| United Nations | A/50/38 |
General Assembly
Distr. GENERAL
31 May 1995
ORIGINAL:
ENGLISH/FRENCH/
SPANISH
Fiftieth session
REPORT OF THE COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN*
Fourteenth session
________________________
* The present document is a mimeographed version of the report of the
Committee on the Elimination of Discrimination against Women on its twelfth
session. The report will be issued subsequently as Official Records of the
General Assembly, Fiftieth Session, Supplement No. 38 (A/50/38).
95-16044 (E) 100795/...
*9516044*
CONTENTS
Chapter Paragraphs Page
LETTER OF TRANSMITTAL ..................................................6
I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES ...............7
A. General recommendation 22 (fourteenth session) ...............7
B. Suggestions ..................................................8
Suggestion 7 .................................................8
Suggestion 8 .................................................11
C. Decisions ....................................................12
Decision 14/I ................................................12
Decision 14/II ...............................................13
Decision 14/III ..............................................14
D. Other matters .................................... 1 - 515
Adequate meeting time to consider reports of
States parties ................................... 1 - 515
II. ORGANIZATIONAL AND OTHER MATTERS .....................6 -3317
A. States parties to the Convention ................. 6 - 717
B. Opening of the session ........................... 8 - 1717
C. Membership and attendance ........................ 18 - 2018
D. Solemn declaration ............................... 2119
E. Election of officers ............................. 2219
F. Adoption of the agenda and organization of work .. 2319
G. Report of the pre-session working group .......... 24 - 2720
H. Composition and organization of work of the
working groups ................................... 28 - 3320
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE THIRTEENTH AND FOURTEENTH SESSIONS OF THE
COMMITTEE ............................................34 - 3923
CONTENTS (continued)
Chapter Paragraphs Page
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION ...................40 - 63725
A. Introduction ..................................... 40 - 4125
B. Consideration of reports ......................... 42 - 59125
1. Initial reports ..............................42 - 15925
Bolivia ......................................42 - 10425
Chile ........................................105 - 15935
2. Initial and second periodic reports ..........160 - 34444
Mauritius ....................................160 - 21744
Tunisia ......................................218 - 27752
Uganda .......................................278 - 34461
3. Second periodic reports ......................345 - 45171
Finland ......................................346 - 39771
Peru .........................................398 - 45179
4. Third and fourth periodic reports ............452 - 55289
Norway .......................................452 - 49589
Russian Federation ...........................496 - 55299
5. Reports submitted on an exceptional basis ....553 - 591110
Croatia ......................................556 - 591110
C. Concluding comments on reports considered at the
thirteenth session ............................... 592 - 637116
Australia ........................................ 593 - 601116
Colombia ......................................... 602 - 615117
Guyana ........................................... 616 - 626119
Japan ............................................ 626 - 636120
CONTENTS (continued)
Chapter Paragraphs Page
V. WAYS AND MEANS OF EXPEDITING THE WORK OF THE
COMMITTEE ...........................................637 -664123
A. Action taken by the Committee on the report of
Working Group I .................................639 - 657123
B. Plan of activities of the Centre for Human Rights
of the United Nations Secretariat ............... 658129
C. Presentation of the Special Rapporteur on
Violence against Women ..........................659 - 661129
D. Presentation of the Gender Statistics Unit of the
Statistical Division of the Secretariat ......... 662130
E. Presentation of the Harrison Program on the
Future Global Agenda and the American Association
for the Advancement of Science ..................663 - 664130
VI. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ......665 -671131
A. Action taken by the Committee on the report of
Working Group II ................................ 667131
B. Elements for an optional protocol to the
Convention ...................................... 668131
C. General recommendations on articles 7 and 8;
general recommendation on article 2 ............. 669131
D. Document prepared by the United Nations
Educational, Scientific and Cultural Organization
on the Committee on the Elimination of
Discrimination against Women ....................670 - 671131
VII. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL
CONFERENCES .........................................672 -679135
A. Fourth World Conference on Women ................672 - 675135
B. The Committee's input to the World Summit for
Social Development .............................. 676136
C. Follow-up to the International Conference on
Population and Development ......................677 - 679136
VIII. PROVISIONAL AGENDA FOR THE FIFTEENTH SESSION OF THE
COMMITTEE ...........................................680 -681137
IX. ADOPTION OF THE REPORT .............................. 682138
CONTENTS (continued)
Page
Annexes
I. States parties to the Convention on the Elimination of All Forms
of Discrimination against Women as at 3 February 1995 ............139
II. Membership of the Committee on the Elimination of Discrimination
against Women ....................................................143
III. Documents before the Committee at its fourteenth session .........144
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
3 February 1995 ..................................................146
A. Initial reports ..............................................146
B. Second periodic reports ......................................152
C. Third periodic reports .......................................157
D. Fourth periodic reports ......................................160
E. Reports submitted on an exceptional basis ....................160
LETTER OF TRANSMITTAL
3 February 1995
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
fourteenth session from 16 January to 3 February 1995 at United Nations
Headquarters. It adopted the report on the session at its 284th meeting,
on 3 February. The report is herewith submitted to you for transmission to
the General Assembly at its fiftieth 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 22 (fourteenth session)
Amending article 20 of the Convention
The Committee on the Elimination of Discrimination against Women,
Noting that the States parties to the Convention on the Elimination of
All Forms of Discrimination against Women, at the request of the General
Assembly, will meet during 1995 to consider amending article 20 of the
Convention,
Recalling its previous decision, taken at its tenth session, to ensure
effectiveness in its work and prevent the building up of an undesirable
backlog in the consideration of reports of States parties,
Recalling that the Convention is one of the international human rights
instruments that has been ratified by the largest number of States parties,
Considering that the articles of the Convention address the fundamental
human rights of women in all aspects of their daily lives and in all areas
of society and the State,
Concerned about the workload of the Committee as a result of the growing
number of ratifications, in addition to the backlog of reports pending
consideration, as reflected in annex I,
Concerned also about the long lapse of time between the submission of
reports of States parties and their consideration, resulting in the need
for States to provide additional information for updating their reports,
Bearing in mind that the Committee on the Elimination of Discrimination
against Women is the only human rights treaty body whose meeting time is
limited by its Convention, and that it has the shortest duration of meeting
time of all the human rights treaty bodies, as reflected in annex II,
Noting that the limitation on the duration of sessions, as contained in
the Convention, has become a serious obstacle to the effective performance
by the Committee of its functions under the Convention,
1. Recommends that the States parties favourably consider amending
article 20 of the Convention in respect of the meeting time of the
Committee, so as to allow it to meet annually for such duration as is
necessary for the effective performance of its functions under the
Convention, with no specific restriction except for that which the General
Assembly shall decide;
2. Recommends also that the General Assembly, pending the completion of
an amendment process, authorize the Committee to meet exceptionally in 1996
for two sessions, each of three weeks' duration and each being preceded by
pre-session working groups;
3. Recommends further that the meeting of States parties receive an oral
report from the chairperson of the Committee on the difficulties faced by
the Committee in performing its functions;
4. Recommends that the Secretary-General make available to the States
parties at their meeting all relevant information on the workload of the
Committee and comparative information in respect of the other human rights
treaty bodies.
B. Suggestions
Suggestion 7. Elements for an optional protocol to the Convention
Background
1. The Vienna Declaration and Programme of Action, adopted by consensus by
States Members of the United Nations at the 1993 World Conference on Human
Rights, stresses the need for women to make effective use of existing
procedures under international human rights instruments. It also
emphasizes the need for the adoption of new procedures and, in particular,
a petition procedure for the Convention on the Elimination of All Forms of
Discrimination against Women. It states that 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".
2. The question of the preparation of a protocol to the Convention was
discussed by the Committee at its thirteenth session in 1994. In its
suggestion 5, the Committee asked the Commission on the Status of Women to
request that an expert group meeting be convened during 1994, "composed of
5 to 10 independent experts with a knowledge of the different forms of
civilization and of the principal legal systems". The expert group was
asked to prepare a draft optional protocol to the Convention and the report
of that meeting was to be presented to the Committee for its comments and
to the Commission for action. The Committee also designated one of its
members to prepare a paper on the subject for its 1995 session.
3. The Committee regrets that, at the thirty-eighth session in 1994, the
Commission on the Status of Women did not convene an expert group meeting.
The Commission decided however that, at its thirty-ninth session in 1995,
in cooperation with the Committee, it would examine the feasibility of
introducing the right of petition through the preparation of an optional
protocol to the Convention, taking into account the results of any
governmental expert group meeting on the question that might have been
convened. The decision of the Commission on the Status of Women was echoed
by the Economic and Social Council in its resolution 1994/7.
4. Bearing in mind the decision of the Commission on the Status of Women,
and in order to expedite matters, the Maastricht Centre for Human Rights at
the University of Limberg, in conjunction with the International Human
Rights Law Group, with the financial assistance of the Governments of the
Netherlands and Australia, convened an expert group meeting during 1994.
Participants were drawn from different regions and from different legal
systems, had a knowledge of international law and experience of the other
human rights treaty bodies and included three members of the Committee.
The draft optional protocol prepared by the expert group drew on existing
international and regional procedures. The draft, together with other
relevant documents, served as the basis for discussion by the Committee at
its fourteenth session. As a result of those discussions, the overwhelming
majority of the members of the Committee suggested that the following ideas
be submitted to the Commission on the Status of Women for consideration.
One member of the Committee expressed her reservation with regard to
paragraphs 8 and 12 to 26.
Elements of an optional protocol
5. States parties to the Convention should have the option to ratify or
accede to the optional protocol. "State party" in this section means one
that has ratified or acceded to the optional protocol.
6. Two procedures should be envisaged: a communications procedure and an
inquiry procedure.
7. Communications may be submitted by an individual, group or
organization suffering detriment from a violation of rights in the
Convention or claiming to be directly affected by the failure of a State
party to comply with its obligations under the Convention or by a person or
group having a sufficient interest in the matter.
8. Communications would be in writing and confidential.
9. The admissibility of a communication would be subject to the following:
(a) The communication would be inadmissible if a State party to the
Convention had not ratified or acceded to the optional protocol;
(b) It should not be anonymous;
(c) It should disclose an alleged violation of rights or an alleged
failure of a State party to give effect to obligations under the
Convention;
(d) It should relate to acts or omissions that occurred after the State
party ratified or acceded to the Convention, unless the violation or
failure to give effect to those obligations or the impact continued after
the protocol took effect for that State party;
(e) It should not be an abuse of the right to submit a communication;
(f) A communication would be declared inadmissible by the Committee if
all domestic remedies had not been exhausted, unless the Committee
considered that requirement unreasonable. If the same matter was being
examined under another international procedure, the Committee would declare
the communication inadmissible unless it considered that procedure
unreasonably prolonged;
(g) The communication would be inadmissible if the author, within a
reasonable period, failed to provide adequate substantiating information.
10. Pending examination of a communication, the Committee should have the
right to request that the status quo be preserved, and a State party should
give an undertaking to that effect, in order to avoid irreparable harm.
Such a request should be accompanied by information confirming that no
inference could be drawn that the Committee had determined the merits of
the communication.
11. While the State party would be informed confidentially of the nature
of the communication, the author's identity would not be revealed without
that person's consent. The State party would, within a specified period,
provide replies or information about any remedy. While the process of
examination continued, the Committee would work in cooperation with the
parties to facilitate a settlement which, if reached, would be contained in
a confidential report of the Committee.
12. The Committee would examine communications in the light of all
information provided by the State party, or by the author or received from
other relevant sources. All such information would be transmitted to the
parties for comment. The Committee would set its procedures, hold closed
meetings when examining communications and, as a whole Committee, adopt and
transmit views and any recommendations to the parties. While examining a
communication, the Committee might, with the agreement of the State party
concerned, visit its territory.
13. When the whole Committee considered that the communication had been
justified, it might recommend remedial measures or measures designed to
give effect to obligations under the Convention. The State party would
remedy violations and implement recommendations. It would also ensure that
an appropriate remedy (which might include adequate reparation) was
provided. It would also provide the Committee within a set period with
details of the remedial measures taken.
14. The Committee should have the power to initiate and continue
discussions concerning such measures and remedies and have the power to
invite the State party to include such information in its reports under
article 18 of the Convention.
15. The Committee would, in its confidential report, summarize the nature
of communications received, its examination of them, the replies and
statements of the States parties concerned and its views and
recommendations.
16. The Committee would have the power to delegate to a working group its
responsibilities under this section. The working group would report to the
Committee and the Committee alone would have the power to adopt views and
make recommendations.
Inquiry procedure
17. If the Committee received reliable information indicating a serious or
systematic violation by a State party of rights under the Convention or of
a failure to give effect to its Convention obligations, the Committee
should have the right to invite that State party to cooperate in examining
the information and in submitting observations on it. After considering
those observations and any other relevant information, the Committee should
have the power to designate one or more of its members to conduct an
inquiry and report urgently to the Committee.
18. Such an inquiry would be conducted with the cooperation of the State
party and might, with its agreement, include a visit to its territory.
19. Following the examination of the findings, which would be transmitted
to the State party, the latter would have a set period in which to make
observations in response.
20. The inquiry would be conducted confidentially and at all stages with
the cooperation of the States parties.
21. The Committee would encourage the State party to discuss the steps
taken by it as a consequence of the inquiry. Those discussions might be
continued until a satisfactory outcome was achieved. The Committee might
ask the State party to report on its response to the inquiry in its report
under article 18 of the Convention.
22. After completing all those steps, the Committee would be empowered to
publish a report.
23. When ratifying or acceding to the optional protocol the State party
would undertake to assist the Committee in its inquiries and to prevent any
obstacles to, or victimization of, any person who provides the Committee
with information or assists it in its inquiries.
General matters
24. States parties would publicize the protocol and its procedures, the
Committee's views and any recommendations concerning a communication
received or inquiry conducted.
25. The Committee would develop rules and procedures that would enable it
to conduct its work fairly, efficiently and, as necessary, urgently.
26. Meeting time of not less that three weeks per annum and resources,
including expert legal advice, would be made available to enable the
Committee to conduct its work under the Convention.
27. Procedures for the signing, ratification, accession and entry into
force of the protocol should be prescribed.
28. No State-to-State communication procedure should be included and no
reservations permitted.
29. Procedures for amendment and denunciation and the authentic texts of
the protocol should be prescribed.
Suggestion 8. Follow-up to the International Conference on
Population and Development
The Committee on the Elimination of All Forms of Discrimination against
Women,
Recognizing the importance of maintaining effective communication and
meaningful dialogue with United Nations bodies active in the field of human
rights in general and women's rights in particular,
Considering the need to ensure its participation and involvement in
activities of relevance to its work which are taking place within the
framework of the United Nations system-wide action,
Affirming its support for the Programme of Action of the International
Conference on Population and Development, held in Cairo from 5 to 13
September 1994, and its centrality to the goal of gender equality and the
empowerment of women throughout the world,
Recalling the provisions of articles 10 (h), 12 and 16 (e) of the
Convention on the Elimination of All Forms of Discrimination against Women
with respect to, among other things, the right of access to family health
and family planning education, the right to equality in health care
services, the right to receive appropriate pregnancy and childbirth
services, and the right to equality in deciding freely and responsibly on
the number and spacing of children,
Noting the importance of women's reproductive health as a pre-condition
to their enjoyment of all other human rights and freedoms, including the
fundamental right to life, on a basis of equality with men,
Noting also the information received by the Committee at its fourteenth
session from the World Health Organization on HIV/AIDS and women's human
rights in the context of the Convention,
Recalling the comments in the report of the fifth meeting of persons
chairing the human rights treaty bodies (A/49/537, annex), encouraging
cooperation with the specialized agencies and other United Nations bodies
to ensure consistency in the application of related provisions of the human
rights treaties and other international instruments,
1. Decides to employ the reporting mechanism under the Convention on the
Elimination of All Forms of Discrimination against Women so as to follow
the implementation of the Programme of Action of the International
Conference on Population and Development with respect to women's human
rights;
2. Decides also that the Committee shall develop a jurisprudence of
standards of international law in the field of women's reproductive health;
3. Requests the Chairperson of the Committee to consult with the
Executive Director of the United Nations Population Fund on the possibility
of convening a meeting of the chairpersons of all the human rights treaty
bodies to promote the effective exchange of information among them, as well
as the coordination with the relevant organs of the United Nations system,
as regards the follow-up to the Programme of Action with respect to human
rights.
C. Decisions
Decision 14/I
1. The Committee decides that its concluding comments developed on the
basis of a constructive dialogue with each State party should be sent in
the language of adoption to each State party separately from the report and
immediately after the conclusion of each session of the Committee.
2. The Committee notes that the summary records of the Committee's
thirteenth session were only received at the fourteenth session and were
incorrect and incomplete. Therefore, the Committee decides to request the
Secretariat to ensure that the summary records are complete and issued in a
timely manner in order to facilitate correction.
3. The Committee notes that the Spanish translation of the Convention
issued by the Department of Public Information of the Secretariat is
inaccurate, in particular article 10 (h) thereof. The Committee decides to
request the Secretariat to review all translations issued by the Department
of Public Information to ensure their accuracy.
4. The Committee expresses its wish to review as soon as possible the
draft Platform for Action, which will be discussed at the Fourth World
Conference on Women. It requests the Secretariat to send copies to the
members of the Committee.
Decision 14/II
The Committee on the Elimination of Discrimination against Women,
Recalling that the Vienna Declaration and Programme of Action, 1/ adopted
in June 1993, recognizes that the human rights of women and of the girl-
child are an inalienable, integral and indivisible part of universal human
rights, and stressing that, as a consequence, the human rights of women
should form an integral part of United Nations human rights activities,
including the promotion of all human rights instruments relating to women,
Taking into account the recommendation of the meeting of the persons
chairing the human rights treaty bodies at their third, fourth and fifth
meetings, 2/ that the Committee be located at Geneva with servicing
provided by the Centre for Human Rights of the Secretariat,
Recalling that, at its last few sessions, the Committee has considered
the advantages for women's human rights if they are integrated into the
mainstream of the United Nations treaty bodies,
Recalling also resolution 38/2 of 18 March 1994 of the Commission on the
Status of Women 3/ on the mainstreaming of women's human rights, and
resolution 1994/45 of 4 March 1994 of the Commission on Human Rights 4/ on
integrating the rights of women into the human rights mechanisms of the
United Nations,
Noting that the Committee at its annual meetings considers issues which
have expanded both in number and in substance, and which therefore reflect
the increasing relevance of women's human rights,
Bearing in mind that article 20.2 of the Convention should be applied in
such a way that States parties could be encouraged to present their reports
on schedule,
1. Requests the Secretary-General to locate the Committee on the
Elimination of Discrimination against Women at Geneva with servicing
provided by the Centre for Human Rights;
2. Also requests that the Secretary-General provide the Committee with
the necessary staff and facilities for the effective performance of the
functions of the Committee in accordance with article 17.9 of the
Convention on the Elimination of All Forms of Discrimination against Women,
and keeping in mind the link with the Division for the Advancement of
Women;
3. Declares that the roles that the Commission on the Status of Women
and the Committee play are important in making the general human rights
work of the United Nations more gender conscious and in promoting the
universal and indivisible human rights of women, and therefore requests the
Secretary-General to ensure that the link between the Commission on the
Status of Women and the Committee be maintained, the continued
implementation of article 21.2 of the Convention being one such link;
4. Urges the Secretary-General to expedite the implementation of the
present decision without delay.
Decision 14/III
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
the equal rights of men and women,
Reaffirming the importance of the Convention on the Elimination of All
Forms of Discrimination against Women as the only human rights instrument
for the promotion and protection of women's human rights,
Recalling that the articles of the Convention address the fundamental
human rights of women in all aspects of their daily lives and in all areas
of society and the State,
Noting the key role that the Committee on the Elimination of
Discrimination against Women has to play in making the general human rights
work of the United Nations more gender conscious and in promoting the
universal and indivisible human rights of women,
Recognizing the function of the Committee in elaborating a jurisprudence
of international standards for women's human rights,
Recognizing also the Committee's responsibility to develop and foster a
relationship with specialized agencies which share common areas of concern
affecting women,
Noting that the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights emphasized that the human rights of women
and the girl child are an inalienable, integral and indivisible part of
universal human rights and stressed that these rights should be integrated
into the mainstream of United Nations system-wide activities,
Convinced of the need to ensure its active participation in activities of
relevance to its work which are taking place within the framework of United
Nations system-wide action,
Recalling its previous decision to be represented at, and actively
contribute to, the overall work of the Fourth World Conference on Women:
Action for Equality, Development and Peace, to be held in Beijing from 4 to
15 September 1995,
1. Reaffirms its decision to participate in the Fourth World Conference
on Women: Action for Equality, Development and Peace and requests the
Secretariat to take all necessary measures to facilitate and ensure the
participation of the Committee;
2. Requests the Secretariat to be the focal point for organizing a
thematic meeting, to the extent possible, with members of other treaty
bodies and specialized agencies attending the Fourth World Conference on
Women, and to implement the technical and administrative arrangements set
forth in this report;
3. Decides to transmit, as its contribution to the Fourth World
Conference on Women, its report on the progress achieved in the
implementation of the Convention on the Elimination of All Forms of
Discrimination against Women and requests the secretariat of the Conference
to ensure wide dissemination of the report;
4. Declares that the Committee on the Elimination of Discrimination
against Women is an essential mechanism within the framework of the
international machinery that should be entrusted with the task of
monitoring and periodically reviewing the implementation of the Platform
for Action concerning the human rights of women.
D. Other matters
Adequate meeting time to consider reports of States parties
Background
1. At its thirteenth session, the Committee on the Elimination of
Discrimination against Women concluded: 5/
"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."
Status of reports
2. States parties undertake to submit an initial report within one year
after the entry into force of the Convention for the State concerned, and
at least every four years thereafter. As of 31 October 1994, 35 initial
reports, 34 second periodic reports and 34 third periodic reports were
overdue. The status of reports submitted to the Committee and pending
consideration was as follows: 13 initial reports, 19 second periodic
reports, 18 third periodic reports and 2 fourth periodic reports
(CEDAW/C/1995/2).
3. At its fourteenth session, the Committee had for its consideration the
reports of 13 States parties composed of six initial reports, three second
periodic reports, four third periodic reports, two fourth periodic reports
and one report on an exceptional basis. For comparison, it is worth noting
the number of reports scheduled for consideration by other human rights
treaty bodies at each of their 1995 sessions as shown below.
Committee on the Rights of the Child6-7
Human Rights Committee5
Committee Against Torture8
Committee on Economic, Social and Cultural Rights4-5
Committee on the Elimination of Racial Discrimination6-10
Meeting time
4. For further comparison, it is worth noting the 1995 session schedules
of the human rights treaty bodies. CEDAW convened its fourteenth annual
session for an exceptional period of three weeks. The Committee on the
Rights of the Child scheduled three 3-week sessions in 1995, with pre-
session working groups. The Human Rights Committee scheduled two sessions,
the first of which for a period of six weeks. The Committee Against
Torture scheduled three sessions, each for a duration of two weeks. The
Committee on Economic, Social and Cultural Rights scheduled two 3-week
sessions, with one pre-session working group. Finally, the Committee on
the Elimination of Racial Discrimination scheduled two 3-week sessions.
Conclusion
5. In her opening statement to the fourteenth session of the Committee,
Mrs. Gertrude Mongella, Secretary-General of the Fourth United Nations
World Conference on Women, said the following:
"A central concern of the World Conference on Human Rights was that women's
rights should be fully integrated into United Nations work on human rights.
The question of integration is not an easy one. There is a consensus that
there are two requirements for successful integration. The first is that
the 'mainstream' bodies in any field recognize the importance of
incorporating women's concerns into their work. The second requirement is
that there be strong institutions concerned specifically with women. It is
here that the Committee is crucial.
"In future, the work of the Committee will increase. As of today there are
139 States parties to the Convention. Based on indications I have received
... many more States will become party over the course of the year.
Furthermore, the Platform for Action will undoubtedly place emphasis on
universal ratification, without reservations, by the year 2000.
"If all the current States report on schedule, you will have to consider 35
reports each year. That would be three times the number you currently
consider and, if universal ratification is achieved, it would be almost
four times.
"The work of the Committee has been hampered by the limitation of the
meeting time contained in the Convention itself."
--II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
6. On 3 February 1995, the closing date of the fourteenth session of the
Committee on the Elimination of Discrimination against Women, there were
139 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.
7. A list of States parties to the Convention is contained in annex I to
the present report.
B. Opening of the session
8. The Committee on the Elimination of Discrimination against Women held
its fourteenth session at United Nations Headquarters from 16 January to 3
February 1995. The Committee held 25 plenary meetings (260th to 284th
meetings) and its two working groups each held 5 closed meetings.
9. The session was opened by the Chairperson of the Committee, Ivanka
Corti (Italy), who had been elected at the twelfth session of the Committee
in January 1993.
10. In her opening statement, made on behalf of the Secretary-General of
the United Nations, the Secretary-General of the Fourth World Conference on
Women, Gertrude Mongella, welcomed the new and re-elected members of the
Committee and extended her gratitude to the experts who had completed their
service to the Committee. She also welcomed the appointment of the Special
Rapporteur, Radhika Coomaraswamy, on violence against women pursuant to
Commission on Human Rights resolution 1994/45 of 4 March 1994.
11. She emphasized that the current session was taking place at the
beginning of the year which would see the Fourth World Conference on Women
and which marked the fiftieth anniversary of the United Nations. She
stressed that the revised draft Platform for Action, to be considered by
the Commission on the Status of Women at its thirty-ninth session, would
set out action to be taken in the area of women's human rights, which would
not only shape the Committee's work, but would also support new directions
for the Committee and its work as a contribution to the Fourth World
Conference and the implementation of the Platform for Action.
12. She recalled that a central concern of the World Conference on Human
Rights was that women's human rights should be fully integrated into the
work of the United Nations on human rights. She said that this integration
was dependent on two factors: the recognition by other human rights bodies
of the importance of incorporating women's concerns into their work; and
the strengthening of institutions concerned specifically with women as well
as the deepening of relationships among them. In the context of the first
factor, she informed the Committee that discussions had been held between
the Division for the Advancement of Women and the Centre for Human Rights
on developing a joint plan of activities, that the Commission on the Status
of Women had requested the Division to report to it on a joint plan of
activities with the Centre, that the new focal point on women of the Centre
for Human Rights had visited the Division, and that staff members of the
Division had participated in the work of other human rights institutions
and mechanisms.
13. The Secretary-General of the Fourth World Conference on Women
indicated that the work of the Committee plays a decisive role in the human
rights report. Currently there were now 139 States parties to the
Convention and many other States were moving towards ratification. This,
combined with the predicted emphasis in the Platform for Action on
universal ratification, would significantly increase the work of the
Committee. She reminded the Committee that the limitation on its meeting
time imposed by the Convention currently impeded its work, but that a
special meeting of States parties to the Convention would take place on 22
May 1995 to consider revision of that aspect of the Convention and that its
recommendations would be considered by the General Assembly at its fiftieth
session. To allow the Committee to carry out its mandated effectively,
there is a need to strengthen the servicing of the Committee.
14. She informed the Committee that a State party had withdrawn
reservations to the Convention and that the World Conference on Women would
undoubtedly recommend to others to follow suit. At its forty-sixth
session, the Subcommission on Prevention of Discrimination and Protection
of Minorities had again requested the Secretary-General to obtain the
Committee's views as to whether it would be desirable to have an advisory
opinion on the question of reservations.
15. She recalled that the Committee has recommended the creation, by means
of an optional protocol, of a procedure for communications to the Committee
and she noted that a draft protocol, based on a draft prepared by an expert
group meeting convened by some non-governmental organizations with
financial assistance provided by some Governments had been circulated by
one of the Committee members for consideration during the current session.
Any views of the Committee after such consideration would be conveyed to
the Commission on the Status of Women.
16. The Secretary-General of the World Conference noted that the Committee
intended to revise its rules of procedure and guidelines for the
preparation of national reports. She also drew attention to General
Assembly resolution 49/221 B of 23 December 1994 related to summary records
and invited the Committee to review its need for such records.
17. She drew the attention of the Committee to General Assembly resolution
49/162 of 23 December 1994 on the integration of older women in development
and to resolution 1994/5 of the Subcommission on Prevention of
Discrimination and Protection of Minorities of the Commission on Human
Rights requesting it to include in the guidelines on reporting of the
Committee an item concerning contemporary forms of slavery.
C. Membership and attendance
18. In accordance with article 17 of the Convention, the seventh meeting
of States parties to the Convention was convened by the Secretary-General
at United Nations Headquarters on 7 February 1994. The States parties
elected 12 members of the Committee from among the candidates nominated to
replace those whose term of office was due to expire on 16 April 1994.
19. All members of the Committee attended the fourteenth session except
Ms. Gurdulich de Correa; however, Ms. Munoz-Gomez attended from 17 January
to 3 February 1995, Ms. Garcia-Prince from 16 to 20 January and from 30
January to 3 February, Ms. Sunaryati Hartono from 16 to 20 January and from
1 to 3 February, and Ms. Mervat Tallawy from 16 to 27 January 1995.
20. A list of members of the Committee, together with an indication of the
duration of their terms of office, appears in annex II to the present
report.
D. Solemn declaration
21. At the opening of the fourteenth session, before assuming their
functions, the newly elected members, Tendai Ruth Bare (Zimbabwe), Desiree
Patricia Bernard (Guyana), Aurora Javate de Dios (Philippines), Miriam
Yolanda Estrada Castillo (Ecuador), Sunaryati Hartono (Indonesia), Ginko
Sato (Japan) and Carmel Shalev (Israel), and the five re-elected members,
Charlotte Charity Abaka (Ghana), Emna Aouij (Tunisia), Ivanka Corti
(Italy), Lin Shangzhen (China) and Mervat Tallawy (Egypt), made the solemn
declaration asprovidedforunderrule 10ofthe rulesofprocedure oftheCommittee.
E. Election of officers
22. At its 260th meeting, on 16 January, the Committee elected the
following officers by acclamation for a term of two years (1995-1996), in
accordance with article 19 of the Convention on the Elimination of All
Forms of Discrimination against Women and rules 13 and 14 of the
Committee's rules of procedure: Ivanka Corti (Italy), re-elected as
Chairperson; Emna Aouij (Tunisia), Evangelina Garcia-Prince (Venezuela) and
Lin Shangzhen (China), Vice-Chairpersons; and Hanna Beate Schopp-Schilling
(Germany), Rapporteur.
F. Adoption of the agenda and organization of work
23. The Committee considered the provisional agenda and organization of
work (CEDAW/C/1995/1) at its 261st meeting, on 16 January. The agenda as
adopted was as follows:
1. Opening of the session.
2. Solemn declaration by the new members of the Committee.
3. Election of officers.
4. Adoption of the agenda and organization of work.
5.Report of the Chairperson on activities undertaken between the
thirteenth and fourteenth sessions of the Committee and consideration of
the report of the fifth meeting of persons chairing the human rights treaty
bodies and action taken by the General Assembly concerning treaty bodies.
6.Consideration of reports submitted by States parties under article 18
of the Convention on the Elimination of All Forms of Discrimination against
Women.
7.Implementation of article 21 of the Convention on the Elimination of
All Forms of Discrimination against Women.
8.Ways and means of expediting the work of the Committee.
9. Contributions of the Committee to international conferences.
10. Provisional agenda for the fifteenth session.
11. Adoption of the report of the Committee on its fourteenth session.
G. Report of the pre-session working group
24. The Committee had decided at its ninth session 6/ 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. The Committee, wishing to
reflect the ideas and views of its various members, decided that it 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.
In accordance with the decision of the Committee at its thirteenth session,
the pre-session working group met at United Nations Headquarters from 9 to
13 January 1995.
25. In accordance with the provisional agenda of the Committee
(CEDAW/C/1995/1), the working group had to prepare a list of questions for
five countries: Argentina, Finland, Peru, Norway and the Russian
Federation.
26. The working group consisted of four members as follows: Salma Khan
(Chairperson), Evangelina Garcia-Prince, Pirkko Anneli Makinen and Ahoua
Ouedraogo.
27. At its 266th meeting, on 19 January, the Chairperson of the pre-
session working group introduced the report of the group
(CEDAW/C/1995/CRP.1). Members adopted the report containing the list of
questions, which was sent to the States parties concerned.
H. Composition and organization of work of the working groups
28. At its 265th meeting, on 18 January, the Committee agreed on the
composition of its two standing working groups: Working Group I to
consider ways and means of expediting the work of the Committee and Working
Group II to consider ways and means of implementing article 21 of the
Convention.
29. Working Group I was composed of the following members of the
Committee: Desiree Patricia Bernard, Carlota Bustelo Garcia del Real,
Ivanka Corti, Liliana Gurdulich de Correa, Salma Khan, Lin Shangzhen, Elsa
Victoria Munoz-Gomez, Hanna Beate Schopp-Schilling, Kongit Sinegiorgis and
Mervat Tallawy.
30. Working Group II was composed of the following members of the
Committee: Charlotte Abaka, Emna Aouij, Gul Aykor, Tendai Ruth Bare,
Carlota Bustelo Garcia del Real, Silvia Rose Cartwright, Aurora Javate de
Dios, Miriam Yolanda Estrada Castillo, Evangelina Garcia-Prince, Sunaryati
Hartono, Salma Khan, Pirkko Anneli Makinen, Ahoua Ouedraogo, Ginko Sato,
Carmel Shalev, Lin Shangzhen, Kongit Sinegiorgis and Mervat Tallawy.
Working Group I
31. The Secretariat proposed the following draft programme of work for
Working Group I:
(a) Reports to be considered by the Committee at its fifteenth session
(CEDAW/C/1995/6, chap. VIII);
(b) Dates of the fifteenth session of the Committee;
(c) Review of the need for summary records (General Assembly resolution
49/221 (statement by the Secretary-General of the Fourth World Conference
on Women); format of the annual report of the Committee (question of
inclusion of summaries of the consideration of the reports of States
parties: statement by the Secretary-General of the Fourth World Conference
on Women));
(d) Issues raised by the fifth meeting of persons chairing the human
rights treaty bodies (see A/49/537, annex), particularly the question of
the venue of the Committee's session and the location of its secretariat
(ibid., para. 51);
(e) Funding for activities undertaken by the Chairperson between
sessions of the Committee;
(f) Procedure for examination of reports of States parties, including
procedure for and content of notification of States parties concerning the
consideration of the report;
(g) Technical and administrative arrangements concerning the
participation of the members of the Committee in the Fourth World
Conference on Women;
(h) Review of the rules of procedure (CEDAW/C/1995/6, chap. II),
including the role of non-governmental organizations;
(i) Review of the general guidelines for the preparation of initial and
periodic reports (ibid, chap. III);
(j) Any additional views on reservations, following a request of the
Subcommission on Prevention of Discrimination and Protection of Minorities
(resolution 1994/43, statement by the Secretary-General of the Fourth World
Conference on Women);
(k) An integrated management system on human rights (American
Association for the Advancement of Science);
(l) Link with the focal point on the human rights of women of the Centre
for Human Rights;
(m) Provisional agenda for the fifteenth session;
(n) Nomination of members of the pre-session working group.
Working Group II
32. The Secretariat proposed the following draft programme of work for
Working Group II:
(a) The Committee's contribution to the Fourth World Conference on
Women: the "Compendium" and any other contribution;
(b) Optional Protocol;
(c) United Nations Educational, Scientific and Cultural Organization
document on CEDAW, Decade of Human Rights Education;
(d) General recommendation on articles 7 and 8;
(e) Follow up with regard to the International Conference on Population
and Development;
(f) General recommendation on article 2;
(g) The Committee's input to the World Summit for Social Development.
33. Members of the Committee expressed their concern for setting
priorities in their work in the working groups in order to finish the most
pressing business.
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES
UNDERTAKEN BETWEEN THE THIRTEENTH AND
FOURTEENTH SESSIONS OF THE COMMITTEE
34. At the 261st meeting, the Chairperson of the Committee, in her
introductory statement, said that the Committee had proven itself to be an
important human rights body, and she summarized the numerous activities she
had undertaken since the thirteenth session. She pointed out that in 1994
the attitude of various United Nations bodies towards the Committee had
been very positive. She outlined the decisions of the fifth meeting of
persons chairing the human rights treaty bodies, which took place at the
United Nations Office at Geneva from 19 to 23 September 1994. The meeting
touched on women's human rights generally and the Committee in particular.
She noted that for the first time, the report of the chairpersons contained
a section relating specifically to the Committee which criticized the
resource constraints experienced by it. It also recommended that the
Committee, during its current session, take a decision on whether it should
be based, like all other human rights treaty bodies, at the Centre for
Human Rights at Geneva.
35. The Chairperson informed the Committee that information exchange took
place on a regular basis between the Centre for Human Rights at Geneva and,
through her and some of the designated experts, the Committee. She noted
the appointment of the "focal point" for women's human rights in the
Centre. She also informed the Committee that the Special Rapporteur on
Violence against Women was in attendance at this session and that she would
address the Committee.
36. The Chairperson described efforts which she had made to establish
closer cooperation with the specialized agencies of the United Nations.
The United Nations Educational, Scientific and Cultural Organization
(UNESCO) hosted a meeting attended by five members of the Committee that
resulted in a "manifesto" relating to gender-inclusive culture through
education, to be approved by the Committee and to be discussed in a joint
UNESCO/CEDAW workshop at the Fourth World Conference on Women, to be held
at Beijing. Initial contacts have been made with the United Nations
Children's Fund (UNICEF) and the United Nations Population Fund. Concrete
steps to foster collaboration with other specialized agencies, as well as
the International Labour Organization have not yet been taken.
37. The Chairperson stressed the role of non-governmental organizations in
publicizing the Convention and the work of the Committee and noted
particularly the contribution of International Women's Rights Action Watch,
with its regular "IWRAW to CEDAW report", and the International Human
Rights Law Group, which had co-hosted an expert meeting sponsored by some
Governments, to develop a proposal for an optional complaints protocol for
the Convention.
38. The Chairperson outlined the tasks before the Committee during this
session. They would include consideration of the proposed optional
protocol to introduce a right of petition under the Convention, any
contribution that the Committee might like to make to the World Summit for
Social Development, the Committee's role in the follow-up to the
International Conference on Population and Development, its role in the
Decade for Human Rights Education and the contribution of the Committee to
the Fourth World Conference on Women.
39. In response to concerns expressed by members of the Committee
regarding the lack of resources available to the Chairperson to undertake
her inter-sessional activities, the Deputy Director of the Division for the
Advancement of Women indicated that general resources for the Committee
were appropriated by the General Assembly based on the provisions of the
Convention and subsequent decisions of the Assembly. Some travel expenses
of the Chairperson had been financed from savings of these resources during
1994, and, on several occasions, the Division had undertaken to assist the
Chairperson in communicating with members of the Committee.
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION
A. Introduction
40. At its fourteenth session, the Committee considered the reports
submitted by 10 States parties under article 18 of the Convention: 2
initial reports, 3 combined 7/ initial and second periodic reports, 3
second periodic reports, 2 third periodic reports and 2 fourth periodic
reports. The Committee also considered one report submitted on an
exceptional basis. As decided at its thirteenth session, the Committee
prepared concluding comments on each report considered. Furthermore, it
prepared concluding comments on four reports considered during the
thirteenth session which were deferred to the fourteenth session. For the
status of the submission of reports by States parties, see annex IV to the
present report.
41. The Committee's consideration of 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, the replies given by the
representatives of the States parties present at the meetings, as well as
the concluding comments to the reports as prepared by two members of the
Committee respectively. The summary records provide more detailed
information on the reports submitted by States parties.
B. Consideration of reports
1. Initial reports*
Bolivia
42. The Committee considered the initial report of Bolivia (CEDAW/C/BOL/1
and Add.1) at its 262nd, 263rd and 267th meetings, on 17 and 20 January
1995 (see CEDAW/C/SR.262, 263 and 267).
43. In introducing the report, the representative of Bolivia said that the
time that had elapsed between the submission of the initial report in 1991
and its presentation in 1995 had created a difficulty for the country
because during that time the Government had changed and, consequently,
major changes had occurred with regard to the policy of equality. After
many years of dictatorship, the country was completing its first decade of
democracy. At the same time, there was a general economic crisis and
structural adjustments had taken place. As a result, many social issues
had had to be postponed owing to the priority given to macroeconomic
stabilization. The representative said that her country had an extensive
history of active women's movements. Those organizations had played an
important role in returning the country to democracy and had laid the
groundwork for governmental action for the advancement of women and for
developing social policies aimed at achieving equality and alleviating
poverty.
________________________
* Including subsequent reports, if submitted, in those cases where the
initial report of the State party had not yet been considered by the
Committee.
