Report of CEDAW, Thirteenth session: A/49/38 Sessional/Annual Report of Committee
[Original: English/French/Spanish]
[12 April 1994]
CONTENTS
Chapter Paragraphs Page
LETTER OF TRANSMITTAL .................................................. vi
I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES ............... 1
A. General recommendation 21 .................................... 1
B. Suggestions .................................................. 10
Suggestion 5 ................................................. 10
Suggestion 6 ................................................. 10
C. Other matters ................................................ 12
1. Reservations to the Convention ........................... 12
2. Adequate meeting time to consider reports of States
parties .................................................. 14
3. Overdue reports .......................................... 14
II. ORGANIZATIONAL AND OTHER MATTERS ..................... 1 - 29 16
A. States parties to the Convention ................. 1 - 2 16
B. Opening of the session ........................... 3 - 8 16
C. Membership and attendance ........................ 9 17
D. Adoption of the agenda ........................... 10 17
E. Report of the pre-session working group .......... 11 - 21 17
F. Organization of work ............................. 22 19
G. Composition and organization of work of the
working groups ................................... 23 - 29 19
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE ............................................ 30 - 35 21
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION ................... 36 - 776 23
A. Introduction ..................................... 36 - 37 23
B. Consideration of reports ......................... 38 - 776 23
CONTENTS (continued)
Chapter Paragraphs Page
1. Initial reports .............................. 38 - 368 23
Guatemala .................................... 38 - 87 23
Guyana ....................................... 88 - 125 31
Libyan Arab Jamahiriya ....................... 126 - 185 38
Madagascar ................................... 186 - 244 45
Netherlands .................................. 245 - 317 53
Zambia ....................................... 318 - 368 63
2. Second and third periodic reports ............ 369 - 728 71
Australia .................................... 370 - 412 72
Barbados ..................................... 413 - 449 80
Colombia ..................................... 450 - 498 86
Ecuador ...................................... 499 - 545 94
Japan ........................................ 546 - 607 101
New Zealand .................................. 608 - 665 111
Senegal ...................................... 666 - 728 120
3. Reports submitted on an exceptional basis .... 729 - 776 128
Bosnia and Herzegovina ....................... 732 - 757 128
Federal Republic of Yugoslavia (Serbia and
Montenegro) .................................. 758 - 776 133
V. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ....... 777 - 783 139
Action taken by the Committee on the report of Working
Group II ............................................. 779 - 783 139
VI. WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE 784 - 823 140
A. Action taken by the Committee on the report of
Working Group I .................................. 805 - 821 143
B. Plan of activities of the Centre for Human Rights
of the United Nations Secretariat ................ 822 145
C. Feasibility of preparing an optional protocol to
the Convention ................................... 823 145
CONTENTS
Chapter Paragraphs Page
VII. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL
CONFERENCES .......................................... 824 - 840 146
A. Fourth World Conference on Women ................. 824 - 830 146
B. International Conference on Population and
Development ...................................... 831 149
C. World Summit for Social Development .............. 832 - 840 149
VIII. PROVISIONAL AGENDA FOR THE FOURTEENTH SESSION OF THE
COMMITTEE ............................................ 841 - 843 151
IX. ADOPTION OF THE REPORT ............................... 844 153
Annexes
I. States parties to the Convention on the Elimination of All Forms
of Discrimination against Women as at 4 February 1994 ............ 154
II. Membership of the Committee on the Elimination of Discrimination
against Women .................................................... 158
III. Documents before the Committee at its thirteenth session ......... 159
IV. Status of submission and consideration of reports submitted by
States parties under article 18 of the Convention on the
Elimination of All Forms of Discrimination against Women as at
4 February 1994 .................................................. 161
A. Initial reports .............................................. 161
B. Second periodic reports ...................................... 167
C. Third periodic reports ....................................... 171
D. Reports submitted on an exceptional basis .................... 174
LETTER OF TRANSMITTAL
4 February 1994
Sir,
I have the honour to refer to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women, according to which the Committee on the Elimination of Discrimination against Women, established pursuant to the Convention, "shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations on its activities".
The Committee on the Elimination of Discrimination against Women held its thirteenth session from 17 January to 4 February 1994 at United Nations Headquarters. It adopted the report on that session at its 258th and 259th meetings, on 4 February. The report is herewith submitted to you for transmission to the General Assembly at its forty-ninth session.
Accept, Sir, the assurances of my highest consideration.
(Signed) Ivanka CORTI
Chairperson
Committee on the Elimination
of Discrimination against Women
His Excellency Mr. Boutros Boutros-Ghali
Secretary-General of the United Nations
New York
I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES
A. General recommendation 21 (thirteenth session)
Equality in marriage and family relations
1. The Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180, annex) affirms the equality of human rights for women and men in society and in the family. The Convention has an important place among international treaties concerned with human rights.
2. Other conventions and declarations also confer great significance on the family and woman's status within it. These include the Universal Declaration of Human Rights (General Assembly resolution 217/A (III)), the International Covenant on Civil and Political Rights (resolution 2200 A (XXI), annex), the Convention on the Nationality of Married Women (resolution 1040 (XI), annex), the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for the Advancement of Women. 1/
3. The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.
Background
4. The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women's basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.
5. Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three articles in the Convention that have special significance for the status of women in the family:
Article 9
1. States parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
2. States parties shall grant women equal rights with men with respect to the nationality of their children.
Comment
6. Nationality is critical to full participation in society. In general, States confer nationality on those who are born in that country. Nationality can also be acquired by reason of settlement or granted for humanitarian reasons such as statelessness. Without status as nationals or citizens, women are deprived of the right to vote or to stand for public office and may be denied access to public benefits and a choice of residence. Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage or because her husband or father changes his nationality.
Article 15
1. States parties shall accord to women equality with men before the law.
2. States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
Comment
7. When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband's or a male relative's concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman's ability to provide for herself and her dependents.
8. A woman's right to bring litigation is limited in some countries by law or by her access to legal advice and her ability to seek redress from the courts. In others, her status as a witness or her evidence is accorded less respect or weight than that of a man. Such laws or customs limit the woman's right effectively to pursue or retain her equal share of property and diminish her standing as an independent, responsible and valued member of her community. When countries limit a woman's legal capacity by their laws, or permit individuals or institutions to do the same, they are denying women their rights to be equal with men and restricting women's ability to provide for themselves and their dependents.
9. Domicile is a concept in common law countries referring to the country in which a person intends to reside and to whose jurisdiction she will submit. Domicile is originally acquired by a child through its parents but, in adulthood, denotes the country in which a person normally resides and in which she intends to reside permanently. As in the case of nationality, the examination of States parties' reports demonstrates that a woman will not always be permitted at law to choose her own domicile. Domicile, like nationality, should be capable of change at will by an adult woman regardless of her marital status. Any restrictions on a woman's right to choose a domicile on the same basis as a man may limit her access to the courts in the country in which she lives or prevent her from entering and leaving a country freely and in her own right.
10. Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
Article 16
1. States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
Comment
Public and private life
11. Historically, human activity in public and private life has been viewed differently and regulated accordingly. In all societies women who have traditionally performed their roles in the private or domestic sphere have long had those activities treated as inferior.
12. As such activities are invaluable for the survival of society, there can be no justification for applying different and discriminatory laws or customs to them. Reports of States parties disclose that there are still countries where de jure equality does not exist. Women are thereby prevented from having equal access to resources and from enjoying equality of status in the family and society. Even where de jure equality exists, all societies assign different roles, which are regarded as inferior, to women. In this way, principles of justice and equality contained in particular in article 16 and also in articles 2, 5 and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to State, and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family both at law and in private must accord with the principles of equality and justice for all people, as article 2 of the Convention requires.
Polygamous marriages
14. States parties' reports also disclose that polygamy is practised in a number of countries. Polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependents that such marriages ought to be discouraged and prohibited. The Committee notes with concern that some States parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance with personal or customary law. This violates the constitutional rights of women, and breaches the provisions of article 5 (a) of the Convention.
Article 16 (1) (a) and (b)
15. While most countries report that national constitutions and laws comply with the Convention, custom, tradition and failure to enforce these laws in reality contravene the Convention.
16. A woman's right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being. An examination of States parties' reports discloses that there are countries which, on the basis of custom, religious beliefs or the ethnic origins of particular groups of people, permit forced marriages or remarriages. Other countries allow a woman's marriage to be arranged for payment or preferment and in others women's poverty forces them to marry foreign nationals for financial security. Subject to reasonable restrictions based for example on a woman's youth or consanguinity with her partner, a woman's right to choose when, if, and whom she will marry must be protected and enforced at law.
Article 16 (1) (c)
17. An examination of States parties' reports discloses that many countries in their legal systems provide for the rights and responsibilities of married partners by relying on the application of common law principles, religious or customary law, rather than by complying with the principles contained in the Convention. These variations in law and practice relating to marriage have wide-ranging consequences for women, invariably restricting their rights to equal status and responsibility within marriage. Such limitations often result in the husband being accorded the status of head of household and primary decision maker and therefore contravene the provisions of the Convention.
18. Moreover, generally a de facto union is not given legal protection at all. Women living in such relationships should have their equality of status with men both in family life and in the sharing of income and assets protected by law. Such women should share equal rights and responsibilities with men for the care and raising of dependent children or family members.
Article 16 (1) (d) and (f)
19. As provided in article 5 (b), most States recognize the shared responsibility of parents for the care, protection and maintenance of children. The principle that "the best interests of the child shall be the paramount consideration", has been included in the Convention on the Rights of the Child (General Assembly resolution 44/25, annex) and seems now to be universally accepted. However, in practice, some countries do not observe the principle of granting the parents of children equal status, particularly when they are not married. The children of such unions do not always enjoy the same status as those born in wedlock and, where the mothers are divorced or living apart, many fathers fail to share the responsibility of care, protection and maintenance of their children.
