WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES TWENTY-FIRST SESSION

Press Release
WOM/1146

WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES TWENTY-FIRST SESSION

High rates of teenage pregnancy, the absence of sexual and reproductive health information, punitive abortion laws, poverty, ageing, stereotypes, and the role of the Church were among the many concerns raised during the twenty- first session of the Committee on the Elimination of Discrimination against Women.

Concluding its three-week session this afternoon, the 23-member expert body -- which monitors compliance with the Convention on the Elimination of All Forms of Discrimination against Women --adopted recommendations for advancing the status of women in Georgia, Nepal, Belize, Chile, Ireland, Spain and the United Kingdom.

Throughout the session, Committee members had expressed concern on issues such as the increased use of tobacco and alcohol by young women, and the serious impact of policies which permitted trafficking in women, and threats to women's reproductive rights.

The Committee began the session on 7 June with a special ceremony in commemoration of the twentieth anniversary of the adoption of the Convention by the General Assembly. In addition to its Chairperson, Aida Gonzalez Martinez of Mexico, the Committee heard from Deputy Secretary-General Louise Fréchette; the first chairperson of the Committee, Luvsandanzangyn Ider; the Under-Secretary-General for Economic and Social Affairs, Nitin Desai; the Special Adviser on Gender Issues and Advancement of Women, Angela E.V. King; and the Director of the Division for the Advancement of Women, Yakin Erturk.

Also that day, the Committee held a round-table discussion on "The Impact of the Convention at the Domestic Level". Several former and present members of the Committee, including former chairpersons, representatives of United Nations bodies and non-governmental organizations, as well as special guests, participated in the discussion.

The Committee's adoption of specific country recommendations followed an intensive examination of the reports and presentations of the seven governments. States parties to the Convention are required to submit periodic reports on their efforts to comply with the treaty.

This afternoon, the Committee adopted its report for the twenty-first session. Also, it adopted the dates for its twenty-second session, and the pre-session working group for the twenty-third session to be held, respectively, from 17 January to 4 February 2000, and 11 to 14 January.

In her closing remarks, the Committee's Chairperson, Aida Gonzalez Martinez of Mexico, said that 20 years after the Convention had been adopted, women continued to face many problems, including adolescent pregnancy, reduced protection of reproductive rights, problems regarding prostitution, as well as violence against women and family violence. Yet, it was also clear that, worldwide, efforts were being made to combat those problems, and real results were being obtained. The General Assembly's adoption of the draft optional protocol would pose new challenges for the Committee in its ongoing work to safeguard the rights of women. Addressing the Committee, the Secretary-General's Special Adviser on Gender Issues and Advancement of Women, Angela King, said the Committee's new working methods had allowed for a vibrant dialogue between it and the States parties. Welcoming the fact that many former chairpersons and former members had attended the twentieth anniversary celebrations, she proposed forming an "alumni group" to maintain contact and access to expertise. The Division for the Advancement of Women was beginning to plan for the optional protocol, exploring the implications of its adoption.

Committee Report

By adopting its report, the Committee decided to consider reports of eight States parties at its twenty-second session: the initial reports of the Democratic Republic of the Congo, India, Jordan and Myanmar; the second periodic reports of Burkina Faso and Luxembourg; the third periodic report of Belarus; and the combined second and third period reports and fourth periodic report of Germany.

Also, the Committee decided to consider reports of eight States parties at its twenty-third session: the initial reports of Lithuania, Maldives and the Republic of Moldova; the third periodic reports of Iraq and the Netherlands; the third and fourth periodic reports of Austria; and the fourth periodic reports of Cuba and Romania.

Committee Recommendations on Country Reports

The Committee adopted, as orally amended, its report containing specific recommendations to States parties.

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On the initial report of Georgia, the Committee applauded the Government's new Constitution stipulating the equality of all people regardless of sex; its ratification of international instruments; and its engagement in ongoing legislative reform. However, the country's continuing economic transformation, which began with the declaration of independence in 1991, and the impact of a civil war in parts of the country, including the high number of internally displaced women and children, impeded implementation of the Convention.

The Committee noted with concern the persistence of a patriarchal culture, the prevalence of the stereotyped roles of women in the family and in public life, and the patterns of behaviour and attitudes that overemphasized the role of women as mothers. Comprehensive measures were needed to eliminate stereotypes, including the review of textbooks, research into the heritage of women's role in Georgian history, and media campaigns to promote understanding of joint responsibilities in family life.

