Committee on Elimination of

 Discrimination against Women

926^th & 927^th Meetings (AM & PM)

Despite Recent Transformational Upheaval, Argentina Entrenches Women’s Convention

in National Policies, Government Structures, Delegation Reports to Committee

Women’s Anti-Discrimination Committee Lauds Progress, but Questions Ill Treatment

Of Women Detainees, Lack of Gender-Sensitive Training, Inadequate Data Collection

Argentina, despite two economic crises in the past decade — one domestic and one global — and major political changes, had firmly rooted the Women’s Anti-Discrimination Convention in its national policies, governmental structures, educational and social programmes, and health initiatives, said its delegation today, reporting to the body that monitors compliance with that human rights treaty.

Despite the recent “serious challenges” to that South American country, including sweeping political change in administration and policy, the President of the country’s National Council of Women, Lidia Mondelo, described to the 23-member expert Committee a transformed political, judicial, social and economic landscape, which clearly reflected the progress and inclusion of women at all levels. 

In the past presidential election, she noted, both candidates had been women.  Currently, two women judges sat on the Supreme Court.  In several ministries, historically led by men, women now were in positions of leadership.  That was also true at the National Bank of Argentina.

In other gains, Ms. Mondelo reported that both the most recent and current Administrations implemented national programmes and policies that supported and stimulated inclusive economic and social development.  Those included, among others, fair distribution of wages, reduction of poverty, access to education and health services, as well as laws and programmes to prevent violence against women and assist the victims of gender-based violence. 

Along that line, she noted that Argentina’s President, Cristina Fernández de Kirchner, would present a decree on gender-based violence later this week, and tomorrow, a bill on same sex marriage would appear before the Senate for debate.

Committee experts, representing a fair geographical spectrum, function in their national capacity to assess compliance with the Convention by States parties, required to report at least every four years to the Committee indicating the measures they had adopted to give effect to the Convention’s provisions.  Today, experts acknowledged the progress made, but expressed concern about, among others, the discrepancy between progress made on the national level and in large cities as compared to the lack of similar strides in the provincial regions. 

Among the specific concerns was that the country had not yet achieved its goal of 50 per cent of women in government, and the experts asked how that would be addressed.  Also notable was the lack of data collection, in particular gender-specific statistics, owing to the very recent establishment of the many programmes and policies.  Thus, experts asked what mechanisms the Government had evolved to assess whether or not its measures were achieving their desired goals. 

Experts also questioned whether or not all women, including refugees, asylum seekers, and other vulnerable population groups, had access to the judicial system and to effective legal protection, especially in the provinces and rural areas.  Several experts asked if there was any systematic and standardized training for border officials, police officers, security forces as well as non-security personnel who worked in the area of women’s health and welfare, and specifically with women seeking protection or who were victims of sexual or violent assault.

Also raised was the issue of women detainees; the number of women detained was double that of men.  Concerns were expressed about reports of torture, ill-treatment, vaginal inspection, and deaths in prison.  The current situation of men still working in women’s prisons, as well as the policy of detaining women who were pregnant or had small children with them, was also brought to light, and information on what steps were being taken to address those circumstances was requested.

Delegates acknowledged the challenges of a federal system in a country that was multicultural and covered a vast land surface, but noted that the national Government was developing and implementing strong public educational campaigns on women’s issues, as well as expanded networking and coalition building with legal associations to enhance legal access for women, especially women in remote areas. 

The National Women’s Council, through a regional approach to its work, was equally committed to incorporating the Women’s Convention throughout the country, via continued advocacy, education, promotion of women’s health and rights, and the development of legislation, among other steps, they said.

The Committee on the Elimination of Discrimination against Women will meet again at 10 a.m. tomorrow, 14 July, to take up Fiji’s combined second to fourth periodic report.

Background

The Committee on the Elimination of Discrimination of Women (CEDAW) met today to consider the sixth periodic report of Argentina (document C/ARG/6).