20. The shared rights and responsibilities enunciated in the Convention should be enforced at law and as appropriate through legal concepts of guardianship, wardship, trusteeship and adoption. States parties should ensure that by their laws both parents, regardless of their marital status and whether they live with their children or not, share equal rights and responsibilities for their children.
Article 16 (1) (e)
21. The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women's lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children.
22. Some reports disclose coercive practices which have serious consequences for women, such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while preferably made in consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government. In order to make an informed decision about safe and reliable contraceptive measures, women must have information about contraceptive measures and their use, and guaranteed access to sex education and family planning services, as provided in article 10 (h) of the Convention.
23. There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improves. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development.
Article 16 (1) (g)
24. A stable family is one which is based on principles of equity, justice and individual fulfilment for each member. Each partner must therefore have the right to choose a profession or employment that is best suited to his or her abilities, qualifications and aspirations, as provided in article 11 (a) and (c) of the Convention. Moreover, each partner should have the right to choose his or her name, thereby preserving individuality and identity in the community and distinguishing that person from other members of society. When by law or custom a woman is obliged to change her name on marriage or at its dissolution, she is denied these rights.
Article 16 (1) (h)
25. The rights provided in this article overlap with and complement those in article 15 (2) in which an obligation is placed on States to give women equal rights to enter into and conclude contracts and to administer property.
26. Article 15 (1) guarantees women equality with men before the law. The right to own, manage, enjoy and dispose of property is central to a woman's right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.
27. In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.
28. In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman's practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.
29. All of these rights should be guaranteed regardless of a woman's marital status.
Marital property
30. There are countries that do not acknowledge that right of women to own an equal share of the property with the husband during a marriage or de facto relationship and when that marriage or relationship ends. Many countries recognize that right, but the practical ability of women to exercise it may be limited by legal precedent or custom.
31. Even when these legal rights are vested in women, and the courts enforce them, property owned by a woman during marriage or on divorce may be managed by a man. In many States, including those where there is a community-property regime, there is no legal requirement that a woman be consulted when property owned by the parties during marriage or de facto relationship is sold or otherwise disposed of. This limits the woman's ability to control disposition of the property or the income derived from it.
32. In some countries, on division of marital property, greater emphasis is placed on financial contributions to property acquired during a marriage, and other contributions, such as raising children, caring for elderly relatives and discharging household duties are diminished. Often, such contributions of a non-financial nature by the wife enable the husband to earn an income and increase the assets. Financial and non-financial contributions should be accorded the same weight.
33. In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should be revoked and discouraged.
Inheritance
34. Reports of States parties should include comment on the legal or customary provisions relating to inheritance laws as they affect the status of women as provided in the Convention and in Economic and Social Council resolution 884 D (XXXIV), in which the Council recommended that States ensure that men and women in the same degree of relationship to a deceased are entitled to equal shares in the estate and to equal rank in the order of succession. That provision has not been generally implemented.
35. There are many countries where the law and practice concerning inheritance and property result in serious discrimination against women. As a result of this uneven treatment, women may receive a smaller share of the husband's or father's property at his death than would widowers and sons. In some instances, women are granted limited and controlled rights and receive income only from the deceased's property. Often inheritance rights for widows do not reflect the principles of equal ownership of property acquired during marriage. Such provisions contravene the Convention and should be abolished.
Article 16 (2)
36. In the Vienna Declaration and Programme of Action 2/ adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws and regulations and to remove customs and practices which discriminate against and cause harm to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child preclude States parties from permitting or giving validity to a marriage between persons who have not attained their majority. In the context of the Convention on the Rights of the Child, "a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier". Notwithstanding this definition, and bearing in mind the provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage should be 18 years for both man and woman. When men and women marry, they assume important responsibilities. Consequently, marriage should not be permitted before they have attained full maturity and capacity to act. According to the World Health Organization, when minors, particularly girls, marry and have children, their health can be adversely affected and their education is impeded. As a result their economic autonomy is restricted.
37. This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities.
38. Some countries provide for different ages for marriage for men and women. As such provisions assume incorrectly that women have a different rate of intellectual development from men, or that their stage of physical and intellectual development at marriage is immaterial, these provisions should be abolished. In other countries, the betrothal of girls or undertakings by family members on their behalf is permitted. Such measures contravene not only the Convention, but also a woman's right freely to choose her partner.
39. States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.
Recommendations
Violence against women
40. In considering the place of women in family life, the Committee wishes to stress that the provisions of general recommendation 19 (eleventh session) 3/ concerning violence against women have great significance for women's abilities to enjoy rights and freedoms on an equal basis with men. States parties are urged to comply with that general recommendation to ensure that, in both public and family life, women will be free of the gender-based violence that so seriously impedes their rights and freedoms as individuals.
Reservations
41. The Committee has noted with alarm the number of States parties which have entered reservations to the whole or part of article 16, especially when a reservation has also been entered to article 2, claiming that compliance may conflict with a commonly held vision of the family based, inter alia, on cultural or religious beliefs or on the country's economic or political status.
42. Many of these countries hold a belief in the patriarchal structure of a family which places a father, husband or son in a favourable position. In some countries where fundamentalist or other extremist views or economic hardships have encouraged a return to old values and traditions, women's place in the family has deteriorated sharply. In others, where it has been recognized that a modern society depends for its economic advance and for the general good of the community on involving all adults equally, regardless of gender, these taboos and reactionary or extremist ideas have progressively been discouraged.
43. Consistent with articles 2, 3 and 24 in particular, the Committee requires that all States parties gradually progress to a stage where, by its resolute discouragement of notions of the inequality of women in the home, each country will withdraw its reservation, in particular to articles 9, 15 and 16 of the Convention.
44. States parties should resolutely discourage any notions of inequality of women and men which are affirmed by laws, or by religious or private law or by custom, and progress to the stage where reservations, particularly to article 16, will be withdrawn.
45. The Committee noted, on the basis of its examination of initial and subsequent periodic reports, that in some States parties to the Convention that had ratified or acceded without reservation, certain laws, especially those dealing with family, do not actually conform to the provisions of the Convention.
46. Their laws still contain many measures which discriminate against women based on norms, customs and socio-cultural prejudices. These States, because of their specific situation regarding these articles, make it difficult for the Committee to evaluate and understand the status of women.
47. The Committee, in particular on the basis of articles 1 and 2 of the Convention, requests that those States parties make the necessary efforts to examine the de facto situation relating to the issues and to introduce the required measures in their national legislations still containing provisions discriminatory to women.
Reports
48. Assisted by the comments in the present general recommendation, in their reports States parties should:
(a) Indicate the stage that has been reached in the country's progress to removal of all reservations to the Convention, in particular reservations to article 16;
(b) Set out whether their laws comply with the principles of articles 9, 15 and 16 and where, by reason of religious or private law or custom, compliance with the law or with the Convention is impeded.
Legislation
49. States parties should, where necessary to comply with the Convention, in particular in order to comply with articles 9, 15 and 16, enact and enforce legislation.
Encouraging compliance with the Convention
50. Assisted by the comments in the present general recommendation, and as required by articles 2, 3 and 24, States parties should introduce measures directed at encouraging full compliance with the principles of the Convention, particularly where religious or private law or custom conflict with those principles.
B. Suggestions
Suggestion 5. Feasibility of preparing an optional protocol
to the Convention
The Committee notes that the World Conference on Human Rights recommended:
"New procedures should also be adopted to strengthen implementation of the commitment to womens equality and the human rights of women. The Commission on the Status of Women and the Committee on the Elimination of Discrimination against Women should quickly examine the possibility of introducing the right of petition through the preparation of an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women." 4/
and on the basis of its discussion, it suggests:
(1) That the Commission on the Status of Women request the Secretary-General of the United Nations to convene an expert group meeting to prepare a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women providing for a complaints procedure. The expert group should be composed of 5 to 10 independent experts with a knowledge of the different forms of civilization and the principal legal systems and a knowledge of international law and the experience of the other human rights treaty bodies, in the preparation and operation of optimal protocols.
(2) The expert group meeting should be convened during 1994. Upon the nomination of the experts by the Secretary-General, the secretariat of the Division for the Advancement of Women should seek written suggestions from the independent experts as to the elements which the optional protocol should comprise. The secretariat should, from those suggestions, compile a working document, which should be circulated to the experts prior to their meeting.
(3) The Chairperson should designate one of the members to participate in the preliminary exchange of suggestions and in the compilation of the working document. That member should also participate in the expert group meeting.
(4) The report on the expert group meeting should be presented first to the Committee on the Elimination of Discrimination against Women for its comment and then to the Commission on the Status of Women for action.
