General Documents Not Relating To Specific States - Annual and Sessional Reports - CEDAW

[Original: English]

[25 February 1994]

CONTENTS

Chapter Paragraphs Page

LETTER OF TRANSMITTAL .................................................vi

I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES .... 1 - 51

A. Suggestion ........................................ 1

B. Alleged violations of human rights inflicted upon

women in the territory of the former

Yugoslavia ........................................ 1 - 24

C. Action taken by the Committee in response to

resolution 1992/3 of the Subcommission on

Prevention of Discrimination and Protection of

Minorities ........................................ 3 - 55

II. ORGANIZATIONAL AND OTHER MATTERS ...................... 6 - 30 6

A. States parties to the Convention .................. 6 - 7 6

B. Opening of the session ............................ 8 - 12 6

C. Membership and attendance ........................ 13 - 15 7

D. Solemn declaration ................................ 16 7

E. Election of officers .............................. 17 8

F. Adoption of the agenda ............................ 18 8

G. Report of the pre-session working group ........... 19 - 24 8

H. Organization of work .............................. 25 9

I. Composition of working groups ..................... 26 - 30 10

III. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

UNDER ARTICLE 18 OF THE CONVENTION .................... 31 - 589 11

A. Introduction ...................................... 31 - 32 11

B. Consideration of reports .......................... 33 - 246 11

1. Initial reports ............................... 33 - 24611

Iraq .......................................... 33 - 86 11

Kenya ......................................... 87 - 143 19

Romania ....................................... 144 - 198 28

Yemen ......................................... 199 - 246 36

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CONTENTS (continued)

Chapter Paragraphs Page

2.Second and third periodic reports ............. 247 - 58943

Bangladesh .................................... 248 - 32643

France ........................................ 327 - 35855

Nicaragua ..................................... 359 - 40461

Republic of Korea ............................. 405 - 45067

Rwanda ........................................ 451 - 47375

Sweden ........................................ 474 - 52278

United Kingdom of Great Britain and Northern

Ireland ....................................... 523 - 58986

IV. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL

CONFERENCES ........................................... 590 - 59998

A. International Year of the Family .................. 591 - 59498

B. Fourth World Conference on Women .................. 59598

C. International Conference on Population and

Development ....................................... 596 - 59799

D. World Conference on Human Rights .................. 59899

E. World Summit for Social Development ............... 59999

V. CONSIDERATION OF THE REPORT OF THE FOURTH MEETING OF

PERSONS CHAIRING THE HUMAN RIGHTS TREATY BODIES AND

ACTION TAKEN BY THE GENERAL ASSEMBLY CONCERNING

TREATY BODIES ......................................... 600 - 605100

VI. WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE 606 - 633102

Action taken by the Committee on the report of

Working Group I ....................................... 620 - 633104

VII. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ........ 634 - 648108

Action taken by the Committee on the report of

Working Group II ...................................... 637 - 648108

VIII. PROVISIONAL AGENDA FOR THE THIRTEENTH SESSION OF THE

COMMITTEE ............................................. 649 - 650111

IX. ADOPTION OF THE REPORT ................................ 651113

-iv-

CONTENTS (continued)

Page

Annexes

I.Letter dated 22 January 1993 from the Chairperson of the Committee

on the Elimination of Discrimination against Women to the Special

Rapporteur of the Commission on Human Rights on the situation of

human rights in the territory of the former Yugoslavia ............115

II.Letter dated 1 February 1993 from the Special Rapporteur of the

Commission on Human Rights on the situation of human rights in the

territory of the former Yugoslavia to the Chairperson of the

Committee on the Elimination of Discrimination against Women ......116

III.States parties to the Convention on the Elimination of All Forms of

Discrimination against Women as at 1 March 1993 ...................117

IV.Membership of the Committee on the Elimination of Discrimination

against Women .....................................................120

V.Documents before the Committee at its twelfth session .............121

VI.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

1 March 1993 ......................................................123

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LETTER OF TRANSMITTAL

5 February 1993

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 twelfth session from 18 January to 5 February 1993 at the Vienna International Centre. It adopted the report on that session at its 232nd meeting, on 5 February. The report is herewith submitted to you for transmission to the General Assembly at its forty-eighth 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

