PROGRESS MADE IN ADVANCEMENT OF MEXICAN WOMEN, BUT CHANGES NOT YET 'RADICAL', ANTI-DISCRIMINATION COMMITTEE TOLD

30 January 1998

Press Release
WOM/1020

PROGRESS MADE IN ADVANCEMENT OF MEXICAN WOMEN, BUT CHANGES NOT YET 'RADICAL', ANTI-DISCRIMINATION COMMITTEE TOLD

19980130 Committee Concludes Consideration of Mexico's Report; Executive Director of UN Population Fund Also Addresses Committee

Significant areas of progress had been achieved towards the advancement of women in Mexican society, but there was still a way to go before such changes could be called "radical", the General Coordinator of the National Programme for Women told the Committee on the Elimination of Discrimination against Women this afternoon.

Even in difficult times, the Mexican Government had endeavoured to maintain its expenditures in the areas of health, well-being and poverty relief, Dulce Maria Sauri said, as the Committee concluded its consideration of Mexico's second and third period reports on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

Several experts of the 23-member Committee, which monitors compliance with the Convention, congratulated the Mexican delegation for its progress both in legislation and in terms of the real situation faced by Mexican women. They also drew attention to the establishment of a national machinery for women, which had a potentially powerful impact. The experts agreed, however, that for the process of change to accelerate, individual State governments must also legislate gender-related issues.

Experts also expressed concern over reports that pregnancy tests were being used as a prerequisite for employment. Calling the practice "flagrant discrimination" against women, an expert said that "the economic progress of Mexico could not be bought at the expense of young and pregnant women". Attention should focus on the persistent discrimination against women in the factories, another expert said. Several other experts expressed concern about Mexico's inadequate response to acts of violence against women, stemming, in part, from its lack of national legislation.

At the conclusion of the Committee's consideration of Mexico's reports, the Acting Chairperson, Miriam Yolanda Estrada Castillo, of Ecuador, expressed appreciation for the "self-critical" way in which the Mexican delegation submitted its report and replied to individual questions. Their understanding

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that there would be no true democracy as long as there was no real participation by women was evidence of the growing women's movement in Mexico.

The Executive Director of the United Nations Population Fund, Dr. Nafis Sadik, also addressed the Committee. She said that the creation of laws did not change such practices as rape, female genital mutilation and discrimination against pregnant women in the workplace. Such behaviour changed when society deemed it unacceptable. Moreover, countries must reject social and cultural norms that valued women only as bearers of children.

The Committee will meet again at 10 a.m., Monday, 2 February, to begin consideration of the combined second and third periodic reports of Indonesia.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of the second and third periodic reports of Mexico on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women. Also this afternoon, the Executive Director of the United Nations Population Fund (UNFPA), Nafis Sadik, was scheduled to address the Committee.

Response from Mexico

Continuing a presentation begun at the morning session, DULCE MARIA SAURI, General Coordinator of the National Programme for Women, read from a prepared document detailing Mexico's responses to specific questions raised by the Committee on a pre-session working group (CEDAW/1998/CRP.1/Add.4).

She said that the Government had granted top priority to the situation in Chiapas. It had improved in the last few years, with women's life expectancy increasing and the mortality rate of children decreasing. To diminish the overall fertility rate among a population expected to reach nearly 4 million by the year 2000, contraceptive methods services had been increased.

The conflict in Chiapas was the result of deep inequalities and marginalization that had historically characterized the Indian communities of the region, she continued. For centuries, those communities were excluded from the cultural identity process and from Mexico's social and economic development. Isolation persisted and the land and its resources were exploited. The land tenancy problems deepened as the jungle had been reduced 60 per cent in the face of agriculture and stock breeding. The demographic pressure over land, the absence of cultural diversification, and the sanitary problems of stock breeding added to the low levels of productivity.

She said that the situation had been receiving the largest proportion of the decentralized federal budget during the last four years, due to the size and depth of social backwardness that plagued the Indian and peasant communities. Policies were aimed at creating conditions for overcoming poverty and reconciling the peace demanded by Chiapas inhabitants and Mexicans overall. The determination to expand development resources for development was one way to face the extraordinary level of backwardness. In that regard, investment spending to build and improve the infrastructure of Chiapas had significantly increased. Funds had been allocated to the construction of nearly 1,000 drinking water systems, and 412 sewer systems. Settlements had been electrified, and roads were being built and restored.

In addition, primary school registration had increased in the last three school years, she said. That required the construction of more than 7,000 new

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spaces for education and an enormous increase in the distribution of free text books, including books in Indian languages. To improve the nutrition of pupils and ensure their permanency in school, the distribution of school breakfasts was substantially increased. Concerning general nutrition, some 1,700 rural stores were kept in operation, which guaranteed provisions for some 2 million inhabitants.

Another major undertaking was the expansion of health care and the improvement in the operation of established services, she said. Progress in health care from 1995 to 1997 included the provision of basic health services to 600,000 people who had previously lacked such services and an increase in the number of children who were vaccinated. As a result, mortality in children under five years of age had decreased. One of the most complex structural problems of Chiapas was creating permanent jobs and increasing incomes. The enormous population growth required the creation of at least 30,000 permanent jobs each year.

On the topic of access of rural women to adequate medical service, she said that the country's main actions on health were focused on health promotion, preventive medicine and reproductive health. Measures to improve the health of women included: basic sanitation at the family level; tuberculosis prevention and control; immunization; supervision of child nutrition and growth; and birth control services.

She added that the Reproduction Health Programme implemented a strategy of information and communication to promote, spread and encourage the knowledge and usage of the different contraceptive available methods. The Programme also furnished educational orientation about sex-related health to 60 per cent of the teenagers residing in rural communities, and it satisfied 100 per cent of the demand for condoms. Among its 1996-2000 goals were: to reduce by 20 per cent maternal deaths from preventable causes; to analyse 50 per cent of maternal deaths to implement prevention strategies; and to give follow-up medical attention to 90 per cent of high-risk pregnant women through community volunteers, rural health personnel and rural midwives.

On the topic of education in rural areas, she said the National Institute of Adult Education taught 2.2 million women, 76 per cent of whom lived in rural areas. It was also developing a literacy programme, with special attention paid to women. The National Council for Education Promotion has developed compensatory programmes in rural areas that have an average population of 150 inhabitants, whether Indian or mestizo. Compensatory programmes had succeeded in improving the raising of child, building self-esteem and promoting health.

Other attempts were being made by Mexico to improve education, she said. One undertaking was the Satellite Educational Television Distribution Network, which made information and education accessible to all parts of the country,

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in particular to improve educational opportunities in rural areas.

She added that an important programme would start in March 1998 with the distribution of the National Women's Health Card. That document was intended to make perinatal care follow-up exams easier and to facilitate early detection of cervix-uterine cancer. On the topic of Mexican laws concerning concubinage, she said that labour and social security laws gave concubines the same or similar rights that married women had. Concubinage was established when a couple living together had children or when a couple had lived together for five or more years.

In conclusion, she said that, despite the progress in her country, she was aware that there were many shortcomings and the Government intended to keep working, to ensure equity and fairness in daily life.

General Comments

Several experts congratulated the Mexican delegation for presenting a report that described progress in legislation and in terms of the real situation faced by Mexican women. The report reflected the achievements and obstacles to Mexican women, said one expert. The high level of the delegation underscored the importance attached to the presentation to the Committee. A positive aspect of the preparation had been the dialogue which had taken place with many non-governmental organizations, civil organizations and political parties regarding implementation of the Convention. That exchange had opened the door to systematic and positive communication aimed at eliminating the manifestations of discrimination that still existed in Mexico.

One expert drew attention to the establishment of the National Programme for Women, from which so many programmes and policies had emanated since Mexico's last report to the Committee. A review of the adoption of new legislation allowed the Committee to discern the priorities given to each issue by the Government. On the one hand, Mexico endeavoured to fulfil its obligation under its Constitution and, through new legislation, implement the Convention. On the other hand, however, it also needed to modify aspects of that legislation. It was important to accelerate the process of analysis and change, to encourage the individual State governments to legislate issues regarding the protection of women.