Suggestion 6. International Conference on Population
and Development
The Committee on the Elimination of Discrimination against Women,
Bearing in mind that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,
Recalling that the Convention on the Elimination of All Forms of Discrimination against Women states that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields,
Recalling also that the International Conference on Population and Development, to be held at Cairo from 5 to 13 September 1994, is being held at a time when profound political, economic, social and cultural changes are taking place and when it is being recognized that the role of both men and women is the central force in sustainable development, that women constitute the majority of the world population and that the interdependence of their status with economic growth, the elimination of poverty, sustainable development and population issues,
Noting that in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, it is stated that the human rights of women and of the girl child are an inalienable, integral and indivisible part of universal human rights and that the full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community, 5/
1. Reiterates the provisions of the Convention on the Elimination of All Forms of Discrimination against Women bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children;
2. Further reiterates that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole;
3. Reaffirms that women should have, on the basis of equality, the same rights as men to decide freely and responsibly on the number and spacing of their children and to have access to complete information on alternative forms of safe family planning methods and services, including education and means to enable them to exercise these rights;
4. Notes that there is a vicious cycle of women's illiteracy, poverty, high fertility rates and discrimination in formal and informal employment, as well as an interrelation of these issues with population and development issues, and that due attention must therefore be given to this interdependence in any population and development policies as well as to allowing women equal participation in the relevant governmental and non-governmental decision-making processes;
5. Reaffirms the objective of the International Conference on Population and Development to raise the quality of life for all people, notably through the guarantee of human rights, the alleviation of poverty, the creation of employment in the formal sector and protection and access to social benefits of women working in the informal sector and the improvement of health, education, nutrition and housing, and considers that, as women are generally the poorest of the poor, eliminating social, cultural, economic and political discrimination against women is a prerequisite for attaining the human rights of women and for enhancing the quality of life of the people, as well as reducing poverty, promoting economic growth and achieving sound population policies;
6. Recognizes that, in view of the increase in the number of female-headed households who are among the poorest sectors of the population, special measures should be carried out to provide for the special needs of female-headed families and that due attention should be paid to them in all aspects of population and development policies;
7. Strongly emphasizes that one of the main objectives of the Conference is to eliminate discrimination against the girl child and increase public awareness of her value as a human being, both before and after her birth; to eliminate the root causes of preferences for sons; to strengthen the girl child's self-image and self-esteem and improve the status of the girl child, especially with regard to health, nutrition and education, and to raise the minimum age of marriage of girls to 18;
8. Takes note of the economic contribution of women's domestic work and other non-remunerated work, as well as the product of their functions in the informal sector, and considers that due attention should be paid to the recognition of the value of that work in research and in calculating gross national product, which forms the basis of development and population policies and programmes, and to the necessity of eliminating all discriminatory practices impeding women's work in those areas when formulating development and population policies;
9. Recommends that, in the formulation of sustainable development policies, particularly for poor rural and urban areas, the needs and tasks of women, and their impact on natural resources, should be recognized and that women should participate in governmental and non-governmental decision-making processes on these issues on equal terms with men;
10. Notes that the severe economic situation facing many nations, both developed and developing, as well as structural adjustment programmes and the concomitant reduction in social programmes, have serious implications for the people;
11. Also notes that those implications occur particularly at the grass-roots level, where women who comprise the majority suffer disproportionately from the transition and adjustment periods;
12. Calls for appropriate measures to be carried out by Governments and international organizations and financial institutions to alleviate the burden imposed in the life of men and women and their families in this respect.
C. Other matters
1. Reservations to the Convention
1. In view of its frequently expressed concern about reservations to the Convention, and bearing in mind the recommendation of the World Conference on Human Rights that States be encouraged "to consider limiting the extent of any reservations they lodge to international human rights instruments, formulate any reservations as precisely and narrowly as possible, ensure that none is incompatible with the object and purpose of the relevant treaty and regularly review any reservations with a view to withdrawing them," 6/ the Committee decided to take further steps to address the issue.
2. The Committee has on a number of occasions raised the issue of reservations to the Convention. It recognizes that the Convention allows reservations so that a maximum number of States can become parties. However, article 28 of the Convention provides, inter alia: "A reservation incompatible with the object and purpose of the present Convention shall not be permitted".
3. At its twelfth session, the Committee recalled that it had raised the issue of reservations to the Convention at its previous sessions and that at its eleventh session it had recommended, inter alia, that, in connection with preparations for the World Conference on Human Rights in 1993, States parties should raise the question of the validity and legal effect of reservations to the Convention in the context of reservations to other human rights treaties (general recommendation 20). The Committee subscribes to the recommendation of the Conference quoted in paragraph 1 above.
4. The Committee decides to bring again to the attention of the States parties the seriousness with which the Committee considers the problem of reservations and requests that this concern be conveyed to the seventh meeting of States parties.
5. The Committee decides to amend the guidelines for the preparation of initial and subsequent periodic reports, to include a section indicating how the Committee would like States parties which have entered reservations to report on this. The text of the amendment would read as follows:
Each State party that has entered substantive reservations to the Convention should include information on them in each of its periodic reports.
In reporting on reservations, the State party should indicate why it considered the reservation to be necessary and whether reservations the State party may or may not have entered on obligations with regard to the same rights in other conventions are consistent with the reservations to the Convention on the Elimination of All Forms of Discrimination against Women, as well as the precise effect of the reservation in terms of national law and policy. It should indicate the plans that it has to limit the effect of reservations and ultimately withdraw them and, whenever possible, specify a timetable for withdrawing them.
States parties which have entered general reservations that do not refer to a specific article of the Convention or reservations to articles 2 and 3 should make a particular effort to report on the effect and interpretation of them. The Committee considers these to be incompatible with the object and purpose of the present Convention.
6. The Committee also requests that a special letter be sent by the Secretary-General to those States parties that have entered substantive reservations to the Convention drawing their attention to the Committee's concern.
7. The Committee recommends that the programme of advisory services of the Centre for Human Rights and of the Division for the Advancement of Women provide, on request, advice to States parties on the withdrawal of reservations.
8. The Committee requests the Secretariat to bring the Committee's concern about reservations to the attention of the Commission on the Status of Women and the Commission on Human Rights, as well as to the other human rights treaty bodies.
9. The Committee further requests that the Secretariat, in preparing analyses of reports of individual States parties, include in the analysis an indication of reservations made by the State to other human rights conventions on the same human rights.
10. The Committee decides, for those States parties that have entered substantive reservations, to include in the concluding observations it prepares following the review of their periodic reports a section in which the Committee's views on the reservations would be reflected.
11. The Committee notes that a number of States parties which consider reservations of other States parties to be incompatible with the object and purpose of the Convention enter objections to the reservations. It encourages those States to enter into a dialogue on a bilateral basis with the States to whose reservations they object with a view to finding a solution.
2. Adequate meeting time to consider reports of States parties
12. The backlog of reports pending consideration by the Committee is now very large and is growing since the number of States parties is increasing. Moreover, if an effort is made to encourage States with overdue reports to submit them, the size of the backlog will increase further. If States currently parties to the Convention were to report on schedule, the Committee would be expected to consider 30 reports per session. There is now an average of three years between the time a State party submits its report and its consideration by the Committee. This is itself a disincentive to report and leads to the need for the State to present additional information to update the report which, in turn, increases the volume of documentation that must be considered by the Committee.
13. The limitation on the duration of sessions of the Committee contained in the Convention has become a serious obstacle. The temporary extension of sessions to three weeks cannot be expected to eliminate the backlog.
14. The Committee therefore recommends that the States parties undertake to amend, on an exceptional basis and with reference only to the workings of the Committee, article 20 of the Convention to allow the Committee to meet annually to consider reports submitted in accordance with article 18. It further recommends that the General Assembly, pending the completion of an amendment process, authorize the Committee to meet, exceptionally, for two sessions of three weeks duration each preceded by a pre-session working group starting in 1995 and in the biennium 1996-1997.
15. It requests the Secretariat to bring this recommendation to the attention of the States parties at their seventh meeting in February 1994.
3. Overdue reports
16. The Committee notes with alarm that 38 States parties have not yet submitted initial reports. It recalls its decision to permit States parties whose reports are long overdue to combine reports. It requests the Secretariat to bring this matter to the attention of the seventh meeting of States parties and, in cooperation with relevant organizations of the United Nations system, to provide advisory services, on request, to countries in preparing their reports.
II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. On 4 February 1994, the closing date of the thirteenth session of the Committee on the Elimination of Discrimination against Women, there were 132 States parties to the Convention on the Elimination of All Forms of Discrimination against Women, which was adopted by the General Assembly in its resolution 34/180 of 18 December 1979, and opened for signature, ratification and accession in New York in March 1980. In accordance with article 27, the Convention entered into force on 3 September 1981.
2. A list of States parties to the Convention is contained in annex I to the present report.
B. Opening of the session
3. The Committee on the Elimination of Discrimination against Women held its thirteenth session at United Nations Headquarters from 17 January to 4 February 1994. The Committee held 27 plenary meetings (233rd to 259th meetings) and its two working groups each held 6 closed meetings. A third informal working group met four times.
4. The session was opened by the Chairperson of the Committee, Ivanka Corti, who had been elected at the twelfth session of the Committee in January 1993.
5. In her opening statement, the Secretary-General of the Fourth World Conference on Women stated that the Committee was considered one of the preparatory bodies for the Conference. The Conference, to be held in Beijing in 1995, was an opportunity for the Committee to assess the implementation of the Convention.
6. The Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in 1993, had underlined the importance of women's rights as human rights, while at the same time expressing concern that, although women had the same human rights as men, they did not enjoy them as much as men did. The Declaration had also underlined the importance of the integration and full participation of women, as a human right, in the sustainable development process both as agents and beneficiaries, and had emphasized that new procedures should be adopted to strengthen implementation of the commitment to equality and human rights as they related to women. The Conference had asked both the Commission on the Status of Women and the Committee on the Elimination of Discrimination against Women to examine the possibility of introducing the right of individual petition through the preparation of an optional protocol to the Convention and had asked the Committee to continue its review of those reservations that ran contrary to the object and purpose of the Convention or which were otherwise incompatible with international treaty law.
7. She said that Latin America and the Caribbean had become the first region where all States Members of the United Nations were parties to the Convention, and expressed the hope that other regions would do likewise prior to the Conference. It would be a great affirmation of the world's commitment to the protection and implementation of human rights as they related to women if, by the time of the Conference, the Convention became the first human rights instrument to achieve universal ratification without reservations.
8. The preparations for the Fourth World Conference on Women meant that it would no longer be "business as usual" in programmes dealing with the advancement of women. As one of the preparatory bodies for the Conference, the Committee could contribute to its preparation by providing guidelines on how best to ensure that the human rights of women could be enjoyed.
C. Membership and attendance
9. All the members of the Committee, with the exception of Ryoko Akamatsu, attended the thirteenth session. Kongit Sinegiorgis attended the session from 26 January to 4 February and Rose N. Ukeje from 20 January to 4 February 1994. For the membership of the Committee, see annex II.
D. Adoption of the agenda
10. The Committee considered the provisional agenda (CEDAW/C/1994/1) at its 233rd meeting, on 17 January. The agenda as adopted was as follows:
1. Opening of the session.
2. Adoption of the agenda and organization of work.
3. Report of the Chairperson on the activities undertaken between the twelfth and the thirteenth sessions of the Committee.
4. Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women.
5. Implementation of article 21 of the Convention on the Elimination of All Forms of Discrimination against Women.
6. Ways and means of expediting the work of the Committee on the Elimination of Discrimination against Women.
7. Contributions of the Committee on the Elimination of Discrimination against Women to international conferences.
8. Provisional agenda for the fourteenth session.
9. Adoption of the report of the Committee on the Elimination of Discrimination against Women on its thirteenth session.
E. Report of the pre-session working group
11. The Committee had decided at its ninth session 7/ to convene a pre-session working group for five days before each session to prepare lists of questions relating to the second and subsequent periodic reports that would be considered by the Committee at the session.
12. The Committee, wishing to reflect in those lists the ideas and views of various members of the Committee, decided that they should continue to submit to the Secretariat draft questions on specific countries and articles of the Convention prior to the meeting of the Working Group.
13. Following the request of the Committee, the Secretariat prepared an analysis of each State party's report based on the information presented in the initial report and in subsequent reports, and using supplementary statistical data from other United Nations sources, in order to provide information in respect of questions to which answers were still pending. In compliance with the request, the analyses also drew on other reports about the country that were available, prepared by other human rights treaty bodies or in accordance with conventions of the specialized agencies of the United Nations system. The analyses also contained, where appropriate, information specifically provided by the specialized agencies and extracts from the statistics of the United Nations Children's Fund (UNICEF).
14. The Committee had proposed five members to form the pre-session Working Group. The members present were: Carlota Bustelo, Norma Monica Forde, Tatiana Nikolaeva and Ahoua Ouedraogo. The fifth member, Salma Khan, was not able to attend.
15. The pre-session Working Group held 10 meetings, including 3 drafting sessions, at United Nations Headquarters, from 10 to 14 January 1994. Norma Monica Forde was elected as Chairperson.
16. According to the provisional agenda of the Committee (CEDAW/C/1994/1), the Working Group had to prepare lists of questions for seven countries: Australia, Barbados, Colombia, Ecuador, Japan, New Zealand and Senegal.
17. For the preparation of the lists, the Working Group had before it the reports of those seven countries; the general guidelines regarding the form and contents of periodic reports (CEDAW/C/7); the general recommendations adopted by the Committee; and the draft lists of questions received from six members of the Committee. Further reference materials included the declarations, reservations, objections and notifications of the withdrawal of reservations relating to the Convention (CEDAW/SP/1994/2); the analyses, prepared by the Secretariat, of the second periodic reports of Australia, Ecuador, Japan, New Zealand and Senegal; the combined second and third periodic reports of Barbados and Colombia and the third periodic reports of Ecuador and Japan, as well as information material received from non-governmental organizations.
18. In preparing the lists of questions, the pre-session Working Group followed the suggestion of the Committee to concentrate on a limited number of questions, to focus on analytical and qualitative aspects rather than on specific questions and to underline the achievements, remaining obstacles and matters in respect of which further information should be provided. The Working Group endeavoured to include questions that reflected, as far as possible, the Committee's more general concerns as they applied to the report under consideration.
19. As in previous years, the Working Group allocated to each of its members the main responsibility for and coordination of the preparation of a preliminary list of questions on one or two countries. Each draft was subsequently discussed, revised and amended.
20. The lists of questions drawn up by the Working Group are contained in the report of the pre-session Working Group (CEDAW/C/1994/CRP.2), which the Committee had before it. The Working Group, as authorized by the Committee, transmitted each list directly to the State party concerned on 14 January 1994.
21. The Working Group paid tribute to and recognized the value of the work done by non-governmental organizations in providing additional information material. The Working Group commented on the length of some reports and the problems related to the late submission of additional or revised reports by some countries.
F. Organization of work
22. The Committee considered its organization of work (CEDAW/C/1994/CRP.1) at its 233rd meeting.
G. Composition and organization of work of the
working groups
23. At its 233rd and 238th meetings, on 17 and 19 January, the Committee agreed on the composition of its two standing Working Groups: Working Group I to consider and suggest ways and means of expediting the work of the Committee and Working Group II to consider ways and means of discharging its responsibilities under article 21 of the Convention, in particular through its consideration of articles 7 and 8.
24. Working Group I was composed of the following members of the Committee: Emna Aouij, Dora Bravo Nuñez de Ramsey, Norma Monica Forde, Liliana Gurdulich de Correa, Zagorka Ilic, Lin Shangzhen, Pirkko Anneli Mäkinen, Elsa Victoria Muñoz-Gómez, Tatiana Nikolaeva, Ahoua Ouedraogo, Hanna Beate Schöpp-Schilling, Kongit Sinegiorgis, Mervat Tallawy and Rose N. Ukeje.
25. Working Group II was composed of the following members of the Committee: Charlotte Abaka, Gül Aykor, Carlota Bustelo García del Real, Silvia Rose Cartwright, Ivanka Corti, Evangelina García-Prince, Salma Khan and Teresita Quintos-Deles.
26. At its 237th meeting, on 20 January, the Committee also decided to organize Working Group III to deal with issues concerning, among others, the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights. Working Group III was composed of the following members of the Committee: Silvia Rose Cartwright, Ivanka Corti, Norma Monica Forde, Zagorka Ilic, Hanna Beate Schöpp-Schilling, Kongit Sinegiorgis and Mervat Tallawy.
Working Group I
27. The Committee agreed on the following draft programme of work for Working Group I:
(a) Reservations to the Convention;
(b) Adequate meeting time to consider reports of States parties;
(c) Overdue reports;
(d) Secretariat servicing of the Committee;
(e) Venue of the session;
(f) Review of the rules of procedure;
(g) Formulation of Committee comments on the reports of States parties;
(h) Organization of the fourteenth session of the Committee;
(i) Reports to be considered at the fourteenth session;
(j) Provisional agenda for the fourteenth session.
Working Group II
28. The Committee agreed on the following draft programme of work for Working Group II:
(a) Analysis of articles 7 and 8 of the Convention;
(b) Contribution of the Committee to the Fourth World Conference on Women;
(c) Contribution of the Committee to the World Summit for Social Development.
Working Group III
29. The Committee agreed on the following draft programme of work for Working Group III:
(a) Relations with the Centre for Human Rights:
(i) Next meeting of the Human Rights Committee;
(ii) Appointment of the official rapporteur on violence;
(iii) Plan of action of the Centre for Human Rights;
(iv) Human rights education (reply to the Assistant Secretary-General for Human Rights);
(v) Issues to be dealt with at the next meeting of Chairpersons;
(vi) Improvement of cooperation between human rights committees and their secretariats;
(b) Input (suggestions) to the International Conference on Population and Development;
(c) Feasibility of drafting an optional protocol.
III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE
30. In her introductory statement, the Chairperson of the Committee gave an overview of the activities undertaken during the past 12 months and the results achieved. In an effort to increase the visibility of the Committee, she had participated, in her capacity as chairperson, in the thirty-seventh session of the Commission on the Status of Women, the World Conference on Human Rights, the meetings of the Third Committee of the General Assembly during its discussion of the agenda item entitled "Advancement of women" and other international conferences and events. She had frequently been confronted with a regrettable lack of knowledge about the Convention and the Committee. The limited financial and human resources of the secretariat were one of the reasons why so few outreach activities could be undertaken in the past.
31. In her contacts with the specialized agencies, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Population Fund (UNFPA), UNICEF and the World Health Organization (WHO), she had received positive feedback and indications of possible cooperation, for example, in the field of human rights education and the treatment of the rights of the girl child. She emphasized the important activities undertaken by non-governmental organizations active in women's rights and suggested investigating ways to utilize their contributions more actively.
32. The World Conference on Human Rights held at Vienna represented a milestone for the recognition of the human rights of women. She noted that suggestion 4 of the Committee had been a useful tool in drawing up the resolution elaborated by the Commission on the Status of Women for the Conference, and she supported the efforts of non-governmental organizations in amending the final document of the Conference. The Vienna Declaration and Programme of Action recognized the Convention on the Elimination of All Forms of Discrimination against Women as an important international instrument in the field of women's rights. It also put the Committee on an equal footing with other human rights treaty bodies. Concerning the plans being elaborated by the Centre for Human Rights of the United Nations Secretariat for the implementation of the Vienna Declaration, she said that the Committee should react immediately and suggest action on the areas relevant to its work.
33. Concerning the working methods of the Committee, the Chairperson suggested introducing a new procedure for the examination of the reports of States parties, in particular for the formulation of final observations, following procedures adopted by other human rights treaty bodies. She suggested that the Committee consider entrusting an expert, or experts, to take the lead in studying each report. The Committee might consider preparing questions on initial reports in the same way as it had prepared questions for second and subsequent reports.
34. With regard to reservations to the Convention, neither the Vienna Declaration and Programme of Action nor the recommendations of the persons chairing human rights treaty bodies had gone further than the previous proposals for reconsideration and withdrawal of reservations by States parties. However, the Committee had to look into the matter seriously and give its own opinion and suggestions on that important issue concerning the Convention.
35. Delay in the submission by States parties of reports due should be considered a violation of international obligations and should not prevent the Committee from examining the situation in a particular country and reaching final conclusions. She pointed out the need to prepare the Committee's contribution to the International Conference on Population and Development and to the World Summit for Social Development. The Committee might also wish to reflect on its input to the Fourth World Conference on Women, in addition to the compendium already foreseen. She emphasized the need to give effective expression to the recommendations concerning articles 9, 15 and 16 of the Convention, and suggested that the agreed text might be edited to make it more accessible, concise and flexible.
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION
A. Introduction
36. At its thirteenth session, the Committee considered the reports submitted by 13 States parties under article 18 of the Convention: four initial reports, two combined 8/ initial and second periodic reports, five second periodic reports, two combined 8/ second and third periodic reports and two third periodic reports. The Committee also considered two reports submitted on an exceptional basis. The Committee decided, for the first time, to prepare concluding comments on each report considered but, owing to its tight schedule, it was not able to prepare comments on all the reports. For the status of the submission of reports by States parties, see annex IV to the present report.
37. The Committee's consideration of the reports of the States parties is summarized below, with a summary of the introductory presentations by the representatives of the States parties, of the observations made and the questions asked by the members of the Committee, as well as of the replies given by the representatives of the States parties present at the meetings. The summary records provide more detailed information on the reports submitted by States parties. According to rule 49 of the rules of procedure of the Committee, when the report of a State party is being examined, the representative of the State party shall be present at the meeting of the Committee and shall participate in the discussion and answer questions concerning the report.
B. Consideration of reports
1. Initial reports*
Guatemala
38. The Committee considered the combined initial and second periodic reports of Guatemala (CEDAW/C/GUA/1-2 and Corr.1 and Amend.1) at its 242nd and 246th meetings, on 24 and 26 January (see CEDAW/C/SR.242 and 246).
39. In introducing the report, the representative of the Government said that unfortunately, owing to financial constraints, the persons most qualified to present the report could not come to address the meeting, but that all the Committee's comments and recommendations would be analysed and taken into consideration for the elaboration of future policies and in the preparation of the subsequent report. Gender-based studies had been undertaken and certain aspects had undergone changes owing to the successive changes in administration and government policy. She gave updated information concerning the Government and demographic data. On 5 June 1993, the state of law had been restored and, with the nomination of the new President, democracy had been reinstated. According to the most recent projections, women made up 49.5 per cent of the population, of which 62 per cent lived in rural areas. She assured the members that the new President placed special emphasis on the protection of human rights.
_________________________
* Including subsequent reports, if submitted, in those cases where the initial report of the State party had not yet been considered by the Committee.
General observations
40. Members welcomed the ratification of the Convention without reservations and the well-structured, extensive and frank report that had followed the Committee's guidelines and reflected the Government's effort to integrate women into the life of the nation. It was noted that all sectors of society were represented in the preparation of the report. However, it was felt that the report could have been more analytical and that it lacked information on the de facto situation and on policies carried out to enact related laws. It was suggested that the report did not clearly indicate whether progress had been made since the ratification of the Convention or whether the advancement of women had encountered many obstacles. The report was said to lack information on national programmes to implement the policy of non-discrimination.
41. Regret was expressed that no one from the body which had prepared the report had been able to attend the meeting. While the report stated that women were not discriminated against in the country, it was noted that the country was divided in terms of class and race and that there was discrimination against indigenous women. Experts asked whether the National Office of Women's Affairs was taking any measures to counteract that phenomenon. Members also drew attention to the fact that there was no reference to the shortcomings in the Civil Code, which contained provisions that were discriminatory to women, although they had been objected to by non-governmental organizations.
42. The Guatemalan delegation's answers to the questions put by the Committee were provided by a person who, according to a member of the Permanent Mission of Guatemala to the United Nations, represented a non-governmental organization active in the area of family matters.
43. In replying to the observations of the Committee, the representative of the Government emphasized the priority attached to women's issues in the country and said that, owing to the current austerity plan, it was difficult to send Government representatives from the country to international meetings. The socio-economic and political context in which the Convention was implemented had to be taken into account in order to determine whether national laws and their application were appropriate and whether or not they should be considered discriminatory to women. She said that an appeal had been made to the Constitutional Court regarding the unconstitutionality of certain provisions contained in the Civil Code. She read out the judgement that had been consequently handed down, in which the Constitutional Court said that the Constitution protected the person and the family, guaranteed freedom, the development of the human being, liberty, equal rights and equal opportunities and responsibilities for women and men and stipulated the protection of motherhood. The judgement rejected the claim of unconstitutionality and declared fully justified the status, circumstances, functions and roles of men and women, whose discriminatory nature gave rise to the application. Upon ratification, an international treaty such as the Convention automatically became part of the Constitution and made it mandatory for the State to adopt only legal measures that were not discriminatory towards either sex. According to that ruling, none of the legal provisions contained in the Civil Code was unconstitutional, and therefore contrary to the principle of non-discrimination.
44. The members of the Committee indicated that the reading of the judgement and the views expressed by the representative of the Government increased their concern at the discrimination institutionalized in law and given expression in values and mores. In their view, it was not only a matter of a flawed report; the existing situation, in which the fundamental human rights of Guatemalan women were being violated, must be dealt with more decisively, on the basis of an updated approach in keeping with the international commitments of the Government of Guatemala.
45. Members pointed out that no information was given in the report about any family-planning policy or about steps taken to upgrade the health of women and children. It was also not clear from the report whether the machinery to implement policies to promote the status of women had been upgraded.
46. Members noted the significant responsibilities of women in Guatemala, including those for health, hygiene and family nutrition, but that women were not given the same importance as men in outside work and in politics.
47. It was observed that political violence conditioned people to tolerate violence in general, which had an effect on attitudes towards violence against women. Political violence had to stop so that women could once again enjoy harmony and find their rightful place in society. The representative explained that the Government was currently trying to consolidate peace in order to ensure that women could enjoy well-balanced development free from violence.
48. Members expressed alarm at the ruling of the Constitutional Court, especially in a country where the content of an international treaty became part of domestic law, once the treaty had been ratified. They said that if the country wished to implement the Convention, it ought to amend some of its laws, particularly the provisions regarding family law and gender stereotypes. The presentation of the report showed that the Government did not attach much importance to women's issues and the replies given in the report only increased the Committee's concerns about the discriminatory nature of the Civil Code. There was incompatibility between the obligations undertaken by ratifying the Convention and the actual legal situation as well as its interpretation by the Constitutional Court. Members noted that this situation was completely unacceptable and suggested that the Government should seek assistance from the United Nations in correcting its legislation and in preparing its subsequent report.
Questions related to specific articles
Article 5
49. With reference to the traditional role of women in society, members expressed the need for the Government to extend more educational efforts to women. They asked which measures the Government or non-governmental organizations had taken to promote the implementation of article 5 not only in respect of changing the laws, but also in respect of doing away with socio-cultural stereotypes vis-à-vis women. The representative said that, in the opinion of some elements of society, the role of women was considered to be inferior to that of men, whereas in reality that was not the case. Education programmes were currently under way to teach men to acknowledge the participation of women in society and to share the responsibility for educating the children.
50. Members also asked whether any specific measures had been carried out in rural areas. When members requested more detailed information on the issue of violence, the representative said that education campaigns were currently being carried out to eradicate violence against women and that the subsequent report would contain information on the results of those campaigns and statistical data.
Article 6
51. Considering that Guatemalan society appeared to view prostitution with indifference and tended to blame prostitution on the women themselves without taking into consideration the social and economic environment, such an attitude entailed the risk of exploitation by men. Society should consider the reasons why women were in that situation. Members requested statistical data related to prostitution, including information on the age bracket and the social strata of the women involved, and asked whether health, education and rehabilitation services had been set up for those women.
52. The representative was convinced that those evils were caused by lack of adequate education and said that the aim of the Government was to find training and new working opportunities for those women. Non-governmental organizations had elaborated specific training programmes.
Article 7
53. Satisfaction was expressed that illiterate women were no longer discriminated against in their voting rights. Members requested statistical data on the number of women who participated in elections and on the political inclinations of women and asked whether women in rural areas were restricted in exercising their voting rights.
Article 10
54. Members asked what measures had been taken to revise school books or train educators with a view to eliminating discriminatory concepts and what had been done to reduce female illiteracy. The representative said that the concept of complementarity and gender equality would be promoted through education and that the subsequent report would contain detailed information on the measures taken in that respect.
55. Members inquired whether the gender-specific schools that had been mentioned in the report still existed both in urban and in rural areas and whether economic factors had not led to a coeducational school system. The representative explained that parents had the right to choose the form of education that they preferred for their children. There was no discrimination involved.
56. Bearing in mind the cultural diversity of the country, with some 23 different languages spoken, members asked whether the educational programmes took those cultures into account.
57. Further data were requested on the gender distribution in the various fields of study.
Article 11
58. As the country had ratified Convention 100 of the International Labour Organization (ILO), members would welcome assurances that its provisions were also being implemented and requested more information on the matter.
59. While women working in the formal sector were covered by the social security system, the majority of women worked in the informal sector and in domestic service and lacked social security coverage. It was suggested that relevant policies should be modelled on those of other countries where women working in the informal sector were incorporated into the social security system. Regarding the law governing the supply of child-care services for enterprises with more than 30 workers, it was said that the number should not be limited to female workers; otherwise, employers would not hire women so as not to have to comply with the obligations.
60. Members required further clarification on the reasons for the wage discrimination against women and asked whether women were mobilizing themselves to defend their rights under the Convention. Members also asked whether the differences in wages between women and men were equally large in the formal and the informal sectors, whether women working in the informal sector were entitled to maternity leave and pensions and could join trade unions and what programmes had been established to improve the situation of women in the informal sector.
61. According to the report, fines for firing a woman for becoming pregnant were so low that employers simply paid the fine and fired the woman. It was hoped that future reports would address that situation. Members asked whether women's work in the informal sector was reflected in national economic statistics and what the working conditions of women in the garment industries were.
62. The representative said that women could organize themselves freely. The fact that there were not many groups was a result of cultural factors and showed the satisfaction that women felt with their society.
Article 12
63. Members inquired about the Government's family-planning policy and asked whether the programmes were geared only towards rural women or also directed towards women in urban areas and indigenous women.