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I. MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES

A. Suggestion

Suggestion 4. World Conference on Human Rights (1993)

The Committee on the Elimination of Discrimination against Women,

Emphasizing the fact that the Charter of the United Nations includes among its purposes and principles the achievement of international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to sex, and the fact that women are entitled to the full protection of the rights enshrined in the Universal Declaration of Human Rights, 1/ the International Covenant on Economic, Social and Cultural Rights, 2/ the International Covenant on Civil and Political Rights, 2/ the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 3/ the International Convention on the Elimination of All Forms of Racial Discrimination, 4/ the Convention on the Rights of the Child 5/ and in other international and regional human rights instruments, in addition to the specific guarantees set forth in the Convention on the Elimination of All Forms of Discrimination against Women, 6/

Affirming the importance of the efforts undertaken by the United Nations to promote respect for women's human rights and fundamental freedoms,

Recognizing the contribution of the Commission on the Status of Women to the protection of women's human rights and the elimination of discrimination against women,

Concerned that women in all regions continue to be discriminated against in the recognition, exercise and enjoyment of their human rights in public and private life and are subjected to violence,

Requesting that the above-mentioned and other grave violations of women's human rights be addressed with even greater effectiveness by the United Nations

programme for the promotion and protection of human rights,

Having reviewed the progress made in the field of human rights since the adoption of the Universal Declaration of Human Rights, and having considered the challenges to the full realization of all human rights of women and men,

1. Recommends to the World Conference on Human Rights, to be held at Vienna from 14 to 25 June 1993, that efforts should be made to give effect to the principle recognized in the Proclamation of Tehran, proclaimed at the International Conference on Human Rights in 1968, that human rights are interrelated, interdependent and indivisible, 7/ an interrelationship that is also reflected in the Convention on the Elimination of All Forms of Discrimination against Women, and that therefore:

(a)Gender-specific information and analysis should be fully integrated into the implementation of all human rights instruments;

(b)Equal attention should be given to civil, political, economic, social and cultural rights;

(c)Respect should be given to the principle that the promotion and protection of one category of rights should not exempt or excuse States from the promotion and protection of another, nor should religious or other extremism be allowed to deny the human rights of women;

2. Also recommends that efforts should be made to encourage States that have not yet done so to ratify or accede to the Convention on the Elimination of All Forms of Discrimination against Women;

3. Recommends that States parties to the Convention on the Elimination of All Forms of Discrimination against Women should undertake the necessary reform of their national laws to place them in conformity with their obligations under the Convention;

4. Also recommends that, with regard to the large number and broad scope of the reservations made to the Convention on the Elimination of All Forms of Discrimination against Women, some of which would appear to give rise to questions concerning their compatibility with the object and purpose of the Convention:

(a)States parties that have entered reservations to the Convention should review their consistency with those entered to all human rights conventions;

(b)States parties should continually review the need for and desirability of their reservations to the Convention with a view to withdrawing them;

(c)States considering the ratification of or accession to the Convention should keep the number and scope of reservations to a minimum and should make any reservations as specific as possible;

(d)States parties should give full consideration to lodging objections to reservations entered by other States parties whenever such action is appropriate;

5. Also recommends that States parties should nominate candidates for human rights treaty bodies with a view to achieving a better balance of men and women in all of them;

6. Further recommends that, with a view to placing the Convention on the Elimination of All Forms of Discrimination against Women on the same footing as other human rights conventions:

(a)A study should be prepared on the feasibility of drafting optional protocols;

(b)Steps should be taken to amend the Convention to provide adequate time for meetings by eliminating the limitation set out in article 20 of the Convention;

