United Nations
18/01/2006
General Assembly
WOM/1529
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Department of Public Information o News and Media Division o New York
NOTE: FOLLOWING ARE SUMMARIES OF STATEMENTS MADE THIS MORNING TO THE
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN. A
COMPLETE SUMMARY OF TODAY'S MEETINGS OF THE COMMITTEE WILL BE
AVAILABLE AS PRESS RELEASE WOM/1529.
Background
The Committee on the Elimination of Discrimination against Women had
before it Togo's combined initial, second, third, fourth and fifth
reports. Having acceded to the Convention in 1983, the Government
undertook to submit an initial report on the implementation of the
Convention in 1984, and periodic reports every four years thereafter.
Presenting its initial report more than 20 years after the
ratification of the Convention, the country explains this "substantial
delay" as "the result of factors beyond the control of competent
authorities, who were well aware of their responsibilities in the
matter".
After the first democratic elections in 1993, the National Assembly
has adopted a series of laws and policies, which include the
declaration on a national policy on the advancement of women
(currently in the process of adoption). The 1997 draft focuses on the
need to incorporate a gender approach into development programmes and
projects; guarantee girls and women access to education, training and
information; provide technical and financial support for the
income-generating activities; and ensure access to land, credit,
technology and other means of production. Togo also reports having
adopted a policy aimed at accelerating de facto equality between men
and women. Practical action in this respect includes the
implementation of the national Dakar and Beijing follow-up plan and
the establishment of an inter-ministerial commission to harmonize
domestic legislation with international standards.
The national machinery for the advancement of women includes the Union
of Togolese Women, the General Directorate for the Advancement of
Women and the national Beijing follow-up committee. Under the
country's 1992 Constitution, all its citizens are equal before the
law, with no distinction on the basis of origin, race, sex, social
condition or religion. Men and women are equal before the law, and no
one may gain advantage or suffer disadvantage by reason of his or her
family background, ethnic or regional origin, economic or social
situation, or convictions. While Togolese law does not expressly
define discrimination against women, it is clear that discrimination
against women based on sex and marital status is prohibited, the
Government states.
Under the Constitution, international conventions that have been duly
ratified and promulgated are binding on Togolese courts and the
authority of treaties and agreements takes precedence over domestic
legislation. Every person living in Togo has the right to bring a
matter before a Togolese court. The victim of a human-rights
violation may apply to a court for redress on the basis of the Codes
of Criminal and Civil Procedure. Among the non-judicial mechanisms
for the promotion of human rights, the report also lists the National
Human Rights Commission, the General Directorate for Human Rights, as
well as various non-governmental organizations, leagues and
associations concerned with human rights protection.
While mentioning some progressive statutes and regulations, including
those on educational reform, equal pay for workers, the pension, and
the Charter for political parties, the Government notes the lack of
effective enforcement of laws "owing to the fact that most people are
unaware of their provisions". Some of the country's legislation is
also "unsatisfactory in certain respects". The 1980 Personal and
Family Code, for example, contains many provisions that are
discriminatory toward women. Proposals for amendments to this Code
are expected to be presented to the Government shortly.
The report notes that Togo's citizens "have not yet internalized the
country's positive law; they continue to lead their daily lives in
accordance with the precepts of customary law, largely unaffected by
modern legal concepts". Women continue to be underrepresented within
the Government, the diplomatic service, the parliament, municipal
councils, the army and the police. The Government and human rights
non-governmental organizations are attempting, through education and
awareness programmes, to induce the people to discard discriminatory
customs. For example, they all joined forces to combat female genital
mutilation, which was ultimately prohibited by Law 98-016 of 17
November 1998. Before the enactment of that law, one out of every
eight Togolese women was excised. Since its enactment, there has been
a perceptible change of mentality: increasingly, the practice of
excision is regarded with disapproval.
Regarding traditional roles in society, the document says that men are
"the incarnation of authority". The husband is the head of the
family, exercising his power "in the common interest of the couple and
their children". He represents the family to the outside world, makes
decisions, enjoys certain forms of consideration and has a
preferential entitlement to education. In rural areas, tasks
requiring physical strength are regarded as men's work exclusively.