The current policy of not criminalizing procuring for the purpose of prostitution had created an environment where women and young children were not protected from sexual exploitation in sex tourism, cross-border trafficking, and pornography, the Committee noted with concern. It had also contributed to a rise in prostitution and trafficking of women, and especially girls, due to poverty. The Committee recommended that a law specifically addressing violence against women be put in place, and that Georgia's Penal Code be amended to impose severe penalties for sexual violence and abuse. Sex with under-age children must be considered rape.

Concern was expressed at the fact that a number of ideas and practices that were advancing women's equality had been discredited because they had been used when Georgia was part of the former Soviet Union. Those should be reconsidered, for example, temporary special measures, including quotas in the areas of political participation and in employment.

In the area of health, the Committee recommended that existing occupational health standards, inherited from the former Soviet Union, be examined, and that any directly or indirectly discriminated against women be revised or repealed. It also recommended the elaboration of family planning programmes and the dissemination of various forms of contraceptives, as well as the creation of insurance plans that sufficiently covered women patients in hospitals and in ambulatory medical care.

Regarding the second and third periodic reports of Chile, the Committee commended the Government for its display of political will in strengthening the National Women's Service (SERNAM) by continuing its programmes as a decentralized government office in and granting it budgetary autonomy; and in adopting the Equal Opportunity Plan for Women and implementing it as a government programme.

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It noted that although Chilean women had played an important role in the defence of human rights in their country and in the restoration of democracy, social stereotypes and traditional attitudes persisted with respect to women's role in national life. That situation was aggravated by the challenge of dealing with the after-effects of 20 years of military dictatorship, which had impeded the Convention's full implementation.

Chile failed to protect women under family law; the Government should examine the possibility of a bill establishing binding divorce, equal rights to women and men in civil proceedings relating to property administration and the possibility of entering a new marriage, the Committee recommended. Likewise, changes were needed in legislation so that the marital property regime recognized the equal rights of both spouses.

The Committee was especially concerned at laws prohibiting and punishing abortion for any reason, and the fact that a women could undergo sterilization only with her husband's consent. It recommended that Chile review its abortion laws with a view to amending them, especially to allow for terminating pregnancy for therapeutic or health reasons. In addition, it should strengthen actions to prevent unwanted pregnancies, by making contraceptives more widely available and granting women the right to undergo sterilization without requiring their husband's -- or anyone else's -- prior consent. With the country's high rate of young single mothers, effective sex education programmes were also needed. The Committee should ensure passage of a law prohibiting the practice of expelling adolescent girls from school because of pregnancy.

Regarding Spain's third and fourth periodic reports, the Committee noted with appreciation the use of affirmative action measures to overcome obstacles to women's de facto equality, and the high level of women's educational achievement. Noting the high degree of decentralization, the Committee recommended that the Government carefully monitor measures at the level of the autonomous communities for coherence with national policies.

Stereotypical gender-based attitudes persisted; while women were becoming integrated into the world of work, men were not becoming involved in parental and household tasks. Spain should focus on education in that regard, and increase collaboration with civil society organizations, the media and the private sector, all of which should serve to achieve greater balance in the roles and responsibilities of women and men.

Rigorous attention must be focused on domestic violence, the Committee recommended. The issue should be included as a mandatory part of the basic training of law enforcement personnel and that investigation and prosecution of complaints be undertaken on par with other criminal offences. The situation of older women too required comprehensive and priority attention.

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Spanish women's participation in the labour market was one of the lowest among Western European countries, their unemployment rate was almost double that of men, and, on average, they earned about 30 per cent less than men, the Committee noted with concern. Spain should assess the adequacy of its incentive programmes for women entrepreneurs and provide comprehensive programmes with information, training, economic incentives and skills development to ensure success for women in small- and medium-sized enterprises.

Achievements in the educational realm were not reflected in women's access to and representation in the labour market, the Committee noted, and recommended that the causes for that be studied. Recruitment practices and training and professional development opportunities in the private sector should be examined to assess their potential for indirect discrimination against women.

Regarding Nepal's initial report, the Committee commended the Government for its programme to improve women's and girls' education, advance women's social status, and strategize for poverty alleviation. The Committee welcomed the active role played by non-governmental organizations in the Convention's implementation, and efforts to extend micro-credit to women. However, the persistence of highly patriarchal values and norms affecting all spheres of life impeded the Convention's full implementation. Widespread poverty in rural and remote areas was another major obstacle to the Convention's implementation.

The Government was urged by the Committee to amend, as a matter of priority, the laws on marriage, nationality and birth registration, the Bonus Act, and discriminatory criminal laws. It was also urged to introduce and enforce policies and programmes for free and compulsory education for all girls; vocational and skill development training for income generation, especially for marginalized rural women; and facilitate women's access to non-traditional and non-stereotypical education.