(c)The servicing of the Committee on the Elimination of Discrimination against Women should be provided by both the Centre for Human Rights and the Division for the Advancement of Women of the United Nations Secretariat, and that the meeting places of the Committee should be adjusted accordingly;

7. Recommends further that, having regard to the Committee's confirmation, in its general recommendation 19 (eleventh session) on violence against women, 8/ that the Convention's definition of discrimination includes gender-based violence:

(a)Measures should be elaborated to enhance international protection against gender-specific violence;

(b)All special rapporteurs should take gender-based discrimination and violence against women into account in their work;

(c) States parties should be urged to take concrete measures to prevent and respond to violence against women in public and private life;

8. Also recommends that, in order to ensure that concern for women's human rights is fully integrated into the human rights regime, including the work of all treaty bodies, thematic and country rapporteurs and working groups and experts appointed through the advisory services programme in the areas that fall within their mandates:

(a) Training and advisory services at the national level should include gender-analysis and reporting;

(b) Periodic reviews should be undertaken of the effectiveness of the United Nations human rights machinery in addressing violations of women's human rights;

9. Further recommends that the organizations of the United Nations system should:

(a) Take measures to ensure effective coordination between the United Nations system and international and regional human rights bodies, for the review and periodic evaluation of their effectiveness;

(b) Ensure the provision of adequate financial and human resources for those purposes;

(c) Ensure that international development and financing institutions include, in assessing countries' development efforts, the criterion of women's ability to exercise the rights guaranteed by the Convention;

(d) Recognize the need to increase the participation of non-governmental organizations with expertise on human rights and development issues concerning women in all United Nations activities relating to human rights, including the work of the specialized agencies, where appropriate;

10. Recommends further that the Secretary-General of the United Nations should be requested:

(a) To implement the established goals of a 35 per cent participation rate of women in the Professional staff of the Secretariat and a 25 per cent participation rate of women at the D-1 level and above by 1995;

(b) To take steps to ensure adequate financial and human resources for the work of the Committee on the Elimination of Discrimination against Women;

(c) To provide training in gender issues, including gender analysis, for personnel concerned with human rights in the United Nations and the United Nations system;

11. Reaffirms that the denial of political, economic, social and cultural rights and the negative effects of structural adjustment programmes in many countries have had an adverse impact on women, which is even further aggravated by the lack of a gender dimension in these programmes and the continuance of existing gender discrimination in public and family life, and therefore recommends that States should ensure:

(a) The full realization of political, economic, social and cultural rights;

(b) The integration of women on an equal basis into the development process, including planning, decision-making and implementation;

grammes on the exercise of women's human rights and their ability to secure nutrition, housing and health care and to generate income;

12.Recommends that States should encourage the development of policies intended to ensure that measures will be taken:

(a) To protect women as a vulnerable group in situations of civil strife;

(b) To prevent and respond to abuses against women in situations of international or non-international armed conflict;

B. Alleged violations of human rights inflicted upon women

in the territory of the former Yugoslavia

1.In the light of its previous work on violence against women, reflected in its general recommendation 19 (eleventh session), 8/ and in view of the international concern about the situation of women in the territory of the former Yugoslavia that had led the Commission on Human Rights, at its first special session, held on 13 and 14 August 1992, to appoint a Special Rapporteur to investigate firsthand the human rights situation in the territory of the former Yugoslavia, in particular within Bosnia and Herzegovina (Commission resolution 1992/S-1/1), 9/ the Committee considered its own response to the situation. The view was expressed that the Committee, as the body responsible for monitoring the implementation of the convention to ensure women's human rights, should make its concern about the situation known. It was also noted that it was not the practice of the Committee to comment on a particular situation in a country, unless it was considering a report of that country. After discussing the matter thoroughly and after considering the practice of other human rights treaty bodies, the Committee decided to request its Chairperson to send a letter to the Special Rapporteur formally expressing the Committee's concern. The letter of the Chairperson to the Special Rapporteur, and his reply, are contained in annexes I and II, respectively.