While women contribute extensively to farming activities, economic
power in production units is held by men.
The woman, for her part, plays the roles of wife and mother and has
responsibility for all domestic and household tasks. Outside the
home, she constitutes "a substantial fraction of the farm's labour
power". Also prevalent in the country are such practices as early
marriage; ritual bondage involving the placement of girl children in
covens of fetishists; certain rites of mourning for widows; and
dietary prohibitions and taboos.
Women, especially in rural areas, do not inherit property in full
ownership; they can inherit only its use, based on their marital
status. A woman can be a beneficiary of a modern system of
inheritance only provided her husband, during his lifetime, expressly
renounces the customary form of inheritance. Polygamy is permitted by
the law, but each wife is entitled to equal treatment. However,
equality of treatment is difficult to enforce within the family.
Although all forms of domestic violence are prohibited under Togolese
law, in practice, its victims tend to be afraid to lodge a complaint,
or "are unwilling, out of modesty, to reveal details, especially
personal details, of their private lives". Few women are sufficiently
courageous to seek help. Criminal investigation statistics indicate
that, in 1999, there were 246 cases of deliberate domestic violence in
Lomé. According to the Criminal Investigation Service, cases of
domestic violence account for between 1 and 2 per cent of the total.
Presentation of Reports
The country's reports were introduced by Togo's Minister of
Population, Social Affairs and the Promotion of Women, KANNY
SOKPOH-DIALLO, who said that the delay in the presentation of the
reports had been caused by certain institutional constraints. In the
future, the country would strive to respect the deadlines for report
submission.
Among the major changes since 2002, she mentioned the election of the
new President of the Republic and formation of the Government of
National Unity in April last year. Unfortunately, the elections had
been marred by violence. The new Government had pledged to strengthen
the rule of law and develop democracy as part of its core commitments.
One of its top priorities was the promotion of women through
strengthening and consolidating their rights and combating such
negative phenomena as violence and genital mutilation.
The Government intended to pay particular attention to education.
Efforts were also being made to improve the situation of rural women.
Rehabilitation of markets, job security and improving conditions of
work were among the main concerns that the Government was trying to
respond to. To enhance the socio-economic and political status of
women, the Head of State had undertaken to increase the responsibility
of women in political, professional and social life of the country and
promote the protection of women. Furthermore, the Government sought
to promote gender equality as a fundamental right and as a political
objective to build a new Togo. Sectoral recruitment for teaching and
police positions was pursued without any gender distinctions, for
example. For the first time in history, 68 women had been chosen to
serve in the police forces.
The Government had also undertaken to reform the justice system, and a
programme had been drafted towards that end. New laws had been
promulgated for the protection of people with disabilities, including
women. Cases of inequality that had been noted concerning the
domicile, marriage, adoption, inheritance and so on had been reviewed.
In 2005, Togo had ratified an Optional Protocol to the African
Charter on Human Rights as it related to the rights of women. The
possibility of ratifying the Optional Protocol to the Convention was
now being discussed.
The Government had also prepared responses to the concerns expressed
by the Committee. To evaluate the measures to implement the
provisions of the Convention, a workshop had been organized last year
by her Ministry, she said, in partnership with the United Nations
Development Programme (UNDP). In particular, campaigns were now
organized on an annual basis to raise awareness of the issues related
to violence against women. A national strategic plan on violence
against women was being prepared by a group of experts. A law on
trafficking in children was also being drafted. The Family Code was
being reviewed. Strategies for access to credit for women were being
implemented.
In the areas of education and women's health, the Government, by means
of a strategic plan, was promoting girls' access to school and
reducing their education costs. Health coverage and training courses
were being improved. Efforts were being made to fight the HIV/AIDS
pandemic and provide protection for people vulnerable to the disease,
including women and sex workers.
More remained to be done, she added. The long procedure of enactment
of laws, resistance to change and inadequate financing were among the
difficulties faced by the Government. Those difficulties were not
going to stop the Government, however.
