| United Nations | A/49/38 |
General Assembly
Report of the
Committee on the Elimination
of Discrimination Against Women
Thirteenth session
General Assembly
Official Records - Forty-ninth Session
Supplement No. 38 (A/49/38)
Note
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The disignations employed and the presentation of the
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[Original: English/French/Spanish]
[12 April 1994]
CONTENTS
Chapter Paragraphs Page
LETTER OF TRANSMITTAL ........................... vi
I. MATTERS BROUGHT TO THE ATTENTION OF STATES
PARTIES ................................... 1
A. General recommendation 21 .............. 1
B. Suggestions ............................ 10
Suggestion 5 ........................... 10
Suggestion 6 ........................... 10
C. Other matters .......................... 12
1. Reservations to the Convention .... 12
2. Adequate meeting time to consider reports
of States parties ................. 14
3. Overdue reports ................... 14
II. ORGANIZATIONAL AND OTHER MATTERS .......... 1 - 29 16
A. States parties to the Convention ....... 1 - 2 16
B. Opening of the session ................. 3 - 8 16
C. Membership and attendance .............. 9 17
D. Adoption of the agenda ................. 10 17
E. Report of the pre-session working group 11 - 21 17
F. Organization of work ................... 22 19
G. Composition and organization of work of the
working groups ......................... 23 - 29 19
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE ................................. 30 - 35 21
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION ........ 36 - 776 23
A. Introduction ........................... 36 - 37 23
B. Consideration of reports ............... 38 - 776 23
1. Initial reports ................... 38 - 368 23
Guatemala ......................... 38 - 87 23
Guyana ............................ 88 - 125 31
Libyan Arab Jamahiriya ............ 126 - 185 38
Madagascar ........................ 186 - 244 45
Netherlands ....................... 245 - 317 53
Zambia ............................ 318 - 368 63
2. Second and third periodic reports . 369 - 728 71
Australia ......................... 370 - 412 72
Barbados .......................... 413 - 449 80
Colombia .......................... 450 - 498 86
Ecuador ........................... 499 - 545 94
Japan ............................. 546 - 607 101
New Zealand ....................... 608 - 665 111
Senegal ........................... 666 - 728 120
3. Reports submitted on an exceptional
basis ............................. 729 - 776 128
Bosnia and Herzegovina ............ 732 - 757 128
Federal Republic of Yugoslavia (Serbia and
Montenegro) ....................... 758 - 776 133
V. IMPLEMENTATION OF ARTICLE 21 OF THE
CONVENTION ................................ 777 - 783 139
Action taken by the Committee on the report of Working
Group II .................................. 779 - 783 139
VI. WAYS AND MEANS OF EXPEDITING THE WORK OF THE
COMMITTEE ................................. 784 - 823 140
A. Action taken by the Committee on the report of
Working Group I ........................ 805 - 821 143
B. Plan of activities of the Centre for Human Rights
of the United Nations Secretariat ...... 822 145
C. Feasibility of preparing an optional protocol to
the Convention ......................... 823 145
VII. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL
CONFERENCES ............................... 824 - 840 146
A. Fourth World Conference on Women ....... 824 - 830 146
B. International Conference on Population and
Development ............................ 831 149
C. World Summit for Social Development .... 832 - 840 149
VIII. PROVISIONAL AGENDA FOR THE FOURTEENTH SESSION OF THE
COMMITTEE ................................. 841 - 843 151
IX. ADOPTION OF THE REPORT .................... 844 153
Annexes
I. States parties to the Convention on the Elimination
of All Forms of Discrimination against Women as
at 4 February 1994 ........................ 154
II. Membership of the Committee on the Elimination of
Discrimination against Women .............. 158
III. Documents before the Committee at its thirteenth
session ................................... 159
IV. Status of submission and consideration of reports
submitted by States parties under article 18 of the
Convention on the Elimination of All Forms of
Discrimination against Women as at 4 February 1994 161
A. Initial reports ......................... 161
B. Second periodic reports ................. 167
C. Third periodic reports .................. 171
D. Reports submitted on an exceptional basis 174
LETTER OF TRANSMITTAL
4 February 1994
Sir,
I have the honour to refer to article 21 of the Convention
on the Elimination of All Forms of Discrimination against Women,
according to which the Committee on the Elimination of
Discrimination against Women, established pursuant to the
Convention, "shall, through the Economic and Social Council,
report annually to the General Assembly of the United Nations on
its activities".
The Committee on the Elimination of Discrimination against
Women held its thirteenth session from 17 January to 4 February
1994 at United Nations Headquarters. It adopted the report on
that session at its 258th and 259th meetings, on 4 February. The
report is herewith submitted to you for transmission to the
General Assembly at its forty-ninth session.
Accept, Sir, the assurances of my highest consideration.
(Signed) Ivanka CORTI
Chairperson
Committee on the Elimination
of Discrimination against Women
His Excellency Mr. Boutros Boutros-Ghali
Secretary-General of the United Nations
New York
I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES
A. General recommendation 21 (thirteenth session)
Equality in marriage and family relations
1. The Convention on the Elimination of All Forms of
Discrimination against Women (General Assembly resolution 34/180,
annex) affirms the equality of human rights for women and men in
society and in the family. The Convention has an important place
among international treaties concerned with human rights.
2. Other conventions and declarations also confer great
significance on the family and woman's status within it. These
include the Universal Declaration of Human Rights (General
Assembly resolution 217/A (III)), the International Covenant on
Civil and Political Rights (resolution 2200 A (XXI), annex), the
Convention on the Nationality of Married Women (resolution
1040 (XI), annex), the Convention on Consent to Marriage, Minimum
Age for Marriage and Registration of Marriages (resolution
1763 A (XVII), annex) and the subsequent Recommendation thereon
(resolution 2018 (XX)) and the Nairobi Forward-looking Strategies
for the Advancement of Women. 1/
3. The Convention on the Elimination of All Forms of
Discrimination against Women recalls the inalienable rights of
women which are already embodied in the above-mentioned
conventions and declarations, but it goes further by recognizing
the importance of culture and tradition in shaping the thinking
and behaviour of men and women and the significant part they play
in restricting the exercise of basic rights by women.
Background
4. The year 1994 has been designated by the General Assembly in
its resolution 44/82 as the International Year of the Family.
The Committee wishes to take the opportunity to stress the
significance of compliance with women's basic rights within the
family as one of the measures which will support and encourage
the national celebrations that will take place.
5. Having chosen in this way to mark the International Year of
the Family, the Committee wishes to analyse three articles in the
Convention that have special significance for the status of women
in the family:
Article 9
1. States parties shall grant women equal rights with
men to acquire, change or retain their nationality. They
shall ensure in particular that neither marriage to an alien
nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of
the husband.
2. States parties shall grant women equal rights with
men with respect to the nationality of their children.
Comment
6. Nationality is critical to full participation in society.
In general, States confer nationality on those who are born in
that country. Nationality can also be acquired by reason of
settlement or granted for humanitarian reasons such as
statelessness. Without status as nationals or citizens, women
are deprived of the right to vote or to stand for public office
and may be denied access to public benefits and a choice of
residence. Nationality should be capable of change by an adult
woman and should not be arbitrarily removed because of marriage
or dissolution of marriage or because her husband or father
changes his nationality.
Article 15
1. States parties shall accord to women equality with
men before the law.
2. States parties shall accord to women, in civil
matters, a legal capacity identical to that of men and the
same opportunities to exercise that capacity. In
particular, they shall give women equal rights to conclude
contracts and to administer property and shall treat them
equally in all stages of procedure in courts and tribunals.
3. States parties agree that all contracts and all
other private instruments of any kind with a legal effect
which is directed at restricting the legal capacity of women
shall be deemed null and void.
4. States parties shall accord to men and women the
same rights with regard to the law relating to the movement
of persons and the freedom to choose their residence and
domicile.
Comment
7. When a woman cannot enter into a contract at all, or have
access to financial credit, or can do so only with her husband's
or a male relative's concurrence or guarantee, she is denied
legal autonomy. Any such restriction prevents her from holding
property as the sole owner and precludes her from the legal
management of her own business or from entering into any other
form of contract. Such restrictions seriously limit the woman's
ability to provide for herself and her dependents.
8. A woman's right to bring litigation is limited in some
countries by law or by her access to legal advice and her ability
to seek redress from the courts. In others, her status as a
witness or her evidence is accorded less respect or weight than
that of a man. Such laws or customs limit the woman's right
effectively to pursue or retain her equal share of property and
diminish her standing as an independent, responsible and valued
member of her community. When countries limit a woman's legal
capacity by their laws, or permit individuals or institutions to
do the same, they are denying women their rights to be equal with
men and restricting women's ability to provide for themselves and
their dependents.
9. Domicile is a concept in common law countries referring to
the country in which a person intends to reside and to whose
jurisdiction she will submit. Domicile is originally acquired by
a child through its parents but, in adulthood, denotes the
country in which a person normally resides and in which she
intends to reside permanently. As in the case of nationality,
the examination of States parties' reports demonstrates that a
woman will not always be permitted at law to choose her own
domicile. Domicile, like nationality, should be capable of
change at will by an adult woman regardless of her marital
status. Any restrictions on a woman's right to choose a domicile
on the same basis as a man may limit her access to the courts in
the country in which she lives or prevent her from entering and
leaving a country freely and in her own right.
10. Migrant women who live and work temporarily in another
country should be permitted the same rights as men to have their
spouses, partners and children join them.
Article 16
1. States parties shall take all appropriate measures
to eliminate discrimination against women in all matters
relating to marriage and family relations and in particular
shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to
enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during
marriage
and at its dissolution;
(d) The same rights and responsibilities as parents,
irrespective of their marital status, in matters relating to
their children; in all cases the interests of the children
shall be paramount;
(e) The same rights to decide freely and responsibly
on
the number and spacing of their children and to have access
to the information, education and means to enable them to
exercise these rights;
(f) The same rights and responsibilities with regard
to
guardianship, wardship, trusteeship and adoption of
children, or similar institutions where these concepts exist
in national legislation; in all cases the interests of the
children shall be paramount;
(g) The same personal rights as husband and wife,
including the right to choose a family name, a profession
and an occupation;
(h) The same rights for both spouses in respect of the
ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of
charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall
have
no legal effect, and all necessary action, including
legislation, shall be taken to specify a minimum age for
marriage and to make the registration of marriages in an
official registry compulsory.
Comment
Public and private life
11. Historically, human activity in public and private life has
been viewed differently and regulated accordingly. In all
societies women who have traditionally performed their roles in
the private or domestic sphere have long had those activities
treated as inferior.
12. As such activities are invaluable for the survival of
society, there can be no justification for applying different and
discriminatory laws or customs to them. Reports of States
parties disclose that there are still countries where de jure
equality does not exist. Women are thereby prevented from having
equal access to resources and from enjoying equality of status in
the family and society. Even where de jure equality exists, all
societies assign different roles, which are regarded as inferior,
to women. In this way, principles of justice and equality
contained in particular in article 16 and also in articles 2, 5
and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to
State, and even between regions within a State. Whatever form it
takes, and whatever the legal system, religion, custom or
tradition within the country, the treatment of women in the
family both at law and in private must accord with the principles
of equality and justice for all people, as article 2 of the
Convention requires.
Polygamous marriages
14. States parties' reports also disclose that polygamy is
practised in a number of countries. Polygamous marriage
contravenes a woman's right to equality with men, and can have
such serious emotional and financial consequences for her and her
dependents that such marriages ought to be discouraged and
prohibited. The Committee notes with concern that some States
parties, whose constitutions guarantee equal rights, permit
polygamous marriage in accordance with personal or customary law.