44. The three major changes were the reform of the Executive Branch with a
decentralization in decision-making, the establishment of the Office of the
Under-Secretary for Gender Affairs within the Ministry of Human Development
and reforms of the Constitution and the legal framework in keeping with
market economy, which refer to Bolivia as a multiethnic, multicultural
country. The representative said that while the initial report had given
the impression that de jure equality was fully implemented and that
obstacles resided only in the practical implementation, there were still
laws and practices that violated the principle of equality. Whereas
formerly social policy had been dealt with sectorally in various
administrative units, the programme for women created in 1992 under the
National Institute for Minors, Women and the Family and, later, the
National Secretariat for Ethnic, Gender and Generational Affairs created in
1993, had proposed sectoral policies for the female population to ensure an
across-the-board gender perspective.
45. The most important policy measure was the Law on Popular
Participation, which had decentralized the State and its financial
resources, recognized the legal status of grass-roots organizations,
provided government funding for those organizations, respected people's
traditions and customs, integrated genderequality and laid down the
principle of equal opportunity and empowered administrations at all levels
to establish programmes for women. Another important step was the
enactment of the Law on Education Reform, which laid down the principle of
free, universal and mandatory education without cost, based on the
principle of equal opportunity and gender equality. Unlike the past
attempt of enforced "Hispanization", bilingual and multicultural education
was presently foreseen, from which, in particular, girls and women would
profit. A further important step was the adoption of the National Plan for
the Prevention and Eradication of Violence. It demonstrated the
Government's understanding that lack of respect for human rights was also
an obstacle to development and showed its particular concern for domestic
violence. It was being carried out through an interministerial task force
and provided free legal and health care services to female victims of
violence.
46. The representative said that although women continued to carry the
major burden of poverty, changes would be introduced through the
implementation of participatory planning. She highlighted the most
important recent changes, as described in the addendum to the initial
report, and underlined that the most important message she wanted to bring
was that Bolivia had institutionalized its public policies with a gender
approach.
General observations
47. The Committee commended the well-structured and frank report, which
adhered to the general guidelines, and its sincere and objective
presentation. It demonstrated the political will of the country and was
well placed within the national realities by showing that the Government
was aware of the obstacles that had to be overcome. The new legislative
and administrative reforms demonstrated very positively the integrated
approach taken regarding women's issues. They commended the fact that
Bolivia had ratified the Convention without entering reservations and
congratulated the Government on its future plans to implement further the
Convention, and in particular to redress the situation of indigenous and
rural women. Members were favourably impressed by the reform of the
Executive Branch and the creation of the National Secretariat for Ethnic,
Gender and Generational Affairs. They commended the establishment of an
inter-ministerial task force and the measures undertaken and commissions
created to eradicate violence against women, and in particular domestic
violence between the spouses as well as between the first and second degree
of consanguinity. They also considered commendable the steps taken to
elaborate a health code. They welcomed the efforts made to present Bolivia
as a multicultural and multiethnic society.
48. In reply to observations made by the members that the Government
should take measures to incorporate the Convention into national
legislation and to questions as to whether the Convention could presently
be invoked in the courts and whether any initiatives existed to incorporate
the provisions of the Convention into the Constitution, the representative
stated that the Convention had become part of Bolivian legislation on 15
September 1989 and could be invoked before the courts. While at the time
of preparing the initial report the Convention had been very little known
by judges and other public authorities, more and more lawyers were now
taking recourse to the Convention.
49. Members recommended as one of the priority tasks that an inventory be
made of the laws that were still discriminatory to women in an effort to
amend them. They asked how motivated the Government was to bringing
national laws into line with the requirements of the Convention and whether
it was done systematically or on an ad hoc basis. In reply, the
representative said that the national Secretariat had an Office of Legal
Reform, which had the task of bringing Bolivian legislation into line with
the requirements of the Convention. The representative mentioned the
amendments that were being made to several laws, such as the Law on
Domestic Workers regarding their working hours, the General Labour Law
regarding excessive protectionism of women, the Law on Domestic Violence
that should repeal article 276 of the Penal Code and the Family Code
regarding age of marriage, free choice of occupation and reasons for
divorce. Further amendments concerned the articles concerning sexual
violence with the aim of treating domestic violence as an ex officio
offence, the Health Code and Property Law that should give women access to
property, as well as the Law on Political Parties. Furthermore, changes in
favour of women were being made to various municipal decrees.
50. Members recommended that the low number of women in decision-making
positions should be considered as a critical area of concern. Asked about
the outlook for women to be better represented in political parties and in
decisionmaking positions and any mechanisms for increasing women's
participation, the representative said that although the Law on Popular
Participation gave women equal opportunities, no quotas were foreseen. The
Under-Secretariat for Gender Affairs was, however, considering temporary
measures to remedy the situation.
51. Members expressed the hope that measures would be taken to correct the
de facto discrimination often practised by employers. Considering that
Bolivia's development index was at a rather alarming level, on the one
hand, and that the Government's level of commitment seemed to be very high,
on the other, it would be important for the country to submit its
subsequent report on time and to place therein a greater focus on the
programmes undertaken.
52. Bearing in mind that Bolivia was considered to have one of the fastest
growing economies in Latin America, members inquired whether the recent
economic growth had had a positive impact on the status of women. The
representative explained that income distribution measures were being taken
and that while local demands were being taken into account, the demands of
women were being given particular attention. The Government was currently
also elaborating gender statistics. A gender investigation and information
mechanism had been put into action to study the impact of poverty on the
female population.
53. As a reaction to the observation made by members that women should be
encouraged to be aware of their legal rights and that lack of access to
legal aid was often one of the obstacles to the advancement of women, the
representative said that the major obstacles to the implementation of the
Convention were resistance, prejudices and ignorance on the part of the
judges about the contents of the Convention as well as the crisis in the
actual legal system. All comments by members would be the basis for
consideration for future national policies on women by Bolivia. In order
to overcome those difficulties, the National Secretariat had started an
awareness-raising and training programme for law officials.
54. Members commended the Government representative for her frank replies
and expressed their hope that the next report would give an account of all
the obstacles and failures encountered by the National Secretariat in
carrying out its policies and would be supplemented by ample statistics.
In thanking the members for the questions raised, the representative of the
Government said that they would form the basis for future policies and
serve as a guide in the elaboration of periodic reports.
Questions related to specific articles
Article 2
55. Members raised questions about the type of mechanisms through which
the National Secretariat introduced sectoral policies, about its decision-
making powers, its resources and the channels of cooperation with other
government agencies. The representative replied that the mechanisms were
focal points for rural development, education and popular participation, a
few committees dealing with specific issues, various other connections at
the societal and international levels and that the National Secretariat was
represented in seven out of the nine provinces of the country. The
National Secretariat could adopt mandatory resolutions and issue mandatory
decrees and was working in coordination with the Parliamentary Women's
Commission and all the political parties that were represented in the
Parliament. It had sufficient resources, 25 per cent of which came from
the national Government and 75 per cent from international assistance.
Various other programmes had been carried out by other sources in the area
of health and education, but it was difficult to quantify their impact on
women.
56. In the light of the fact that Bolivia was still characterized by male
domination, members inquired in what way the National Secretariat was
ensuring that the Law on Popular Participation guaranteed equal
opportunities at the grass-roots level. The representative mentioned in
that context a plan designed by the National Secretariat, in collaboration
with the National Secretariat for Popular Participation, which should
strengthen non-governmental organizations at the local level and maintain a
dialogue with the local political institutions in order to introduce the
gender perspective at the municipal level. A transfer of financial
resources on the basis of demographic criteria would support local
programmes and women's programmes.
Article 3
57. When members inquired about the positive effects of the educational
reform on girls in rural areas, the representative said that a striking
example was the bilingual education in the Guarani area. It had had a
positive impact on the inherent problems of school desertion, the repeating
of classes and the functional analphabetism.
58. Members welcomed the institutionalization of policies of equality in
the country, particularly at times of frequent changes in political
leadership, and pointed to the importance of mainstreaming the gender
aspect within the development process.
Article 4
59. Members asked for concrete examples of temporary special measures, and
whether any such measures were foreseen to correct the high illiteracy
rate, the low employment rate of women and the low rate of participation of
women in political decision-making or to protect indigenous and rural
women. The representative said although presently no temporary special
measures existed, the adoption of such measures was under discussion in
order to promote higher school attendance of girls.
Article 5
60. Asked about any efforts to overcome sex-stereotyping in education, in
the family and in the media and the existence of any study on the matter,
the representative said that within its educational reform the Government
was modifying school curricula and textbooks and concurrently training
teachers.
61. Regarding the role played by non-governmental organizations in
connection with the Plan for the Prevention and Eradication of Violence
against Women, the representative said that their contributions had been
taken into account in its elaboration and also in drafting the Law on
Domestic Violence.
62. As to measures taken to change the attitude of court officials dealing
with complaints regarding violence against women, the representative stated
that within the National Secretariat there was a department that dealt with
the training of various sectors of the judiciary.
63. Regarding the alleged contradiction between the statements made in
paragraphs 84 and 85 of the report concerning discrimination regarding
women holding certain positions, the representative explained that studies
had made clear the legal, social and cultural discrimination of women in
the workplace and the lack of efficient mechanisms to deal with it as the
law did not foresee any sanctions. The practice had shown that women in
similar professions and holding the same academic degrees as men earned
between 30 and 50 per cent less than their male counterparts.
Article 6
64. As prostitution existed in practically every country in the world,
members felt that Bolivia should not have any misgivings about its
"indirect approval" referred to in paragraph 86 of the report and
considered the practice of periodic medical examinations of prostitutes a
laudable measure. Further information was requested about the number of
women prostitutes, their social strata, the conditions under which they
worked and the measures taken for their social reintegration.
65. Regarding any possible protection of prostitutes against the human
immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS),
the representative said that although the National AIDS Programme foresaw
measures of prevention for prostitutes, no corresponding laws had as yet
been adopted.
66. Members recommended that the Government look into the various aspects
of prostitution as it was regarded as a severe violation of human rights
and one of the most severe forms of slavery. The representative explained
that there was a contradiction in Bolivia between the Penal Code and police
regulations in that there was abolitionist legislation against pimping, but
whereas women prostitutes were penalized, men remained unpunished.
67. Regarding a question about the meaning of "offences against sexual
morality", the representative said such offences ought to be eliminated
from the Penal Code as they were discriminatory against women.
68. As the report indicated that trafficking in women did not exist,
members asked whether specific measures prevented women from migrating for
the purpose of prostitution. Members found the contents of paragraphs 88
and 99 of the report contradictory in that studies had proved that there
was a close connection between trafficking in women and prostitution.
Article 7
69. Asked about the initiatives taken by the Government or the National
Secretariat for Ethnic, Gender and Generational Affairs to provide support
to women's non-governmental organizations, the representative stated that
the Government recognized the role of such organizations as agents of
development. Their autonomy was entirely respected and they received no
financial support from the Government. Among others, they had participated
in elaborating the Plan for the Prevention and Eradication of Violence
against Women; however, it was important that they took a different
approach vis-a-vis the State and recognized its role and their roles,
respectively.
70. Members inquired which incentives were being provided to increase
women's participation in political life and their representation in
political parties and whether women in political parties obtained financial
support for their campaigns. The representative explained that the
National Secretariat was currently working on a reform of the Law on
Political Parties, which should increase the participation of women. No
government support was given to political parties nor to women for their
participation.
71. Members asked whether the Law on Popular Participation was being
implemented, whether it respected the various forms of legal organizations
among indigenous women and whether indigenous women and men received legal
training. The representative explained that under that Law municipalities
were obliged to incorporate requests by local women's organizations in
their plans and that legal training as well as the setting up of local
information and communication networks at municipal and local levels were
foreseen. She pointed to the goal that at least 10 per cent of the
municipal structures should include women within the next three years.
72. Considering the absence of a quota system, they asked whether there
was an ongoing programme to utilize grass-roots organizations for working
out programmes for civic education to raise the civic awareness of women,
to inform them of the necessity to vote and to take part in political life
and, therefore, to have identification cards in order to register to take
part in the polls. The representative stated that presently 46 per cent of
the population above 10 years did not have identification cards. The
Government was, with foreign aid, working on a national registration
programme and it was hoped that by 1997 all citizens would have
identification cards. The age to vote was 18 years.
73. Members inquired about the current number of women ministers and
about the status of women in the police force. They asked whether women
had equal possibilities as men of being promoted.
74. Members asked whether the training for military careers had resumed
for women and what possibilities women had to pursue military careers. The
representative stated that it was currently not an issue for national
debate. It was presently more urgent to invest in activities such as
education and health.
Article 8
75. Members asked what the requirements were for working in the foreign
service and whether they were different for women and for men. They also
wanted to know whether husbands opposed their wives working abroad or
whether they were not allowed to join their wives working in the foreign
service.
Article 9
76. Regarding questions about transmission of nationality the
representative stated that a Bolivian woman married to a foreigner could
transmit her nationality to her husband and her children.
Article 10
77. Members asked about the reasons for the large gap in the rate of
illiteracy between women and men and whether the Government was undertaking
measures to encourage female adult education. Questions were also asked
about the percentage of pupils that were enrolled in private and in public
schools and whether plans existed to privatize the education system.
78. As bilingual education stopped at the fifth grade level, it was asked
how the non-hispanic groups could fully participate in the whole
educational system. Members felt that there could be a contradiction
between the educational policies, that sought to respect the various
cultures and those that aimed at avoiding gender stereotyping. Members
asked whether there were gender or women's studies at the tertiary level of
education. The government representative was asked to comment on the
issue. Members also asked whether health education included information on
family planning and prevention of HIV/AIDS.
Article 11
79. Members assumed that the employment plan provided for measures to
close the gender gap. However, as regards salaries, indigenous women were
the most disadvantaged group. Members asked whether concrete initiatives
existed to introduce a gender approach in vocational training and whether
there was a legally guaranteed minimum wage and, if so, whether it was
different for women and for men.
80. Regarding the high rate of growth of street trading, mostly carried
out by women, it was asked whether that sector of tertiary urban economic
activity was included in the formal statistics of the country. Members
inquired whether there was a law on sexual harassment at the work place,
whether measures existed for the welfare and protection of women domestic
workers and which programmes responded to the economic needs of migrant
women. The representative replied that a law regulating working conditions
for domestic workers was now under consideration in Parliament.
81. Because of the absence of child-care centres it was asked whether the
burden of caring for their brothers and sisters in addition to helping with
housework resided on the shoulders of the young girls and, consequently,
prevented them from attending school.
Article 12
82. Asked about abortion, the representative explained that it was legal
only in cases of rape and danger to the mother's life. She did not give
the actual rate of abortion, but said that it was widespread and carried
out in unsafe conditions. It accounted for 30 per cent of maternal
mortality. The Government did not intend to legalize abortion. Asked
about consciousness-raising programmes for family-planning schemes, she
said that the Government fully endorsed the declaration adopted at the
World Conference on Population and Development held at Cairo in 1994
concerning reproductive rights and sexual education for teenagers in view
of the health of the family.
83. It was asked whether there was a constitutional or legal basis for the
high fertility rate of women or whether the reasons lay within societal or
cultural aspects. Comments were made on the chronic malnutrition affecting
women and it was asked what percentage of women, in general, had access to
safe motherhood, what the situation was in rural areas and which measures
the Government had initiated to reduce teenage pregnancies and the high
level of maternal mortality.
84. Members asked whether victims of rape could report the incidents to
the public prosecutors, and if so, whether measures were being taken to
lift any legal bias against rape victims. Members asked further whether
crisis centres took care of victims of rape or other sexual abuse and how
the police and the courts were handling cases of violence against women and
whether they received any training on these matters.
Article 14
85. Since rural women seemed to be the most disadvantaged, members felt
that they should be the subject of major concern and asked that they and
their plight be given more visibility in the next report.
86. It was asked to which part of the population indigenous people
belonged, whether indigenous people were equivalent to people in rural
areas and whether non-indigenous people had better living conditions than
they. Members asked further how much of the resources of municipalities
were dedicated to indigenous women, how they participated in general
programmes and whether special programmes were dedicated to them. Members
inquired further what type of national and international investment was
made in rural development and how it had benefited rural women. They asked
whether it had increased their productivity, whether they could use
technology and to what extent it was environment-friendly. Members sought
information on whether initiatives were being taken to create pre-school
facilities in rural areas and whether non-governmental women's
organizations or women working at the grass-roots level had provided
programmes to improve the conditions of the girl child in rural areas.
Article 16
87. Members commended the Government for adopting a new Family Code,
although a number of provisions, such as marriage, divorce and family
assistance, still needed to be adopted. As to the question of whether
there was any legal provision giving the husband the right to prohibit his
wife from engaging in certain occupations if they impinged upon her
domestic tasks, the representative replied that the restriction had been
reviewed. Information was sought on the existence of a draft law to change
the legal provision that prevented women from accusing a violent spouse and
whether measures had been taken to sensitize judges with regard to women
and minors.
88. Members commented that the regulations regarding guardianship were in
blatant contradiction to the provisions of the Convention. Regarding
single mothers' status in relation to adoption it was stated that a single
mother could adopt a child and could transfer her nationality to the
adopted child.
89. Members asked about the percentage of abandoned children and inquired
whether measures were envisaged to prevent the abandonment of children.
They also requested information on surrogate mothers and on adoption of
Bolivian children by women outside Bolivia. Information was sought on
measures to protect foreign women in their status as wives of Bolivian men
and it was asked whether a Bolivian husband could prevent his foreign-born
wife and her children from leaving the country.
90. Members asked whether the legal equality and joint responsibilities as
described in paragraph 376 of the report were leading to social
inequalities.
91. Members urged the Government to reconsider the provision described in
paragraph 326 of the report, according to which a woman had to observe a
timelimit of 300 days before marrying again. They sought clarification of
the provisions governing the name of a person, as described in paragraphs
309 and 310 of the report and asked whether it was true that in spite of
the rights of mothers to transmit their name to their children it was still
the husbands who decided what was happening in the family.
Concluding comments of the Committee
Introduction
92. The Committee commends the Government of Bolivia for submitting the
report within the required time and for following the guidelines. The
Committee noted that the oral presentation complemented the original report
submitted in 1991 and concentrated on the time between 1992-1995, during
which the country undertook major efforts to promote gender policies that
were beneficial to the advancement of women, thereby overcoming a neutral
policy which did not differentiate between men and women, and which
maintained stereotyped role models. The Government applauded the efforts
of the non-governmental organizations as well as the efforts of the present
Government.
Positive aspects
93. The Committee noted that Bolivia had made great strides in introducing
and institutionalizing public policies with a focus on the gender
perspective. This has been reflected in the establishment of a government
agency for gender issues, the National Secretariat for Ethnic, Gender and
Generational Affairs. The Committee noted also that the Secretariat was in
charge of policies and programmes which had taken an inter-sectoral and
regional approach.
94. The Committee considered that the recently promulgated Law on Popular
Participation was of great importance, as it decentralized power and
resources to the municipal level, giving grass-roots organizations,
including women's organizations, a legal recognition and access to
resources. Thus, the law aimed at providing equal opportunities to grass-
roots organizations by mandating municipalities to pursue a gender
perspective in their policies.
95. The Committee commended the educational reforms, which were aimed at
providing bilingual education, favouring thereby the education of girls,
and the development of a multicultural society crossing gender barriers.
Principal subjects of concern
96. The Committee noted with concern that the budget of the Bolivian
national machinery for women was only partially financed from the national
budget and was largely dependent on international subsidies.
97. The Committee expressed concerns about the impact of structural
adjustment programmes on women and the feminization of poverty.
98. The Committee noted with concern the specific disadvantages of rural
women.
Suggestions and recommendations
99. The Committee recommends to the Government of Bolivia to give
particular attention to amending article 276 of the Penal Code to abolish
the provision which inhibits a just solution to the problems of domestic
violence.
100. The Committee recommends that for the effective political
participation of women the Government establishes quotas for women's high-
level representation in the public administration and calls the attention
of political parties to that effect.
101. The Committee would like to see in the subsequent report statistics
which show the results of programmes such as the Popular Participation
Plan, the National Plan for the Prevention and for Eradication of Violence
and the educational reform.
102. The Committee suggests to the Government to look into the various
aspects of prostitution which is regarded as a severe case of human rights
violations and one of the most heinous forms of slavery.
103. The Committee requests that the plight of rural women be given more
visibility in the next report, including measures to mitigate it.
104. The Committee recommends that an inventory should be made of the laws
that are discriminating to women, with a view to having them amended.
Chile
105. At its 264th and 271st meetings, on 18 and 24 January 1995, the
Committee considered the initial report of Chile (CEDAW/C/CHI/1).
106. In introducing the report and its update, the representative of Chile
stressed the importance of international commitments, and in particular the
Convention, for the Chilean Government. She also pointed out that the
recent political changes in Chile had not affected the programme for the
implementation of the Convention, thanks to the continued and sustained
process of consultation promoted by the Government. Special efforts had
been made by the National Office for Women's Affairs (SERNAM) in order to
update the initial report presented in 1991.
107. The representative pointed out that although abortion was illegal in
Chile, in 1990 one out of every three pregnancies had ended in abortion.
Fertility has diminished in every age group. Family planning policies were
aimed at establishing non-discriminatory access to birth control and to
methods for overcoming infertility. Fewer women were infected by the human
immunodeficiency virus (HIV), than men, though there had been a significant
increase in the number of women infected.
108. She indicated that the poverty rate was higher among women than among
men and that women represented an increasing proportion among the poor.
Currently, one of every four households were female-headed and these tended
to be poorer than those headed by men. She further reported that, in 1991,
SERNAM had adopted a national programme for the prevention of domestic
violence.
109. The representative highlighted that the participation of women in the
workforce had increased significantly in the formal and informal sectors in
the last few decades and that female employment was increasing at a faster
pace than that of men. Nevertheless, the unemployment rate for women was
higher than that for men. She also reported that women's level of
education had improved. However, women had not been able to improve their
position in the job market because an unequal value was assigned to their
work. Moreover, studies had revealed that the higher the level of
education the woman had, the greater the salary discrimination.
110. The representative noted that women have had little involvement in
the executive branch of Government; currently, the Government had three
women ministers. Women's participation in the legislative branch had been
traditionally low. During the period from 1990 to 1994, there were only
6.5 per cent and 5.8 per cent of women among senators and deputies
respectively. Women's political participation had increased in political
parties and in some of them they accounted for 40 to 50 per cent of
members. While there was a dialogue regarding political discrimination
against women, there remained a low presence of women at decision-making
levels.
111. The representative stressed that the political context of Chile
explained why there had been limited legislative changes introduced by the
Government, particularly where women were concerned. The current delicate
political equilibrium, reached after 17 years of dictatorship, had created
a situation in which it was extremely difficult to pass legislation without
the agreement of the current opposition.
112. The representative stressed that the policies of the military
Government towards women had been assistance-oriented and paternalistic and
that they had reinforced traditional patterns regarding the role of women
in society. In response to women's demands, in 1990 the first democratic
Government had appointed women to top positions and had created SERNAM.
The achievements of SERNAM between 1991 and 1993 had included recognition
of discrimination against women, strengthening of SERNAM's institutional
mechanisms and the recognition of some persistent realities such as
domestic violence and the precarious status of women working from home.
113. The representative stressed that, in order to add a gender dimension
to all government policies, the current Government assumed that
discrimination against women was not expressed through occasional or
partial situations, but rather was systematic and hence required structural
and cultural changes. Consequently, the Government had designed an equal
opportunity policy which aimed at reversing structural change so as to
eliminate discrimination. Over the next decade, programmes and action
plans would be undertaken within that framework. The representative noted
the complicated process of implementing the policy, which required
coordination among ministries and the identification of areas of top
priority and their integration into the targets and budget plans of each
ministry.
114. For the period from 1994 to 1999, an equal opportunity plan had been
designed as the fundamental instrument for accomplishing the first stage of
the equal opportunity policy. The plan sought to increase and improve the
position of women in the labour market, as well as to promote their
political and social participation, specifically in top decision-making
levels. The implementation of the plan would have collateral effects on
the legal system, on health, training and educational policies and on the
modalities of child care, as well as on the sharing of responsibilities
between women and men.
115. The promotion, implementation and follow-up of the plan were SERNAM's
main responsibility. Institutional reinforcement of SERNAM was thus a top
priority, particularly as adequate execution of the plan and similar
positive action would contribute to Chile's compliance with the Convention.
General comments
116. The members of the Committee welcomed Chile's return to democracy.
They noted with satisfaction that Chile had ratified the Convention without
reservations.
117. Members expressed their concern that Chile's initial report did not
follow the guidelines as defined by the Committee and recommended that they
be taken into consideration when writing future reports. Members of the
Committee offered advice on this matter. Concern was also expressed
regarding the lack of statistics and more concrete data as to women's
progress towards de facto equality in all areas of life. The
representative noted that the 1994 updated version of the initial report
followed the structure suggested by the Committee and that it contained
many answers to their preoccupations.
118. Members emphasized that after 17 years of dictatorship it was
necessary to reinstate women's human rights, and asked whether measures had
been taken in that regard by the democratic Government. The representative
said that women's protagonistic action against the dictatorship in the past
had helped to create SERNAM and to introduce their concerns into the
governmental agenda. However, she informed the Committee that the women's
movement had reduced its political involvement. She pointed out that good
working relationships existed between SERNAM and women's non-governmental
organizations.
119. In reply to the concern expressed by members regarding the neo-
liberal economic model and as to whether action directed towards the
prevention and reduction of its negative effects on women was planned or
being taken, she informed the Committee that the Government had opted for a
model based on growth with fairness. In that context, the Government
played an active role in linking economic and social development with its
redistributive role, as well as with the implementation of policies
targeted to various social sectors and defined groups. She informed the
Committee that the Government had designed a national programme to overcome
extreme poverty. In this framework, SERNAM was executing various
programmes, including the national programme for women heads of households,
in coordination with other ministries. That programme followed an
intersectoral approach, including ageing women. The representative also
elaborated on five measures for women in agricultural work. Some members
suggested the need for action concerning infant mortality, the remuneration
gap between women and men and female unemployment.
120. Members commended the establishment of SERNAM at ministerial rank and
requested more information on its programmes, goals, institutional
relationships and power.
121. Members asked whether non-governmental organizations had participated
in the preparation of the Chilean report and been requested to publicize
and disseminate the report, together with their comments. In that context,
members wanted to know whether cultural and religious factors were not also
part of the obstacles impeding legal changes and asked for information
about the participation of men in action towards the advancement of women
in Chile.
Questions related to specific articles
Article 1
122. In reply to the concern expressed by members on the lack of a
definition of the legal term of discrimination in the Constitution of
Chile, the representative replied that Chile did not consider this as
necessary since the Convention was considered law under article 5 of the
Constitution concerning the ratification of international treaties.
Article 2
123. Members requested more information on the equal opportunity plan,
including its goals, its impact on general public policy and its
legislative base. The representative informed the Committee that the plan
addressed eight areas: legislation, family, education, culture, work,
health, participation and institutional support. The plan showed that the
commitment of the entire Government had been presented to the executive,
and a formal act of adoption was planned for 8 March 1995. She drew
attention to the updated report and specifically its discussion of article
2, which noted action undertaken under the plan to date, including
legislative reforms.
Article 3
124. In answering the questions regarding the status of SERNAM and its
implementing capacity, the representative noted that SERNAM was created by
law and that its Director had a ministerial rank. She pointed out that its
budget and legal projects were directly negotiated by SERNAM in Parliament
and that SERNAM had a direct relationship with all ministries. It had a
coordinating rather than an executive role by choice. She added that the
concerns and needs of women should be in the mainstream of public action
and the specific ministry should carry out the executing activity.
However, when an institutional gap existed, SERNAM executed programmes such
as centres for information on women's rights and programmes for women heads
of households, the prevention of domestic violence, temporary workers and
the prevention of early pregnancy. SERNAM also had regional offices, with
their directors being members of the regional cabinets.
Article 4
125. Members requested more information on the interpretation and
implementation of article 4, as they had noticed that certain measures
taken by Chile had eliminated the protection of women. The representative
made reference to International Labour Organization (ILO) Convention No.
156, which was ratified by Chile in October 1994. The objective of that
Convention and of various measures taken by the Government was to encourage
men to assume and share family responsibilities.
Article 5
126. Members expressed their appreciation for the high priority given by
the national machinery to the prevention and elimination of violence
against women in the family. Regarding the sanctions against offenders
proposed by Law No. 19.325, the representative informed the Committee that
there were three types: obligatory attendance for therapeutic advice;
fines; and, in more serious cases, prison. In addition, protective
measures existed such as the right of the woman to leave the home and to
have the family income protected. In response to questions as to whether,
in cases of violence, the Convention could be invoked in court, the
representative recalled article 5 of the Constitution of Chile, which gave
the Convention the status of law. She informed the Committee that training
and sensitization programmes for police personnel had been organized.
127. Members expressed concern about the high number of rapes reported and
requested information on the legal and practical measures taken to combat
that situation.
Article 6
128. Members expressed concern regarding the situation of women
prostitutes and their vulnerability to violence. In reply, the
representative recognized that Law No. 19.325 referred only to domestic
violence and excluded prostitutes, which were under criminal law. She
emphasized that in Chile the practice of prostitution was not condemned and
added that sanitary control of women prostitutes was guaranteed. She
agreed with the suggestion that studies and statistics on this specific
group should be developed in order to focus policies and programmes, also
in view of the danger of HIV infection of prostitutes.
Article 7
129. In response to requests for more information on the implementation of
article 7, the representative said that Chile had ratified the Convention
on the Political Rights of Women and had participated in the
Interparliamentary Conference in Paris. She welcomed suggestions to create
networks among women who had played a role in the recuperation of democracy
in Chile and to study mechanisms such as quotas, which were seen as the
most expeditious way of increasing the presence of women in positions of
political decision-making.
130. Members raised questions as to the situation of political
detainees. It was asked whether the Government had any policy to help
women who had suffered from the effects of detention, directly or
indirectly. The representative replied that a law had been adopted
specifying the benefits established by the Government to help the affected
families.
Article 8
131. Responding to questions regarding the representation of Chilean women
on the international scene, the representative emphasized that an increase
in the diplomatic service would take time, but that efforts were being made
to have visible female representation at high-level international
conferences.
Article 10
132. Members noted that Chilean textbooks contained serious sex-role
stereotyping and suggested changes. The representative replied that a non-
sexist education law had been signed and that a seminar to train teachers
in gender sensitivity had taken place. Guidelines for model textbooks were
planned for 1995.
133. Members welcomed the initiative of the programme on education for
peace and requested more information. In reply, the representative said
that the programme was linked to the implementation of the Convention on
the Rights of the Child and was being implemented by the Ministry of
Education. The programme introduced students to human rights as well as to
peaceful conflict-solving methods and was implemented in public and private
schools.
134. Members noted the negative relationship existing between women's
level of education and their remuneration compared to men. They asked what
was causing the situation, whether it was affecting access by girls to
higher levels of education and what measures were being taken by the
Government in order to rectify the situation. Members also expressed
concern about the levels of female illiteracy and requested information
about its causes and whether any programme had been designed to help female
adults to continue their education.
Article 11
135. Following a request for information on female temporary workers, the
representative said that general policies directed to all agricultural
workers guaranteed the limitation of working hours and basic working
conditions. In that context, the Government had ratified various ILO
conventions on working conditions for both women and men. Specifically,
she pointed to local implementation of the heads of households programme,
which included measures such as child care, training, education, promotion
of women's public participation and provision of medical attention.
136. The representative agreed with observations that part-time employment
could lead to women's marginalization in the labour market. She informed
the Committee that SERNAM had studied women's real interests as well as
experience acquired in other countries. In reaction to a comment on
SERNAM's emphasis on the reproductive role of women and what the role of
men should be in that respect, she said that the changes introduced in
labour legislation sought to ensure shared family responsibilities between
men and women. New initiatives such as day-care centres in the workplace
for both working fathers and mothers were being introduced. She also
stressed that in 1994 Chile had ratified the ILO Convention on the matter.
137. Following a request for information on whether SERNAM had taken any
action to improve women's working conditions, she replied that there was a
law of the Ministry of Labour which provided for training of its personnel
on specific issues such as maternity leave and non-discrimination. The law
was supported by the World Bank and was considered as a special instrument
to improve the situation of working women. Members wanted to know whether
labour legislation gave any guarantee for equal remuneration as established
in ILO Convention No. 101 and whether Chile had ratified that Convention.
Members requested information on whether pregnancy was used to discriminate
against women in the labour market, as well as on wage disparities in the
public sector.
Article 12
138. Members noted the alarming levels of teenage pregnancy and inquired
whether action was going to be directed to that sector of the female
population, specifically regarding access to education. The representative
replied that a special programme was planned in cooperation with the United
Nations Population Fund (UNFPA) to prevent early pregnancy and give support
to pregnant adolescents. The project consisted of providing information in
schools and a study of sexuality among Chilean youth and dissemination of
its results. An administrative circular issued by the Ministry of
Education had prohibited discrimination against pregnant students but it
had not been implemented in most schools because it was not a law. Efforts
were being made by the Government, in the Parliament and through public
opinion to transform it into law.
139. Members were seriously concerned by the fact that though abortion was
illegal, it was nevertheless practised widely. They inquired whether the
Ministry of Health was proposing concepts of family planning, how illegal
abortions were recorded and how rural women could afford it. In response,
the representative replied that Chile had signed the final document of the
International Conference on Population and Development at Cairo without any
reservation. Although family planning policy had been neglected for many
years, the Ministry of Health was handling a programme for paternal
responsibility, informing men and women of the various means of
contraception. She recalled that the Government considered the practice of
abortion a serious public health problem, that it could not be seen as a
means of contraception and that its prevention was one of the purposes of
the family planning policies. The family planning policies sought to
improve the health conditions of mothers and children while affirming the
rights of every family to have the number of children it desired.
140. The representative, in response to questions on consciousness-raising
activities regarding HIV and acquired immunodeficiency syndrome (AIDS),
replied that a special commission had been set up among various ministries
and that campaigns had been organized in the media. She added that action
was very slow because there was no consensus on the issue among social
sectors and religious organizations.
Article 14
141. Members required more information on rural women living in poverty.
The representative informed the Committee that efforts to collect accurate
data had been made by the Government, which had helped to quantify the
extent of rural women's poverty problems. She referred to measures
directed towards rural women, such as the provision of child care,
introduction of legal changes and, in some cases, access to property for
women heads of households. Members suggested educational measures and
income-generating activities. The development of appropriate technologies
was also suggested in order to reduce the burden of their many activities.
Article 15
142. In reaction to concern expressed by members on divorce, the
representative agreed that this was also a governmental preoccupation,
especially in the context of a very high number of marital separations.
She emphasized that, in Chile, there was no consensus on the issue. The
Government was opening the discussion for public debate. Meanwhile, some
members of Congress were drafting a law to be presented to Parliament.
143. In response to requests to highlight the legal capacity of married
women to manage their property and the types of regimes existing, the
representative replied that women had complete legal capacity in those
matters and that recent legal changes had been introduced concerning the
property of married persons, which took into consideration the economic
protection of married women.
Article 16
144. Members asked for clarification regarding the legal status of
children and parental authority and guardianship. The representative gave
information on a recent law, still pending for adoption by the Senate,
which would establish equality of rights for legitimate and illegitimate
children, extend parental authority and guardianship to the mother and
permit the establishment of paternity by blood tests.
145. Information was also requested by members on the minimum age for
marriage in Chile and whether it was the same for both sexes. They were
informed that there was a Committee's recommendation suggesting that the
age should be 18, which would be compatible with the accorded age for
accessing voting, civil and penal responsibilities.
146. In response to inquiries as to whether provisions existed giving the
same protection and rights for financial support to married and unmarried
women, the representative replied that married and unmarried mothers had
equal rights to receive financial support for their children, but not for
themselves.
Concluding comments of the Committee
Introduction
147. The Committee congratulated the representative of the Government of
Chile on the presentation of the report and on the effort the Government
had made to update the information submitted, which reflected a number of
advances since 1991. The Committee also welcomed the presence of the
Minister and Director of the National Office for Women's Affairs.
148. The Committee referred to the fact that those who prepared the report
followed neither the standard format nor the Committee's recommendations
concerning the interpretation of certain articles and the submission of
information on them.
149. The Committee noted that the report was descriptive and general in
nature, with few analytical references supported by concrete data and
statistics. It noted further that in the discussion of the implementation
of the articles, more attention was given to responses having to do with
legal and normative provisions, and not enough information was provided on
concrete actions. The Committee noted that this made it impossible to
determine the extent of the gap between de facto and de jure equality.
Positive aspects
150. The Committee acknowledged the political will demonstrated by
government administrations during the democratic period in seeking to
improve the status of Chilean women, and drew particular attention to
following clearly positive actions:
(a) The ratification of the Convention on the Elimination of All Forms
of Discrimination against Women and its incorporation into national law;
(b) The progressive introduction of legal reforms, specifically directed
towards eliminating discrimination and protecting women's rights;
(c) The creation of the National Office for Women's Affairs (SERNAM),
designated as the body responsible for coordinating the initiatives of the
executive in implementing the provisions of the Convention;
(d) Starting a peace-oriented education programme in the schools
especially on the issue of all forms of violence against women to implement
the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights;
(e) Starting a local Heads of Households Programme to improve the
situation of women;
(f) Improving the working conditions of female agricultural workers.
Principal subjects of concern
151. The Committee expressed concern about laws which still contained
discriminatory provisions, and about situations in which women were at a
disadvantage compared to men, which contradicted the clear advances
achieved in democracy and economic development in the State party.
152. The Committee also expressed its concern about the situation of rural
women who did not have access to the same opportunities for the same
services as those in the cities, as well as the low percentage of women in
positions of political responsibility and about maternal mortality
resulting from clandestine abortions.
Suggestions and recommendations
153. The Committee suggests that the Government of Chile should prepare
its second report according to the guidelines, and that it should provide
more complete, well-grounded information that would reflect the real as
well as the legal situation of women, including the obstacles encountered,
rather than basing itself on legal references.
154. The Committee urges the State party to promote the elimination of
still existing discriminatory legal provisions especially in relation to
the family and to bring Chilean legislation into line with the Convention.
155. The Committee urges the State party to introduce legislation opening
up the rights to legal divorce.
156. The Committee requests the State party to provide more complete
information, including relevant statistics, in its next report on the
implementation of each of the articles, especially on topics such as
violence against women, prostitution, political participation, reproductive
health, working conditions and wages, the situation of "temporary" workers,
women living in poverty, the de facto situation of women in the family,
teenage pregnancy and the status of non-governmental organizations.
157. The Committee expresses interest in receiving information on the
possible further strengthening of SERNAM. It also asked for more
information on the implementation of the equal opportunities plan.
158. The Committee recommends a revision of the extremely restrictive
legislation on abortion, taking into account the relationship between
clandestine abortion and maternal mortality.
159. The Committee suggests that SERNAM should disseminate the report it
had submitted to the Committee, together with the Committee's comments, as
a means of heightening the awareness of those sectors that might be in a
position to help improve the status of Chilean women.
--2. Initial and second periodic reports
Mauritius
160. The Committee considered the initial and second periodic reports of
Mauritius (CEDAW/C/MAR/1-2) at its 268th and 271st meetings, held on 20 and
24 January 1995.
161. In her statement, the representative of Mauritius described the
legal, political, institutional and economic framework in her country for
the implementation of the Convention and highlighted the legal and
practical changes that had taken place since the submission of the report.
She pointed out that structural adjustment in the country had actually
benefited women in terms of their access to employment and integration in
the economy. Despite the general economic hardships associated with
adjustment, the Government had found it possible not only to avoid cutting
expenditure on social programmes but actually to expand the national
machinery for the advancement of women by creating a new Ministry for
Women's Rights. Having highlighted positive developments in women's
employment, education and health, she acknowledged the persistence of
certain legal, administrative, cultural and religious barriers to the
equality of women and the improvement of their socio-economic status. She
emphasized the continuing commitment of her Government to the advancement
of women and its determination to promote women's rights in general and on
the basis of a forthcoming White Paper on Women and Development, in
particular.
General observations
162. Members of the Committee commented on the concise, comprehensive and
frank nature of the presentation made by the representative of Mauritius
and on the country's considerable achievements in implementing the
Convention. They were particularly impressed by the strong commitment of
the Government of Mauritius to the goal of the advancement of women and by
the fact that social services and funding for women's organizations had not
been cut off even in difficult times of structural adjustment and
recession. They noted with satisfaction that cooperation had been
established with some of the specialized agencies of the United Nations to
promote women's development.
163. Several experts expressed great satisfaction with the withdrawal of
reservations to articles 11.1 (b), 11.1 (d) and 16.1 (g) of the Convention.
One expert pointed out that Mauritius was one of those rare countries where
the Convention itself was being used to reform the domestic legal and
economic systems so as to achieve greater compliance.
164. Members of the Committee pointed out that the report would have
benefited from a clearer presentation of how the situation in the country
had evolved since the preparation of the first report and from greater
highlighting of the obstacles that still existed.
165. It was pointed out that chapters 2.3 and 16.3 of the Constitution of
Mauritius, dealing with the protection of fundamental human rights and the
definition of discrimination respectively, had been formulated without
regard to gender. It was suggested that that fact might bring about
internal inconsistency in the Constitution as far as issues of
discrimination were concerned. If that was indeed so, the situation should
be rectified.
166. Members noted the positive developments that had taken place in
Mauritius with respect to the increase in women's employment, the promotion
of their human rights and their economic independence, which, as one expert
pointed out, was the main prerequisite for their advancement and the
preservation of their dignity. However, they expressed concern at what
appeared to be excessive emphasis on directing female employment towards
industrial occupations in export-processing zones and in the private
sector.
167. It was suggested that article 4 of the Convention should be fully
utilized to ensure that there were more women in positions of economic
decision-making rather than merely to increase further their number in the
traditional sectors, where women had long been overrepresented. With
respect to special positive discrimination programmes, one expert cited the
conversion of two coeducational State secondary schools into schools for
girls only, pointing out that that measure was in fact negative since it
promoted segregation and was contrary to the Nairobi Forward-looking
Strategies. Another expert pointed out that protective legislation was
problematic in terms of its impact on the equality of women and men. It
did not fall into the category of special temporary measures to accelerate
equality. In her opinion, the report of Mauritius reflected a
misunderstanding of what affirmative action was. The industrial sewing
programmes reinforced labour-market stereotypes, and courses in banking and
management should be considered instead.
168. Concern was expressed by members of the Committee regarding the
report's lack of data on violence against women. Given the widespread
nature of the problem and its acute consequences, more information was
needed. One expert commented on section 253 of the Criminal Code: in her
view, the Code was designed to protect society from prostitution but not to
address the issues of the exploitation of women engaged in that activity
and of violence against them. Concern was also expressed regarding the
potential of sex-tourism in the light of the rapidly growing tourism sector
in Mauritius.
169. Having expressed satisfaction with the progress made by the
Government of Mauritius in the elimination of discrimination against women
and in their continuing advancement in the economic and social spheres, one
expert expressed particular interest in the White Paper on Women in
Development currently being prepared by the Government. She expressed
confidence that the paper would open new possibilities for addressing
issues of special concern to women in the country.
170. Having described female literacy programmes as highly commendable,
one expert expressed concern regarding the content of such programmes,
which currently served to confirm women in their traditional roles. She
also noted that there were no courses on family nutrition.
171. One expert noted that the Labour Law, which forbade night work by
women, was in fact discriminatory; night work was usually better paid.
172. One expert praised the Government for the initiation of programmes
for the early detection of breast and cervical cancer, which reflected the
fact that women's distinctive physiological needs were finally being
addressed. She noted a contradiction, however, with respect to the
provision of family planning. On the one hand, the report emphasized free
and accessible family planning services and, on the other, it pointed to
the widespread problem of illegal abortion.
Questions related to specific articles
Article 1
173. Members of the Committee pointed out that the Constitution of
Mauritius did not define discrimination in terms of sex. One expert
commented that that implied that no laws on discrimination against women
existed. Members asked whether the Government intended to revise the
Constitution so as to remedy that problem and whether the enactment of
equal opportunity legislation was considered. In her reply, the
representative of Mauritius indicated that her Government would consider
the amendment of the Constitution after the issues of citizenship and
nationality were addressed.
Article 3
174. Members asked what the exact relationship between the National
Women's Council and the Ministerial Committee was and what the relationship
of those two bodies to the Ministry for Women's Rights and Family Welfare
was. They also wanted to know if there was a problem of coordination
between those bodies and whether the cooperation between the Ministry for
Women's Rights and other ministries was fruitful. They also wanted to know
whether desk officers reported on problems in their ministries.
175. The representative of Mauritius replied that the responsibilities of
the National Women's Council involved the organization of women's
associations and the facilitation of dialogue between the State and women
through those associations. The Ministerial Committee, for its part, was
made up of desk officers in various sectoral ministries who met and
discussed problems that were encountered in their ministries in the
implementation of gender policy and shared information on projects that
were carried out by their ministries and had an impact on women. The work
of the Ministerial Committee was somewhat inefficient owing to the lack of
prior training of desk officers in gender analysis and gender planning and
also because of the transfer of officers. However, the Committee had worked
successfully on an ad hoc basis for the preparation of the White Paper on
Women in Development and the national report on the implementation of the
Nairobi Forward-looking Strategies and its staff participated in seminars
and meetings, thereby contributing to the solution of various problems.
The training of desk officers in gender analysis was on the agenda of the
Ministry for Women's Rights for 1995 and a consultant had been made
available by the United Nations Development Programme (UNDP) for that
purpose. A link existed between the Ministerial Committee and the National
Women's Council in that the Council was managed by a committee which
consisted of the representatives of women's associations and of desk
officers from the most important ministries in the social sector, such as
the Ministries of Education, Health, Economic Planning and Development,
Social Security and Youth and Culture.
Article 4
176. Members of the Committee noted that the report indicated that there
was provision for police training for women and for the development of a
corps of policewomen. It was asked whether that idea would be extended to
the national judicial system. In reply, the representative of Mauritius
said that the training of judges and magistrates would have to be looked
into especially in connection with the creation of a Family Court, which
was on the Government's agenda.
177. Members wanted to know what was meant by specific protective
legislation for women in agriculture and manufacturing. In particular,
they asked if it really protected women in those sectors or if it in fact
helped to perpetuate employment segregation. The representative of
Mauritius replied that women in agriculture had indeed benefited from
protective legislation: they were no longer required to perform strenuous
field operations. Women in the advanced stage of pregnancy were prohibited
from lifting heavy loads and were provided with light field work. The
option of early retirement at the age of 55 was opened to women in the
sugar and salt industries. As regards industrial employment, women in an
advanced state of pregnancy were not required to perform jobs that involved
continuous standing. Also, a discriminatory clause that had not allowed
women to aspire to the post of "factory operator" had been removed in 1989.
Women employed in the industrial sector were not compelled to do overtime.
They now enjoyed privileges with respect to refunds of their transportation
fees. Pregnant women who had 12 months of continuous employment received
full maternity benefits that included 12 weeks of paid leave, cash
allowances and 1-hour nursing breaks.
Article 6
178. In response to the concern expressed by members of the Committee
regarding the lack of data on violence against women, the representative of
Mauritius informed the Committee that the issue of violence was very
sensitive and that victims were often reluctant to report such abuse. She,
however, provided the Committee with some statistical information on
domestic violence in her country. Specifically, from 1991 to date, 107
cases of incest and 431 cases of child abuse had been reported. Also, from
1989 to date, 1,500 cases of the battering of women had been reported.
179. Members inquired about laws governing the solicitation and purchase
of a prostitute's services. They also wanted to know if prostitutes were
undergoing regular medical check-ups. Members inquired whether there were
any specific laws designed to protect minors from sexual tourism. They
also wanted to know if immigrant women were among prostitutes and if there
were laws against trafficking in women.
180. In response, the representative of Mauritius informed the Committee
that there was no registration of prostitutes in her country and that
prostitutes therefore operated illegally. She however pointed out that,
owing to the sensitization campaign on AIDS, they were now more conscious
of health hazards associated with their profession. She cited a television
source, according to which prostitutes underwent regular medical check-ups.
She referred to the relevant sections of the Criminal Code and the Child
Protection Act that stated that procurement, enticement or exploitation of
adults and children for purposes of prostitution were considered an offence
and were subject to penalties.
Article 7
181. Members of the Committee wanted to know what had been done to
encourage women's participation in the diplomatic service and how their
participation in the diplomatic service compared with the progress made by
them in the judicial system.
182. The representative of Mauritius responded that the foreign service
was open to both men and women and that recruitment to the foreign service
was on the basis of an entrance examination. Currently, the Mauritian
diplomatic service was comprised of 51 members, including 7 women. The
disparity in numbers was primarily due to the lack of qualified women
candidates and not to discrimination against women. There was currently
one female puisne judge (out of six) and both the Master and Deputy Master
in Bankruptcy were women. Also, 3 of the 12 District Court magistrates
were women. Thus, in general, women were well represented in the judicial
system, although their participation was somewhat low in the various levels
of court administration.
183. One expert asked whether the multicultural and multiracial fabric of
Mauritian society had created internal problems and, if so, what impact
those problems had on women. The representative of Mauritius replied that
there was no indigenous population in her country and that people of
various races and cultures from Europe, Asia and Africa lived in perfect
harmony. Given the extreme diversity of the population in Mauritius, the
Government was extremely cautious and prudent in dealing with issues that
could upset the balance and disrupt the social fabric. She stated that
comments made by members regarding dangers of cultural strife and its
adverse impact on women had been noted.
Article 10
184. Members commented that the courses offered by the adult education
programmes run by the Ministry for Women's Rights were primarily in
industrial sewing, secretarial skills, embroidery and handicrafts. It was
asked whether any other types of training was available to women and what
the Ministry for Women's Rights intended to do about that situation.
185. Replying to the question, the representative of Mauritius informed
the Committee that the Ministry of Women's Rights provided training
primarily to low academic achievers who did not have access either to
training provided by the Industrial Vocational Training Board or to that
provided by private institutions. The main objectives of the training
offered by the Ministry to those women were to provide them with basic
skills to help them in their family life, to discover their talents and to
achieve a certain degree of selffulfilment. The Industrial Vocational
Training Board, responsible for the provision of training in Mauritius,
offered training in electronics, engineering and other professional fields
that were open to women.
186. In response to the comment on the conversion of two coeducational
State secondary schools into schools for girls only, she said that that
decision had been taken in consideration of the cultural environment and
educational tradition of her country. The practice helped in the effective
teaching and learning process and allowed teachers to utilize different
approaches to teaching boys and girls. She assured the Committee that that
specific conversion did not lead to segregation, but instead, provided
additional educational opportunities for girls at the right time.
Article 11
187. The Committee noted the withdrawal of the reservation to articles
11.1 (b) and 11.1 (d). They wanted to know what new laws had been adopted
in Mauritius to allow the reservations to be withdrawn and if all the legal
procedures with respect to the withdrawal of those reservations had been
followed properly.
188. In her reply, the representative of Mauritius stated that all the
necessary procedures regarding the waiving of the reservations on parts of
article 11 (as well as of art. 16) had been followed. Those procedures
included consultations with the State Law Office and at Cabinet level.
Given the changes in the economic and social situation in the country that
had taken place between 1984 and 1991, the State Law Office had agreed to
the withdrawal of those reservations, which had been followed by government
approval.
189. Members noted that the report indicated that, under the Labour Law
and the export-processing zone act, women in Mauritius were entitled to
maternity leave for only three pregnancies. They asked what would happen
when a fourth pregnancy occurred, particularly in the light of the strict
laws on abortion. The representative of Mauritius responded that paid
maternity leave was restricted to three confinements. Female employees
were granted leave without pay after the third confinement. She also
pointed out that that provision was in line with the national population
policy to discourage large families.
190. As to the policy of granting an employed woman a one-hour break to
breastfeed her child, members wanted to know how that provision was
implemented and whether that law was necessary for working mothers. The
representative replied that practical difficulties were encountered in
implementation of that provision because there were few nurseries near the
factories. She said that the law had been enacted to encourage breast-
feeding.
191. As to when the labour law covering employment within the export-
processing zone would be amended so that women working in that sector could
enjoy the same working conditions as those in the public sector, the
representative of Mauritius pointed out that the public and private sectors
in her country operated under different conditions and that it was not
economically feasible at the present stage of economic development to
provide the same working conditions in both sectors. She noted, however,
that the Export Enterprises Regulations enacted in 1983 fixed wages and
some other conditions of employment.
192. Regarding what impact changes in fiscal and taxation policies and in
the price index had on women, she replied that it had not been
scientifically studied. However, the reduction in capital expenditure had
led to a freeze in the construction of State secondary schools and
subsidized housing that might have reduced women's access to education and
proper housing. She also pointed out that that trend had been reversed
since the late 1980s and that those sectors were currently in full
development. Women had been direct beneficiaries of the Government's
policy to adopt new taxation policies in that they could now file their
income tax returns separately and could deduct benefits individually.
193. Members noted that women's participation in the labour force was
growing rapidly in Mauritius and asked if the Government had projects to
meet the increasing demand for health care, day care and retraining. They
also wanted to know if the increasing employment rate was associated with
positive developments only or if it had some negative aspects as well. The
representative of Mauritius stated that the rapidly growing participation
of women in the labour force in her country had tripled the burden on women
and that they needed to be provided with community support services. Her
Government had embarked on the provision of such services in collaboration
with non-governmental organizations, local governments, the private sector,
etc.
194. Members noted with concern that the report indicated that minors
under the age of 16 were allowed to work, which, according to the relevant
International Labour Organization Convention, was wrong. It was pointed
out that the report did not provide any information on where minors were
working, whether there were any special laws governing their employment and
whether their employment was monitored by the Government. The
representative of Mauritius informed members that the Labour Law in her
country prohibited the employment of a person under 15 years of age and
that in 1990 her Government had ratified ILO Convention No. 138 on minimum
age for employment and was determined to eliminate child labour, which at
the moment represented 0.7 per cent of the Mauritius working population.
She pointed out that the report of her Government referred to age 16 as the
age when minors were allowed to work.
Article 12
195. Members of the Committee asked what the Ministry for Women's Rights
was doing to improve the poor quality of life of women in Rodrigues. What
was done with respect to the provision of health services and job
opportunities for women in Rodrigues and to the improvement of social
infrastructure? The representative informed the Committee that there was a
Ministry for Rodrigues, which dealt exclusively with the situation there.
She also stated that new information had been collected and updated. The
situation in Rodrigues was improving: water, sanitation and roads were
widely available but a lot remained to be done. Figures that reflected the
situation in Rodrigues would be provided in the next report.
196. Members of the Committee asked how family planning reached all women,
including poor women. They also wanted to know what the prospects were for
a revision of the anti-abortion legislation. The representative of
Mauritius replied that family planning in her country was available to
women of all ages, married and unmarried, and was specifically targeted to
teenage women. In spite of the wide availability of contraceptive methods,
about 2,000 complications from abortion were reported each year and it was
not clear whether those were natural or induced.
Article 14
197. Members requested more information on whether women could own land,
what the Government did to enhance women's right to land ownership, and how
that issue affected rural households headed by women. One member found it
encouraging that women in rural areas had the choice to work not only in
agriculture but also in industry. She, however, wanted to know about women
and land ownership: in some countries, women could not own land owing to
social, legal and cultural impediments. Another member also asked if
Mauritian women could own land. In her reply, the representative of
Mauritius stated that women in her country had access to land ownership and
that they had the same rights with respect to land ownership and land
inheritance as men.
198. One member requested clarification of the contradiction between the
statement regarding shortages of labour in the agricultural sector and the
following statement that indicated that the workday in agriculture was from
6 a.m. to 12 noon, i.e. very short. The representative replied that the
shortage of labour in agriculture existed because women as well as men no
longer wanted to work in the agricultural sector in spite of the shorter
hours of work and a comparable rate of pay. They showed strong preferences
for work in manufacturing industry in spite of longer hours, presumably
because work in that sector was regarded as "cleaner" and had more status.
Furthermore, she indicated that it had been the practice in Mauritius,
especially in sugar-cane fields, to work from sunrise to noon in view of
the climate.
199. A question was raised by members as to how environmental degradation
affected rural women and what measures were taken in that respect. Members
noted that changes in food habits were mentioned and asked for more
information and whether it implied a worsening of nutritional standards.
In response, the Committee was informed that a survey conducted in 1988
revealed that 38 per cent of women were anaemic and that obesity was most
prevalent among the female labour force. There was a tendency among the
population to go for fast food and disregard nutritional standards. The
Ministry of Health and the Ministry of Agriculture were engaged in
developing a food and nutrition policy in order to help families to adjust
to new patterns of life in a newly industrialized society. She informed
members that environmental degradation was especially visible in Rodrigues,
mainly through soil erosion and deforestation. Measures to sustain the
environment had been initiated and involved terracing of land,
reforestation, sensitization, waste management and others.
Article 16
200. As to a question on the recognition of religious marriage, the
procedure for the dissolution of religious marriages and whether or not
religious law was applicable to divorce, she stated that religious
marriages in her country had all the effects of civil marriages, that
children of such marriages were considered legitimate and that the civil
law applied to them as well as to divorce procedures.
201. Members inquired if married women in Mauritius were allowed to live
in the parental home. They also wanted to know if a married woman had a
right to shelter in a house other than her husband's or his family's. The
representative replied that a married woman in her country had a right to
live in the family home until her death, even after her husband's death.
The law in her country did not provide for a right to shelter in any other
house.
202. Members asked whether judges were trained regarding divorce and the
interests of the child in the event of divorce. One member suggested that
the Government needed to reform the "300 days" stipulation, keeping women
from re-entering marriage. Another member wanted to know how many
marriages were arranged by parents. In her reply, the representative of
Mauritius stated that no such training for judges existed in her country.
Concluding comments of the Committee
Introduction
203. The Committee congratulated the distinguished representative of the
Government of Mauritius on presenting the comprehensive combined initial
and second periodic report, which was prepared on the basis of the
Committee's guidelines and provided ample statistical data.
204. The Committee expressed thanks to the Government of Mauritius for
ratifying the Convention in full and urged it to use the Convention to
further improve women's status in Mauritius.
Positive aspects
205. The Committee was of the opinion that Mauritius was a country which
had achieved commendable success in social integration while promoting
equal opportunities for women through a strong social programme. It
commended Mauritius for having made a determined effort to ensure equal
rights for all ethnic groups.
206. The Committee further appreciated the fact that despite the
structural adjustment programmes the Government had not cut down on
educational and social benefit programmes concerning women.
207. The positive move on the part of the Mauritius Government in
withdrawing its reservations on articles 11.1 (b), 11.1 (d) and 16.1 (g)
was highly appreciated by the Committee.
Principal subjects of concern
208. The Committee expressed concern that the Constitution of the country
did not cover discrimination on the grounds of sex. The Committee felt
that this had to be reflected in the Constitution.
209. The Committee noted that the report did not provide enough
information on prostitution and trafficking in women and rehabilitation
programmes in this respect. The next report should provide more
information in this regard.
210. The Committee observed a lack of clarity on the nationality law of
Mauritius, especially in areas where rights enjoyed by men and women
marrying foreign citizens varied.
211. The Committee noted that the reasons for the high rate of teenage
pregnancy despite improved family planning programmes were not explained.
The Committee also noted that the report did not specify clearly whether
family planning services were made available to women irrespective of
marital status.
212. The Committee also noted with concern that the development of women
in the Rodrigue lagged far behind that on the main island.
213. The Committee believed that non-academic training such as embroidery,
industrial sewing, etc., conducted as a positive discrimination programme
would only contribute to keeping women to the feminized sector of the
economy.
Suggestions and recommendations
214. The Committee suggests that in the subsequent report, further
information should be given on the national machinery and on what had been
done to institutionalize it at the local levels.
215. The Committee also suggests that more information should be given on
prostitution and government efforts to decrease it and rehabilitate women
involved in prostitution. It also requested more information on the
potential rise of sex tourism.
216. The Committee also encourages the Government of Mauritius to amend
labour laws for the export processing zones and provide respective
information on such efforts in the subsequent report.
217. The Committee requests more information in the subsequent report on
the vocational training programmes for girls and women with specific
emphasis on non-traditional vocational training.
Tunisia
218. The Committee considered the combined initial and second reports of
Tunisia (CEDAW/C/TUN/1-2) at its 269th and 273rd meetings, on 23 and 26
January 1995 (see CEDAW/C/SR.269 and 273).
219. In introducing the report, the representative of Tunisia, emphasized
the important changes that had occurred in 1987, which asserted women's
fundamental rights and promoted their economic and social status. The
first accomplishment after Tunisia's independence was the adoption of the
Personal Status Code, which laid the foundations for a new organization of
the family, based on legal equality of men and women. Tunisia had a long
history of women's emancipation, which led in 1936 to the creation of its
first women's organization. The Tunisian leaders adopted a dynamic
interpretation of Islam, and since 1956, Tunisian legislation had gradually
been establishing the conditions necessary for women's equal status in the
political, economic and social life. This new vision of society had been
widely disseminated and had gradually been adopted by women. Equality of
opportunity was beginning to emerge and was given considerable impetus
through new women's organizations.
220. The representative stressed that in a society such as that of her
country, women's freedom and their rights as citizens remained vulnerable,
and must be continually reinforced. Among the mechanisms created to
achieve that end was the Ministry of Women's and Family Affairs, the
Research, Documentation and Information Centre and the National Women and
Development Commission. Women had been appointed to high-level political
posts and a series of legislative reforms had been sought to remove any
archaic elements remaining from the past. The new vision of the family had
been built on the principle of partnership between the spouses. The most
important amendments referred to the Personal Status Code, the Penal Code
and the Labour Code, and thus women currently entered more fully into the
era of human rights. The greater involvement of women in the informal
sector had also been able to limit the negative effects of the structural
adjustment plan.
221. The representative illustrated, through concrete figures, the
advances made by women in many professions, in decision-making positions
and in schooling, thanks to the policies of universal education, health and
family planning. Since 1956, Tunisian legislation had been modelling a new
society within the framework of modern Islam, gradually abandoning the
static models of thought inherited from traditional society, and the
Tunisian society of today was concerned with following the principles of
religion without sacrificing progress. Major concerns were illiteracy and
the resurgence of backward models under the influence of current
fundamentalism. Tunisia was aware that it could not successfully embark
upon the twenty-first century without allowing an irreversible involvement
of women in its development policy.
General observations
222. The Committee commended the well-structured and comprehensive report,
supplemented by extensive statistical data, and its frank and succinct
presentation and expressed appreciation for the fact that the Minister for
Women's and Family Affairs herself had introduced the report. Bearing in
mind Tunisia's geo-political environment, it paid tribute to the big
strides made by the country for the advancement and empowerment of women
and stated that Tunisia could be considered, even since the 1950s, as a
shining example for other countries, because of its progressive and
programmative interpretation of Islam. The members emphasized the adoption
of the Personal Status Code in 1956 and all the reforms it brought about.
However, they expressed concern at the reservations entered concerning
articles 9 and 16, and in particular, at the language of the general
declaration and the declaration made with regard to article 15, which
seemed to close the door on any future revisions of national legislation.
They expressed the hope that the reservations and declarations would be
withdrawn in the near future. In replying, the representative said that
Tunisia had not entered any reservations regarding other international
treaties dealing with the status of women. The Convention had been
ratified in a particular socio-political context, which was marked by
rising fundamentalism, conservative traditions and related issues.
Although the political vision was enlightened and most of the provisions of
the Convention were already being applied in the country, the specificities
of internal law should not be denied. The general declaration, however, did
in no way intend to detract from the Government's commitment to the
Convention. It was only made to explain the reservations entered. Since
ratification many legal reforms had been introduced in favour of women,
which showed that the country was slowly but surely moving towards gender
equality, and the reservations would certainly be withdrawn before not too
long.
223. While recognizing the efforts undertaken by the Government in the
area of education, members were concerned at the high rate of illiteracy
among girls between the ages of 14 and 24, at the low level of the
participation of women in political decision-making despite substantive
gains made in legal equality and at the current provisions regarding
women's inheritance rights. They stated that Tunisia had not yet succeeded
in filling the gap between the elite and the broader sectors of the
society. While praising all the rights given to women, further information
was requested on the de facto situation of women and on steps taken by the
Government to protect the rights of individual women, irrespective of their
family status. In reply, the representative stated that a general policy
of emancipation and faith in the human being was the driving principle for
all political action, and the measures taken by the President in 1992
marked a certain dynamism in the women's movement. The participation of
women at the last elections had been four times higher than in the past and
the President emphasized in his statements that women should take advantage
of the opportunities provided to them by democracy to develop further their
achievements. Women's rights were fundamental rights, which benefited
women irrespective of their family status. At the same time, while the
family needed to be preserved, decision-making in the family needed to be
shared by women and men. A study had been made on the issue.
224. Referring to pressure exercised by religious extremist groups in
neighbouring countries and to questions raised as to whether there was any
longterm plan that would guarantee women their full democratic rights and
avoid any set-backs and whether Tunisia was collaborating with other
Islamic countries in that respect, the representative replied that, in
Tunisia, democracy was a process based on the principle that its conditions
were fulfilled and that human rights encompassed also economic and social
rights. Political liberty was meaningless without economic independence.
She said that the terrorists who denied women their rights were also
inveterated enemies of human rights in general, and democracy must defend
itself against those forces. Yet Tunisia could not remain isolated in
following the right path and other countries should follow that example.
225. In making an additional comment, a member inquired whether Tunisia
was intending to introduce women's issues into the Organization of the
Islamic Conference.
Article 3
226. Members inquired through which means the national mechanism for the
advancement of women was implementing its policies at the regional level,
what its financial resources were and which steps were being taken to
involve more women in the mainstream of the society.
Article 5
227. Members praised efforts made to correct stereotypes through
presenting a more positive image of women in school textbooks and through
human rights education. Further information was requested on violence
against women of any kind, i.e., domestic violence, rape, sexual harassment
at the work place, violence against female prisoners, in particular
political prisoners, violence against prostitutes and any other vulnerable
groups, and sexual abuse practised by police officers.
228. The representative explained that the phenomenon of violence against
women had only recently become a subject of investigation, and it was
difficult to obtain reliable statistical data because the victims only
rarely reported such incidents to the competent authorities. So far, only
7 per cent of cases of marital violence had been submitted to the Ministry
of Women's and Family Affairs. The subject was no longer taboo and women's
associations were carrying out studies and setting up hot-line services for
battered women. The results of those efforts would be outlined in the
subsequent report. It was equally difficult to obtain trustworthy
statistical data on cases of rape and sexual harassment, and only rarely
were cases reported. Apart from the important change in the Penal Code
regarding conjugal violence, which made rape within marriage a punishable
offence, other new measures to deal with the problem were the institution
of a family judge, the creation of defence and social integration centres,
hot-line services, centres for battered women set up by non-governmental
organizations and media campaigns directed at young people. Violence
against women was dealt with in the framework of a global national strategy
of awareness-raising. In addition to that, the Research Documentation and
Information Centre (CREDIF) had issued a little booklet to disseminate the
contents of the Convention in the schools.
Article 6
229. Responding to questions regarding health care plans for prostitutes,
the representative emphasized that the authorities focused on the health
aspect and instituted mandatory medical visits for prostitutes in order to
prevent sexually transmitted diseases and human immunodeficiency virus
(HIV)/acquired immune deficiency syndrome (AIDS).
230. In reply to questions, the representative explained that regulated
prostitution was not banned because it curtailed clandestine prostitution
and protected minors from abuses. Clandestine prostitution was severely
punished in Tunisia. Replying to a question about the percentage of
regulated prostitution, the representative said that it had drastically
decreased. Currently only 68 women were registered in Tunis as "regulated
prostitutes". The decrease was attributable to the rising living standard,
the progressive eradication of poverty and women's entry into the labour
force.
231. Replying to questions raised by members about the existence of child
prostitution and trafficking in women, the representative stated that
neither of the two had ever existed in Tunisia despite rising tourism.
Asked about measures to prevent minors from engaging in prostitution the
representative said that it was banned by law. Judges could decide to
place delinquent minors in special centres in order to prepare them for
their reintegration into society.
232. Further questions referred to the social reintegration of
prostitutes, and to the protection of the rights of female prostitutes in
practice. Members requested detailed statistical data in the subsequent
report and asked whether the current legislation was not discriminatory in
that it made a distinction between female prostitutes and their male
clients.
Article 7
233. Asked about measures taken to change women's approach to political
life and to encourage girls to alter their views on political matters, the
representative stated that the Ministry of Women's and Family Affairs had
set up an evaluation campaign to assess the impact of development projects
on women. The Ministry was also planning to set up several plans of
action, such as one aimed at rural women and another that focused on better
time sharing by women between professional and household tasks, and was
conducting several communication and information campaigns. The Ministry
was assisted in its efforts by the National Council for Women and the
Family and non-governmental organizations.
234. Members wanted to know how the Government was coping with the
apparent resistance by men to institutionalizing women's integration in
political life. The representative said that although some men had shown
resistance, it was gradually waning because of women's outstanding
competence and devotion, and at the last elections a woman had scored
highest in the main party. More and more women had become visible at lower
political levels and sensitization campaigns should help women in gaining
more votes.
235. As members noted that women did not seem to be represented in trade
unions nor in banking institutions, the representative said that presently
a national women's commission consisting of coopted members participated
actively in the elaboration of an activity programme for trade unions.
Article 9
236. When asked why women were given unequal treatment where the
transmission of nationality to alien spouses and to their children was
concerned and whether the National Women and Development Commission was
taking any steps to remove these differentials, the representative said
that the inequality had been softened as a result of the amendment of
article 12 of the Nationality Code in July 1993. Currently the transfer of
nationality still required the consent of both spouses. It was to be hoped
that the reservation in this article could be lifted in the near future.
237. Members also inquired what was being done to disseminate information
on the legal rights of women to the public at large.
Article 10
238. Members commended the Government for the particular attention to
education and for dedicating to it as much as 10 per cent of the State
budget. They praised the strides made in increasing the enrolment level of
girls in secondary schools. They noted, however, a high concentration of
girls in traditional female fields of education and a tendency of female
students to embark on careers that were financially less rewarding. They
asked whether there was a particular preference for girls to follow the
traditional female paths and whether there were any plans to encourage them
to break into non-traditional, so-called "men's fields". Asked whether
school curricula might be responsible for that fact, the representative
stated that schoolbooks did not allow for any discrimination. However,
girls appeared to choose economics more frequently than industrial
vocations, and arts and literature over mathematics and science. Girls'
options were also determined by the current labour market, which was still
dominated by certain stereotypes. The educational reform introduced new
school orientations. Another innovation was the introduction of human
rights education at primary and secondary level. Other measures in that
direction were national seminars and annual campaigns, orientation courses
for parents and their children and pilot projects to encourage girls to
take technical subjects.
239. In reaction to the statement by the representative that, for the
first time, a woman had become regional director of secondary education and
a woman had been appointed as university rector, members warned against the
"token woman" syndrome. They said that experience in other countries had
shown that the appointment of a "token woman" reinforced stereotypes,
rather than improved the status of women.
240. Commenting on the lower school enrolment of girls and replying to
questions as to whether any studies had been carried out to determine the
causes for the high drop-out rate of girls from school, the representative
explained through statistical data that the gap between girls and boys in
school enrolment was gradually shrinking in the direction of attaining a
gender balance. Whereas originally the school drop-out rate was higher for
girls than for boys, especially in rural areas, that tendency had been
almost reversed at all levels. Studies that had been undertaken on the
subject gave as major reasons socio-economic and cultural factors in the
rural areas. To alleviate that problem, school timetables had been
changed, school aids had been introduced, schooling had been made mandatory
from 6 to 16 years and non-compliance had been put under sanction. It was
said that the need to promote equality of opportunities for children of
both sexes in urban and rural areas had become one of the parameters for
educational planning and infrastructure.
241. Referring to observations made about the high illiteracy rate, the
representative said that one of the reasons for the high percentage of
illiterate girls was that girls entered school later than boys. It was to
be hoped that the school reform and the national programme that had been
elaborated within the eighth development plan would achieve the targets set
for reducing female illiteracy, particularly in the 18 to 29 age group. A
national commission had been set up in collaboration with several
ministries to monitor the programme.
Article 11
242. Comments were made about the low percentage of women's economic
participation in the agricultural sector, and members asked whether efforts
were being made to give more importance to the informal sector. The
representative stated that numerous studies showed the extent to which
informal sector had contributed to the national economy, and it was also
proved that women's contribution to the informal sector could reduce the
negative effects of the structural adjustment plan. Forthcoming measures
for that sector were an assistance fund for small rural enterprises, a
sensitization campaign about family economy and the publication of a
guidebook to instruct women about possibilities of credit.
243. Asked about any plans to explore the training possibilities for women
in non-traditional jobs, the representative said that thanks to the current
reform of professional training, women should get access to new vocational
and professional qualifications, in particular in non-traditional fields.
At the same time, the quality of training was improved in women's
traditional fields.
244. Members inquired about plans to abolish the prohibition on night
work for women.
Article 12
245. While commending the Government's efforts made in the area of family
planning, members asked whether plans existed to expand the health coverage
for women and girls. The representative confirmed the existence of such
plans and programmes.
246. Asked whether a woman could decide to have an abortion or whether she
needed the permission of her husband, the representative said that abortion
was allowed under certain conditions and if it was carried out in a
hospital by an authorized physician within the first three months of
pregnancy. After that time abortion was allowed only for health reasons.
247. Further clarification was requested on women who allegedly suffered
depression or hysteria as they sought to reconcile liberal education with
traditional norms. The representative commented that those allegations
were not supported by any reliable data and seemed to be part of the
propaganda of fundamentalists.
Article 15
248. Members asked why the Government had entered a declaration on this
article upon ratification of the Convention in so far as choice of
residence and domicile by women was concerned, despite the entry into force
of the Personal Status Code. The representative explained that the
declaration had been made because articles 23 and 61 of the old Personal
Status Code contradicted the provisions of the Convention. Since the
amendment of the Code, the clause of "obedience" had been removed.
Currently, the free choice of the woman's residence could only be curtailed
in the light of her custody duties for a child of school age. Judges
always took into consideration the child's interests as paramount.
Article 16
249. Members commended the Government on the progress made in the
abolition of polygamy and the free choice of a husband, but they required
more information and a real analysis of the de facto position of women in
the family. Members were interested in knowing whether the national law of
the country was the religious law as interpreted from the Koran, whether
there was a separate secular law and what happened in cases of conflict.
The representative explained that originally there had been no unified
legal system. When Tunisia gained independence in 1956, the Sharia law and
institutions had been reformed and one unified law applied to all Tunisians
of any faith. Religious courts had been abolished, and the new Family Code
of 1956 was applicable throughout. The amendment of the Personal Status
Code gave women a better status in the family. The new family was founded
on the concept of mutual respect and cooperation between the spouses in all
family matters, including the education of their children, the obligation
of women to contribute to family expenses and the abolition of the
"obedience" clause. The legislation still preserved the husband as head of
the family, but it was likely that as women gradually became more
independent economically, the role of the husband as economic custodian
would disappear. Another new provision was that women could get
guardianship of their children after divorce.
250. In reply to a request for further explanation of the prohibition of
polygamy, the representative said that one of the conditions for entering
into a marriage was that the individual was free from any other marriage
bond. Whoever infringed upon that provision was liable to sanction.
Marriages had to be entered into the civil registry and customary law
marriages and free unions were prohibited. The rights of children from
free unions were protected through a system of judicial machinery.
251. Asked why the minimum age for marriage was different for girls and
boys, the representative said that before the entry into force of the
Family Code there was no minimum age at all. The current minimum ages were
conditioned on mentality, traditions, education and access to the labour
market.
252. In relation to questions raised about whether property acquired
during marriage was equally shared between the spouses the representative
explained that Tunisian law enshrined the separation of conjugal property.
Each of the spouses maintained exclusive control over his or her property
and was in charge of his or her debts. The spouses could, however, choose
another system when they entered into marriage. While maintaining
separation of the property that was brought into the marriage, the spouses
could opt for community of property acquired during marriage. As that
system was not generally known, it was rarely applied.
253. Members asked whether girls had the same rights to inherit as boys
and whether the wife's right of inheritance from her deceased husband was
equal to the husband's rights vis-a-vis his wife. The representative
explained that the inheritance law was based on the Koran. Consequently,
men inherited twice the share of women if they were equally related. It
was to be hoped that with the evolution of the Tunisian society that
inequality would be overcome.
254. Referring to the persistence of the institution of dowry the
representative stated that it was maintained symbolically, in order not to
break completely with the Muslim tradition. The amended Family Code,
however, no longer contained a fixed amount.
255. Regarding questions about the possibility of inter-faith marriages,
the representative said that a marriage of a Tunisian woman with a non-
Muslim was possible only if the husband converted to Islam.
256. Asked about reservations entered by Tunisia upon ratification of the
Convention on the Rights of the Child the representative said those
reservations were similar to those with respect to the Convention on the
Elimination of All Forms of Discrimination against Women.
257. Members asked what the reasons were for the reservation to article
16, paragraph l (c), whether it was socially accepted for a woman to live
independently without a spouse, and who had the guardianship over children
living outside the country, who were born in Tunisia to a foreign woman.
They expressed concern at the non-recognition of free unions and inquired
whether the Government was intending to ratify the Convention on the Civil
Aspects of International Child Abduction.
Concluding comments of the Committee
Introduction
258. The Committee expressed appreciation to the Government of Tunisia on
its combined report, presented in accordance with the general guidelines,
and on the fact that the report contained important information on
legislation and measures relating to the implementation of the Convention.
259. The Committee noted with great appreciation the high-level
representation sent to discuss the report, which serves as an indication of
the importance attached by the Government to its obligations under the
Convention, and the comprehensive and constructive approach that
characterized the dialogue with the delegation.
260. The Committee expressed its appreciation for the additional
information provided by the ministerial delegation, which had endeavoured
to answer all questions from the Committee in an open manner.
Positive aspects
261. The Committee noted, from the new provisions of the Personal Status
Code, that the Government had remained steadfast in guaranteeing and
protecting the rights and property of women.
262. The Committee stressed that the promotion of women's rights was the
best safeguard against extremist and retrograde movements.
263. The Committee took note of efforts made by the Government to secure
the implementation of the Convention's provisions throughout the country.
264. The Committee noted with satisfaction the progress being made in
introducing legislative measures to improve the application of the
Convention. The inclusion of measures for the advancement of women in the
Eighth National Development Plan of the country constituted a step forward
in that regard.
265. The Committee equally noted with great admiration the existing
political will to maintain progressive interpretation of women's rights
under both civil and religious laws.
Principal subjects of concern
266. The Committee was concerned about the general declaration made at
ratification in relation to reservations made to the Convention.
267. The Committee expressed its concern with the high rate of illiteracy
among women in Tunisia, since access to education was fundamental to the
empowerment of women. Equally important was the fact that the number of
school drop-outs among girls was high.
268. The Committee noted that in higher education women were concentrated
in specific areas of studies and therefore in professions which had low
return or less job opportunities. Women needed to be encouraged to join
scientific fields in order to have better chances of employment.
269. The Committee noted the lack of information on violence against women
in the family.
270. The Committee noted that, although there was a political will by
the Government concerning support of women's rights, the political
participation of women was still unsatisfactory.
Suggestions and recommendations
271. The Committee urges the Government to consider withdrawing its
reservations.
272. The Committee wishes to see in the next report more information on
the issues of women's illiteracy and school drop-out.
273. The Committee suggests that more information on violence against
women in the family and the community should be provided in the next
report.
274. The Committee encourages the Government of Tunisia to further
increase its efforts for women's political participation at all levels.
275. The Committee proposes that more training courses for women in non-
traditional areas be conducted, as well as more support be given to women
in the area of agriculture.
276. Ways and means should be envisaged to encourage women and girls to
enrol in science fields.
277. More cooperative activities should be encouraged at the regional
level to consolidate women's rights that had been gained so far and to
prevent any setback as a result of the threat of religious extremist
trends.
Uganda
278. The Committee considered the initial and second periodic reports of
Uganda (CEDAW/C/UGA/1-2 and Add.1) at its 270th and 273rd meetings, on 23
and 26 January (see CEDAW/C/SR.270 and 273).
279. In introducing the report, the representative of the State party
pointed out that women accounted for up to 80 per cent of food production
in the agricultural sector and that they were widely employed in the
informal sector in urban areas. She stressed that Uganda was one of the
few sub-Saharan countries that was self-sufficient in agricultural
production.
280. She also emphasized that the main objective of the Government was to
ensure the positive integration of women and gender issues into the
mainstream of all development processes from the planning through
implementation to evaluation stages. She informed the Committee that the
Government had addressed the integration strategy at national and sectoral
levels.
281. Furthermore, the representative mentioned that the Government was
committed to enhancing the participation of women in politics and decision-
making at national and local levels through legislative and administrative
measures.
282. She informed the Committee that major steps had been taken towards
the full observance of the legal rights of women and on de facto
discrimination against women in the areas of the family, education,
employment, health care and nutrition policies and natural resources
management. However, she pointed out that a lot remained to be done on
both the de jure and de facto levels and that obstacles such as traditional
customs and attitudes, the economic restructuring process and health and
ecological crises impeded the efforts.
General observations
283. Members of the Committee commended the frankness and objectivity of
the report and commented that the report followed the general guidelines.
They welcomed the fact that the Convention had been ratified without
reservations. They praised the Government of Uganda for involving non-
governmental organizations in the preparation and evaluation of the report
in a very innovative way. They suggested that a similar cooperation should
be followed regarding the constitutional and other legal reforms.
284. Members commended the Government and, in particular, the President,
for having appointed women to high positions in the Government, namely, the
woman Vice-President and the five women ministers in the cabinet. Members
advised Uganda to take advantage of the political will, including from the
President, at those levels to make further necessary reforms. They
welcomed the establishment of a Ministry of Gender and Community
Development.
285. Other members noted that there were still various obstacles to the
implementation of the Convention, such as religious and cultural practices,
which had not yet been adequately addressed. It was also mentioned that
traditions and customs were very deeply rooted and very diversified.
286. Members of the Committee noted with concern the effects of structural
adjustment programmes on women and children. The Committee wanted to know
what measures had been taken to deal with the negative effects of those
programmes. The representative explained that various studies have been
carried out on the effects of structural adjustment programmes on women in
Uganda. Information on the findings of those studies would be included in
the next report.
Questions relating to specific articles
Article 2
287. Some members of the Committee wanted to know what measures had been
taken to amend the Constitution towards granting women equal rights in
accordance with the Convention. One member indicated that the Constitution
was silent on the issue of gender. She therefore suggested that the
Government should take the matter into consideration when revising the
Constitution. Others expressed their concern that the Constitution had
failed to provide an accurate definition of sex discrimination. One expert
referred to paragraph 64 of the report of the State party and asked if
initiatives had been taken by women's organizations to make the Government
reform the laws.
288. The representative replied that, as mentioned in the addendum to the
report of the State party, the issue of equality was being addressed by the
draft Constitution. He referred to clause 50 (2) and (3) of the draft
Constitution. He also pointed out that the Government has been committed to
the elimination of institutionalized discrimination against women. He
referred to clause 50 (4) of the draft Constitution.
289. Members of the Committee noted that the Constitution referred to "he"
throughout, while referring to both women and men, and suggested that the
matter should be corrected. The representative answered that the draft
Constitution would specify both men and women, particularly regarding
critical issues on equality before the law, fundamental human rights and
other constitutional rights.
290. The report of the State party indicated that the Government had
introduced the death penalty for men convicted of rape and defilement.
However, because men dominate the police force and crime detection, it was
difficult to prove rape in court. The Members therefore inquired what
steps were taken to convict men who were guilty of crimes such as rape and
defilement. Also, more information was requested on the steps that have
been taken to improve law enforcement procedures in the context of rape.
The representative stated that the Government had taken measures to address
the difficulty of prosecuting rape offenders. In that context, the
Ministry of Gender and Community Development had been carrying out a study
on the non-prosecution of rape cases. Findings had indicated that there
were social, economic, legal and cultural factors contributing to the non-
prosecution of rape offenders. The findings had been forwarded to the
institutions concerned to call for their action to remedy these problems.
This Ministry was also engaged in sensitization programmes, especially for
the police and other law enforcement officers, concerning the problem of
rape. Also, the Government, in collaboration with non-governmental
organizations, both local and international, had been undertaking
interventions during the training of police officers to specifically
sensitize them on issues affecting women in criminal matters.
291. The Law Reform Commission was presently looking into the controversy
surrounding the issue of the death penalty for rape offenders. Results
would be included in the next report.
Article 3
292. One member wanted to know how many women were in the Law Reform
Commission. The representative replied that figures were given in the
addendum to the report: the Law Reform Commission should consist of six
members, including at least one woman. However, the Commission currently
had three Commissioners, one of whom was a woman. The Secretary of the
Commission was also a woman.
293. One member wanted to know whether women's non-governmental
organizations were involved in the constitution drafting process. The
representative responded that the initial and second reports stated that
individuals, as well as organizations representing various interest groups,
had been involved in submitting memoranda of their views to the
Constitutional Commission. Women's non-governmental organizations had also
been involved in that process.
294. In that context, some members wanted to know how many complaints on
discrimination against women had been received by interest groups and how
many had been judicially disposed of. The representative replied that many
complaints on discrimination against women were received; however, owing to
the lack of gender-disaggregated data in that office, it was difficult to
procure information on the exact number.
295. Another member asked if the Government had a plan to introduce an
equal opportunities bill. Furthermore, she wanted to know whether the
Government had addressed the issue of violence against women. The
representative explained that the Constituent Assembly had considered the
question of establishing an equal opportunities commission. He added that
the process of drafting the Constitution has been ongoing since 1988 and
now had six months to reach a conclusion.
296. In 1970, the Law Development Centre was established for the purpose
of extending legal aid for women. The members wanted to know why this
scheme had never taken off. In the report, it was noted that the Uganda
Women's Lawyers Association could not serve all women in need of legal aid
in the country. Members asked whether the Government had established
additional legal aid agencies. The representative of Uganda referred to
the information contained in the addendum to the report and explained that,
in addition to the Uganda Women's Lawyers Association, the Uganda Law
Society had been operating a similar project in the four regions of the
country. Furthermore, the legal department of the Ministry of Gender and
Community Development offered similar services.
297. Some members emphasized that the inferior status of women in the
family impeded legal equality of women; they stressed that there was a need
to adopt a new family code integrating statutory legislation and customary
law. The representative replied that among the strategies to address the
inferior status of women in Ugandan society, the Government had embarked on
a process of reforming the laws on domestic relations. A draft bill on
such a law had been put in place, which sought to integrate both the
various customary laws and statutory law into one code. Further
consultations and research were still being carried out, especially to
ensure that the law was in line with international and regional human
rights instruments on the status of women. Moreover, he stated that, as
reported in the addendum to the report, the issue of domestic violence
would be specifically addressed in the new law on domestic relations.
Apart from legal measures, the Ministry of Gender and Community Development
had been conducting legal education and sensitization activities on the
problem in various parts of the country, together with locally based non-
governmental organizations.
Article 4
298. Paragraph 79 of the report referred to Uganda's efforts to increase
the level of participation of women in the public sector, based on
affirmative action. One member wanted to know what action had been taken
concerning the problem of wife beating.
Article 6
299. The report indicated that prostitution was a crime but did not state
whether the clients of prostitutes were also considered guilty of a crime
and whether they were prosecuted; nor did the report indicate whether
measures to prevent acquired immunodeficiency syndrome (AIDS) were applied
equally to prostitutes and clients. The representative replied that based
on the definition of prostitution and prostitutes, the amended legislation
S.134A of the Penal Code allowed for the prosecution of both parties
involved in the act.
300. A clarification of paragraph 100 of the report, which referred to the
extension of the age category of protected males and females from 14 to 18
years, was required. The representative reported that the age limit for
statutory rape had been raised from 14 to 18 years.
301. Members requested more information concerning the trafficking in
women in Uganda; what effective measures had been taken to decrease
trafficking in women and their exploitation through prostitution? The
representative replied that prostitution and trafficking in women in Uganda
was highly commercially organized. In that regard, the legal position
remained that trafficking in women was a crime under the laws of Uganda and
all measures to address the crime would be employed in the event that
anybody was arrested.
302. Paragraph 95 of the report noted the need to form policy and
special programmes to prevent the spread of AIDS among women prostitutes.
Some members wanted to know if such policies or programmes had been
initiated. If not, what plans would be initiated in the future? In
addressing the AIDS crisis, another member asked about proposals to
eliminate polygamous marriages in order to stem the spread of the disease.
It was asked how these marriages were viewed by the Ugandan Government.
303. The representative welcomed the recommendations of members for
programmes to decrease the prevalence of prostitution. Such programmes
should be implemented, especially in view of the danger of the human
immunodeficiency virus (HIV)/AIDS. Information on future initiatives would
be included in the next report.
Article 9
304. Unlike male citizens in Uganda, women do not enjoy the right to
extend their citizenship to their children born outside the country.
Similarly, women do not enjoy the right to extend their citizenship to
foreign spouses. Furthermore, a married woman citizen is not entitled to
have a passport issued without the consent of her husband. Members asked
what measures had been taken to correct these inequalities. The
representative replied that the existing legal bias preventing Ugandan
women married to foreigners from extending their citizenship to spouses and
children had been addressed in the draft Constitution. As indicated in the
addendum to the report, clause 43 (2) (a) of the draft Constitution stated
that every person married to a Ugandan citizen may apply to be registered
as a citizen upon providing proof of a legal and subsisting marriage of at
least three-years standing. The draft Constitution further stated that men
and women should have equal rights at marriage, during marriage and at its
dissolution. Such a provision within the Constitution would address the
current problems for Ugandan married women regarding passport and travel
documents.
305. One member wanted to know whether a husband or father could prevent a
wife or child from leaving the country. It was indicated that a girl child
born out of wedlock was discriminated against. One expert asked whether
these issues were being addressed by the Government. The representative
replied that regarding discrimination of the girl child born out of
wedlock, the legal position was that all children whether born in or out of
wedlock were entitled to inherit equally from their parents.
Article 10
306. Paragraph 158 of the report referred to pre-primary school as a
"private business". Members wanted to know whether the Government would
revise its attitude towards pre-school education. The State party replied
that the competition for entry into good primary schools had mainly
occurred in urban areas and that the majority of the residents could afford
the cost. However, the Government of Uganda had taken note of the concern
of the members about the danger of abuse in the provision of education by
private institutions. More detailed information would be provided in the
next report.
307. In Uganda, 49 per cent of households are headed by a single young
woman. The Committee wanted to have more information about the age of these
young women and asked what measures had been taken by the Government to
prevent early pregnancy, which disrupts education.
308. According to the report, 81.4 per cent of girls who should be in
primary school enter into matrimonial relationships. Members inquired
whether there was a special curriculum made available to these girls in
order to make up for the lost primary education, and if not, how was the
Government going to deal with that issue in the future. Several members
expressed concern regarding the high number of pregnancies among young
girls that had been caused by teachers. That could account for the high
drop-out rate of girls who had suffered such violence. Members asked what
measures had been taken to address the problem. Had information been
provided to young girls about the dangers related to early sexual
intercourse?
309. The representative responded that, as stated in the addendum to the
report, the Ministry of Education was incorporating family life education,
which included sex education, in the school curriculum. The Government as
well as non-governmental organizations had been carrying out adult
education and functional literacy programmes to target women and men who
had not had an opportunity for formal education. Statistics indicated that
the majority of persons attending those programmes were women. Specific
statistics would be included in the next report.
310. Additional information was requested by members on primary education;
was primary education compulsory and were there any age limits? The
representative stated that the minimum age for entry into primary school
for children in Uganda was six years old. He referred to the addendum to
the report, which stated that government policy was aimed at providing
compulsory universal primary education by the year 2003. As to the
financial resources, the representative replied that the process of
providing government aid would be a gradual one; by gradually transforming
the current educational system, primary education would become government
aided, and university and other forms of tertiary education would be on a
cost-sharing basis.
Article 12
311. Abortion was carried out in Uganda even though it was illegal.
Members requested additional data on abortion. The representative answered
that statistics on women dying from abortion had been difficult to obtain
because the records from various hospitals were not compiled at one focal
point. However, statistics from the main national hospitals indicated that
in 1992 induced abortion accounted for one third of maternal deaths. While
it had been possible to provide statistics on the ratio of HIV/AIDS
infection between men and women, actual figures of people dying of AIDS had
been difficult to get since the medical reports indicated the immediate
causes of death, such as pneumonia, tuberculosis, etc., rather than AIDS.
Furthermore, many deaths had not been reported by hospitals because they
happened at home, especially in rural areas.
312. Members also wanted to know if a woman who was infected with AIDS
could have a legal abortion. The representative explained that the legal
position on abortion was that if two medical doctors independently agreed
that it was necessary for the woman's health, then an abortion could be
performed.
313. In reference to paragraphs 251 and 252 of the report, the Committee
wanted to know how successful government programmes had been in combating
the spread of AIDS. Also, in reference to paragraph 259, the members
wanted to be provided with a statistical update on AIDS. The
representative replied that updated statistics on the prevalence of AIDS in
Uganda were included in the addendum. Whereas the government programmes to
combat the spread of AIDS now reached 90 per cent of the population, a
corresponding change in sexual behaviour had not been achieved because that
took some time. Government programmes to combat the spread of AIDS had to
target all members of society, and should include information on the use of
condoms. To provide for the latter, however, was a matter of financial
resources.
314. Members requested specific statistics regarding the incidence of rape
and incest, particularly of young girls. The representative explained that
that information was difficult to obtain since there was no coherent
pattern in police records.
315. As to the difference in the number of births per woman as stated in
the written and oral reports, the representative stated that the recent
increase of fertility rates could be explained by AIDS and high infant
mortality rates.
316. The Members raised concerns about female circumcision in Uganda.
They wanted to know why immediate action had not been taken to abolish that
tradition, which was still practised in some parts of the country.
Furthermore, what penalty was given to the person performing the female
circumcision? Had there been any programmes to re-educate or inform those
persons about the dangers of circumcision? The Committee also requested
more information on traditions and customs in Uganda. For example, were
there any food taboos?
317. The representative replied that concerning health-related customs and
taboos, the situation was that there were several tribes in Uganda with
different customs and practices affecting women. Government policy had
been to discourage customs and practices with a negative impact and promote
the positive ones. The draft Constitution provided that any custom that
was contrary to the fundamental human rights provided in the Constitution
should be declared null and void. It was hoped that that provision would
provide an effective challenge to the practice of female circumcision.
Furthermore, the Inter-Committee for Africa, a regional organization that
was addressing negative customary practices in Africa, had been operating
programmes in Uganda. The Government of Uganda had also been carrying out
sensitization programmes on female circumcision and other negative
customary practices.
318. A member commented that the Government described prostitutes as a
danger to society because of HIV/AIDS. Table 22 of the report indicated
that only 2 per cent of the population had been using condoms. Had
anything been done to inhibit the spread of AIDS among prostitutes by
distributing condoms to them? Were there any programmes to inform the
population about the use of condoms? The representative replied that there
had been various general programmes for AIDS in Uganda. That information
had already been included in the reports.
319. Table 19 in the report stated that there was a shortage of health
personnel. Members believed that traditional healers and traditional
medicine were the key to making assisted child bearing a financial
possibility. Had Uganda made an effort to systematize its network of
traditional birth attendants and traditional healers? Were development
strategies making use of traditional knowledge, as opposed to imposing
foreign approaches? What kind of familyplanning facilities were available
to women in rural areas? In response, the representative referred to the
addendum to the report.
320. Members suggested that women in high political positions should
become involved in information campaigns about the use of condoms, the
spread of AIDS, etc.
Article 14
321. As to what measures had been taken to decrease illiteracy, provide
health services and social protection to rural women and provide them with
access to family planning, the representative referred to the addendum to
the report.
Article 16
322. Some traditional practices such as polygamous marriages, as well as
incest and rape, had furthered the spread of AIDS. Members inquired what
programmes had been offered by the Government to women and men in order to
prevent the transmission of AIDS. The representative replied that the
issue of polygamy was considered in the new law on domestic relations.
323. Regarding interference and harassment by fathers, brothers or other
relatives against widowed women when they had acquired property from
deceased husbands, members wanted to know what measures had been taken by
the Government to protect such women, legally as well as physically.
324. Concerning the issue of double standards in adultery and divorce, the
representative replied that the provision in the draft Constitution on the
equality of men and women in marriage, during marriage and at its
dissolution was addressing the issue. Currently, the Ministry of Gender
and Community Development was conducting a research project on women and
inheritance in order to make recommendations to amend the current law in
order to empower women in inheritance and succession matters. Existing
legal provisions to protect women in succession matters were contained in
the Administrator Generals Act, the Succession Act and criminal law. The
Government had been sensitizing women through legal education on the
existence of those provisions and institutions.
Concluding comments of the Committee
Introduction
325. The Committee commended Uganda for ratifying the Convention without
reservation and for submitting the report which followed the guidelines.
In spite of the long years of internal conflicts Uganda had instituted
measures to implement the various provisions of the Convention that would
redress past imbalances.
Positive aspects
326. Uganda is about to put in place constitutional reforms that
recognized discrimination on the grounds of sex. This was reflected, inter
alia, by the creation of the Ministry of Women in Development, Culture and
Youth renamed the Ministry for Gender Equality and Community Development.
327. Commendable progress has been made in increasing the representation
of women in public life through affirmative action.
328. The close collaboration between the National Machinery and non-
governmental organizations in the development of gender-specific programmes
is a very positive move.
329. Measures have been taken to improve the condition of rural women with
credit targeted to 70 per cent of them and through legal services.
330. The Office of the Ombudsman has been established to receive and
investigate complaints on the violation of human rights.
Principal subjects of concern
331. The Committee expressed serious concern over the alarming death rates
among women as a result of the AIDS crisis, particularly among women of
child-bearing age, and its association with high fertility rate.
332. The Committee expressed concern at the prevalent religious and
cultural practices still existing that perpetuated domestic violence and
discriminated against women in the field of inheritance.
333. The Committee expressed serious concern about the continuing practice
of genital mutilation, such as specifically female circumcision in one area
of Uganda.
334. The Committee was concerned at the privatization of pre-school
education, which was an impediment to early education for children,
particularly for those in the rural areas.
335. The Committee was concerned at the very high percentage of households
headed by girl children.
336. The Committee was deeply concerned by the sexual abuse against school
children by their teachers and other adults. They noted that this had
serious consequences on their lives, among others, high rate of school
drop-outs.
337. The Committee was seriously concerned about the harassment practised
by the police against women who reported on cases of violence.
Suggestions and recommendations
338. The Committee suggests that existing measures be reassessed to combat
AIDS. Foremost of these should be the intensification of preventive
measures, such as public education in sexual and reproductive health, as
well as more effective health delivery systems in these areas.
339. The Committee recommends that better methods of data collection on
the incidence of AIDS cases amongst women and deaths due to AIDS should be
developed.
340. The Committee recommends that measures be taken to raise the
awareness of teachers and citizens in order to halt sexual abuse against
children. The Committee recommends further that campaigns be initiated to
prevent children from forming a family too early.
341. The Committee recommends that legal measures be taken against all
religious and customary practices that discriminate against women.
Furthermore, awareness programmes must be put in place to change mentality
and attitudes. The Committee also recommends that laws be amended to
empower women in matters of inheritance and succession.
342. The Committee suggests that pre-school facilities be made accessible
and affordable, particularly for low means families.
343. The Committee suggests further that programmes be instituted that
allow for continued education for school drop-outs and that family life
education be part of the school curriculum.
344. The Committee feels that it is necessary to develop an overall
programme of prevention of violence against women and of attention to be
given to the victims, which includes the need to educate the police to
treat and handle the violated woman in such a way that their predicament
will not be worsened. This creation of awareness is necessary since
Uganda's draft Constitution recognizes this kind of treatment as illegal.
--3. Second periodic reports
345. Following the procedure adopted by the Committee at its ninth session
8/ for the consideration of second and subsequent periodic reports, issues
that appeared necessary to be discussed with the representatives of States
parties submitting second or subsequent periodic reports were identified in
advance by a pre-session working group. In addition to those, members
raised questions during the consideration of the reports.
Finland
346. The Committee considered the second periodic report of Finland
(CEDAW/C/FIN/2) at its 272nd meeting, on 24 January 1995 (see
CEDAW/C/SR.272).
347. In his introductory statement, the representative of Finland recalled
his country's official equality policy of more than 20 years with the
object of altering the division of power and work between the sexes in
family life and public decision-making. It implied economic independence
and the right to reconcile work and family life for both women and men. It
required concrete active measures in addition to creating equal
opportunities and a re-evaluation of the traditional role of men. The
period of recession between the years 1991 and 1994 had created additional
challenges for the policy makers and because of unemployment it had reduced
the standard of living of all households. But, whereas the economic
development was clearly gender-divided, the unemployment of women had been
lower than that of men, regardless of the economic trends. Poverty among
single parents was in 1990 the same as the average level among the entire
population.
348. The representative underlined the role of the public sector as a
supplier of services, which were crucial to equality of women, such as free
school meals, children's day care and the care of the elderly and people
with disabilities. The public sector was also the main employer of women.
Women's contribution to the Finnish national economy was equal to that of
men. A major problem that had not been solved yet was the wage gap in that
women's wages were still only 80 per cent of men's wages although women had
high educational levels. Another problem that was serious and deeply
rooted in culture and in power structures of the society was violence
against women. Although it had only recently become visible, its
elimination had become one of the main objectives in promoting equality.
349. The strong representation of women in politics was, as stated by the
representative, the result of intensive work of political and other women's
organizations and of the electoral system. In spite of that, decision-
making especially in economic policy was still firmly in the hands of men.
As it was easier for women to achieve positions in elected bodies rather
than as appointed members, the recent adoption of the amended Equality Act
was important because it stipulated a quota of 40 per cent for both sexes
in governmental and local government committees. It also obliged
authorities to promote equality in a systematic manner.
350. After the introduction, which was given by the Minister Responsible
for Gender Equality, the replies to the questions raised by the Committee
were given by a whole team representing the Government.
General observations
351. Members commended the report presented, in particular because of its
extensive statistical data and charts, which were helpful to understand the
development process and changes that had taken place since the presentation
of the initial report. They congratulated the Government on having held a
public hearing before finalizing the report, in which representatives from
different organizations, including non-governmental organizations, were
invited, and on having used their comments and suggestions to revise the
report. They felt that the reporting process seemed to be objective and
unbiased, which was an indication of the Government's commitment to
implement de facto equality of women according to the provisions of the
Convention. They stated that the period covered by the report was long
enough to evaluate the impacts of the Equality Act and other measures taken
to implement the Convention, and consequently they felt that the report
would have been enriched if the impact of the Equality Law in different
areas had been reflected.
352. Regarding observations as to whether the Convention was included in
the Statute Book of Finland and what impact it had on the daily judgements
affecting the rights of women, the representatives said that the Convention
was, indeed, included in the Statute Book of Finland of 1994, which had
been published recently. However, although the Convention had the force of
law, it had not been directly invoked by the courts of justice and the
administrative authorities. This was attributable to the fact that judges
had not had a profound training in human rights issues. As, currently, the
university education of legal professionals included teaching on human
rights instruments, it was to be hoped that the provisions of the
Convention would in future be directly taken into account in court
decisions. However, further information of the importance of the
Convention was still needed. None the less, the provisions of the
Convention had been taken into consideration in drafting new legislation,
for example the Equality Act, and the process of preparing the second
periodic report had some impact on Finnish administration and legislation.
353. In their concluding observations the members of the Committee
commended the presence of such a large and high-level delegation and the
detailed replies given. They considered particularly laudable the new
legislation regarding domestic violence, the emphasis on changing men's
roles, the amendments in the child-care system in an effort to reconcile
family life and work, the decrease in the rate of abortion, the quota
system and the attention given to specially marginalized groups and
underlined as particularly remarkable that in Finland equality was
considered a human rights issue.
Questions relating to specific articles
Article 2
354. Regarding observations made on ways to improve women's possibilities
of participating in national defence services, the representatives said
that the Government bill for the voluntary military service for women had
just been adopted. It allowed women to perform voluntary military service,
to participate in national defence as reservists of the Defence Forces or
to enter the military profession on the same conditions as men, provided
they were Finnish citizens and aged between 17 and 29.
355. Asked about protective measures of women who had become victims of
discrimination against possible reprisal, the representatives said that the
new Equality Act prohibited reprisals and entitled the employee, who had
been subjected to the prohibited actions of reprisal, to seek damages from
the employer. The representatives explained that compensation caused by
damages through discrimination in employment according to the Equality Act
could amount to between 15,000 and 50,000 markkaa. The amount could be
doubled in severe cases of discrimination. In addition, it was also
possible for the victim to claim damages for financial loss.
Article 3
356. Regarding initiatives taken by the Government to update the Act on
domestic violence and to give women the right of recourse to the Equality
Act, the representatives explained that legal remedies in cases of domestic
violence were contained in the Penal Code, which was currently under
revision. The most important legal change was to consider rape within
marriage a criminal act. A further change would provide that all acts of
violence were equally punishable, whether committed in or outside the home.
Assault and battery would always be prosecuted by the public prosecutor,
apart from petty cases. Assault and battery were always prosecuted by the
public prosecutor if committed against children under 15 years of age.
357. In additional comments, members expressed concern at the spread of
sexual violence and asked how that phenomenon was compatible with economic
independence of women. They considered educative measures and publicity as
most important to curb the level of violence against women and asked
whether particular programmes existed to deal with the problem of violence
against particularly marginalized groups, such as refugee, poor and
disabled women. In reply to further questions, the representatives stated
that assault and battery, whether committed inside or outside the home,
could be prosecuted without the consent of the victim. Since assault and
battery were considered to be serious crimes, however, the accused could
only be tried in the presence of the victim. Counselling services for
victims of incest and rape were available free of charge. A special help-
line service was set up to assist female victims. Men with a tendency to
violence were offered a possibility to discuss their patterns of behaviour
in an effort to break them. Special training was administered to police
officers, social workers, doctors and school nurses.
358. Given the small size of the Finnish population (4 million) living in
only 450 local communities, it was explained that an ombudsman at the
municipal level was not considered necessary.
Article 6
359. In reply to questions about attempts to monitor the trafficking in
women for purposes of prostitution, sex tourism and bride trade and the
role of the Equality Ombudsman in the matter, the representatives stated
that after having studied ways of curtailing the sex business, the Ministry
of Labour had stopped employment services for sex work in employment
exchange offices and cut off financial support for starting enterprises in
the sex industry. The Equality Ombudsman had chaired a working group to
make a survey on the applicability of the present legislation to restrict
sex industry, and had proposed concrete measures to limit the increasing
trafficking in women and expanding sex business, and clarify the legal
rights of sex workers. They also mentioned that there would be a Nordic
Conference on prostitution where the so-called "moving prostitution" from
the Russian Federation and the Baltic States would be one of the topics of
discussion.
360. Additional questions were raised about whether an increase in
prostitution and traffic in women was noticeable in view of the dire
economic situation of the Baltic States and whether related interim
measures had been taken. The representatives stated that it was often part
of other criminal activities and that special services were set up to help
prostitutes and reintegrate them into society.
Article 7
361. Regarding questions about policies to combat discrimination with
regard to women's representation on the Council for Equality and in
planning and decision-making bodies, it was stated that the Council was
continuously drawing attention to the composition of important planning and
decision-making bodies and processes. It put women's issues on the
political agenda, promoted gender studies and had established in 1988 a
Subcommittee for Men to activate men in promoting equality.
362. Asked about the impact on legislation and politics of the increase in
the number of women elected to parliament in recent years, the
representatives said that so far decisions had not been greatly affected,
partially owing to the recession and the necessary cuts in the budget.
However, through networking, women members of parliament had succeeded in
improving child-care arrangements, in making women's issues more visible
and in sensitizing the legislative work to the gender issue.
363. Asked about a clarification of the apparent contradiction between the
breakthroughs made by women in the political sphere and their low numbers
in the State administration, the representatives explained that the
breakthroughs in the State administration took several years to
materialize. Recent examples were the appointment of women to the posts of
Governor of the Bank of Finland, of university rector and of permanent
secretary of the Ministry of Justice. Women's representation in important
bodies was presently much discussed in public.
364. Members made additional comments about the discrepancy between the
Government's commitment to equality and the scarcity of women in higher
administrative posts and asked whether specific sanctions existed, and
whether the Government was determined to combine result management with
equality promotion. They welcomed the fact that a study would be
undertaken on the political impact of women's increasing political
participation and requested that the subsequent report give further
information on such effects.
365. In reply to additional questions about the financing of women's
election campaigns, the representatives stated that women usually used less
money on their campaigns and collected it from a smaller number of sources
whereas men more often "institutionalized" supporters. Specially in the
past, women's political organizations had played a crucial role in women's
campaigns.
Article 9
366. Regarding the residence situation of a foreign woman married to a
Finnish citizen, who was abandoned or separated, it was explained that the
woman was expected to leave the country after the divorce if the marriage
had lasted less than two years or if the cohabitation period had been
brief. That decision could be appealed to the Supreme Administrative
Court.
Article 10
367. In reply to the question whether human rights education was
incorporated in the school curricula, the representatives stated that
attempts were under way to develop human rights education based on a
national evaluation of the comprehensive school system, which set as basic
criteria the respect for human dignity and for life. One of the
requirements of the most recent national education plan was that materials
advancing the equality objectives were available to teachers and pupils.
368. In reply to additional comments made by members about the way in
which foreign women were informed about their rights, the representatives
mentioned a booklet that had been prepared by the Ministry of Social
Affairs and Health, providing information on residence permit issues and
the status of women and children in Finland. Finland had also the
institution of an Ombudsman for aliens to whom aliens could turn for
information.
Article 11
369. Members asked why the pay differentials between women and men were
still rather wide, whether there was a connection to the feminization of
unions and how the market economy had influenced the bargaining power of
unions and reduced a direct benefit to women. The representatives
explained that the Finnish labour market was strongly segregated into
women's and men's jobs. The female-dominated fields in the public sector
had a lower capacity to pay wages and, even within the same field, women's
wages were normally lower than those of men. Whereas for the collective
agreements male-dominated industrial trade unions had more weight to back
up their demands, the female-dominated unions mainly in the public and
private service sectors did not have enough power to adjust wages. Asked
about the effects of job re-evaluations, it was said that they were
expected to help resolve the problem and several such projects were
presently being carried out by several labour market organizations.
Members requested more information on the topic in the next report. The
representative explained further that equal pay had been a main concern of
the Council for Equality.
370. Regarding measures to improve women's working conditions and to
overcome gender segregation in the labour market, the representatives
stated that occupational segregation had diminished from 1985 to 1990. The
amended Equality Act required the employers to take certain measures to
promote equality. Employers with more than 30 employees were obliged to
draw up annually, in cooperation with the works councils, a plan of action
for equal employment opportunities. In reply to a specific question, the
representatives said that there were no rules as to goals and timetables in
the contents of such equality plans. However, it was necessary that they
contained concrete actions. The equality plans would be a part of
personnel and education plans or labour protection plans. Specific
measures to overcome gender segregation were in-service training for
physics teachers in general education, mentoring services for women in
technical vocational training, and technical courses for girls in general
education. The Equality Act did not provide sanctions if equality plans
were not made, but employers could be sued for discrimination when failing
to draw up such plans. The obligation to make equality plans was placed
upon both private and public sector employers.
371. Considering the proposal to reduce State expenditure, questions were
raised regarding day-care facilities and possible actions undertaken by
women's organizations to forestall withdrawal of financial support so that
women could continue working outside the home. The representatives
explained that the goal was to ensure a diverse range of services, such as
a choice between public day-care and home-care allowance for children, a
system of child care leave for both parents and an experiment with service
vouchers, which would enable parents to choose the place of day-care for
their child.
372. Regarding several questions about sexual harassment in the workplace,
the representatives said that in addition to the new Equality Act, which
referred to that offence, several acts had been interpreted to cover sexual
harassment. However, as the original Equality Act did not explicitly
mention that offence and relevant cases had been prosecuted as illegal
termination of employment contract, assault, battery or rape, no concrete
data were available on the number of court decisions or cases pending.
373. As regards questions about measures to reduce the deterioration in
the quality of working life for women caused by "time pressure and stress",
the representatives stated that the emphasis of labour protection lay on
industrial work and prevention of accidents. Labour protection in fields
dominated by women was only just emerging and it was necessary to develop
methods of supervision and training of personnel in that field.
374. Regarding additional questions raised about whether the Labour Laws
were in line with the directives issued by the European Union the
representatives said that they were in compliance with those directives and
some of them were still undergoing change.
375. Concerning an additional observation about the lower wage level in
the public sector, the representatives stated that in a period of recession
the Government considered it more opportune to save jobs in that sector at
lower wages than have less jobs at higher salaries and felt that salaries
in some areas of the private sector were generally too high.
376. In reply to another additional observation the representatives said
that statistics showed that women occupied 2 per cent of high management
positions in the private sector.
377. Another additional observation referred to any plans that might exist
to deal with girls' continuing choice of traditional fields of study and
with the gender-segregated labour market. The representatives commented
that boys and girls were encouraged to choose non-traditional areas, but
underlined also that so-called women's jobs were of great importance.
Article 12
378. Regarding questions about investigations into the causes of the
gradual decrease in the number of abortions and requests for specific
statistical data on the subject, the representatives replied that in 1992 a
survey had been carried out. It brought to light that the new family
planning strategy adopted in the 1960s, which was based on educational
measures and on easy access to family planning means, advice and services,
had led to a decrease in abortions, in general, and teenage pregnancies and
abortions in particular. Birth control services had been free and the
focus had been on a reduction of the health risks associated with sexual
activity rather than on its repression. The average rates of legal
abortions had decreased from 12.3 per thousand in 1980 to 8.1 in 1993.
379. The birth rate had been continuously rising since 1986. A booklet
about the evolution of reproductive health in Finland entitled "How We Did
It" as well as Finland's "Report on the Implementation of the Nairobi
Forward-Looking Strategies" were distributed, which contained the requested
statistical data and detailed information about the methods of
contraception used.
380. In reply to additional comments about the rise in birth rate, which
was unusual for a European country, the representatives said that it was a
result of the improvement of the day-care system and the increase in child
allowances. The use of the pill RU 486 was not allowed, however. In reply
for an explanation sought of the statement that "the first contraceptive
method" was provided without charge the representatives said that the birth
control services were always provided free of charge. The birth control
methods (for example pills) had to be paid for, apart from the first
contraceptive method, which was provided free of charge. Women were free
to choose the method of birth control they wanted.
Article 13
381. Members raised an additional question regarding women's pension
rights and inquired whether single women had sufficient means to be
economically independent at an older age in spite of working shorter hours
and living longer years than men.
Article 16
382. In response to questions about equal division of property acquired
during the marriage at its dissolution and income provided to women when
the marriage ended the representatives replied that the Finnish Marriage
Act rested on the principle of separate ownership. Both spouses were the
sole owners of their property, including the property acquired in marriage
and, at divorce, their property was usually divided into two equal parts
unless a marriage settlement agreement provided differently. Under the
Marriage Act the spouses were required to contribute to the joint finances
of the family and to the maintenance of the spouses. During the divorce
procedures the court may order the spouse to pay maintenance to the other
spouse to the extent it deemed reasonable. Maintenance order for spouses
had been granted very rarely. According to the Nordic model the foundation
of a person's maintenance was the person's own income or individual social
security.
383. Responding to additional comments the representatives explained that
the divorce procedure had become easier and that even if women ended up in
a worse financial situation after divorce, the social security system
guaranteed the minimum means for living. If parents could not agree on the
custody of their children, the courts decided. If they reached agreement
among themselves, that agreement had to be confirmed by the municipal board
of social affairs.
Concluding comments of the Committee
Introduction
384. The Committee applauded the State party for an excellent
presentation, based on the Committee's guidelines, of a thoughtful,
stimulating and inspiring report on progress in the implementation of the
Convention and in the promotion of gender equality within Finland.
385. The Committee commended the State party on consideration given and
actions taken in response to the Committee's comments on the State party's
initial report.
386. The Committee noted with satisfaction the constructive dialogue that
also ensued from the questions it posed to the second periodic report under
current deliberation.
Positive aspects
387. The Committee commended the recent publication of the Convention in
the Statute Book of Finland 1994, as well as the continuing amendment of
the Equality Act to further enhance the equality of women and men.
388. The Committee welcomed the positive approach of the State party to
the reconciliation of family and work, and to re-examination of the
traditional roles of men in this context, as a primary condition to the
promotion of equality.
389. The Committee noted with satisfaction the inclusion in the report of
special information on minority women, because of their particular
vulnerability to discrimination, and similarly the plans to foster
education for equality as a matter of human right and dignity.
390. The Committee expressed appreciation for the decrease in teenage
pregnancy and in the incidence of abortion, as a result of the State
party's comprehensive policy that includes family planning education, free
birth control services and the availability of legal abortion as a measure
of last resort in cases of contraceptive failure.
Principal subjects of concern
391. The Committee voiced concern over patterns of violence against women,
including incest, that had only recently become apparent and were presently
a subject of governmental consideration, though noting the recent
criminalization of marital rape as a positive step towards removing the
public-private distinction that had hitherto hindered governmental
intervention. It similarly expressed concern in this respect on the matter
of trafficking in women from foreign countries and sex tourism.
392. Another concern pertained to patterns of occupational segregation and
to disparities in wages between men and women, despite the official
governmental policy of economic independence as central to attaining goals
of equality.
393. The Committee also expressed concern about the relative absence of
women from high decision-making professional and administrative positions
in both the public and private sectors (the glass-ceiling phenomenon),
though noting the recent legislation mandating 40 per cent representation
of both sexes in governmental appointed bodies at national and local
levels.
Suggestions and recommendations
394. The Committee suggests that the third periodic report should include
information on efforts made to achieve equal pay for work of equal or
comparable worth, especially taking into account the role of government as
employer in the female-dominated public sector. It recommends that
concrete guidelines in this respect also be issued to those employers
subject to a duty to design plans for implementing equality under the
recent amendment to the Equality Act.
395. It further suggests that attention be paid to issues of violence
against women, sexual, domestic and otherwise, with particular sensitivity
to the vulnerability of foreign and minority women.
396. The Committee recommends that measures be taken to educate and train
judicial and administrative officials in applying the provisions of the
Convention, as a matter of human rights.
397. The Committee strongly recommends that the current discussion of the
Finnish Constitution Act refers to the suggestions made by the Council for
Equality and the Equality Ombudsman that the promotion of equality between
the sexes should be included in the obligations of the State.
Peru
398. At its 275th meeting, on 27 January 1995, the Committee considered
the second periodic report of Peru (CEDAW/C/13/Add.29).
399. In presenting the report, the representative underlined the
importance that the Government of Peru attached to the implementation of
the Convention, which it had ratified in 1982. She informed the Committee
that she was presenting an updated version of the second periodic report,
which had been submitted in 1991. The representative focused on the main
features of Peruvian society, highlighting the wide differentiation
existing between rural and urban areas, with specific laws for each, and
the efforts to include these differences in the Constitution of 1993,
including some ancient customs of the indigenous population. She
highlighted the fact that terrorism, economic recession and hyperinflation
had nearly led the country to a state of collapse, to which the Government
had reacted with emergency measures for political stabilization and
reconstruction of the country. The main measures taken included structural
changes in the economy and in international economic relations, the
promotion of human rights and democracy and the adoption of a new
constitution adapted to the economic, political and social changes that had
occurred during the past few years. She pointed out that the new
Constitution was being implemented through the development of rules and
institutions that would ensure its viability. Since 1993, a Programme for
the Elimination of Poverty, financed from both national and international
resources, was being implemented in the most affected areas of the country
and with specific focus on education, health and justice.
400. The representative reported on the main current aspects of women's
life in Peru. The public visibility of women was evident in the large
number who participated in various levels of decision-making and as
community leaders. This was explained by the high level of participation
women have had during the past decade, as professional and community
leaders, in actions for defence against violence and of providing for the
basic needs of the people. She reported that the Government gave special
importance to women's organizations and non-governmental organizations, for
which it had created a law ensuring the support and financing of their
activities. She informed the Committee that a Permanent Commission on
Women's and Children's Rights had been created in the Ministry of Justice.
This Commission, which has a coordinating function between the State and
civil society, develops and disseminates studies and promotes the defence
of human rights for women and children as well as legislative changes, and
coordinates and promotes actions regarding women and children in
coordination with the executive, civil society and international
organizations. It evaluates its activities and develops a platform of
action for women. The Commission includes members from governmental
institutions, the Church, the private sector and non-governmental
organizations concerned with issues related to women and children.
401. She also pointed out that, as a result of terrorism, there had been a
growing number of women heads of households. Equality in access to
education had nearly been reached and girls represented 50 and 40 per cent
of students enrolled in primary and secondary levels of education,
respectively. Women's access to formal market labour continued to be
restricted by their parenting activities, which were not yet shared by men.
Although, at the national level, fertility had declined and more women knew
about methods of contraception, there was a wide difference between rural
and urban areas. She stated that the Constitution gave equality between
women and men clear legal support and that the Civil Code, the Labour Code
and the Children's Code were under review. The Government had appointed a
growing number of women to top decision-making levels in all sectors of the
executive, legislative and judicial systems.
General comments
402. The members of the Committee welcomed the fact that Peru had ratified
the Convention without any reservations, that the Convention was an
integral part of domestic Peruvian legislation, and that, in the event of
any conflict, the Convention would prevail.
403. Members noted that Peru's second report did not take into account
observations made by the Committee on the first report and did not even
follow the Committee's guidelines. The representative emphasized that, in
1990, at the time of the preparation of the second report, the country's
situation had been especially difficult and had impeded the normal
functioning of several institutions. She informed the Committee that
subsequent reports would take into account the guidelines for the
preparation of the reports.
404. When the initial report was submitted, the Committee, while
recognizing the enormous difficulties facing the country, had asked for
more detailed information concerning the existence of women's
organizations. Members noted that the current report did not provide
relevant information on that point. Members also asked whether the report
had been published. In reply to a question as to whether non-governmental
organizations had been consulted, the representative informed the Committee
that in Peru there were 110 women's non-governmental organizations,
including eight networks, and that common action was being developed in
order to promote a new social perception of women, gender perspective in
social and economic policies and women's participation in decision-making.
405. Members expressed concern that the lack of official statistics on the
status of women, to which the report referred, was a source of sexist
prejudice which impeded the understanding of the situation of women in
Peru. They wanted to know what the Government was doing to update or
improve data pertaining to the status of women. The representative replied
that subsequent reports would include statistics on women which were
collected in the 1993 national census. The National Institute of Statistics
and Computing had formed the Inter-institutional Commission for the System
of Social Indicators on Children, Youth and Women for the generation and
systematization of statistics on these groups.
406. In the context of legal initiatives undertaken since the initial
report, one member asked which of the two Acts - No. 25011 and No. 23506 -
afforded better protection against discrimination. The representative
replied that law No. 23506, concerning habeas corpus and amparo, had been
promulgated in 1982. That law had been modified in 1989 through law No.
25011, and in 1992 by legislative decree No. 25433. Those laws seek to
guarantee individual freedom to men and women which can be enforced through
the Constitution. She noted that, consequently, women can enforce the
rights established in the Convention through those laws.
Questions relating to articles
Article 2
407. Article 101 of the Constitution provides that international treaties
subscribed to by Peru shall subsequently form an integral part of national
legislation, and that the Convention thus supports and protects women
against all forms of discrimination. In reply to concerns raised by the
Committee relating to the real force of this provision, the representative
stated that, effectively, the Constitution of Peru provided that
international treaties concluded by Peru formed part of municipal law, and,
accordingly, article 2, which established that everybody is equal and
cannot be discriminated against by reason of sex, was part of the law of
the land. She agreed that despite the increase in the integration of women
in public life during 1990, de facto inequality between women and men was
still persistent.
408. Asked about the specific content of the equality clause in the
National Population Law and whether recourse was available in the event
that national equality legislation was not applied at the local level, the
representative said that the National Population Law established equality
between men and women where family planning was concerned and provided
recourse to courts.
409. The report stated that relatively minor provisions of the former
Civil Code concerning women had been retained in the new Code, which was
promulgated in 1984. Members of the Committee requested information on how
many cases had been heard by the courts under the new Civil Code with a
view to halting activities that discriminate against women. The
representative said that the Civil Code of 1936, which discriminated
against women, had been replaced by the 1984 Civil Code after the
promulgation of the 1979 Constitution, and that the main changes introduced
concerning discrimination were with respect to married women. She informed
the Committee that there was no information on cases of discrimination or
their prosecution by the judiciary and that studies are required in this
regard.
Article 3
410. As to the new Constitution which entered into force in December 1993,
various concerns had been expressed with respect to a number of elements,
especially the fact that the principle of fundamental equality had been
eliminated and that economic, social and cultural rights had been omitted
from the category of fundamental rights. It was also pointed out that, by
and large, the State no longer shouldered the responsibility for social
welfare, such as the provision of health services, education and land
redistribution; it was feared that all this had negative repercussions for
women and had affected their status. The representative emphasized that
the 1993 Political Constitution of Peru included chapters on "The
Fundamental Rights of the Person", "Social and Economic Rights" and
"Political Rights and Obligations". These three chapters made specific
reference to the role of the State in the area of employment, health,
education, security, public services and infrastructure. Furthermore, she
pointed out, the Government had given priority to the elimination of
poverty by the establishment of a large programme of public expenditure on
education, health and basic justice. This social policy put special
emphasis on the most vulnerable sectors of the population, specifically
women and children. Furthermore, article 4 of the Constitution clearly
stated that the community and the State are both responsible for the
protection of abandoned children, adolescents, mothers and the elderly.
Following the 1993 Constitution, land distribution was effected through
market mechanisms.
411. As to the questions of specific integrated policies for women, the
representative informed the Committee of the public policy regarding women
and its objectives. These include: access to decision-making, equality
and equity in the benefits of development, equality with men in political
participation and citizenship, incorporation of gender equity in the
mainstream of public policies and elimination of cultural and attitudinal
sex stereotypes. She further emphasized that the Government was
coordinating its action with that of women's NGOs, specifically in
nutrition, health, education programmes and in rural areas. She also made
reference to other coordinating activities around specific issues.
412. Asked whether a Police Commissioner's Office for Women has been
created and, if so, how it operated, the representative replied that, since
1988, the Government had opened 12 women's police offices. These offices,
which have the support of women's NGOs, offer affected women legal,
psychological and social advice. These actions have the support of women's
NGOs.
Article 5
413. Members of the Committee noted that human rights organizations had
documented cases of rape perpetrated against rural and indigenous women in
areas subject to civil strife. There are reports of 40 instances of rape
allegedly committed by security forces in the course of interrogations in
such areas. It had been estimated that only 10 per cent of all rape
victims officially reported the crime because it is difficult to prosecute
perpetrators. There were also reports of rape by members of Shining Path.
In reply to requests for more information about the causes of violence
experienced by these women and preventive action that has been taken, the
representative informed the Committee that, according to investigations
carried out by the Government and NGOs women had been the victims of
terrorist activities by the Shining Path and the Revolutionary Movement of
Tupac Amaru, as well as in some instances by the security police force.
Investigations were under way to prosecute such crimes.
414. Peruvian non-governmental organizations have compiled very thorough
data on violence against women, and members of the Committee wanted to know
what concrete steps or initiatives the Government had taken to protect the
fundamental human rights and dignity of women and the physical integrity of
its citizens. In reply, the representative said that law No. 26260,
promulgated in 1993, established the legal framework to confront domestic
violence. That law, which was currently being implemented and
disseminated, had been accompanied by the creation, in the capital, of
advice centres for women. Other measures were being implemented, including
changes in school curricula, campaigns for the dissemination of the law and
its importance and the opening of a greater number of women commissioner's
offices.
Article 6
415. When the initial report had been considered, further information had
been sought with respect to the extent of prostitution, the role played in
that phenomenon by poverty and the steps taken to combat it, including the
establishment of health identification cards. While the current report
described a disturbing increase in the number of women engaged in
drugtrafficking and terrorism, no mention was made of the problem of
prostitution, even though the aforementioned activities generally led to
prostitution. The representative was requested to inform the Committee
whether houses of prostitution were widespread and health checks effective.
The representative informed the Committee that the Penal Code regulated
prostitution and included obligatory sanitary control. She pointed to
studies carried out by NGOs and to studies planned by the Government to
obtain more information and statistics on this issue. Child prostitution
was condemned in the legal code.
416. Replying to a question as to whether the Ministry of Justice had
taken any steps to improve the condition of female prisoners, the
representative said that women prisoners represented nearly 10 per cent of
the total of prisoners and that they were placed in prisons exclusive to
women, mostly attended by women officers. Supreme resolution No. 047-92-
JUS specified that children of female prisoners up to the age of three
could be accommodated in separate child-care centres. She noted that many
of the leaders of the terrorist movement were women. She also noted that
training programmes in human rights were developed for police officers in
this respect.
Article 7
417. Asked about specific measures taken by the Government to increase
women's participation in the decision-making process, the representative
informed the Committee that the Government had appointed two women
ministers and increased women's visibility by nominating them to various
levels of decision-making in central government and its autonomous
agencies.
418. Regarding the request for specific information on women in the
various sectors of public affairs, and especially in politics, she informed
the Committee that in 1979 the right to vote had been extended to
illiterates, who were mostly women. However, the political participation
of women was very low and its growth slow; she quoted statistics showing
that at the local level, in the country and Lima, respectively, 5 per cent
and 11.6 per cent of mayors were women. In 1990, women represented 40 per
cent of members in the professional organization of accountants, and 20 to
25 per cent of members in professional organizations of doctors, lawyers,
architects and odontologists. However, she also emphasized that the
political crisis had placed many women in leadership positions in important
political parties and that, at the local level, poverty and political
violence had given women a leadership role, where they had acquired
negotiating and managerial skills.
419. The representative was asked for information on the participation on
women in the current Parliament as compared to 1991. The representative
informed the Committee that, in 1992, the proportion of women in the
Congress was slightly higher than in the past, i.e., currently 8 per cent.
Article 11
420. According to the report, 81 per cent of all women are unemployed or
underemployed. Problems relating to women's employment were particularly
important because 23 per cent of all Peruvian households were headed by
women. This was also significant in view of the fact that women have access
to various vocational education and training programmes. In addressing the
reasons for the unemployment rates of women, the representative emphasized
that the heavy burden of family responsibilities was still impeding women's
employment. She informed the Committee that child-care alternatives had
been introduced by civil society and that the Government was working in
cooperation with the United Nations Children's Fund (UNICEF) to set up
child-care centres and to open up job opportunities for women.
421. The representative informed the Committee that law No. 24705 of 1987,
which qualified home-makers as independent workers and, in consequence,
allowed them to have access to health services and pension schemes
guaranteed by social security, was being implemented.
422. In reply to a question concerning the proportion of women who could
obtain access to social security protection, the representative said that
article 12 of the Constitution established that the Government guarantees
social security to all. Working women, whether employed, or self-employed
independent workers, have access to social security, as do those who are 55
years old and have contributed to the social security system for at least
five years.
423. Asked about the sectors in which women and men were typically
employed, the representative said that, in 1991, 67 per cent of
economically active women were engaged in tertiary activities. That
represented a 10 per cent increase compared with 1981.
Article 12
424. Since family planning information and advisory services are provided
by private agencies and financed by international organizations, members
wanted information on the percentage of the population involved in family
planning, on the profile of the population served by family planning and on
the initiatives the Government was taking in this context. In reply to the
Committee's concerns, the representative informed it that knowledge about
family planning methods among married women is widespread. Fifty-nine per
cent of women of fertile age (15 to 44 years) had employed some form of
contraception: 56 per cent of them used modern methods and 44 per cent
preferred traditional methods. The natural rhythm method seemed to be on
the rise. She indicated that the choice of method was directly linked to
location (urban or rural) and to the level of education, with women living
in urban areas and with a high level of education tending to choose modern
methods. In so far as public action in this context was concerned, the
representative informed the Committee that the National Fund for
Compensation and Social Development, one of the main programmes directed to
the elimination of poverty, had directed 7 per cent of its budget to the
health sector, mostly for the improvement and expansion of health centres.
Although the current coverage of the health infrastructure per capita was
inadequate, she noted that it had doubled since the last decade. Public
institutions in charge of family planning were the National Council of
Population, the Ministry of Health and the Peruvian Institute for Social
Security.
425. In reply to questions regarding the legislation relating to abortion
and its practice, the representative informed the Committee that the Penal
Code of 1991, which replaced that of 1924, provided for imprisonment up to
two years in practice, however service for illegal abortion was
implemented. She stated that the Peruvian Government considered abortion
to be a serious public health issue and the principal cause of mortal
maternity, especially among poor women. She added that the law provided
only for therapeutic abortion, which was available only when the mother's
health or life was in danger. Doctors had to face a more severe punishment
depending on whether the woman had consented and whether the abortion had
led to her injury or death.
426. Members requested information on the country's population policy, as
well as more statistical data on the health situation. They also asked
whether data were available on the prevalence of contraception. The
representative quoted statistics which showed that in 1993, the maternal
mortality rate was 261 per 100,000, a decrease since 1981, when the rate
had been 321. She informed the Committee that maternal mortality rates
among women without formal education were higher than the national average
and higher than the rate 10 years previously. The main factors identified
as causes were abortion and inadequate sanitation. Estimates of rates of
infant and child mortality were an average of 64 and 92, respectively, per
thousand for the period 1981-1991. The representative informed the
Committee that in Peru only half of childbirths were attended by
professionals. However, in rural areas only 18 per cent of births were
attended. She pointed out that the number of persons affected by human
immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS) was
increasing and that the registered number in 1992-1993 was higher than the
total registered from 1983 to 1991. She said that there was a growing
proportion of women and children among the affected. She emphasized that,
despite the growing incidence of HIV/AIDS, insufficient attention had been
paid to the disease and the response of the judicial-legal system to it was
inadequate. She informed the Committee that when the disease had been
first discovered, there was only one woman victim for each 20 affected men;
today, the proportion was one woman for each four men. She stated that
this increase reflects women's social, biological and epidemiological
vulnerability.
Article 14
427. Most rural women in Peru were said to be occupied in the most
traditional forms of farming, in which they undertook the most menial
tasks. In reply to a question about whether any measures were planned to
improve that situation, the representative said that rural women had a
leading role in their communities because during the past decade many men
had died or migrated. She confirmed that most women were not involved in
income-generating activities. She indicated that the Government was
implementing a project which recognized women's rights to have access to
the land which they directly worked and thus access to wealth. Another
project, designed to allow the transfer of technology to rural areas,
included the participation of women as extension agents. She said that a
network, led by the Food and Agriculture Organization of the United Nations
(FAO) and made up of several institutions from the public and private
sectors, had been created for the support of rural women.
428. Members expressed concern at the fact that, in the absence of
decentralization called for under the national regionalization plan, women
were denied any involvement in decision-making. The representative
recalled that violence and economic crises had induced rural women to
assume various public duties. She emphasized that, during the previous
decade, the role of women and the perception society had of them, as well
as the expectations of women themselves, had changed. Nevertheless, she
noted that, although women were increasingly integrated and accepted in the
public sphere, women's equality within the private sphere remained a
problem.
429. In reply to a question about concrete steps the Government had taken
to raise the living standards of indigenous women, the representative said
that the Government had primarily directed its efforts to supporting the
basic needs of rural women. At the present time, the Ministry of
Agriculture was developing programmes for women's access to resources. It
was also coordinating the network of international and national
organizations for the support of rural women, through their organization
and the management of credit.
Article 16
430. Members of the Committee requested more detailed information on the
Family Code, divorce and differential views on adultery by men and women.
The representative informed the Committee that the Peruvian Civil Code
included a chapter on divorce which did not discriminate between women and
men. Replying to questions relating to the provision of alimony after
divorce, the representative said that alimony was awarded, without
distinction between women and men, to the partner who had fewer economic
resources and this obligation ceased automatically if the person receiving
alimony remarried.
431. Replying to the Committee's request that it be provided with
statistics on divorce and child custody (maternal/paternal/other), the
representative said that the Government was in the process of developing
statistics on the subject and identifying the main variables for their
study.
Concluding comments of the Committee
Introduction
432. The Committee commended the Government of Peru for ratifying the
Convention without reservations. The report did not follow the general
guidelines and lacked important details such as comparative statistics over
time. Information requested by the Committee when the initial report was
submitted were not provided in the second periodic report. One such
information was the involvement of women's organizations in the preparation
of the report.
Positive aspects
433. The Committee noted that the Convention was an integral part of the
Peruvian domestic legislation and in the event of any conflict, the
Convention prevailed.
434. The Committee noted that although the Special Commission on Women's
Rights was terminated in 1990, a Permanent Commission on Women and
Children's Rights had been established in 1994 to coordinate activities
relating to women's rights.
435. The Committee noted the passage of a Domestic Violence Law, which had
been supported by many women's groups. It would complement the work of
Police Stations (Comisarias de Policia) in dealing with cases related to
violence against women. Likewise, a law prohibiting discrimination against
pregnant women had been passed.
436. The Committee noted the increase in women judges in Peru.
Principal subjects of concern
437. The Committee asserted that peace and development were essential for
promoting women's rights and should be pursued, even as the Government was
trying to extricate itself from political crisis. Concern was raised about
the effects of recent political developments in Peru on women, particularly
in the exercise of their civil liberties.
438. The Committee raised concern about reports of rape, gang rape and
custodial rape which had been documented by human rights organizations,
especially those occurring in the "emergency zones" and affecting
indigenous and peasant women.
439. Special concern was expressed by the Committee to the plight of
displaced/refugee women and children in resettlement areas.
440. High unemployment rates among women was another matter of concern of
the Committee. It had forced women to seek employment in the informal
sector without access to credit, social benefits and other supportive
infrastructure.
441. The Committee was alarmed to note that women were resorting to small-
scale drug trafficking as a means of survival.
442. Whereas women had been entering universities in increasing numbers,
illiteracy among women still remained high.
443. The health status of women and children in Peru was of great concern
to the Committee, particularly as regards high maternal mortality rates
resulting from clandestine abortions.
Suggestions and recommendations
444. The Committee calls upon the Government to ensure the provision of
social services as education, employment and health as this greatly affects
women.
445. The Committee strongly recommends the strengthening of the National
Council for Human Rights in its investigation of human rights abuses
against women detainees and civilians and calls for more updated and
gender-disaggregated information on the Nationwide Register of Detainees as
well as cases of enforced disappearances.
446. The Committee urges the Government to look into the causes of high
maternal mortality rates arising from clandestine abortions and to review
the law on abortion, taking into consideration the health needs of women
and to consider suspending the penalty of imprisonment for women who have
undergone illegal abortion procedures.
447. The Committee suggests further that the Government seek the
cooperation of medical associations and of judges and lawyers to consider
more expansive use of the therapeutic exception to the criminal prohibition
of abortion, in cases of danger to the mother's health.
448. The Committee calls for more effective measures to hasten the
reintegration of displaced and refugee women into society.
449. The Committee encourages the Government of Peru to take measures that
the strengthening of the family leads simultaneously to a strengthening of
individual rights of women and to an equal distribution of responsibilities
between women and men.
450. The Committee recommends that the organ which was created to
coordinate the activities regarding women's rights be politically and
administratively strengthened in order to coordinate public policies aimed
at improving the situation and position of women.
451. The Committee asks that the subsequent report be written in
conformity with the reporting guidelines and contain comparative
statistics.
--4. Third and fourth periodic reports
Norway
452. The Committee considered the third and fourth periodic reports of
Norway (CEDAW/C/NOR/3 and CEDAW/C/NOR/4) at its 277th meeting, on 30
January (see CEDAW/C/SR.277).
453. In introducing the report, the representative pointed out that the
priorities set out in the White Paper to the Parliament (Storting) in the
spring of 1993 included an active child-care policy with a focus on shared
family responsibilities between the parents, renewed efforts to reach the
goal of equal pay, and more effective actions against the abuse of women
and sexual violence. She noted that efforts to change the rules and tasks
of men and to see the gender question as one of Norwegian human resource
development, was one of the top priorities of the Government. She also
focused on the instruments used in the gender equality policy, including
the proposed revision of the Norwegian Gender Equality Act of 1978 and the
discussion of equality as a concern for both local and regional
authorities.
General comments
454. Members of the Committee commended the detailed and thorough written
and oral reports. They praised the Government of Norway for the
conceptualization and implementation of its gender policies, thereby
serving as a role model for many countries, and they welcomed the fact that
the Convention had been ratified early without reservations.
455. Members applauded the fact that in preparing the third periodic
report the Government had carried out consultations with non-governmental
organizations and transmitted the report to major women's organizations in
the country for comments. Members noted that the general view of the NGOs
was that the Government had represented the situation of women extremely
well, but that they felt that there were still problems in legal areas and
in the participation of women in public and private life.
456. Members of the Committee wanted to know whether the meaning of the
concept of equality in Norway refers to the recognition of equality in the
Constitution as meaning equality between the sexes and an equal division of
work, paid or not, and an equal availability of resources. The
representative explained that the Norwegian Constitution is gender-neutral
in its formulation. It contains no explicit provision of gender equality
or prohibition against gender discrimination. The Government is currently
considering whether to include various human rights conventions, such as
the Convention on the Elimination of All Forms of Discrimination against
Women. In 1995, the Government will present a white paper on this subject.
Equality between the sexes is regulated by the Gender Equality Act (1978),
article 1 of which states: "This Act shall promote gender equality and
aims particularly at improving the position of women. Norwegian women must,
nevertheless, today be considered to have achieved de jure equal status
with men". The representative noted that the gender perspective was
currently mainstreamed in all areas of the Government, and all Ministries
had established a focal point for gender issues. They had the obligation
to make gender issues visible, to include them in policy formulation at the
earliest stage possible and in all routines, to follow up and evaluate
implementation and to influence recruitment policies; they planned to
create gender balance and thereby improve substantive results.
457. Members wanted to know how the economic changes in the country which
aimed at a revised distribution of social investments had affected
programmes for women. The representative replied that the budgetary
situation has been strained since the late 1980s. However, important
reforms had been implemented in the same period, including improved and
flexible solutions targeted at harmonizing work and family
responsibilities. The welfare system is at present under revision. The
aim is to achieve a more cost-effective system and to be better able to
target services and benefits. Furthermore, the representative said that
there has been an increased awareness of gender roles both among
politicians and in the administration, which has served to counteract any
possible negative impact on women.
458. Members requested more statistics and wanted additional information
regarding articles 6, 13, 18 and 19 of the Convention.
Questions relating to specific articles
Article 2
459. There is some concern that the Equal Status Act is being interpreted
in some quarters to mean equal access by men to occupations where they seem
to be underrepresented, such as health and welfare occupations. Members
wanted to know if, at the same time, there are plans to increase the number
of women in areas dominated by men. The representative told members that
the Gender Equality Act permits different treatment of the sexes when that
promotes gender equality. So far, different treatment with respect to
women has only been permitted in favour of women. The Act is at present
under revision, and the Government has proposed modest forms of positive
action in favour of men related to jobs in child care and the teaching of
young children, in day-care centres, primary school and child welfare
institutions. This will not alter the fact that the main purpose of the
Gender Equality Act has been to promote the situation of women, and this
will remain the case in the future too. The Norwegian statement also
referred to the Nordic project "BRYT", a programme designed to break down
the sex-differentiated labour market, as described in the third periodic
report (see CEDAW/C/NOR/3, para. 137).
Article 3
460. The report stated that the Norwegian Equal Status Act covers all
fields including education, employment and politics. However, as the Act
does not cover family and personal affairs in reality, there is a high
possibility that some critical areas of concern of women are left
unaddressed by this legislation. The Committee was especially concerned
with provisions in the Norwegian legislation to exempt certain religious
communities from compliance with the equal rights law. Since women often
face greater discrimination in family and personal affairs in certain
communities and in religion, they asked the Norwegian Government to amend
the Norwegian Equal Status Act to eliminate exceptions based on religion.
The representative replied that the Norwegian Gender Equality Act stated
that "The Act relates to discrimination between women and men in all areas,
with the exception of internal conditions in religious communities". The
reason for this exception is article 2 of the Constitution, which
establishes the right of all persons, including both those from dissenting
communities and the Church of Norway, to the free practice of religion.
"Internal condition" may be what the religious communities themselves
reasonably consider to be theological questions. The appointment of
clergymen, preachers and chaplains has been exempted from the reach of the
Act. However, the appointment of staff whose tasks have not been connected
with religious practice, for example, caretakers or welfare officers at the
church family guidance officers, has not been exempted from the Act. The
family is not regarded as a religious community and therefore the Act also
applied to family life and served as a guideline for family life.
461. Concerning the fact that immigrant women constitute a sizeable
percentage of those abused in Norway, members asked what special programmes
are in place to assist them. The representative answered that the
disproportionately large numbers of immigrant women who are reported as
seeking refuge at the crisis centre have been a phenomenon limited to the
capital. Moreover, a joint Nordic survey concerning immigrant women and
the crisis centres has included suggestions for improvement of the centres.
Special programmes have not been applied and the policy concerning
immigrants has focused more on integration in existing services and
mainstream programmes. In Oslo there is, however, a resource centre for
immigrant and refugee women (MIRA). This Resource Centre assists immigrant
and refugee women, including women victims of family abuse, and constitutes
a useful link between Norwegian authorities and immigrant women. It does
not represent an alternative to mainstream crisis centres, but has, rather,
served a supplementary function.
462. Members wanted to know what measures were being undertaken to
preserve the welfare programme especially aimed at women within the general
framework reviewing the welfare system. The representative stated that, at
present, the National Insurance Scheme and other welfare programmes have
been scrutinized in order to provide a basis for the Government's view on
the need for changes which will be presented during the spring of 1995. It
would be a misinterpretation if this was construed as "cut-backs under
way". The general background to this activity included the need for a more
efficient resource allocation, which may lead to cut-backs in areas where
present spending is found to be unjustified or even unreasonable compared
with spending in other areas. The motivation for the scrutiny has been to
avoid the welfare state turning into a rigid structure unable to adapt to
the needs of a society undergoing rapid changes. Special attention will be
given to female-headed households to further the reintegration of these
women into the labour market. One of the main objectives of the Norwegian
policy will continue to be to promote equality between men and women even
in the welfare field and to adapt welfare programmes accordingly.
Article 4
463. Members wanted to know to what extent affirmative action measures are
actually being applied. In what sectors are the major obstacles to be
found? In what sectors has the presence of women increased and what
benefits have flowed from this? The representative addressed affirmative
action as preferential treatment and special quota arrangements. The
Gender Equality Act includes a provision requiring at least 40 per cent
representation of each sex in all official committees, boards, councils,
and so forth. Although this provision is not binding for political parties
in the course of the 1980s, most political parties have adopted gender
quotas on a voluntary basis and have been successful in promoting women's
political participation. In the fields of employment and education,
affirmative action has been permitted, but not prescribed. Moderate forms
of preferential treatment have been in effect in the public sector since
the first half of the 1980s, so that women candidates are to be preferred
in sectors where women are numerically underrepresented, when
qualifications are identical or roughly equal. A recent research project
found that a quota system has not been applied to any great extent in
employment and education. Rather, advertisements for vacant posts with
statements like "women are encouraged to apply" have been proved to be
effective. There are, however, some obstacles in this area. Preferential
treatment has not been sufficiently integrated into collective agreements
and regulations in the public sector. Also, there has been a general lack
of such agreements and actions in the private sector. This must be seen in
the light of the parties' reluctance to accept any interference with their
freedom of choice, and the fact that use of quotas has been controversial.
Moreover, women's employment has increased primarily in the public, social
and private service sectors. Two out of three employees in these sectors
are women and more than 50 per cent of all working women are in the public
sector. Furthermore, the structural changes in the labour market in the
1980s have been favourable for women-dominated occupations and for women's
employment. Increased unemployment affected women less, because of the
sex-segregated market.
464. Noting that the Ombudsman has called for a more effective affirmative
action policy, the members wished to know whether such affirmative action
legislation has been adopted so far. The representative replied that the
third periodic report, which noted the Ombudsman's request for a more
effective affirmative action policy, explained that the view of the Gender
Equality Ombudsman was that existing affirmative action measures should
either be strengthened to gain proper effect, or abolished altogether, as
in her opinion the existing arrangements served to give the public
unrealistic notions of women's opportunities in the labour market. She was
particularly worried that the proposed amendment to the Gender Equality
Act, which would allow affirmative action for men, might change the present
balance in favour of men. The effects of affirmative action measures are
being evaluated at present. The proposed amendment to the Gender Equality
Act was presented in the fourth periodic report. The intention behind the
proposal to allow positive action in favour of men in a limited number of
occupations in the caring sector is to activate men's caring potential,
which would serve to counteract the strict sex-segregation in the labour
market and also provide children with less stereotyped conceptions of
gender roles. Another concern expressed by the Gender Equality Ombudsman
has been with respect to the enforcement of the quota arrangement in
collective agreements, since the social parties are reluctant to accept any
interference. In order to strengthen the obligation to put in place active
measures for equal status in all parts of the labour market, the Ministry
wishes to go further. Legalization of the Plan of Action is now under
consideration. This would mean that employers, in cooperation with the
employees' organizations, would have to act and fulfil the obligations
according to agreements involving preferential treatment.
465. A member wanted more information regarding mainstream policies and
their various procedures. Are these policies included in the law or are
they just a consensus by the Cabinet? The representative replied that, at
present, the mainstreaming policies are only a consensus of the Government.
However, extensive efforts were made to integrate them into the routine
procedure of the Government.
Article 6
466. Despite all the steps taken to assist and support victims of sexual
abuse (incest, rape, etc.), violence against women does not seem to have
been reduced. The members wanted to know if any study has been carried out
on the causes of this phenomenon so as to find out which aspects of the
society are responsible for these crimes. The representative stated that
several studies have been carried out in order to understand the causes of
violence and which aspects of society may be responsible for such crimes.
The findings on these studies, however, differ depending on their
theoretical framework. Most studies have been based on psychoanalytic
theory, system theory or feminist theory. Studies within a psychoanalytic
framework see violence as a consequence of the individual history. In
system theory, the generation perspective is important, explaining violence
as an issue of revictimization. Many victims repeat the abuse that they
themselves experienced as children. The feminist perspective focuses on
the power relation between men and women. It is well known that most
abusers are men while the victims may be boys, girls or adult women.
Empirical evidence suggests that gender power and family pattern have been
central in understanding the prevalence of sexual violence in society.
467. Norway deserves to be commended for attempting to look at the other
side of prostitution - namely, its male consumers. A study on prostitution
has provided an analysis of prostitution as a problem which is not simply a
problem of women but of male sexual needs and desire to "control sexual
relations". As a result of the instructive insights of the study of
prostitution referred to in the report, the members wanted to know if the
Government had introduced measures to sensitize the population in general,
and men in particular, on this issue. The representative explained that
the national authorities had recently given the National Centre on
Prostitution a responsibility to develop strategies that might prevent
prostitution, inter alia, on the basis of research findings. The centre
was opened on 1 January 1994. Further information will be provided in the
next report.
468. As to rehabilitation efforts to assist prostitutes through
information campaigns and seminars for police, health and social officials,
and so forth, members wanted to know what the result had been of these
seminars and if this is a continuing programme. They requested a
definition of "rehabilitation" and the programmes under it. The
representative said that the national programme for regional seminars on
prostitution had concluded, and the responsibility for up-grading knowledge
concerning prostitution at present lay with the National Centre on
Prostitution. Two regional seminars were held under the national programme
and were considered to be useful by the participants, who were drawn from
different institutions within welfare and services. Furthermore,
"rehabilitation" refers to assistance aimed at the prevention of
prostitution. This may include general information, guidance, economic
assistance, paid vocational training, psychological help, participation in
self-help groups and other individual support, development of "career
plans", and so on.
469. As to the increasing incidence of child abuse, the Committee noted
the establishment of centres for incest victims. The members wanted to
know if preventive and rehabilitative measures also are directed to the
abusers. Is there legislation dealing with this issue? The representative
stated that the fourth periodic report described two measures directed to
abusers. The Ministry of Social Affairs has provided funds for three
treatment projects for persons convicted of sexual crime. A reference
group will evaluate the projects and present proposals for treatment of
sexual criminals. One major issue of the research programme (1992-1996) on
sexual violence was the role of men as abusers and the preventive measures
related to abusers.
470. The members wanted to know what the situation is concerning the sex
business in Norway. What is the Government's policy here? The
representative explained that in Norway, sex business has been considered
to be comparatively limited. In recent years, a tendency towards more hard
core pornography has been observed. It is also assumed that prostitution
may be increasing because of the internationalization of the sex trade.
Sex trade in various forms has been regarded as a serious matter by the
Government. In this respect, combating child pornography and focusing on
the persons that profit from prostitution have been among the concerns of
the Government. The major approach has been to sharpen the provisions in
the Penal Code relating to pornography and pimping. In relation to
prostitutes, the authorities have initiated and supported several projects
aimed at both preventing prostitution and motivating prostitutes to leave
prostitution. Detailed information was presented in the fourth periodic
report.
Article 7
471. As to the quota of 40 per cent representation of each sex on all
publicly appointed boards, councils and committees, which is as beneficial
to women as to men, members wanted to know what the public reaction to this
has been. What is being done to ensure that women can benefit more from
this policy? The representative stated that today there seems to be a
general agreement that men and women should be equally represented in
boards, committees, etc. appointed by public bodies. As early as 1981,
when the Government first introduced the amendment to the Gender Equality
Act, the majority of women's organizations, unions and political parties
expressed their support. In boards and committees appointed by
governmental bodies, the average percentage of women is at present close to
40 per cent, while women on boards and committees appointed by local
government is 36.4 per cent. Owing to quota provisions in the new Local
Government Act, women's representation may increase after the next local
government election. Women, however, are still underrepresented on boards
and committees in a number of traditionally male-dominated fields, for
example, defence, foreign affairs and trade. The representative also
stated that stricter enforcement of the quota provisions must be
accomplished in these sectors.
472. The Committee would have liked to see a fuller discussion of women
and power, particularly since increasing women's power and influence is a
crucial part of the equal status policy. Though women's participation in
public life has increased substantially in Norway, in some other important
spheres women are still a small minority - especially in the areas of
trade, industry and the media. With regard to political participation, the
Committee wanted to know whether women today really have more power in
Norwegian politics than in earlier times. The representative replied that
there has been great concern regarding women's poor representation in
managerial levels in the private sector. In the one hundred largest
enterprises women are not represented among executive directors. On boards
10 per cent are women. One reason for this may be that women seem to
prefer the public sector rather than the private sector. Furthermore, today
women account for 52 and 55 per cent of the total number of students
enroling at universities and colleges. In the traditional maledominated
fields such as law, economics and engineering, the percentage of women
candidates is 53 per cent, 30 per cent and 38 per cent, respectively.
Also, trade unions and employers' organizations devote increased attention
to the absence of women in high positions in private enterprises. Some
enterprises have introduced women's training programmes. Moreover, access
to the media usually implies power. In recent decades, the proportion of
women among journalists has increased. In 1992, the proportion of women
among journalists was 33 per cent. Among media students, the percentage
has been 58 per cent. Women's participation in politics has made women and
women's interests more visible in the media. Also, the media have
contributed to the degree of equality enjoyed by Norwegian women today.
473. The members wanted to know what substantive change has been brought
about by the increase of women in the public sector and politics, and
primarily in which sector the change has been most significant. The
representative stated that a high number of women in governance has made a
difference. In Norway, the most prominent result has been the progress
achieved in politics regarding family responsibilities. In the last few
years, a rapid expansion of government-subsidized child-care institutions
has been noted. Since 1986, parental leave has been expanded from 18 to 42
weeks with full wage compensation or one full year with 80 per cent wage
compensation. The costs have been provided by social insurance and not by
the employer. The time account scheme and the father's quota have been
other important reforms in this area, which have been implemented in
periods otherwise characterized by economic recession. The Government of
Norway believes that this would not have happened without the high
representation of women in politics.
Article 10
474. The members wanted to know if there are any special educational
benefits for women - especially disadvantaged women and single parents.
The representative explained that single mothers are, on the whole, better
educated than married women. There is, however, a limited number of very
young single women with few formal qualifications. Single mothers with
children up to the age of 10 are entitled to benefits regardless of whether
they have been undergoing education. Furthermore, single parents have been
entitled to benefits under the National Insurance Scheme to cover various
costs in connection with education, where education has been considered
necessary to qualify the single parent for the labour market. The average
educational benefit granted is about NKr 10,000 per year and covers the
purchase of necessary books, and so forth. Students have also been
entitled to favourable State loans during periods of education, and single
parent students may add substantially to their income from other benefits
under the welfare state.
475. Members wanted to know how the Government is supporting women's
studies. The representative stated that women's studies have been
established and have acquired a considerable reputation in Norway. Since
the 1980s, the Government has assumed the responsibility for increasing the
number of women researchers in all fields, supporting women's studies and
introducing them in educational institutions and elsewhere. As referred to
in the fourth periodic report, progress has been made in institutionalizing
women's studies. Obstacles remain, however, in the field of integrating
women's studies in university and college curricula, and in making the
results useful in the education of children and youth. Currently, special
attention is given to teacher education. The project Nord-LILIA, mentioned
in the fourth periodic report, aims to strengthen the gender perspective in
the method and content of teacher training. The Government has been
instructing the National Research Council to evaluate how women's studies
are approached in the universities.
Article 11
476. As to the increased participation of women in non-traditional fields,
members wanted to know if that had been sufficiently institutionalized in
different industrial sectors. The representative answered that the third
periodic report mentioned projects which aim to increase the participation
of women in non-traditional fields. The "BRYT" policy had, however, not
changed the gender roles in the fields of education and occupation.
Furthermore, structural changes and increasing unemployment in many male-
dominated sectors had contributed to restructuring. Moreover, measures to
encourage women to choose traditionally male-dominated occupations had been
actively supported by the Government.
477. Although Norway's population is highly industrialized and educated
with extensive social security coverage, the occupational and wage
differentials still remain significant. Members wanted to know what was
being done to reduce these inequalities. What are the obstacles and
reasons that impede equal treatment and equal salary for women? The
representative stated that Norway had come a long way towards the goal of
equality between women and men, but pay equity was still a matter of great
concern. Equal pay is not to be taken as a matter of course because of the
high level of education and workforce participation. Norway experienced a
negative trend in the 1980s and faced the fact that progress is not
continuous. It is apparently easy to reach agreement on the goal of equal
pay, but the choice of means is far more controversial. The fact that the
labour market is gender-segregated with women in the lowest positions
requires measures on the macroeconomic level. The Government is working
for an integration of the topic into the labour market policy and the wage
setting in general. The Norwegian Government has made efforts to address
the gender issue and the wage gap in the unions, in employer organizations
and the bargaining system. Furthermore, statistics and facts about the
wage gap are at present integrated in the document that forms the basis for
collective bargaining. The present policies seek to improve the working
conditions and payment in the traditional female-dominated sectors. A tool
for this can be job classification systems. The Government is now
developing non-discriminatory programmes for job evaluation. The aim is to
develop job evaluation for use in all parts of the labour market. The
unions have shown great interest in these measures and will take part in
these programmes.
478. However, the representative stated that the Government is of the
opinion that legislation plays a limited role in eliminating the wage gap.
Legislation is aimed, primarily, at securing individual rights. However,
improvements are continuously being made in order to make it more
effective. The Government and the Gender Equality Ombudsman are taking
joint action to inform the public more thoroughly about women's rights
under the Act. The aim is to encourage women to make use of these rights
in all sectors, including in working life. Furthermore, the Government
plans to introduce provisions on action plans for gender equality, which
will apply to employers who engage a certain minimum of persons. The
employers will be expected to conduct an annual survey which shows the
situation with respect to gender equality and to make concrete plans for
promotion of gender equality for the next year. Another project is to
establish a "check-list" on equal pay. This list is supposed to be a
practical tool for organs working for the achievement of equal pay, such as
gender equality machinery, social partners and employees.
479. Members wanted to know why there has been a significant rise of women
in the political hierarchy, while, at the same time, discrimination
persists in the area of employment, especially as regards the type of work,
conditions, hours and wage gap. What is the situation in private sector
companies? The representative replied that the answer to this question had
already been covered in other replies.
480. The report gives the impression that women have a choice between a
long working day or a shorter one with a lower pay scale. It would seem
that work is not equitably distributed between men and women. On the other
hand, it seems that supplementary pensions are calculated on the basis of
"points", a system that favours those who have performed regular,
uninterrupted service. The revised system for calculating supplementary
pensions has not eliminated the gap between the pensions of men and women.
Members wanted to know if there were plans to draft a law to do away with
this gap. The representative stated that the Norwegian pension system is a
two-tier system: a basic pension for all citizens regardless of their
source of income before being pensioned, and a supplementary pension on the
basis of earned "pension points", calculated each year in accordance with
income and paid for through taxes. The system as a whole posits a
comparatively strong redistribution of income: the better off get a
smaller percentage of their income during their working years than the rest
of the society. The better off, however, still get a higher pension. In
this kind of system, the gap between men and women will reflect the gaps in
participation in working life. The main factors behind the difference in
male and female average points are due to the fact that typical "female"
jobs are generally less well paid than typical "male" jobs. At present,
there are no plans to change this system. The reason for this is that a
uniform and compulsory pension system for all, paid for through taxation,
is an essential part of a good welfare state and allows a much better basis
for equality in standards of living for the older population than other
systems.
481. Members wanted to know if there is a statute for immigrants. The
report emphasizes that immigration to Oslo is abnormally high. Do all
immigrants come with their families? Under the circumstances, how are
female immigrants integrated into Norwegian society? Do the families of
immigrants have the right to work? What sort of work do they do? The
representative stated that approximately 30 per cent of all immigrants in
Norway live in the capital. Immigrants constitute 14.7 per cent of the
population in Oslo. Immigration policy is based on genuine equality in the
status of immigrants and Norwegians. Immigrants should be granted the same
opportunities, rights and obligations as the rest of the population. In
the last decade, immigration has been dominated by persons seeking asylum
and by family reunions, including both foreign wives of Norwegian men and
wives and children of immigrant men who are established in Norway. Family
members of immigrants with a lawful residence permit are generally entitled
to work. Immigrants are found in several branches of industry, such as
within oil and gas extraction, and in public services. Immigrants from
developing countries are clearly overrepresented in certain sectors such as
the hotel and restaurant sectors, cleaning, and certain manufacturing
industries. Immigrants, both men and women, experience unemployment more
frequently than the rest of the population. It is also a general concern
that the qualifications of immigrants are not fully utilized. Insufficient
command of the Norwegian language and various types of discrimination are
among negative factors. Programmes to facilitate integration into
Norwegian society, such as education in language and vocational training in
segregated women's groups, have been offered. Some of these programmes
also include psychotherapy. Furthermore, there are special training and
education schemes for immigrants in the employment service.
482. Members wanted to know what compensation a woman can get when she has
been discriminated against in the workplace. The representative replied
that according to the Gender Equality Act, a person who wilfully or
negligently violates the provisions of the Act should be liable for damages
in accordance with the rules on ordinary compensation. A woman who has
experienced discriminatory treatment, that is, in relation to pay,
recruitment or promotions, can sue her employer for compensation for
economic loss caused by that treatment. The courts also have the power to
overrule discriminatory appointments. Normally, courts hesitate to use
this power where an appointment has already been made.
Article 16
483. The report noted the increasing violence committed by spouses. The
Committee commended the legal measures taken by the Norwegian Government in
this regard, in particular the amendment of section 228 of the Penal Code
which allows the prosecution to prosecute unconditionally cases of violence
in families. Asked whether there were any statistics available on this,
the representative explained that there are no statistics available on the
effect of this amendment. There is reason to believe, however, that the
number of prosecutions against violent spouses has increased. Statistics
from the early 1980s have showed that almost half of the women who reported
violence committed by spouses either did not request prosecution or later
withdrew their request.
484. The Committee wanted to know if fathers take responsibility for their
children. How often do they use their right to paternity leave? Are there
investigations and records kept of complaints by fathers that they do not
have access to their children? The representative stated that surveys have
indicated that young fathers spend more time with their children today than
such fathers did 20 years ago. On the other hand, fathers of young
children spend increasingly more time in paid work as well as in overtime.
Since April 1993, four weeks of the parental leave has been reserved for
the father, which are lost to the family if not taken by the father. There
has also been a significant increase in the payment of parental benefits to
fathers. No record of complaints by fathers has been kept. Statistics
concerning family law, especially those regarding lawsuits concerned with
custody and right of access, are very poor. There is no information
regarding the number of fathers who have been prevented from access by the
other parent.
Concluding comments of the Committee
Introduction
485. The Committee applauded the State party on an excellent presentation.
Norway was among the first States parties to ratify the Convention, and in
fact had submitted four reports to the Committee in due time.
Positive aspects
486. The Committee applauded the Government of Norway for directing
attention to the necessary changes in men's roles and tasks as an important
element in achieving true gender equality, including men's encouragement to
use their right to paternity leave and to increase their involvement as
caretakers in the labour market.
487. The Committee commended the achievements in the areas of public life,
education, and labour market participation. Several of the six major
political parties had female leaders and, because of the quota system,
women constituted almost 40 per cent of all committees. Girls' education
had improved and it seemed to continue to rise. The Committee noted that
almost 50 per cent of the total numbers of pupils in upper secondary school
were women.
488. The Committee commends the continuing amendment to, and enhancement
of the Equal status Act to strengthen the role of the equality apparatus.
489. The Committee also welcomed the Government's holistic approach
towards solving the issues connected with prostitution.
Principal subjects of concern
490. The Committee expressed concern about the absence of women from
higher level management posts in the private sector.
491. The Committee was also concerned about the patterns of occupational
segregation in the labour market and disparities in wages between men and
women. The Committee expressed its concern about the high number of women
working parttime, as well as about the pay differentials which were
reflected also in the pensions.
492. The Committee voiced concern over patterns of violence against women,
including incest.
Suggestions and recommendations
493. The Committee suggests that the fifth periodic report include
information on the results of the general review of the welfare programmes,
including the scrutinization of the National Insurance Scheme; it should
also provide information on how and to what extent the changes resulting
from the review have affected women.
494. The Committee encourages the Government to take serious steps to
address the problem of violence against women. It further suggests that
attention be paid to the issue of violence against migrant women and
trafficking in women.
495. The Committee suggests that the next report include more statistical
data on the women living in Norway. The Committee would also like to have
more information concerning general recommendations, in particular on
general recommendations 13, 18 and 19.
Russian Federation
496. The Committee considered the third and fourth periodic reports of the
Russian Federation (CEDAW/C/USR/3 and 4) at its 274th meeting, on 26
January 1995.
497. Introducing the fourth periodic report, the representative of the
State Party outlined the current economic, political and social situation
in the Russian Federation and stressed that the position of women should be
viewed within the context of the problems generally encountered in those
areas. She stressed the depth and permanent nature of the current reforms
in the Russian Federation and their international implications. She also
pointed to the high economic and social costs of restructuring and to a
whole new set of issues that the Russian Federation has had to deal with in
the context of that process. Among the most acute issues were the
continuing economic deterioration, the decline in real incomes, the spread
of poverty, unemployment, massive migration and a sharp worsening of living
standards for what appeared to be the majority of the population. Those
problems were further complicated by serious ecological problems and the
deterioration of the physical and social infrastructure caused by the sharp
decline in capital investment.
498. Poverty had become a widespread and self-perpetuating condition for
many strata of the population. There was a real danger of inter-
generational transfer of poverty, since many children in poor families,
particularly in single-parent households, were faced with a limited
opportunity to develop as they lacked books, toys and other aids to
intellectual and spiritual growth. Poverty in Russia was becoming
increasingly feminized and women comprised 70 per cent of the country's
unemployed. The high rate of unemployment among Russian women was
primarily due to the rapid restructuring and privatization of industries
employing a large proportion of female labour. The majority of unemployed
women were highly educated, but the duration of their unemployment was
twice as long as that of men. Social tensions, intensified by reform, had
led to a resurgence of stereotyping of the role of women and to calls for
their return to their "natural functions". Although national machinery for
the advancement of women had been established and its functioning had
protected women from some of the adverse consequences of reform, it had not
as yet been able fully to articulate women's interests so as to affect the
course of reform. Women remained debarred from economic and political
decision-making.
499. The representative informed the members of the Committee that the
Government of the Russian Federation, having realized that the monetarist
underpinning of the first wave of economic reform provided only a limited
set of social protection measures, had emphasized the provision of a proper
level of social protection as the main requirement for the continuation of
economic reform. She assured members of the Committee that, in spite of
the current economic and political crisis in the Russian Federation and the
sharp reduction in the capacity of the State to achieve the goals set by
the Convention, the Government remained dedicated to the goals of women's
advancement and the elimination of discrimination against them and would
continue to take measures directed at alleviating the negative impact of
transformation on women and improving their economic and social position.
General observations
500. Members thanked the Government for its report and noted its
comprehensive and frank nature. They noted, however, that the fourth
periodic report had a number of major weaknesses, among which the following
should be mentioned. Firstly, there were few references to specific
policies, programmes and activities being undertaken by the Government in
connection with the provisions of the Convention. In addition, the limited
number of statistics provided did not make it possible to grasp the real
dimensions of the situation. Thus, the report was largely theoretical and,
to some extent, incomplete in nature. It was rather difficult to assess
how the status of women had evolved and what initiatives had been
undertaken by the Government since the restructuring of the country had
begun.
501. Members expressed concern that the special temporary measures adopted
did not cover issues like increasing women's influence in policy or the
market economy, their possibilities in higher positions, pay differences
and other forms of discrimination in working life and the health situation
of women. It seemed to be a fact that poverty in the Russian Federation
was a female phenomenon.
502. Members noted with concern that with the end of communism and the
introduction of the new system, changes had taken place in the political
and economic spheres. While the restructuring process had entailed a
series of progressive developments in society as a whole, women were
encountering greater disadvantages as a result of the increase in their
workload, inadequate child-care services and shrinking job opportunities;
social changes were leading to a stratification that went beyond the social
plane and was also directly apparent between the sexes. Yet the report
said little about the economic crisis and the impact of stabilization and
adjustment policies on women. A more detailed explanation should have been
given of the way in which the burden of inflation had fallen on women's
shoulders and increased their workload, given that the adjustment
programmes had caused prices to rise and wages to be frozen, presumably
forcing women to forgo certain common services that were formerly available
to them.
Questions relating to specific articles
Article 3
503. Responding to a question on national machinery for the coordination
of policies dealing with women and on its responsibilities, status and
authority, the representative, referring to the fourth periodic report,
informed members of the Committee that such machinery, with mandates for
women, the family and children, had been established within federal,
regional and local governments and that it cooperated with public
organizations. A Commission for Women, the Family and Demography had been
established in the office of the President of the Russian Federation. The
Commission was a collective advisory body for the formulation and
coordination of government policy for achieving equal rights and
opportunities for men and women. A Committee on Women, the Family and
Youth had been established in the State Duma. A Department for Women, the
Family and Children's Questions existed within the Ministry of Social
Defence. It coordinated State policy on the family, the social equality of
women and child development. The Department worked in cooperation with the
federal executive and legislative branches of the State. A National
Preparatory Council for the Fourth World Conference on Women had been
established. It consolidated the efforts of the State and of non-
governmental organizations to improve the situation of women and to develop
the State's social policy and its legal base.
504. Concerning a question raised on State programmes for the advancement
of women, the representative replied that the aim of those programmes was
to create conditions for the realization of the principles of equality
between men and women in terms of their access to legal rights and
freedoms. Such programmes included the provision of support to women
candidates for election, the nomination of women as candidates for posts at
various levels of the executive and legislative branches, a system of
control of the implementation of decisions, and cooperation with the
Government and with trade unions and non-governmental organizations. One
of the main goals of those programmes was to help women with their family
obligations and to achieve an equal distribution of family responsibilities
between men and women.
505. Replying to a question on the role of women in economic and social
decision-making and the integration of their concerns into economic and
social planning, the representative, referring to the fourth periodic
report, informed the Committee that women in the Russian Federation were
not adequately represented at the decision-making level. The problems of
women's participation in economic and political decision-making had been
discussed at a National Conference on Women in Development in December
1994. She further stated that the current strategy for increasing the
participation of women in decisionmaking was directed at the restructuring
of the existing system of societal governance by the enactment of the
necessary laws, the creation of the necessary conditions and the
development of special programmes for the training of women.
506. In reply to questions by members of the Committee concerning the
resettlement of refugees, including women, the representative recalled the
extent, dimensions and causes of migration in the Russian Federation. She
stated that the Federal Migration Service of the Russian Federation had
been established in 1991. As at 1 January 1994, 447,900 refugees had been
registered, of which women accounted for 53.4 per cent. Refugees received
payments equal to the minimum wage and were entitled to interest-free,
long-term credit, which had been paid to 6,700 refugee families in 1992 and
1993.
Article 4
507. With regard to special measures to guarantee de facto equality, the
representative stated that the law did not allow discrimination on the
basis of sex. She also informed them that reform of the legislation of the
Russian Federation for purposes of ensuring equality was under way.
Article 5
508. In response to a question on what had been done to ensure that women
were fairly portrayed in the media, the representative stated that that
issue, among other concerns of women, was systematically addressed by the
programmes on State television and radio. The purpose of those programmes
was to inform women of their rights and to draw public attention to women's
problems. She named a number of popular programmes that addressed women's
issues and concerns. She noted, however, that the stereotyping of the role
of women and their place in society sometimes took place in the media and
in the press.
509. Members of the Committee wanted to know whether the Government made
systematic studies of forms of violence directed against women and the
consequences of abuse suffered by them. In reply, the representative
stated that her Government interpreted violence against women as a
violation of their human rights. She provided the Committee with
statistics on various forms of violence against women and information on
the consequences of such violence for the lives and health of the women
subjected to it. In September 1994, the National Preparatory Council for
the Fourth World Conference on Women had convened a meeting to discuss the
1993 Declaration on the Elimination of Violence against Women. The
National Platform for the Advancement of Women contained a separate section
dealing with action for the prevention of violence against women. She also
informed the Committee that in 1993, 14,400 rape cases had been registered.
In that year, the total number of crimes involving women as victims was
331,800. As a result of those crimes, 14,500 women had died and 56,400 had
suffered mutilation or other bodily injury. The representative stated that
the legislation of the Russian Federation regarded rape as a criminal
offence punishable by long-term imprisonment. She recognized the need for
shelters and mentioned the attempt to establish rehabilitation centres for
the victims. Attention was given to the identification of the profiles of
violators in order to improve the prevention of such crimes. She also said
that, in order to combat violence against women, solutions should be found
to current economic and social problems, inter-ethnic conflicts and decline
in the living standards of the population.
510. Responding to the question concerning the role of the family during
the period of transition and the increase of the burden of family
responsibilities on women, the representative said that although her
Government considered the distribution of family responsibilities as an
internal family matter, it nevertheless viewed egalitarian distribution of
those responsibilities as desirable and conducted policies directed at the
encouragement of equal participation of men and women in parenting and
caring for family members. She also stated that the expansion of economic
freedom of Russian women would help to liberate them from the everyday
burden of domestic work.
Article 6
511. One expert cited an independent non-governmental organization source
of information on prostitution in the major cities of the Russian
Federation, and requested more information on prostitution and on measures
that the Government had taken to address those problems. In response, the
representative stated that although it was not appropriate to refer to a
source other than the report under discussion, she nevertheless was willing
to comment on some aspects of that phenomenon. She referred the Committee
to the fourth periodic report, where the legislation dealing with
prostitution was described. She stated that the law did not establish
criminal liability for prostitution, but corruption of minors, keeping of
brothels and procuring for pecuniary gain were considered criminal
offences. She also informed members that there was no department in the
Russian Federation dealing with prostitution and, therefore, there was no
reliable source of information and statistics on that issue. She stated
that prostitutes did not undergo any additional medical examination and
could be held responsible for their actions only in an administrative way,
in other words, they could be fined.
512. The representative stated that the Government did not seek to
determine whether marriages between Russian women and foreign citizens were
genuine. She also pointed out that because legal illiteracy was quite
widespread, it was conceivable that some Russian women could have been
taken abroad on fictional contracts. She referred to the fact that the
Russian Federation had joined Interpol, which might help to address
problems of prostitution and associated criminal acts.
Article 7
513. In response to a question concerning the representation of Russian
women in Parliament and the generally undemocratic situation with respect
to women's participation in political decision-making, the representative
replied that, after a decrease, there had lately been a notable increase in
the activities of women and in their self-confidence. There were now more
women leaders in public movements and political parties in the Russian
Federation. The political movement "Women of Russia" had been founded in
October 1993 and was represented in the Parliament. Its main goal was to
promote the socio-political role of Russian women and to advance them to
decision-making positions. Although women's representation in the
legislative organs of the federal Government had somewhat improved, they
were still significantly underrepresented in the upper echelons of federal
ministries. In 1995, there were only two women ministers. The strategy for
the integration of women in decision-making was directed at the development
and implementation of special programmes for the training and promotion of
decisive, able and competent women.
514. In her answer to the question concerning measures taken by her
Government to ensure that the level of women's representation in public
life did not decline, particularly in rural areas, the representative said
that legislation in the Russian Federation contained no discriminatory
rules limiting the participation of women in the political life of the
country. She pointed out that the old system of quotas, although helping
to soften the effects of discrimination on women, was an old-fashioned way
to address the problem and new methods should be sought. In that respect,
she emphasized the greater political participation of women, which was
rising. Women's organizations were an integral part of the country's
socio-political structure, but many of them were still in the process of
being built and were faced with a variety of difficulties. The
representative informed members of the Committee that special measures had
been formulated to find competent women to stand for election to executive
bodies.
Article 10
515. In response to the question on government initiatives to evaluate
sexism in the educational system, the representative responded that article
5 of the Education Act of the Russian Federation guaranteed access to
education regardless of various factors, including sex. Women in the
Russian Federation had equal access with men to higher and technical
education with the exception of some occupations where operation of
hazardous machinery or performance of physically strenuous tasks were
required. Some restrictions on women's participation in those occupations
were spelt out in job descriptions. The representative informed the
Committee that the proportion of women in higher educational establishments
was stable.
Article 11
516. Responding to the question on the high rate of unemployment among
Russian women, the representative said that the right to work and the right
to non-discriminatory treatment in the labour market were the most
difficult and contradictory questions to be addressed under the conditions
of the fledgling market economy. She stated that women had accounted for
almost 70 per cent of the unemployed in 1993 and explained that it was the
result of the restructuring of "women's branches of the economy". She
pointed out, however, that the proportion of women among the unemployed was
expected to decline to 60 to 65 per cent as the first stage of the reform
had now been completed. She also informed members that the Government had
just begun to regulate labour relations under the conditions of a market
economy and based its policies on the principles of assistance to the needy
and of strengthening conditions for the development of employment
opportunities.
517. Regarding discrimination against women in the labour market, the
representative informed the Committee that the Government had never stated
explicitly or implicitly that women should confine themselves exclusively
to matters of family and home-making. At the same time, freedom of
expression allowed some journalists and politicians to express their
personal views regarding the role of women in the economy and society. She
noted that there was unequal treatment of women and men in the private
sector, though women who had been discriminated against were free to turn
to the courts for the resolution of discrimination cases, even when
companies were closing.
518. As regards the disparities in remuneration between men and women, the
representative informed the Committee that salaries of women were lower not
because of discrimination, but because they were employed in the sectors
dependent on the State budget. The average salary of a woman in the
Russian Federation was one third lower than that of men. On the other
hand, when women held jobs comparable to those of men, they were paid at
the same rate.
519. Concerning special treatment given to pregnant women, members asked
how the policies of maternity leave and benefits had been implemented under
conditions of scarcity. In response, the representative said that such
measures had been taken and were discussed in the fourth periodic report.
520. Members of the Committee wished to know the value of family
allowances in real terms compared with the period before economic reform.
The representative said that the analysis of changes in the real value of
family allowances was complicated because of the difference between the
purchasing power of the family income and its nominal value. Changes in
the structure of allowances constituted the other source of complexity.
She informed the Committee that as at the end of 1993, there were several
types of allowances available to families with dependent children. The
size of the allowance was determined on the basis of the age of dependent
children and the number of income-providers in the family. She also
informed the Committee that since 1992, families with dependent children
were entitled to a tax deduction per dependent child.
Article 12
521. In response to the question on the impact of structural adjustment on
the provision of and access to health care by women and children, the
representative informed the Committee that access to health care in her
country was guaranteed by the Constitution. The health care system was
being transformed from a system based on the State budget to one based on
private insurance. The State guaranteed access to free health care to
women and children.
522. In connection with the question regarding the impact of the human
immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) on
women in the Russian Federation, the representative said that the
Government considered this a priority task and a matter of national
security. She informed the Committee that in January 1994, 264 cases of
women with HIV had been registered in the Russian Federation of whom 42 per
cent were girls and of whom 33 had been pregnant when diagnosed with the
virus. The Government had drafted a law on the prevention of the spread of
HIV/AIDS in the Russian Federation, which was now being considered by
legislative organs of the Government.
523. Responding to the question on family planning and the request for
recent data on that issue, the representative stated that the Government
was financing a federal programme to establish family-planning offices in
all medical establishments. The programme aimed at greater availability of
contraceptives and a reduction in the number of abortions. She informed
the Committee that in 1994 25 family-planning centres were operating
throughout the Russian Federation and, as a result of that, the abortion
rate had declined to 94 per 1,000 women from 114 per 1,000 in 1990.
Article 14
524. Concerning the impact of fertilizers and pesticides on the health of
women farmers and their children, the representative stated that her
Government had taken a number of measures directed at improving the life of
rural women. Women in rural areas were in some cases entitled to
additional benefits. Women below the age of 35 were not allowed to be
assigned to work with poisons, pesticides and disinfectants. There was a
specific list of occupations and places where women were not allowed to
work. The Ministry of Agriculture and Food had developed a programme
directed at the introduction of greater automation and reduction of manual
work in the areas that were especially harmful to human health.
525. Experts requested some additional information on rural-urban
migration involving women. The representative replied that migration from
rural areas was caused by the lack of prestigious employment opportunities
in those areas. She stressed that unemployment could not be viewed as the
single most important cause of migration because women from rural areas had
little chance of finding employment in the cities. She also pointed out
that migration from rural to urban areas had always been typical for the
Russian Federation and in the past had been the result of the urbanization
policy.
526. In connection with the question on the marketing infrastructure
available to rural women, the representative replied that such
infrastructure was at the initial stage of its development. The Government
expected that in the future it would be widely accessible to all people
employed within the agro-industrial complex.
Article 16
527. One expert commented that, according to various media reports, there
had been an alarming increase in the number of homeless children in the
Russian Federation. She wanted to know what the reason for that was and
what measures had been taken by the Government to address the problem. The
representative responded that every year in the Russian Federation 60,000
unsupervised minors were arrested for vagrancy and criminal activity. She
informed the Committee that at present there were 59 social rehabilitation
centres, 151 orphanages and 5 centres for assistance to children operating
in the country. The activities of those institutions were directed at
finding caring homes for children without families.
Additional comments and questions
528. Members of the Committee applauded the in-depth, substantive answers
provided by the representative in response to questions posed by the
Committee. One member expressed her concern about the system of quotas and
the fact that the Government seemed to have completely discarded the
potential usefulness of quotas as a tool for the facilitation of the
advancement of women. She said that she could not see how the Russian
Federation could improve women's participation in decision-making without
obliging political parties to incorporate women into politics. She further
stated that quotas had been used successfully in many countries. She
expressed her hope that the creation of women's organizations and the
greater involvement of women in politics could help the incorporation of
their interests into the economics and politics of the transition.
529. In response to that comment, the representative said that although
quotas might be of some use in the facilitation of women's advancement,
Russian women felt demeaned by them. She said that her Government saw more
opportunities for the improvement of the situation of women in the Russian
Federation through encouraging women's political participation. She said
that it was essential to get more women involved in the work of women's
organizations and political parties.
530. Another expert expressed her concern that women in the Russian
Federation, like in many other countries that underwent structural
adjustment, were the main victims of the negative effects of the transition
process. She said that during the period of transition, Russian women were
exposed to discrimination from both the old and the new systems. She
further expressed her concern over the feminization of poverty and its
devastating consequences. She commented on the segregation of the labour
market and expressed her hope that the new system would be able to overcome
that impediment to the advancement of women.
531. Another expert was concerned with the resurgence of stereotyping.
She pointed out that the stereotyping of the role of women was not
addressed under the old system and there existed a real danger of its
perpetuation. She stressed the need for addressing women's individual and
not just family-related needs. She also expressed her concern about the
current internal war in the Russian Federation and its consequences in
terms of loss of life and drain of much-needed financial resources.
532. One expert made a comment about the impact of structural adjustment
on social services and the deteriorating health of the Russian population.
She was especially concerned about widespread illnesses of the lungs, the
digestive system and the nervous system among Russian children. She
requested more information on the causes of those illnesses, particularly
nervous disorders.
533. In response to that comment, the representative cited ecological
reasons, poverty and worsening nutritional standards as possible causes of
the widespread deterioration in the health of Russian citizens.
534. A comment was made concerning the scope of new social and economic
problems that had to be dealt with by the Government in the context of
transition. The problems of poverty, the deterioration of the health
system and the decline in the provision of social services were mentioned.
In that context, the expert expressed her fear that continuation of the
reform would lead to further deterioration in standards of living in the
country. She felt, however, that there were some positive developments as
well. She thought that economic and political crises brought a greater
awareness of women's problems and encouraged women's political
participation. She advised the Government of the Russian Federation to use
the Committee in its efforts to reform the economy and society.
535. One member commented on the need for more special temporary measures
to help Russian women achieve full integration of their interests into
economic and social policy-making during the period of transition.
536. Another expert expressed her concern about the growing number of
prostitutes in the Russian Federation, who operated not only in the Russian
Federation but also in other countries where their human rights were
constantly violated. She said that there were many Russian prostitutes in
Turkey and some of them were infected with HIV. She requested some
information on what happened to Russian prostitutes who were deported from
Turkey and other countries. She felt that such information was needed for
better monitoring of women's human rights.
Concluding comments of the Committee
Introduction
537. The Committee appreciated the frank appraisal of the situation in the
fourth periodic report of the Russian Federation, as well as the frank oral
presentation. In contrast to the third periodic report, it revealed that
the excellent legal framework for the advancement of women in the Russian
Federation neither automatically guaranteed nor led to the realization of
non-discrimination and equality of rights and opportunities between men and
women. Furthermore, as was clearly indicated in the fourth periodic
report, achievements by and for women, made in the past were being
threatened by the current social and economic upheavals.
Positive aspects
538. The Committee appreciated the inclusion in the fourth periodic report
of a list of laws that revealed that, between 1990 and 1993, the Government
of the Russian Federation had seriously endeavoured to adhere to the gender
principle in most aspects of law, from the Constitution (1993) to
Presidential Decrees and Ministerial Regulations and Instructions.
539. In spite of all the problems faced by the Russian Federation, the
Committee appreciated the substantial changes being introduced in the
educational system of the country.
540. The Committee also noted with satisfaction the statement that the
Government of the Russian Federation had the intention of applying the
spirit and letter of the Convention in order to ameliorate the situation of
women during the period of transition.
Principal subjects of concern
541. The Committee considered as the most critical matter whether all the
laws and regulations, which had been listed in the fourth periodic report
had actually been implemented to women's benefit.
542. The Committee expressed its concern as to the deterioration in the
lot of women and children (e.g. in their health, life expectancy,
employment opportunities, and educational opportunities), which seemed to
be profound, despite recognition of women's political, economic and social
rights.
543. The Committee also expressed its concern over the following
consequences of the transformation from a Marxist society to a market
economy with deregulated and privatized property and the inherent economic,
political and social changes:
(a) Difficulties in achieving the goals of the Convention;
(b) Increase in the social vulnerability of part of the population;
(c) Severe constraints on women's ability to exercise their equality of
opportunity.
544. The Committee expressed serious concern about the deterioration of
the structure of the society as a result of restructuring of the country
leading to mass migration.
545. The Committee also expressed concern about the transition's negative
impact on the health of the population, especially women and children, in
particular as regards tuberculosis, and the decline in the birth rate,
being in fact exceeded by the death rate, which affected the growth of the
population. The Committee was equally concerned about the quality of the
population's diet and the subsequent increase in maternal mortality.
546. The Committee expressed its deep concern that all those problems had
a serious impact on women in their roles in the family and affected their
ability to earn an income and participate in education and all facets of
the society.
547. The Committee was also concerned that inadequate public health
financing had led to a reduction in guaranteed state medical aid to women
and children, while state expenditure for education in general was being
curtailed.
548. The Committee was equally concerned that women's unemployment had
increased ninefold and that it equally hit women with little as well as
with high level training. Concern was also expressed about the fact that
women received on average 30 per cent less pay than men.
Suggestions and recommendations
549. The Committee strongly recommends that in the light of the serious
consequences of the current economic restructuring during the period of
transition the Government should implement, as a matter of priority,
emergency economic measures to alleviate the acute suffering of Russian
women.
550. The Committee recommends that the Russian Federation have a mechanism
within its federal administration with sufficient staff and resources
encharged with initiating and coordinating the overall policy level for
women and with implementing the content of the Convention. The person
heading such mechanism should be at the highest possible level in order to
have an impact on all the decisions of the Government which affect women.
In view of the size of the country and the great number of inhabitants, the
Committee considered as appropriate the need for such mechanisms at all
levels.
551. The Committee suggests that special temporary measures be taken to
promote the participation of women at the decision-making level in
different fields, including at the highest levels.
552. The Committee recommends that the subsequent report provide
information on the consequences of the political restructuring on women.
--5. Reports submitted on an exceptional basis
553. The Committee considered a report submitted on an exceptional basis
through the presentation of the report by the State concerned, followed by
questions by the experts and answers by the State.
554. In her opening remarks, the Chairperson of the Committee recalled
that, at its twelfth session, in 1993, the Committee had decided, inter
alia, that it should, pursuant to article 18 of the Convention, request
States of the territory of the former Yugoslavia to submit a report or
reports on an exceptional basis and that such a report or reports should be
considered at the next session. In addition, the Committee had put on
record its commitment to look into similar grave violations of rights being
experienced by women in any part of the world. 9/
555. She also noted that, in accordance with the practice of other human
rights treaty bodies, the Committee, deeply concerned about recent and
current events in the territory of the former Yugoslavia affecting the
human rights of women protected under the Convention, having noted that all
the women within the territory of the former Yugoslavia were entitled to
the guarantees of the Convention, finding that the new States within the
boundaries of the former Yugoslavia had succeeded to the obligations of the
former Yugoslavia under the Convention, and acting under article 18 of the
Convention, had requested certain States within the territory of the former
Yugoslavia, in particular Bosnia and Herzegovina, Croatia and the Federal
Republic of Yugoslavia (Serbia and Montenegro), to submit reports on an
exceptional basis within the mandate given by the Committee at its twelfth
session. Croatia was unable to submit its report to the Committee at its
thirteenth session and it was agreed that it would submit its report to the
Committee at the fourteenth session.
Croatia
556. The Committee considered the report of Croatia that had been
requested on an exceptional basis at CEDAW's thirteenth session, at its
279th meeting, on 31 January 1995 (see CEDAW/C/CRO/SP.1).
557. The representative of Croatia made a statement in which she informed
the Committee about the protection of human rights of women in her country
and on how the war in Croatia had affected women. She emphasized that
women's ability to exercise their human rights and participate at all
levels of decision-making in her country should be considered in the light
of the complex situation of the war, which affected various parts of
Croatia differently. In the first part of her presentation, the
representative informed members of the Committee about the Croatian
legislation pertaining to women's economic, social and political roles. The
Croatian legislation was in full compliance with the provisions of the
Convention and the representative identified the various laws and measures
in Croatia that ensured equality of human rights of men and women according
to those provisions. In Croatia there were no laws or regulations that
discriminated against women. She also drew attention to the high standards
of the protection of women at work, during maternity and in health in
general. She pointed out, however, that in spite of laws and measures that
guaranteed women's equality in all spheres of life in Croatia, women did
not use the existing legislation to its fullest extent, particularly in so
far as their rights to equal political participation were concerned. She
pointed out that the war in her country prevented women from benefiting
fully from the enabling legislative environment, and as a result of the war
women in Croatia suffered maltreatment, torture, humiliation, degrading
treatment and rape.
558. The representative of Croatia stated that women accounted for 23 per
cent of all wounded and 20 per cent of killed civilians. Twelve per cent
of wounded women suffered disabilities and serious bodily impairment.
Women accounted for 24 per cent of forcibly disappeared or missing persons.
The disturbing violations of women's rights in which women were used as
part of the tactic (as tools) of ethnic cleansing had taken place at the
end of 1991 and the beginning of 1992. Women were captured and detained in
prisons, where, according to the accounts of some of the 744 women who were
subsequently released from camps in Serbia, the conditions were extremely
poor. Women were maltreated and often beaten. The representative pointed
out that more than half of the detained women were older than 45. Children
were also detained in prisons and camps along with women. There were
accounts of mass rape of women. The pattern and time of occurrence of mass
rape suggested strongly that it was used as a method of ethnic cleansing.
Rapes were perpetrated within the occupied territories of Croatia and in
the detention camps located in Serbia.
559. The problem of forcibly disappeared or missing persons involves two
categories of women victims: women who are themselves forcibly disappeared
and missing, and women whose family members are forcibly disappeared and
missing. All this causes the most complex problems.
560. The Croatian Government organized the provision of help and support
to victims of war. It made a commendable effort to collect information
relating to the violation of women's rights by encouraging women to provide
the testimonies of those violations. Testimonies by women constituted not
only the source of information on violations of women's rights, but also a
form of psychological support and therapy that were badly needed by women
who had experienced the physical and emotional scars of rape. Five hundred
testimonies of women victims of various forms of maltreatment were
collected. Among those cases rape accounted for 10 per cent. Sixty per
cent of raped women were, at the same time, victims of torture and
maltreatment. It is believed, however, that the actual number of raped
women is much higher than that reported. For cultural, religious and
historical reasons women sometimes do not report sexual abuse or deny its
occurrence. As a consequence of rape, four children were born. The
representative of Croatia stated that all such children were cared for by
their mothers and their respective families, by foster families or by the
appropriate government institutions.
561. The Government of Croatia had made significant efforts to provide
assistance to 103,671 displaced and 111,017 refugee women in the territory
of Croatia who had suffered violations of their human rights, including
rape and maltreatment. They were provided with basic necessities such as
food, accommodation, health care and schooling. At the beginning of 1993,
the Government had established a comprehensive programme for the protection
and assistance of the victims of war, consisting of 10 projects. One
project dealt with the provision of gynaecological care for women who had
suffered sexual abuse. However, the Government was not able to implement
that programme because of lack of financial resources and lack of support
from international organizations and foreign Governments.
General observations
562. Members of the Committee thanked the representative of Croatia for
the submission of a thorough and comprehensive report despite the extremely
difficult circumstances in her country. One member deplored the fact that
the Croatian Government had not been able to present the report last year
as requested. Members expressed their satisfaction with the efforts of the
Government of Croatia to reflect the provisions of the Convention in the
Croatian legislation and to ensure equality between men and women in all
spheres of life. They deplored the violations of women's human rights that
took place in the context of the war and expressed their concerns at the
impact those violations had on women's lives and their physical and mental
health. They commended the Government of Croatia for its effort to provide
assistance to women victims of war.
563. Members of the Committee expressed their solidarity with the women of
Croatia and their hope that a peaceful solution to the war would be found
soon. One member said that from the report of Croatia she had concluded
that there had been no aggression against women living in Croatia. She
also understood that the events described in the report were events that
had taken place in the past and involved primarily refugee women from
Bosnia and Herzegovina. She thus wanted to know if her understanding of
the situation was correct and that the events described in the report were
not happening currently. She also wanted to know if women who had suffered
rape in the course of the military conflict had been able to have access to
the abortion services, psychotherapy and adoption services and if they were
entitled to monetary compensation. Responding to that comment, the
representative of Croatia stated that women who became pregnant as a
consequence of rape had a right to abortion. Women could also decide
whether to keep children conceived as a result of rape or offer them for
adoption. Women in Croatia were still the victims of the atrocities
committed against them in the temporarily occupied territories. During the
period from April 1992 to September 1993, 12,468 persons had been forcibly
displaced from the occupied territories, and placed temporarily under
United Nations protection; the representative referred members of the
Committee to the table that had been submitted to them prior to the
meeting.
564. One member of the Committee requested further information concerning
the gynaecological treatment programme for the victims of rape that had
been mentioned in the representative's presentation. Other members
requested more information on the lack of financing for that programme so
that they could make a proposal with respect to that issue.
565. Members wanted to know if the Government of Croatia had succeeded in
bringing persons responsible for the violation of women's human rights and
for war crimes to the International Tribunal for the former Yugoslavia.
She also wanted to know if there had been any incidents of aggression
against and abuse of women by the Croatian army. In reply, the
representative pointed out that the Croatian army was organized to defend
the country against the "brutal Serbian aggression" and, initially, had not
even been properly armed. She stated that it was conceivable that rapes by
the Croatian army had occurred; nevertheless, rape had never been used by
the Croatian army as a tool of ethnic cleansing. Any confirmed cases of
rape by Croatian soldiers would be prosecuted under Croatian law.
566. The Committee members expressed their concern at the lack of national
machinery for the advancement of women and for the protection of their
human rights. They acknowledged the particularly difficult circumstances
in Croatia, but nevertheless stressed that national machinery for women was
very important and could be very helpful to women in such times of
difficult circumstances. As women tended frequently to be treated as
second-class citizens, they needed spokespersons to uphold their rights and
articulate their special needs.
567. With regard to missing persons mentioned in the report, one member
pointed out that she appreciated the fact that the Government of Croatia
was in touch with the Working Group on Enforced or Involuntary
Disappearances of the Commission on Human Rights. She suggested that the
Government should also get in touch with the Special Rapporteur on violence
against women.
568. Questions were raised with respect to the Comprehensive Programme for
Protection and Help to Victims of War initiated by the Government of
Croatia in 1993. One member of the Committee commented that it was
incomprehensible that such a programme was unable to secure the necessary
funding. She herself was aware of funds available in Germany for the
financing of such programmes in the zones of military conflict in the
former Yugoslavia. She wanted to know: (a) who coordinated the efforts to
obtain funding for that programme; (b) whether it was the Government or
non-governmental organizations; (c) why their efforts did not succeed; and
(d) whether the lack of success was the result of excessive bureaucracy.
In reply, the representative of Croatia stated that the programme was a
comprehensive effort designed to help all victims of war. She confirmed
that substantial help and resources had been committed to Croatia for the
purpose of solving various problems of refugees and displaced persons. The
biggest portion was used to cover their extensive basic needs, such as
accommodation, food, schooling and health care. Over the past year, some
$24,200,000 had been spent on health care for refugees. Although that
programme did not receive direct financial support, assistance to
victimized women and other persons who suffered as a result of the war was
provided through regular funds obtained by the Government of Croatia.
569. Having expressed her concern at the maltreatment and rape of women
during the war in Croatia, one member of the Committee commented on the
role of NGOs and women's organizations with respect to the current
situation of women in Croatia and in the neighbouring republics. She
wanted to know what women's organizations existed in Croatia and how they
cooperated with international non-governmental organizations. She also
wanted to know which international non-governmental organizations had
visited Croatia. She asked the representative to state specifically what
kind of assistance her Government wanted the Committee to provide.
Concerning the involvement of NGOs, the representative of Croatia stated
that her Government appreciated their assistance and their effort to
deliver help to the victims of the war.
570. Several members of the Committee commended the Government of Croatia
on its effort to provide the information on the situation of women in that
country. They condemned mass rape and deplored its use as a weapon of
ethnic cleansing. They encouraged the Government to seek peaceful means to
resolve the military conflict. But they also stated that peace was not
just the absence of war, but also social justice for all. They called for
punishment of the perpetrators and wanted to know what had been done in
that respect, whether complaints had been taken to the newly established
International Tribunal and how women were involved in that process.
Members of the Committee expressed concern at the effects of the war on
children and wanted to know whether children had continuing access to
education and how war and the crimes committed in that context were
reflected in school curricula.
571. Members noted that the report of the representative of Croatia
documented and properly identified the gender-specific impact of the war.
They commented on the positive effects of breaking the silence and letting
women talk about crimes committed against them. One member cited the
document prepared by the United Nations Educational, Scientific and
Cultural Organization (UNESCO) that defined the rape of women during the
war as "the war crime". She stated that the UNESCO report stressed the
need to "name the guilty and record the crime in law" and she wished the
representative of Croatia to respond to that statement. She also wanted to
know what, if anything, had been done to provide women who had suffered
rape and other forms of abuse with the monetary compensation for their
suffering.
572. Responding to questions concerning the punishment of perpetrators of
war crimes, the representative of Croatia stated that her Government had
established a Commission on War Crimes which was collecting data and
evidence concerning war crimes. The International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since
1991 had been established and its work had just begun. The Government of
Croatia was cooperating fully with the Tribunal and had already forwarded
to the Tribunal the data it had collected. In order to bring the
perpetrators to trial, however, the full support and cooperation of the
international community was essential.
573. Members of the Committee raised questions relating to the
reintegration into society of the victims of sexual and other forms of
abuse. Concerns were expressed at the impact those events had on young
girls who might need psychiatric and other help for some time to come. The
Committee members encouraged the Government of Croatia to follow up the
victims on a case-by-case basis.
574. One member commented that in the past, women in Croatia had been used
as a tool of war. She stated that the time had come for women in that
country to become the heart of the "machinery for peace". She encouraged
the Government to initiate the dialogue on peace and expressed her hope
that a peaceful solution would soon be found.
575. Members of the Committee commended the Government of Croatia for its
efforts to provide women who suffered as victims of war with assistance,
health care and psychological counselling. One member raised the question
of the possible spread of HIV/AIDS among abused women and the devastating
impact it would have on the country and its women. She wanted to know if
any information on the magnitude of that disease was available to be sent
to members wishing to see it.
576. Responding to the question concerning the spread of HIV/AIDS, the
representative of Croatia stated that information had been collected and
would be presented in the next report. She also stated that her Government
had undertaken a comprehensive programme to control the spread of the
disease.
577. The Committee members commended the Government of Croatia on its
efforts to extend care and protection to refugee and displaced persons on
the territory of Croatia. They wanted to know how many children were among
the displaced population and whether they received adequate care. They
wanted to know if medical help was available to them and how they were
prepared for reintegration into the life of the society after the trauma of
war.
578. In referring to the problems of refugees and their dependants, the
representative of Croatia stated that refugee women received financial
support that was augmented if they had children. They also had full rights
to primary health care and education in Croatia, and to secondary health
care in the event of life-threatening problems, free of charge. The
Government of Croatia sought to assist persons disabled by the war and to
provide psychological and social support to victimized women.
579. Concerns were expressed at the low participation of Croatian women
in the political process. It was stated that, as the main agents of peace,
women had to come to the forefront of all levels of decision-making. They
should therefore be encouraged to participate more actively in the
political process. In reply, the representative of Croatia stated that
women in her country participated in the decision-making process, although
somewhat insufficiently. She cited some progress in that respect in the
judiciary and referred members of the Committee to the initial report for
more information on the issue. She stressed that the reason for the low
participation of women in decision-making was the war and its consequences.
She emphasized that women in Croatia had a right to participate in
decision-making at all levels, a right which was upheld by the Constitution
and recorded in law.
580. The view was expressed that throughout the war in the former
Yugoslavia, women were used as a weapon of war. Women should use that
common experience to initiate peace. The Committee urged the women of
Croatia and the women of other regions that suffered from the war to join
their efforts in their search for a peaceful solution to the military
conflict.
581. The representative of Croatia thanked the members of the Committee
for their interest in the situation of women in Croatia and for their
solidarity with the victims of the war.
Concluding comments of the Committee
Introduction
582. The Committee commended the representative of Croatia for submitting,
at its request, her country's report on an exceptional basis, in spite of
the difficult situation which Croatia is still undergoing.
Positive aspects
583. The Committee took note of the sufficient information and data, which
confirm that the principle of equality is laid down in the Constitution of
Croatia, that the protection of the rights of women is institutionalized
and that the provisions of the Convention are an integral part of the
country's legislation.
584. The Committee noted with relief that the Government of Croatia, the
United Nations and international cooperation have set up support programmes
for women and girls who were the victims of violence in order to provide
them with the psychological, medical and social assistance that they
require.
Principal subjects of concern
585. The Committee noted with concern that following the war in which
Croatia was the victim, the situation of women in the occupied areas is
alarming. Violations of the rights of women, violence, rape and sexual
abuse were perpetrated against women and girls because of their sex.
586. The Committee noted with dismay that rape became systematic in nature
and was used as "weapon of war" in order to force women to undergo
humiliation and torture and leave their homes. The specific objective of
the aggression was not only territorial gain, but was also part of the
policy of "ethnic cleansing".
587. The Committee was also deeply concerned about the fact that many
women were still missing and about the material and psychological effect
this had on their families.
Suggestions and recommendations
588. The Committee recommends the establishment of a national mechanism to
protect and expand the rights of women and encourage participation by women
in the political field, decision-making and the struggle for peace.
Although women were used by men as "a weapon of war", their solidarity and
their organization in non-governmental organizations can constitute an
instrument for peace.
589. The Committee recommends that the displaced and refugee women should
not be marginalized and that they should be provided with necessary support
and assistance by the Croatian Government.
590. The Committee encourages the Government of Croatia to continue its
efforts and its social integration programmes, particularly for girls, who
are just beginning their lives.
591. The Committee recommends above all that it is necessary to break the
silence concerning the sexual abuse and aggression of which women are the
victims, identify the guilty parties and bring them before national and
international courts, and provide financial compensation to the victims.
C. Concluding comments on reports considered at the
thirteenth session
592. The Committee considered the question of concluding comments on the
reports of States parties that had been deferred from the thirteenth
session. In response to a question on the practice of the Committee and of
other treaty bodies, the Deputy Director indicated that the decisions of
the Committee on the formulation of comments on the reports of States
parties contained in paragraph 816 of the Committee's report on its
thirteenth session 10/ suggested that the comments would be completed in
the session at which the reports were considered. He stated that that was
consistent with the practice of other human rights treaty bodies that
prepared concluding comments, all of which adopted their comments at the
session at which the report of the State party was presented. There had
been no instances of comments being deferred to a subsequent session.
Noting that the matter was not covered by the rules of procedure of the
Committee, the Committee decided to include in the rules of procedure a
provision to the effect that the Committee would complete all concluding
comments at the session at which the relevant report was considered. The
Committee also decided on an exceptional basis that it would complete the
concluding comments that had been deferred from its thirteenth session at
its fourteenth session.
Australia
593. The Committee emphasizes that the Convention has been recognized as
one of the basic human rights instruments. The Government of Australia at
the national level and at the international level has made significant
efforts to put women's rights into the agenda at the International Human
Rights Conference at Vienna, 1993, the Commission on the Status of Women,
the Commission on Human Rights and the General Assembly.
594. Furthermore, the Committee notes with approval that the Government
has adopted the new National Agenda for Women in 1993. This is the second
plan of action concerning activities that the Government adopted in order
to improve the status of women.
595. At the legal level, there hardly exists any longer any discrimination
on the basis of sex. Following an evaluation of legislation, several
legislative amendments have been made.
596. The Committee, however, expresses its concern about reservations
which the Government made when ratifying the Convention. Although there
have been some developments in this area, the Committee is particularly
concerned about the reservations on paid maternity leave. The Committee
urges the Government to continue its efforts to withdraw its reservations.
597. The Committee expresses its concern abut indigenous women, migrant
women and particularly women from aboriginal groups and Torres Strait
Island who are the most disadvantaged people in Australian society. The
Government has been frank in its information to the Committee about these
women. However, the status of these women is significantly different from
other women living in Australia. Violence, life expectancy, unemployment
and the health situation among aboriginal women are remaining problems.
598. The Committee urges that in the next report the Government provide
more specific data concerning aboriginal women and about remaining
obstacles that impede their progress to full equality.
599. The Committee also asks for information about improvements for the
aboriginal women after the court decision Mabo and Others v. The State of
Queensland. Will that decision permit aboriginal women to receive
redistributed land on an equal basis with aboriginal men?
600. The Committee also expresses its concern about the Government's
policy to encourage part-time work among women. Women need access to full-
time work to achieve independent status and to improve their economic
situation.
601. Finally, the Committee encourages the Government to adopt new
temporary measures in order to increase women's participation in politics
at the state and federal levels.
Colombia
602. The Committee considered the revised combined second and third
reports of Colombia (CEDAW/C/COL/2-3/Rev.1) of 21 September 1993 at the
meeting held on 31 January 1994.
603. The representative of the Government of Colombia introduced the
document in question and replied to the questions which the Committee had
submitted to him in advance and which had been prepared by the Pre-session
Working Group.
604. The Committee considered that the reports of Colombia, which had been
drawn up with the participation of not only governmental agencies but also
non-governmental organizations, were in keeping with the Committee's
guidelines for the submission of reports and provided detailed information
on the implementation of most of the articles of the Convention.
Furthermore, they analysed in a self-critical manner the obstacles that
still existed. The Committee drew attention to the extensive information
provided on violence against women, which was felt to be of great interest;
it regretted that no reference had been made to General Recommendation 18
of the Committee on handicapped women; and it asked how the increase in
guerrilla activities and drug trafficking had affected the lives of urban
and rural women and families.
605. In spite of the contents of the document, it should be pointed out
that there were some shortcomings in it, such as the lack of analysis
concerning articles 1 and 2 of the Convention, despite their particular
importance. The Committee recommends therefore that in its future reports,
Colombia should provide an adequate analysis of each of the articles of the
Convention, in accordance with article 18.
Progress achieved
606. The following points should be underscored as the most significant
ones in efforts to ensure the complete equality for Colombia women:
-Since 1992, divorce has been permitted for all marriages, including
Catholic marriages, and the grounds of mutual consent have been added;
-In 1992, the Constitutional Court recognized that domestic work had
monetary value, which constitutes a precedent and establishes
jurisprudence;
-The patrimonial regime for de facto unions was regulated in 1990;
-The preposition de was removed from the names of married women through a
legal order;
-The Law on Support for Female Heads of Families (1993) provides such
women with access to social security both for themselves and their
dependants;
-Law 50 of 1990 extended paid maternity leave from 8 to 12 weeks.
607. Furthermore, the Committee drew attention to the increased
participation by females at all levels of the educational system, which has
been put on an equal footing with the system for males, including
university education, the reduction of illiteracy and fertility - although
there are still differences in the number of children per woman according
to her level of education - as well as the increase in the number of women
who wish to work outside the home and who obtain a job.
608. The Committee attached particular importance to the 1991
Constitution, which contains several articles concerning the Convention on
the Elimination of All Form of Discrimination against Women and the General
Recommendations of the Committee, as well as a number of decisions by the
Constitutional Court with regard to: (1) the ruling against an educational
institution for expelling a girl because she was pregnant; the institution
was required to readmit her; (2) the requirement to include sex education
in primary education.
Obstacles and suggestions
609. The Committee regretted that the General Education Law of December
1993 had not included affirmative-action measures concerning non-sexist
education or any provisions specifically relating to women. This required
the Presidential Council for Youth, Women and the Family to continue to
provide strong support for programmes aimed at overcoming stereotypes
concerning men and women in textbooks and other school materials, the
training of teachers and school curricula.
610. The Committee also pointed out that the Presidential Council and
Ministry of Labour should publicize to a greater extent than up to now the
rights of women in the workplace and seek ways of supporting them and
protecting them more effectively against abuses in enterprises in sectors
such as flower-growing, the clothes and food industries and particularly
the informal sector. It would be advisable to train, in particular,
officials responsible for monitoring the correct application of labour
legislation, for example labour inspectors, with regard to the rights of
working women.
611. On the basis of the information provided on violence against women
and on women prostitutes, the Committee requested that the next report
should supplement that information with new data and analyses and, above
all, information on new measures to eliminate violence against women in all
its forms. It was suggested that all necessary steps should be taken to
ensure that in cases of domestic violence, the aggressor was the one who
left the residence instead of the woman attacked, as occurred in many
places in the world.
612. The Committee criticized the high number of miscarriages and the
maternal mortality rate resulting from them, which made it consider the
possible need to amend the legislation in force and the necessity to
continue to promote the spread of family planning, particularly in rural
areas.
613. The Committee pointed out that policies to promote equality should be
stepped up with regard to the most impoverished women and the low level of
training and should eliminate the differences which still existed between
urban women and rural women.
614. While the Committee viewed positively the fact that some Colombian
women had reached very high-level posts (three ministers, including the
Minister for Foreign Affairs), it considered that speedier progress should
be made in the participation by women in decision-making, for example,
through government support for specific programmes for women candidates in
elections.
615. In order to promote and coordinate these measures and continue making
progress in implementing the Convention, the Committee recommended
strengthening the government mechanism responsible for policies on equality
- currently the Presidential Council for Youth, Women and the Family - by
providing it, under the law, with sufficient authority to propose, promote,
coordinate and carry out measures on behalf of women at a higher
hierarchical level within the Administration, greater autonomy and more
human and economic resources. If all that was established by law, the
changes of government would not have a negative impact on its functioning.
Guyana
Introduction
616. The Committee commended the Government of Guyana for ratifying the
Convention without reservation and presenting its report and its replies to
the questions of the Committee as comprehensively as possible.
617. While the report was considered to have some shortcomings, the
Committee nevertheless had the impression that the Government of Guyana was
fully committed to the full and equal integration of women in all areas of
society.
Positive aspects
618. The Committee noted with satisfaction that the implementation of the
Convention had led to the improvement of the legal status of Guyanian women
through legal reforms. It also applauded the Government for having raised
the status of the national machinery for women to that of a ministry.
619. It also applauded the Government's willingness to seek assistance
from international agencies for implementing its programmes for women and
for assistance in reporting its reporting obligations.
Principal subjects of concern
620. The Committee expressed its concern that the provisions of the
Convention were not integrated into the Constitution of Guyana and that
some laws still needed to be amended in order to comply fully with the
Convention.
621. It noted also with concern the lack of family planning services and
the numbers of illegal abortions because of it.
622. It also noted that women were still underrepresented in many of the
political, administrative and economic higher decision-making echelons,
thereby depriving society of women's knowledge and experience.
Suggestions and recommendations
623. The Committee recommends that in the subsequent report the Government
of Guyana include more concrete data on measures implemented on obstacles
encountered and provide the Committee with more statistics to illustrate
change.
624. The Committee requests more information on violence against women and
measures to combat it.
625. The Committee encourages the Government of Guyana to pursue a
comprehensive approach of legal reform relating to the family; it also
encourages the Government to seek further assistance from international
agencies or on a bilateral level to improve women's material situation in
Guyana. In that context, priority should be assigned to enhancing women's
economic situation.
Japan
626. The Committee on the Elimination of Discrimination against Women
(CEDAW) considered the combined second and third periodic reports of Japan
(CEDAW/C/JPN/12 of 9 July) at its 248th meeting, on 27 and 28 January 1994.
Introduction
627. The Committee commended the Government of Japan on the presentation
of a detailed combined report, which followed the guidelines for reporting
and provided information on questions left unanswered during consideration
of the initial report. The Committee also noted with appreciation the
extensive responses given to the questions put by the Pre-session Working
Group, but expressed its concern that the information was not provided in
sufficient time for the pre-session group to consider it fully. The
Committee, while appreciating the richness of the report, asked the
Government of Japan to bear in mind the Committee's constraints of time for
considering reports, so that in future a fuller dialogue between the
distinguished representatives of the Government of Japan and the Experts
could take place.
Positive aspects
628. The Committee noted and commended that some consultation with non-
governmental organizations having an interest in issues affecting women had
occurred. It noted in particular the active interest taken by Japanese
non-governmental organizations in the Convention and also noted the
independent reports provided by them. The Committee considered that this
interest was indicative of the level of mobilization and concern among
Japanese women and the degree of consensus about the major obstacles faced
by them in achieving equal status with men.
629. The Committee also commended the Government of Japan on the progress
made in a short time in advancing the status of women, particularly in the
increased participation of women in public and political life, and the
plans of the Government to improve further that participation. The
Committee also applauded the way in which the Government had encouraged the
broader participation of women in education and its action in implementing
a family leave scheme.
Principal subjects of concern
630. The Committee observed with concern that although Japan ranked second
among the countries of the world in terms of overall resource development,
according to the United Nations, her ranking was reduced to fourteenth when
the socio-economic status of Japanese women was taken into consideration.
The Committee considered that this demonstrated the State's indifference to
integrating women fully in the economic development process of the country.
631. The Committee also expressed its concern that although the report
contained a wealth of data, it was otherwise descriptive and lacked
critical analysis of the obstacles to full implementation of the Convention
in Japan.
632. The Committee noted further that, despite the introduction of the
Equal Employment Opportunity Act, individual discrimination continues.
633. The Committee expressed its disappointment that the Japanese report
contained no serious reflection on issues concerning the sexual
exploitation of women from other countries in Asia and during the Second
World War. It noted that Japan's commitment to the Convention required it
to ensure the protection of the full human rights of all women, including
foreign and immigrant women.
Suggestions and recommendations
634. The Committee asks that the Government of Japan engage in effective
dialogue with Japanese women's organizations during the preparation of the
next periodic report so that a better picture of Japanese women emerges.
The legal and functional discrimination faced by Japanese women, both in
the private sphere and in the workplace should be identified, as should the
measures in place or planned to overcome these obstacles.
635. To enable the Committee to have a better understanding of commercial
sexual exploitation or prostitution of immigrant women in Japan, more
detailed information should be provided on the sex industry in Japan. The
Committee requests the Government of Japan to undertake a study of the sex
industry in Japan and to provide information on the findings in its next
report. The Committee also encourages the Government to take specific and
effective measures to address these current issues as well as war-related
crimes and to inform the Committee about such measures in the next report.
636. The Government of Japan should ensure that the private sector
complies with the provisions of the Equal Employment Opportunity Act and
report on the measures taken to address the indirect discrimination faced
by women, both in terms of promotion and wages in the private sector.
--V. WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE
637. The Committee considered ways and means of expediting its work
(agenda item 8) at its 260th, 263rd and 280th meetings, on 16 and 17
January and 1 February 1995.
638. The item was introduced by the Deputy Director of the Division for
the Advancement of Women, who presented the report prepared by the
Secretariat (CEDAW/C/1995/6).
A. Action taken by the Committee on the report of
Working Group I
639. At its 280th meeting, on 1 February, the Committee considered the
report of Working Group I.
1. Reports to be considered at the fifteenth session
640. The Committee is fully aware of the backlog of reports to be
considered. However, it emphasizes that the quality of the Committee's work
should not suffer for the sake of the quantity of reports considered.
Because of the Convention's complex nature and the major global changes in
the world, more time should in future be dedicated to constructive dialogue
with the States parties. It is therefore recommended that, as a target when
adequate meeting time is provided, three meetings should be allocated, on
average, for the consideration of a State party's report.
641. The Committee authorizes the Secretariat to inform States parties
that have not sent a representative to appear before the Committee in spite
of being invited to do so, about its concern on this issue, especially
given the large number of reports pending consideration. The Committee
will reschedule the State's presentation at a later date and request an
update of the information contained therein.
642. On an exceptional basis, given that the duration of the fifteenth
session is three weeks, it is recommended that a maximum of two and a half
meetings be allocated for the consideration of initial reports and two
meetings for the consideration of subsequent reports. On this basis, it is
recommended that the reports from eight States parties be considered at the
fifteenth session. Bearing in mind the criteria of date of submission and
geographical balance, the reports of the following States parties should be
considered at the fifteenth session:
(a) Initial reports
Cyprus
Ethiopia
Iceland
Paraguay
(b) Second periodic reports
Belgium
Cuba
(c) Third periodic reports
Hungary
Ukraine
643. The initial report of Israel and the third periodic report of the
Philippines should be kept in reserve for consideration in the event that
one of the States parties listed above is not able to present its report.
2. Dates of the fifteenth session
644. Consistent with the calendar of conferences for 1996, the fifteenth
session should be held from 15 January to 2 February 1996 in New York. The
pre-session working group would meet from 8 to 12 January 1996.
3. Review of the need for summary records and format
of the annual report of the Committee
645. The Committee is of the view that these matters should be further
discussed in the future. The suggestion to discontinue the summaries of
the presentation made by the representative of the State party, of the
general observations made by the Committee and of all the questions raised
and replies given under each article of the Convention, maintaining only
extensive concluding comments by the Committee, would require more meetings
and working time. In the light of the existing time constraints under
which the Committee operates, the present format of the annual report
should be retained. The Committee also decides that the summary records
should be retained for the time being.
4. Issues raised by the 5th meeting of persons chairing the
human rights treaty bodies, particularly the question of
the venue of the Committee's session and the location of
its secretariat (A/49/537, annex, para. 51)
646. Since the World Conference on Human Rights has determined that
women's rights are human rights and that all treaty bodies should be placed
in the same framework, it is recommended that the Committee be located at
Geneva, with appropriate and adequate servicing provided by the Centre for
Human Rights of the Secretariat, and by the Division for the Advancement of
Women as concerns relevant information on the Commission on the Status of
Women, and other relevant information.
5. Funding for activities undertaken by the Chairperson
between sessions of the Committee
647. Recognizing that the Chairperson or other member designated for the
purpose should attend meetings in pursuance of the mandates of the
Committee, which should therefore be funded from the regular budget of the
United Nations, the Committee recommends that the following meetings be
attended in any given year:
(a) The Commission on the Status of Women;
(b) Any meeting of States parties to the Convention;
(c) The Third Committee of the General Assembly during its deliberation
on the report of the Committee;
(d) A maximum of two meetings per year of other human rights treaty
bodies which might be relevant to the ongoing work of the Committee, based
on the agendas of those bodies;
(e) Any United Nations world conference relevant to the work of the
Committee (in 1995, the World Summit for Social Development).
648. With regard to the problem of reimbursing extraordinary expenses of
the Chairperson, the Committee endorses the recommendation made in
paragraph 48 of the report of the 5th meeting of chairpersons of treaty
bodies (A/49/537) for the establishment of a fund to provide for such
expenses.
6. Procedure for examination of reports of States
parties, including procedure for and content of
notification of States parties concerning the
consideration of the reports
649. Given the decision to allocate two and a half meetings for the
consideration of reports of States parties, the Committee further decides
that no formal time-limit be placed on the introduction of States parties
reports, since the main objective is to have a dialogue with a State party
and a timelimit might inhibit the State's presentation. However, the
Secretariat is requested to inform States parties of the Committee's time
constraints. For the present, the Committee will continue with its
existing procedures for examination of reports of States parties.
7. Technical and administrative arrangements concerning
the participation of members of the Committee at the
Fourth World Conference on Women and their role at
the Conference
650. The Committee takes note with satisfaction of the decision of the
Commission on the Status of Women at its thirty-sixth session to invite the
members of the Committee to participate in the Conference. It requests the
Secretary-General to take steps to enable the Committee to contribute
actively to the work of the Conference and, accordingly:
(a) To provide the Chairperson of the Committee with the opportunity to
introduce at the Conference plenary the report produced by the Committee;
(b) To allocate time and space to allow the Committee to hold two
workshops, one in conjunction with the United Nations Educational,
Scientific and Cultural Organization, and the other on ways and means to
publicize the Convention and its implementation at the national, regional
and international levels so as to promote women's rights;
(c) To provide documentation for these workshops, including existing
public information material and excerpts from the report being presented by
the Committee;
(d) To provide a place for the members of the Committee to meet with
States parties and others to provide advice and answer questions about the
implementation of the Convention;
(e) To arrange for the Committee to hold a press conference during the
Conference.
The Committee requests the Chairperson of the Committee to arrange with the
Facilitating Committee of the NGO Forum for the Committee members to meet
with non-governmental organizations at the Forum.
8. Review of the rules of procedure, including the
role of non-governmental organizations
651. In view of the time constraints at the present session, the Committee
decides to defer the item to the fifteenth session.
9. Review of the general guidelines for the preparation
of initial reports
652. The Committee adopts the revised general guidelines for the
preparation of initial reports, as follows:
Guidelines regarding the form and content of initial
reports of States parties
1. Under article 18 of the Convention on the Elimination of All Forms of
Discrimination against Women, each State party undertakes to submit a
report on the legislative, judicial, administrative or other measures that
it has adopted to give effect to the provisions of the Convention and on
the progress made in this respect within one year after the entry into
force of the Convention for the reporting State, and thereafter at least
every four years as well as whenever the Committee on the Elimination of
Discrimination against Women established under the Convention so requests.
2. In order to assist the States parties in fulfilling their obligations
under article 18 of the Convention, the Committee recommends that the
States parties should follow general guidelines as to the form, content and
date of reports. The guidelines are to help ensure that the reports are
presented in a uniform manner so that the Committee and the States parties
can obtain a complete picture of the implementation of the Convention and
the progress made therein.
3. The report should be in two parts. Part I should be prepared in
accordance with the consolidated guidelines for the initial part of the
reports of States parties to be submitted under the various international
human rights instruments, including the Convention on the Elimination of
All Forms of Discrimination against Women, as contained in the annex to
document HRI/CORE/1.
4. Part II should provide specific information in relation to each
provision of the Convention, in particular:
(a) The constitutional, legislative and administrative provisions or
other measures in force;
(b) The developments that have taken place and the programmes and
institutions that have been established since the entry into force of the
Convention;
(c) Any other information on progress made in the fulfilment of each
right;
(d) The de facto position as distinct from the de jure position;
(e) Any restrictions or limitations, even of a temporary nature, imposed
by law, practice or tradition or in any other manner on the enjoyment of
each right;
(f) The situation of non-governmental organizations and other women's
associations and their participation in the elaboration and implementation
of plans and programmes of the public authorities.
5. It is recommended that the reports should not be confined to mere lists
of legal instruments adopted in the country concerned in recent years but
should also include information indicating how these legal instruments are
reflected in the actual economic, political and social realities and
general conditions existing in their countries. As far as possible, States
parties should make efforts to provide all data disaggregated by sex in all
areas covered by the Convention and the general recommendations of the
Committee.
6. State parties are invited to submit copies of the principal
legislative, judicial, administrative and other texts referred to in the
report so that these can be made available to the Committee. It should be
noted, however, that for reasons of expense those texts will not normally
be reproduced for general distribution with the report except to the extent
that the reporting State specifically so requests. It is desirable that
when a text is not actually quoted in or annexed to the report, the report
should contain sufficient information to be understood without reference to
the text.
7. The reports should reveal obstacles to the participation of women on an
equal basis with men in the political, social, economic and cultural life
of their countries and give information on types and frequencies of cases
of non-compliance with the principle of equal rights.
8. In reporting on reservations to the Convention:
(a) Each State party that has entered substantive reservations should
include information on those reservations in each of its periodic reports;
(b) The State party should indicate why it considered the reservation to
be necessary; whether any reservations the State party may or may not have
registered on obligations with regard to the same rights set forth in other
conventions are consistent with its reservations to the Convention on the
Elimination of All Forms of Discrimination against Women; and 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 to withdraw them and, whenever possible, specify a timetable for
withdrawing them;
(c) States parties that have entered general reservations which 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 those reservations. The Committee considers such
reservations to be incompatible with the object and purpose of the
Convention.
9. The reports and supplementary documentation should be submitted in one
of the working languages of the Committee (Arabic, Chinese, English,
French, Russian or Spanish) in as concise a form as possible.
10. Any additional views on reservations, following a request
of the Subcommission on Prevention of Discrimination and
Protection of Minorities
653. The Committee recommends that the decision taken at its thirteenth
session on the issue of reservations to the Convention be reiterated to the
Subcommission. In addition, it decides to examine reservations made by
particular States parties in terms of whether the State party has made the
same reservations in relation to other conventions.
11. An integrated management system on human rights (American
Association for the Advancement of Science)
654. The Committee takes note of the information provided by the American
Association for the Advancement of Science and requests a further progress
report at its next session. Ms. Bustelo was designated to act as liaison
on behalf of the Committee with the project, and the Secretariat was
requested to provide to her any information it may receive on the matter.
12. Link with the focal point on the human rights of
women of the Centre for Human Rights
655. The Committee decides to defer action on this item to its next
session.
13. Provisional agenda for the fifteenth session
656. The Committee decides to adopt the provisional agenda contained in
annex II to the present report.
14. Nomination of members of the pre-session working group
657. The Committee decides that the members of the pre-session working
group for the fifteenth session of the Committee and their alternates
should be:
Member Alternate
Ms. Evangelina Garcia-Prince Ms. Miriam Estrada
Ms. Tendai Ruth Bare Ms. Kongit Sinegiorgis
Ms. Carmel Shalev Ms. Carlota Bustelo Garcia del Real
Ms. Aurora Javate de Dios Ms. Ginko Sato
B. Plan of activities of the Centre for Human Rights
of the United Nations Secretariat
658. At the 280th meeting, on 1 February 1995, the representative of the
Centre for Human Rights made a statement on behalf of the United Nations
High Commissioner for Human Rights, elaborating on the activities
undertaken by the Centre (see CEDAW/C/SR.280, paras. 1-15).
C. Presentation of the Special Rapporteur
on Violence against Women
659. The Special Rapporteur on Violence against Women of the Commission on
Human Rights explained that Commission resolution 1994/45 of 4 March 1994
had mandated her to recommend means of eliminating violence against women,
to work together with other special rapporteurs and mechanisms in the human
rights area and to consult with the Committee. She had contacted
Governments to request information on violence in the family, in the
community and violence by the State. She had requested information on
national administrative and juridical practice and on programmes related to
violence against women, including shelters. Thus far, 29 States, a number
of United Nations agencies and a large number of non-governmental
organizations had responded. She had prepared a preliminary report, to be
considered by the Commission on Human Rights at its fifty-first session, in
February, and indicated that subsequent reports would contain detailed
recommendations on the elimination of specific forms of violence against
women. She stressed that States should reject violence against women and,
in accordance with the Declaration on the Elimination of Violence against
Women, should not seek to cite tradition or custom as a means of evading
their responsibilities in this regard.
660. The Special Rapporteur outlined measures that she proposed to
strengthen cooperation between herself and the Committee, including its
secretariat. She hoped those parts of country reports which dealt with
violence against women would be brought to her attention and that she would
be given advance notice of country reports to be submitted so that she
could encourage those countries to report on violence against women or pass
on to the Committee information that had come to her attention.
661. In their comments on the presentation, members of the Committee noted
the prevalence of violence against women in war and drew the attention of
the Special Rapporteur to United Nations instruments concerning the special
needs of women and children in this context. Others reflected on the
interdependence of discrimination against women in general and violence
against women in particular, as well as on the secret and taboo nature of
violence against women in the family. Questions were raised as to the
resource constraints on the work of the Special Rapporteur, who responded
that some budgetary allocations had been made to her from the Economic and
Social Council. Members underlined the need for strong cooperation between
the Special Rapporteur and the Committee.
D. Presentation of the Gender Statistics Unit of the
Statistical Division of the Secretariat
662. A representative of the Gender Statistics Unit of the Statistical
Division of the United Nations described the use of statistics in national
reports. She indicated that much had been done to improve the use of
statistics in the measurement of all rights, although much still needed to
be taken into account. The use of statistics in other areas, such as the
enforcement of specific legal rights or the measurement of the enforcement
of specific legal guarantees, was very difficult. A new edition of the
World's Women, the best-selling United Nations sales publication ever, was
currently in preparation. It would include sections on violence against
women and a ratification chart.
E. Presentation of the Harrison Program on the Future
Global Agenda and the American Association for the
Advancement of Science
663. A representative of the Harrison Program on the Future Global Agenda
and the American Association for the Advancement of Science informed the
Committee that he had been instructed by the Chairpersons of the human
rights treaty bodies to present them with all needed information and to
that end he was preparing a management document related to treaty-
monitoring. The Chairpersons had recommended that each of the treaty
bodies outline their own information needs. A working relationship has
been established with the Economic, Social and Cultural Rights Committee
and he was anxious to establish such a link with the Committee on the
Elimination of Discrimination against Women.
664. A number of members of the Committee commented on the presentations
and suggested that the matters raised by both speakers be explored in
working Group I.
VI. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION
665. At its 263rd meeting, on 17 January, the Committee considered the
implementation of article 21 of the Convention (agenda item 7).
666. The item was introduced by the Deputy Director of the Division for
the Advancement of Women, who presented the report prepared by the
Secretariat (CEDAW/C/1995/4).
A. Action taken by the Committee on the report of
Working Group II
667. At its 282nd meeting, on 2 February, the Committee considered the
item on the basis of the report of Working Group II.
B. Elements for an optional protocol to the Convention
668. At its 282nd meeting, on 2 February 1995, on the recommendation of
Working Group II, the Committee adopted suggestion 7 on elements for an
optional protocol to the Convention (for the text see chap. I, sect. B).
C. General recommendations on articles 7 and 8; general
recommendation on article 2
669. The Committee decided to postpone consideration of this item to a
future session.
D. Document prepared by the United Nations Educational,
Scientific and Cultural Organization on the
Committee on the Elimination of Discrimination
against Women
670. At its 283rd meeting, on 3 February, the Committee considered the
UNESCO document on CEDAW.
671. After review and amendment by Working Group II, the Committee adopted
the document, a joint UNESCO/CEDAW meeting in November 1994, the text of
which follows:
The Committee requested the Secretariat to ensure the correct translation
into Spanish of the text. The Secretariat was further requested to ensure
transmission of the final text to UNESCO.
Annex
Committee on the Elimination of Discrimination Against
Women/United Nations Educational, Scientific and
Cultural Organization Manifesto
Towards a gender-inclusive culture through education
Preamble
1. Since the adoption of the Convention against Discrimination in
Education (1962), the Convention on the Elimination of All Forms of
Discrimination against Women (1979) and the Nairobi Forward-looking
Strategies for the Advancement of Women (1985), numerous national and
international declarations affirm the importance of women's education for
political, social and economic life. The World Conference on Education for
All (1990) launched an appeal to heads of State and decision-makers for
high-level commitment to education and especially for girls and women. The
Rio de Janeiro Conference on Environment and Development (1992) stressed
women's roles in the protection of the environment. The Cairo Conference
on Population and Development in 1994 showed the correlation between
women's education, reproductive rights and control of population growth.
The United Nations Decade on Education for Human Rights, which began on 1
January 1995, gives priority to gender equality. The Social Summit of
Copenhagen (1995) puts educational opportunities for women and girls once
more to the forefront. It is in this context that the Committee on the
Elimination of Discrimination against Women and UNESCO reaffirm their
belief in the universal value of education for a gender-inclusive culture
world wide.
2. Where do we stand?
3. Women exceed 60 per cent of the more than 1 billion adults who have had
no access to basic education and girls make up the majority of the more
than 130 million children who have not had access to primary schooling.
Economic necessity, the weight of tradition, early marriages and early
pregnancies often force girls to drop out of school at higher rates than
boys before they complete their first cycle of education. In secondary
education in developing countries, the percentage of girls is much lower
than that of boys. Moreover even in developed countries they are obviously
less well represented in technical and scientific education. At the level
of higher education, women are mostly concentrated in courses of shorter
duration in both industrialized and developing countries. In higher
education and research more women participate in the humanities and
literature than in science and technology. While women enter the teaching
profession in increasing numbers and often constitute a majority in both
developing and industrialized countries, they rarely attain high-level
administrative positions.
4. Each aspect of gender inequality is exacerbated for women in rural
areas. Girls and women are victims of additional discrimination at all
levels of formal education. This additional discrimination particularly
affects vulnerable groups, such as women in poverty, women heads of
households, disabled or elderly women, women belonging to ethnic
minorities, migrants, immigrants, refugee and displaced women and women
living in situations of extreme discrimination such as violence, slavery or
prostitution. These groups of women have practically no opportunity to
acquire an education.
5. The present international context is marked by a continuing world
economic crisis, by policies of structural adjustment and debt repayment
imposed upon a very large number of countries as well as by the ascendancy
of economic competitiveness over concerns relating to social justice. In
many countries, programmes promoting equality of opportunity for women and
men and the strengthening of women's capacities are non-existent or are not
implemented for lack of the necessary resources or political commitment and
as a consequence of male-centred policies. It is widely accepted that
there is a close link between the level of participation of women and the
development of these countries. Consequently, the disparity between women
and men is one of the factors that aggravates the disparities between poor
countries and rich ones.
6. Faced with this persistent discrimination against women and the
resultant waste of human resources, the Committee and UNESCO consider that
it is urgent for the international community to reaffirm as a fundamental
human right the decisive role played by education for women and for it to
adopt clear and well-defined principles of action. Education is a
necessary precondition for women's full and effective exercise of their
right to citizenship. Education for all is the best way of establishing a
culture of equality which is necessary for democracy, tolerance and an
international peace based on justice and the recognition that all human
beings are born free and equal.
Principles for action
7. The right to education is a fundamental human right that must be
guaranteed to all women and men by the State as a public service. Education
is one of the inalienable rights of the human being. It is also one of the
necessary preconditions that enable women to gain confidence in themselves
and to have access to other rights: equality before the law, political
participation and freedom of vote, freedom of thought and opinion, the
right to work and the right to leisure. Only the State can guarantee the
long-term commitment needed for the fulfilment of the right to education.
8. Separate is rarely equal. Girls and women should have access on an
equal footing with boys and men to all levels and forms of education.
Cultural, family or religious pressure for separate forms of education
should not be tolerated. This does not mean that special temporary
measures should not be adopted when necessary to attain real equality and
thus give equal opportunities to women and girls. Generally, however,
girls and boys, women and men must interact in the freedom of the school so
as to learn and to practice equality of the sexes and to have equal
opportunities to participate at all levels of teaching, administration and
management of teaching.
9. The acquisition of basic literacy and numeracy is essential to achieve
the empowerment of all citizens and especially to strengthen the capacities
of girls and women. Literacy training for women must be ensured through
funding of long-term national programmes that respond to needs identified
with and by women and which take into account their concerns. Women's time
is limited by the multiple responsibilities of production and reproduction.
Non-formal education programmes should be designed to be of benefit to the
daily lives and responsibilities of women.
10. An education policy that provides lifelong education for women from
early childhood to adulthood and takes into account the varying stages in
women's life cycles should be developed. This ongoing education should
provide direct access to employment and mainstream accreditation at any
time. All non-formal and parallel education should provide access to
primary, secondary and higher education, and moreover should be generally
recognized as having the same value in providing access to the work market
as formal education does. Without economic empowerment, women are not able
to exercise their rights.
11. Means of ensuring that larger numbers of girls and women enter the
fields of non-traditional scientific and technological education should be
explored and implemented. This will enable them not only to take advantage
of scientific and technological advances so far as they relate to issues of
gender, but also to join the varied professions that require sound
scientific and technical knowledge, such as research, teaching, engineering
and as technicians, and to enjoy an identical career path with men.
12. Non-discriminatory gender inclusion is fundamental to the
organization, structure and content both of the development and of the
transmission of all learning through education. Books, programmes, teacher
training and teaching material should be revised to eliminate all sexist
stereotyping taking into account the contributions of women's studies
programmes. All social action in education should be devoted to ensuring
that pupils, teachers, head teachers and administrators are exposed to,
trained and involved in the changing values that promote equality and
tolerance of diversity. These initiatives should be reinforced by
families, the media and associations in order to ensure that there is an
ongoing transition towards a democratic, pluralistic and just society
capable of guaranteeing respect for the fundamental rights of each human
being, irrespective of gender.
13. Legal literacy, health and reproductive rights are the foundation of
women's autonomy and enable them to exercise the rights and
responsibilities of citizenship. Education of the rights of women provides
them not only with legal knowledge, but also gives them a practical means
of achieving formal equality and access to national and international law.
Health services should be freely available to all women from young children
to adults. All aspects of family planning and women's sexual and
reproductive health should be an integral part of these services.
14. Education for gender equality is a vital means of combating violence
throughout the world. It is through teaching the values of peace,
dialogue, equality and respect for the dignity of all human beings,
including women, that violence in the family, in public life and among
States can be effectively combated.
VII. CONTRIBUTIONS OF THE COMMITTEE
TO INTERNATIONAL CONFERENCES
A. Fourth World Conference on Women
672. At its 266th and 282nd meetings, on 19 January and 2 February 1995,
respectively, the Deputy Director of the Division for the Advancement of
Women introduced the report of the Committee on progress achieved in the
implementation of the Convention (CEDAW/C/1995/7) prepared for the fourth
World Conference on Women. He recalled that that contribution had also
been prepared by the secretariat on behalf of the Committee for the World
Conference to Review and Appraise the Achievements of the United Nations
Decade for Women held at Nairobi in 1985 and the General Assembly had
mandated the preparation of the current document, after which the Committee
had agreed to prepare it during its twelfth session and had established
guidelines for its preparation by the secretariat at its thirteenth
session.
673. The Committee took note of the document prepared by the Secretariat
(CEDAW/C/1995/7) containing a first draft of the Committee's contribution
to the Fourth World Conference on Women. While the Committee expressed its
appreciation for the work done by the Secretariat, it felt that the draft
did not fully comply with the guidelines given by the Committee at its
thirteenth session. Some of the information contained in the document was
considered to be of limited relevance to the request the Committee had put
to the Secretariat concerning the structure of its contribution, while
other parts seemed to be too technical and provide too much detail for the
target audience. The Committee also considered the proposals regarding the
redrafting of the document put forward by a consultant to the Secretariat.
674. The Committee decided that its contribution to the Conference would
consist of the following two documents:
(a) The first would be a document prepared in accordance with the
guidelines provided by the Committee at its thirteenth session. The
document would be concise, readable and intended to reach a broad audience.
It would situate the Convention and the Committee's work within the human
rights framework, stress the Committee's achievements and aim at universal
ratification without reservations by the year 2000. It would stress the
role of the Convention and of the Committee in highlighting and developing
women's rights. Finally, it would present a forward-looking view of the
Committee's role in the promotion and protection of women's rights in the
twenty-first century;
(b) The second document would utilize the information contained in the
draft prepared by the Secretariat, which would be edited and streamlined in
accordance with instructions provided by the Working Group, and serve as
background and reference material.
675. The Committee decided to adopt its contribution to the Fourth World
Conference on Women and authorized its Chairperson to finalize the text of
the Committee's contribution, in consultation with the members of the
Committee, such consultation to take place, inter alia, at the informal
meeting of the Committee scheduled to take place from 24 to 28 April 1995
at Madrid.
