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Experts of the Committee on the Elimination of Discrimination against Women Commend Bhutan’s “Human Dignity Clinic”, Ask about Women’s Representation in Political Bodies and Perceptions of Violence Against Women
10 October 2023
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the tenth periodic report of Bhutan, with Committee Experts commending Bhutan on its development of the “Human Dignity Clinic”, and asking about the potential introduction of quotas for women’s representation in political bodies and public perceptions of violence against women.
Rangita de Silva de Alwis, Committee Expert and Country Rapporteur for Bhutan, congratulated Bhutan on its development of the “Human Dignity Clinic”, a legal institution that promoted the rights of vulnerable populations in the country. It upheld the vision of the Universal Declaration of Human Rights, which recognised the inherent dignity and the equal and inalienable rights of all.
Ms. de Silva de Alwis asked if the State party would consider a gender equality law which addressed formal and substantive equality, including quotas for women’s representation? In Bhutan’s 2023 elections, only one woman was elected to the National Council.
Another Committee Expert said a 2017 nationwide study on the prevalence of violence against women and girls revealed that around 53.4 per cent of women and girls agreed that a man was justified in hitting their partner under certain circumstances. 28.9 per cent of women and girls who experienced sexual or physical violence still believed that men were superior to women. What mechanisms and measures were in place to address these perceptions?
Kesang Deki, Cabinet Secretary of Bhutan and head of the delegation, introducing the report, said that, guided by the national development philosophy of “Gross National Happiness”, Bhutan was committed to pursuing policies that ensured the overall wellbeing of all persons, in particular vulnerable groups such as women, children, elderly and persons with disabilities. The Convention on the Elimination of Discrimination against Women was the first international human rights instrument ratified by Bhutan, which indicated the strong will and priority of the Government towards the rights of women.
The delegation said that in 2023, Bhutan achieved gender parity in primary and secondary education. At the tertiary level, women’s share of enrolment increased from 46 per cent in 2019 to 49 per cent in 2022. The dropout rate for girls between primary to secondary levels averaged only 2.3 per cent from 2020 to 2022, which was partially due to the school feeding programme, which covered 63.9 per cent of the student population. The programme would be further expanded to cover an additional 21 per cent of students by 2024.
The State party was encouraging women’s political participation, the delegation said. At the local government level, women’s representation was increasing. The national gender equality policy for 2018 to 2023 was being enforced. The State party first wanted to see the outcomes of that policy before proceeding to other actions.
On perceptions of violence against women, the delegation said that, in comparison to the 53 per cent figure in the perception survey of 2017, in the same survey conducted in 2012, over 70 per cent of woman respondents had said violence against women was justified in certain circumstances. The Government was revising the school curriculum to change the mindset of children in this regard.
In concluding remarks, Kesang Deki, Cabinet Secretary and head of delegation, expressed gratefulness for opportunity to share Bhutan’s efforts on its journey toward achieving gender equality. Women needed to be the architects of, rather than mere participants in, policies promoting gender equality. They would continue to have unwavering support from the Government in that regard.
In her concluding remarks, Ana Pelaez Narvaez, Committee Chairperson, commended the State party for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee for purposes of more comprehensive implementation of the provisions of the Convention throughout the territory of the State party, for the benefit of all women and girls in the country.
The delegation of Bhutan was comprised of representatives from the Cabinet Secretariat, the Secretariat to the National Commission for Women and Children, Thimphu District Court, Office of the Prime Minister, The PEMA Secretariat, Gender Expert Group, National Medical Services, Ministry of Foreign Affairs and External Trade, and the Permanent Mission of Bhutan to the United Nations Office and other international organizations in Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-sixth session is being held from 9 to 27 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Wednesday, 11 October to consider the ninth periodic report of the Philippines (CEDAW/C/PHL/9).
Report
The Committee has before it the tenth periodic report of Bhutan (CEDAW/C/BTN/10).
Presentation of Report
KESANG DEKI, Cabinet Secretary and head of delegation, said that, guided by the national development philosophy of “Gross National Happiness”, Bhutan remained committed to pursuing policies that ensured the overall wellbeing of all persons, and in particular vulnerable groups such as women, children, elderly and those with disabilities. The Convention on the Elimination of Discrimination against Women was the first international human rights instrument ratified by Bhutan, which indicated the strong will and priority of the Government towards the rights of women. She reaffirmed Bhutan's unwavering commitment to pursuing women’s upliftment and ensuring their equitable participation in social, economic, cultural and political spheres.