Experts Questions and Comments
FRANÇOISE GASPARD, an expert from France, asked how the Government
proposed to follow up on the Committee's conclusions and to continue
the dialogue in general. Would the Committee's conclusions be
discussed in parliament and disseminated around the country, in an
effort to change laws that were discriminatory towards women? She
also asked if the Government planned to meet with non-governmental
organizations.
CORNELIS FLINTERMAN, an expert from the Netherlands, asked whether the
Government envisaged the full involvement of civil society
organizations, both of women's and human rights organizations, in
implementing the Government's compliance with the Convention. Also,
he asked what steps had been taken so far to "bring the courts closer
to people", as stated in the report, noting that no human rights
treaties have been cited in a court of law. He remarked that a speedy
ratification of the Optional Protocol could be a stimulus to increase
the quality of judicial protection of women's rights in the country.
SILVIA PIMENTEL, an expert from Brazil, said that since the country's
values and mentalities were determined largely by religion and
tradition, it was necessary for civil society to be engaged in setting
the priorities. Had the Government decided to increase its level of
partnership with non-governmental organizations? She also said that,
for State committees to obtain concrete results, their work must be
accompanied by careful evaluation and analysis.
PRAMILA PATTEN, an expert from Mauritius, asked whether any measures
would be taken to strengthen the national machinery dealing with the
implementation of the Convention's provisions, namely in terms of
resources and its professional capacity. Also, she asked whether
Government policies had been evaluated so far. On the report of the
inter-ministerial reform of the Family Code, which recommended that 24
discriminatory provisions be amended, she asked whether there was a
time frame on its follow-up. She also expressed concern about the
lack of research on domestic violence and sexual harassment, which was
crucial for clear policies to condemn this violence. How would
institutional mechanisms be strengthened so that women could report
incidences of violence against them while staying free from
retaliation? Also, were there any measures to improve access of women
to justice, especially of those in rural areas?
ROSARIO MANOLO, an expert from the Philippines, asked if victims of
violence had the freedom to go directly to the courts in seeking
redress, or must they go through the "non-judicial" system?
HEISOO SHIN, an expert from the Republic of Korea, noted that three
steps needed to be taken in order to revise discriminatory laws.
First, the law must be reviewed to identify the existence of
discriminatory provisions. Next, the case must be debated within
parliament. Finally, the law must be made operational, and the
judiciary and women, in general, educated about the changes made. She
noted that the inter-ministerial committee established to review the
discriminatory provisions had officially ended its work in March
2003. What was the status of the proposals made by the committee, and
had they been forwarded to parliament? Was the committee still in
existence and, if so, would there be any other laws reviewed by them,
aside from those relating to the Family Code? She also asked about
the involvement of women's organizations in the process, and whether
there was a targeted end-date.
MARY SHANTHI DAIRIAM, an expert from Malaysia, asked whether the
education of citizens and the judiciary in relation to women's rights
and the Convention sought to raise awareness of women's rights to
equality, which she noted was different from simply "women's rights".
Also, she asked whether judges were made clear of their obligation to
interpret the law, noting that no cases citing the Convention have yet
been brought to court, and asked the panel to explain the contents of
the judicial education. Regarding the mechanisms necessary for women
to file complaints, she asked whether any data was being gathered on
patterns of violations. What changes were required of the legal
framework to enforce existing law?
DUBRAVKA SIMONOVIC, expert from Croatia, wondered about the position
of the Convention in Togo's legal system. It seemed that the
country's Constitution provided for the precedence of that instrument,
but the report also stated that its provisions were not effective and
that harmonization of the domestic laws with international standards
was needed.
HANNA BEATE SCHÖPP-SCHILLING, expert from Germany, said that it was
gratifying that after many years of neglect, the country was again
making efforts to empower women. The Prime Minister, in submitting
his action plan to the Assembly, had given women's advancement a
priority. Had that plan been actually mainstreamed? How did it
relate to other, existing plans, including those related to the
Millennium Development Goals? She also asked about the monitoring
systems to evaluate the implementation of those plans and the
percentage of the budget that was geared towards the goals for the
advancement of women. She also noted that a key role for change
actually lay with the tribal chiefs and asked what was being done to
get their cooperation.