64. The representative said that the family-planning policy was given wide publicity and was open to anybody. Every small community had family-planning services. Indigenous communities had equal access, but they considered the practices harmful to their traditions and habits. They also tended to object to using contraceptives because they thought that their use was a birth control method specifically targeted at them to exterminate their culture and people. The representative explained that family planning had negative effects on the population. Women had been strongly discriminated against in that all of the preventive methods had been directed only against them. Indigenous women were not given information about the effects of contraceptives on their bodies and sometimes the donation of food was linked to the use of contraceptives. Birth control led to the breakdown of the society and the family. It also had a negative effect on youth and increased the number of households headed by single women.
65. The representative stated that her country was composed of many ethnic groups and was characterized by a sense of solidarity, family support and understanding and that, consequently, it would be desirable if economic support for population control were directed towards education programmes, which would improve living standards and lead to a more balanced growth of the population.
66. As abortion was a punishable offence, members asked what the sentences were.
Article 14
67. Members expressed concern at the unequal distribution of land in rural areas and inquired about the existence of any indentured conditions under which women worked, whether rural women had access to child and health care and whether they could own land and have access to credit.
68. Members commented that in Guatemala sexist notions, such as the "natural" role of women in the context of procreation, were still being reinforced. If such sexist attitudes prevailed, they would have adverse effects on the future of girls who would choose only traditional feminine careers. Members inquired about consciousness-raising campaigns that should enhance the social and economic role of women rather than their role in the family. The representative stated that the notions of the role of women in the family should not be changed. A misunderstanding of equality would not benefit any society. It was more important to encourage the idea of the complementarity of men and women.
Article 16
69. Commenting on the minimum age for marriage, which was 14 for girls and 16 for boys, experts said that such a provision encouraged child marriages and should be abolished with a view to setting the same legal age for both partners. In her reply, the representative quoted the judgement made by the Constitutional Court according to which civil rights were acquired with the attainment of majority. Entrance into marriage required that the couple had reached majority. The different age requirements for boys and girls were based on physiological and biological factors and on the interests of society. Consequently, the difference in minimum age was not considered to be unconstitutional.
70. Regarding the concern expressed by members about the family law, which was discriminatory to women as it contained a rigid description of the roles of women and men, thus reinforcing existing stereotypes, the representative stated that the legislature sought to protect the family, as it was the foundation of the State.
71. Members expressed the opinion that the legal provision according to which the husband remained the head of the family and a woman needed the husband's permission to take up outside activities was contrary to the provisions of the Convention and extended the patriarchal system. It was a source of basic discrimination against women and, although the Constitution provided for the right to work, the "husband's law" seemed to be superior to the basic law. Likewise, the family law spoke only of the obligation of women to look after the children and take care of the household, without also mentioning the husbands.
72. In reply the representative referred to the ruling of the Constitutional Court which said that men and women had equal family responsibilities in protecting the children. The law that gave the husband the right to represent his spouse in no way harmed the wife, especially as the role of head of the family could be assumed by the wife if the husband was unable to do so because he had either abandoned the household or been sentenced to imprisonment. The administration of property was carried out by common agreement between the spouses. The representative said that the provisions according to which the husband had to provide assistance to the wife and the wife had the right and duty to care for minor children were in no way discriminatory; they were only meant to protect the wife. Neither of the two spouses could avoid their responsibilities towards their children. Women were not prohibited from taking on outside activities as long as such jobs did not prevent them from taking care of their minor children and the household and were not contrary to the purpose of marriage and the obligations inherent in maternity.
73. When members asked whether women had taken court action to claim their rights, whether any amendment of the law was planned and what the reaction of women's groups to that law was, the representative said that no claims had ever been entered to oppose the husband as the representative of the family.
74. The representative said that it was necessary for women to educate their sons to respect gender equality and that the responsibility for educating the children was shared.
75. In reply to the comment by the members that the criminal code was discriminatory as it penalized women more heavily than men for committing adultery, the representative said that the Government was currently trying to amend the discriminatory provisions of the code.
Concluding comments of the Committee
Positive aspects
76. The Committee commended the Government of Guatemala for having ratified the Convention without reservations, and they expressed great interest in the initiatives undertaken to bring about legal changes with a view to achieving equality of Guatemalan men and women in the context of efforts to restore peace.
Principal subjects of concern
77. The Committee indicated that the Government's failure to cooperate in funding travel for the person in Guatemala responsible for matters relating to women showed that it attached little importance to the subject; such situations probably did not arise in connection with Guatemala's obligations under other human rights treaties.
78. In their comments the Committee members mostly indicated that despite the efforts made there was a clearly discriminatory situation in Guatemala in which extremely stereotyped social, economic, political and cultural roles were assigned to men and women; that situation resulted in subordination of Guatemalan women in virtually all the areas and at all the levels covered by the articles of the Convention. Information was requested with respect to the application filed by the Procurator's Office in Guatemala, on grounds of unconstitutionality, for rescission of a number of articles of the Civil Code.
79. Almost all the members said that Guatemalan legislation, particularly the Civil Code, must be brought into line with the Convention, and that as a matter of priority it was necessary to focus on the provisions of article 16; the Code contained highly discriminatory provisions that restricted or violated the fundamental human rights of Guatemalan women, which the State was under an obligation to protect as a result of its accession to the Convention and other human rights instruments safeguarding the rights in question. The members voiced similar concerns with regard to the Criminal Code.
80. The Committee expressed concern at the discrepancies that existed to the detriment of women with regard to education and employment, remuneration and involvement in economic activity; they also expressed concern about what was being done to prevent and punish violence against women, and about ways of dealing with prostitution.
81. In short, the members of the Committee commented that women did not appear to be a priority for the Government, that there was far-reaching legal discrimination, and that there was no information on initiatives to combat discrimination resulting from highly stereotyped cultural patterns or on the actual situation of women among indigenous ethnic groups. In general, they regarded the report as inadequate in the light of the recommendations made by the Committee in that connection. They expressed the view that the very wording of the report was sometimes discriminatory; that showed that the Government needed to review and adjust its approach so as to improve the situation of Guatemalan women.
Suggestions and recommendations
82. The Committee indicated that the following steps should be taken to improve the presentation of future reports:
(a) Reports should give a more detailed analysis of actual situations and provide figures and indicators; they should be less descriptive and focus less on regulatory matters;
(b) Reports should provide an analysis of all articles of the Convention and demonstrate what changes had taken place in the implementation of laws and programmes;
(c) The analysis should cover rural-urban and ethnic differences, which are a matter of great importance in Guatemala.
83. As a matter of urgency, the Government of Guatemala must bring its initiatives into line with the Convention. It must make a special effort to ensure that judges and other individuals involved in the interpretation and implementation of Guatemalan legislation, including legislators themselves, are familiar with the Convention, which is an integral part of Guatemala's legislation, with a view to bringing the provisions of the Constitution concerning equality, as well as legislation, judgements and programme initiatives, into line with the Convention and other international instruments safeguarding the human rights of women.
84. The Committee wished to know more about the status and capacities of national machinery.
85. As a matter of priority, Guatemala must make the most urgent legal changes so as to guarantee equality, particularly with regard to article 16 of the Convention.
86. The Committee therefore requested the Government of Guatemala urgently to take all necessary measures and adopt policies to improve the situation of women in Guatemala in compliance with the Convention and to report on those measures in its subsequent report.
87. It was suggested that the Guatemalan Government could request technical support for the preparation of its next report.
Guyana
88. The Committee considered the initial report of Guyana (CEDAW/C/5/Add.63) at its 235th and 239th meetings, on 18 and 20 January (see CEDAW/C/SR.235 and 239).
89. In introducing the report, the representative of Guyana emphasized that the global economic crisis of the 1980s and the concomitant recession had hit her country hard as it was one of the most vulnerable. Forty per cent of the population in the countries of Latin America and the Caribbean were living under conditions of poverty, unable to satisfy basic needs. Owing to their vulnerable position in society, women were more harshly affected by the socio-economic crisis. The fact that poverty affected women more than men was a common phenomenon in the region.
90. As a result of the economic problems, commencing with the oil crisis in the 1970s, the "cooperative socialism" that had been the official policy of the country had undergone a critical period, which had led to a continuous breakdown of the basic infrastructure. Growing unemployment and low wages had led to increased internal migration and emigration of men. Female-headed households had increased from 24.4 per cent in 1980 to 29.5 per cent in 1992. The percentage of permanent female emigrants had also increased in the last years, resulting in a higher number of male-headed single-parent households. The influx of women into the labour force had brought with it the most profound changes in the labour market.
91. Guyana had been rated as one of the poorest countries in the Western hemisphere. The widespread impoverishment of the majority of Guyanese had brought with it a continuous decline in per capita production and real wages while prices of basic commodities were rising; a severe reduction in the quality of the educational system; hunger, malnutrition, homelessness and an increasing number of street children; inadequate housing and a decline in the public health services. As a result of such neglect of the development of human resources, the last few years had witnessed a drastic decrease in life expectancy and a rise in infant mortality.
92. Structural adjustment programmes, introduced in response to the economic problems, had brought about new forms of stress, which added to the crisis created by prior mismanagement. Severe shortages in the basic food supply had had an impact on women who were forced to queue for long hours to purchase basic commodities. Cuts in public expenditure had brought about a decline in social services, particularly health and education, as well as in infrastructure, including transportation, water supply and electricity. Women, as primary household managers and income earners, were particularly affected.
General observations
93. Members of the Committee welcomed the very candid report, which had been presented with frankness by a high-level political representative. They recalled that Guyana had demonstrated a long commitment to the Convention and was among the first Member States to sign and ratify the Convention without reservation. It had also been the first country of the region to present a candidate for membership of the Committee.