A National Law Review Task Force was constituted in 2015 to harmonise and consolidate national laws. In 2018, the Task Force completed its work and submitted its recommendations, based on which amendments were carried out across the entire gamut of national laws. Of particular importance to the Convention was the amendment of Section 213 of the Penal Code of Bhutan to decriminalise homosexuality. In 2017, a specialised “Family and Child Bench” was established in the capital for resolving family and children related matters. The Royal Bhutan Police had significantly expanded its Women and Child Protection Services. Initiatives were underway to extend the facility to three more districts by 2024, ensuring coverage across all 20 districts.
The National Gender Equality Policy 2020, the National Child Policy and Sexual Violence Policy were currently under review. The 2020 Policy to Accelerate Mother and Child Health Outcomes was set to be launched on 14 October 2023. This initiative aimed to improve the availability, accessibility and quality mother and child health services for vulnerable pregnant and lactating mothers through the implementation of a conditional cash transfer support mechanism.
In the Global Gender Gap Index, Bhutan had progressed from 126th position in 2022 to 103rd out of 146 countries in 2023. Bhutanese women played an active role in several United Nations peacekeeping missions around the world and their representation was well above the United Nations target of 17 per cent. In the foreign service, 26 per cent of diplomats working abroad were women. Women constituted close to 50 per cent of total voters. As of September 2023, 15.2 per cent of Parliamentary seats were held by women, an increase from 13.9 per cent in 2008. Over the past six years, women’s representation in the civil service increased from 36 per cent in 2016 to 44 per cent in 2022 in professional and management positions, and from 10 per cent in 2016 to 23 per cent in 2023 in executive and specialist positions. In 2023, women held 16 per cent of executive positions, with four of the 10 government secretaries being women. Women held 13.9 per cent of constitutional posts. In the judiciary, 50 per cent of the workforce were women, with 27 per cent as district level judges and 59 per cent as bench clerks. Similarly, women's representation increased from 25 per cent in 2022 to 37 per cent in 2023 in the Board of Directors of Druk Holding and Investment, the commercial arm of the Government, and from nine per cent in 2018 to 11 per cent in 2022 in State-owned companies. Despite the progress, Bhutan was far from achieving gender parity. There was a need to further increase women’s representation at all levels and the Government was committed to implementing interventions that addressed barriers, including socio-cultural perception about women leadership.
Bhutan successfully navigated the three-year long COVID-19 pandemic with minimal loss of life. To ensure uninterrupted access to maternal health services, a mobile cardiotocography service was introduced in November 2020. Since the introduction of this service, it saw incremental growth in patients. As of August 2023, a total of 9,615 pregnant women had used this service.
As of 2023, Bhutan successfully achieved gender parity in primary and secondary education. At the tertiary level, women’s share of enrolment increased from 46 per cent in 2019 to 49 per cent in 2022. The dropout rate for girls between primary to secondary levels averaged only 2.3 per cent from 2020 to 2022, which was partially due to the school feeding programme covering 63.9 per cent of the student population. The programme would be further expanded to cover an additional 21 per cent of students by 2024. Long term initiatives such as the merit-based King's Scholarships were instituted in June 2022 to nurture promising Bhutanese youth for the civil service. 86 per cent of the selected scholars were girls in the 2023-24 academic year. Similarly, the share of female awardees of the annual ex-country undergraduate scholarships had increased from 56.1 per cent in 2021 to 60.75 per cent in 2022. Gender equality, sensitivity, stereotyping and prejudices were addressed in languages, social studies and science subjects.
Based on the recommendations from the gender-based violence project, known as "Gakey Lamtoen" or “The Path to Happiness”, an advocacy programme called "Parenting without Violence" was now being implemented in three districts: Thimphu, Dagana, and Zhemgang. A risk factor analysis study into intimate partner violence was conducted in 2022. The findings from the study would be used to plan targeted interventions. Since the last report, four additional community service centres had been established, taking the total number of community service centres to seven.
Bhutan would graduate from the status of “Least Developed Country” in December 2023. The loss of international support measures after graduation, as well as external shocks and internal imbalances posed risks to macroeconomic stability. The female labour force participation rate significantly decreased from 65.3 per cent in 2021 to 53.5 per cent in 2022. Another major challenge was global warming, which was affecting the two main drivers of Bhutan’s economy: agriculture and generation of hydro power. Women were most affected by the impacts of climate change.
Questions by Committee Experts
RANGITA DE SILVA DE ALWIS, Committee Expert and Country Rapporteur for Bhutan, said that the Committee celebrated Bhutan one of the few carbon negative countries. It was the only State in the world with 60 per cent of its land covered by forests. Bhutan was also distinguished by its trailblazing development approach, “Gross National Happiness”. Article seven of the Constitution guaranteed that the "enjoyment of all human rights" was integral to the achievement of Gross National Happiness.