FUMIKO SAIGA, expert from Japan, asked for some clarifications
regarding the country's machinery for the advancement of women and
various bodies' interrelations.
Country Response
Responding to the experts' comments and questions were the members of
Togo's delegation, which included Kanny Sokpoh-Diallo, Minister of
Population, Social Affairs and the Promotion of Women; Eugenie Nakpa
Polo, Overall Director for Human Rights, Ministry of Human Rights,
Democracy and Reconciliation; Aminata Traore-Ayeva, Legal Adviser of
Gender Equity to the Prime Minister; Dosse D'almeida, Director of
Cabinet for the Minister of Justice; Yackoley Johnson, Legal Adviser
to the Minister of Population, Social Affairs and the Promotion of
Women; Leontine Akuavi Akakpo, Director General of the Promotion of
Women, Ministry of Population, Social Affairs and the Promotion of
Women; and Raouf Mama Tchangnao, Director of the Legal Status of
Women, Ministry of Population, Social Affairs and the Promotion of
Women.
Ms. SOKPOH-DIALLO said that the Committee's encouragement was
important for the country's efforts. She also assured the experts
that Togo's civil society and non-governmental organizations were
broadly involved in all the activities for the advancement of women.
The new Togolese Government had already drafted a gender strategy
plan, which was expected to be adopted at the end of January. Last
December, a workshop had been held to fine-tune the Family Code and
bring it in compliance with the Convention. Soon, the changes would
be submitted for adoption.
Responding to Ms. Saiga's question, she said that, over the years, the
name of her Ministry had changed several times. Now it was called the
Ministry of Population, Social Affairs and the Promotion of Women. As
for the budget for gender programmes, the delegation would have to
come back to the Committee with the answer.
Mr. D'ALMEIDA said that the 2005-2010 programme to modernize the
justice system included a pilot subprogramme, which provided for
access for rural women to the justice system. The programme
envisioned a more independent and efficient system of justice. Civil
judicial assistance would be provided by the Ministry of Justice
through a specially dedicated fund. The Government also intended to
fully revise the Civil and Family Codes.
Another important area related to the judges' training, and that had
been the purpose of a recent workshop. Article 140 of the
Constitution provided for international instruments having authority
transcending domestic law. In general, human rights instruments could
be directly invoked by defendants, including women. So far, that
approach had not been the same for the women's Convention.
Ms. TRAORE-AYEVA provided an overview of the mandates that the Prime
Minister had given to advisers on gender issues. She had the honour
to be one of them. The advisers had been selected from the database
of women executives in the country, as well as ambassadors and
directors of institutions. A recent diagnostic study, which had been
carried out in Togo, would enable the Government to identify areas
where further efforts were required.
Some 16 amendments to the country's legislation were currently being
studied, she said. Education was a very important area where gender
imbalances needed to be rectified. Efforts were being made to set up
a system of positive discrimination to encourage the schooling of
girls.
Experts Questions
Regarding temporary special measures in the education sector, Ms.
PATTEN asked whether mechanisms were in place to monitor its
implementation and to measure its progress. She also asked whether
those measures had a time frame and asked for details of their
impact. In addition, she asked whether special provisions were needed
in order to apply temporary special measures to other sectors, and
asked whether a Constitutional review was envisaged to preclude from
having to make provisions in specific laws. Were there any provisions
in the action plan of the new Government regarding participation of
women in political and public life, as well as in international
organizations?
Country Response
Ms. SOKPOH-DIALLO explained that difficulties in monitoring and
evaluation were due to an absence of data, but a new census of the
Togolese population would soon be undertaken. That census would take
into account mainstreaming indicators, and hopefully, more details
could be obtained as a result.
She assured the Committee that, regarding the education for girls in
rural areas, there were indeed more girls in school than boys. She
said it was due specifically to the plan of action adopted in December
2005 by the Council of Ministers, which provided funding to ensure
that primary education be made universal by 2015. Also, at the
beginning of the current school year, girls paid less for their
schooling than boys, and further, schooling fees for girls in rural
areas were lower than that for girls in other areas.