This violates the constitutional rights of women, and breaches
the provisions of article 5 (a) of the Convention.
Article 16 (1) (a) and (b)
15. While most countries report that national constitutions and
laws comply with the Convention, custom, tradition and failure to
enforce these laws in reality contravene the Convention.
16. A woman's right to choose a spouse and enter freely into
marriage is central to her life and to her dignity and equality
as a human being. An examination of States parties' reports
discloses that there are countries which, on the basis of custom,
religious beliefs or the ethnic origins of particular groups of
people, permit forced marriages or remarriages. Other countries
allow a woman's marriage to be arranged for payment or preferment
and in others women's poverty forces them to marry foreign
nationals for financial security. Subject to reasonable
restrictions based for example on a woman's youth or
consanguinity with her partner, a woman's right to choose when,
if, and whom she will marry must be protected and enforced at
law.
Article 16 (1) (c)
17. An examination of States parties' reports discloses that
many countries in their legal systems provide for the rights and
responsibilities of married partners by relying on the
application of common law principles, religious or customary law,
rather than by complying with the principles contained in the
Convention. These variations in law and practice relating to
marriage have wide-ranging consequences for women, invariably
restricting their rights to equal status and responsibility
within marriage. Such limitations often result in the husband
being accorded the status of head of household and primary
decision maker and therefore contravene the provisions of the
Convention.
18. Moreover, generally a de facto union is not given legal
protection at all. Women living in such relationships should
have their equality of status with men both in family life and in
the sharing of income and assets protected by law. Such women
should share equal rights and responsibilities with men for the
care and raising of dependent children or family members.
Article 16 (1) (d) and (f)
19. As provided in article 5 (b), most States recognize the
shared responsibility of parents for the care, protection and
maintenance of children. The principle that "the best interests
of the child shall be the paramount consideration", has been
included in the Convention on the Rights of the Child (General
Assembly resolution 44/25, annex) and seems now to be universally
accepted. However, in practice, some countries do not observe
the principle of granting the parents of children equal status,
particularly when they are not married. The children of such
unions do not always enjoy the same status as those born in
wedlock and, where the mothers are divorced or living apart, many
fathers fail to share the responsibility of care, protection and
maintenance of their children.
20. The shared rights and responsibilities enunciated in the
Convention should be enforced at law and as appropriate through
legal concepts of guardianship, wardship, trusteeship and
adoption. States parties should ensure that by their laws both
parents, regardless of their marital status and whether they live
with their children or not, share equal rights and
responsibilities for their children.
Article 16 (1) (e)
21. The responsibilities that women have to bear and raise
children affect their right of access to education, employment
and other activities related to their personal development. They
also impose inequitable burdens of work on women. The number and
spacing of their children have a similar impact on women's lives
and also affect their physical and mental health, as well as that
of their children. For these reasons, women are entitled to
decide on the number and spacing of their children.
22. Some reports disclose coercive practices which have serious
consequences for women, such as forced pregnancies, abortions or
sterilization. Decisions to have children or not, while
preferably made in consultation with spouse or partner, must not
nevertheless be limited by spouse, parent, partner or Government.
In order to make an informed decision about safe and reliable
contraceptive measures, women must have information about
contraceptive measures and their use, and guaranteed access to
sex education and family planning services, as provided in
article 10 (h) of the Convention.
23. There is general agreement that where there are freely
available appropriate measures for the voluntary regulation of
fertility, the health, development and well-being of all members
of the family improves. Moreover, such services improve the
general quality of life and health of the population, and the
voluntary regulation of population growth helps preserve the
environment and achieve sustainable economic and social
development.
Article 16 (1) (g)
24. A stable family is one which is based on principles of
equity, justice and individual fulfilment for each member. Each
partner must therefore have the right to choose a profession or
employment that is best suited to his or her abilities,
qualifications and aspirations, as provided in article 11 (a)
and (c) of the Convention. Moreover, each partner should have
the right to choose his or her name, thereby preserving
individuality and identity in the community and distinguishing
that person from other members of society. When by law or custom
a woman is obliged to change her name on marriage or at its
dissolution, she is denied these rights.
Article 16 (1) (h)
25. The rights provided in this article overlap with and
complement those in article 15 (2) in which an obligation is
placed on States to give women equal rights to enter into and
conclude contracts and to administer property.
26. Article 15 (1) guarantees women equality with men before the
law. The right to own, manage, enjoy and dispose of property is
central to a woman's right to enjoy financial independence, and
in many countries will be critical to her ability to earn a
livelihood and to provide adequate housing and nutrition for
herself and for her family.
27. In countries that are undergoing a programme of agrarian
reform or redistribution of land among groups of different ethnic
origins, the right of women, regardless of marital status, to
share such redistributed land on equal terms with men should be
carefully observed.
28. In most countries, a significant proportion of the women are
single or divorced and many have the sole responsibility to
support a family. Any discrimination in the division of property
that rests on the premise that the man alone is responsible for
the support of the women and children of his family and that he
can and will honourably discharge this responsibility is clearly
unrealistic. Consequently, any law or custom that grants men a
right to a greater share of property at the end of a marriage or
de facto relationship, or on the death of a relative, is
discriminatory and will have a serious impact on a woman's
practical ability to divorce her husband, to support herself or
her family and to live in dignity as an independent person.
29. All of these rights should be guaranteed regardless of a
woman's marital status.
Marital property
30. There are countries that do not acknowledge that right of
women to own an equal share of the property with the husband
during a marriage or de facto relationship and when that marriage
or relationship ends. Many countries recognize that right, but
the practical ability of women to exercise it may be limited by
legal precedent or custom.
31. Even when these legal rights are vested in women, and the
courts enforce them, property owned by a woman during marriage or
on divorce may be managed by a man. In many States, including
those where there is a community-property regime, there is no
legal requirement that a woman be consulted when property owned
by the parties during marriage or de facto relationship is sold
or otherwise disposed of. This limits the woman's ability to
control disposition of the property or the income derived from
it.
32. In some countries, on division of marital property, greater
emphasis is placed on financial contributions to property
acquired during a marriage, and other contributions, such as
raising children, caring for elderly relatives and discharging
household duties are diminished. Often, such contributions of a
non-financial nature by the wife enable the husband to earn an
income and increase the assets. Financial and non-financial
contributions should be accorded the same weight.
33. In many countries, property accumulated during a de facto
relationship is not treated at law on the same basis as property
acquired during marriage. Invariably, if the relationship ends,
the woman receives a significantly lower share than her partner.
Property laws and customs that discriminate in this way against
married or unmarried women with or without children should be
revoked and discouraged.
Inheritance
34. Reports of States parties should include comment on the
legal or customary provisions relating to inheritance laws as
they affect the status of women as provided in the Convention and
in Economic and Social Council resolution 884 D (XXXIV), in which
the Council recommended that States ensure that men and women in
the same degree of relationship to a deceased are entitled to
equal shares in the estate and to equal rank in the order of
succession. That provision has not been generally implemented.
35. There are many countries where the law and practice
concerning inheritance and property result in serious
discrimination against women. As a result of this uneven
treatment, women may receive a smaller share of the husband's or
father's property at his death than would widowers and sons. In
some instances, women are granted limited and controlled rights
and receive income only from the deceased's property. Often
inheritance rights for widows do not reflect the principles of
equal ownership of property acquired during marriage. Such
provisions contravene the Convention and should be abolished.
Article 16 (2)
36. In the Vienna Declaration and Programme of Action 2/ adopted
by the World Conference on Human Rights, held at Vienna from 14
to 25 June 1993, States are urged to repeal existing laws and
regulations and to remove customs and practices which
discriminate against and cause harm to the girl child.
Article 16 (2) and the provisions of the Convention on the Rights
of the Child preclude States parties from permitting or giving
validity to a marriage between persons who have not attained
their majority. In the context of the Convention on the Rights
of the Child, "a child means every human being below the age of
eighteen years unless, under the law applicable to the child,
majority is attained earlier". Notwithstanding this definition,
and bearing in mind the provisions of the Vienna Declaration, the
Committee considers that the minimum age for marriage should be
18 years for both man and woman. When men and women marry, they
assume important responsibilities. Consequently, marriage should
not be permitted before they have attained full maturity and
capacity to act. According to the World Health Organization,
when minors, particularly girls, marry and have children, their
health can be adversely affected and their education is impeded.
As a result their economic autonomy is restricted.
37. This not only affects women personally but also limits the
development of their skills and independence and reduces access
to employment, thereby detrimentally affecting their families and
communities.
38. Some countries provide for different ages for marriage for
men and women. As such provisions assume incorrectly that women
have a different rate of intellectual development from men, or
that their stage of physical and intellectual development at
marriage is immaterial, these provisions should be abolished. In
other countries, the betrothal of girls or undertakings by family
members on their behalf is permitted. Such measures contravene
not only the Convention, but also a woman's right freely to
choose her partner.
39. States parties should also require the registration of all
marriages whether contracted civilly or according to custom or
religious law. The State can thereby ensure compliance with the
Convention and establish equality between partners, a minimum age
for marriage, prohibition of bigamy and polygamy and the
protection of the rights of children.
Recommendations
Violence against women
40. In considering the place of women in family life, the
Committee wishes to stress that the provisions of general
recommendation 19 (eleventh session) 3/ concerning violence
against women have great significance for women's abilities to
enjoy rights and freedoms on an equal basis with men. States
parties are urged to comply with that general recommendation to
ensure that, in both public and family life, women will be free
of the gender-based violence that so seriously impedes their
rights and freedoms as individuals.
Reservations
41. The Committee has noted with alarm the number of States
parties which have entered reservations to the whole or part of
article 16, especially when a reservation has also been entered
to article 2, claiming that compliance may conflict with a
commonly held vision of the family based, inter alia, on cultural
or religious beliefs or on the country's economic or political
status.
42. Many of these countries hold a belief in the patriarchal
structure of a family which places a father, husband or son in a
favourable position. In some countries where fundamentalist or
other extremist views or economic hardships have encouraged a
return to old values and traditions, women's place in the family
has deteriorated sharply. In others, where it has been
recognized that a modern society depends for its economic advance
and for the general good of the community on involving all adults
equally, regardless of gender, these taboos and reactionary or
extremist ideas have progressively been discouraged.
43. Consistent with articles 2, 3 and 24 in particular, the
Committee requires that all States parties gradually progress to
a stage where, by its resolute discouragement of notions of the
inequality of women in the home, each country will withdraw its
reservation, in particular to articles 9, 15 and 16 of the
Convention.
44. States parties should resolutely discourage any notions of
inequality of women and men which are affirmed by laws, or by
religious or private law or by custom, and progress to the stage
where reservations, particularly to article 16, will be
withdrawn.
45. The Committee noted, on the basis of its examination of
initial and subsequent periodic reports, that in some States
parties to the Convention that had ratified or acceded without
reservation, certain laws, especially those dealing with family,
do not actually conform to the provisions of the Convention.
46. Their laws still contain many measures which discriminate
against women based on norms, customs and socio-cultural
prejudices. These States, because of their specific situation
regarding these articles, make it difficult for the Committee to
evaluate and understand the status of women.
47. The Committee, in particular on the basis of articles 1 and
2 of the Convention, requests that those States parties make the
necessary efforts to examine the de facto situation relating to
the issues and to introduce the required measures in their
national legislations still containing provisions discriminatory
to women.