This year marked 15 years since Bhutan’s transition to a constitutional democracy, and the State had made progress in promoting the rule of law. In 2008, the new Constitution enshrined the guarantees of equal rights and opportunities for men and women. The state party had a strong de jure equality provision in article seven of the Constitution. What steps were taken to ensure de facto equality? Would the State party consider a gender equality law which addressed formal and substantive equality, including quotas for women’s representation? In Bhutan’s 2023 elections, only one woman was elected to the National Council.
Could the Supreme Court’s power of judicial review be used to interpret national laws in conformity with the Convention and other related treaties? Since the Convention was not a self-executing treaty in Bhutan, judicial review of legislation would be key to bringing national laws in line with the Convention and domesticating and internalising the Convention. There were residual unequal provisions in the legal system that constituted lingering discrimination against women, including in the Marriage Act. Courts needed to be able to apply the Convention directly to address these. How did the Jigme Singye Wangchuck School of Law plan create a pipeline for women judges or associate justices to the serve in the Supreme Court? Did the State party have an action plan for training lawyers and judges on the Convention and developing new jurisprudence on women’s human rights? What were the concrete legal remedies for discrimination including compensation and restitution, and what steps were taken to redress systemic and structural discrimination? How did the State address the status of Lhotshampa (Ethnic Nepalese) and indigenous women, especially their access to land registration and business ownership?
How were women of diverse religious backgrounds to enjoy the guarantees enshrined in the Constitution?
How were Bhutanese women represented in national, regional and global peace and security measures? When would the State party draft a national action plan on women, peace and security, and how would it bolster women’s leadership on peace and security regionally and globally? How many women were involved in the management of the Bhutan for Life project? The Gross National Happiness Indicator launched by the Gross National Happiness Commission tracked progress on gender equality targets. What were those targets? A study conducted by the Commission in 2015 indicated that women were less happy than men. How did the State address this gender gap? What plans did it have to establish national human rights machinery in line with the Paris Principles? Bhutan was yet to ratify the Optional Protocol to the Convention. What was the timeline for ratification?
Ms. de Silva de Alwis congratulated Bhutan on its development of the “Human Dignity Clinic”, a legal institution that promoted the rights of vulnerable populations in the country. It upheld the vision of the Universal Declaration of Human Rights, which recognised the inherent dignity and the equal and inalienable rights of all.
Responses by the Delegation
The delegation said that the State party had ample legislation regarding the prohibition of discrimination. The Constitution directed the State to eliminate discrimination against women. Its article 10 explicitly stated that the Convention was applicable in Bhutan.
Ratification of the Optional Protocol was an ongoing learning process. It was necessary to build legal, political and administrative resources to implement it. Bhutan had already acceded to the Palermo Convention and norms concerning the trafficking of persons.
Continued legal education for judges in Bhutan was provided by the judicial academy. 57 judges were provided with training in child psychology and 71 on trafficking in 2021 and 2022. Also, gender justice training was conducted in 2021. Awareness programmes were launched also with the aid of the student community. In ten years, there would be a large number of women judges in district courts. Provisions on property rights were gender neutral. In some respects, women had more rights to property compared to men. The Convention was mentioned in some judgements in Bhutan.
To achieve de facto equality, a national policy on the life of women was drafted in 2020, and later expanded to address lesbian, gay, bisexual, transgender and intersex persons. It promoted social, economic and cultural rights. The State party was also developing a national action plan on gender equality, focusing on ten main areas. At the school level, the State encouraged equal participation in school clubs. In board examinations, girls were on top of the ranking lists. These were indications that within five or ten years, more girls and women would be participating in all domains.
In addition to regular awareness on the importance of creating equality in all sectors, capacity building campaigns were undertaken in 2021, covering over 1,000 women. The Government was encouraging leadership opportunities for women. It supported civil society organisations through budgetary support to conduct capacity building activities, including in the domain of women’s rights.
Gender was an integral element in the national adaptation plan, which addressed climate change. Bhutan conducted two national contribution studies on the impact of climate change on women. Their findings would be integrated in the 13th Five-Year Plan starting in 2024.
In response to a follow-up question on plans to introduce a quota for women’s political participation, the delegation said that the State party was encouraging participation at political level. At the local government level, women’s representation was increasing. The national gender equality policy for 2018 to 2023 was being enforced. The State party first wanted to see the outcomes of that policy before proceeding to other actions.