The Argentine delegation was led by the Permanent Representative of Argentina to the United Nations, Jorge Argüello, and also included from the Mission Diego Limeres and Ana Bianchi.  From Argentina:  Lidia Mondelo, President of the National Council of Women of Argentina; Perla Prigoshin, National Director of Comprehensive Protection and Joint Direct Action ; Maria Laura Manzotti, Coordinator of the National Directorate of Communication, Information and Broadcasting; William Martini, Family Agriculture Secretary of the Ministry of Agriculture, Livestock and Fisheries; Mariano Luongo, National Director, Management and Institutional Development, of the Ministry of Social Development; Registrar Maria Luz Melon; Gustavo Rutilo; Zaida Gatti, General Counsel of the "Victims against Violence" program of the Ministry of Justice, Security and Human Rights of the Nation; Paula Ferro, National Program Coordinator for Sexual Health and Responsible Parenthood of the Ministry of Health of the Nation; Olga Martin, Chairperson of the Tripartite Commission of Equal Treatment between Men and Women in the Workforce of the Ministry of Labour, Employment and Social Security; and Laura Balart, Women’s Bureau of the Supreme Court of Justice of the Nation.

Introduction of Report

Introducing the report, Mr. ARGÜELO highlighted the diversity of the delegates from Argentina, whom he said represented all strata of national Government, including the Ministries of Agriculture, Social Development, Justice, Security, Health and the Supreme Court, among others.

Next, Ms. MONDELO, President of the National Council of Women, presented the 2004-2007 report, stating that Argentina took the Women’s Convention very seriously.  As the sixth periodic report stated, in the last decade, Argentina had been “in the throes of serious challenges” including economic, social and political changes and crises.  The new, inclusive paradigm shift and new economic model brought to the forefront human rights and “the universality which promoted equality between men and women”.  This reformation of the State, which supplanted the old values that had weakened human rights efforts, was essential to strengthening institutional change and integrating new strategies that responded and guaranteed the rights of women and men.

She said that those policy changes resulted in, among other things, implementation of policies for fair distribution in wages and the reduction of poverty by 34 per cent, to date.  Despite the recent global economic crisis, the country’s policy direction had sustained the external impact.  The State had tackled the 2009 economic crisis with “high-impact policies”, which ensured protective development.  That new approach stimulated production and generated new jobs.  Unemployment had dropped from 22 per cent in 2002 to 9 per cent in 2010, and in 2009, there were fewer unemployed women than men.

The National Council of Women had formed the National Social Policies Coordination Council, headed by Dr. Alicia Kirchner, where national ministries and offices met to create national policies and strategies, build tools and instruments, and create institutional links to authorities of provincial states to support the development of laws for women’s rights.  The judicial branch and the Supreme Court of Justice had also created a joint work forum with a national coordination of consultants.  Through all those efforts, new data systems were being developed and new statistics were in the process of being collected. 

Women’s political participation had been evident in the last presidential election, where both candidates had been women, she reported.  Ministries, historically led by men, such as the Defence Ministry, were now led by women, as was the National Bank of Argentina, among others.  Efforts would continue to expand women’s presence in the intermediate levels of government.  The Supreme Court now had two women on its bench, and an interdisciplinary Office of Domestic Violence had been created, with a team of support available 24 hours a day to assist women in the city of Buenos Aires.  That programme was being replicated throughout the country.

Additionally, she said, the National Council and its Federal Women’s Council had developed Law 26.485 on gender-based violence.  The Council also worked with the Health Ministry to develop programmes with gender perspective.  A national programme with a free national hotline had been established to provide women with access to information on all aspects of their health, including sexual reproductive rights, contraceptives, abortion, and domestic abuse.

She noted that Argentina had reached its Millennium Development Goal on education, reaching 100 per cent literacy.  With initiatives and scholarships to support women’s education, 37 per cent of the students in the nation’s 2,000 vocational schools were women, and there had been an increase in the number of women in non-traditional areas, such as engineering, automotive, and electrical sciences.  She added that rural women were being supported by a new ministry, for agricultural and rural development, which promoted programmes for women farmers and indigent women. 

Policies supporting women’s rights would continue to be reformatted and revised on the basis of experience and results, and participation at all levels of government and labour, and cultural entities would continue to expand, she said.  Much progress was already evident.  This week, on 14 July, in the National Senate, legislation on equality of marriage would be debated, and on July 19, President Cristina Fernández de Kirchner would present the decree on gender-based violence.

