****************************************************************************** This document has been made available in electronic format by the United Nations. Reproduction and dissemination of the document - in electronic and/or printed format - is encouraged, provided acknowledgement is made of the role of the United Nations in making it available. ****************************************************************************** UNITED NATIONS GENERAL ASSEMBLY Distr.: General A/50/38 31 May 1995 ENGLISH ORIGINAL: ENGLISH/FRENCH/SPANISH Fiftieth session REPORT OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN NOTE 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). Fourteenth session CONTENTS Chapter 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 ................................................ 15 Adequate meeting time to consider reports of States parties ............................................... 15 II. ORGANIZATIONAL AND OTHER MATTERS ................................ 17 A. States parties to the Convention ............................. 17 B. Opening of the session ....................................... 17 C. Membership and attendance .................................... 18 D. Solemn declaration ........................................... 19 E. Election of officers ......................................... 19 F. Adoption of the agenda and organization of work .............. 19 G. Report of the pre-session working group ...................... 20 H. Composition and organization of work of the working groups ............................................... 20 III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN BETWEEN THE THIRTEENTH AND FOURTEENTH SESSIONS OF THE COMMITTEE ....................................................... 23 IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION .............................. 25 A. Introduction ................................................. 25 B. Consideration of reports ..................................... 25 1. Initial reports ......................................... 25 Bolivia ................................................. 25 Chile ................................................... 35 2. Initial and second periodic reports ..................... 44 Mauritius ............................................... 44 Tunisia ................................................. 52 Uganda .................................................. 61 3. Second periodic reports ................................. 71 Finland ................................................. 71 Peru .................................................... 79 4. Third and fourth periodic reports ....................... 89 Norway .................................................. 89 Russian Federation ...................................... 99 5. Reports submitted on an exceptional basis ............... 110 Croatia ................................................. 110 C. Concluding comments on reports considered at the thirteenth session ........................................... 116 Australia .................................................... 116 Colombia ..................................................... 117 Guyana ....................................................... 119 Japan ........................................................ 120 V. WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE ...................................................... 123 A. Action taken by the Committee on the report of Working Group I ............................................ 123 B. Plan of activities of the Centre for Human Rights of the United Nations Secretariat .......................... 129 C. Presentation of the Special Rapporteur on Violence against Women ..................................... 129 D. Presentation of the Gender Statistics Unit of the Statistical Division of the Secretariat .................... 130 E. Presentation of the Harrison Program on the Future Global Agenda and the American Association for the Advancement of Science ............................. 130 VI. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ................. 131 A. Action taken by the Committee on the report of Working Group II ........................................... 131 B. Elements for an optional protocol to the Convention ................................................. 131 C. General recommendations on articles 7 and 8; general recommendation on article 2 ........................ 131 D. Document prepared by the United Nations Educational, Scientific and Cultural Organization on the Committee on the Elimination of Discrimination against Women ............................... 131 VII. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL CONFERENCES .................................................... 135 A. Fourth World Conference on Women ........................... 135 B. The Committee's input to the World Summit for Social Development ......................................... 136 C. Follow-up to the International Conference on Population and Development ................................. 136 VIII. PROVISIONAL AGENDA FOR THE FIFTEENTH SESSION OF THE COMMITTEE ...................................................... 137 IX. ADOPTION OF THE REPORT ......................................... 138 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 Hiss 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 Child 6-7 Human Rights Committee 5 Committee Against Torture 8 Committee on Economic, Social and Cultural Rights 4-5 Committee on the Elimination of Racial Discrimination 6-10 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. Mun~oz-Go'mez 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 as provided for under rule 10 of the rules of procedure of the Committee. 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 Garci'a-Prince (Venezuela) and Lin Shangzhen (China), Vice-Chairpersons; and Hanna Beate Scho"pp-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 Garci'a-Prince, Pirkko Anneli Ma"kinen 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 Garci'a del Real, Ivanka Corti, Liliana Gurdulich de Correa, Salma Khan, Lin Shangzhen, Elsa Victoria Mun~oz-Go'mez, Hanna Beate Scho"pp-Schilling, Kongit Sinegiorgis and Mervat Tallawy. 30. Working Group II was composed of the following members of the Committee: Charlotte Abaka, Emna Aouij, Gu"l Aykor, Tendai Ruth Bare, Carlota Bustelo Garci'a del Real, Silvia Rose Cartwright, Aurora Javate de Dios, Miriam Yolanda Estrada Castillo, Evangelina Garci'a-Prince, Sunaryati Hartono, Salma Khan, Pirkko Anneli Ma"kinen, 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 NOTE Including subsequent reports, if submitted, in those cases where the initial report of the State party had not yet been considered by the Committee. 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. 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 gender-equality 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 decision-making 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 time- limit 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 cou