Questions by Committee Experts
A Committee Expert said that Government Ministers served as Chair and Vice-Chair of the National Commission for Women and Children. Institutional changes had hindered the Commission’s visibility and ability to perform its functions independently. How did the Commission help women and how did the Government assess its efforts? What progress had been made in reforming State policies to promote the rights of women? Were there provisions for ethnic and other minorities? The Commission had conducted gender responsive planning in education, agriculture and other domains. Local development plans were revised in that regard. What budget and other resources were provided to the Commission? What was the process of addressing individual complaints?
Another Expert said the Bhutan Women's Parliamentary Caucus was founded several years ago, but women’s representation in the Parliament had recently decreased. What were the barriers to adopting a quota system in the country? A quota was adopted in labour legislation but was not implemented. Were temporary special measures envisaged to address child marriages?
Responses by the Delegation
The delegation said the mandate and authority of the National Commission for Women and Children was maintained, despite its recent restructuring. The Secretariat that would be supporting the Commission would fall within the competence of the Ministry of Education, given its resources and national coverage. The restructuring of the Commission allowed for the bifurcation of the Commission’s services, including the establishment of The PEMA, and the expansion of its outreach. The Commission was a member of the Committee that dealt with policy and cooperated with various agencies to develop policies on gender equality. In the last seven months, candidates from central agencies were trained in domain of gender equality. In 2010, Bhutan started to develop gender-responsive budgeting and planning.
The PEMA currently addressed individual complaints. Previously, the National Commission for Women and Children Secretariat had addressed them. There were other avenues for individuals to submit complaints as well, such as through civil society organisations.
The State had a multifaceted approach to promoting gender equality, including through legislation. The Government was implementing the gender equality plan, which lasted until 2023. Over the last six years, there had a notable increase in the share of women in executive positions, from 10 per cent in 2016 to 20 per cent in 2022. The national action plan on gender equality was based on the recommendations of the two national conferences which had preceded it. National gender equality policy implemented under the plan addressed education and women’s leadership. The plan also incorporated awareness raising campaigns. The State would develop and revise the action plan for the next five years in 2024.
Questions by Committee Experts
One Committee Expert asked for more information regarding temporary special measures.
Another Committee Expert welcomed that women in Bhutan were enjoying more freedoms compared to in other countries in the region, given its traditional matriarchy. A 2017 nationwide study on the prevalence of violence against women and girls revealed that around 53.4 per cent of women and girls agreed that a man was justified in hitting their partners under certain circumstances. 28.9 per cent of women and girls who experienced sexual or physical violence still believed that men were superior to women. What mechanisms were in place to monitor and review the impact of ongoing efforts to address these perceptions? What long-term plan was in place to address persistent, harmful stereotypes? What was the composition of the Bhutan media council? How did the “Engaging men and boys” project and other initiatives work to prevent gender-based violence against women and girls? The domestic violence prevention act did not address new and emerging issues like those concerning diverse identities. Would the State party expand the scope of this act to include all scopes of gender-based violence? To what extent did women and girls have access to legal aid and protection orders? Seven temporary shelters had been established for victims of gender-based violence, but they were not fully resourced. By when would this take place? How did the State party aim to support civil society organisations in that regard? Had the State party developed local government and agency-level mechanisms promoting prevention of sexual violence, and provided adequate resources to such mechanisms?
A Committee Expert, asked about the numbers of trafficked women who the State had identified. Did existing laws ensure protection of trafficking victims? In 2019, legislation was amended in accordance with the Palermo Protocol, which criminalised the sex trafficking of children. However, not all forms of trafficking were criminalized in national law. Could the delegation explain this?
How were officials trainings to identify forced labour? How did the State intend to prevent child labour? In a recent civil society survey, more than half of child respondents had stated that were engaged in paid work activities.
The pandemic and other developments had worsened the situation regarding prostitution. What measures were taken to provide women engaged in prostitution with health and other rights, especially given that the prostitution was illegal?
The delegation said national policies on sexual violence were under review. Perpetrators of sexual violence were given the highest penalty under recent provisions added to the Penal Code. The Penal Code had also been broadened and harmonised with other provisions in 2022 to address the trafficking of persons, including children.
The National Commission for Women and Children had issued guidelines to the media industry to conduct gender-sensitive reporting. The media council could issue sanctions to media organisations that did not respect these guidelines.
The perception survey of 2017 had found that 53 per cent of woman respondents thought that violence against women was justified in certain circumstances, but in the same survey conducted in 2012, over 70 per cent of woman respondents had said it was justified. The Government was changing the school curriculum to change the mindset of children in this regard.
One year ago, a legal aid centre was established that was used mostly by women. One court passed 53 interim protection orders in 2023 alone. The process for applying for such an order was not complicated.
The Government and civil society organisations were collaborating to ensure the safety and security of workers. Sexual harassment reporting mechanisms for workers were established. These mechanisms were receiving increasing numbers of reports of workplace sexual harassment and providing services in response. The alternative dispute settlement act defined that sexual offenses could not be mediated.
In accordance with free healthcare provisions and family planning acts, all persons, including women who engaged in prostitution, had the right to receive medical services on equal terms. The Government provided targeted medical services and awareness campaigns for people living with HIV, and lesbian, gay, bisexual, transgender and intersex persons. According to a 2022 report, a large portion of the population was satisfied with the availability of services.
Questions by Committee Experts
RANGITA DE SILVA DE ALWIS, Committee Expert and Country Rapporteur for Bhutan, said there were residual vestiges of harmful practices present in the national law, such as compensation provided to husbands when their wives were raped. Also, legislation still permitted corporal punishment. Stereotypes were connected to superstitions and cultural practices that reenforced the supremacy of men, such as “night hunting”, which was reportedly still practiced in some areas of the State.
Another Committee Expert said asked about the rate of HIV infection among women, including among women engaged in prostitution. What was the Government doing to close illegal brothels in the country?
Responses by the Delegation
The delegation said that changing the mindset of the people regarding harmful cultural practices was a real struggle. The Government would continue to fight the silent beliefs that were keeping Bhutan back.
Corporal punishment was banned, especially in school settings. Schools were ensuring that this punishment was eliminated. Parent teacher associations informed parents of the harmful effects of the punishment. The childcare protection act of 2011 specifically addressed corporal punishment.
The Police were investigating reports of illegal brothels and providing protection and aid in accessing health services for women engaged in prostitution.
Women were never treated as the property of their husbands, although there were provisions that allowed for payment to husbands. Legislation also required husbands who committed adultery to compensate their wives.
35 officials were trained to identify the trafficking of persons. Over thirty suspects had been prosecuted, out of whom six were convicted. Over one hundred women had been officially identified as victims of trafficking. Authorities devoted particular attention to border areas.
Questions by Committee Experts
A Committee Expert said that women’s participation in the Parliament had decreased. Women constituted only 17 per cent of the National Assembly. Awareness raising was needed to promote gender equality. The first female minister took office in 2015. Were there any female ministers currently? How and when did the State intend to bring the share of female representative in Parliament to one-third? How would it be made clear to women that a quota was in their interest? Also, how many women were elected in the recent local elections?
Another Committee Expert asked for information on measures promoting greater participation of women in political and public life? In what areas of civil service did women participate? Four of the Cabinet’s 10 secretaries were women. Why were there not more? What was being done to enable greater participation of women in elections, particularly poor women who lived in remote areas? In which levels and in which capacities were women participating in diplomatic services? Did the State envision appointing a female Foreign Minister in future?
One Committee Expert said that the constitution’s limitations on citizenship meant that thousands of Nepali Bhutanese living in Bhutan who were legal citizens under previous laws were ineligible for citizenship. The State required these persons to submit fifty-year-old documentation to register, making it very difficult to acquire citizenship. Further, ethnic Nepali persons living in Nepal who were reportedly forced to leave Bhutan in the early 1990s were ineligible under the current law to acquire citizenship in the State party. How was the State party proceeding to reinstate the right to Bhutan nationality for ethnic Nepali women and children both within and outside of the State party? Alternative reports indicated that a person could acquire citizenship through undergoing a one-month period of national service. Could the delegation clarify the substance of this requirement? Further, would the State party consider reforming the law to prevent these children from becoming stateless, and in the meantime granting travel documents for these children? Were stateless persons entitled to basic services such as education at all levels, health and employment? Would the State party consider reviewing the Citizenship Act of 1985 to dissociate or disconnect birth registration from citizenship and ensure that single mothers could register the birth of their children in a timely manner? Would the State party consider reforming the law that established categories of residency which determined that certain groups of women and children required a “route permit” to travel within the country? Finally, would the State party consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness?
The delegation said that the State party was looking at possible means to ensure better political participation for women. Currently, there was only one female minister in the Cabinet. The State was making progress in implementing a quota system. In the near future, it would review relevant policies and consider potential interventions. All Government agencies and bodies were clustered into four domains. Out of four secretaries, two were women, which constituted a big accomplishment. A female foreign minister could potentially take office soon. The State party envisaged taking initiatives to increase rural women’s participation in elections, including facilitating postal ballots. Polling booths were established close to places of residence of citizens with disabilities. Three of four foreign service departments were being headed by women. 40 per cent of foreign service officers were women.