On Constitutional provisions that prevented the Convention from being
applied, Ms. Sokpoh-Diallo said that a workshop was held in December
2005 to examine the issue and that recommendation would be forwarded
to the Government upon completion of the exercise.
Regarding inheritance rights, she said that currently women could
inherit from her husband only if he opted for the issue to be settled
according to modern, rather than customary, law. This fact had
already been pinpointed as not being in line with the Convention. As
for women's participation in political and public life, she
acknowledged that much still needed to be done. Currently efforts
were being made to improve women's representation in government. For
example, 30 per cent of posts within her own ministry were held by
women, and the Secretary-General of the Foreign Affairs Ministry was a
woman. However, there were no female leaders of political parties.
She assured the Committee that efforts were being made to make clear
to the Togolese population that women, too, take an active role in all
areas of development.
Experts Questions
MARIA REGINA TAVARES DA SILVA, an expert from Portugal, asked how the
Government intended to breach the gap between "principles and good
intentions" and the existing reality in Togo -- where many traditions,
such as forced early marriage, genital mutilation and others, were not
in line with the Convention -- and whether the Government would do so
without delay. Also, she asked whether men would be involved in
helping to change such traditions.
GLENDA P. SIMMS, an expert from Jamaica, noted that changing people's
mindset with regard to sexual roles and stereotypes would be "the
greatest challenge", where men still seemed to be the "incarnation of
authority". She asked how the Government proposed to "deconstruct the
male patriarchy" in Togo, in the face of systemic barriers and the
small number of women in parliament. What resources were available
for such a task, and was there a strategy in place to take up such an
endeavour?
Ms. SIMONOVIC said that the acceptance of gender stereotypes seemed to
be a way of life that could not be changed. In face of this, what
measures were being taken to break down those stereotypes? Also,
although the Convention had precedence over national laws, its
provisions were not self-executing and required incorporation in
national legislation. Indeed, were Constitutional changes envisaged?
DORCAS COKER-APPIAH, expert from Ghana, congratulated the delegation
on today's presentation and the Government's political will to improve
the situation of women. However, she wanted to address the
traditional and cultural practices that hindered the achievement of
gender equality. She was particularly interested in the "ritual
bondage" involving the placement of girls in fetish shrines, usually
to atone for a crime committed by a member of her family. That
violated the girls' rights. Similar practices existed in her country,
but the Government had taken measures to eliminate them. In that
connection, she wanted to know what the Government of Togo was doing
to eliminate harmful traditional practices.
KRISZTINA MORVAI, expert from Hungary, recalled that, according to the
report, up to one quarter of adolescent girls had already experienced
pregnancy. Less than half carried their babies to term. It seemed
that women had access to abortions, and she wanted to know if there
was research on the effect of early sexual life and abortions on young
girls.
Country Response
Ms. SOKPOH-DIALLO said that she could not deny that, despite the
Government's efforts, many women were not aware of their rights. More
needed to be done in that respect. Her Ministry intended to place
great emphasis on education to make women familiar with their rights.
In implementing the Convention, the country "may be lagging behind a
little, but you also have to realize the situation we have been living
through since the early 1990s", she said. While the country had gone
through a difficult period, the new Government was determined to
address gender equality issues.
Ms. AKUAVI AKAKPO added that the rights of women were being
communicated to them through radio and television broadcasts,
educational campaigns and workshops. Days devoted to specific topics
had been organized by the country's civil society, in cooperation with
the Government. At the regional level, there was a programme -- set
up by the United Nations Population Fund (UNFPA) -- to make women
aware of their rights. Through offices at the local level, women were
being taught how to assert and enjoy their rights on a daily basis.
Each ministerial department would soon have a gender focal point. An
important role was played by literacy campaigns.
Regarding stereotypes, Ms. SOKPOH-DIALLO said that changing people's
mindsets took time. Certain tribal chiefs had clearly said that they
wanted to support the gender concept. In particular, they were
appealing to the people to send their girls to school.