Reports
48. Assisted by the comments in the present general
recommendation, in their reports States parties should:
(a) Indicate the stage that has been reached in the
country's progress to removal of all reservations to the
Convention, in particular reservations to article 16;
(b) Set out whether their laws comply with the principles of
articles 9, 15 and 16 and where, by reason of religious or
private law or custom, compliance with the law or with the
Convention is impeded.
Legislation
49. States parties should, where necessary to comply with the
Convention, in particular in order to comply with articles 9, 15
and 16, enact and enforce legislation.
Encouraging compliance with the Convention
50. Assisted by the comments in the present general
recommendation, and as required by articles 2, 3 and 24, States
parties should introduce measures directed at encouraging full
compliance with the principles of the Convention, particularly
where religious or private law or custom conflict with those
principles.
B. Suggestions
Suggestion 5. Feasibility of preparing an optional protocol
to the Convention
The Committee notes that the World Conference on Human
Rights recommended:
"New procedures should also be adopted to strengthen
implementation of the commitment to women's equality and the
human rights of women. The Commission on the Status of
Women and the Committee on the Elimination of Discrimination
against Women should quickly examine the possibility of
introducing the right of petition through the preparation of
an optional protocol to the Convention on the Elimination of
All Forms of Discrimination against Women." 4/
and on the basis of its discussion, it suggests:
(1) That the Commission on the Status of Women request the
Secretary-General of the United Nations to convene an expert
group meeting to prepare a draft optional protocol to the
Convention on the Elimination of All Forms of Discrimination
against Women providing for a complaints procedure. The expert
group should be composed of 5 to 10 independent experts with a
knowledge of the different forms of civilization and the
principal legal systems and a knowledge of international law and
the experience of the other human rights treaty bodies, in the
preparation and operation of optimal protocols.
(2) The expert group meeting should be convened during 1994.
Upon the nomination of the experts by the Secretary-General, the
secretariat of the Division for the Advancement of Women should
seek written suggestions from the independent experts as to the
elements which the optional protocol should comprise. The
secretariat should, from those suggestions, compile a working
document, which should be circulated to the experts prior to
their meeting.
(3) The Chairperson should designate one of the members to
participate in the preliminary exchange of suggestions and in the
compilation of the working document. That member should also
participate in the expert group meeting.
(4) The report on the expert group meeting should be
presented first to the Committee on the Elimination of
Discrimination against Women for its comment and then to the
Commission on the Status of Women for action.
Suggestion 6. International Conference on Population
and Development
The Committee on the Elimination of Discrimination against
Women,
Bearing in mind that the Charter of the United Nations
reaffirms faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and
women,
Recalling that the Convention on the Elimination of All
Forms of Discrimination against Women states that the full and
complete development of a country, the welfare of the world and
the cause of peace require the maximum participation of women on
equal terms with men in all fields,
Recalling also that the International Conference on
Population and Development, to be held at Cairo from 5 to
13 September 1994, is being held at a time when profound
political, economic, social and cultural changes are taking place
and when it is being recognized that the role of both men and
women is the central force in sustainable development, that women
constitute the majority of the world population and that the
interdependence of their status with economic growth, the
elimination of poverty, sustainable development and population
issues,
Noting that in the Vienna Declaration and Programme of
Action adopted by the World Conference on Human Rights, held at
Vienna from 14 to 25 June 1993, it is stated that the human
rights of women and of the girl child are an inalienable,
integral and indivisible part of universal human rights and that
the full and equal participation of women in political, civil,
economic, social and cultural life, at the national, regional and
international levels, and the eradication of all forms of
discrimination on grounds of sex are priority objectives of the
international community, 5/
1. Reiterates the provisions of the Convention on the
Elimination of All Forms of Discrimination against Women bearing
in mind the great contribution of women to the welfare of the
family and to the development of society, so far not fully
recognized, the social significance of maternity and the role of
both parents in the family and in the upbringing of children;
2. Further reiterates that the role of women in procreation
should not be a basis for discrimination but that the upbringing
of children requires a sharing of responsibility between men and
women and society as a whole;
3. Reaffirms that women should have, on the basis of
equality, the same rights as men to decide freely and responsibly
on the number and spacing of their children and to have access to
complete information on alternative forms of safe family planning
methods and services, including education and means to enable
them to exercise these rights;
4. Notes that there is a vicious cycle of women's
illiteracy, poverty, high fertility rates and discrimination in
formal and informal employment, as well as an interrelation of
these issues with population and development issues, and that due
attention must therefore be given to this interdependence in any
population and development policies as well as to allowing women
equal participation in the relevant governmental and
non-governmental decision-making processes;
5. Reaffirms the objective of the International Conference
on Population and Development to raise the quality of life for
all people, notably through the guarantee of human rights, the
alleviation of poverty, the creation of employment in the formal
sector and protection and access to social benefits of women
working in the informal sector and the improvement of health,
education, nutrition and housing, and considers that, as women
are generally the poorest of the poor, eliminating social,
cultural, economic and political discrimination against women is
a prerequisite for attaining the human rights of women and for
enhancing the quality of life of the people, as well as reducing
poverty, promoting economic growth and achieving sound population
policies;
6. Recognizes that, in view of the increase in the number
of female-headed households who are among the poorest sectors of
the population, special measures should be carried out to provide
for the special needs of female-headed families and that due
attention should be paid to them in all aspects of population and
development policies;
7. Strongly emphasizes that one of the main objectives of
the Conference is to eliminate discrimination against the girl
child and increase public awareness of her value as a human
being, both before and after her birth; to eliminate the root
causes of preferences for sons; to strengthen the girl child's
self-image and self-esteem and improve the status of the girl
child, especially with regard to health, nutrition and education,
and to raise the minimum age of marriage of girls to 18;
8. Takes note of the economic contribution of women's
domestic work and other non-remunerated work, as well as the
product of their functions in the informal sector, and considers
that due attention should be paid to the recognition of the value
of that work in research and in calculating gross national
product, which forms the basis of development and population
policies and programmes, and to the necessity of eliminating all
discriminatory practices impeding women's work in those areas
when formulating development and population policies;
9. Recommends that, in the formulation of sustainable
development policies, particularly for poor rural and urban
areas, the needs and tasks of women, and their impact on natural
resources, should be recognized and that women should participate
in governmental and non-governmental decision-making processes on
these issues on equal terms with men;
10. Notes that the severe economic situation facing many
nations, both developed and developing, as well as structural
adjustment programmes and the concomitant reduction in social
programmes, have serious implications for the people;
11. Also notes that those implications occur particularly at
the grass-roots level, where women who comprise the majority
suffer disproportionately from the transition and adjustment
periods;
12. Calls for appropriate measures to be carried out by
Governments and international organizations and financial
institutions to alleviate the burden imposed in the life of men
and women and their families in this respect.
C. Other matters
1. Reservations to the Convention
1. In view of its frequently expressed concern about
reservations to the Convention, and bearing in mind the
recommendation of the World Conference on Human Rights that
States be encouraged "to consider limiting the extent of any
reservations they lodge to international human rights
instruments, formulate any reservations as precisely and narrowly
as possible, ensure that none is incompatible with the object and
purpose of the relevant treaty and regularly review any
reservations with a view to withdrawing them," 6/ the Committee
decided to take further steps to address the issue.
2. The Committee has on a number of occasions raised the issue
of reservations to the Convention. It recognizes that the
Convention allows reservations so that a maximum number of States
can become parties. However, article 28 of the Convention
provides, inter alia: "A reservation incompatible with the
object and purpose of the present Convention shall not be
permitted".
3. At its twelfth session, the Committee recalled that it had
raised the issue of reservations to the Convention at its
previous sessions and that at its eleventh session it had
recommended, inter alia, that, in connection with preparations
for the World Conference on Human Rights in 1993, States parties
should raise the question of the validity and legal effect of
reservations to the Convention in the context of reservations to
other human rights treaties (general recommendation 20). The
Committee subscribes to the recommendation of the Conference
quoted in paragraph 1 above.
4. The Committee decides to bring again to the attention of the
States parties the seriousness with which the Committee considers
the problem of reservations and requests that this concern be
conveyed to the seventh meeting of States parties.
5. The Committee decides to amend the guidelines for the
preparation of initial and subsequent periodic reports, to
include a section indicating how the Committee would like States
parties which have entered reservations to report on this. The
text of the amendment would read as follows:
Each State party that has entered substantive
reservations to the Convention should include information on
them in each of its periodic reports.
In reporting on reservations, the State party should
indicate why it considered the reservation to be necessary
and whether reservations the State party may or may not have
entered on obligations with regard to the same rights in
other conventions are consistent with the reservations to
the Convention on the Elimination of All Forms of
Discrimination against Women, as well as the precise effect
of the reservation in terms of national law and policy. It
should indicate the plans that it has to limit the effect of
reservations and ultimately withdraw them and, whenever
possible, specify a timetable for withdrawing them.
States parties which have entered general reservations
that do not refer to a specific article of the Convention or
reservations to articles 2 and 3 should make a particular
effort to report on the effect and interpretation of them.
The Committee considers these to be incompatible with the
object and purpose of the present Convention.
6. The Committee also requests that a special letter be sent by
the Secretary-General to those States parties that have entered
substantive reservations to the Convention drawing their
attention to the Committee's concern.
7. The Committee recommends that the programme of advisory
services of the Centre for Human Rights and of the Division for
the Advancement of Women provide, on request, advice to States
parties on the withdrawal of reservations.
8. The Committee requests the Secretariat to bring the
Committee's concern about reservations to the attention of the
Commission on the Status of Women and the Commission on Human
Rights, as well as to the other human rights treaty bodies.
9. The Committee further requests that the Secretariat, in
preparing analyses of reports of individual States parties,
include in the analysis an indication of reservations made by the
State to other human rights conventions on the same human rights.
10. The Committee decides, for those States parties that have
entered substantive reservations, to include in the concluding
observations it prepares following the review of their periodic
reports a section in which the Committee's views on the
reservations would be reflected.
11. The Committee notes that a number of States parties which
consider reservations of other States parties to be incompatible
with the object and purpose of the Convention enter objections to
the reservations. It encourages those States to enter into a
dialogue on a bilateral basis with the States to whose
reservations they object with a view to finding a solution.
2. Adequate meeting time to consider reports of States parties
12. The backlog of reports pending consideration by the
Committee is now very large and is growing since the number of
States parties is increasing. Moreover, if an effort is made to
encourage States with overdue reports to submit them, the size of
the backlog will increase further. If States currently parties
to the Convention were to report on schedule, the Committee would
be expected to consider 30 reports per session. There is now an
average of three years between the time a State party submits its
report and its consideration by the Committee. This is itself a
disincentive to report and leads to the need for the State to
present additional information to update the report which, in
turn, increases the volume of documentation that must be
considered by the Committee.
13. The limitation on the duration of sessions of the Committee
contained in the Convention has become a serious obstacle. The
temporary extension of sessions to three weeks cannot be expected
to eliminate the backlog.
14. The Committee therefore recommends that the States parties
undertake to amend, on an exceptional basis and with reference
only to the workings of the Committee, article 20 of the
Convention to allow the Committee to meet annually to consider
reports submitted in accordance with article 18. It further
recommends that the General Assembly, pending the completion of
an amendment process, authorize the Committee to meet,
exceptionally, for two sessions of three weeks duration each
preceded by a pre-session working group starting in 1995 and in
the biennium 1996-1997.