The Committee was concerned by current legislation which criminalized abortion, including in cases of pregnancy through rape or incest. Proposed amendments to that legislation, which were still extremely restrictive, were also cause for concern. The current law contributed to Nepal's high maternal mortality rate. The Government was urged to revise existing legislation and reconsider the proposed amendments so that services for safe abortions could be provided. It should place priority on preventing unwanted pregnancy by offering family planning services and sex education.

The Committee urged Nepal to review immediately existing legislative provisions on prostitution and trafficking in women and called on the Government to initiate regional and bilateral cooperation, including through the ratification of the convention of the South Asian Association for Regional Cooperation (SAARC) on trafficking in women and children, once adopted.

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Further, it should establish repatriation and rehabilitation programmes, and support services for victims of trafficking.

The implementation of an extensive public awareness campaign to increase the understanding of gender issues and human rights of women among the Nepalese population was also recommended.

On Belize's combined initial and second periodic reports, the Committee welcomed the preparation of a national plan for gender equality and the Government's system to ensure that the gender perspective was reflected in its policies and programmes. Major impediments to implementing the Convention included: the Church-State system of education, which seriously affected the right to education and to health, including reproductive health; the significance of religion in public affairs; and the country's multi-ethnic and multicultural character.

Under the Church-State system of education, schools were free to expel girls due to pregnancy, and only a few secondary schools allowed girls to continue their education after pregnancy. Under that same system, schools were allowed to dismiss unwed teachers who became pregnant. The Government was urged to place the highest priority on eliminating such discrimination through legislation and policy. Also, it should initiate a dialogue with the Church to ensure de facto adherence to the Convention.

The high incidence of teenage pregnancy was of concern to the Committee. In combination with the above-mentioned education system, pregnancy reduced women's economic opportunities and thus increased their poverty. That 60 per cent of births to young women were unplanned was indicative of the lack of adequate family-planning information and contraceptive use. Also, the level of maternal mortality due to clandestine abortions indicated that the Government was not fully implementing its obligations to respect the right to life of its women citizens.

Belize should revise its abortion laws, include age-appropriate sex education in school curricula, and conduct awareness campaigns to reduce teenage pregnancy rates and increase girls' and women's life choices, the Committee recommended. It should implement programmes to increase knowledge and access to contraceptives. Programmes should also increase awareness about HIV/AIDS prevention and encourage the use of condoms.

The Committee recommended that the Criminal Code be kept under review with a view to placing sexual offence and violence on par with other criminal offences. The Government should ensure that investigation and prosecution of rape and sexual offence cases were conducted as rigorously as in other criminal cases, and it should repeal the marital immunity relating to rape in the Criminal Code.

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Concerns also related to differential treatment of married, common-law, and "visiting" spouses under common law with regard to the division of matrimonial property following the breakup of a relationship. The Committee recommended revising the current regime, taking into account the examples of civil law systems and community of matrimonial property approaches.

On the combined second and third reports of Ireland, the Committee welcomed legislative changes since 1989 and the adoption of a plan of action for elderly women. Other achievements included the 1993 appointment of a Cabinet Minister for Justice, Equality and Law Reform, whose responsibilities included monitoring government policies with regard to women's equality and the Government's commitment to mainstreaming a gender perspective into all policies and programmes.

Although Ireland was a secular State, the Church exerted a strong influence on attitudes and even in official State policy, the Committee noted. Women's lives were affected by that, and their right to health, including reproductive health, was compromised by that influence. Since Ireland had not entered a reservation on article 12 of the Convention, on women's health, it was expected to implement the provisions in full.

Noting with grave concern that abortion was illegal except in very limited cases, the Committee recommended that the Government facilitate a national dialogue on women's reproductive rights. Further, it should improve family-planning services and the availability of contraception, including for teenagers, and promote the use of condoms to prevent the spread of HIV/AIDS.

Working women in Ireland earned less than their male counterparts, and while women's participation had increased, almost no women over age 50 were in paid employment, the Committee noted with concern. It welcomed the Government's recent focus on family-friendly child care and parental leave policies to facilitate women' participation in the labour market, but cautioned that emphasizing the role of women as mothers and caregivers perpetuated sex role stereotypes. The Government should review its policies and legislation to ensure they created incentives for women and men to share, equally, paid work outside the home and unpaid family work. Those efforts should be accompanied by measures to raise awareness and change attitudes about traditional roles.

Noting with concern information on the continued low representation of women in public and political life -- due primarily to structures and attitudes -- the Committee urged the Government to make full use of temporary special measures in accordance with article 4.1 of the Convention to increase the number of women participating in politics and decision-making. The Government should ensure that legal professionals and law students received gender training, and that adequate numbers of women were trained for specialized courts, such as family courts.