Experts’ Comments and Questions

CORNELIS FLINTERMAN, expert from the Netherlands, said it was only three months ago that the Government had submitted a report to the Human Rights Committee.  A concern was that many rights monitored by the treaty body were not uniformly applied in that country.  He asked what mechanisms the Government had in place to ensure the Convention was uniformly applied in Argentina.

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, had questions regarding the country’s reporting process, including whether the report had been adopted by the Government before it was sent to the Committee.  She also questioned the role of the non-governmental organizations in the process of implementing the Women’s Convention.  She commended the excellent role of women in the Parliament.

PRAMILA PATTEN, expert from Mauritius, asked whether the Government had the mechanisms in place to assess whether its measures were achieving their desired goals.  The Convention was about the effective legal protection of women, and she questioned what the Government was doing to ensure women’s access to justice, especially in the provinces and rural areas.  Was training given to border officials for women refugees and asylum seekers, and other vulnerable women?

INDIRA JAISING, expert from India, said she found the report impressive, particularly the information provided about pension rights and social security.  She asked whether the Government had considered equality legislation that would ban any form of discrimination based on sex, or even race, and so forth.

YOKO HAYASHI, expert from Japan, asked how the Government implemented recommendations by treaty bodies, specifically, the role played by national human rights institutions in implementing the recommendations of human rights bodies.

VIOLET TSISIGA AWORI, expert from Kenya, wanted additional information about the budget and staffing of the national women’s council.

VIOLETA NEUBAUER, expert from Slovenia, asked about the “real” mandate and function of the National Council for Women and whether there was a legal basis for the body.  She was interested in the Council’s authority, visibility and political recognition, and she asked how its president was appointed and how its status compared with that of other Government ministers.  She also questioned whether the 25 professional and technical staff funded by the United Nations Development Programme (UNDP) was recruited in addition to the pre-existing staff of the National Women’s Council and what would happen when that UNDP funding ceased.

Country Response

Ms. Prigoshin acknowledged the difficulty of working within a federal system, and in a country that was multicultural and covered a vast land surface.  There was more resistance in the northern provinces and more open reception to bring about equality for women in the southern provinces.  The Women’s Council tried to take a regional approach in its work.  The national Government overall tried to work with civil society organizations, seeking also to coordinate with the provinces to ensure their compliance and enlist their protection of women against violence.  The Women’s Council was a leading body in applying the Women’s Convention in the country and incorporating the powers of the provinces.

Another member of the delegation said the country had public education campaigns in the judicial areas, and access to justice was being approached in several ways.  There were agreements with the bar associations and entities to provide free legal advice for women.  That included providing access to legal justice for people in remote areas.  Also, there was training for legal personnel at the federal and provincial levels.

Regarding questions on the Council’s budget, a delegation member said the Government had allocated funds to work on gender violence and was formulating its 2011 budget.  There would be a gradual inclusion of the resources now administered through UNDP.

Experts’ Comment and Questions

Regarding article 4, on temporary special measures, VICTORIA POPESCU, expert from Romania, requested information about implementing quotas for women’s participation in legislative bodies, which was lower in the provinces than the cities.

Regarding article 5, on stereotyping, NAELA MOHAMED GABR, expert from Egypt, inquired about social attitudes, from region to region, towards the implementation and enforcement of laws protecting women’s rights.  That was not a legal issue, but a social one.  She asked further whether there was a comprehensive plan that would incorporate both legislation and changes in social consciousness, especially in the provinces.

SOLEDAD MURILLO DE LA VEGA, expert from Spain, commented on the preventive detention of women, which had increased dramatically and was double that of men.  She asked why Argentina still maintained men among the staff in women’s prisons, and for statistics on cases of abuse against female detainees by prison officials.

Ms. HAYAHSI, expert from Japan, commented on preventive detention conditions, including lack of hygiene and medical care, and asked whether the Government was going to continue to detain pregnant women or women with young children, in prison.  There were several reports of torture, ill-treatment, vaginal inspection, and deaths in prison. What steps were being taken to address those issues?

Ms. ŠIMONOVIĆ of Croatia asked about the content of the new law on gender-based violence and if shelters were available, specifically in connection with the provinces.  She also requested data on women murdered by partners or ex-partners, and what measures, if any, were being developed to respond to such murders.

