shelters, especially in rural areas, in cooperation with non-governmental organizations;
Disadvantaged groups of women
32. The Committee recommends that the State party:
(b) Establish mechanisms to regularly monitor the impact of social and economic policies on disadvantaged groups of women, including by taking a comprehensive, multifaceted approach to addressing the specific challenges of migration that may affect women;
(d) Take the measures necessary to address the statelessness of women and children in the State party, including through amendment and enactment of relevant legislation, as well as through compulsory birth registration;
(e) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness