Committee on Elimination of Discrimination against Women considers report of Grenada

Committee on Elimination of Discrimination
Against Women

15 February 2012

The Committee on the Elimination of Discrimination against Women today considered the combined initial to fifth periodic reports of Grenada on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Stephen Fletcher, Ambassador to Belgium, Holland, Republic of France, Federal Republic of Germany, and the European Union, said that the country faced serious challenges in the implementation of its international commitments, but steady progress had been made in many areas, such as in the law reform process, maternal mortality, domestic violence and equality in pay and employment. A national Strategic Action Plan to End Gender-based Violence was being prepared, based on social examination of gender-based violence, capacity building of the lead Ministry, a communication strategy for public education and sensitization about gender-based violence. The Plan would ensure provision of adequate legal and medical responses and support. Grenada's compliance with Treaty obligations was a strategic opportunity to educate the public about the Convention and access donor funding. The road ahead was challenging but not insurmountable and Grenada appreciated the generous assistance provided to it.
Questions and issues raised by Experts during the discussion included constitutional reform process and the extent to which views of women were integrated within, gender equality plans, bodies and resources, action on gender-based violence, and on incidence and measures taken to identify, prevent and report cases of human trafficking. Committee Experts requested additional information on discrimination in the school curriculum and access to education for girls, unemployment and equal wage, measures taken by the Government to increase participation of women in public and private sector and the actions to address the status of rural women, particularly in providing basic services, reducing poverty, increasing awareness of women's rights and in providing access to land and credit.
In his concluding remarks, Stephen Fletcher thanked the Committee for demonstrating a significant amount of patience and said Grenada showed its commitment to addressing the issues, and had made progress on reporting. A lot of work had been done to modernise legislation, and often by using model and integrated legislation from the Caribbean region, and the regional programme to prevent trafficking of people was one such example.
The delegation of Grenada consisted of the Ambassador to Belgium, Holland, France, Germany and the European Union.
The next public meeting of the Committee will be at 10 a.m. on Thursday 16 February when it will consider the eighth periodic report of Norway (CEDAW/C/NOR/8).

Report

The combined initial, second, third, fourth and fifth periodic reports of Grenada can be read here: (CEDAW/C/GRD/Q/1-5)

Presentation of the Report

STEPHEN FLETCHER, Ambassador to Belgium, Holland, France, Germany and the European Union, said the country faced serious challenges in the implementation of its obligations, but steady progress had been made in many areas. A very robust law reform process was ongoing, including laws that directly related to women's empowerment, while new laws and policies already in force addressed domestic violence, child protection and sexual abuse. The Government recognised that more women needed to be encouraged to enter party politics. In Grenada, 70 per cent of Permanent Secretaries and 45 per cent of Heads of Government Departments were women. According to the World Health Organisation, Grenada was one of the three countries with the lowest maternal mortality rates in the world, while mother to child transmission of HIV/AIDS was zero. A national Strategic Action Plan to End Gender-based Violence was being prepared and was based on social examination of gender-based violence, capacity building of the lead Ministry, a communication strategy for public education and sensitization about gender-based violence and ensuring and providing adequate legal and medical responses and support.

On employment of women, Mr. Fletcher said that the revised Minimum Wages Order had taken effect in January 2012 which increased the minimum wage of different class of workers and removed difference between male and female wages in the agricultural sector. The National Gender Machinery, located in the Ministry of Social Development, had a four point vision and plan focusing on achieving gender equality, eradicating gender-based violence, strengthening families and empowering women. Mr. Fletcher outlined challenges and constraints to eradication of gender-based violence which included inadequate financial resources, social acceptance of certain aspects of gender-based violence and the need for stronger political will in the Cabinet and civil society to identify, recognise and address the problem. Grenada's compliance with Treaty obligations was a strategic opportunity to educate the public and access donor funding. The road ahead was challenging but not insurmountable and Grenada appreciated the generous assistance provided to it.

Questions by Experts

An Expert asked whether the report had been represented to the Cabinet or the Parliament and were there had been any action on the ratification of the Optional Protocol. The delegate was also asked for updates on the constitutional reform and the intended ratification of other international treaties.

The report stated that the Government was hesitant to use legislation and affirmative action to enforce what could be achieved through cultural change and a gradual recognition of equal opportunities between men and women, but the Committee thought that was an incorrect interpretation of Article 4. An Expert asked further information about the national gender equality policy and action plan.

An Expert noted the legislative action in Grenada on gender-based violence, including on domestic violence and asked if the Government was also integrating the provisions from the Convention and planned to criminalize marital rape.

