WOMEN'S POLITICAL PARTICIPATION, SITUATION OF WOMEN IN INFORMAL SECTOR AMONG ISSUES RAISED BY EXPERTS DISCUSSING ARGENTINA'S REPORTS

Press Release
WOM/996

WOMEN'S POLITICAL PARTICIPATION, SITUATION OF WOMEN IN INFORMAL SECTOR AMONG ISSUES RAISED BY EXPERTS DISCUSSING ARGENTINA'S REPORTS

Affirmative action measures adopted by the Government of Argentina to increase women's participation in the political sphere were welcomed by the Committee on the Elimination of Discrimination against Women this afternoon as it concluded consideration of that country's second and third periodic reports. Experts noted the passage of the equal opportunity plan for women which had led to an increase in women's political participation from 5.8 per cent to 28 per cent. They asked if there had been any progress in the implementation of the Quotas Law in the remaining six provinces of Argentina. Questions were also asked about whether there was any plan for affirmative action to improve the situation of women in the informal sector. Further, the granting of constitutional status to all human rights treaties was noted with appreciation. Commenting on other aspects on Argentina's reports, experts wanted to know if sterilization by women was still considered a felony under Argentine law. They noted that such a procedure was allowed only when a woman's life was in danger and then only with her husband's permission. However, that was contrary to the full enjoyment of women's reproductive rights. The 23-member Committee, which is the monitoring body for the Convention on the Elimination of Discrimination against Women, review reports of States parties submitted in accordance with article 18 of the Convention. That article requires States to submit reports within one year after accession, and thereafter at least every four years. Such reports are to focus on legislative, judicial and administrative measures adopted by States to give effect to the Convention's provisions. Also this afternoon, the President of the Argentine National Council on Women, Esther Schiavoni, and the Under-Secretary for Human Rights and Women's Affairs of Argentina, Zelmira Regazolli, continued their response to written questions submitted by experts. The Committee will meet again at 10 a.m. tomorrow, Wednesday, 23 July, to hear the third and fourth periodic reports of Bangladesh.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of the second and third reports of Argentina on its implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. (For background, see Press Release WOM/995 issued today.)

Further Responses by Argentina

ESTER SCHIAVONI, President of the National Council for Women of Argentina, responding to questions on women's literacy rate and school drop- outs, said an analysis of the situation in the various provinces and regions revealed greater dispersion in the rate of those who never attended school. The situation varied from one province to the other.

Asked whether legislation had been adopted to protect women during pregnancy and after childbirth and in the workplace, she said a special and integral social security system had been imposed to protect both helpless children and mothers during pregnancy and breast-feeding period. Additionally, the Law on Labour Contracts included the prohibition of female work during 45 days prior and after delivery. It also prohibited giving employment to women for the performance of painful, hazardous or unsanitary jobs.

As regards sexual harassment, she said the President of Argentina had, in 1993, enforced a decree by which the concept of sexual harassment was incorporated to the Basic Juridical Regime of Public Office Work. The action was also aimed at influencing action by the private sector. As part of the process of regional integration, Argentina had organized a meeting on "Towards equality in opportunities for women at work and production within the framework of MERCOSUR [Common Market of the Southern Cone], Chile and Bolivia" in October 1995. The meeting had agreed to present those governments with the Declaration of Buenos Aires, requesting formation of a coordination machinery to make proposals and to participate in MERCOSUR's institutional structure. The request was reiterated at a second meeting on "Women and MERCOSUR", held in Sao Paulo, Brazil, in April. A plenary meeting of women from both governmental and non-governmental organizations had agreed to issue a declaration to be delivered to the presidents of the MERCOSUR member countries, plus Chile and Bolivia, with emphasis laid on the need to form a commission to examine the proposals further.

She also told the Committee in response to further questions that a bill had been sent to the National Congress by the National Council for Women which would grant benefits to domestic servants, such as maternity holidays, retirement, accident insurance, social security and savings account.

