COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN INFORMED OF REFORM OF PARAGUAY'S PENAL CODE

Press Release
WOM/887

COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN INFORMED OF REFORM OF PARAGUAY'S PENAL CODE

Efforts were under way to reform Paraguay's patriarchal penal code, the Committee on the Elimination of Discrimination against Women was told this afternoon as it concluded examination of that country's implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

Responding to questions posed by Committee experts on 17 January, when the combined initial and second report of Paraguay was considered, Cristina Munoz, Paraguay's Minister of the Secretariat for Women, said that under the current penal code, rape was based on the notion of defending honour rather than the rights of women, and was considered a physical assault rather than a crime. It was hoped that draft laws correcting the situation would be adopted this year.

She also outlined efforts of her Government to sensitize police to women's rights, improve the situation of rural women, decrease female literacy, and halt the trafficking in women and girls.

The Committee was also addressed by the Director of the United Nations Development Fund for Women (UNIFEM), Noeleen Heyzer, who pledged the agency's support to the Committee. She said UNIFEM would assist governments and non- governmental organizations in lobbying for the universal ratification of the Convention by the year 2000.

Ms. Heyzer said that recently the Fund had worked with the International Women's Rights Action Watch to review achievements of the Committee, to identify challenges facing it in the post-Beijing era, and to enhance implementation of the Convention. The UNIFEM was also collaborating with the United Nations Population Fund (UNFPA) and the United Nations Children's Fund (UNICEF) and would help to disseminate the Committee's findings.

The Committee Chairman, Ivanka Corti, of Italy, said there were many areas in which the Fund could assist the Committee. In addition, she said the 23 expert members of the Committee could provide their expertise to the Fund on relevant issues.

The Committee will meet again at 10 a.m. tomorrow, 24 January, to hear the reply of Iceland to experts' questions and concerns.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to hear a statement by the Director of the United Nations Development Fund for Women (UNIFEM) and response by Paraguay to questions posed by Committee experts. The Committee examines measures taken by States parties to the Convention on the Elimination of All Forms of Discrimination against Women to ensure equal participation of women in their countries' political, economic and cultural life.

Statement by UNIFEM Director

NOELEEN HEYZER, Director of UNIFEM, said the Fourth World Conference on Women had broken new ground for women's rights. The UNIFEM welcomed the challenge to governments to achieve universal ratification of the Convention on the Elimination of All Forms of Discrimination against Women by the year 2000.

The Beijing Platform for Action had incorporated the commitment of the international community to the empowerment of women, she said. The focus of UNIFEM's new programming had been on political and economic empowerment. The principal aim of the Fund's economic empowerment programme was to increase women's access to, and control over, the means to make a living on a sustainable basis.

Its political empowerment programme was aimed at increasing women's control over their lives, both within and outside the household, and to increase their ability to influence the direction of society, she said.

The UNIFEM was committed to a comprehensive lifelong process by which people learned respect for the dignity of others. It would assist governments and non-governmental organizations in lobbying for the ratification of the Convention.

As a catalyst for women within the United Nations system, UNIFEM had a very strong commitment to integrate gender sensitivity in the work of all United Nations agencies, she said. It had collaborated with the United Nations Children's Fund (UNICEF) to produce an advocacy and information kit on the Convention, and it supported the work of the Committee.

The Fund had worked with the International Women's Rights Action Watch to review achievements of the Committee, to identify challenges facing it in the post-Beijing era and enhance the implementation of the Convention, she continued. The UNIFEM had been exploring partnerships with other United Nations agencies to promote the Convention. It was collaborating with the United Nations Population Fund (UNFPA) and UNICEF, and it would help to disseminate the Committee's findings.

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The Committee Chairman, IVANKA CORTI, of Italy, thanked the Director of UNIFEM and said there were many areas in which the Fund could assist the Committee. The 23 expert members of the Committee could also provide their expertise to the Fund on relevant issues. Closer cooperation between UNIFEM and the Committee would be welcome.

Experts thanked the UNIFEM Director for its support in helping the Committee to pursue its goals to eliminate discrimination against women. An expert said the accessibility of the Convention meant putting it in a language that could be understood. She asked whether, through cooperation with UNICEF, the Convention could be translated into simple language so that it could benefit more women. Another expert said it would be very important to have close contact with UNIFEM's regional office in Quito, to make it aware of the commitment that UNIFEM had made to the Committee.