The persistent discrimination against women in the factories, as evidenced by labour department inspections, was very important, an expert said. A number of sources had referred to the mistreatment and discrimination suffered by women in those plants. It was very important that the Government implement its own legislation in that regard, including punishing the offenders. It was also important to eliminate violence against indigenous women and prepare them to exercise their rights as well, including their reproductive rights. The integration of PRONAM and the indigenous women's

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organizations was encouraging.

The suffering of Mexican women from poverty was a significant area of concern for the Committee, another expert said. Mexico must adopt policies and programmes to fight both the symptoms and the causes of poverty. The work of the National Programme for Women in that regard was also welcome.

Now that the economy was growing at an enviable pace, it was important to distribute the growing wealth in a much more equitable way, particulary to the benefit of women in the most neglected areas, another expert said. She asked a number of questions concerning trafficking in women and exploitation of prostitution, and cautioned against discriminatory policies that required the victims of sexual offences, not the offenders, to submit to medical examinations. How were the women objects of trafficking and exploitation of prostitution being treated? she asked. Was adultery still included in Mexico's penal laws, as well as homosexuality, and was voluntary abortion still prohibited?

One expert said the report gave a picture of the evolution of the women's situation in Mexico. She questioned how many women were in leadership positions in regard to the implementation of the Convention. There were also concerns about the coordination of efforts to improve the status of women and whether there was a leadership problem in that area. While the improvement of the women was multisectoral, there should be one national mechanism to coordinate and provide a general vision for those efforts.

On rural women, she said there should be more information on how many women have gotten loans and credit and how many were at the head of businesses and enterprises. There should also be increased efforts to ensure the economic promotion of rural women, taking into account poverty problems.

Another expert said the report did not point to a single case where the Convention had been invoked directly for the benefit of women. There should also be actions taken for the benefit of the status of women in the family, because the home was where stereotypes and roles were established. Another topic of concern was the young age at which women were married in Mexico. There were still many women who married at 14 years of age and they ran the risk of early pregnancy.

She added that the Government should create legislation on violence against women and change attitudes regarding rape by judges and law- enforcement officers. The serious nature of those crimes should be stressed. While Mexico had gone through some difficult times economically, it continued to grow and develop, and that growth should benefit the most vulnerable groups in society, including women.

On the framework of laws to protect women's rights, an expert asked to

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what extent were such laws implemented. She also asked what kind of long-term framework had been set up for the advancement of women. While many of the programmes were of a five- or 10-year term, the long-range goals should be more ambitious, she said.

Another expert asked about women's access to justice in Mexico and wondered if women were given as many rights in practice as they were in the written laws. For example, although there were written laws giving women equal allocation of land after the death of a husband, did the woman really receive her fair share, or was there a preference for male relatives? Also, there should be adequate provisions for seeking redress from the courts to ensure equal treatment.

On rape and sexual violence, the expert said there had been reports of widespread problems regrading the reluctance of courts to prosecute men accused of rape. The police had been accused of raping women who were arrested. That was especially troubling, because the armed forces must be the first protectors of women when they were under such attacks. Efforts should be made to improve the position of women before the law and their access to the courts. There should also be a law for rape within a marriage. According to Mexican law, if a woman was guilty of the breakdown of the marriage, she was not allowed any property. That was troubling, because women needed property to live on, regardless of the reasons for the breakdown of the marriage.

Another expert addressed the health section of the report, saying that she would like to hear more on the results of the programmes that had been implemented. Mexico should also consider decriminalizing abortion, since the statute was not enforced and it only made abortion more dangerous for women. In different States, there were exceptions for the criminality of abortion and there were no legal procedures for women to establish their right to a legal abortion.

She added that, on consent to contraception, the Mexican Constitution recognized the right of a person to decide on the number and the timing of children. However there had been studies showing that there were only two methods of contraception offered by the Government -- IUD and sterilization. There had also been studies that showed women had been sterilized or fitted for an IUD without knowing it or giving their consent. The study found that one fourth of the women who had been sterilized were not informed of the procedure beforehand. A doctor should be required to inform the woman of the consequences of an operation, and a woman should know all her birth-control options before undergoing a procedure.

Another expert said that she appreciated the involvement with non- governmental organizations, as well as the many legal and policy reforms enacted towards the realization of gender equality. The national machinery

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had a potentially powerful impact on women, judging by the activities and programmes planned or already accomplished.

Several more experts expressed their concerns about Mexico's inadequate response to violence against women. Despite the many efforts to combat such violations, some aspects of the problem required further improvement. Was it possible to create national legislation, despite the difficulty owing to the federal system of Government? one expert asked. The harmonization of federal and State laws could be considered and perhaps minimum standards could be imposed at the State level. A better and more coordinated system was crucial. The training and education of law enforcement, as well as judicial personnel, was also essential, she said.

She added that the two celebrated Mexican rape cases -- resulting in the suicide of one victim and the imprisonment of an assault victim -- were shocking cases that reflected the very entrenched bias against women. A dramatic change in attitudes was required of the very people entrusted with protecting women. A key element in such a successful campaign against violence would be a massive campaign that educated Mexican women about their rights. With violence against women having long-term physical and mental health consequences, as well as repercussions in succeeding generations, an infrastructure of services must be in place to provide the victims with "somewhere to run".

While the non-governmental organizations had been doing a lot in that regard, the primary responsibility for responding to that very socially based gender violence was the Government, she said. Violence experienced by particularly vulnerable groups was of urgent concern to the Committee. Those groups included indigenous women in areas of conflict, women in prisons and women suspected of belonging to the political opposition. She expressed appreciation for the thorough analysis of the situation in Chiapas, but assistance must include strengthening women's access to the justice system. Accountability mattered. Were there measures to penalize the public authorities who committed such abuses? she asked.

Several experts expressed concern over the magnitude of reported cases of pregnancy testing as a prerequisite for employment. One expert said that such practice was "flagrant discrimination" and should be prosecuted. "The economic progress of Mexico could not be bought at the expense of young and pregnant women", she said. Another expert called for a systematic review of all the areas in which the de facto inequality of women still existed, in order to determine the direction of additional affirmative action measures.

Response of Mexico

Ms. SAURI, General Coordinator of the National Programme for Women, noted that even in difficult times, the Mexican Government had endeavoured to

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maintain its expenditures in the areas of health, well-being and poverty relief. The budgetary allocation in 1998 for social needs was 57 per cent. Overall, significant areas of progress had been achieved, but there was still a way to go before such changes could be called "radical" changes in the area of gender equality, she said.

Ms. Sauri addressed questions raised by the experts on a number of issues, including in the areas of adultery, labour law, contraception, abortion rights and land ownership.

Concerning violence against women, Mexico faced the great complexity of its federal system, she said. However, some States already had legislation for preventing and protecting such victims. Concerning sex education programmes, a specific programme focused on adolescent mothers, on the one hand, and sought to strengthen measures to prevent pregnancies, on the other. Sex education programmes were available in many schools and, for the first time, in 1997, some 70,000 young people in the military service were given sexual education and gender orientation.

The lack of information on the subject of handicapped persons was the result of a lack of precise information, she continued. A survey was recently undertaken in primary schools, and further efforts were being undertaken so that the census in the year 2000 would accurately reflect the dimensions of the problem.

She next addressed legislation regarding abortion. There were five exceptions that allowed abortion, which included rape, grave malformations, forced artificial insemination, and grave economic limitations owing to more than three children, she said. As a policy, it was not at all accepted that abortion be a method for family planning. To the contrary, abortion was considered to be a grave health problem. Although there had been an important reduction in maternal mortality due to abortion, a great deal of work remained, including a massive campaign regarding the rights of women.

Mexican legislation specifically prohibited the firing of pregnant women, as well as pregnancy tests prior to hiring women, she said. Men and women who sought employment did have periodic medical examinations in accordance with Mexican law, but those exams were regulated and pregnancy testing could not be considered a prerequisite for hiring. Furthermore, rather than discriminate against women when they did become pregnant, the law protected them. For example, pregnant women could not be subjected to heavy labour or be kept on their feet for long hours during the workday.