15. It requests the Secretariat to bring this recommendation to
the attention of the States parties at their seventh meeting in
February 1994.
3. Overdue reports
16. The Committee notes with alarm that 38 States parties have
not yet submitted initial reports. It recalls its decision to
permit States parties whose reports are long overdue to combine
reports. It requests the Secretariat to bring this matter to the
attention of the seventh meeting of States parties and, in
cooperation with relevant organizations of the United Nations
system, to provide advisory services, on request, to countries in
preparing their reports.
II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. On 4 February 1994, the closing date of the thirteenth
session of the Committee on the Elimination of Discrimination
against Women, there were 132 States parties to the Convention on
the Elimination of All Forms of Discrimination against Women,
which was adopted by the General Assembly in its resolution
34/180 of 18 December 1979, and opened for signature,
ratification and accession in New York in March 1980. In
accordance with article 27, the Convention entered into force on
3 September 1981.
2. A list of States parties to the Convention is contained in
annex I to the present report.
B. Opening of the session
3. The Committee on the Elimination of Discrimination against
Women held its thirteenth session at United Nations Headquarters
from 17 January to 4 February 1994. The Committee held 27
plenary meetings (233rd to 259th meetings) and its two working
groups each held 6 closed meetings. A third informal working
group met four times.
4. The session was opened by the Chairperson of the Committee,
Ivanka Corti, who had been elected at the twelfth session of the
Committee in January 1993.
5. In her opening statement, the Secretary-General of the
Fourth World Conference on Women stated that the Committee was
considered one of the preparatory bodies for the Conference. The
Conference, to be held in Beijing in 1995, was an opportunity for
the Committee to assess the implementation of the Convention.
6. The Vienna Declaration and Programme of Action, adopted by
the World Conference on Human Rights in 1993, had underlined the
importance of women's rights as human rights, while at the same
time expressing concern that, although women had the same human
rights as men, they did not enjoy them as much as men did. The
Declaration had also underlined the importance of the integration
and full participation of women, as a human right, in the
sustainable development process both as agents and beneficiaries,
and had emphasized that new procedures should be adopted to
strengthen implementation of the commitment to equality and human
rights as they related to women. The Conference had asked both
the Commission on the Status of Women and the Committee on the
Elimination of Discrimination against Women to examine the
possibility of introducing the right of individual petition
through the preparation of an optional protocol to the Convention
and had asked the Committee to continue its review of those
reservations that ran contrary to the object and purpose of the
Convention or which were otherwise incompatible with
international treaty law.
7. She said that Latin America and the Caribbean had become the
first region where all States Members of the United Nations were
parties to the Convention, and expressed the hope that other
regions would do likewise prior to the Conference. It would be a
great affirmation of the world's commitment to the protection and
implementation of human rights as they related to women if, by
the time of the Conference, the Convention became the first human
rights instrument to achieve universal ratification without
reservations.
8. The preparations for the Fourth World Conference on Women
meant that it would no longer be "business as usual" in
programmes dealing with the advancement of women. As one of the
preparatory bodies for the Conference, the Committee could
contribute to its preparation by providing guidelines on how best
to ensure that the human rights of women could be enjoyed.
C. Membership and attendance
9. All the members of the Committee, with the exception of
Ryoko Akamatsu, attended the thirteenth session. Kongit
Sinegiorgis attended the session from 26 January to 4 February
and Rose N. Ukeje from 20 January to 4 February 1994. For the
membership of the Committee, see annex II.
D. Adoption of the agenda
10. The Committee considered the provisional agenda
(CEDAW/C/1994/1) at its 233rd meeting, on 17 January. The agenda
as adopted was as follows:
1. Opening of the session.
2. Adoption of the agenda and organization of work.
3. Report of the Chairperson on the activities undertaken
between the twelfth and the thirteenth sessions of the
Committee.
4. Consideration of reports submitted by States parties
under article 18 of the Convention on the Elimination of All
Forms of Discrimination against Women.
5. Implementation of article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women.
6. Ways and means of expediting the work of the Committee
on the Elimination of Discrimination against Women.
7. Contributions of the Committee on the Elimination of
Discrimination against Women to international conferences.
8. Provisional agenda for the fourteenth session.
9. Adoption of the report of the Committee on the
Elimination of Discrimination against Women on its
thirteenth session.
E. Report of the pre-session working group
11. The Committee had decided at its ninth session 7/ to convene
a pre-session working group for five days before each session to
prepare lists of questions relating to the second and subsequent
periodic reports that would be considered by the Committee at the
session.
12. The Committee, wishing to reflect in those lists the ideas
and views of various members of the Committee, decided that they
should continue to submit to the Secretariat draft questions on
specific countries and articles of the Convention prior to the
meeting of the Working Group.
13. Following the request of the Committee, the Secretariat
prepared an analysis of each State party's report based on the
information presented in the initial report and in subsequent
reports, and using supplementary statistical data from other
United Nations sources, in order to provide information in
respect of questions to which answers were still pending. In
compliance with the request, the analyses also drew on other
reports about the country that were available, prepared by other
human rights treaty bodies or in accordance with conventions of
the specialized agencies of the United Nations system. The
analyses also contained, where appropriate, information
specifically provided by the specialized agencies and extracts
from the statistics of the United Nations Children's Fund
(UNICEF).
14. The Committee had proposed five members to form the
pre-session Working Group. The members present were: Carlota
Bustelo, Norma Monica Forde, Tatiana Nikolaeva and Ahoua
Ouedraogo. The fifth member, Salma Khan, was not able to attend.
15. The pre-session Working Group held 10 meetings, including 3
drafting sessions, at United Nations Headquarters, from 10 to
14 January 1994. Norma Monica Forde was elected as Chairperson.
16. According to the provisional agenda of the Committee
(CEDAW/C/1994/1), the Working Group had to prepare lists of
questions for seven countries: Australia, Barbados, Colombia,
Ecuador, Japan, New Zealand and Senegal.
17. For the preparation of the lists, the Working Group had
before it the reports of those seven countries; the general
guidelines regarding the form and contents of periodic reports
(CEDAW/C/7); the general recommendations adopted by the
Committee; and the draft lists of questions received from six
members of the Committee. Further reference materials included
the declarations, reservations, objections and notifications of
the withdrawal of reservations relating to the Convention
(CEDAW/SP/1994/2); the analyses, prepared by the Secretariat, of
the second periodic reports of Australia, Ecuador, Japan, New
Zealand and Senegal; the combined second and third periodic
reports of Barbados and Colombia and the third periodic reports
of Ecuador and Japan, as well as information material received
from non-governmental organizations.
18. In preparing the lists of questions, the pre-session Working
Group followed the suggestion of the Committee to concentrate on
a limited number of questions, to focus on analytical and
qualitative aspects rather than on specific questions and to
underline the achievements, remaining obstacles and matters in
respect of which further information should be provided. The
Working Group endeavoured to include questions that reflected, as
far as possible, the Committee's more general concerns as they
applied to the report under consideration.
19. As in previous years, the Working Group allocated to each of
its members the main responsibility for and coordination of the
preparation of a preliminary list of questions on one or two
countries. Each draft was subsequently discussed, revised and
amended.
20. The lists of questions drawn up by the Working Group are
contained in the report of the pre-session Working Group
(CEDAW/C/1994/CRP.2), which the Committee had before it. The
Working Group, as authorized by the Committee, transmitted each
list directly to the State party concerned on 14 January 1994.
21. The Working Group paid tribute to and recognized the value
of the work done by non-governmental organizations in providing
additional information material. The Working Group commented on
the length of some reports and the problems related to the late
submission of additional or revised reports by some countries.
F. Organization of work
22. The Committee considered its organization of work
(CEDAW/C/1994/CRP.1) at its 233rd meeting.
G. Composition and organization of work of the
working groups
23. At its 233rd and 238th meetings, on 17 and 19 January, the
Committee agreed on the composition of its two standing Working
Groups: Working Group I to consider and suggest ways and means
of expediting the work of the Committee and Working Group II to
consider ways and means of discharging its responsibilities under
article 21 of the Convention, in particular through its
consideration of articles 7 and 8.
24. Working Group I was composed of the following members of the
Committee: Emna Aouij, Dora Bravo Nu¤ez de Ramsey, Norma Monica
Forde, Liliana Gurdulich de Correa, Zagorka Ilic, Lin Shangzhen,
Pirkko Anneli M„kinen, Elsa Victoria Mu¤oz-G˘mez, Tatiana
Nikolaeva, Ahoua Ouedraogo, Hanna Beate Sch”pp-Schilling, Kongit
Sinegiorgis, Mervat Tallawy and Rose N. Ukeje.
25. Working Group II was composed of the following members of
the Committee: Charlotte Abaka, Gl Aykor, Carlota Bustelo
Garcˇa del Real, Silvia Rose Cartwright, Ivanka Corti, Evangelina
Garcˇa-Prince, Salma Khan and Teresita Quintos-Deles.
26. At its 237th meeting, on 20 January, the Committee also
decided to organize Working Group III to deal with issues
concerning, among others, the Vienna Declaration and Programme of
Action adopted by the World Conference on Human Rights. Working
Group III was composed of the following members of the Committee:
Silvia Rose Cartwright, Ivanka Corti, Norma Monica Forde,
Zagorka Ilic, Hanna Beate Sch”pp-Schilling, Kongit Sinegiorgis
and Mervat Tallawy.
Working Group I
27. The Committee agreed on the following draft programme of
work for Working Group I:
(a) Reservations to the Convention;
(b) Adequate meeting time to consider reports of States
parties;
(c) Overdue reports;
(d) Secretariat servicing of the Committee;
(e) Venue of the session;
(f) Review of the rules of procedure;
(g) Formulation of Committee comments on the reports of
States parties;
(h) Organization of the fourteenth session of the Committee;
(i) Reports to be considered at the fourteenth session;
(j) Provisional agenda for the fourteenth session.
Working Group II
28. The Committee agreed on the following draft programme of
work for Working Group II:
(a) Analysis of articles 7 and 8 of the Convention;
(b) Contribution of the Committee to the Fourth World
Conference on Women;
(c) Contribution of the Committee to the World Summit for
Social Development.
Working Group III
29. The Committee agreed on the following draft programme of
work for Working Group III:
(a) Relations with the Centre for Human Rights:
(i) Next meeting of the Human Rights Committee;
(ii) Appointment of the official rapporteur on violence;
(iii) Plan of action of the Centre for Human Rights;
(iv) Human rights education (reply to the Assistant
Secretary-General for Human Rights);
(v) Issues to be dealt with at the next meeting of
Chairpersons;
(vi) Improvement of cooperation between human rights
committees and their secretariats;
(b) Input (suggestions) to the International Conference on
Population and Development;
(c) Feasibility of drafting an optional protocol.
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS
OF THE COMMITTEE
30. In her introductory statement, the Chairperson of the
Committee gave an overview of the activities undertaken during
the past 12 months and the results achieved. In an effort to
increase the visibility of the Committee, she had participated,
in her capacity as chairperson, in the thirty-seventh session of
the Commission on the Status of Women, the World Conference on
Human Rights, the meetings of the Third Committee of the General
Assembly during its discussion of the agenda item entitled
"Advancement of women" and other international conferences and
events. She had frequently been confronted with a regrettable
lack of knowledge about the Convention and the Committee. The
limited financial and human resources of the secretariat were one
of the reasons why so few outreach activities could be undertaken
in the past.
31. In her contacts with the specialized agencies, in particular
the United Nations Educational, Scientific and Cultural
Organization (UNESCO), the United Nations Population Fund
(UNFPA), UNICEF and the World Health Organization (WHO), she had
received positive feedback and indications of possible
cooperation, for example, in the field of human rights education
and the treatment of the rights of the girl child. She
emphasized the important activities undertaken by
non-governmental organizations active in women's rights and
suggested investigating ways to utilize their contributions more
actively.
32. The World Conference on Human Rights held at Vienna
represented a milestone for the recognition of the human rights
of women. She noted that suggestion 4 of the Committee had been
a useful tool in drawing up the resolution elaborated by the
Commission on the Status of Women for the Conference, and she
supported the efforts of non-governmental organizations in
amending the final document of the Conference. The Vienna
Declaration and Programme of Action recognized the Convention on
the Elimination of All Forms of Discrimination against Women as
an important international instrument in the field of women's
rights. It also put the Committee on an equal footing with other
human rights treaty bodies. Concerning the plans being
elaborated by the Centre for Human Rights of the United Nations
Secretariat for the implementation of the Vienna Declaration, she
said that the Committee should react immediately and suggest
action on the areas relevant to its work.
33. Concerning the working methods of the Committee, the
Chairperson suggested introducing a new procedure for the
examination of the reports of States parties, in particular for
the formulation of final observations, following procedures
adopted by other human rights treaty bodies. She suggested that
the Committee consider entrusting an expert, or experts, to take
the lead in studying each report. The Committee might consider
preparing questions on initial reports in the same way as it had
prepared questions for second and subsequent reports.
34. With regard to reservations to the Convention, neither the
Vienna Declaration and Programme of Action nor the
recommendations of the persons chairing human rights treaty
bodies had gone further than the previous proposals for
reconsideration and withdrawal of reservations by States parties.
However, the Committee had to look into the matter seriously and
give its own opinion and suggestions on that important issue
concerning the Convention.
35. Delay in the submission by States parties of reports due
should be considered a violation of international obligations and
should not prevent the Committee from examining the situation in
a particular country and reaching final conclusions. She pointed
out the need to prepare the Committee's contribution to the
International Conference on Population and Development and to the
World Summit for Social Development. The Committee might also
wish to reflect on its input to the Fourth World Conference on
Women, in addition to the compendium already foreseen. She
emphasized the need to give effective expression to the
recommendations concerning articles 9, 15 and 16 of the
Convention, and suggested that the agreed text might be edited to
make it more accessible, concise and flexible.
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION
A. Introduction
36. At its thirteenth session, the Committee considered the
reports submitted by 13 States parties under article 18 of the
Convention: four initial reports, two combined 8/ initial and
second periodic reports, five second periodic reports, two
combined 8/ second and third periodic reports and two third
periodic reports. The Committee also considered two reports
submitted on an exceptional basis. The Committee decided, for
the first time, to prepare concluding comments on each report
considered but, owing to its tight schedule, it was not able to
prepare comments on all the reports. For the status of the
submission of reports by States parties, see annex IV to the
present report.
37. The Committee's consideration of the reports of the States
parties is summarized below, with a summary of the introductory
presentations by the representatives of the States parties, of
the observations made and the questions asked by the members of
the Committee, as well as of the replies given by the
representatives of the States parties present at the meetings.
The summary records provide more detailed information on the
reports submitted by States parties. According to rule 49 of the
rules of procedure of the Committee, when the report of a State
party is being examined, the representative of the State party
shall be present at the meeting of the Committee and shall
participate in the discussion and answer questions concerning the
report.
B. Consideration of reports
1. Initial reports*
* Including subsequent reports, if submitted, in those
cases where the initial report of the State party had not yet
been considered by the Committee.
Guatemala
38. The Committee considered the combined initial and second
periodic reports of Guatemala (CEDAW/C/GUA/1-2 and Corr.1 and
Amend.1) at its 242nd and 246th meetings, on 24 and 26 January
(see CEDAW/C/SR.242 and 246).
39. In introducing the report, the representative of the
Government said that unfortunately, owing to financial
constraints, the persons most qualified to present the report
could not come to address the meeting, but that all the
Committee's comments and recommendations would be analysed and
taken into consideration for the elaboration of future policies
and in the preparation of the subsequent report. Gender-based
studies had been undertaken and certain aspects had undergone
changes owing to the successive changes in administration and
government policy. She gave updated information concerning the
Government and demographic data. On 5 June 1993, the state of
law had been restored and, with the nomination of the new
President, democracy had been reinstated. According to the most
recent projections, women made up 49.5 per cent of the
population, of which 62 per cent lived in rural areas. She
assured the members that the new President placed special
emphasis on the protection of human rights.
General observations
40. Members welcomed the ratification of the Convention without
reservations and the well-structured, extensive and frank report
that had followed the Committee's guidelines and reflected the
Government's effort to integrate women into the life of the
nation. It was noted that all sectors of society were
represented in the preparation of the report. However, it was
felt that the report could have been more analytical and that it
lacked information on the de facto situation and on policies
carried out to enact related laws. It was suggested that the
report did not clearly indicate whether progress had been made
since the ratification of the Convention or whether the
advancement of women had encountered many obstacles. The report
was said to lack information on national programmes to implement
the policy of non-discrimination.
41. Regret was expressed that no one from the body which had
prepared the report had been able to attend the meeting. While
the report stated that women were not discriminated against in
the country, it was noted that the country was divided in terms
of class and race and that there was discrimination against
indigenous women. Experts asked whether the National Office of
Women's Affairs was taking any measures to counteract that
phenomenon. Members also drew attention to the fact that there
was no reference to the shortcomings in the Civil Code, which
contained provisions that were discriminatory to women, although
they had been objected to by non-governmental organizations.
42. The Guatemalan delegation's answers to the questions put by
the Committee were provided by a person who, according to a
member of the Permanent Mission of Guatemala to the United
Nations, represented a non-governmental organization active in
the area of family matters.
43. In replying to the observations of the Committee, the
representative of the Government emphasized the priority attached
to women's issues in the country and said that, owing to the
current austerity plan, it was difficult to send Government
representatives from the country to international meetings. The
socio-economic and political context in which the Convention was
implemented had to be taken into account in order to determine
whether national laws and their application were appropriate and
whether or not they should be considered discriminatory to women.
She said that an appeal had been made to the Constitutional Court
regarding the unconstitutionality of certain provisions contained
in the Civil Code. She read out the judgement that had been
consequently handed down, in which the Constitutional Court said
that the Constitution protected the person and the family,
guaranteed freedom, the development of the human being, liberty,
equal rights and equal opportunities and responsibilities for
women and men and stipulated the protection of motherhood. The
judgement rejected the claim of unconstitutionality and declared
fully justified the status, circumstances, functions and roles of
men and women, whose discriminatory nature gave rise to the
application. Upon ratification, an international treaty such as
the Convention automatically became part of the Constitution and
made it mandatory for the State to adopt only legal measures that
were not discriminatory towards either sex. According to that
ruling, none of the legal provisions contained in the Civil Code
was unconstitutional, and therefore contrary to the principle of
non-discrimination.
44. The members of the Committee indicated that the reading of
the judgement and the views expressed by the representative of
the Government increased their concern at the discrimination
institutionalized in law and given expression in values and
mores. In their view, it was not only a matter of a flawed
report; the existing situation, in which the fundamental human
rights of Guatemalan women were being violated, must be dealt
with more decisively, on the basis of an updated approach in
keeping with the international commitments of the Government of
Guatemala.
45. Members pointed out that no information was given in the
report about any family-planning policy or about steps taken to
upgrade the health of women and children. It was also not clear
from the report whether the machinery to implement policies to
promote the status of women had been upgraded.
46. Members noted the significant responsibilities of women in
Guatemala, including those for health, hygiene and family
nutrition, but that women were not given the same importance as
men in outside work and in politics.
47. It was observed that political violence conditioned people
to tolerate violence in general, which had an effect on attitudes
towards violence against women. Political violence had to stop
so that women could once again enjoy harmony and find their
rightful place in society. The representative explained that the
Government was currently trying to consolidate peace in order to
ensure that women could enjoy well-balanced development free from
violence.
48. Members expressed alarm at the ruling of the Constitutional
Court, especially in a country where the content of an
international treaty became part of domestic law, once the treaty
had been ratified. They said that if the country wished to
implement the Convention, it ought to amend some of its laws,
particularly the provisions regarding family law and gender
stereotypes. The presentation of the report showed that the
Government did not attach much importance to women's issues and
the replies given in the report only increased the Committee's
concerns about the discriminatory nature of the Civil Code.
There was incompatibility between the obligations undertaken by
ratifying the Convention and the actual legal situation as well
as its interpretation by the Constitutional Court. Members noted
that this situation was completely unacceptable and suggested
that the Government should seek assistance from the United
Nations in correcting its legislation and in preparing its
subsequent report.
Questions related to specific articles
Article 5
49. With reference to the traditional role of women in society,
members expressed the need for the Government to extend more
educational efforts to women. They asked which measures the
Government or non-governmental organizations had taken to promote
the implementation of article 5 not only in respect of changing
the laws, but also in respect of doing away with socio-cultural
stereotypes vis-…-vis women. The representative said that, in
the opinion of some elements of society, the role of women was
considered to be inferior to that of men, whereas in reality that
was not the case. Education programmes were currently under way
to teach men to acknowledge the participation of women in society
and to share the responsibility for educating the children.
50. Members also asked whether any specific measures had been
carried out in rural areas. When members requested more detailed
information on the issue of violence, the representative said
that education campaigns were currently being carried out to
eradicate violence against women and that the subsequent report
would contain information on the results of those campaigns and
statistical data.
Article 6
51. Considering that Guatemalan society appeared to view
prostitution with indifference and tended to blame prostitution
on the women themselves without taking into consideration the
social and economic environment, such an attitude entailed the
risk of exploitation by men. Society should consider the reasons
why women were in that situation. Members requested statistical
data related to prostitution, including information on the age
bracket and the social strata of the women involved, and asked
whether health, education and rehabilitation services had been
set up for those women.
52. The representative was convinced that those evils were
caused by lack of adequate education and said that the aim of the
Government was to find training and new working opportunities for
those women. Non-governmental organizations had elaborated
specific training programmes.
Article 7
53. Satisfaction was expressed that illiterate women were no
longer discriminated against in their voting rights. Members
requested statistical data on the number of women who
participated in elections and on the political inclinations of
women and asked whether women in rural areas were restricted in
exercising their voting rights.
Article 10
54. Members asked what measures had been taken to revise school
books or train educators with a view to eliminating
discriminatory concepts and what had been done to reduce female
illiteracy. The representative said that the concept of
complementarity and gender equality would be promoted through
education and that the subsequent report would contain detailed
information on the measures taken in that respect.
55. Members inquired whether the gender-specific schools that
had been mentioned in the report still existed both in urban and
in rural areas and whether economic factors had not led to a
coeducational school system. The representative explained that
parents had the right to choose the form of education that they
preferred for their children. There was no discrimination
involved.
56. Bearing in mind the cultural diversity of the country, with
some 23 different languages spoken, members asked whether the
educational programmes took those cultures into account.
57. Further data were requested on the gender distribution in
the various fields of study.
Article 11
58. As the country had ratified Convention 100 of the
International Labour Organization (ILO), members would welcome
assurances that its provisions were also being implemented and
requested more information on the matter.