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She said mothers were granted maternity leave as well for additional non-paid holidays after the regular 45-day period after delivery, and for care of sick children. Fathers enjoyed a two-day holiday when a child was born. Argentina had ratified the International Labour Organization (ILO) code 156 concerning family responsibilities, however, that had not been reflected in its legislation as yet. Replying to questions on HIV/AIDS, she said the National Council for Women was currently elaborating a project, with the agreement of the Ministry of Health, for a programme on women and AIDS. The Ministry was also implementing a similar programme at the national level. A television campaign was under way on AIDS, with the participation of important personalities. Recent data showed that 57 per cent of the AIDS cases occurred in the last three years. "The epidemic keeps growing", she said, and added that the number of the 1996 cases was higher than in the previous year. There was a change in the age of the patients, who were now older, both men and women. However, the distribution of the cases by sex had also changed as compared with previous years. The number of women infected had increased by 27 per cent, while that of men had increased by 18 per cent.

With regard to requirements for obtaining bank loans, mortgages and other forms of financial credit, she said there was no differences in access to those facilities. Strategies adopted to provide business management training included technical assistance provided by the Secretariat of Industry and Trade. Since 1989, the Secretariat of Agriculture had carried a project with the assistance of the United Nations Development Fund for Women (UNIFEM) to benefit women farmers in the country's north-west region.

Women had equal access to legal services, she continued. A law allowing women to keep their husband's last name in "special and duly justified" cases was still pending in the country's Senate, she said. Argentine women had the right to decide the number of children they wanted and their age spacing. Men and women were on equal footing as far as their rights within wedlock and its dissolution were concerned. The regime for the administration and disposal of estates had not been modified. The ownership of individual properties could be demonstrated at any time, and each party could manage them independently. There was no legal regulations concerning ownership in the case of common law marriage. The rights were not the same as those for legally married men and women. She said children under five years of age must remain under the custody of their mother, except in cases of dispute. The interest of the child was determined by a judicial decision.

With regard to programmes to implement the Beijing Platform for Action, she said that a national ad hoc commission had been set up and had organized nationwide workshops and seminars to determine priorities requiring immediate and effective actions to solve problems affecting women. The National Council for Women was in touch with the National Congress on legislation to create a national register of those in default of alimony payment.

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Comments by Experts

Experts appreciated the extensive response of Argentina. The provision of written replies yesterday had enabled Committee members to review them, they said. It had been stated that the Constitutional Reform of 1994 had included many provisions enshrining the equality of men and women. However, by including women in the group of more vulnerable citizens, along with children, older people and the disabled, an impression had been given that women were still being considered a minority which was somehow unequal before law. It would have been more understandable had it been said that the young, elderly and disabled of both the sexes were being given more protection.

Further, experts said they were very impressed with areas where progress had been achieved, particularly with the granting of constitutional status to all human rights treaties. The passage of the equal opportunity plan for women was noted as was the increase in women's political participation from 5.8 per cent to 28 per cent. Experts stressed that the Law of Quotas and the Supreme Court's ruling in that regard were praiseworthy. Further, they noted the elimination of the offence of adultery and welcomed the decisive steps to address violence against women. In addition, the need for more intensive gender sensitization for the judiciary was emphasized.

An expert noted that while she had been impressed with the statement that international treaties applied as the international law of the land, she wanted more explanation. Further, how had the Quotas Law been drafted and implemented? she asked.

Another expert said there was a global trend of privatization with its accompanying trend of cuts in social sector which affected women. Was Argentina also going through that and how was it affecting women?

Comments on Specific Articles

Commenting 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 said important progress had been achieved in the parliamentary area through the Quotas Law. She wanted to know if any of the commissions within the Parliament devoted itself to women's equality. Further, had the National Council for Women tried to raise gender awareness among women deputies and senators? Also, had there been any progress in the implementation of the Quotas Law in the six remaining provinces?