2.The Committee decided further that, if warranted, it should, pursuant to article 18 of the Convention, request the States of the territory of the former Yugoslavia to submit a report or reports on an exceptional basis and that such a report or reports should be considered at the next session. In addition, the Committee put on record its commitment to look into similar grave violations of rights being experienced by women in any part of the world.

C. Action taken by the Committee in response to resolution

1992/3 of the Sub-Commission on Prevention of

Discrimination and Protection of Minorities

3. The Committee welcomed the request of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights, in its resolution 1992/3 on contemporary forms of slavery, to the Secretary-General:

"To seek the views of the Committee on the Elimination of Discrimination against Women and the Commission on the Status of Women on the desirability of obtaining an advisory opinion on the validity and legal effect of reservations to the Convention on the Elimination of All Forms of Discrimination against Women and to invite them, in their replies, to make such further observations on the issue of reservations to this Convention as they may consider appropriate." 10/

4. The Committee recalled that it had raised the issue of reservations to the Convention at its previous sessions and that it had recommended, in its general recommendation 20 (eleventh session), 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 the legal effect of reservations to the Convention in the context of reservations to other human rights treaties, and should reconsider such reservations with a view to strengthening the implementation of all human rights treaties. 8/ The Committee therefore considered that it must be made clear that its particular concern was to have an opinion that might assist Governments to reconsider their reservations with a view to withdrawing them.

5. The Committee therefore decided that it should support steps taken in com-

mon with other human rights treaty bodies to seek an advisory opinion from the International Court of Justice that would clarify the issue of reservations to the human rights treaties and thereby assist States parties in their ratification and implementation of those international instruments. Such an opinion would also help the Committee in its task of considering the progress made in the implementation of the Convention.

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

6. On 5 February 1993, the closing date of the twelfth session of the Committee on the Elimination of Discrimination against Women, there were 121 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 on 1 March 1980. In accordance with article 27, the Convention entered into force on 3 September 1981.

7. A list of States parties to the Convention is contained in annex III to the present report.

B. Opening of the session

8. The Committee on the Elimination of Discrimination against Women held its twelfth session from 18 January to 5 February 1993 at the Vienna International Centre. The Committee held 25 plenary meetings (208th to 232nd meetings) and its two standing working groups each held 12 closed meetings.

9. The twelfth session of the Committee was opened by the Chairperson of the Committee, Mervat Tallawy (Egypt), who had been elected at the tenth session.

10.In his opening statement, the representative of the Secretary-General, the Deputy Director of the Division for the Advancement of Women, drew attention to a number of developments related to the regime for the examination of human rights and the restructuring of the economic and social sectors of the United Nations. He said that those developments raised the old question of the extent to which women's human rights could safely be put in the mainstream of the overall regime for examining human rights. That question required an assessment of progress made, as well as a vision of what could be achieved in future. He noted that women's human rights had been separated to develop their own track early in the history of the United Nations by upgrading the original Sub-Commission on the Status of Women to a full-fledged functional commission. There was considerable evidence to show that the decision to set up a parallel track had been wise, since the women's stream had often moved faster than the mainstream. This was especially true of the progress made in the de jure elimination of discrimination. He noted that, in terms of laws, the problem of discrimination was on its way to being solved. The focus of the women's human rights track had almost exclusively been on the enjoyment of rights, and on the de facto situation of women, which meant policies and programmes to transform rights into reality.

11.Work on the implementation of the Convention should benefit from the broader analytical and promotional work for the advancement of women. One innovation had been the Committee's request that the Secretariat should keep it informed of its work for the Commission, and vice versa. The continuous relationship was unique among the human rights treaty bodies and had only been possible because of the common secretariat. The recommendations of the Commission, as well as their translation into tangible improvements, should appear in concrete and measurable form in the reports of the States parties to the Convention, thus naturally reinforcing the work of the two bodies.