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, remarking on article 5, asked about Argentina’s approach to the elimination of stereotypes of women.  What measures were being taken to ensure proper preparation of training and teaching of personnel, in order to ensure that the letter of the law would be applied in the case of stereotypes?  Regarding article 4, what temporary special measures were being taken to challenge those stereotypes?

Turning to article 6, on prostitution, Ms. GABR requested the details about the national programme for trafficking victims.  Specifically, how were all personnel working in that field being trained?  Were there shelters?  Were funds for the rehabilitation of victims available?  Was there a media awareness programme on that scourge?

SAISUREE CHUTIKUL, expert from Thailand, asked for Argentina’s definition of trafficking and whether it went beyond prostitution and forced labour.  Did it cover boys, girls, men and women?  Noting that the report distinguished between victims older and younger than 18, she asked the purpose of that distinction.

Many agencies were mentioned in the report.  How were all of them coordinating their efforts to combat trafficking and what kind of budget and resources were available, as well as monitoring of implementation of the law? 

She also wanted to know if the national programme was a national plan of action and, if so, whether there was a timeframe with clear objectives and monitoring mechanisms in place.  Regarding international cooperation, “making contact” with consulates was too vague, and she requested concrete examples of cooperation that showed systematic and sustainable interactions, such as agreements.

Country Response

A member of the delegation said that each province gradually developed its own level of representation in the provincial governments.  The Government was developing its national plan with all ministries and provinces to help protect women against violence.  Regarding marital rape, it was not clear if rape was a crime under “private” law and needed a complaint by women.  But rape was being addressed by the country.  It was also unclear if the number of incidents had increased or the number of complaints had increased.

Regarding women in prison, the delegate said there were national regulations against violence, which dealt with the kind of treatment that was required to respect the rights of women in prison.  It was a regulatory decree under existing law.  On the issue of non-punishable abortion, it was generally true that the clergy had a strong influence on doctors and people.  The provincial courts were working with the Supreme Court to provide judicial assistance and to deal with the problem of violence against women.

Another member of the delegation said that Argentina had federalized the crime of trafficking against persons, since that crime took place in every province.  The law provided for the protection of the victims and the non-punishment of victims for any crimes committed during their time as a victim.  There was continuing training of police to deal with all types of crimes and that training took place in the federal capital and in the provinces.  The Ministries of Justice, Human Rights, Social Justice and Labour were working to ensure compliance with all laws.  Argentina was working with other Governments and inter-governmental entities to help trafficking victims from other countries, and had recently concluded a bi-national agreement with Bolivia.

Follow-up Question

Ms. DE LA VEGA, expert from Spain, asked if marital rape was a crime under penal law, which would mean that people had to report it.

Country Response

A delegate said that marital rape had been penalized and that public awareness campaigns were part of the national plan.  Another delegate said there was a programme within the Ministry of Justice to help victims of violence of sexual intimacy once the incident had been reported to the police.

Experts’ Comments and Questions

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said she had visited Argentina and noted that while the country had made enormous progress, much more needed to be done.  The country had applied article 7, which concerned the end of discrimination against women in political and public life.  Despite the promulgation of the law on quotas, the rate of women’s representation was not sufficient, and she urged enhanced efforts to achieve greater representation in the Senate and National Assembly.  She noted that the Assembly was composed of 40 per cent women, but that women should comprise half the seats, in order to achieve the goal of the Convention.

Additionally, she noted that there were not many women in judicial roles, for which major efforts were needed at the national and provincial levels. She added that there was no indication of women diplomats overseas.

Country Response

Regarding the representation of women in Parliament, the delegate said it was true that the country had not yet achieved the desired 50 per cent participation, but added that the national Government was promoting that goal.  She agreed that it was a good idea to provide subsidies to political parties that promoted women.  She acknowledged that because judges served life terms in office, it was difficult to make changes.  Regarding the number of women diplomats, she said there were now 10 women ambassadors.

Experts’ Comments and Questions

ZOU XIAOQIAO, expert from China, noted that Argentina’s literacy rate was close to 100 per cent, but said the report did not provide additional information on education and there was a lack of data by region and sex.  She hoped the next report would provide that information.

