COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ARMENIA'S REPORT

14 July 1997

Press Release
WOM/984

COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ARMENIA'S REPORT

19970714 Undertaking of Economic, Political, Legal Reforms Stressed by Delegation; Experts Emphasize Importance of Setting up Machinery for Advancement of Women

Armenia was undertaking fundamental economic and political reform and the mainstreaming of gender perspective into national development policy, the Committee on the Elimination of Discrimination against Women was told this morning.

That country's representative said Armenia's economy had been strained by the changes that followed the disintegration of the Soviet Union in 1991 and the difficult transition to market economy. The transition had been made more painful by the blockade of Armenia's main transportation routes, a severe energy crisis, and the damage inflicted by the 1988 devastating earthquake.

He told the 23-member Committee that Armenia had ratified the Convention on the Elimination of All Forms of Discrimination against Women without reservations in 1993 and had acceded to a number of human rights instruments. Currently, it was carrying out legal reforms to adjust legislation to the requirements of those treaties.

Commenting on Armenia's report, experts stressed the importance of setting up a national machinery for the advancement of women and the girl child. They noted the significant reversal in women's position since independence in 1991. Stating that Armenia was a highly educated society with high literacy rates for women, they expressed surprise that men outnumbered women in high positions.

Questions were also asked about any efforts to change the traditional role of women in society. It was noted that the law prohibiting women from working at night time was discriminatory, specially at the time of high unemployment. In the period of reforms, the Government was losing a historical opportunity to recognize fully the rights of a majority of its population, the experts said. They emphasized that Armenia's legislation and policy placed more accent on women as mothers rather than on equality of women.

Women's Anti-Discrimination Committee - 1a - Press Release WOM/984 344th Meeting (AM) 14 July 1997

Seeking information on violence against women, the experts noted that a sharp reduction in living standards and rise in unemployment often accelerated family violence. Armenia was in the middle of those circumstances, therefore it was unfortunate that the report had not touched on domestic violence. Were there shelters for women and children? Were there programmes to train law enforcement agencies on how to tackle violence against women? they asked.

Also this morning, the Committee heard from a Legal Counsel in the Foreign Ministry of Armenia who formally introduced the country's report. He said that international organizations could play a key role in the protection and advancement of the rights of women in his country.

The Committee will meet again at 3 p.m. today to continue consideration of the initial report of Armenia.

Committee Work Programme

The monitoring body of the Convention on the Elimination of All Forms of Discrimination against Women met this morning to take up the initial periodic report of Armenia (document CEDAW/C/ARM/1 and Corr.1) on its implementation of the treaty, which entered into force there on 9 June 1993.

States parties to the Convention are obliged to submit periodic reports on legislative, judicial, administrative or other measures they have adopted to comply with its provisions. The 23-member expert Committee on the Elimination of Discrimination against Women reviews the reports and formulates general recommendations to States parties.

The Armenian Government states it has presented a short initial report for a number of reasons, including its continuing efforts to end the conflict between Nagorny Karabakh and Azerbaijan. Another reason was its preoccupation with the alleviation of the hardships caused by the blockade of goods, services and energy imposed by Azerbaijan and Turkey. The report observes that Armenian women fought next to the men for survival during the Nagorny Karabakh movement in 1988, and in the harshest economic and social conditions which followed the regaining of independence in 1991. Today, society accorded them more respect and attention, "though women, especially mothers, have always enjoyed the highest respect and devotion".

A new Constitution adopted in 1995 guarantees the equality of men and women, the report states. No special institution is responsible for the protection of women's rights. A draft programme on cooperation with the United Nations Centre for Human Rights, prepared by the Ministry of Foreign Affairs, calls, among other measures, for assistance in organizing seminars on human rights and the establishment of a human rights centre in Armenia.

International conventions ratified by Armenia are in force and are considered superior to national laws, the report states. Those contradicting the Armenian Constitution may only be ratified after the necessary amendments to the Constitution. The Criminal Code of Armenia provides for punishment for the following actions, which are considered discriminatory: forcing a woman to have sexual relations; forbidding a woman to get married; forcing a woman to perform an abortion, and refusal of work to a woman on the basis of her pregnancy. Men and women enjoy the same rights at work, in both public and private enterprises and are entitled to equal pay for equal work.