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Aspects of the Irish Constitution were a concern: article 41.2 reflected a stereotyped view of the role of women, and the guarantee of non-discrimination did not extend to private, non-State actors. As a Parliamentary Committee on Constitutional Reform was to consider amendments, Committee experts emphasized that the Women's Convention stipulated that all measures be taken to modify patterns of behaviour, with a view to eliminating prejudices and practices based on stereotyped roles. The Committee called upon the Irish Government to ensure that the Constitutional Reform Committee was fully aware of Ireland's commitments under the Convention.

On the third and fourth reports of the United Kingdom, the Committee commended progress being made in withdrawing reservations to the Convention and reviewing remaining ones. It welcomed the establishment of a national women's machinery; commended the decision to mainstream women's issues; and welcomed the adoption of the Human Rights Act 1998 that incorporated the European Convention on Human rights and Fundamental Freedoms into English Law. While recent changes in law and new policies were extremely positive, the Committee stressed that their impact was still undetermined and, therefore, rigorous analysis and evaluation was needed.

Concerns in the area of reproductive health included the level of teenage conception -- the highest in Western Europe; the high rate of sexually transmitted diseases, especially among teens; and the fact that in Northern Ireland, with limited exceptions, abortion was illegal. Teenage pregnancy should be addressed by measures, including greater focus on male responsibility, and reviewing primary school curriculum with a view to introducing age-appropriate sex education. Resources should be allocated to holistic reproductive health programmes directed at adolescents. The Government should initiate a process of public consultation on reforming the abortion law in Northern Ireland.

The Committee had several concerns related to the criminal justice system. Young offenders were held in adult prisons; educational and rehabilitative programmes were lacking; and women were often held far from their families. Conviction rates for rape and sexual offence were low. The Government should intensify efforts to understand the causes for women's increasing criminality and seek alternative sentencing strategies for minor infringements. It should improve the education of judges regarding domestic violence.

Regarding the devolution of power to elected bodies in Wales, Scotland and Northern Ireland, the Committee noted that, while the Government was responsible for implementing the Convention, different regimes were being established affecting women's enjoyment of their rights. The Government should ensure that a unified strategy and policy governed implementing the Convention so all women in the State benefited. Legislative provisions for mainstreaming women's equality should be extended throughout the United Kingdom, including overseas territories.

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Urgent cross-sectoral action was needed to address the problems faced by older women, the Committee stated. As ethnic minority women continued to suffer from unemployment, lower levels of education and lower pay than white women, the Committee recommended steps to eliminate direct and indirect forms of discrimination, including awareness campaigns, education and health strategies, and positive recruitment measures.

The Government should use its new employment policies to address the pay gap between women and men, the Committee recommended. It should assess the extent to which cultural stereotypes were involved in that problem. On the problem of violence against women, the Committee recommended a multifaceted national strategy with legal, education, financial and social components. The Government was invited to address cultural stereotypes by increasing men's opportunities in non-traditional roles and rationalizing parental leave and benefits.

Background on Committee, Convention

The Committee of experts, who serve in their personal capacity, monitor 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 163 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.

States Parties to Convention

The following 163 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, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece and Grenada.

Also, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Mongolia,

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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.

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; Carlota Bustelo Garcia del Real, of Spain; Silvia Rose Cartwright, of New Zealand; Ivanka Corti, of Italy; Feng Cui, of China; Naela Gabr, of Egypt; Yolanda Ferrer Gomez, of Cuba; Aida Gonzalez Martinez, of Mexico; Savitri Goonesekere, of Sri Lanka; Rosalyn Hazelle, of Saint Kitts and Nevis; Salma Khan, of Bangladesh; Yung-Chung Kim, of the Republic of Korea; Rosario Manalo, of the Philippines; Mavivi Myakayaka-Manzini, of South Africa; Ahoua Ouedraogo, of Burkina Faso; Zelmira Regazzoli, of Argentina; Anne Lise Ryel, of Norway; Hanna Beate Schopp-Schilling, of Germany; Carmel Shalev, of Israel; Kongit Sinegiorgis, of Ethiopia; and Chikako Taya, of Japan.

Committee Officers

The Committee is currently chaired by Aida Gonzalez Martinez of Mexico. Its three vice-chairpersons are: Yung-Chung Kim, of the Republic of Korea; Ahoua Ouedraogo, of Burkina Faso; and Hanna Beate Schopp-Schilling, of Germany. Ayse Feride Acar, of Turkey, is the Rapporteur. The officers are elected for a two-year period and the current bureau was elected in January.

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