E/C.12/GMB/CO/1
Non-discrimination
12.
The Committee expresses its concern about the absence of an anti-discrimination
law which encompasses all grounds of discrimination prohibited under the Covenant. The
Committee is also concerned at the criminalization of homosexuality in the State party’s
Criminal Code, as well as about reports of arbitrary arrest and detention of individuals
perceived to be homosexual (art. 2, para. 2).
The Committee recommends that the State party adopt comprehensive antidiscrimination legislation in line with article 2, paragraph 2, of the Covenant, taking
into account the Committee’s general comment No. 20 (2009) on non-discrimination in
economic, social and cultural rights. It also recommends that the State party repeal or
amend all legislation that results or could result in discrimination, prosecution and
punishment of people because of their sexual orientation or gender identity. The
Committee further recommends that the State party take all the necessary steps to
combat and prevent discrimination against lesbian, gay, bisexual and transgender
persons, and ensure their enjoyment of all the rights enshrined in the Covenant.
Equality between women and men
13.
While noting that non-discrimination against women is accorded national priority in
the State party, the Committee is concerned that discrimination against women persists in
all areas. The Committee is particularly concerned that women’s participation in the public
sphere has not increased despite the gender equality legislation and programmes adopted by
the State party. It is also concerned about the remaining discriminatory provisions in the
State party’s legal system, including the personal status laws (art. 3).
The Committee calls upon the State party to intensify its efforts, including through the
media, the launching of awareness-raising campaigns and the use of temporary special
measures, so that equality between men and women is attained in law and in practice.
In this respect the Committee recommends that the State party effectively implement
the Women’s Act 2010 and report in its next periodic report on progress achieved
thereon. The Committee also urges the State party to abolish laws and customs which
discriminate against women, particularly in marital matters, and ensure the
consistency of personal status laws with the relevant human rights standards under
the Covenant and other international instruments.
Harmful practices
14.
The Committee is concerned about the absence of a provision criminalizing female
genital mutilation in the State party’s domestic legislation, and about the persistence of
harmful practices, including polygamy, child marriage and domestic violence (arts. 2,
para. 2, and 3).
The Committee urges the State party to introduce a legal provision criminalizing female
genital mutilation and ensure its strict implementation. The State party should also
intensify its efforts to prevent and combat all practices that are harmful to women and
girls, including polygamy and domestic violence. It is further called upon to introduce
in its legislation a harmonized minimum age of marriage for girls and boys that is in line
with international standards.
Unemployment
15.
Despite the limited information available, the Committee expresses its concern about
the reported high unemployment rate disproportionately affecting women and youth (art. 6).
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