Regarding abortion, she said that the new Health Code -- now under
study -- would prohibit abortion, unless it was therapeutic. She also
noted Ms. Morvai's proposal to carry out a study of early sexuality.
Last August, a law had been adopted prohibiting trafficking in
children and, in July, nine countries of the area had joined an
agreement to stop trafficking of girls for purposes of sexual
exploitation. The Secretary of State responsible for children and the
elderly was trying to raise awareness on that issue.
Experts Questions
Commenting on the trafficking of women and prostitution, Ms. MORVAI,
expert from Hungary, stressed that the two issues must be looked at
together. She expressed disappointment in what she saw as the
tendency to place "all the responsibility" regarding prostitution and
its related problems on the women themselves and their supposed "moral
depravity". She noted that prostitutes did not engage in prostitution
alone, but required clients, who were usually men, and urged that the
demand-side of prostitution be examined more deeply. She asked for a
clear explanation of the Government's position on prostitution, and
further asked whether Togo had ratified the Convention for the
suppression of the traffic in persons.
Country Response
Ms. SOKPOH-DIALLO expressed agreement with Ms. Morvai's comments, and
said that the Government has expressed political will to fight against
those promoting prostitution, including the clients and procurers. As
a mark of its political will, the Government had declared 31 July to
be Women's Day.
Addressing the police's round-up of prostitutes, she explained that a
majority of those involved in the industry were minors, and upon being
rounded up, were taken into care with their consent and subjected to
medical examinations. Non-governmental organizations, such as
Providence House, played a major role in that area.
Mr. D'ALMEIDA said that Togo had ratified the Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others on 14 March 1990.
Experts Questions
XIAOQIAO ZOU, an expert from China, noted that the percentage of
women's participation in political life was low, with only 6 per cent
of parliament members being women, 11 per cent as mayors, and no women
governors. She asked whether the Government's next steps might
include the establishment of a quota system.
She also remarked that women did not have an equal chance of being
elected, perhaps due to stereotypes, and wanted to know if research
had been conducted in this area and whether activities would be
carried out to solve the problem.
VICTORIA POPESCU, an expert from Romania, asked about the absence of
women in local structures, mentioned in a 2001 report, and how that
hampered their ability to serve at the central level. Had the
situation changed since then? What had the Government done to achieve
a better representation of women at the local level? She also
stressed the need to develop cooperation among the Government,
non-governmental organizations and women's associations in that
regard, and encouraged the adoption of specific temporary measures to
improve their participation. She also asked whether action had been
taken to encourage and mobilize women to participate in the voting
process, and whether it was true that a husband could vote in place of
his wife.
MERIEM BELMIHOUB-ZERDANI, an expert from Algeria, said that in order
for development to take place, it was necessary to bring about
equality between men and women. For that, financial resources were
needed and she acknowledged the difficulties faced by a country from
the poorest continent in the world. She noted the absence of a quota
system, but suggested that such a system was necessary for favourable
laws on schooling, employment, representation within political parties
and so on, and could be pushed forward.
MAGALYS AROCHA DOMINGUEZ, expert of Cuba, commended the country's high
level of representation at the Committee. She shared another expert's
view that participation of women at the community level was an
important precondition of achieving gender equality. A number of
measures had been taken to guarantee women's presence in public
office, but it was not clear if such measures were part of a global
structure to guarantee equality. She also wanted to know about the
results of the diagnostic gender study in 2005 with regard to
political participation of women and difficulties encountered in that
respect. Had the Government considered adopting specific measures on
the basis of that study?
Mr. FLINTERMAN, expert from the Netherlands, asked for several
clarifications on the issue of nationality. Why hadn't the
Nationality Code been brought in line with international standards?
Had a draft children's law been adopted? Was it true that a Togolese
woman could not have her foreign husband acquire the country's
nationality? One of his other questions related to the information
contained in the report that a Togolese woman carrying the name of her
husband required her husband's consent to get a passport. What if she
retained her own name?
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For information media o not an official record