An expert said that UNIFEM had undergone a change for the better. Its new interest in matters of empowerment of women and gender perspective were two very difficult areas. Although the United Nations system worked with those concepts, a lead agency was needed to articulate efforts on topics that were so timely and central to the Beijing Platform for Action. While UNIFEM was focusing much effort on human rights, its reports focused on policies and programmes. The UNIFEM might want to initiate activities which helped the Committee to create methodological guidelines for incorporating gender perspectives into human rights instruments. The Convention was a legal framework, but what was needed was an articulation between the framework and legal policies on gender issues. The drafting of such a legal framework was possible, but its implementation in many countries remained an important obstacle. The work of applying the Convention would remain in the legal field. Actual application would not occur as long as there was no methodological approach for introducing the gender perspective in policies and programmes. Perhaps, UNIFEM could help in that area.

Ms. HEYZER, UNIFEM Director, said the Convention provided a legal framework for women's rights. It was the only one women had, and it had to be protected and put to very good use. The UNIFEM had had its share of problems, but would do whatever it could to strengthen the work of the Committee. Part of the work to be done was to make the Convention more accessible. Since there was a relationship between UNIFEM's regional offices and Committee experts, she welcomed increased cooperation. An evaluation of the work of UNIFEM would hopefully show that political empowerment of women had good results. It should also make it more clear on how to push forward with partnership with the Committee.

Response of Paraguay

CRISTINA MUÑOZ, Minister of the Secretariat for Women, Paraguay, responding to questions posed by the Committee on 17 January when it

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considered the combined first and second report of that country, said the questions pointed to a legitimate concern regarding problems in her country. The reform of the electoral code benefited women, and the new labour code established new guarantees for women. However, many of the reforms advanced by the Secretariat and other groups did not necessarily enjoy a consensus.

She said that the Government of Paraguay had signed with the Inter- American Development Bank an agreement to reform government institutions in an effort to strengthen democracy.

Regarding questions relating to article 2, by which States parties agree to combat discrimination against women in various ways, including the adoption of laws, she said that the Office of the Secretariat for Women had been operating since September 1993. The Secretariat took action as a coordinating body and employed 53 officials who specialized in various fields. The budget for 1995 had been about $717,500. According to the Human Development Report of the United Nations Development Programme (UNDP), total investment in women's issues based on national budget was about $3,500,000. The municipal network for women was created to incorporate the gender perspective at the local level.

On article 4, which deals with temporary measures taken to accelerate women's equality, she said legal amendments had made it mandatory to include a minimum of 20 per cent women as eligible candidates at the regional level. Efforts were also being made to have more women in decision-making levels in trade unions. An agreement had been signed to promote training and employment for women. The system of gender-segregated statistics had been incorporated into all government ministries.

Regarding article 5, by which States parties are required to eliminate practices based on the idea of the inferiority or superiority of either sex, and to ensure that family education teaches that men and women share a common role in bringing up children, she said there was a programme for equal opportunity for education. The national plan to prevent violence against women operated through an inter-agency commission. Over 300 officers had received instruction under plans to train officers to improve police behaviour. There was also a gender perspective module of the judiciary and it had gained visibility through the media. The Secretariat for Women was systematizing measures against acts of violence.

On the penal code now in force, she said it must be recognized that the code had the traditional shortcomings of a patriarchal system, and the crime of rape was based on the notion of defending honour rather than the rights of women. It was regarded as a physical assault rather than a crime. Proposals had been submitted to correct the situation, and the formulation of a new penal code was progressing. The new code contemplated ways of overcoming all

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shortcomings and omissions and incorporated a new classification of sex crimes and criteria regarding crimes against freedom.

There were charges in the press regarding trafficking of young girls, and a book had been published on illegal international adoption, she continued. The Government was working to remedy the situation and had ratified the Convention on the Rights of the Child.

With reference to article 7 of the Convention, which states that women shall share on equal terms with men in the political and public life of the country, the women's organizations worked with rural women and the State through a development programme that set up 1,600 women's committees. Members received training courses and informal education teaching them Spanish. The country was bilingual and education was mandatory in both languages, Guaraní and Spanish. Official documents were published in both languages.

In implementing article 10, which calls for women to be granted equal rights with men in education, she said there was no discrimination in terms of access. However, 57 per cent of those illiterate were women, reflecting prevailing socio-cultural conditions. More girls remained at home than boys. The programme of equal opportunity for education was an effective instrument and was being extended throughout the national territory. The education and literacy network, created in 1991 under the auspices of the United Nations Educational, Scientific and Cultural Organization (UNESCO), was concentrating on efforts to increase literacy. Women who emigrated for economic reasons to urban centres often ended up in prostitution.