12.The separation of women's issues had had its disadvantages. It might have reduced the incentive for other bodies to deal with gender issues. An examination of the work of the other bodies would reveal the extent to which gender issues had been included in their work and whether women's confidence in the mainstream had been increased. Future decisions on location and servicing should be judicious and based on an analysis of achievements and future needs. Commenting on the work of the Committee, he pointed to the alarming backlog in the consideration of periodic reports of States parties. He hoped that matter would receive attention during the Committee's consideration of its working methods. Furthermore, the need for possible additional meeting time should be balanced with the costs involved. He also emphasized the most effective way of formulating general recommendations, saying that the way in which the Committee approached its general recommendations at its twelfth session would shape the pattern of work for the future. He urged the Committee not only to ask for additional information in respect of article 16 of the Convention, but also to consider the kinds of information pertinent to articles 7 and 8 that it would need for its work at its thirteenth session.

C. Membership and attendance

13.In accordance with article 17 of the Convention, the Sixth Meeting of the States Parties to the Convention was convened by the Secretary-General at United Nations Headquarters on 4 February 1992. The States parties elected 11 members of the Committee from among the candidates nominated to replace those whose term of office was due to expire on 16 April 1992.

14.All the members of the Committee attended the twelfth session; however, Emna Aouij (Tunisia) attended the session from 18 January to 3 February 1993; Norma Monica Forde (Barbados) from 18 to 28 January and from 1 to 5 February; Elsa Victoria Muñoz-Gómez (Colombia) from 18 to 22 January and from 29 January to 5 February; Hanna Beate Schöpp-Schilling (Germany) attended the session on 18 January and from 25 January to 5 February; Mervat Tallawy (Egypt) from 18 January to 3 February and Rose N. Ukeje (Nigeria) from 18 to 26 January.

15.A list of members of the Committee, together with an indication of the duration of their terms of office, is given in annex IV to the present report.

D. Solemn declaration

16.At the opening of the twelfth session, before assuming their functions, the newly elected members, Gül Aykor (Turkey), Silvia Rose Cartwright (New Zealand), Evangelina García-Prince (Venezuela), Liliana Gurdulich de Correa (Argentina), Salma Khan (Bangladesh), Pirkko Anneli Mäkinen (Finland), Elsa Victoria Muñoz-Gómez (Colombia) and Ahoua Ouedraogo (Burkina Faso), and the three re-elected members, Carlota Bustelo García del Real (Spain), Hanna Beate Schöpp-Schilling (Germany) and Kongit Sinegiorgis (Ethiopia), made the solemn declaration as provided for under rule 10 of the rules of procedure of the Committee.

E. Election of officers

17.At its 208th meeting, on 18 January, the Committee elected the following officers by acclamation for a term of two years (1993-1994), in accordance with article 19 of the Convention: Ivanka Corti (Italy), Chairperson; Evangelina García-Prince (Venezuela) and Tatiana Nikolaeva (Russian Federation), Vice-Chairpersons; and Teresita Quintos-Deles (Philippines), Rapporteur. At its 210th meeting, on 19 January, the Committee elected Rose N. Ukeje (Nigeria) as the third Vice-Chairperson.

F. Adoption of the agenda

18.The Committee considered the provisional agenda (CEDAW/C/1993/1 and Corr. 1) at its 208th meeting, on 18 January. The agenda as adopted was follows:

1.Opening of the session.

2.Solemn declaration by the new members of the Committee on the

Elimination of Discrimination against Women.

3.Election of officers.

4.Adoption of the agenda and organization of work.

5.Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women.

6.Implementation of article 21 of the Convention on the Elimination of All Forms of Discrimination against Women.

7.Ways and means of expediting the work of the Committee on the

Elimination of Discrimination against Women.

