COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONCLUDES NINETEENTH SESSION AT HEADQUARTERS, 22 JUNE - 10 JULY

10 July 1998

Press Release
WOM/1073

COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONCLUDES NINETEENTH SESSION AT HEADQUARTERS, 22 JUNE - 10 JULY

19980710 Adopts Recommendations on Reports of New Zealand, Nigeria, Panama, Peru, Republic of Korea, Slovakia, South Africa, United Republic of Tanzania

States parties to the Convention on the Elimination of All Forms of Discrimination against Women were urged this afternoon to re-examine self- imposed limitations to full compliance with the Convention.

The Committee on the Elimination of Discrimination against Women, closing its nineteenth session with the adoption of the reports of its working groups, said that removing States' reservations to the Convention would be an appropriate way to mark the fiftieth anniversary of the Universal Declaration of Human Rights. Noting that nearly one third of the 161 States party to the Convention had entered reservations to one or more of its articles, the Committee said that those reservations prevented the Committee from assessing a State's progress in implementing the Convention, limited the Convention's mandate and potentially affected the entire human rights regime.

Also this afternoon, the 23-member expert body adopted recommendations for advancing the status of women in New Zealand, Nigeria, Panama, Peru, Republic of Korea, Slovakia, South Africa and United Republic of Tanzania, as part of its report on its work during the three-week session, which began on 22 June.

Those recommendations were made after examining reports and hearing presentations by the eight States on measures to implement the women's human rights treaty. States parties to the Convention must submit periodic reports on their efforts to comply with the treaty's provisions.

Addressing the Committee this afternoon, the Secretary-General's Special Adviser on Gender Issues and Advancement of Women, Angela King, said she had been struck by the similarity of problems faced by the eight countries which had reported during the three-week session. Common concerns included the risk of violence and exploitation in context of prostitution; the persistence of patriarchal values, which denied equality to women; and economic disparities

between men and women -- including different opportunities in the labour market.

Also this afternoon, the Committee adopted a draft statement on the indivisibility and centrality of gender awareness to the enjoyment of human rights. The text is to be issued jointly with the Human Rights Committee and the Committee on Economic, Social and Cultural Rights, as another contribution to the fiftieth anniversary of the Universal Declaration. The draft statement will now be submitted to those groups for consideration.

It decided to continue working on a draft general recommendation on article 12, on health, with the aim of adopting it at its twentieth session. In other action, it adopted the provisional agenda for its twentieth session, to be held in the early part of 1999. The Committee will consider reports from Algeria, Chile, China -- including Hong Kong -- Colombia, Jordan, Greece, Liechtenstein, Thailand and the United Kingdom.

The Committee also adopted the report of the Chairperson on activities undertaken between the eighteenth and nineteenth sessions, and the composition of the pre-sessional working groups for its twentieth and twenty-first sessions.

In closing remarks, the Committee's Chairperson, Salma Khan of Bangladesh, thanked the experts. She said it had been a difficult but rewarding session.

Committee Action on Working Group I Report

Acting on the recommendations of its Working Group I -- on the work of the Committee -- members made a provisional decision to consider reports of 11 States parties at its twentieth session. The provisional list of country reports to be considered includes: the initial reports of Algeria, Jordan and Liechtenstein; the second periodic reports of Chile, Greece and Thailand; the third periodic reports of Austria, China (including Hong Kong) and the United Kingdom; and the fourth periodic report of Colombia.

Further, the Committee decided provisionally to hear seven reports of States parties at its twenty-first session, including the initial reports of the Democratic Republic of the Congo, Belize and Georgia; the second periodic report of Ireland; and the third report of Egypt, Germany and Spain.

In addition, it was decided that the working group for the twenty-first session would meet as a third working group during the twentieth session. It also decided that Committee members would not participate in consideration of reports of countries of which they are nationals.

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Committee Action on Working Group II Report

The Committee also acted on recommendations of its Working Group II, which advises it on the implementation of article 21 of the Convention. Article 21 requires that the Committee report annually to the General Assembly on its activities and make recommendations based on the reports of States parties.

In adopting the report of Working Group II, the Committee adopted a statement concerning the adverse impact that reservations to the Convention had on the achievement by women of full equality with men. Of the 161 States that had ratified the Convention to date, 54 had entered reservations to one or more articles. The Committee expressed grave concern about the number and extent of those reservations, and in particular reservations to article 2 (on legal and administrative measures to eliminate discrimination), and article 16 (on eliminating discrimination in marriage and the family).