The Government has taken measures to devote special attention and render social assistance to single mothers, large families and the elderly in response to its obligations under the Convention, says the report. A 1991 resolution by the Armenian Parliament "on urgent measures for the protection of women, maternity and childhood, and the strengthening of the family" is

Women's Anti-Discrimination Committee - 4 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

meant to address those objectives. A national programme of action has been set up to, among other things, disseminate laws on the protection of women's rights and establish information and legal counselling services.

Bride purchase, repudiation of wives and female circumcision are not practiced and have historically not been a problem for Armenian society, it goes on. Polygamy is prohibited by law. A dowry system exists informally in some rural areas and some social groups, but it is not compulsory even for those strata.

With regard to the Convention's provisions on gender equality in political and public life, the report indicates that women enjoy both the right to vote and to be elected to all public positions. However, in reality, although their number in government, Parliament and other administrative bodies is quite high, there are fewer women than men in high-level positions. There are currently 12 women parliamentarians in Armenia's National Assembly.

The report observes that those parliamentarians, unlike their erstwhile Soviet counterparts, "are really engaged in the legislative process and are not only formally registered as such for the sake of making the statistics look more 'democratic', as used to be the case" in the past. There are more than 30 women's organizations in Armenia which promote the political, social and cultural rights of women.

Traffick in women and prostitution are prohibited, according to the report, which adds that under the Criminal Code, the penalty for prostitution is a warning and a fine. Running a brothel is punishable by up to five years' imprisonment and the confiscation of property.

The report observes that the increase in prostitution may be attributed to the deterioration of the economic situation in Armenia. However, owing to the traditionally negative attitude towards the practice and its public condemnation by society, prostitution has not been a problem, the report states, adding that there is no sex tourism in the country.

Women outnumber men in institutions of higher education and have the same opportunities as men in choosing careers, the report goes on. There are no quotas for women in the areas of school enrolment or scholarship allocation. In recent years, there has been a significant increase in women students in the field of radio-electronics, computer science, chemistry, as well as the new fields of management, banking, marketing, international relations and international law. Women occupy an important place in the cultural life of Armenia, and there are world renowned women artists, singers, poets, writers and actresses.

Women's Anti-Discrimination Committee - 5 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

The report states that lack of family planning services is a serious problem and that pregnancy termination as a means of birth control is a common practice in Armenia. A programme to combat HIV/AIDS has been instituted. In 1996, 13.5 per cent of the Government budget was allocated to health care, reflecting the emphasis placed upon that sector, the report observes. Abortions are not prohibited, but are permitted only until the fourteenth week of pregnancy. Physicians performing illegal abortions are sentenced to two years of forced labour, fined and may be deprived of the right to practice for up to three years.

The report states that there are 19,283 single mothers in Armenia, and about 40 per cent of them live in the city of Yerevan. The number of children in these families is 21,996. A national programme for the social and economic integration of refugees is being implemented by the Government. The number of unemployed women was estimated in 1994 at 69,615. Women constituted 63.9 per cent of the unemployed urban population. The unemployment rate in the rural areas was significantly lower.

Women enjoy equal real estate ownership and other property rights, the report states. Seventy-four of 336 persons licensed to practice law in 1996 were women. There were 25 women judges out of 94 in 1996. Spouses have equal rights in entering into a marriage, during the marriage and at its dissolution. However, during divorce, the interests of the children, if there are any, are considered paramount.

Introduction of Report

MOVSES ABELIAN (Armenia) said that the implementation of fundamental economic and political reforms had followed the declaration of independence by Armenia in 1991. Like other former Soviet republics, its economy had been strained by the changes that followed the disintegration of the Soviet Union and the difficult transition to market economy. The situation in Armenia had had peculiarities, making the transition even more painful. They were attributable to the over-reliance on trade with the other former Soviet republics, the blockade of its main transportation routes, a severe energy crisis, and the damage inflicted by the devastating earthquake of 1988.

Those problems had resulted in making Armenia greatly dependent on foreign humanitarian aid during the first years of its independence, he said. It was not until the last two years that the Government had appeared to be in a position to start implementing a policy of social and economic development. The change had enabled the country to more closely focus on long-term social issues rather than satisfying every day needs. Armenia had already undertaken

Women's Anti-Discrimination Committee - 6 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

large-scale reform to respond to the challenges of the transition and to protect the most vulnerable of the population. One of the main directions of that process was the mainstreaming of gender perspective into national development policy.