59. While women working in the formal sector were covered by the
social security system, the majority of women worked in the
informal sector and in domestic service and lacked social
security coverage. It was suggested that relevant policies
should be modelled on those of other countries where women
working in the informal sector were incorporated into the social
security system. Regarding the law governing the supply of
child-care services for enterprises with more than 30 workers, it
was said that the number should not be limited to female workers;
otherwise, employers would not hire women so as not to have to
comply with the obligations.
60. Members required further clarification on the reasons for
the wage discrimination against women and asked whether women
were mobilizing themselves to defend their rights under the
Convention. Members also asked whether the differences in wages
between women and men were equally large in the formal and the
informal sectors, whether women working in the informal sector
were entitled to maternity leave and pensions and could join
trade unions and what programmes had been established to improve
the situation of women in the informal sector.
61. According to the report, fines for firing a woman for
becoming pregnant were so low that employers simply paid the fine
and fired the woman. It was hoped that future reports would
address that situation. Members asked whether women's work in
the informal sector was reflected in national economic statistics
and what the working conditions of women in the garment
industries were.
62. The representative said that women could organize themselves
freely. The fact that there were not many groups was a result of
cultural factors and showed the satisfaction that women felt with
their society.
Article 12
63. Members inquired about the Government's family-planning
policy and asked whether the programmes were geared only towards
rural women or also directed towards women in urban areas and
indigenous women.
64. The representative said that the family-planning policy was
given wide publicity and was open to anybody. Every small
community had family-planning services. Indigenous communities
had equal access, but they considered the practices harmful to
their traditions and habits. They also tended to object to using
contraceptives because they thought that their use was a birth
control method specifically targeted at them to exterminate their
culture and people. The representative explained that family
planning had negative effects on the population. Women had been
strongly discriminated against in that all of the preventive
methods had been directed only against them. Indigenous women
were not given information about the effects of contraceptives on
their bodies and sometimes the donation of food was linked to the
use of contraceptives. Birth control led to the breakdown of the
society and the family. It also had a negative effect on youth
and increased the number of households headed by single women.
65. The representative stated that her country was composed of
many ethnic groups and was characterized by a sense of
solidarity, family support and understanding and that,
consequently, it would be desirable if economic support for
population control were directed towards education programmes,
which would improve living standards and lead to a more balanced
growth of the population.
66. As abortion was a punishable offence, members asked what the
sentences were.
Article 14
67. Members expressed concern at the unequal distribution of
land in rural areas and inquired about the existence of any
indentured conditions under which women worked, whether rural
women had access to child and health care and whether they could
own land and have access to credit.
68. Members commented that in Guatemala sexist notions, such as
the "natural" role of women in the context of procreation, were
still being reinforced. If such sexist attitudes prevailed, they
would have adverse effects on the future of girls who would
choose only traditional feminine careers. Members inquired about
consciousness-raising campaigns that should enhance the social
and economic role of women rather than their role in the family.
The representative stated that the notions of the role of women
in the family should not be changed. A misunderstanding of
equality would not benefit any society. It was more important to
encourage the idea of the complementarity of men and women.
Article 16
69. Commenting on the minimum age for marriage, which was 14 for
girls and 16 for boys, experts said that such a provision
encouraged child marriages and should be abolished with a view to
setting the same legal age for both partners. In her reply, the
representative quoted the judgement made by the Constitutional
Court according to which civil rights were acquired with the
attainment of majority. Entrance into marriage required that the
couple had reached majority. The different age requirements for
boys and girls were based on physiological and biological factors
and on the interests of society. Consequently, the difference in
minimum age was not considered to be unconstitutional.
70. Regarding the concern expressed by members about the family
law, which was discriminatory to women as it contained a rigid
description of the roles of women and men, thus reinforcing
existing stereotypes, the representative stated that the
legislature sought to protect the family, as it was the
foundation of the State.
71. Members expressed the opinion that the legal provision
according to which the husband remained the head of the family
and a woman needed the husband's permission to take up outside
activities was contrary to the provisions of the Convention and
extended the patriarchal system. It was a source of basic
discrimination against women and, although the Constitution
provided for the right to work, the "husband's law" seemed to be
superior to the basic law. Likewise, the family law spoke only
of the obligation of women to look after the children and take
care of the household, without also mentioning the husbands.
72. In reply the representative referred to the ruling of the
Constitutional Court which said that men and women had equal
family responsibilities in protecting the children. The law that
gave the husband the right to represent his spouse in no way
harmed the wife, especially as the role of head of the family
could be assumed by the wife if the husband was unable to do so
because he had either abandoned the household or been sentenced
to imprisonment. The administration of property was carried out
by common agreement between the spouses. The representative said
that the provisions according to which the husband had to provide
assistance to the wife and the wife had the right and duty to
care for minor children were in no way discriminatory; they were
only meant to protect the wife. Neither of the two spouses could
avoid their responsibilities towards their children. Women were
not prohibited from taking on outside activities as long as such
jobs did not prevent them from taking care of their minor
children and the household and were not contrary to the purpose
of marriage and the obligations inherent in maternity.
73. When members asked whether women had taken court action to
claim their rights, whether any amendment of the law was planned
and what the reaction of women's groups to that law was, the
representative said that no claims had ever been entered to
oppose the husband as the representative of the family.
74. The representative said that it was necessary for women to
educate their sons to respect gender equality and that the
responsibility for educating the children was shared.
75. In reply to the comment by the members that the criminal
code was discriminatory as it penalized women more heavily than
men for committing adultery, the representative said that the
Government was currently trying to amend the discriminatory
provisions of the code.
Concluding comments of the Committee
Positive aspects
76. The Committee commended the Government of Guatemala for
having ratified the Convention without reservations, and they
expressed great interest in the initiatives undertaken to bring
about legal changes with a view to achieving equality of
Guatemalan men and women in the context of efforts to restore
peace.
Principal subjects of concern
77. The Committee indicated that the Government's failure to
cooperate in funding travel for the person in Guatemala
responsible for matters relating to women showed that it attached
little importance to the subject; such situations probably did
not arise in connection with Guatemala's obligations under other
human rights treaties.
78. In their comments the Committee members mostly indicated
that despite the efforts made there was a clearly discriminatory
situation in Guatemala in which extremely stereotyped social,
economic, political and cultural roles were assigned to men and
women; that situation resulted in subordination of Guatemalan
women in virtually all the areas and at all the levels covered by
the articles of the Convention. Information was requested with
respect to the application filed by the Procurator's Office in
Guatemala, on grounds of unconstitutionality, for rescission of a
number of articles of the Civil Code.
79. Almost all the members said that Guatemalan legislation,
particularly the Civil Code, must be brought into line with the
Convention, and that as a matter of priority it was necessary to
focus on the provisions of article 16; the Code contained highly
discriminatory provisions that restricted or violated the
fundamental human rights of Guatemalan women, which the State was
under an obligation to protect as a result of its accession to
the Convention and other human rights instruments safeguarding
the rights in question. The members voiced similar concerns with
regard to the Criminal Code.
80. The Committee expressed concern at the discrepancies that
existed to the detriment of women with regard to education and
employment, remuneration and involvement in economic activity;
they also expressed concern about what was being done to prevent
and punish violence against women, and about ways of dealing with
prostitution.
81. In short, the members of the Committee commented that women
did not appear to be a priority for the Government, that there
was far-reaching legal discrimination, and that there was no
information on initiatives to combat discrimination resulting
from highly stereotyped cultural patterns or on the actual
situation of women among indigenous ethnic groups. In general,
they regarded the report as inadequate in the light of the
recommendations made by the Committee in that connection. They
expressed the view that the very wording of the report was
sometimes discriminatory; that showed that the Government needed
to review and adjust its approach so as to improve the situation
of Guatemalan women.
Suggestions and recommendations
82. The Committee indicated that the following steps should be
taken to improve the presentation of future reports:
(a) Reports should give a more detailed analysis of actual
situations and provide figures and indicators; they should be
less descriptive and focus less on regulatory matters;
(b) Reports should provide an analysis of all articles of
the Convention and demonstrate what changes had taken place in
the implementation of laws and programmes;
(c) The analysis should cover rural-urban and ethnic
differences, which are a matter of great importance in Guatemala.
83. As a matter of urgency, the Government of Guatemala must
bring its initiatives into line with the Convention. It must
make a special effort to ensure that judges and other individuals
involved in the interpretation and implementation of Guatemalan
legislation, including legislators themselves, are familiar with
the Convention, which is an integral part of Guatemala's
legislation, with a view to bringing the provisions of the
Constitution concerning equality, as well as legislation,
judgements and programme initiatives, into line with the
Convention and other international instruments safeguarding the
human rights of women.
84. The Committee wished to know more about the status and
capacities of national machinery.
85. As a matter of priority, Guatemala must make the most urgent
legal changes so as to guarantee equality, particularly with
regard to article 16 of the Convention.
86. The Committee therefore requested the Government of
Guatemala urgently to take all necessary measures and adopt
policies to improve the situation of women in Guatemala in
compliance with the Convention and to report on those measures in
its subsequent report.
87. It was suggested that the Guatemalan Government could
request technical support for the preparation of its next report.
Guyana
88. The Committee considered the initial report of Guyana
(CEDAW/C/5/Add.63) at its 235th and 239th meetings, on 18 and 20
January (see CEDAW/C/SR.235 and 239).
89. In introducing the report, the representative of Guyana
emphasized that the global economic crisis of the 1980s and the
concomitant recession had hit her country hard as it was one of
the most vulnerable. Forty per cent of the population in the
countries of Latin America and the Caribbean were living under
conditions of poverty, unable to satisfy basic needs. Owing to
their vulnerable position in society, women were more harshly
affected by the socio-economic crisis. The fact that poverty
affected women more than men was a common phenomenon in the
region.
90. As a result of the economic problems, commencing with the
oil crisis in the 1970s, the "cooperative socialism" that had
been the official policy of the country had undergone a critical
period, which had led to a continuous breakdown of the basic
infrastructure. Growing unemployment and low wages had led to
increased internal migration and emigration of men.
Female-headed households had increased from 24.4 per cent in 1980
to 29.5 per cent in 1992. The percentage of permanent female
emigrants had also increased in the last years, resulting in a
higher number of male-headed single-parent households. The
influx of women into the labour force had brought with it the
most profound changes in the labour market.
91. Guyana had been rated as one of the poorest countries in the
Western hemisphere. The widespread impoverishment of the
majority of Guyanese had brought with it a continuous decline in
per capita production and real wages while prices of basic
commodities were rising; a severe reduction in the quality of the
educational system; hunger, malnutrition, homelessness and an
increasing number of street children; inadequate housing and a
decline in the public health services. As a result of such
neglect of the development of human resources, the last few years
had witnessed a drastic decrease in life expectancy and a rise in
infant mortality.
92. Structural adjustment programmes, introduced in response to
the economic problems, had brought about new forms of stress,
which added to the crisis created by prior mismanagement. Severe
shortages in the basic food supply had had an impact on women who
were forced to queue for long hours to purchase basic
commodities. Cuts in public expenditure had brought about a
decline in social services, particularly health and education, as
well as in infrastructure, including transportation, water supply
and electricity. Women, as primary household managers and income
earners, were particularly affected.
General observations
93. Members of the Committee welcomed the very candid report,
which had been presented with frankness by a high-level political
representative. They recalled that Guyana had demonstrated a
long commitment to the Convention and was among the first Member
States to sign and ratify the Convention without reservation. It
had also been the first country of the region to present a
candidate for membership of the Committee.