94. Members of the Committee welcomed the political will to implement the Convention, but were aware of the cultural, social and economic constraints to its implementation. Asked whether all the provisions of the Convention were fully implemented in the legislation of the country, the representative explained that certain articles of the Convention were dealt with in statutes, which were enforceable in the courts. There was no tardiness on the part of the Government in reducing discrimination against women, since the 1980 Constitution already contained provisions with respect to equality for women. In 1983 the Children Born out of Wedlock Act was adopted, which removed any discrimination against children born out of wedlock. In 1990, the Equal Rights Act was adopted by Parliament, giving women the right to seek redress for discriminatory practices on the basis of sex. The implementation of the Convention had improved the status of women generally, raised consciousness about the issue in women's organizations and in male-dominated institutions, and focused attention on the remaining obstacles.
95. Members were interested to learn whether the Convention could be invoked in the event of the violation of women's rights, and what was the relationship between national legislation and the Convention. The representative replied that under the law women in Guyana were given a significant degree of protection. Women's access to the courts was afforded by way of the constitutional and municipal law provisions.
96. Concerning a question about the time-frame of the programme for the advancement of women, the representative replied that a national policy statement on women existed, but that several ongoing programmes for the integration of women in development could not be fully implemented because of economic constraints.
97. Members noted that the report emphasized elimination of de jure discrimination, but that more information was needed on the de facto situation of women. In particular, more statistical data should be provided. They invited the Government, when preparing subsequent reports, to refer to existing norms and facts and to interpret changes that had taken place. That would avoid any contradictions that might appear in the present report. The representative said that her Government was fully aware of the deficiencies in the collection of data and statistics and was searching for assistance from international agencies to remedy the situation.
98. Asked whether non-governmental organizations had been consulted when preparing the report, the representative stressed that the Women's Affairs Bureau, as the national machinery, was in direct liaison with women's non-governmental organizations, and had been largely responsible for the preparation of the report.
99. Members of the Committee welcomed the clear description of the negative impact of structural adjustment programmes on women, which illustrated how political and economic change would affect women negatively, if human resource development was not considered. Members asked for further information on actions taken by the Government to mitigate the negative impact of such programmes on women and children. The representative mentioned that, under the Social Impact Amelioration Programme, periodic payments were made to elderly women and pregnant and lactating mothers, for a limited period of time, to cushion the effects of the withdrawal of government subsidies of basic goods. Guyana received assistance from a number of United Nations programmes and specialized agencies and other donors. Seventeen health-care projects had been carried out. However, significant delays in the implementation of projects were experienced, and the Government's capacity to absorb further badly needed assistance was limited by its inability to provide administrative and financial counterparts.
100. Members praised the active role women in Guyana had played in the struggle for independence, which should guarantee them the right to enjoy fundamental rights without conditions. Asked why the basic rights in the Constitution were linked not only to respect for the rights and freedoms of others, but also to respect for the public interest, the representative said that this did not lead to abuse and injustice since the courts, as guardians of the rights of individuals under the Constitution, could be approached by any aggrieved party seeking redress.
Questions related to specific articles
Article 2
101. Given the existence of different ethnic and indigenous groups in Guyana, members wanted to know if they had preserved their cultural roots, because culture could be used as a unifying force in development. More information was required on traditional customs and religious traditions, and the way they affected women and undermined the provisions of the Convention. The representative replied that the largest ethnic communities were the East Indians (49.5 per cent) and the Africans (35.6 per cent); the indigenous population of Amerindians made up 6.8 per cent of the population. As a result of the divide-and-rule practice of colonialism, the two major racial groups were divided in the late 1950s and again in the 1960s. Amerindians had originally had their own culture, but the process of socialization had altered some sections of the indigenous people, who had become involved in national life in the field of education, health and training. Under the Constitution, all citizens had the right to practise their customs and religion. Some religious norms were used to keep women down, not giving them the right to chose their husbands and not allowing them into male-dominated religious positions. However, the fundamental problem of male domination over women was inherent to all racial groups.
Article 3
102. Members of the Committee appreciated the appointment of a minister for the advancement of women and requested further information on the mandate of the Minister, the limits imposed on her work and the existence of focal points in the various other ministries. The representative replied that the Ministry of Labour, Human Services, Social Security and Housing had a Senior Minister in charge of Labour and Housing and a Junior Minister responsible for Human Services and Social Security, which included women's affairs as one of 11 areas of responsibility. No limits were imposed on the work of the Minister. With regard to the national machinery for the advancement of women, the Minister was collaborating on a weekly basis with the administrators of the Women's Affairs Bureau.
Article 4
103. It was asked which temporary measures had been taken to accelerate de facto equality between men and women. Members also inquired about existing programmes to increase the number of women in decision-making positions at all levels.
104. The representative replied that the Women's Affairs Bureau was engaged in project monitoring and the implementation of projects directly targeting women, in particular in the acquisition of skills and education, training in small business management and health.
Article 5
105. Assuming a high incidence of violence against women as in any society, members asked for information on the extent of violence in all its forms, the measures taken by the Government to eliminate violence, police intervention and court procedures. The representative replied that violence occurred at all levels of society and that about 48 per cent of women had been physically assaulted in 1993. Only recently had women started to report assaults committed against them by their spouses or common-law partners. While arresting the perpetrators, male police very often displayed reluctance to institute charges and considered the assaults a purely domestic matter. Women's organizations had therefore called for female investigators. Refuges and shelters for abused women, as well as a hotline, had been established. A draft Domestic Violence Bill was to be placed before Parliament, following the format of similar bills in other Caribbean countries. The Government and non-governmental organizations were planning an education programme to sensitize young people about other forms of conflict resolution, self-esteem and respect for females.
Article 6
106. Members sought more information on prostitution and related activities and wanted to know whether laws and specific programmes had had an impact on reducing the number of prostitutes. The representative stated that the law penalized any male person for knowingly living, wholly or partly, on the earnings of prostitution or soliciting for an immoral purpose. To prevent the increase of prostitution linked to the urban migration of young women, efforts were being made to raise the living standards in rural areas and to encourage young women there to undertake income-generating activities.
Article 7
107. Noting that the report gave figures on the percentage of women in certain high-level positions, members asked further information on the number of women in middle-level management positions, and on women's participation in non-governmental organizations, political parties and labour unions. The representative replied that women constituted a small but growing pool of middle- and lower-level managers and that their participation had risen from 14.9 per cent in 1985 to 25.4 per cent in 1993. However, women's representation at the executive level had decreased sharply, from 25.5 per cent to 12.4 per cent, during the same period. Only in the low-paying service sector and the teaching professions did women play a significant role in decision-making. Women were active in the trade unions, in both the private and the public sector, holding a few high positions in management and the executive branches. Exclusively female trade union organizations did not exist.
108. She stated that women were a clear minority at the higher echelons of public and political life and were grossly underrepresented in top positions. Female participation in the parliamentary assembly had increased significantly, from 14 per cent in 1980 to 22 per cent in 1985, but decreased to 15.7 per cent in 1993 with the change of Government. The imbalance in male-female representation in Parliament was also reflected in the Government, where only two women had been appointed, one as Health Minister and the other as Minister for Labour, Human Services, Social Security and Housing. However, in other decision-making positions in the Government, the situation had improved with an increase in the number of permanent secretaries and other high-level positions, from 21.4 per cent in 1987 to 33.3 per cent in 1993. At the regional level, the percentage of female mayors had declined from 40 per cent in 1980 to 20 per cent in 1986 and 16.7 per cent in 1993.
109. With regard to women's participation in political parties, she recalled women's historical involvement in political life, especially in the work of parties and during elections. The major problem was that only a few women could attain leadership roles in their parties owing to male competition, lack of assertiveness and their additional burden of child-rearing.
Article 8
110. Members acknowledged the frankness of the part of the report under discussion, but asked for additional explanation about the obstacles that prevented women from participating in decision-making and whether there was actual equality of opportunity for women in access to power in public life. The representative replied that the stereotypical attitudes of women and men inhibited women's access to decision-making positions. As more women entered professional life, it was to be hoped that that trend would change.
Article 10
111. Asked for further data on school drop-out rates for girls, the representative stated that only 18.9 per cent of women dropped out at the tertiary level, compared to 81.2 per cent for men. No data were available for drop-out rates at the primary and secondary levels but they would be supplied in the next report. Drop-outs were given a second chance to pursue higher studies. In response to the question whether the programmes mentioned in the report were aimed at stereotypical vocational skills, she stated that programmes were open to both sexes, but the women opted for traditionally female-oriented programmes of study.
Article 11
112. More information was sought on equal access to training, job segregation, women's employment in health, education and the industrial sector and their contribution to agriculture.
113. The representative said that women had equal access to education and training. Training was an integral part of women's involvement in work. The gender-specific division of labour was linked to the traditional definition of women's economic roles, the majority of women being employed in the clerical, sales and service sectors. A low percentage of women found employment in the agricultural sector, where women's involvement in household subsistence farming and poultry rearing for additional family income was not taken into account.
114. A high proportion of economically inactive females was involved in domestic duties, but the figure had declined owing to the changing role of women, who needed to supplement family income.
115. Members wished to know if women had equal opportunity with men in obtaining full-time jobs. The representative noted that although women had equal opportunity with men, they were burdened by child-rearing activities traditionally considered a female responsibility. The lack of child-care facilities affected women's participation in the labour force negatively, in particular if they could not rely on grandparents or elderly relatives. The Government and non-governmental organizations were providing some day care for children.
116. In reply to the question about equal remuneration for men and women, the representative quoted the 1990 Equal Rights Act, which provided, inter alia, that women and men should be paid equal remuneration for the same work or work of the same nature. Although in general women were paid the same as men, in some private sector organizations women with similar qualifications and performing the same tasks were still paid less.
Article 12
117. Members required further information on programmes to combat the AIDS/HIV pandemic and on existing facilities for infected women. The representative stressed that the increase in HIV infection among women far exceeded that of men, although fewer women carried the virus than men. The Government had launched education programmes to combat the spread of AIDS among young people, encouraging the use and acceptance of condoms. Discussions on removing taboos associated with sexual behaviour had taken place. She also reported on efforts being made to end the stigmatization of AIDS victims.