Statement by Acting Chairperson

MIRIAM YOLANDA ESTRADA CASTILLO, Acting Chairperson of the Committee and expert from Ecuador, expressed appreciation for the "self-critical" way in

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which the Mexican delegation submitted its report and replied to individual questions. The statement that there would be no true democracy as long as their was no real participation by women in all political bodies of the country demonstrated that the women's movement in Mexico had grown substantially and was being addressed by the Government.

She said that Mexico, the largest Spanish-speaking federated country, and a country rich in culture and ethnicity, was confronting very serious problems of a political and ethnic nature. Such conflicts put women and children at particular risk. She drew the Government's attention to the very difficult problem faced by indigenous and rural women. The reports that women in the factories were forced to submit to pregnancy tests were also disturbing. Violence against women by members of the police in areas of low-intensity conflict was equally troubling. Hopefully, the Government would intensify its protection of the victims and its punishment of the perpetrators, she said.

Statement by Executive Director of UNFPA

Dr. NAFIS SADIK, Executive Director of the United Nations Population Fund (UNFPA), said that women's health, including sexual and reproductive health, was finally acknowledged to be a human right. The international community's recognition of that right and the growing understanding of all it implied were among the most notable achievements in human rights since the adoption of the Universal Declaration of Human Rights.

She said that women's health depended not only on appropriate health care, but also on social conditions related to their status -- in the family, employment and political life. To guarantee women's health, therefore, countries must broadly address discrimination based on gender. They must reject social and cultural norms that value women only as bearers of children and ensure the exercise of informed choice in marriage and family formation. They must also work vigorously to eliminate gender-based violence, including sexual violence, rape and other harmful practices, such as female genital mutilation.

Health-related discrimination against girls and women included prenatal sex selection, female infanticide and preference for sons with respect to nutrition and medical care, she continued. Maternal mortality and morbidity due to preventable causes constituted a violation of women's right to life. Also, unequal power relations prevent girls and young women from refusing sex.

Many countries had begun to broaden their approach to reproductive health care and to address the needs of adolescents for reproductive health information and services, she said. South Africa in its new Constitution, for example, explicitly prohibited discrimination on the grounds of gender, pregnancy, marital status or sexual orientation and recognized the right to make reproductive decisions. Sri Lanka now had a Women's Charter, which acknowledged women's right to control their reproductive lives.

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The UNFPA was making a concerted effort to put all its programmes into a human rights framework, she said. It was in the process of adopting such an approach in training its own staff, along with government and non-governmental organization counterparts, about reproductive rights and advocacy for implementation of human rights instruments.

She said the progress that countries were now making could be supported immensely by integrating the understandings reached at Vienna, Cairo and Beijing into the human rights treaty-monitoring process. The Convention on the Elimination of All Forms of Discrimination against Women, in particular, was an indispensable instrument for holding governments legally accountable for neglecting or violating women's right to health. The Fund strongly supported the proposal that the Committee on the Elimination of Discrimination against Women make a general recommendation elaborating article 12 of the Convention, to spell out countries' obligations with regard to women's health, including their sexual and reproductive health.

In 1998, the world was celebrating the fiftieth anniversary of the Universal Declaration of Human Rights, she said. To mark that anniversary, nothing would be more fitting than to strengthen the role of the United Nations system and the human rights treaty bodies in enabling women to realize their human rights, including the rights to reproductive and sexual health.

On the current work of the UNFPA, she said behaviour did not change because countries created laws, it changed when it became unacceptable and it was condemned by peers and society. There was a need to get people to start to speak out and condemn such practices as rape, female genital mutilation and discrimination against pregnant women in the workplace. When people, and especially world leaders, began to discuss those issues, real improvements would be made.

She said discussions should be held on how to get those issues addressed in a proper way, especially the issue of adolescent health. Young people were sexually active and that could often lead to ruining their future and destroying their health. Many people in positions of authority did not admit that the problem existed. The UNFPA was currently organizing conferences and making other attempts to make the world aware of adolescent health concerns. They needed more and better information from their parents and more access to services. While there had been considerable progress on the issue of women's health in general, progress had been very slow on adolescent health.

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