She noted the trend that young women chose the social sciences, which affected their future earning power.  Was the Argentine Government or Women’s Council taking any measures to eliminate the disparity in educational choices between the sexes and create more favourable conditions?

SILVIA PIMENTEL, expert from Brazil, congratulated Argentina for achieving the Millennium Development Goal on education.  Among her questions, she wanted to know how the gender-related legal obligations were being implemented and what monitoring mechanisms were in place to ensure that.  Also, what bilingual teaching programmes were in place, and was there a “careful” strategy in place for sex education?

NIKLAS BRUUN, expert from Finland, noted the country’s progress on employment, but said the report lacked gender-specific information and data on monitoring mechanisms.  Unskilled women did not have sufficient legal protection, he added.  Noting that the country had a large number of domestic workers, he asked what steps were being taken to enhance female participation in the labour market outside domestic work.  Regarding sexual harassment in the workplace, he asked what steps were being taken to remedy that situation, which included a lack of remedies in the private sector if the guilty party was a co-worker.

Expert’s Comments and Questions

Ms. PATTEN, expert from Mauritius, said women were still taking “feminine” jobs and were still underemployed as compared to men.  What measures were being taken to begin to diversify?  Were there any positive action programmes, especially directed towards vulnerable women, including older women, migrant women and women with disabilities?  While commending the Government on affording legal protection to domestic workers, she asked what sanctions, if any, were in place for non-compliance and how employers were being monitored.

Ms. DE LA VEGA, expert from Spain, questioned why clauses for women in trade and collective bargaining were limited to home issues and permits on licenses.  Why were there no clauses on wages, promotion, or social protection systems, which should be both for men and women? 

She also noted that nearly half the country’s women were engaged in “informal” work, looking after children and the elderly, owing to the lack of services, which the Government should be providing.  Nor was any pension being provided.

ZOHRA RASEKH, expert from Afghanistan, asked what protection was available to women under the National Employment Law regarding job harassment.  What was done to encourage female workers to report their cases and what was in place to keep them safe from their colleagues?

Ms. JAISING, expert from India, asked why three different systems of health coverage and services existed, and whether that was based on money or income.  She also expressed concern about unsafe abortions and the rate of maternal mortality, and inquired about whether there were any programmes to reduce unsafe abortions and establish access for safe abortions in public systems. 

Regarding tobacco consumption, more women, targeted in ad campaigns, died from diseases like lung cancer, she noted, querying whether Argentina was planning on ratifying the World Health Organization Framework Convention on Tobacco Control and had any plans to ban tobacco in public spaces, or to restrict tobacco advertising.

Ms. RASEKH expressed interest in knowing what programmes and services for HIV/AIDS and for mental health were available to women.

RUTH HALPERIN-KADDARI, expert from Israel, said she had not seen any basic data disaggregated by gender and age, in connection with those living below the poverty line, which comprised mostly vulnerable women, women with children and older women.  If there was no data, she noted there was no way to evaluate any of the new programmes.  Did Argentina have any way of measuring their impact?

There was also some confusing information in the report itself, notably in regard to the Heads Of Household Plan, where, in 2003, there were 2 million enrolled, and in 2007, 890,000, she said.  Was that an improvement?  Concerning the microcredit initiatives, the report stated that 18,000 loans had been provided and that 90 per cent of the recipients had been women.  Did that satisfy the needs in that area of economic development?  Also mentioned in the report was that there were constraints on access to credit, but no details were given.

Experts’ Comments and Questions

DORCAS COKER-APPIAH, expert from Ghana, said that Argentina had an obligation to achieve the implementation of the Convention throughout the country.  It was important to provide information concerning all types of women, including indigenous women and other vulnerable women who might be subjected to discrimination and lower-paying jobs, such as domestic workers.  She asked the delegation to provide information on indigenous women’s access to education and health services.  What mechanisms were in place to ensure that indigenous women benefited from all the policies designed to improve their status?

Ms. XIAOQIAO, expert from China, agreed that the report was lacking information about indigenous women in Argentina, adding that rural women needed particular attention.  She asked for more information on rural women’s access to education, medical care and the rural development program in Argentina.  What difficulties did they have in accessing funding?

Country Response

To increase women’s participation in technical schools, the delegate said the national Government was granting additional scholarships to women in those schools, which was producing additional graduates.

