CEDAW/C/60/D/48/2013
9.
The Committee makes the following recommendations to the Sta te party:
(a) Specifically to the authors of the communication: grant the authors
appropriate reparation and adequate compensation commensurate with the
seriousness of the violation of their rights;
(b)
In general: 37
(i) Expedite the constitutional review process and address the status of
customary laws to ensure that rights guaranteed under the Convention have
precedence over inconsistent and discriminatory customary provisions;
(ii) Ensure that all discriminatory customary laws applicable in the State
party, in particular provisions of the Local Customary Law (Declaration)
(No. 4) Order, are repealed or amended and brought into full compliance with
the Convention and the Committee’s general recommendations, including by
district councils where applicable, with a view to providing women and girls
with equal administration and inheritance rights upon the dissolution of
marriage by death, irrespective of their ethnicity or religion;
(iii) Ensure access to effective remedies by guaranteeing that courts will refrain
from resorting to excessive formalism and/or unreasonable and undue delays;
(iv) Provide mandatory capacity-building for judges, prosecutors, judicial
personnel and lawyers, including at the local and community levels, on the
Convention, the Optional Protocol thereto and the Committee’s jurisprudence,
as well as on the Committee’s general recommendations, in particular Nos. 21,
28 and 29;
(v) Encourage dialogue by holding consultations between civil society and
women’s organizations and local authorities, including with traditional leaders
at the district level, with a view to fostering dialogue on the removal of
discriminatory customary law provisions;
(vi) Conduct awareness-raising and education measures to enhance women's
knowledge of their rights under the Convention, in particular in rural and
remote areas;
(vii) Put in place a coordinating mechanism in charge of the preparation of the
State party’s observations on individual communications submitted under the
Optional Protocol, as well as of the monitoring of the implementation of
the Committee’s recommendations under the Optional Protocol.
10. In accordance with article 7 (4) of the Optional Protocol, the State party shall
give due consideration to the views of the Committee, together wi th its
recommendations, and shall submit to the Committee, within six months, a written
response, including information on any action taken in the light of the views and
recommendations of the Committee. The State party is also requested to publish the
Committee’s views and recommendations and to have them widely distributed in
order to reach all relevant sectors of society.
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37
15-05820
With reference to the recommendations to the State party in its concluding observations of 1990,
1998 and 2008. See A/45/38, para. 99; A/53/38/Rev.1, part two, para. 230; and A/63/38, part
two, para. 111.
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