94. Members of the Committee welcomed the political will to
implement the Convention, but were aware of the cultural, social
and economic constraints to its implementation. Asked whether
all the provisions of the Convention were fully implemented in
the legislation of the country, the representative explained that
certain articles of the Convention were dealt with in statutes,
which were enforceable in the courts. There was no tardiness on
the part of the Government in reducing discrimination against
women, since the 1980 Constitution already contained provisions
with respect to equality for women. In 1983 the Children Born
out of Wedlock Act was adopted, which removed any discrimination
against children born out of wedlock. In 1990, the Equal Rights
Act was adopted by Parliament, giving women the right to seek
redress for discriminatory practices on the basis of sex. The
implementation of the Convention had improved the status of women
generally, raised consciousness about the issue in women's
organizations and in male-dominated institutions, and focused
attention on the remaining obstacles.
95. Members were interested to learn whether the Convention
could be invoked in the event of the violation of women's rights,
and what was the relationship between national legislation and
the Convention. The representative replied that under the law
women in Guyana were given a significant degree of protection.
Women's access to the courts was afforded by way of the
constitutional and municipal law provisions.
96. Concerning a question about the time-frame of the programme
for the advancement of women, the representative replied that a
national policy statement on women existed, but that several
ongoing programmes for the integration of women in development
could not be fully implemented because of economic constraints.
97. Members noted that the report emphasized elimination of de
jure discrimination, but that more information was needed on the
de facto situation of women. In particular, more statistical
data should be provided. They invited the Government, when
preparing subsequent reports, to refer to existing norms and
facts and to interpret changes that had taken place. That would
avoid any contradictions that might appear in the present report.
The representative said that her Government was fully aware of
the deficiencies in the collection of data and statistics and was
searching for assistance from international agencies to remedy
the situation.
98. Asked whether non-governmental organizations had been
consulted when preparing the report, the representative stressed
that the Women's Affairs Bureau, as the national machinery, was
in direct liaison with women's non-governmental organizations,
and had been largely responsible for the preparation of the
report.
99. Members of the Committee welcomed the clear description of
the negative impact of structural adjustment programmes on women,
which illustrated how political and economic change would affect
women negatively, if human resource development was not
considered. Members asked for further information on actions
taken by the Government to mitigate the negative impact of such
programmes on women and children. The representative mentioned
that, under the Social Impact Amelioration Programme, periodic
payments were made to elderly women and pregnant and lactating
mothers, for a limited period of time, to cushion the effects of
the withdrawal of government subsidies of basic goods. Guyana
received assistance from a number of United Nations programmes
and specialized agencies and other donors. Seventeen health-care
projects had been carried out. However, significant delays in
the implementation of projects were experienced, and the
Government's capacity to absorb further badly needed assistance
was limited by its inability to provide administrative and
financial counterparts.
100. Members praised the active role women in Guyana had played
in the struggle for independence, which should guarantee them the
right to enjoy fundamental rights without conditions. Asked why
the basic rights in the Constitution were linked not only to
respect for the rights and freedoms of others, but also to
respect for the public interest, the representative said that
this did not lead to abuse and injustice since the courts, as
guardians of the rights of individuals under the Constitution,
could be approached by any aggrieved party seeking redress.
Questions related to specific articles
Article 2
101. Given the existence of different ethnic and indigenous
groups in Guyana, members wanted to know if they had preserved
their cultural roots, because culture could be used as a unifying
force in development. More information was required on
traditional customs and religious traditions, and the way they
affected women and undermined the provisions of the Convention.
The representative replied that the largest ethnic communities
were the East Indians (49.5 per cent) and the Africans (35.6 per
cent); the indigenous population of Amerindians made up 6.8
per cent of the population. As a result of the divide-and-rule
practice of colonialism, the two major racial groups were divided
in the late 1950s and again in the 1960s. Amerindians had
originally had their own culture, but the process of
socialization had altered some sections of the indigenous people,
who had become involved in national life in the field of
education, health and training. Under the Constitution, all
citizens had the right to practise their customs and religion.
Some religious norms were used to keep women down, not giving
them the right to chose their husbands and not allowing them into
male-dominated religious positions. However, the fundamental
problem of male domination over women was inherent to all racial
groups.
Article 3
102. Members of the Committee appreciated the appointment of a
minister for the advancement of women and requested further
information on the mandate of the Minister, the limits imposed on
her work and the existence of focal points in the various other
ministries. The representative replied that the Ministry of
Labour, Human Services, Social Security and Housing had a Senior
Minister in charge of Labour and Housing and a Junior Minister
responsible for Human Services and Social Security, which
included women's affairs as one of 11 areas of responsibility.
No limits were imposed on the work of the Minister. With regard
to the national machinery for the advancement of women, the
Minister was collaborating on a weekly basis with the
administrators of the Women's Affairs Bureau.
Article 4
103. It was asked which temporary measures had been taken to
accelerate de facto equality between men and women. Members also
inquired about existing programmes to increase the number of
women in decision-making positions at all levels.
104. The representative replied that the Women's Affairs Bureau
was engaged in project monitoring and the implementation of
projects directly targeting women, in particular in the
acquisition of skills and education, training in small business
management and health.
Article 5
105. Assuming a high incidence of violence against women as in
any society, members asked for information on the extent of
violence in all its forms, the measures taken by the Government
to eliminate violence, police intervention and court procedures.
The representative replied that violence occurred at all levels
of society and that about 48 per cent of women had been
physically assaulted in 1993. Only recently had women started to
report assaults committed against them by their spouses or
common-law partners. While arresting the perpetrators, male
police very often displayed reluctance to institute charges and
considered the assaults a purely domestic matter. Women's
organizations had therefore called for female investigators.
Refuges and shelters for abused women, as well as a hotline, had
been established. A draft Domestic Violence Bill was to be
placed before Parliament, following the format of similar bills
in other Caribbean countries. The Government and non-
governmental organizations were planning an education programme
to sensitize young people about other forms of conflict
resolution, self-esteem and respect for females.
Article 6
106. Members sought more information on prostitution and related
activities and wanted to know whether laws and specific
programmes had had an impact on reducing the number of
prostitutes. The representative stated that the law penalized
any male person for knowingly living, wholly or partly, on the
earnings of prostitution or soliciting for an immoral purpose.
To prevent the increase of prostitution linked to the urban
migration of young women, efforts were being made to raise the
living standards in rural areas and to encourage young women
there to undertake income-generating activities.
Article 7
107. Noting that the report gave figures on the percentage of
women in certain high-level positions, members asked further
information on the number of women in middle-level management
positions, and on women's participation in non-governmental
organizations, political parties and labour unions. The
representative replied that women constituted a small but growing
pool of middle- and lower-level managers and that their
participation had risen from 14.9 per cent in 1985 to 25.4
per cent in 1993. However, women's representation at the
executive level had decreased sharply, from 25.5 per cent to
12.4 per cent, during the same period. Only in the low-paying
service sector and the teaching professions did women play a
significant role in decision-making. Women were active in the
trade unions, in both the private and the public sector, holding
a few high positions in management and the executive branches.
Exclusively female trade union organizations did not exist.
108. She stated that women were a clear minority at the higher
echelons of public and political life and were grossly
underrepresented in top positions. Female participation in the
parliamentary assembly had increased significantly, from 14
per cent in 1980 to 22 per cent in 1985, but decreased to 15.7
per cent in 1993 with the change of Government. The imbalance in
male-female representation in Parliament was also reflected in
the Government, where only two women had been appointed, one as
Health Minister and the other as Minister for Labour, Human
Services, Social Security and Housing. However, in other
decision-making positions in the Government, the situation had
improved with an increase in the number of permanent secretaries
and other high-level positions, from 21.4 per cent in 1987 to
33.3 per cent in 1993. At the regional level, the percentage of
female mayors had declined from 40 per cent in 1980 to 20
per cent in 1986 and 16.7 per cent in 1993.
109. With regard to women's participation in political parties,
she recalled women's historical involvement in political life,
especially in the work of parties and during elections. The
major problem was that only a few women could attain leadership
roles in their parties owing to male competition, lack of
assertiveness and their additional burden of child-rearing.
Article 8
110. Members acknowledged the frankness of the part of the
report
under discussion, but asked for additional explanation about the
obstacles that prevented women from participating in
decision-making and whether there was actual equality of
opportunity for women in access to power in public life. The
representative replied that the stereotypical attitudes of women
and men inhibited women's access to decision-making positions.
As more women entered professional life, it was to be hoped that
that trend would change.
Article 10
111. Asked for further data on school drop-out rates for girls,
the representative stated that only 18.9 per cent of women
dropped out at the tertiary level, compared to 81.2 per cent for
men. No data were available for drop-out rates at the primary
and secondary levels but they would be supplied in the next
report. Drop-outs were given a second chance to pursue higher
studies. In response to the question whether the programmes
mentioned in the report were aimed at stereotypical vocational
skills, she stated that programmes were open to both sexes, but
the women opted for traditionally female-oriented programmes of
study.
Article 11
112. More information was sought on equal access to training,
job
segregation, women's employment in health, education and the
industrial sector and their contribution to agriculture.
113. The representative said that women had equal access to
education and training. Training was an integral part of women's
involvement in work. The gender-specific division of labour was
linked to the traditional definition of women's economic roles,
the majority of women being employed in the clerical, sales and
service sectors. A low percentage of women found employment in
the agricultural sector, where women's involvement in household
subsistence farming and poultry rearing for additional family
income was not taken into account.
114. A high proportion of economically inactive females was
involved in domestic duties, but the figure had declined owing to
the changing role of women, who needed to supplement family
income.
115. Members wished to know if women had equal opportunity with
men in obtaining full-time jobs. The representative noted that
although women had equal opportunity with men, they were burdened
by child-rearing activities traditionally considered a female
responsibility. The lack of child-care facilities affected
women's participation in the labour force negatively, in
particular if they could not rely on grandparents or elderly
relatives. The Government and non-governmental organizations
were providing some day care for children.
116. In reply to the question about equal remuneration for men
and women, the representative quoted the 1990 Equal Rights Act,
which provided, inter alia, that women and men should be paid
equal remuneration for the same work or work of the same nature.
Although in general women were paid the same as men, in some
private sector organizations women with similar qualifications
and performing the same tasks were still paid less.
Article 12
117. Members required further information on programmes to
combat
the AIDS/HIV pandemic and on existing facilities for infected
women. The representative stressed that the increase in HIV
infection among women far exceeded that of men, although fewer
women carried the virus than men. The Government had launched
education programmes to combat the spread of AIDS among young
people, encouraging the use and acceptance of condoms.
Discussions on removing taboos associated with sexual behaviour
had taken place. She also reported on efforts being made to end
the stigmatization of AIDS victims.
\199 Referring to the severe problem of anaemia, a very
incapacitating illness for women, members wanted to know if
female malnutrition resulted from the traditional diet, lack of
variety of foods or poverty. Given the decrease in life
expectancy, members asked for the common causes of female
mortality. The representative stated that high-risk pregnancies,
lack of trained medical attendants, malnutrition and abortion
were some of the contributing factors. A 50 per cent decrease in
government spending on health services had had an impact on the
86 per cent of the population considered to be living under the
poverty line, and on women in particular.
119. Concerning family planning, members requested information
on
the existence of a national family planning programme, on access
to special maternity services and on the availability, use and
general acceptance of contraceptives. The representative
informed the Committee that family planning advice and
counselling was conducted at 166 clinics across the country and
included the provision of various forms of contraceptives,
prenatal and postnatal services, immunizations, pap smears,
pregnancy tests, infertility and fertility counselling and
treatment. Women, in general, accepted family planning very
well. A responsible parenthood organization was conducting
educational programmes for young people. The representative also
said there was no government policy on family planning owing to
the demographic trends of high mortality and emigration in
Guyana.