A number of States purported to justify reservations on the grounds that national law, tradition, religion or culture was not congruent with the Convention principles, the Committee noted. However, traditional, religious and cultural practices, or incompatible domestic laws and polices, did not justify violations of the Convention. Reservations to article 16, whether lodged for national, traditional, religious or cultural reasons, were incompatible with the Convention and, therefore, impermissible, and should be reviewed and modified, or withdrawn.

Any statement seeking to modify the legal effect of a State party in respect of the Convention, including interpretive declarations, constituted reservations, the Committee concluded. Article 28 (2) of the Convention adopted the impermissibility principle contained in the Vienna Convention of the Law of Treaties, by which a reservation incompatible with the purpose of the Convention shall not be permitted. Entering reservations was not prohibited, but other States parties could challenge those which contravened the Convention's principles.

Further, the Committee voiced its view that by entering a reservation, the State indicated its unwillingness to comply with an accepted human rights norm and ensured that women's inequality with men would be entrenched at the national level, guaranteeing that they would have less access than men to the full range of civil, political, economic, social and cultural rights. That in turn meant that women must compete on an unequal footing for basic rights in both private and public life, such as equality of income, access to education, housing and health care, and equality within the family.

The Committee stated that States which removed reservations would be contributing greatly to formal and substantive compliance with the

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Convention -- a laudable and appropriate contribution to the commemoration of 50 years of compliance with the Universal Declaration of Human Rights, as well as implementation of the 1993 Vienna Declaration and Programme of Action.

Committee Recommendations on Country Reports

The Committee recommendations on the States parties' reports were adopted as orally amended by the experts during this closing meeting.

Regarding the initial report of Slovakia, the Committee was pleased to note that international treaties, including the Convention on the Elimination of All Forms of Discrimination against Women, had been promulgated in its Parliament, and took precedence over domestic legislation. Further, it expresses satisfaction over the general high standard of women's health and education in that country. Since Slovakia was moving from a centrally controlled economy to a democracy and social market-oriented economy, the Committee observed that without gender-sensitive policies, such changes could impact negatively on women's enjoyment of their rights and impede implementation of the Convention.

The Committee expressed concern about the country's legislative and cultural overemphasis on motherhood and family roles for women. The stereotyped view of women as mothers reflected misunderstanding of concepts such as gender roles, indirect discrimination and de facto inequality. Definitions of "affirmative action" and "temporary special measures" had been misunderstood to be protective measures, and the Committee urged the Government to reconsider its position on those measures. In particular, temporary measures were needed to redress the highly segregated labour market. Slovakia's coordinating committee for the problems of Women, as well as women's non-governmental organizations (NGOs), should receive adequate funds to implement the national plan of action, submitted in compliance with the Beijing Platform for Action resulting from the 1995 World Conference on Women.

The Committee was alarmed at the high rates of domestic violence against women reported and recommended the enactment of legislation to convict perpetrators independent of victim testimony. Also, the Government should establish victim support centres and increase efforts to raise public awareness. It also recommended that the situation be brought to the attention of the Special Rapporteur on Violence against Women.

Another concern was the dearth of information on trafficking in women. Since trafficking was closely related to economic and political transition, the Committee requested Slovakia to pay particular attention to safeguarding women's human rights and to eradicating trafficking in Slovakia. Further, it encouraged continued cooperation with border States and urged the Government to adopt similar regional initiatives.

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Concerned about the establishment of "household management schools" which trained female students for traditional roles, the Committee stressed the importance of encouraging boys and girls to pursue non-traditional fields of study. The Committee was concerned about Slovakia's lack of response to questions on why women had to choose between work and raising a family. It recommended that the Government provide options to women who had children and chose to work, including sufficient access to day-care facilities.

The high abortion rate was a cause of deep concern to the Committee, which felt that abortion was being used as a form of family planning. It strongly recommended an increase in family planning education and expanded access to inexpensive contraception. Concerned by the lack of information on minority women, the Committee recommended that the Government collect information on the social, economic and political status of minority women in order to develop specific policies responding to their needs. It urged the Government to address the high rate of unemployment among Roma women.

On South Africa's initial report, the Committee stressed that adequate resources should be allocated to the national machinery for women to entrench equality during the country's formative stages. It commended efforts to achieve gender equality and redress the lingering effects of apartheid on women, such as high levels of unemployment, illiteracy and poverty. The South African Government should put in place legislation ensuring de jure and de facto equality. Further, it should adopt a legislative definition of gender discrimination that could be easily applied by the courts.