He said the 1995 Beijing Fourth World Conference on Women had marked a turning point for women's rights in Armenia. It had acceded to a number of human rights instruments and was currently carrying out legal reforms to adjust legislation to the requirements of those treaties. The adoption of a new Constitution in 1995 was a most important step in that direction. The elaboration of Armenia's initial report had been an important exercise enabling it to evaluate what had been done and what had to be done.

SHAHEN AVAKIAN, Legal Counsel of the Foreign Ministry of Armenia, formally introducing the report, said there were more than 4 million Armenians in the diaspora. Four per cent of the 3.7 million population was made up of minorities.

Women's rights were considered part and parcel of human rights, he said. The country's Constitution had no specific provision for women's rights. Armenian citizens without distinction enjoyed full rights and obligations defined by the Constitution. They were equal before the law and were protected by it without distinction. Constitutional rights of women were in no way inferior to those of men. Spouses had equal property rights, and children born in wedlock had the option to choose the name of either parent. Parents had equal rights and obligations to their children. A number of special measures had been taken to enable women to combine motherhood and work, taking account of their health. He said women were entitled to paid and maternity leave. The Criminal Code provided punishment for a range of offences against women, including rape, forcing women to have sexual contact and forcing a woman to marry or forbidding a woman to get married.

He said women could confer their nationality on their children and could obtain a passport and travel without prior approval from their husbands. Single women were granted benefits by the State, which also provided monthly stipends for unemployed mothers. Armenia's judicial system was currently undergoing reform.

International conventions ratified by Armenia were regarded as part of domestic law and took precedence over it, he said. International conventions which contradicted Armenia's Constitution could only be ratified after the necessary changes had duly been made to the Constitution. Armenia had ratified the Convention on the Elimination of All Forms of Discrimination against Women without reservations, and had also entered into a number of bilateral treaties with countries. There was no discrimination in pay for

Women's Anti-Discrimination Committee - 7 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

equal work done by women. The number of unemployed women had risen in recent years due to the economic crisis arising from the economic blockade against the country.

With regard to women in political and public life, he said one of the first decisions adopted after independence in 1991 was to give them the right to vote. Not many women hold governmental positions although they were active in the social and economic arena. There were currently 12 women parliamentarians in the National Assembly compared with 178 men. Among women's organizations, the non-political organization "Shamiram" won eight seats in the parliamentary elections of 1995 and became the second largest faction in parliament. One of the nine judges in the constitutional court was a woman. Of the staff of the Public Prosecutor's Office, 42 per cent were women compared with 58 per cent men. There were 30 women's organizations in the country, he said, adding that the Armenia Women's Council had organized a women's leadership body to prepare women for leadership roles in society. Another non-governmental organization was helping single mothers. Women's rights were also advanced by a number of publications.

On education, he said it was free for all. Women outnumbered men in institutions of higher education and women had the same opportunity in choosing careers. Fifty per cent of scientists were women and they also figured well in research bodies. In 1994, a higher number of women graduated from engineering schools. Recent graduates had difficulties getting jobs.

Every citizen was entitled to health coverage under the Constitution, he went on. Women enjoyed special privileges in the health sector. The majority of physicians were women, and 90 per cent of medical students were women. He observed that attention had only recently been paid to women's reproductive health. Abortion was legal in Armenia, and contraceptives were easily available. Privatization of part of the health-care system would help minimize difficulties the Government faced with health-care costs.

He also drew attention to the large number of refugees in the country who faced severe difficulties. He said the most vulnerable were receiving assistance from the United Nations High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC) among others. The Government was trying to integrate refugees into the economy and society. The Ministry of Health in cooperation with the United Nations Children's Fund (UNICEF) and the World Health Organization (WHO) was working to improve the health-care needs of women in the rural areas.

Noting that the Government had taken a number of initiatives to protect the rights of women, he said there was no special body for that purpose. A

Women's Anti-Discrimination Committee - 8 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

serious problem facing women was the lack of family planning services. The Ministry of Health was now working to establish those services and had instituted a new project to improve prenatal services.

He said international organizations could play a key role in the protection and advancement of the rights of women in his country. The international assistance could come in the organization of seminars on women's issues among other types of aid. The accession of Armenia to the Council of Europe was a positive example, as was the opportunity to bring cases before the European Court of Human Rights, which could help advance the rights of women.

