Our Stakeholder report to Gabon’s Universal Periodic Review, led by Dr. Amna Nazir, makes specific recommendations to the government regarding child, early and forced marriage.
Researchers
Consultancy background
This Stakeholder Report focuses upon child, early and forced marriage and makes recommendations to the Government of Gabon on this key issue, implementation of which would see Benin move towards achieving Sustainable Development Goals 4 and 5 which aim for “gender equality and empowering all women and girls” and “inclusive and equitable quality education and promote lifelong learning opportunities for all.”
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On 4 November 2022, the UN’s Office of the High Commissioner for Human Rights published its Stakeholder Summary Report for Gabon, which cited the UPR Project at BCU at significant length:>
“The UPR Project at BCU (UPR BCU) noted that the pandemic had widened educational inequalities for vulnerable children and adolescents living in poor and/or remote rural areas as well as girls, refugees, those with disabilities, and those who are forcibly displaced.” (para 41)
“UPR BCU welcomed that, in 2021, Gabon revised its 1972 Civil Code to enhance legal equality for married women, including by recognising gender-based violence as legitimate grounds for divorce.” (para 43)
“UPR BCU noted that Civil Code made reference to the changes in financial inclusion of women, prevention of economic discrimination and preventing violence against women.” (para 44)
“UPR BCU made recommendations to the Government of Gabon on the implementation and the achievement of Sustainable Development Goals 4 and 5, which aim for “gender equality and empowering all women and girls” and “inclusive and equitable quality education and promote lifelong learning opportunities for all.” It also recommended to adopt a COVID-19 response strategy that extends beyond health and prioritises the prevention and elimination of ‘Child, Early and Forced Marriage’ CEFM, paying particular attention to the impact of COVID-19 on vulnerable adolescents, girls, and women.” (para 45)
“ECLJ and UPR BCU noted that Article 203 of the Civil Code established the minimum age for marriage of boys at eighteen, and fifteen for girls, violating the principles enshrined in international treaties to which Gabon is a party, particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).” (para 46)
“UPR BCU underlined that marriage below those ages was allowed subject to the authorisation of the President of the Republic, or the President of the Supreme Court and that Article 205 provided that “even if the conditions required by article 203 are met, the young man or the young woman who has not reached the age of 21 may not contract marriage without the consent of his father and mother”.” (para 47)
48. UPR BCU indicated that Child marriage was prevalent in Gabon, with girls disproportionately affected.62 UPR BCU and ECLJ noted that national data indicated that 22% of girls were married before the age of 18 and 6% before the age of 15, whilst 5% of boys were married before the age of 18.” (para 48)
“ECLJ and UPR BCU noted that Gabon drafted a Children’s Code to raise the minimum age for marriage of girls to 18 in 2019, which is pending adoption by the Gabonese Parliament.65 UPR BCU recommended to prioritise passing the Children’s Code into law.” (para 49)
“ECLJ and UPR BCU urged Gabon to revise its marriage laws in order to meet international norms, by raising the minimum age of marriage for both girls and boys to eighteen to further protect girls from the practice of child marriage.” (para 50)
“UPR BCU recommended to conduct, in consultation with relevant stakeholders, awareness raising and education programmes aimed at addressing the negative implications of Child, Early and Forced Marriage and how to effectively address the issue, and to develop a strategy for the dissemination of knowledge on Child, Early and Forced Marriage, including awareness-building and mechanisms for reporting and obtaining assistance, by utilising mass media, community radio, and social media platforms.” (para 51)
“UPR BCU indicated the lack of a National Action Plan to deal with Child, Early and Forced Marriage providing an integrated vision and clear direction to all sectors, at various levels, involved in addressing CEFM in Gabon and identifying clear national goals, objectives, strategies and key interventions across different sectors in order to help Gabon adopt an incremental approach to the elimination of the practice. 69 UPR BCU recommended to Gabon to establish a National Action Plan to End Child Marriage in Gabon, including regular monitoring and tracking of progress against targets set under the Plan.” (para 52)
“UPR BCU indicated that Gabon had implemented recommendations issued during the previous cycle to “intensify efforts to provide easy and free access to registration of birth to all children” (A/HRC/37/6, 118.85) and to “continue its good cooperation with civil society organizations and United Nations agencies, especially UNICEF, for the full registration of children at birth” (A/HRC/37/6, 118.86). Gabon has established an effective birth registration system, which can act as vital proof and also help protect children against Child, Early and Forced Marriage. UPR BCU indicated that, in November 2021, in greater Libreville, the Ministry for Social Affairs and Women’s Rights, with support from UNICEF, established the ‘Citizenship and Social Protection’ programme as part of its efforts to register children without birth certificates.” (para 53)
Following the pre-sessions in Geneva, the European Union Delegation to the United Nations invited Dr Nazir to present at the Informal Exchange of Views with the EU Member States which took place on 6th December 2022. Dr Nazir raised concerns over the issue of child, early and forced marriage in Gabon and urged Member States to issue recommendations in this regard.
EU Submission presentation sheet
The outcome of the review was published on 17 March 2023 in the Report of the Working Group. The following relevant recommendations were made to Gabon:
Establish a national action plan to deal with child, early and forced marriage. Recommending state: Romania (136.95); Zambia (136.205); Nigeria (136.232); Poland (136.233);
Take appropriate measures to strengthen protection against child, early and forced marriage. Recommending state: France (136.173); Paraguay (136.199); Sierra Leone (136.201); Croatia (136.214); Ghana (136.216); Israel (136.219); Latvia (136.223); Lesotho (136.226);
Accelerate the adoption of the Children’s Code by the parliament to protect girls from child marriage. Recommending state: Gambia (136.215);
Consider raising the age of marriage to 18 for both boys and girls. Recommending state: Malawi (136.184); Belgium (136.210); Mexico (136.230); Nigeria (136.232);
These Member State recommendations are consistent with the categories of recommendations identified in the UPR Project at BCU’s Stakeholder Report for Gabon’s UPR.
About the UPR Project at BCU
The Centre for Human Rights (CHR) has been engaging with the Universal Periodic Review (UPR) since 2016. Under the auspice of the Human Rights Council, the UPR is an intergovernmental process providing a review of the human rights record of all Member States.
Through the UPR Project at BCU, the CHR we engage with the UPR through taking part in the UPR Pre-sessions, providing capacity building for UPR stakeholders and National Human Rights Institutions, and the filing of stakeholder reports in selected sessions. The UPR Project is designed to help meet the challenges facing the safeguarding of human rights around the world, and to help ensure that UPR recommendations are translated into domestic legal change in member state parliaments.
We fully support the UPR ethos of encouraging the sharing of best practice globally to protect everyone's human rights. The UPR Project at BCU engages with the UPR regularly as a stakeholder, having submitted numerous reports and been cited by the OHCHR.