The South African Constitution accommodated religious and customary laws, which at times resulted in the perpetuation of practices that were discriminatory to women and hampered implementation of the Convention on the Elimination of All Forms of Discrimination against Women. A uniform family code should be prepared in conformity with the Convention, addressing inheritance, land rights and polygamy. Also, further research was needed on the prevalence of female genital mutilation and other harmful practices, such as witch burning.

The Committee expressed grave concern about the high rate of violence against women and called for steps to deal with the stereotypical attitudes that often lay at the root of the problem, as well as further research on the causes. The already strong collaboration between Government, civil society and NGOs should be further enhanced. In view of the high incidents of rape, the Committee recommended that the seriousness of the crime be established in law and punished accordingly. Also, the legal situation and the reality of trafficking in women should be addressed.

The Committee encouraged the Government to use quotas in the upcoming elections and consider extending these to other bodies, particularly those

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dealing with business and economic matters. Special temporary measures should be used to remedy the low number of women in the judiciary. Vulnerable groups of women, especially rural women, required specific measures, including affirmative action, to overcome constraints such as poverty, high unemployment and high fertility rates. The Government should focus on creating jobs for women as a matter of priority and continue striving to ensure equal access to health services throughout the country, including family planning services.

In its concluding comments on Panama's combined second and third reports, the Committee noted that the Government had established 13 offices to ensure the implementation of the Convention. Further, it drew attention to the Government's active support and collaboration with NGOs. It welcomed the establishment of a women in development action plan, endorsed by the Government, and the signing of the "Promotion of Equal Opportunities in Panama" agreement with the European Union, to mainstream gender perspectives in all public policies. It also welcomed the fact that the Convention had been incorporated into Panama's national law. Other positive steps were the establishment of family courts, government efforts to sensitize media on sexism, and the high rates of education for Panamanian women.

Of the factors impeding implementation of the Convention, the Committee drew attention to the difficult and special political, economic, social and legal situation in Panama related, in part, to the building of the Panama Canal and the establishment of the free-trade zone. It expressed concern that the Convention had not been disseminated, and recommended a major campaign to educate the public on its principles and provide training, particularly to women, legal, media and education professionals. It noted with concern the lack of data in areas of special interest, such as maternal mortality.

The Committee recommended the initiation by the national machinery of a campaign to guarantee that equality of treatment was exercised in the workplace. The Government and civil society should cooperate to review discriminatory legislation and compel employers to recognize women's rights in the workplace. Regarding education, the Committee recommended that, as a matter of urgency, Panama should mount an aggressive educational campaign involving all sectors of society, to create a major project for changing attitudes towards gender roles and eradicating gender stereotypes.

It also recommended training for women political leaders and the large- scale participation of women in democratic activities and decision-making. Further, it recommended that serious efforts be made to remedy legal shortcomings and multidisciplinary measures to provide special care to victims of sexual violence.

In its comments on the combined second and third periodic reports of the United Republic of Tanzania, the Committee commended the elevation of national

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machinery for women's rights from a department to a full-fledged ministry. It also welcomed enactment of a law criminalizing genital mutilation and noted efforts to revise national laws in accordance with the Convention. It also welcome the involvement of NGOs in advancing the status of women in the United Republic of Tanzania.

The Committee cited the current economic situation and the burden posed by servicing foreign debt, along with the large numbers of refugees resident in the country, as the primary factors affecting implementation of the Convention. However, it was also concerned that the nation's Constitution did not explicitly define gender discrimination. It also expressed concern that prevailing customary and religious laws which were discriminatory towards women superseded the Constitution. The Committee recommended that "sex" be incorporated as a ground of discrimination in the Constitution.

In addition, the Committee noted that while legislation was in place to ensure equality between men and women, women's rights continued to be violated. As an example, the Committee noted the small number of women in policy-making positions. Other concerns included the attitude regarding violence against women, especially domestic violence, which was condoned by customary law; and the disadvantaged situation of rural women who comprised the majority of the population, including with regard to inheritance, property rights and food taboos.

The Committee recommended education, awareness-raising campaigns, training courses to sensitize policy makers, judiciary and law enforcement officers, along with a review of existing criminal laws to increase punishments for offenders of violence against women. It recommended that the Government seek assistance from United Nations agencies in developing and implementing a strategy to eliminate traditional discriminatory attitudes in the society with a view towards taking concrete measures, including affirmative action, to redress the situation.