There were new guidelines on sexual education, the delegate noted.  Those touched on many areas, including how to say “no” to inappropriate physical contact, biological differences, discriminatory attitudes, sexual abuse and the transmission of sexual diseases.  The guidelines also include appropriate training material for teachers and information on workshops, including training sessions for provincial teachers, sponsored by the Ministry of Education.  A State channel was being used to distribute audio-visual programmes.

Another delegate said an employment model was being developed to reduce unemployment, which now stood at 8 per cent.  The law for union quotas established a significant portion for women to enable them to take part in “concrete” decision-making.  There was no national law that governed sexual harassment among private employers, but there was a law for harassment in the public sector.  Regarding the wage gap between men and women, the Government was trying to narrow that gap with various mechanisms, such as child-care centres.

Concerning the domestic service draft law, now before Parliament, there were 10 unions of domestic workers, and the law referred to employees in the domestic setting.  The delegate said that small and mid-sized employers provided the largest portion of employment in Argentina, at more than 70 per cent of the jobs, and there were women leaders in those organizations.

Regarding health issues, Ms. Ferro said that, since 2007, there was a programme regarding unsafe abortions and legal abortions to enable women of all ages to understand the risks, such as the risk to their life.

MARIANO LUONGO, National Director of the Ministry of Social Development, stated that since the country’s economic crisis in 2001, poverty had dropped from 40 per cent to 12 per cent for women, and in the cases of girls, who had a greater incident of poverty until age 17, from 60 per cent during the crisis to 20.4 per cent presently.  Ninety percent of children were now covered by social security, and the Ministry was actively seeking out those who were not.  It was also establishing new programmes to “strike pockets of poverty wherever they exist”.  In the poorest provinces, Formosa being an example, the budget for 2008-2010 had been increased by 17 per cent compared to previous years. 

GUILLERMO MARTINI, of the Family Agricultural Ministry, pointed out that his Ministry’s budget had enjoyed over a 2000 per cent increase.  There were several plans, some nationally funded, some funded through international sources, such as the World Bank, which supported a large range of initiatives, among them social agricultural programmes and small to medium-sized farms, regional associations and provincial programmes.  The Ministry had 1,030 officials who were installed in 21 provinces, with eight who worked within the indigent sector.  Those officials were required to speak the language of the communities and be familiar with local customs. 

In addition, there were up to 1,200 small farming community associations and a family agricultural forum with 52 members, of which 72 per cent were women, he said.  Support was provided to ensure that women participated in decision-making and became agents of change in their families and communities.

He added that his Ministry also was linked to other ministries, in order to work jointly on health, nutrition and food plans, among which was a programme that provided false teeth to combat a widespread problem resulting from poor nutrition.  He emphasized that, in each province, there were task forces with 151 technicians dedicated to rural women’s issues.

Ms. PRIGOSHIN said that the national Government would be developing more clear statistical information and was currently developing a centre to monitor domestic violence against women.  Regarding media violence, she said that issue was covered by media law, which had a specific set of provisions and policies to reduce violence in the media.

Experts’ Comments and Questions

Ms. HALPERIN-KADDARI, expert from Israel, said the Committee had learned today that the Parliament would consider this week a new law on equal marriages and she would like more information about that law.  She also asked several questions regarding the country’s divorce laws, seeking more specific information about the legislation concerning the distribution of property, land and housing.  Did the law recognize the non-financial contribution of women to the household?  And, was there specific legal aid for women during divorce?

Country Response

A delegate said that the bill, which was to appear before the Senate tomorrow, referred to marriage between people of the same sex.  Regarding divorce law, marriage law covered all the property acquired during marriage on an equal basis; the property was divided on a 50-50 basis.

Follow-up Questions

Ms. HALPERIN-KADDARI asked how women living in the informal sector exercised their property rights.

Country Response

Ms. PRIGOSHIN said she was not clear concerning the question about unregistered housing.  But, if a property was registered in the gentleman’s name and not the lady’s name, then the woman could stay in the home until the children reached adult age.

Committee Chairperson Ms. GABR thanked the Argentine delegation for its presentation and hard work.  She hoped its work would continue to help women address the challenges in their daily lives and that it would expand throughout the country to all women, including rural women, older women, and disabled women.

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