Other Experts said that Grenada had the potential to fast become both a source and destination of human trafficking, while internal trafficking appeared to already be a problem. Could the delegate provide more information on the action against human trafficking, punishments for perpetrators, the implementation of the Palermo Protocol and what measures had been taken to address sexual exploitation and prostitution of women and children?

Response by Delegate

The delegate confirmed that the summary report had been presented to the Cabinet and that the relevant Ministry was actively looking into the ratification of the Optional Protocol. There was significant discussion in the society concerning constitutional reform, whereby one major issue was ensuring the compliance of Grenada with its international obligations and commitments. Non-discrimination was embedded in the constitution and in Government's policies and programmes, the delegate confirmed.

On the issue of mechanisms, the Gender Mechanism was a small unit which benefitted from training and capacity building and from interaction with other relevant departments. The fundamental question was whether the department had sufficient resources to operate. The department could benefit from greater awareness about the existence and work of the Committee on the Elimination of Discrimination against Women. With regard to the implementation of various plans and policies, the delegate said that most were time driven and had road maps of what could be achieved in the three to five years timeframe. Answering questions on Article 4, the delegate said that the most critical in changing human beings was changing mindsets and behaviours. While there was reliance on “soft change”, the Government did not refuse the use of legislation in promoting the recognition of gender equality. On the issue of the constitutional review and whether it sufficiently contained human rights considerations, the delegate said that the constitution itself provided for the protection of each and every human right.

The five-year National Strategic Plan to End Gender-Based Violence was a part of the broader national gender plan, said the delegate, adding that the Government intended the plan to become a live instrument rather than sit on a shelf and gather dust. Grenada faced considerable challenges in data collection and disaggregation that were typical of a small State, namely lack of resources and technical capacity. Societal and cultural norms were also a challenge in collecting the data, as victims were often reluctant to report the violence. On the changes in the Criminal Code, the delegate said that the current Code and the constitution of Grenada already provided for the prosecution of perpetrators of violence, but integration of the provisions of the Convention could certainly be looked into.

There was legislation in Grenada addressing human trafficking and procuring females for purposes of prostitution, but the Code was silent on the issue of prostitution itself. There was a definite link between poverty and prostitution and one of the measures taken by the Government looked into increasing employment of rural women. Sections of the Criminal Code contained laws prohibiting sex tourism.

Follow-Up Questions from Experts

An Expert referred to the Criminal Code and the intentionality linked to bodily harm resulting from violence and asked for more information about the number of convictions for violence and sexual harassment. She also asked whether same-sex relationships were still criminalized. Would Granada consider comprehensive legislation on trafficking in line with the Palermo Protocol?

Response from the Delegate

The delegate said it would have to obtain the number of convictions for violence and sexual harassment. Same-sex relationships were still a criminal offence and the delegate could not speak of the intentions of the Government in terms of decriminalization.

Turning to the Committee's remark that the constitutional review process was male oriented, the delegate said that the inclusion of non-governmental organizations would add the necessary female voice and ensure that gender perspectives were taken into account. The establishment of the Gender Divisions would also ensure that the voice of women was heard, not only in the reform process but in wider society.

Questions from Experts

An Expert referred to the proportion of women, and their participation, in political life and said that fewer women in the parliament and Government meant less attention to the Convention, and women and gender issues. What was being done to increase participation of women in public and private sector? On unemployment and an equal wage, an expert said that the report indicated inequality between man and women, with particular vulnerability of female-headed households.

The education of girls and women seemed not to be a problem, but the quality of that education could be examined since the number of girls in education decreased with their age and most dropped out of school due to pregnancy. The report didn't address the issue of sex education curriculum, which was important in protecting girls from early and unwanted pregnancies. A speaker asked about abortions in risky situations and strategies to address the vulnerability of young women who were disproportionately affected by HIV/AIDS. What was the situation of mental healthcare in Grenada, and was there a link with sexual and child abuse?

Wage disparity originated in the school system and the sex disaggregation of the curriculum, an expert said and added that there was no policy to address traditional barriers to boys and girls going to non-traditional sectors. An Expert referred to maternity leave provisions and asked about the precarious situation of women in the agricultural sector and their right to maternity leave. Would Grenada ratify the very important International Labour Organization Convention on domestic workers?

Response from the Delegate

On the participation of women in public life, the delegate concurred it was regrettable to see a decrease in number of women in the Parliament and in the Cabinet and reaffirmed the commitment of Grenada to stabilizing the number of women in both public and private sectors. The delegate reiterated that progress had been made in Grenada in improving status of women and that they enjoyed the freedom to be what they could be. More women were accessing educational opportunities, including young mothers, which enabled women to climb up the socio-economic and political ladder. Even though some legislation was lacking, the environment conducive to the promotion of women was in place. Still, the place and use of legislation must not be undervalued, the delegate emphasized.