120. On the incidence of abortion, the representative stated
that
the number of illegal abortions was high as abortion was often
used as a form of contraception by women having no access to
other family planning methods. The highest number of abortions
occurred in the 24-29-year age group and among East Indian women,
followed by Black women. There was an ongoing debate on the
decriminalization of abortion as proposed in a bill tabled in
Parliament.
Article 14
121. Members of the Committee welcomed the policy of
decentralization and wished to obtain further information on the
involvement of women at the district level. The representative
replied that women were generally involved in all sectors of
rural life. After the 1992 elections, there had been a
resurgence of community development groups, in which women played
an important role.
Article 16
122. With regard to reform of the family law, members expressed
the opinion that a more comprehensive approach should be
preferred to a segmented process of amendment. Harmonization
with the rest of the Caribbean countries should be given special
attention. The representative agreed and added that the
establishment of a family court had been called for by women's
organizations over the past decade. She also informed the
Committee about the Married Persons Property Amendment Act and
the Family Dependants Provision Act adopted in 1990, which
changed the laws relating to the division of the property of
spouses upon the dissolution of marriage or the break-up of a
common-law relationship. In reply to a question on the equal
division of marital property in case of divorce, she stated that
the Married Persons Property Amendment Act made provisions for
the services of the wife in the home to be quantified in
assessing her contribution to the acquisition of marital
property.
123. More information on female-headed households was asked for,
in particular on the incidence in different ethnic groups, on
their cultural acceptance and government programmes for providing
assistance. The representative regretted that no data on female-
headed households were available, but promised that the second
periodic report would supply that information. Although the
incidence of female-headed families was widespread, it was
highest among the Afro-Guyanese population.
124. Specific information was sought on the Equal Rights Act
that
enabled courts to define discrimination and on any instances when
the law had been applied. The representative informed the
Committee that the Act did not define discrimination and had
never been considered in the courts owing to its relatively
recent passage. No cases alleging discrimination had been
brought up so far.
125. The Committee deferred its concluding comments on the
report
of Guyana until its fourteenth session.
Libyan Arab Jamahiriya
126. The Committee considered the initial report of the Libyan
Arab Jamahiriya (CEDAW/C/LIB/1 and Add.1) at its 237th and 240th
meetings, on 19 and 21 January (see CEDAW/C/SR.237 and 240).
127. In introducing the report, the representative of the
Government of the Libyan Arab Jamahiriya apologized for the fact
that the Assistant Secretary of the General People's Congress,
who was a woman, was not able to attend and personally have a
dialogue with the members of the Committee. He gave an overview
of the structure of the report and highlighted its main points.
He said that in his country there were no laws that were in any
way discriminatory against women. Libyan legislation contained
the principle of equality of women and men. The Shariah equally
emphasized the importance of women in society.
128. He mentioned the modified school curricula that ensured the
elimination of stereotypes and said that women received the same
education as men and were encouraged to enter any kind of
occupation. Prostitution was prohibited and there were no
obstacles to the participation of women in political and public
life. Women had the same rights as men to participate in
professional associations, and the General Union of Women's
Associations had been created for the promotion of women. The
percentage of women in education was increasing and women were
sometimes provided with better facilities than men. Maternity
had no effect on seniority, social allowances and the job
situation. However, women had not yet reached the same positions
as men at high levels.
129. Women were considered as the cornerstone of the society.
They were equal to men before the law, they had equal rights with
regard to the custody of their children and they were the
partners of men in civil, cultural and social life. Women could
write their own wills, independent of men, and had the right to
choose their husbands. Women had made big strides in the last 25
years, considering the conditions they had previously experienced
in that region and, as they had penetrated all spheres of life,
the country had laid a firm basis for equality.
General observations
130. Members of the Committee commended the accession of the
Libyan Arab Jamahiriya to the Convention. While thanking the
representative for having appeared before the Committee, they
indicated concern that Libyan women could not be present
themselves to talk about their experiences. General and serious
concern was expressed about the reservation that had been entered
at the time of accession and about the fact that the reservation
was not at all touched upon in the report. Members asked whether
the Government had not taken into consideration the objections
that had been raised by many countries with a view to
reconsidering the issue. Bearing in mind that the Shariah had
given equality to women, as mentioned in the report, it did not
seem clear why the reservation was still maintained, particularly
as it constrained the Government's ability to comply with article
2 of the Convention. Members felt that the interpretation of the
Koran had to be reviewed in the light of the provisions of the
Convention and in the light of the current social environment.
It was not possible to speak of equal rights of women and yet to
maintain gender differentiation and sexual stereotypes, such as
insisting on the role of women as housekeepers.
131. In replying to the concerns of the members, the
representative of the State party explained that the Islamic
religion was designed to emancipate men and women from all forms
of slavery by prohibiting injustice, making the promotion of
women a precondition for the road to paradise and calling for
equality among all human beings. Any gender difference, if
considered objectively, did not constitute discrimination based
on sex. Reservations were entered by Islamic countries in order
to avoid embarrassment in view of the literal meaning of legal
texts. He assured the Committee that its concerns would be
conveyed to the competent authorities.
132. In additional comments, members observed that they were
still unclear about the reasons for the country's maintenance of
its reservation to the Convention. They said that the
reservation was very much related to the question of
interpretation of the Shariah. They felt that the Shariah was
very supportive of women's equality, rights and dignity.
However, it had come into force 1,500 years ago and was not
immutable. The Shariah itself gave equality to women, but the
problem that had to be overcome was that of interpretation.
Religions should evolve over time, but the evolution or the
ijtihad, the interpretation of the Shariah, had come to a
standstill three centuries ago. The thinking about some
religious roles had not evolved from that time and it was not
proper to apply a standard that had applied several centuries ago
to the present world. In some countries the Shariah had been
interpreted in a more progressive way, as a result of the
political will of the Government. The Koran permitted the
ijtihad for the interpretation of the Islamic religion.
Therefore, efforts should be made to proceed to an interpretation
of the Shariah that was permissible and did not block the
advancement of women. The Government was urged to take a leading
role in its interpretation of the Shariah as a model for other
Islamic countries. Reservations that were incompatible with the
goals of the Convention were not acceptable.
133. Although members commended the Government for the timely
submission of its report, they criticized the fact that certain
articles of the Convention had not been dealt with separately and
lacked detailed information, that the report appeared to be more
theoretical and did not contain information on the de facto
situation of women and that it contained technical errors and
contradictions. One of those errors pertained to table 2 and was
explained by the representative as a typographical error in the
translated version (it should read 1984 and not 1974). Members
of the Committee pointed out the scarcity of statistical data, in
particular regarding the issues of violence against women,
migrant women, women migrating to urban areas and the drop-out
rate for female school attendants.
134. While the law relating to disabled persons was praised,
further comments on its legal provisions were requested. It was
asked which new laws had been adopted since the country's
accession to the Convention and which laws gave priority to
women.
135. Members said that the implementation of an
anti-discrimination policy required that policies be coherent
even though they touched upon religious and ideological issues.
True gender equality did not allow for varying interpretations of
obligations under international legal norms depending on internal
religious rules, traditions and customs. Clarification was
requested for the concept of "women's natural tasks", as referred
to in the report.
136. With regard to the request for further information on the
Great Green Document on Human Rights (A/44/331, annex), the
representative referred to paragraph 21 thereof, which called for
equality between women and men.
137. Members noted with satisfaction the many positive
developments on the road to achieving equality between women and
men, such as the admission of women into the judiciary, the entry
of women into the armed forces, the creation of a centre for
women's studies, the fixing of the same minimum age at marriage
for women and men, the amendment of school books, the placement
of restrictions on polygamy, the publicity given to the
Convention in the media, the setting up of a department of
women's affairs and the support given to women's non-governmental
organizations. However, the image of women in the media needed
to be changed.
138. The representative explained that the main tasks of the
Assistant Secretary of the General People's Congress were the
collection of data and documentation and the evaluation and
analysis of issues relating to women; the elaboration of plans to
integrate women into all social, cultural, economic and political
spheres of life; the removal of existing obstacles; the
coordination and dissemination of information regarding the
achievements of women and the promotion of women's access to
international and national political forums. Additional
coordination offices had been established to assist in raising
the awareness and consciousness of women.
139. Members of the Committee sympathized with women and men in
the country because of their sufferings as a result of Security
Council resolution 748 (1992) concerning the aerial embargo, and
said that such sanctions always had a strong impact on the status
of women and children.
Questions related to specific articles
Article 2
140. The representative said that the principle of gender
equality was clearly spelled out in the Constitution and in the
Great Green Document on Human Rights. Libyan legislation
protected the rights of all citizens, regardless of gender,
particularly in the fields of education, health, and social,
cultural, professional and political life, and set out
corresponding measures to guarantee those rights.
141. Replying to questions related to what kind of recourse
action was available to women who had been discriminated against,
he stated that the Supreme Court had stressed the principle of
equality as a fundamental human right and that all citizens had
the right to resort to the courts in the event of any violation
of that fundamental right. He pointed out that any laws that
discriminated against women had been abolished and that penal law
did not contain any discriminatory provisions.
Article 3
142. The representative explained that the Government had
adopted
many executive and administrative measures to safeguard women's
exercise of their rights and freedoms in the same way as for men.
Women enjoyed their natural rights in professional associations
and syndicates and could assume their natural roles in society.
Article 4
143. Members felt that the Government had taken some special
measures although they were not reflected as such in the report.
Members were doubtful whether the meaning of article 4 had been
properly understood. They expressed the hope that the subsequent
report would take those observations into consideration. Members
asked how the new Department of Women's Affairs in the
secretariat of the General People's Congress cooperated with
non-governmental organizations and whether the department was
considering taking temporary special measures.
144. Replying to those questions, the representative said that
special measures had been taken at the executive level in giving
women the right to take posts in the judiciary, to participate in
female basic people's congresses and other conferences and in
creating a military academy for girls.
Article 5
145. Although members commended the prohibition of violence
against women, they asked what measures were established for
preventing such violence and for protecting the victims, and
whether women were allowed to leave their husbands in the event
of violent acts. The representative stated that, according to
the law, violence against women within marriage was prohibited.
In cases of acts of marital violence, women could seek separation
in court and unmarried women who became victims of violence could
also resort to the courts. No statistical data were available,
but violence against women did not constitute a dangerous
phenomenon in the country.
146. Regarding questions concerning female circumcision, the
representative stated that the practice of female circumcision
did not exist in the country.
147. Referring to traditional attitudes, members queried the
concept of stereotypes in the country. Although the report
stated that stereotypes had been eliminated in textbooks, it
suggested that the concept was maintained with regard to women's
roles in society. When asked which customs jeopardized the
advancement of women and what measures had been taken to remove
such negative traditional attitudes, the representative said that
women's concerns were taken into consideration in all development
plans, such as in the development of school curricula favourable
to women. Women's efforts to acquire knowledge and enter into
judicial and diplomatic posts, as well as to pursue trades,
undertake vocational training and travel outside the country were
manifestations of changes in the attitudes of Libyan society.
Article 6
148. With reference to the general recommendations of the
Committee regarding the issues of violence against women,
HIV/AIDS and the Declaration on the Elimination of Violence
against Women, members requested more detailed information on the
implementation of their provisions.
149