Comments by Experts

An expert said the overall situation of Armenian women seemed to have declined over the years, specially in the Parliament. While the literacy rate for women was very high, they did not seem to occupy high positions and their overall earning capacity seemed to have declined since independence. She noted that in the report there was an overall emphasis on women as mothers and care-givers. Further, there seemed to be a concern about protecting their traditional role in the family. It seemed that very little effort had been made to encourage women to break out of the mould.

The expert said that according to page 7 of original text of the report, the Supreme Court of Armenia approved all rules before they came into effect. In that context, how could the judiciary interpret laws that it had itself approved? she asked.

Another expert expressed alarm at the conditions that the Armenian women had to put up with. Over 90 per cent of the population lived under the international poverty line. The earthquake which had rocked the country in the recent past and the ongoing conflict in parts of the country, seemed partly responsible for that. Further, women were affected by the refugee problem and a lack of employment. In that context, she expressed concern that there was no specific machinery designed for women's advancement. She also noted that deep-rooted stereotyping was evident in the entire report.

On article 2, under which States parties agree to combat discrimination against women in various ways, including the adoption of laws prohibiting all such discrimination, and ensuring that public authorities and institutions refrain from any discriminatory act or practice, an expert wanted to know if the Convention had been translated into Armenian. Were the ideas of the Convention publicly known in the country? Further, was the subject of discrimination a part of the public debate in Armenia? In that connection, had the Government embarked on a specific review of laws with regard to the Convention? Also, what was being done in the area of mainstreaming?

Women's Anti-Discrimination Committee - 9 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

The importance of setting up a national machinery for the advancement of women and the girl child was stressed by several experts. They also noted the significant reversal in women's position since independence. Noting that Armenia was a highly educated society with high literacy rates for women, experts expressed surprise that men outnumbered women in high positions.

An expert noted that the representative had referred to the possibility that children in Armenia could take the name of the mother or the father. She asked for additional information on the subject. Also, could the women in Armenia invoke the Convention before the courts. Further, what were the specific plans for legislative norms to ensure the protection of women from discrimination as well as laws on domestic violence and sexual harassment. It was stressed that as Armenia was in the process of reviving its legal system, it should incorporate the principles of the Convention.

Questions were also asked about any efforts to change the traditional role of women in society. Further, did the courts have the power to strike down legislation or practices which did not comply with international standards? It was noted that the law prohibiting women from working at night time was discriminatory, specially at the time of high unemployment. Queries were also made about women's access to the courts.

Experts expressed astonishment that women who had contributed to the progress and independence of their country were not self-empowered to improve their situation in society. In the period of reforms, the Government was losing a historical opportunity to recognize fully the rights of a majority of its population. They emphasized that Armenia's legislation and policy placed more accent on women as mothers rather than on equality of women. Therefore, in the absence of political will it was wrong to say that women were victims of tradition. It was stressed that much more political will was required.

Speaking on article 4, which states that temporary measures taken to accelerate women's equality, as well as maternity protection measures, shall not be considered discriminatory, an expert wanted to know about such measures in Armenia. She emphasized the need to set up a special time-frame and target for those measures.

Noting that women constituted a majority in institutes of higher learning but were the majority of unemployed, an expert said the emphasis on motherhood and the patriarchal, stereotypical role of women was a matter of concern. Were there any measures to combat stereotypical roles of women in society? she asked.

Women's Anti-Discrimination Committee - 10 - Press Release WOM/984 344th Meeting (AM) 14 July 1997

Experts also sought information on violence against women, particularly, domestic violence. Had efforts been made to sensitize personnel in that regard? Also, they asked for information on status of women detainees and hostages.

On article 5, under 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, an expert said that in the report itself women who worked had been referred to as mothers who worked. Stressing the importance of affirmative action for women, experts said there had been a loss of political representation for women. In that context, it was not enough to make laws. Media as well as the education system should be used to change stereotypes. The lowering of the age of marriage for women was noted and concern was expressed about the crimes of forcing or forbidding women to marry. In addition, it was noted that in periods of armed conflicts women were often sexually violated. Did the Government have information on that?

Experts also wanted to know if there was a law prohibiting violence against women. They noted that a sharp reduction in living standards and rise in unemployment often accelerated family violence. Armenia was in the middle of those circumstance, therefore it was unfortunate that the report had not touched on domestic violence. Were there shelters for women and children? Were there programmes to train law enforcement agencies on how to tackle violence against women?

* *** *