The delegate concurred with the Committee about the importance of education for girls, and said socio-cultural factors were important.

Disproportionate levels of employment were indeed a challenge in Granada as was unemployment. Construction was, with tourism, a major economic activity in Grenada and the Government recently took action to address disparity. In January 2012 the minimum wage was increased to an income above the poverty line in a number of sectors. There was a significant increase in wage of domestic workers and caregivers, roles traditionally seen as sectors of female employment. The National Plan for Gender Equality would further address those issues.

Information on abortion was not readily available but could be obtained. The link with early pregnancies and socio-economic realities was clear and needed to be addressed soon. Young girls from rural communities were particularly vulnerable. There was a National AIDS Directorate responsible for the national response to HIV/AIDS, including specific targeting of more vulnerable groups such as young girls.

A new school curriculum was now focused on correction of disparities, although a lack of resources delayed its implementation. Clarification on the intentions to ratify the International Labour Organization Convention on Domestic Workers would be sought.

Questions from Experts

An expert asked about the coverage of the national insurance scheme and what allowances were provided to women? What was the progress on credit and lending policies and was gender perspective integrated?

Women living in rural areas in Grenada had more difficulties in accessing services and knew less about their rights, and especially rights under the Convention on the Elimination on All Forms of Discrimination Against Women. Rural women were poorer and those heading households were extremely vulnerable. How was the Government improving the situation of women living in the rural areas, particularly in educating them about their rights and in combating female poverty? An Expert referred to rural women in Grenada and violence suffered by them, and asked what controls could be put in place in order to prepare security forces in this field and what specific mechanism could be put in place in rural areas

An Expert referred to discriminatory provisions related to marriage, such as marriage certificates listing only the names of fathers, and property rights in marriage. Given the poverty rates in Grenada child and spouse maintenance was crucial and the expert asked about public support when the father's income was insufficient to ensure protection of mother and child from poverty.

Response from the Delegate

It was mandatory for employers to register all their employees in the national insurance programme and to pay contributions. There were radio programmes educating workers on the law to ensure they knew their rights when it came to national insurance. Grenada was reviewing the numerous social programmes existing in the country and the results of the study should be available soon. There was no intervention by the Government to encourage gender bias in criteria for credit applications and the legislation in regulating that area would be welcome.

Rural women formed the majority of Grenada's population and they were the principal labour force in the agricultural sector. Action was focused on parity of wage of men and women in rural areas. The overarching aim was to seek development of a family unit through employment of women and elimination of discrimination. On land ownership, women acquired land like most of the population, namely by inheritance, purchase or rent. The Government was currently considering how best to ensure protection of elderly women, and Grenada looked forward to updating the Committee about the progress made in that field.

A new definition of rape would be introduced in the revised Criminal Code, which would also criminalize marital rape. A helpline for victims of domestic violence was not fully functional at the moment. A project was operational to provide assistance in the area of monitoring and prevention of human trafficking. Specific information on internal human trafficking was not available. Protection orders were only issued by magistrates and after a hearing, while the police was in charge of their enforcement.

Two critical undertakings had been identified in the National Strategic Plan and those included training of police in preventing violence against women and informing communities about their rights and how to protect them.

Concerning marital consent and the role of parents between ages of 16 to 18 years, the delegate said that the contradiction needed to be clarified. The right to inheritance was another matter that required the attention and relevant data collection. Child maintenance was a problem inherent within the legal system itself, which was inundated with cases and lacked capacity to deal with all the issues that required its attention. The sums of money paid in child maintenance were part of larger problems of equal pay and poverty reduction. The bill on child maintenance was currently being debated by the Parliament but the status of its adoption wasn't clear.

Concluding remarks

STEPHEN FLETCHER, Ambassador of Belgium, Holland, France, Germany and the European Union, thanked the Committee for demonstrating a significant amount of patience. It was work in progress and Grenada showed its commitment to addressing the issues, and had made progress on reporting. A lot of work had been done to modernise legislation, and often by using model and integrated legislation from the Caribbean region. The regional programme to prevent trafficking of people was one such example. Mr. Fletcher hoped the Committee now had a better understanding on what Grenada was doing to eliminate discrimination against women.

SILVIA PIMENTEL, Chairperson of the Committee, thanked the Ambassador and commended the State Party for the work done on the implementation of the Convention on the Elimination on All Forms of Discrimination Against Women. Ms. Pimentel urged the State Party to provide more data as soon as possible, as requested by the Committee during the constructive dialogue.

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