B. The Committee's input to the World Summit
for Social Development
676. The Committee noted that, in accordance with the rules of procedure
for the event, the Committee or its representative would not be able to
play an official role at the Summit. Nevertheless, given the importance
for women of the issues to be discussed at the Summit, the Committee
proposes that, as its contribution to the Summit, the Rapporteur of the
Committee will participate and represent the Committee in events such as
round tables and workshops on women's human rights being organized by non-
governmental organizations and other groups in conjunction with the Summit.
C. Follow-up to the International Conference on
Population and Development
677. At its 282nd meeting, on 2 February 1995, the Committee, on the basis
of the report of Working Group II, adopted suggestion 8 on follow-up to the
International Conference on Population and Development (for the text, see
chap. I, sect. B).
678. The Committee also heard a statement by Dr. Nafis Sadik, Executive
Director of the United Nations Population Fund (UNFPA) and Secretary-
General of the International Conference on Population and Development. She
pointed out that one of the achievements of that Conference had been the
clear recognition of the need to empower women, to ensure gender equality
and to place human rights, especially women's rights, at the centre of
population and development policies and programmes. The Conference's
Programme of Action reinforced and amplified in many ways the Convention on
the Elimination of All Forms of Discrimination against Women. As one
example where the Programme of Action supported the Convention, she
referred to health and family planning, mentioned in articles 12, 14 and 16
of the Convention. The quantitative goals set by the Programme of Action
in areas such as education, mortality reduction and reproductive health
were directly in support of gender equality and opportunities for women.
She encouraged members of the Committee to contribute to the implementation
of the Programme of Action through their own work, their standing in their
communities and participation in non-governmental organizations, and by
influencing policy-making processes.
679. Members thanked the Executive Director for her statement, for the
important work she had accomplished and for the remarkable role she had
played in the preparation and conduct of the Conference. The importance of
the Convention as the first and only international human rights instrument
to include family planning and reproductive rights as fundamental rights,
and the importance assigned to those matters in the Programme of Action of
the International Conference on Population and Development were stressed.
Members expressed their interest in collaborating with UNFPA on issues of
common interest. In that regard, members of the Committee proposed to
convene, in cooperation with UNFPA, a working group consisting of members
of the Committee and of other human rights treaty bodies to develop further
the jurisprudence with regard to family planning, reproductive rights and
reproductive health in the framework of international human rights
instruments and the Programme of Action of the International Conference on
Population and Development. The Executive Director expressed her
willingness to consider supporting such a project.
VIII. PROVISIONAL AGENDA FOR THE FIFTEENTH SESSION
OF THE COMMITTEE
680. At its 281st meeting, on 3 February 1995 the Committee considered the
provisional agenda for its fifteenth session (agenda item 10).
681. At its 281st meeting, on the basis of the report of Working Group I,
the Committee decided to approve the following provisional agenda:
1. Opening of the session.
2. Adoption of the agenda and organization of work.
3.Report of the Chairperson on the activities undertaken during the year.
4.Consideration of reports submitted by States parties under article 18 of
the Convention.
Documentation
Report of the Secretary-General on the status of submission of reports by
States parties under article 18 of the Convention.
Reports of States parties to be considered at the fifteenth session.
5. Implementation of article 21 of the Convention.
Documentation
Note by the Secretary-General on reports provided by specialized agencies.
Report of the Secretariat on analysis of article 4 of the Convention.
6. Ways and means of expediting the work of the Committee.
Documentation
Report of the Secretariat on ways and means of expediting the work of the
Committee.
7. Results of the Fourth World Conference on Women.
8. Provisional agenda for the sixteenth session.
9. Adoption of the report of the Committee on its fifteenth session.
IX. ADOPTION OF THE REPORT
682. At its 284th meeting, on 3 February 1995, the Committee adopted the
report on its fourteenth session (CEDAW/C/1995/L.1 and Add.1-12), as orally
amended.
Notes
1/ Report of the World Conference on Human Rights, Vienna, 14-25 June
1993 (A/CONF.157/24 (Part I)), chap. III.
2/ See A/45/636, annex; A/47/628, annex; and A/49/537, annex.
3/ See Official Records of the Economic and Social Council, 1994,
Supplement No. 7 (E/1994/27), chap. I.C.
4/ Ibid., Supplement No. 4 (E/1994/24), chap. II.A.
5/ Official Records of the General Assembly, Forty-ninth Session,
Supplement No. 38 (A/49/38), chap. I, sect. C.2.
6/ See Official Records of the General Assembly, Forty-fifth Session,
Supplement No. 38 and corrigendum (A/45/38 and Corr.1), paras. 28-31.
7/ At its tenth session, the Committee had decided that, if States
parties whose reports were overdue by the conclusion of that session so
wished, they could submit a combined report to the Committee and that such
reports should be numbered by the Secretariat in a way that facilitated
their identification (Official Records of the General Assembly, Forty-sixth
Session, Supplement No. 38 (A/46/38), para. 370).
8/ See Official Records of the General Assembly, Forty-fifth Session,
Supplement No. 38 and corrigendum (A/45/38 and Corr.1), paras. 28-31.
9/ Official Records of the General Assembly, Forty-eighth Session,
Supplement No. 38 (A/48/38), chap. I, sect. B.
10/ Ibid., Forty-ninth Session, Supplement No. 38 (A/49/38), chap. I,
sect. B.
--ANNEX I
States parties to the Convention on the Elimination of All Forms
of Discrimination against Women as at 3 February 1995
Date of receipt of the
instrument of Date of entry
States parties ratification or accession into force
Albania 11 May 1994 a/ 10 June 1994
Angola 17 September 1986 a/ 17 October 1986
Antigua and Barbuda 1 August 1989 a/ 31 August 1989
Argentina 15 July 1985 b/ 14 August 1985
Armenia 13 September 1993 a/ 13 October 1993
Australia 28 July 1983 b/ 27 August 1983
Austria 31 March 1982 b/ 30 April 1982
Bahamas 6 October 1993 a/ 5 November 1993
Bangladesh 6 November 1984 a/, b/ 6 December 1984
Barbados 16 October 1980 3 September 1981
Belarus 4 February 1981 c/ 3 September 1981
Belgium 10 July 1985 b/ 9 August 1985
Belize 16 May 1990 15 June 1990
Benin 12 March 1992 11 April 1992
Bhutan 31 August 1981 30 September 1981
Bolivia 8 June 1990 8 July 1990
Bosnia and Herzegovina 1 September 1993 d/ 1 October 1993
Brazil 1 February 1984 b/ 2 March 1984
Bulgaria 8 February 1982 c/ 10 March 1982
Burkina Faso 14 October 1987 a/ 13 November 1987
Burundi 8 January 1992 7 February 1992
Cambodia 15 October 1992 a/ 14 November 1992
Cameroon 23 August 1994 a/ 22 September 1994
Canada 10 December 1981 c/ 9 January 1982
Cape Verde 5 December 1980 a/ 3 September 1981
Central African Republic 21 June 1991 a/ 21 July 1991
Chile 7 December 1989 6 January 1990
China 4 November 1980 b/ 3 September 1981
Colombia 19 January 1982 18 February 1982
Comoros 31 October 1994 a/ 30 November 1994
Congo 26 July 1982 25 August 1982
Costa Rica 4 April 1986 4 May 1986
Croatia 9 September 1992 d/ 9 October 1992
Cuba 17 July 1980 b/ 3 September 1981
Cyprus 23 July 1985 a/, b/ 22 August 1985
Czech Republic e/ 22 February 1993 c/, d/ 24 March 1993
Denmark 21 April 1983 21 May 1983
Dominica 15 September 1980 3 September 1981
Dominican Republic 2 September 1982 2 October 1982
Ecuador 9 November 1981 9 December 1981
Egypt 18 September 1981 b/ 18 October 1981
El Salvador 19 August 1981 b/ 18 September 1981
Equatorial Guinea 23 October 1984 a/ 22 November 1984
Estonia 21 October 1991 a/ 20 November 1991
Ethiopia 10 September 1981 b/ 10 October 1981
Date of receipt of the
instrument of Date of entry
States parties ratification or accession into force
Finland 4 September 1986 4 October 1986
France 14 December 1983 b/, c/ 13 January 1984
Gabon 21 January 1983 20 February 1983
Gambia 16 April 1993 16 May 1993
Germany f/ 10 July 1985 b/ 9 August 1985
Georgia 26 October 1994 a/ 25 November 1994
Ghana 2 January 1986 1 February 1986
Greece 7 June 1983 7 July 1983
Grenada 30 August 1990 29 September 1990
Guatemala 12 August 1982 11 September 1982
Guinea 9 August 1982 8 September 1982
Guinea-Bissau 23 August 1985 22 September 1985
Guyana 17 July 1980 3 September 1981
Haiti 20 July 1981 3 September 1981
Honduras 3 March 1983 2 April 1983
Hungary 22 December 1980 c/ 3 September 1981
Iceland 18 June 1985 18 July 1985
India 9 July 1993 b/ 8 August 1993
Indonesia 13 September 1984 b/ 13 October 1984
Iraq 13 August 1986 a/, b/ 12 September 1986
Ireland 23 December 1985 a/, b/, c/ 22 January 1986
Israel 3 October 1991 b/ 2 November 1991
Italy 10 June 1985 b/ 10 July 1985
Jamaica 19 October 1984 b/ 18 November 1984
Japan 25 June 1985 25 July 1985
Jordan 1 July 1992 b/ 31 July 1992
Kenya 9 March 1984 a/ 8 April 1984
Kuwait 2 September 1994 a/ 2 October 1994
Lao People's Democratic
Republic 14 August 1981 13 September 1981
Latvia 14 April 1992 a/ 14 May 1992
Liberia 17 July 1984 a/ 16 August 1984
Libyan Arab Jamahiriya 16 May 1989 a/, b/ 15 June 1989
Lithuania 18 January 1994 a/ 17 February 1994
Luxembourg 2 February 1989 b/ 4 March 1989
Macedonia 18 January 1994 d/ 17 February 1994
Madagascar 17 March 1989 16 April 1989
Malawi 12 March 1987 a/, c/ 11 April 1987
Maldives 1 July 1993 a/, b/ 31 July 1993
Mali 10 September 1985 10 October 1985
Malta 8 March 1991 a/, b/ 7 April 1991
Mauritius 9 July 1984 a/, b/ 8 August 1984
Mexico 23 March 1981 b/ 3 September 1981
Mongolia 20 July 1981 c/ 3 September 1981
Morocco 21 June 1993 a/, b/ 21 July 1993
Namibia 23 November 1992 a/ 23 December 1992
Nepal 22 April 1991 22 May 1991
Netherlands 23 July 1991 b/ 22 August 1991
New Zealand 10 January 1985 b/, c/ 9 February 1985
Nicaragua 27 October 1981 26 November 1981
Nigeria 13 June 1985 13 July 1985
Date of receipt of the
instrument of Date of entry
States parties ratification or accession into force
Norway 21 May 1981 3 September 1981
Panama 29 October 1981 28 November 1981
Papua New Guinea 12 January 1995 a/ 11 February 1995
Paraguay 6 April 1987 a/ 6 May 1987
Peru 13 September 1982 13 October 1982
Philippines 5 August 1981 4 September 1981
Poland 30 July 1980 b/ 3 September 1981
Portugal 30 July 1980 3 September 1981
Republic of Korea 27 December 1984 b/, c/ 26 January 1985
Republic of Moldova 1 July 1994 a/ 31 July 1994
Romania 7 January 1982 b/ 6 February 1982
Russian Federation 23 January 1981 c/ 3 September 1981
Rwanda 2 March 1981 3 September 1981
Saint Kitts and Nevis 25 April 1985 a/ 25 May 1985
Saint Lucia 8 October 1982 a/ 7 November 1982
Saint Vincent and the
Grenadines 4 August 1981 a/ 3 September 1981
Samoa 25 September 1992 a/ 25 October 1992
Senegal 5 February 1985 7 March 1985
Seychelles 5 May 1992 a/ 4 June 1992
Sierra Leone 11 November 1988 11 December 1988
Slovakia e/ 28 May 1993 c/, d/ 27 June 1993
Slovenia 6 July 1992 d/ 5 August 1992
Spain 5 January 1984 b/ 4 February 1984
Sri Lanka 5 October 1981 4 November 1981
Suriname 1 March 1993 a/ 31 March 1993
Sweden 2 July 1980 3 September 1981
Tajikistan 26 October 1993 a/ 25 November 1993
Thailand 9 August 1985 a/, b/, c/ 8 September 1985
The former Yugoslav Republic
of Macedonia 18 January 1994 d/ 17 February 1994
Togo 26 September 1983 a/ 26 October 1983
Trinidad and Tobago 12 January 1990 b/ 11 February 1990
Tunisia 20 September 1985 b/ 20 October 1985
Turkey 20 December 1985 a/, b/ 19 January 1986
Uganda 22 July 1985 21 August 1985
Ukraine 12 March 1981 c/ 3 September 1981
United Kingdom of Great
Britain and Northern
Ireland 7 April 1986 b/ 7 May 1986
United Republic of Tanzania 20 August 1985 19 September 1985
Uruguay 9 October 1981 8 November 1981
Venezuela 2 May 1983 b/ 1 June 1983
Viet Nam 17 February 1982 b/ 19 March 1982
Yemen g/ 30 May 1984 a/, b/ 29 June 1984
Yugoslavia 26 February 1982 28 March 1982
Zaire 17 October 1986 16 November 1986
Zambia 21 June 1985 21 July 1985
Zimbabwe 13 May 1991 a/ 12 June 1991
(Footnotes on following page)
(Footnotes to annex I)
a/ Accession.
b/ Declarations and reservations.
c/ Reservation subsequently withdrawn.
d/ Succession.
e/ Before becoming separate States on 1 January 1993, the Czech Republic
and Slovakia formed part of Czechoslovakia, which State had ratified the
Convention on 16 February 1982.
f/ With effect from 3 October 1990, the German Democratic Republic
(which ratified the Convention on 9 July 1980) and the Federal Republic of
Germany (which ratified the Convention on 10 July 1985) united to form one
sovereign State, which acts in the United Nations under the designation
"Germany".
g/ On 22 May 1990 Democratic Yemen and Yemen merged to form a single
State, which acts in the United Nations under the designation "Yemen".
ANNEX II
Membership of the Committee on the Elimination of
Discrimination against Women
Name of member Country of nationality
Charlotte Abaka** Ghana
Emna Aouij** Tunisia
Gul Aykor* Turkey
Tendai Ruth Bare** Zimbabwe
Desiree Patricia Bernard** Guyana
Carlota Bustelo Garcia del Real* Spain
Silvia Rose Cartwright* New Zealand
Miriam Yolanda Estrada Castillo** Ecuador
Liliana Gurdulich de Correa* Argentina
Ivanka Corti** Italy
Aurora Javate de Dios** Philippines
Evangelina Garcia-Prince* Venezuela
Sunaryati Hartono** Indonesia
Salma Khan* Bangladesh
Pirkko Anneli Makinen* Finland
Elsa Victoria Munoz-Gomez* Colombia
Ahoua Ouedraogo* Burkina Faso
Ginko Sato** Japan
Hanna Beate Schopp-Schilling* Germany
Carmel Shalev** Israel
Lin Shangzhen** China
Kongit Sinegiorgis* Ethiopia
Mervat Tallawy** Egypt
* Term of office expires in 1996.
** Term of office expires in 1998.
ANNEX III
Documents before the Committee at its fourteenth session
Document number Title or description
CEDAW/C/1995/1 Provisional agenda and annotations
CEDAW/C/1995/2 Report of the Secretary-General on the status of
submission of reports by States parties under article 18 of the Convention
CEDAW/C/1995/3 Note by the Secretary-General on reports of specialized
agencies on the implementation of the Convention in areas falling within
the scope of their activities
CEDAW/C/1995/3/Add.2 Report of the International Labour Organization
CEDAW/C/1995/3/Add.3Report of the United Nations Educational, Scientific
and Cultural Organization
CEDAW/C/1995/3/Add.4Report of the Food and Agriculture Organization of the
United Nations
CEDAW/C/1995/4Report of the Secretariat on the analysis of article 2 of the
Convention
CEDAW/C/1995/5Report of the Secretariat on the implications for work of the
Committee of the priority themes of the Commission on the Status of Women
CEDAW/C/1995/6 Report of the Secretariat on ways and means of improving the
work of the Committee
CEDAW/C/1995/7 Report of the Secretariat on progress achieved in the
implementation of the Convention
CEDAW/C/1995/CRP.1 Report of the Pre-session Working Group
CEDAW/C/1995/INF.1/ List of participants
Rev.1
CEDAW/C/1995/L.1 Draft report of the Committee
and Add.1-12
CEDAW/C/1995/WP.3-12 Concluding comments of the Committee on the
reports
of the States parties
CEDAW/C/1994/WP.2/Add.1, General comments of the Committee on the reports
of
12/Add.1, 13/Add.1, Australia, Colombia, Guyana, Japan
14/Add.1
CEDAW/C/1995/WG.I/WP.1 An optional protocol to the Convention on the
Elimination of All Forms of Discrimination
against
Women
Document number Title or description
CEDAW/C/1995/WG.I/WP.2 Report of Working Group I
and Add.1 and 2
CEDAW/C/1995/WG.II/WP.1, Report of Working Group II
2 and Add.1
Reports of States parties
CEDAW/C/1995/BOL/1 and Initial report of Bolivia
Add.1
CEDAW/C/CHI/1 Initial report of Chile
CEDAW/C/FIN/2 Second periodic report of Finland
CEDAW/C/MAR/1-2 Combined initial and second periodic reports of
Mauritius
CEDAW/C/NOR/3 Third periodic report of Norway
CEDAW/C/NOR/4 Fourth periodic report of Norway
CEDAW/C/13/Add.29 Second periodic report of Peru
CEDAW/C/USR/3 Third periodic report of the Russian Federation
CEDAW/C/USR/4 Fourth periodic report of the Russian Federation
CEDAW/C/TUN/1-2 Combined initial and second periodic reports of
Tunisia
CEDAW/C/UGA/1-2 and Combined initial and second periodic reports of
Uganda
Add.1
CEDAW/C/CRO/SP.1 Report submitted on an exceptional basis by
Croatia
ANNEX 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
3 February 1995
States parties Date due a/ Date of submission Considered by Committee
(session (year))
A. Initial reports due as at 3 February 1995Angola17 October 1987Antigua
and Barbuda31 August 199021 September 1994
(CEDAW/C/ANT/1-3)Argentina14 August 19866 October 1986
(CEDAW/C/5/Add.39)Seventh (1988)
Armenia13 October 199430 November 1994
(CEDAW/C/ARM/1)Australia27 August 19843 October 1986
(CEDAW/C/5/Add.40)Seventh (1988)
Austria30 April 198320 October 1983
(CEDAW/C/5/Add.17)Fourth (1985)Bahamas5 November 1994Bangladesh6 December
198512 March 1986
(CEDAW/C/5/Add.34)Sixth (1987)Barbados3 September 198211 April 1990
(CEDAW/C/5/Add.64)Eleventh (1992)Belarus3 September 19824 October 1982
(CEDAW/C/5/Add.5)Second (1983)Belgium9 August 198620 July 1987
(CEDAW/C/5/Add.53)Eighth (1989)Belize15 June 1991Benin11 April 1993Bhutan30
September 1982Bolivia8 July 19918 July 1991
(CEDAW/C/BOL/1)
26 August 1993
(CEDAW/C/BOL/1/Add.1)Fourteenth
(1995)Bosnia and
Herzegovina1 October 1994Brazil2 March 1985Bulgaria10 March 198313 June
1983
(CEDAW/C/5/Add.15)Fourth (1985)Burkina Faso13 November 198824 May 1990
(CEDAW/C/5/Add.67)Tenth (1991)Burundi7 February 1993Cambodia14 November
1993Canada9 January 198315 July 1983
(CEDAW/C/5/Add.16)Fourth (1985)Cape Verde3 September 1982Central African
Republic21 July 1992Chile6 January 19913 September 1991
(CEDAW/C/CHI/1)Fourteenth
(1995)China3 September 198225 May 1983
(CEDAW/C/5/Add.14)Third (1984)Colombia18 February 198316 January 1986
(CEDAW/C/5/Add.32)Sixth (1987)Congo25 August 1983Costa Rica4 May
1987Croatia9 October 199310 January 1995
(CEDAW/C/CRO/1)Cuba3 September 198227 September 1982
(CEDAW/C/5/Add.4)Second (1983)Cyprus22 August 19862 February 1994
(CEDAW/C/CYP/1-2)Czech
Republic24 March 1994Denmark21 May 198430 July 1984
(CEDAW/C/5/Add.22)Fifth (1986)Dominica3 September 1982Dominican Republic2
October 19832 May 1986
(CEDAW/C/5/Add.37)Seventh (1988)Ecuador9 December 198214 August 1984
(CEDAW/C/5/Add.23)Fifth (1986)Egypt18 October 19822 February 1983
(CEDAW/C/5/Add.10)Third (1984)El Salvador18 September 19823 November 1983
(CEDAW/C/5/Add.19)Fifth (1986)Equatorial Guinea22 November 198516 March
1987
(CEDAW/C/5/Add.50)Eighth (1989)Estonia20 November 1992Ethiopia10 October
198222 April 1993
(CEDAW/C/ETH/1-3)Finland4 October 198716 February 1988
(CEDAW/C/5/Add.56)Eighth (1989)France13 January 198513 February 1986
(CEDAW/C/5/Add.33)Sixth (1987)Gabon20 February 198419 June 1987
(CEDAW/C/5/Add.54)Eighth (1989)Gambia16 May 1994Germany9 August 198615
September 1988
(CEDAW/C/5/Add.59)Ninth (1990)Ghana1 February 198729 January 1991
(CEDAW/C/GHA/1-2)Eleventh (1992)Greece7 July 19845 April 1985
(CEDAW/C/5/Add.28)Sixth (1987)Grenada29 September 1991Guatemala11 September
19832 April 1991
(CEDAW/C/GUA/1-2 and Corr.1)
7 April 1993
(CEDAW/C/GUA/1-2/
Amend.1)Thirteenth (1994)
Thirteenth (1994)Guinea8 September 1983Guinea-Bissau22 September
1986Guyana3 September 198223 January 1990
(CEDAW/C/5/Add.63)Thirteenth (1994)Haiti3 September 1982Honduras2 April
19843 December 1986
(CEDAW/C/5/Add.44)Eleventh (1992)Hungary3 September 198220 September 1982
(CEDAW/C/5/Add.3)Third (1984)Iceland18 July 19865 May 1993
(CEDAW/C/ICE/1-2)India8 August 1994Indonesia13 October 198517 March 1986
(CEDAW/C/5/Add.36)Seventh (1988)Iraq12 September 198716 May 1990
(CEDAW/C/5/Add.66/Rev.1)Twelfth (1993)Ireland22 January 198718 February
1987
(CEDAW/C/5/Add.47)Eighth (1989)Israel2 November 199212 January 1994
(CEDAW/C/ISR/1)Italy10 July 198620 October 1989
(CEDAW/C/5/Add.62)Tenth (1991)Jamaica18 November 198512 September 1986
(CEDAW/C/5/Add.38)Seventh (1988)Japan25 July 198613 March 1987
(CEDAW/C/5/Add.48)Seventh (1988)Jordan31 July 1993Kenya8 April 19854
December 1990
(CEDAW/C/KEN/1-2)Twelfth (1993)Lao People's Democratic Republic13 September
1982Latvia14 May 1993Liberia16 August 1985Libyan Arab Jamahiriya15 June
199018 February 1991
(CEDAW/C/LIB/1)
4 October 1993
(CEDAW/C/LIB/1/Add.1)Thirteenth (1994)
Thirteenth (1994)Luxembourg4 March 1990Madagascar16 April 199021 May 1990
(CEDAW/C/5/Add.65)
8 November 1993
(CEDAW/C/5/Add.65/Rev.2)
Thirteenth (1994)Malawi11 April 198815 July 1988
(CEDAW/C/5/Add.58)Ninth (1990)Maldives1 July 1994Mali10 October 198613
November 1986
(CEDAW/C/5/Add.43)Seventh (1988)Malta7 April 1992Mauritius8 August 198523
February 1992
(CEDAW/C/MAR/1-2)Fourteenth
(1995)Mexico3 September 198214 September 1982
(CEDAW/C/5/Add.2)Second (1983)Mongolia3 September 198218 November 1983
(CEDAW/C/5/Add.20)Fifth (1986)Morocco21 July 199414 September 1994
(CEDAW/C/MOR/1)Namibia23 December 1993Nepal22 May 1992Netherlands22 August
199219 November 1992
(CEDAW/C/NET/1)
17 September 1993
CEDAW/C/NET/1/Add.1
20 September 1993
(CEDAW/C/NET/1/Add.2)
9 October 1993
CEDAW/C/NET/1/Add.3)
)
)
Thirteenth (1994)
)
)New Zealand9 February 19863 October 1986
(CEDAW/C/5/Add.41)Seventh (1988)Nicaragua26 November 198222 September 1987
(CEDAW/C/5/Add.55)Eighth (1989)Nigeria13 July 19861 April 1987
(CEDAW/C/5/Add.49)Seventh (1987)Norway3 September 198218 November 1982
(CEDAW/C/5/Add.7)Third (1984)Panama28 November 198212 December 1982
(CEDAW/C/5/Add.9)Fourth (1985)Paraguay6 May 19884 June 1992
(CEDAW/C/PAR/1-2)Peru13 October 198314 September 1988
(CEDAW/C/5/Add.60)Ninth (1990)Philippines4 September 198222 October 1982
(CEDAW/C/5/Add.6)Third (1984)Poland3 September 198210 October 1985
(CEDAW/C/5/Add.31)Sixth (1987)Portugal3 September 198219 July 1983
(CEDAW/C/5/Add.21)Fifth (1986)Republic of Korea26 January 198613 March 1986
(CEDAW/C/5/Add.35)Sixth (1987)Romania6 February 198314 January 1987
(CEDAW/C/5/Add.45)Twelfth (1993)Russian Federation3 September 19822 March
1983
(CEDAW/C/5/Add.12)Second (1983)Rwanda3 September 198224 May 1983
(CEDAW/C/5/Add.13)Third (1984)Saint Kitts and Nevis25 May 1986Saint Lucia7
November 1983Saint Vincent and the Grenadines3 September 198227 September
1991
(CEDAW/C/STV/1-3)Samoa25 October 1993Senegal7 March 19865 November 1986
(CEDAW/C/5/Add.42)Seventh (1988)Seychelles4 June 1993Sierra Leone11
December 1989Slovakia27 June 1994Slovenia5 August 199323 November 1993
(CEDAW/C/SVN/1)Spain4 February 198520 August 1985
(CEDAW/C/5/Add.30)Sixth (1987)Sri Lanka4 November 19827 July 1985
(CEDAW/C/5/Add.29)Sixth (1987)Suriname31 March 1994Sweden3 September 198222
October 1982
(CEDAW/C/5/Add.8)Second (1983)Tajikistan25 October 1994Thailand8 September
19861 June 1987
(CEDAW/C/5/Add.51)Ninth (1990)Togo26 October 1984Trinidad and Tobago11
February 1991Tunisia20 October 198617 September 1993
(CEDAW/C/TUN/1-2)Fourteenth
(1995)Turkey19 January 198727 January 1987
(CEDAW/C/5/Add.46)Ninth (1990)Uganda21 August 19861 June 1992
(CEDAW/C/UGA/1-2)Fourteenth
(1995)Ukraine3 September 19822 March 1983
(CEDAW/C/5/Add.11)Second (1983)United Kingdom of Great Britain and Northern
Ireland7 May 198725 June 1987
(CEDAW/C/5/Add.52)Ninth (1990)United Republic of Tanzania19 September 19869
March 1988
(CEDAW/C/5/Add.57)Ninth (1990)Uruguay8 November 198223 November 1984
(CEDAW/C/5/Add.27)Seventh (1988)Venezuela1 June 198427 August 1984
(CEDAW/C/5/Add.24)Fifth (1986)Viet Nam19 March 19832 October 1984
(CEDAW/C/5/Add.25)Fifth (1986)Yemen29 June 198523 January 1989
(CEDAW/C/5/Add.61)Twelfth (1993)Yugoslavia28 March 19833 November 1983
(CEDAW/C/5/Add.18)Fourth (1985)Zaire16 November 19871 March 1994
(CEDAW/C/ZAR/1)Zambia21 July 19866 March 1991
(CEDAW/C/ZAM/1-2)Thirteenth (1994)Zimbabwe12 June 1992B. Second periodic
reports due as at 3 February 1995Angola17 October 1991Antigua and
Barbuda31 August 199421 September 1994
(CEDAW/C/ANT/1-3)Argentina14 August 199013 February 1992
(CEDAW/C/ARG/2)Australia27 August 198824 July 1992
(CEDAW/C/AUL/2)Thirteenth (1994)Austria30 April 198718 December 1989
(CEDAW/C/13/Add.27)Tenth (1991)Bangladesh6 December 198923 February 1990
(CEDAW/C/13/Add.30)Twelfth (1993)Barbados3 September 19864 December 1991
(CEDAW/C/BAR/2-3)Thirteenth (1994)Belarus3 September 19863 March 1987
(CEDAW/C/13/Add.5)Eighth (1989)Belgium9 August 19909 February 1993
(CEDAW/C/BEL/2)Bhutan30 September 1986Brazil2 March 1989Bulgaria10 March
19876 September 1994
(CEDAW/C/BGR/2-3)Burkina Faso13 November 1992
Canada9 January 198720 January 1988
(CEDAW/C/13/Add.11)Ninth (1990)Cape Verde3 September 1986China3 September
198622 June 1989
(CEDAW/C/13/Add.26)Eleventh (1992)Chile6 January 19959 March 1995
(CEDAW/C/CHI/2)Colombia18 February 198714 January 1993
(CEDAW/C/COL/2-3)
2 September 1993
(CEDAW/C/COL/2-3/Rev.1)
Thirteenth (1994)Congo25 August 1987Costa Rica4 May 1991Cuba3 September
198613 March 1992
(CEDAW/C/CUB/2-3)Cyprus22 August 1990Denmark21 May 19882 June 1988
(CEDAW/C/13/Add.14)Tenth (1991)Dominica3 September 1986Dominican Republic2
October 198726 April 1993
(CEDAW/C/DOM/2-3)Ecuador9 December 198628 May 1990
(CEDAW/C/13/Add.31)Thirteenth (1994)Egypt18 October 198619 December 1986
(CEDAW/C/13/Add.2)Ninth (1990)El Salvador18 September 198618 December 1987
(CEDAW/C/13/Add.12)Eleventh (1992)Equatorial Guinea22 November 19896
January 1994
(CEDAW/C/GNQ/2-3)Ethiopia10 October 198622 April 1993
(CEDAW/C/ETH/1-3)Finland4 October 19919 February 1993
(CEDAW/C/FIN/2)Fourteenth
(1995)France13 January 198910 December 1990
(CEDAW/C/FRA/2)
(CEDAW/C/FRA/2/Rev.1)
Twelfth (1993)Gabon20 February 1988Germany9 August 1990Ghana1 February
199129 January 1991
(CEDAW/C/GHA/1-2)Eleventh (1992)Greece7 July 1988Guatemala11 September
19872 April 1991
(CEDAW/C/GUA/1-2 and Corr.1)
7 April 1993
(CEDAW/C/GUA/1-2/
Amend.1)Thirteenth (1994)
Thirteenth (1994)Guinea8 September 1987Guinea-Bissau22 September
1990Guyana3 September 1986Haiti3 September 1986Honduras2 April 198828
October 1987
(CEDAW/C/13/Add.9)Eleventh (1992)Hungary3 September 198629 September 1986
(CEDAW/C/13/Add.1)Seventh (1988)Iceland18 July 19905 May 1993
(CEDAW/C/ICE/1-2)Indonesia13 October 1989Iraq12 September 1991Ireland22
January 1991Italy10 July 1990Jamaica18 November 1989Japan25 July 199021
February 1992
(CEDAW/C/JPN/2)Thirteenth (1994)Kenya8 April 19894 December 1990
(CEDAW/C/KEN/1-2)Twelfth (1993)Lao People's Democratic Republic13 September
1986Liberia16 August 1989Libyan Arab Jamahiriya15 June 1994Luxembourg4
March 1994Madagascar16 April 1994Malawi11 April 1992Mali10 October
1990Mauritius8 August 198923 February 1992
(CEDAW/C/MAR/1-2)Fourteenth
(1995)Mexico3 September 19863 December 1987
(CEDAW/C/13/Add.10)Ninth (1990)Mongolia3 September 198617 March 1987
(CEDAW/C/13/Add.7)Ninth (1990)New Zealand9 February 19903 November 1992
(CEDAW/C/NZE/2)
27 October 1993
(CEDAW/C/NZE/2/Add.1)Thirteenth (1994)
Thirteenth (1994)Nicaragua26 November 198616 March 1989
(CEDAW/C/13/Add.20)Twelfth (1993)Nigeria13 July 1990Norway3 September
198623 June 1988
(CEDAW/C/13/Add.15)Tenth (1991)Panama28 November 1986Paraguay6 May 19924
June 1992
(CEDAW/C/PAR/1-2)Peru13 October 198713 February 1990
(CEDAW/C/13/Add.29)Fourteenth
(1995)Philippines4 September 198612 December 1988
(CEDAW/C/13/Add.17)Tenth (1991)Poland3 September 198617 November 1988
(CEDAW/C/13/Add.16)Tenth (1991)Portugal3 September 198618 May 1989
(CEDAW/C/13/Add.22)Tenth (1991)Republic of Korea26 January 199019 December
1989
(CEDAW/C/13/Add.28 and Corr.1)Twelfth (1993)Romania6 February 198719
October 1992
(CEDAW/C/ROM/2-3)Twelfth (1993)Russian Federation3 September 198610
February 1987
(CEDAW/C/13/Add.4)Eighth (1989)Rwanda3 September 19867 March 1988
(CEDAW/C/13/Add.13)Tenth (1991)Saint Kitts and Nevis25 May 1990Saint Lucia7
November 1987Saint Vincent and the Grenadines3 September 198627 September
1991
(CEDAW/C/STV/1-3)Senegal7 March 199023 September 1991
(CEDAW/C/SEN/2)
(CEDAW/C/SEN/2/Amend.1)Thirteenth (1994)Sierra Leone11 December 1993Spain4
February 19899 February 1989
(CEDAW/C/13/Add.19)Eleventh (1992)Sri Lanka4 November 198629 December 1988
(CEDAW/C/13/Add.18)Eleventh (1992)Sweden3 September 198610 March 1987
(CEDAW/C/13/Add.6)Seventh (1988)Thailand8 September 1990Togo26 October
1988Tunisia20 October 199017 September 1993
(CEDAW/C/TUN/1-2)Fourteenth
(1995)Turkey19 January 19917 February 1994
(CEDAW/C/TUR/2)Uganda21 August 19901 June 1992
(CEDAW/C/UGA/1-2)Fourteenth
(1995)Ukraine3 September 198613 August 1987
(CEDAW/C/13/Add.8)Ninth (1990)United Kingdom of Great Britain and Northern
Ireland7 May 199111 May 1991
(CEDAW/C/UK/2)
(CEDAW/C/UK/2/Amend.1)Twelfth (1993)United Republic of Tanzania19 September
1990Uruguay8 November 1986Venezuela1 June 198818 April 1989
(CEDAW/C/13/Add.21)Eleventh (1992)Viet Nam19 March 1987Yemen29 June 19898
June 1989
(CEDAW/C/13/Add.24)
(CEDAW/C/13/Add.24/
Amend.1)Twelfth (1993)Yugoslavia28 March 198731 May 1989
(CEDAW/C/13/Add.23)Tenth (1991)Zaire16 November 1991Zambia21 July 19906
March 1991
(CEDAW/C/ZAM/1-2)Thirteenth (1994)C. Third periodic reports due as at 3
February 1995Antigua and
Barbuda31 August 199821 September 1994
(CEDAW/C/ANT/1-3)Argentina14 August 1994Australia27 August 1992Austria30
April 1991Bangladesh6 December 199326 January 1993
(CEDAW/C/BDG/3)Barbados3 September 19904 December 1991
(CEDAW/C/BAR/2-3)Thirteenth (1994)Belarus3 September 19901 July 1993
(CEDAW/C/BLR/3)Belgium9 August 1994Bhutan30 September 1990Brazil2 March
1993Bulgaria10 March 19916 September 1994
(CEDAW/C/BGR/2-3)Canada9 January 19919 September 1992
(CEDAW/C/CAN/3)Cape Verde3 September 1990China3 September 1990Colombia18
February 199114 January 1993
(CEDAW/C/COL/2-3)
2 September 1993
(CEDAW/C/COL/2-3/Rev.1)
Thirteenth (1994)Congo25 August 1991Cuba3 September 199013 March 1992
(CEDAW/C/CUB/2-3)Cyprus22 August 1994Denmark21 May 19927 May 1993
(CEDAW/C/DEN/3)Dominica3 September 1990Dominican Republic2 October 199126
April 1993
(CEDAW/C/DOM/2-3)Ecuador9 December 199023 December 1991
(CEDAW/C/ECU/3)Thirteenth (1994)Egypt18 October 1990El Salvador18 September
1990Equatorial Guinea22 November 1993Ethiopia10 October 199022 April 1993
(CEDAW/C/ETH/1-3)France13 January 1993Gabon20 February 1992Germany9 August
1994Ghana1 February 1995Greece7 July 1992Guatemala11 September 1991Guinea8
September 1991Guinea-Bissau22 September 1994Guyana3 September 1990Haiti3
September 1990Honduras2 April 199231 May 1991
(CEDAW/C/HON/3)Eleventh (1992)Hungary3 September 19904 April 1991
(CEDAW/C/HUN/3)Iceland3 July 1994Indonesia13 October 1993Ireland22 January
1995Italy10 July 1994Jamaica18 November 1993Japan25 July 199428 October
1993
(CEDAW/C/JPN/3)Thirteenth (1994)Kenya8 April 1993Lao People's Democratic
Republic13 September 1990Liberia16 August 1993Mali10 October 1994Mauritius8
August 1993Mexico3 September 19901 December 1992
(CEDAW/C/MEX/3)Mongolia3 September 1990New Zealand9 February
1994Nicaragua26 November 199015 October 1992
(CEDAW/C/NIC/3)Twelfth (1993)Nigeria13 July 1994Norway3 September 199025
January 1991
(CEDAW/C/NOR/3)Fourteenth
(1995)Panama28 November 1990Peru13 October 1991Philippines4 September
199020 January 1993
(CEDAW/C/PHI/3)Poland3 September 199022 November 1990
(CEDAW/C/18/Add.2)Tenth (1991)Portugal3 September 199010 December 1990
(CEDAW/C/18/Add.3)Tenth (1991)Republic of Korea26 January 1994Romania6
February 199119 October 1992
(CEDAW/C/ROM/2-3)Twelfth (1993)Russian Federation3 September 199024 July
1991
(CEDAW/C/USR/3)Fourteenth
(1995)Rwanda3 September 199018 January 1991
(CEDAW/C/RWA/3)Twelfth (1993)Saint Kitts and Nevis25 May 1994Saint Lucia7
November 1991Senegal7 March 1994Saint Vincent and the Grenadines3 September
199027 September 1991
(CEDAW/C/STV/1-3)Spain4 February 1993Sri Lanka4 November 1990Sweden3
September 19903 October 1990
(CEDAW/C/18/Add.1)Twelfth (1993)
Thailand8 September 1994Togo26 October 1992Tunisia20 October 1994Turkey19
January 1995Uganda21 August 1994Ukraine3 September 199031 May 1991
(CEDAW/C/UKR/3)United Republic of Tanzania19 September 1994Uruguay8
November 1990Venezuela1 June 19928 February 1995
(CEDAW/C/VEN/3)Viet Nam19 March 1991Yemen29 June 199313 November 1992
(CEDAW/C/YEM/3)Twelfth (1993)Yugoslavia28 March 1991Zambia21 July 1994
D. Fourth periodic reports due as at 3 February 1995
Norway3 September 19941 September 1994
(CEDAW/C/NOR/4)Fourteenth
(1995)Russian Federation
3 September 19941 September 1994
(CEDAW/C/USR/4)Fourteenth
(1995)E. Reports submitted on an exceptional basisBosnia and Herzegovina1
February 1994 oral report
(see CEDAW/C/SR.253)Thirteenth
(1994)Croatia15 September 1994
(CEDAW/C/CRO/SP.1)Fourteenth
(1995)Federal Republic of Yugoslavia (Serbia and Montenegro)2 December 1993
(CEDAW/C/YUG/SP.1)
2 February 1994 oral report
(see CEDAW/C/SR.254)Thirteenth (1994)
a/ One year prior to the due date, the Secretary-General invites the
State party to submit its report.
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