There were clear legal requirements regarding citizenship. Persons who did not have Bhutan citizenship could obtain it, regardless of their gender or ethnicity, after living in the country for 15 years. All births were registered, regardless of parents’ citizenship. Birth registration services were made available in 200 community centres across the country. To further simplify the process, in 2021, the Government revised regulations to allow individuals to register births at their designated address. The citizenship act had gone through a series of amendments since the 1950s. The State would consider ratification of the international conventions on statelessness as part of ongoing reviews. Free education and health services were provided to all residents, regardless of citizenship status.
Questions by Committee Experts
A Committee Expert asked for additional information on the State’s policies, rather than laws, aiming to increase the percentage of female politicians and promote the involvement of women in public and political life.
Another Committee Expert asked for information about access to services for residents who did not have citizenship. Was there a 12-month limit during which a birth registration needed to be performed?
Responses by the Delegation
The delegation said birth registration was allowed after 12 months in some special cases. Many young graduates qualified for receiving citizenship. All State services were provided to residents.
The Government was studying international treaties in a staggered manner, taking into account institutional readiness and resources.
Questions by Committee Experts
One Committee Expert said that Bhutan allocated a significant part of its budget in accordance with the Global Partnership for Education. How did the Government promote empowerment of women and reconcile education with technology? What vocational and other education was provided on artificial intelligence? How was equality taught in private, public and other education and training? Could education on the Convention be provided? What measures were taken to prevent school dropouts and child labour? What proportion of girls were in monastic training? Also, did violence prevention measures take into account cyber violence? What was the timeline for securing that women and girls’ right to sexual education was fully provided?
Another Committee Expert said the labour force participation for women decreased in Bhutan from 65.3 per cent in 2021 to 53.5 per cent in 2022, and the unemployment rate for women increased from 3.6 per cent in 2021 to 4.4 per cent in 2022. The unemployment rate for young women was especially high, at 32.8 per cent. These figures demonstrated the widening gap between men and women. Why had the employment situation for women worsened and the employment gap between men and women widened? What measures were in place to increase employment for women, especially in the formal sector and in leadership positions? Did the State party have any programmes, focusing on young women, to increase employment? Most employed women worked in agriculture (53.3 per cent) and service (37.2 per cent), and only 9.5 per cent of employed women worked in the industrial sector. What measures were taken to increase employment of women in industry and redress gender segregation in employment? How did the State party evaluate the impacts of programmes aiming to reduce gender disparities? Further, what measures were taken to effectively implement the Labour and Employment Act? Did the State party have any data on the gender pay gap between men and women? What plans were in place to assess, monitor and combat harassment and gender-based violence in the workplace?
What concrete measures were in place to combat perceived traditional gender norms and stereotypes in the family and in society, and to promote women’s participation in employment? How and to what extent did the State promote equal sharing of responsibilities within the household and access to early childhood care and development facilities? What were the impacts of the new policy extending the period for paid maternity leave from three to six months for those working in the civil service? Were there any plans to extend this policy to the private sector?
Finally, the Expert called for gender disaggregated data on home-based and domestic work, informal work, migrant workers, employment sectors, wages and benefits and other factors.
Responses by the Delegation
The delegation said that over the last decade, the enrolment of girls in education was consistently above 51 per cent, and the dropout rate was consistently lower for girls. Over the last three years, more girls had been awarded prestigious scholarships, including in the fields of science, technology, engineering and mathematics. Information and communications technology was a required subject up to the higher secondary education. Schoolchildren had sufficient opportunities to learn. Standards on inclusive education were launched in 2021 that addressed policy, practice and environmental aspects. 39 schools were now special inclusive schools. Education colleges in Bhutan provided training to teachers on identifying children who had special needs. All schools were expected to become inclusive.
In 2023, an anti-bullying programme was launched in all schools, and all teachers were trained. Children, teachers and parents were constantly informed regarding cyber bullying and relevant concerns. The curriculum also included other means of promoting education of gender equality.
The enrolment rate in engineering and information technology subjects was low, and girls had lower performance outcomes in mathematics subjects. The Government had provided learning platforms for these subjects to over 400 students, with a similar ratio of boys and girls, to promote increased participation and performance. Through its 13th Five-Year Plan, the State aimed to increase the number of vocationally skilled workers, especially female workers. The “Women in STEM” project promote these endeavours.
There had been up to 10 per cent decreases in the number of women workers in sectors such as tourism and entertainment. These could be attributed to the pandemic. A conducive working environment for women was needed. The Ministry of Agriculture offered capacity-building programs for female workers. The banks also offered small and micro-credits to help overcome the effects of the pandemic.