Speaking on article 11, which obliges States to eliminate discrimination against women in employment, and to prevent discrimination against women on the grounds of marriage or maternity, the Minister said the new labour code acknowledged the value of household work and outlined the minimum acceptable compensation for domestic workers. Mechanisms for monitoring compliance with the code had been set in place.

On article 12, which provides for measures to be taken to eliminate discrimination against women in the field of healthcare, she said the Government had channelled resources into improving women's access to healthcare. At least 38 per cent of births in Paraguay currently were hospitalized births. Publicity programmes to inform expectant women of available health facilities had been put in place. Single adolescent mothers had been provided services under the social welfare directorate, and measures had been taken to incorporate sex education in the school curriculum. However, the problem of unwanted children and street children persisted, though children born out of wedlock were granted the same rights as those born within wedlock.

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The prevailing legislation penalized acts described as abortions and all those who abetted or hid the practice, she said. That had led to clandestine abortions and deaths due to unhygienic conditions. Efforts were being made to expand prevention in that regard. Infanticide continued to be penalized lightly when compared to homicide. The issue of stronger punishment for infanticide would be addressed in the new penal code which was to come into effect this year.

With respect to article 14, which takes account of the particular problems of rural women and spells out their rights in the economic and social areas, she said rural and indigenous women were protected by the national Constitution. However, they were more exposed to violence and health problems. Women enjoyed the right to own land. A social action secretariat had been set up to identify unmet needs of rural women.

On article 15, which states that women shall have equality with men before the law, and shall be able to move freely and to choose their place of residence, she said there was no discrimination preventing women from entering the police and military. The number of women in the police force was on the increase.

Speaking on article 16, which spells out the equality of women's rights in matters relating to marriage and family relations, she said women enjoyed the same rights as men in inheritance. In the case of divorce, equality between the spouses was recognized.

In 1975, 83 per cent of seven- to twelve-year olds were in school, she said. That figure had risen above 90 per cent in recent years. However, the net rate of schooling for women remained slightly lower than for men. The Ministry of Education and Worship was in the process of expanding the school structure, and a programme of equal opportunity had been set up. A programme called the "glass of milk" had also been put in place to encourage children to attend school.

In 1995, 2,700 rural women received loans, she continued. The National Housing Council's statistics showed that 49 per cent of housing was given to women who were heads of families.

Answering a question on her feelings as a woman in a male-dominated government, she said the political resolve of the Government had to go hand in hand with the voice of women in eliminating discrimination against women. The policy of gender sensitization was not a confrontational policy, and development could not be achieved without the full participation of women. The issue of access to power was important for there were two paths to women's empowerment. One was the path of theoretical development, and the other was the path of access to power. Therefore, strategies for penetrating areas where power lay had to be developed.

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Experts' Response

An expert emphasized that the law remained the engine of change. It was all the more significant in countries where women were traditionally accorded a lower status than men. In the criminal area, the law in Paraguay did not provide enough protection to women. She hoped that, by the time the next report was presented, the draft law bringing about equality would have been adopted by the Senate.

The Minister responded that the efforts of all the women's organizations were directed towards the penal code and its modification. Some changes had been brought about in 1971, and it was hoped that the National Congress would respond positively this year to the adoption of the draft laws, most of which had already been approved by a commission.

Another expert said there was not enough information about trafficking in women and minors, particularly minors under the guise of adoption.

A member of the delegation of Paraguay said the practice of international adoption had been misrepresented. Although Paraguay had ratified the Convention on the Rights of the Child, it had yet to regularize adoption practices. Steps were being taken to control trafficking in children and the practice of international adoption.

A Committee expert said that she believed that international syndicates were operating in the field of adoption. She asked for more information on government plans to deal with the problem.

The Chairman, Ms. CORTI, of Italy, thanking the representative of Paraguay, said the concept of honour was also the basis of the Italian penal code, as far as violence against women was concerned, up until just a few months ago. Although efforts were under way in Paraguay with regard to education and family planning, she said more remained to be done. The response of Paraguay had satisfied all questions. The agrarian reform educational plan seemed to be very useful because it was a plan of professional and educational training for women in rural areas. Efforts to house women were important since the problem was a concern of fundamental human rights and one of the main issues of discrimination against women.

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