Commenting on the combined second and third periodic reports of Nigeria, the Committee noted progress in such areas as the establishment of a ministry of women's affairs, increases in school attendance rates for girls, higher literary rates for women, along with an increase in the number of women in decision-making posts in the country.

The Committee found that factors and difficulties affecting implementation of the Convention included the predominance of cultural stereotypes prejudicial to women and the coexistence of three legal systems -- Islamic, civil and traditional -- which made it difficult to adopt laws and led to discrimination within the female population.

Principle subjects of concern noted by the Committee, including the incompleteness of Nigeria's response to the questions raised by the Committee.

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Nigeria had ratified the Convention without reservation, but its lack of respect for the Convention in many regards was of concern. The Committee recommended full respect to the commitments and obligations of the Convention, the adoption of all necessary measures and the promotion of women's participation by the judicial system in the justice system.

Other areas of concern were the lack of statistical data, especially with regard to violence against women and communicable disease; the alarming rates of maternal and infant mortality; and the limited access of rural women to education and credit facilities.

The Committee recommended that the Government of Nigeria increase efforts in education and public awareness programmes to address problem issues; undertake statistical analyses and data collection to identify problems and directions for solutions; and establish structures to educate and care for victims of practices such as polygamy and prostitution, which were accepted by the society. It also urged the Government to dedicate 4 to 6 per cent of its budget to education and health care, as well as providing access to free health services for all. The Committee called on Nigeria to take necessary measures to protect women from reprisals after instances of violence against them, and strengthen socio-economic programmes to reduce discrimination against rural women and adopt new codes to eliminate traditional practices harmful to women.

With regard to the combined third and fourth periodic reports of Peru, the Committee stressed the need for comparative statistical data in subsequent reports to assess changes resulting from policies, projects and programmes for implementing the Convention. The Committee noted efforts by the Government, despite economic crisis and terrorist violence, including establishment of a Ministry for Women, introduction of significant legislation for their advancement, and increased collaboration with civil society.

A main obstacle to implementation of the Constitution in Peru was poverty, with 18 per cent of Peruvian women living in extreme poverty. Notwithstanding the national strategy for poverty alleviation, the feminization of poverty was a reality in the country, the Committee noted. Furthermore, the Committee noted the prevalence of socio-economic cultural patterns that perpetuated prejudices and discrimination against women. It recommended the inclusion of priority gender-equality programmes to promote the gradual elimination of such harmful stereotypes and a general awareness-raising campaign to eradicate them.

The Committee also expressed concern that the country's Constitution, by its definition of discrimination, precluded the inclusion of temporary affirmation action measures. Other concerns related to women's lack of access to decision-making posts, lack of information on Peruvian women abroad or on prostitution in the country, and lack of measures against domestic violence.

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Also of concern were the high rate of illiteracy and school drop-outs among women and girls, the high infant and maternal mortality rates, and the close link between the latter and the number of abortions. The Committee stressed that criminalizing abortion had the effect of making the procedure unsafe and dangerous without stopping abortions.

Chief among recommendations by the Committee was the establishment of family planning programmes emphasizing sex education and use of contraceptives. It also made specific recommendations with regard to literacy campaigns, microcredit, and provisions for female heads of families, primarily among those who had been unsettled by the terrorist activity.

In response to the third and fourth periodic reports of the Republic of Korea, the Committee noted substantial and administrative progress during the last decade in regard to women's advancement, welcoming efforts to mainstream a gender perspective into policies and programmes. It welcomed the Government's collaboration with NGOs to combat domestic violence and the revision of laws to bring them into line with the Convention. The Committee recommended streamlining of the strengthened proactive machinery, noting the persistence of entrenched paternalistic values and traditional stereotyping of women's role, along with the low participation of women in social and political life, and in decision- making positions.

The Committee expressed concerns that the country report had contained insufficient information on the actual situations of women in various walks of life. It recommended monitoring and evaluation of the enforcement of legislative measures and policies. It applauded the definition of discrimination in the Constitution, but expressed concern that indirect discrimination was not included. The Committee recommended the specification of remedies for indirect discrimination, the fostering of a political environment conducive to women's promotion in all sectors of public and private life, and the provision of more support to increase women's political participation.

The Committee noted with concern the situation of women's employment in the labour market and emphasized the importance of the issue in view of the Asian economic crisis and its impact on the situation of women, including the growth of female unemployment. A wide range of measures were recommended, such as the provision of statistical data, recognition of women's unpaid work, increase in trade union involvement for women, elimination of gender-restrictive recruitment advertisements, awareness-raising campaigns and training in gender- sensitivity.