1250 nuns across 28 nunneries existed in Bhutan.
In 2021, a survey was carried out on paid maternity leave and sexual harassment in private sector companies. Maternity leave was not favourably evaluated by respondents. The National Commission for Women and Children was promoting prolongation of maternity leave, especially for the private sector.
Penal provisions addressing gender-based violence at the workplace were broad. All kinds of discrimination were subject to legal sanctions, and there was an equality imperative. Punishments of one to three years imprisonment were issued to perpetrators.
One of the Government’s priorities was increasing childcare facilities. This could be a gamechanger for mothers both in urban and rural areas. In civic education, fundamental rights were addressed. The Government had started implementing comprehensive sexuality education for children up until the 12th grade. This education referred to sexual rights, responsibilities, relationships and other aspects of physical and reproductive health.
Follow-Up Questions by Committee Experts
One Committee Expert asked about measures to prevent child labour, which prevented children from attending school. Could children without Bhutanese nationality attend schools?
Another Expert asked whether the State had a monitoring mechanism that would ensure equal pay for equal work.
The delegation said Bhutan had specific legislation on child protection, and the labour law did not allow for child labour. Children who did not attend schools were encouraged go back to schools.
An equal pay for equal work mechanism, which issued sanctions and conducted monitoring, was introduced by relevant legislation.
Questions by Committee Experts
A Committee Expert asked the State party to clarify its intention to decriminalise the termination of pregnancy, which was currently severely limited under section 146 of the Penal Code, and only permissible for the purpose of saving the life of the mother or when the pregnancy was a result of rape or incest. This reportedly led to growing numbers of teenage pregnancies and illegal abortions, which increased the risk of severe injuries to women. What concrete measures would be taken to legalise abortion in the case of risk to the health of the woman and of severe impairment of the foetus, and to decriminalise it in all other cases? Further, in light of the urgent need to prevent unwanted pregnancies, the rapid spread of AIDS and other sexually transmitted diseases and the prevalence of sexual abuse and violence, were any additional steps taken to provide free, confidential and high-quality family planning services at all levels of society, including in rural areas, and raise awareness about responsible sexual behaviour, the prevention of early and unwanted pregnancies and sexually transmitted infections? Did these efforts include sexual and reproductive health education in schools, as well as programmes targeting patriarchal attitudes and traditional gender stereotypes? Further, up-to-date statistics were needed on the current rate of contraceptive use among women and girls. Had the State’s various interventions, including awareness-raising and advocacy measures to increase the contraceptive prevalence rate, sufficiently targeted rural women, and had they had a positive effect?
Also, the State party mentioned that it planned to reduce suicides to an overall rate of less than 12 per 100,000 persons by July 2023. Could the delegation provide an update on whether this was successful? What measures were in place to reduce suicide rates, and what further measures did the State party intend to take in the future? Did the State party plan to adopt new action plans on mental health after 2023? Did the action plans on mental health and suicide prevention address women and girls in rural areas? What specific measures were taken to address substance abuse to reduce the number of suicides among women and girls? Did existing programmes on mental health have a positive effect on the mental health of women and girls? Also, were there any social protection programmes and services in place that addressed economic barriers that had a negative effect on the mental health of women?
RANGITA DE SILVA DE ALWIS, Committee Expert and Country Rapporteur for Bhutan, expressed hope the State would address the status of Bhutanese refugee women in Nepali camps, who feared sexual abuse. Over twenty rounds of talks had taken place between the two Governments. How would the State address United Nations Security Council resolutions on women, peace and security? How was culture preserved in Bhutan? Did women of Nepali ethnic origin have same access to Government benefits as Bhutanese women?
Would the State party monitor the privacy rights of women in the digital identification system announced by the Prime Minister? In terms of financial benefits and credits, how were women encouraged to participate in the digital economy?
Could women participate in archery, Bhutan’s national sport? What resources were allocated to encourage their participation? Women were also traditionally excluded from the game of darts. Did this practice persist? Also, how was the State supporting civil society organisations to advance gender equality in Bhutan?
The delegation said it was the State’s responsibility to assure the health of mothers and children. Medical termination of pregnancy was permitted when there was a medical reason or when the pregnancy resulted from incest. Contraceptive counselling was also offered, as well as increased access to medical services. Family planning services were available across the country. Services like mother and children healthcare and immunisation were accessible even in rural areas. 30 per cent of customs duty was removed in 2021 to enable greater access to sanitary products for women and girls. Teenage pregnancies were addressed by an action plan endorsed several years ago. The State had a low HIV infection rate of 0.1 per cent. The cumulative number of cases between 1990 and 2021 was 874. The average number of cases diagnosed per year was around 50.