118. Referring to the severe problem of anaemia, a very incapacitating illness for women, members wanted to know if female malnutrition resulted from the traditional diet, lack of variety of foods or poverty. Given the decrease in life expectancy, members asked for the common causes of female mortality. The representative stated that high-risk pregnancies, lack of trained medical attendants, malnutrition and abortion were some of the contributing factors. A 50 per cent decrease in government spending on health services had had an impact on the 86 per cent of the population considered to be living under the poverty line, and on women in particular.
119. Concerning family planning, members requested information on the existence of a national family planning programme, on access to special maternity services and on the availability, use and general acceptance of contraceptives. The representative informed the Committee that family planning advice and counselling was conducted at 166 clinics across the country and included the provision of various forms of contraceptives, prenatal and postnatal services, immunizations, pap smears, pregnancy tests, infertility and fertility counselling and treatment. Women, in general, accepted family planning very well. A responsible parenthood organization was conducting educational programmes for young people. The representative also said there was no government policy on family planning owing to the demographic trends of high mortality and emigration in Guyana.
120. On the incidence of abortion, the representative stated that the number of illegal abortions was high as abortion was often used as a form of contraception by women having no access to other family planning methods. The highest number of abortions occurred in the 24-29-year age group and among East Indian women, followed by Black women. There was an ongoing debate on the decriminalization of abortion as proposed in a bill tabled in Parliament.
Article 14
121. Members of the Committee welcomed the policy of decentralization and wished to obtain further information on the involvement of women at the district level. The representative replied that women were generally involved in all sectors of rural life. After the 1992 elections, there had been a resurgence of community development groups, in which women played an important role.
Article 16
122. With regard to reform of the family law, members expressed the opinion that a more comprehensive approach should be preferred to a segmented process of amendment. Harmonization with the rest of the Caribbean countries should be given special attention. The representative agreed and added that the establishment of a family court had been called for by women's organizations over the past decade. She also informed the Committee about the Married Persons Property Amendment Act and the Family Dependants Provision Act adopted in 1990, which changed the laws relating to the division of the property of spouses upon the dissolution of marriage or the break-up of a common-law relationship. In reply to a question on the equal division of marital property in case of divorce, she stated that the Married Persons Property Amendment Act made provisions for the services of the wife in the home to be quantified in assessing her contribution to the acquisition of marital property.
123. More information on female-headed households was asked for, in particular on the incidence in different ethnic groups, on their cultural acceptance and government programmes for providing assistance. The representative regretted that no data on female-headed households were available, but promised that the second periodic report would supply that information. Although the incidence of female-headed families was widespread, it was highest among the Afro-Guyanese population.
124. Specific information was sought on the Equal Rights Act that enabled courts to define discrimination and on any instances when the law had been applied. The representative informed the Committee that the Act did not define discrimination and had never been considered in the courts owing to its relatively recent passage. No cases alleging discrimination had been brought up so far.
125. The Committee deferred its concluding comments on the report of Guyana until its fourteenth session.
Libyan Arab Jamahiriya
126. The Committee considered the initial report of the Libyan Arab Jamahiriya (CEDAW/C/LIB/1 and Add.1) at its 237th and 240th meetings, on 19 and 21 January (see CEDAW/C/SR.237 and 240).
127. In introducing the report, the representative of the Government of the Libyan Arab Jamahiriya apologized for the fact that the Assistant Secretary of the General People's Congress, who was a woman, was not able to attend and personally have a dialogue with the members of the Committee. He gave an overview of the structure of the report and highlighted its main points. He said that in his country there were no laws that were in any way discriminatory against women. Libyan legislation contained the principle of equality of women and men. The Shariah equally emphasized the importance of women in society.
128. He mentioned the modified school curricula that ensured the elimination of stereotypes and said that women received the same education as men and were encouraged to enter any kind of occupation. Prostitution was prohibited and there were no obstacles to the participation of women in political and public life. Women had the same rights as men to participate in professional associations, and the General Union of Women's Associations had been created for the promotion of women. The percentage of women in education was increasing and women were sometimes provided with better facilities than men. Maternity had no effect on seniority, social allowances and the job situation. However, women had not yet reached the same positions as men at high levels.
129. Women were considered as the cornerstone of the society. They were equal to men before the law, they had equal rights with regard to the custody of their children and they were the partners of men in civil, cultural and social life. Women could write their own wills, independent of men, and had the right to choose their husbands. Women had made big strides in the last 25 years, considering the conditions they had previously experienced in that region and, as they had penetrated all spheres of life, the country had laid a firm basis for equality.
General observations
130. Members of the Committee commended the accession of the Libyan Arab Jamahiriya to the Convention. While thanking the representative for having appeared before the Committee, they indicated concern that Libyan women could not be present themselves to talk about their experiences. General and serious concern was expressed about the reservation that had been entered at the time of accession and about the fact that the reservation was not at all touched upon in the report. Members asked whether the Government had not taken into consideration the objections that had been raised by many countries with a view to reconsidering the issue. Bearing in mind that the Shariah had given equality to women, as mentioned in the report, it did not seem clear why the reservation was still maintained, particularly as it constrained the Government's ability to comply with article 2 of the Convention. Members felt that the interpretation of the Koran had to be reviewed in the light of the provisions of the Convention and in the light of the current social environment. It was not possible to speak of equal rights of women and yet to maintain gender differentiation and sexual stereotypes, such as insisting on the role of women as housekeepers.
131. In replying to the concerns of the members, the representative of the State party explained that the Islamic religion was designed to emancipate men and women from all forms of slavery by prohibiting injustice, making the promotion of women a precondition for the road to paradise and calling for equality among all human beings. Any gender difference, if considered objectively, did not constitute discrimination based on sex. Reservations were entered by Islamic countries in order to avoid embarrassment in view of the literal meaning of legal texts. He assured the Committee that its concerns would be conveyed to the competent authorities.
132. In additional comments, members observed that they were still unclear about the reasons for the country's maintenance of its reservation to the Convention. They said that the reservation was very much related to the question of interpretation of the Shariah. They felt that the Shariah was very supportive of women's equality, rights and dignity. However, it had come into force 1,500 years ago and was not immutable. The Shariah itself gave equality to women, but the problem that had to be overcome was that of interpretation. Religions should evolve over time, but the evolution or the ijtihad, the interpretation of the Shariah, had come to a standstill three centuries ago. The thinking about some religious roles had not evolved from that time and it was not proper to apply a standard that had applied several centuries ago to the present world. In some countries the Shariah had been interpreted in a more progressive way, as a result of the political will of the Government. The Koran permitted the ijtihad for the interpretation of the Islamic religion. Therefore, efforts should be made to proceed to an interpretation of the Shariah that was permissible and did not block the advancement of women. The Government was urged to take a leading role in its interpretation of the Shariah as a model for other Islamic countries. Reservations that were incompatible with the goals of the Convention were not acceptable.
133. Although members commended the Government for the timely submission of its report, they criticized the fact that certain articles of the Convention had not been dealt with separately and lacked detailed information, that the report appeared to be more theoretical and did not contain information on the de facto situation of women and that it contained technical errors and contradictions. One of those errors pertained to table 2 and was explained by the representative as a typographical error in the translated version (it should read 1984 and not 1974). Members of the Committee pointed out the scarcity of statistical data, in particular regarding the issues of violence against women, migrant women, women migrating to urban areas and the drop-out rate for female school attendants.
134. While the law relating to disabled persons was praised, further comments on its legal provisions were requested. It was asked which new laws had been adopted since the country's accession to the Convention and which laws gave priority to women.
135. Members said that the implementation of an anti-discrimination policy required that policies be coherent even though they touched upon religious and ideological issues. True gender equality did not allow for varying interpretations of obligations under international legal norms depending on internal religious rules, traditions and customs. Clarification was requested for the concept of "women's natural tasks", as referred to in the report.
136. With regard to the request for further information on the Great Green Document on Human Rights (A/44/331, annex), the representative referred to paragraph 21 thereof, which called for equality between women and men.
137. Members noted with satisfaction the many positive developments on the road to achieving equality between women and men, such as the admission of women into the judiciary, the entry of women into the armed forces, the creation of a centre for women's studies, the fixing of the same minimum age at marriage for women and men, the amendment of school books, the placement of restrictions on polygamy, the publicity given to the Convention in the media, the setting up of a department of women's affairs and the support given to women's non-governmental organizations. However, the image of women in the media needed to be changed.
138. The representative explained that the main tasks of the Assistant Secretary of the General People's Congress were the collection of data and documentation and the evaluation and analysis of issues relating to women; the elaboration of plans to integrate women into all social, cultural, economic and political spheres of life; the removal of existing obstacles; the coordination and dissemination of information regarding the achievements of women and the promotion of women's access to international and national political forums. Additional coordination offices had been established to assist in raising the awareness and consciousness of women.
139. Members of the Committee sympathized with women and men in the country because of their sufferings as a result of Security Council resolution 748 (1992) concerning the aerial embargo, and said that such sanctions always had a strong impact on the status of women and children.
Questions related to specific articles
Article 2
140. The representative said that the principle of gender equality was clearly spelled out in the Constitution and in the Great Green Document on Human Rights. Libyan legislation protected the rights of all citizens, regardless of gender, particularly in the fields of education, health, and social, cultural, professional and political life, and set out corresponding measures to guarantee those rights.
141. Replying to questions related to what kind of recourse action was available to women who had been discriminated against, he stated that the Supreme Court had stressed the principle of equality as a fundamental human right and that all citizens had the right to resort to the courts in the event of any violation of that fundamental right. He pointed out that any laws that discriminated against women had been abolished and that penal law did not contain any discriminatory provisions.
Article 3
142. The representative explained that the Government had adopted many executive and administrative measures to safeguard women's exercise of their rights and freedoms in the same way as for men. Women enjoyed their natural rights in professional associations and syndicates and could assume their natural roles in society.