Regarding the combined third and fourth periodic reports of New Zealand, the Committee welcomed the Government's efforts on behalf of Maori women and the adoption of a domestic violence act. It also noted the implementation of the

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Beijing Platform under six cross-cutting themes, including mainstreaming of a gender perspective and improved data collection. However, the Committee also considered that the legislative and de facto framework in the formal labour market constituted a serious impediment to implementation of the Convention, and it noted the continuing existence of reservations, particularly with regard to maternity leave. The merely advisory and coordinating nature of the Ministry for Women was also considered an impediment to furthering women's human rights.

The Committee expressed concern about the insufficient address by the Government of economic factors affecting women, such as the increase of women in part-time and casual work due to economic restructuring, and the continuing pay gap between men and women. It also expressed concern about the existing differentiation between property rights of women and those in de facto relationships, limitations on access to health care due to privatization, and the continuing unsatisfactory situation of Maori women.

Among many specific recommendations, the Committee urged the Government to assess the impact of existing free-market legislation on women's ability to compete and to institute proactive temporary special measures, legislation and innovative policies to accelerate women's equality in employment. It recommended study of existing national maternity leave provisions and the gathering of comparative data to assess changes in the situation of women's human rights, including in that of prostitutes, or sex workers. It recommended that the Government consider introducing a broad range of measures, with targets and flexible numerical goals, in a broad range of areas from ensuring health care to monitoring the percentage of women and Parliament.

Background on Committee, Convention

The Committee of experts, who serve in their personal capacity, monitors the implementation of the Convention, which was adopted by the General Assembly in 1979, opened for signature in March 1980, and entered into force in 1981. The Convention -- ratified by 161 countries -- is the most comprehensive, legally binding treaty on women's human rights. Often referred to as an international bill of rights for women, it establishes an agenda for national action to end discrimination. The first 16 articles of the Convention call on States parties to take appropriate measures to ensure women's civil, political, economic and cultural rights and their legal equality.

By terms of the Convention, States parties are called on to take measures such as guaranteeing basic human rights and fundamental freedoms of women and ensuring the suppression of the traffic in, and the exploitation of the prostitution of women. States parties are also bound to make efforts to eliminate discrimination against women in political and public life, to ensure equal rights to acquire, change or retain their nationality, and to eliminate

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discrimination in the fields of education, employment, health and other areas of economic and social life. Other articles address issues such as problems faced by rural women, equality before the law and elimination of discrimination against women within marriage and the family. The rights of women to take part in the political and public life of their countries and to perform all functions at all levels of government are also guaranteed by the Convention.

Article 1 of the Convention defines discrimination against women as: "any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

States Parties to Convention

As of 15 January, the following 161 States have either ratified or acceded to the Convention, which entered into force on 3 September 1981: Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania and Luxembourg.

Also, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

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Committee Membership

The 23-expert members of the Committee, serving in their personal capacity, are: Charlotte Abaka, of Ghana; Ayse Feride Acar, of Turkey; Emma Aouij, of Tunisia; Antonia Guvava, of Zimbabwe; Desiree Patricia Bernard, of Guyana; Carlota Bustelo Garcia del Real, of Spain; Silvia Rose Cartwright, New Zealand; Ivanka Corti, of Italy; Aurora Javate de Dios, of the Philippines; Miriam Yolanda Estrada Castillo, of Ecuador; Yolanda Ferrer Gomez, of Cuba; Aida Gonzalez, of Mexico; Sunaryati Hartono, of Indonesia; Salma Khan, of Bangladesh; Yung-Chung Kim, of the Republic of Korea; Ahoua Ouedraogo, of Burkina Faso; Anne Lise Ryel, of Norway; Chikako Taya, of Japan; Hanna Beate Schopp-Schilling, of Germany; Carmel Shalev, of Israel; Lin Shangzhen, of China; Kongit Sinegiorgis, of Ethiopia; and Mervat Tallawy, of Egypt.

Committee Officers

The Committee is chaired by Salma Khan of Bangladesh. Its three vice-chairpersons are: Charlotte Abaka, of Ghana; Carlota Bustela Garcia del Real, of Spain; and Miriam Estrada, of Ecuador. Aurora Javate de Dios, of the Philippines, is the Rapporteur. The Committee's officers are elected for a two-year period. The current Bureau was elected in January 1997.

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