Bhutan now had a nodal agency for mental health. The State was drafting a national mental health strategy, which would include measures for preventing suicides, such as bolstered psychosocial services. An incident-based registry was being developed to gain holistic data on suicides and attempted suicides. Around 1,200 students, out of which 56 per cent were female students, had participated in a survey on the link between suicide and drug addictions. Brief interventions were provided for those recognised to be at risk by that survey. Treatment for substance use was available in four hospitals, coupled with individual and family counselling. Improving resilience among children was important. The Government had established a module focusing on resilience in the school curriculum and appointed focal teachers for mental health concerns. It was recruiting more student guidance counsellors, aiming to ensure that all schools should have one within a decade.
Women had started participating in archery over the last couple of years. The State was represented by a woman archer at the Olympics. Also, women’s darts teams existed. There was a national action plan promoting women in sports.
It was easy to establish and register civil society organisations. The State cooperated with civil society organisations. Funding was available for civil society organizations to provide services of a critical nature where the Government required assistance.
There were constitutional provisions that ensured citizens’ cultural rights. The national digital identity act of 2023 regulated the privacy rights of women in the digital domain.
Questions by Committee Experts
A Committee Expert asked how the national action plan on inclusion benefitted rural women. Were there new plans for national inclusion? The State’s overall poverty rate had fallen, but it remained high for women. What measures were taken in that regard? Could the State party provide information on measures taken to promote equal participation of women in water resource management? How many centralised schools were established for women, and were they similar to boarding schools? How many rural women were given employment opportunities as a result of training opportunities offered by the Government?
Another Committee Expert asked about steps taken to ensure that specialised courts for women and children were allocated enough resources. What role did the Human Dignity Clinic play in that regard? What was the status of review of the Marriage Act? What progress had the State made regarding raising the age of marriage? Further, would the State consider de-criminalising adultery and providing relevant compensation in that regard? Would it address polygamy? How widespread was polygamy and how did it affect women’s rights? Did women require consent for the termination of pregnancy, and from whom? Were there penalties for marrying non-Bhutanese persons?
Responses by the Delegation
The delegation said that there were no penalties for any person marrying a non-Bhutanese person, but there were some repercussions in terms of naturalisation.
The Ministry of Economy had conducted a gender diagnostic study on the informal sector. It supported the formation of farm groups and cooperatives for rural women. Also, very strong civil society organisations supported rural women through micro-credits and mentoring, and banks had also started supporting small-scale agribusinesses led by women. The national climate adaptation plan was gender-mainstreamed and included contributions on gender, energy and water.
Central schools were the same as boarding schools. There were 65 of them in the country. The State party was looking to establish more, especially in rural areas, to support access for girls living in those areas. The majority of districts would have access to these boarding schools in the future.
The Human Dignity Clinic had dealt with more than 3,000 court cases regarding the rights of women and children. The Clinic did not have a special budget in that regard. It had budgetary constraints but was supported by all relevant stakeholders. It resolved most cases within one year. An e-litigation campaign was launched in 2021. 33 benches in total had operated through the e-litigation platform over the past years. New social media apps were also developed to support increased access to justice for women in rural area.
The Marriage Act set the legal age of marriage at 16 for girls and 18 for boys, however, this conflicted with another law that set the legal age for girls at 18, which Court always applied. The best interests of the child were always taken into consideration in cases of separation. Assessments were carried out to determine competences of the parents. Each provision of the Marriage Act had been analysed, not only by lawyers, but also by persons working in the child protection units. There was very limited data on polygamy and polyandry. Adultery remained regulated by civil law.
Comment by a Committee Expert
RANGITA DE SILVA DE ALWIS, Committee Expert and Country Rapporteur for Bhutan, said that rape in marriage and rape outside marriage greatly differed in terms of punishments, even though they were the one and same offence. Full compliance with the Convention was required without delay.
Responses by the Delegation
The delegation said that the domestic violence prevention act recognised several types of violence. There were other provisions on abuse provided by other legislation. Police and other services were trained on gender-based violence.
Closing Statements
KESANG DEKI, Cabinet Secretary and head of delegation, expressed gratefulness for opportunity to share Bhutan’s efforts on its journey toward achieving gender equality. Women needed to be the architects of, rather than mere participants in, policies promoting gender equality. They would continue to have unwavering support from the Government in that regard. The journey continued.
ANA PELÁEZ NARVÁEZ, Committee Chairperson, commended the State party for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee, for purposes of more comprehensive implementation of the provisions of the Convention throughout the territory of the State party, for the benefit of all women and girls in the country.
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