djb-FSR Supplement to CEDAW Alternative Report Germany 2016
Stellungnahme vom 30.09.2016
- submitted by the Deutscher Juristinnenbund e.V. (German Women Lawyers Association) and Frauensicherheitsrat (Women’s Security Council)
- in response to the Combined seventh and eighth periodic report of States parties (CEDAW/C/DEU/7-8, 21 October 2015, paras. 156)
- on the steps undertaken to implement the recommendations regarding Security Council resolution 1325 contained in paragraphs 51 and 52 of the Concluding Observations of the CEDAW Committee, 12 February 2009 [CEDAW/C/DEU/CO/6]:
While the "CEDAW Alternative Report. With reference to the combined Seventh and Eighth Periodic Report from the Federal Republic of Germany on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)" analyses Germany's implementation of various obligations under the CEDAW, the following report focuses on the steps undertaken to implement the recommendations regarding Security Council resolution 1325 contained in paragraphs 51 and 52 of the Concluding Observations of the CEDAW Committee, 12 February 2009 [CEDAW/C/DEU/CO/6].
Since 2009, Germany has undertaken several measures in order to implement the Committee’s recommendations regarding Security Council resolution 1325. Most importantly, Germany has adopted a first and is about to adopt a second National Action Plan (NAP). However, there are still significant obstacles to an effective implementation of Germany’s human rights obligations as reflected in the women, peace and security agenda (WPS) and as enshrined in CEDAW.
First, the NAPs have not been developed through an inclusive and participatory process with women’s organisations as requested by international standards. The civil society consultations were made last-minute and are merely symbolic, instead of being a real concern to the Government. Like the first NAP, NAP II covers no specific financial resources, no specific monitoring and evaluation mechanisms, qualitative and quantitative indicators and benchmarks. Thus, it is everything but impact oriented.
Second, the Government fails to mainstream the WPS in a coherent, comprehensive and sustainable manner. While relevant security policy documents such as the Development Policy Gender Action Plan (2009-2012 and 2016-2020), the new “Weißbuch” (2016) and the draft Guidelines on Civilian Crisis Prevention, theoretically all together aim at establishing “‘women, peace and security’ as a cross-sectional issue in the Federal Government’s foreign, security and development policy,” they make very weak references to 1325 or none at all.
Third, with regard to measures to be undertaken on its own territory, it is of utmost importance that Germany takes special protective and supportive measures for female refugees. Germany has to take the necessary legislative or other measures to ensure that, first, women can have a status of residence which is independent of their husband or partner and, second, gender‐based violence is recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection. It appears that there is no awareness among state officials that both CEDAW and UNSC resolution 1325 encompass the protection of female refugees in Germany.
Finally, Germany has to improve its administrative supervision of abuses by members of the Federal Armed Forces and to increase its efforts with regard to gender sensitive investigation and prosecution of gender-based violence and crimes.
These aspects have been discussed in detail by the Deutscher Juristinnenbund (German Women Lawyers Association) and the Frauensicherheitsrat (Women’s Security Council) in their joint civil society commentary in response to Germany’s evaluation as 2016 OSCE Chair of its steps to implement the OSCE Human Dimension commitments:
Civil Society Commentary
Berlin, 14 August 2016
by the Deutscher Juristinnenbund (German Women Lawyers Association) and Frauensicherheitsrat (Women's Security Council) in response to Germany's evaluation as 2016 OSCE Chari of its steps to implement the OSCE Human Dimension commitments
 Germany, Consideration of reports submitted by States parties under article 18 of the Convention, Seventh and eighth periodic reports of States parties due in 2014, 21 October 2015, CEDAW/C/DEU/7-8, para. 156.
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