Speaking 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 noted that from the law

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on domestic violence as it applied to the city of Buenos Aires, it seemed that only civil sanctions were applied. It had been stated that arrest was based on the level of injuries of victims. In that context, was domestic violence a crime or a misdemeanour? Further, what was the punishment imposed for domestic violence? She also wanted to know if the National Council for Women had initiated campaigns to raise public awareness about violence against women. On article 6, which requires States parties to suppress all forms of traffic in women and exploitation of prostitution of women, an expert said the subject of prostitution had not been given adequate attention. The report indicated that a commission was being set up to undertake a comprehensive study on prostitution. What were the results of that study? she asked. Further, she noted an alarming trend in trafficking of Latin American women to Europe and North America. Speaking on article 7, which states that women shall share on equal terms with men in the political and public life of the country, an expert wanted to know why a few provinces in Argentina had not applied the Quotas Law.

On article 8, which states that women shall be given the opportunity to represent their governments at all international levels, an expert wanted to know how the Government was encouraging women to enter the foreign service. Was any gender-sensitization training offered to diplomats? Commenting on article 10, which calls for women to be granted equal rights with men in education, an expert wanted to know if there were incentives to encourage women students to go for non-traditional areas of study. How was the situation regarding the current placement opportunities for women students? Did they enjoy de facto equality? Further, what was the number of women professors in universities? On questions relating to article 11, relating to employment and discrimination against women in marriage, an expert asked to what extent the Argentine Government had carried out programmes to provide non-traditional jobs for women. What projects were there to provide support services, such as child-care facilities, to working women and what the National Council for Women proposed to do to guarantee implementation of the principle of equal pay for equal work? The same expert wanted to know how privatization had affected the situation of women. Were there legal programmes or measures to protect the rights of single mothers or female heads of families? More information was also sought on benefits for domestic servants, such as retirement. An expert commended Argentina's imposition of quotas for women's representation in elective political office. Were there affirmative action programmes to improve the situation of women in the informal sector and for better protection for their pay for work of equal value? The expert would like to know what opportunities were available to make women more employable and if vocational training programmes existed. Questions were also asked about segregation of the labour market. The expert suggested that the Government should address problems of women in the informal sector.

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Another expert drew attention to the issue of underrepresentation of women in top management positions in government and in the private sector and wondered whether it was due to the stereotyping of women. What measures would be taken to improve the situation, and also to shorten job-seeking period for young women to enable them participate as equals in national development?

An expert praised the National Council for Women for introducing measures, such as tax incentives, to enhance job opportunities for women. Referring to a bill to provide benefits for domestic servants, the expert asked how those benefits, which included retirement, would be funded.

Another expert called on the Argentine Government to provide gender- based statistical information, and details on the effects, if any, of measures undertaken by the Government to improve women's rights.

Argentine law considered sterilization a felony, and allowed it when woman's life was in danger and with the husband's permission, an expert commented and asked what attempts had been made to ensure women's full enjoyment of their reproductive rights. Another expert commended the legislative accomplishments of the Argentine Government in promoting equality of women. She noted that not much had been done for the benefit of women in rural areas. Did the Government have any policy to lighten the workload of women, and to provide them with some leisure? The expert also noted the lack of family planning services in the rural areas, and asked whether it was planned to establish educational programmes in family planning. She commented that there seemed to be a lack of policy on rural women, and urged the delegation to include information on their situation in the next report.

Response by Argentina

ZELMIRA REGAZOLLI, Under-Secretary for Human Rights and Women's Affairs, responding to some of the questions, said the delegation would provide statistical data in its next report, as well as an assessment of the impact of measures introduced by the Government. The Quota Law on political representation had been agreed to by the lower house of the National Congress, but other provincial legislatures, which had different systems, had not done so.

The Acting Chairperson, MIRIAM YOLANDA ESTRADA CASTILLO, expert from Ecuador, expressed deep pride as a Latin American, in the way the Government of Argentina was promoting the rights of women and implementing quotas to ensure their participation in elective office. The expert welcomed the heavy women's representation in the Constitutional Reform Commission of 1994. She, however, expressed concern, on the basis of information received from non- governmental organizations, about the difficulties women still faced, the feminization of poverty, the trafficking of women and prostitution, and their lack of reproductive rights. She said the Argentine Government should tackle those problems with the same enthusiasm it had shown in other areas.

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