8.Consideration of the report of the fourth meeting of persons chairing the human rights treaty bodies and action taken by the General Assembly concerning treaty bodies.

9.Contributions of the Committee on the Elimination of Discrimination

against Women to international conferences.

10.Provisional agenda for the thirteenth session.

11.Adoption of the report of the Committee on the Elimination of

Discrimination against Women on its twelfth session.

G. Report of the pre-session working group

19.The Committee had decided at its ninth session 11/ to convene a pre-session working group for five days before each session of the Committee to prepare lists of questions relating to the second and subsequent periodic reports that would be considered by the Committee at the session.

20.Accordingly, the pre-session working group held 10 meetings, including three drafting sessions, at the Vienna International Centre, from 11 to 15 January 1993. The five members, as nominated by the Committee, were Charlotte Abaka (Ghana), Dora Bravo Nuñez de Ramsey (Ecuador), Silvia Rose Cartwright (New Zealand),* Lin Shangzhen (China) and Tatiana Nikolaeva (Russian Federation). Charlotte Abaka was elected Chairperson.

21.At the 210th meeting of the Committee, on 19 January, the Chairperson of the pre-session working group introduced the report of the working group (CEDAW/C/1993/CRP.2).

22.In accordance with the provisional agenda of the Committee, the working group had been required to prepare lists of questions relating to the reports of seven countries: Bangladesh, France, Nicaragua, Republic of Korea, Rwanda, Sweden and United Kingdom of Great Britain and Northern Ireland.

23.The working group had before it the reports of those seven countries; the general guidelines regarding the form and content of periodic reports (CEDAW/C/7); the general recommendations adopted by the Committee; and the draft lists of questions received from four members of the Committee. Further reference material included the declarations, reservations, objections and notifications of withdrawal of reservations relating to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/SP/1992/2); the analyses prepared by the Secretariat of the second periodic reports of Bangladesh, France, Nicaragua, the Republic of Korea and the United Kingdom, and of the third periodic reports of Rwanda and Sweden, as well as information material received from two non-governmental organizations.

24.In preparing the lists of questions, the pre-session working group followed the suggestion of the Committee, namely, 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 in question. As in previous years, the working group allocated to each of its members the main responsibility and coordination for the preparation of a preliminary list of questions for one or two countries. Each draft was subsequently discussed, revised and amended. The lists of questions are contained in the report of the pre-session working group that the Committee had before it. The working group, as authorized by the Committee, transmitted each list of questions directly to the State party concerned. The lists were sent on 15 January 1993, after the last meeting of the pre-session working group.

H. Organization of work

25.The Committee considered its organization of work at its 210th, 213th and 214th meetings, on 19 and 25 January. In addition to the documents listed in paragraph 23 above and in annex V, the Committee had before it Economic and Social Council resolution 1992/17 and General Assembly resolution 47/94 on the Convention on the Elimination of All Forms of Discrimination against Women.

________________________

*Replacing Ivanka Corti who was unable to attend.

I. Composition of working groups

26.At its 210th meeting, on 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 implementing article 21 of the Convention.

27.Working Group I was composed of the following members of the Committee: Liliana Gurdulich de Correa, Zagorka Ilic, Lin Shangzhen, Pirkko Anneli Mäkinen, Elsa Victoria Muñoz-Gómez, Tatiana Nikolaeva, Ahoua Ouedraogo, Kongit Sinegiorgis, Mervat Tallawy and Rose N. Ukeje.

28.Working Group II was composed of the following members of the Committee: Charlotte Abaka, Ryoko Akamatsu, Emna Aouij, Gül Aykor, Dora Bravo Nuñez de Ramsey, Carlota Bustelo García del Real, Silvia Rose Cartwright, Ivanka Corti, Norma Monica Forde, Evangelina García-Prince, Salma Khan, Lin Shangzhen, Teresita Quintos-Deles and Hanna Beate Schöpp-Schilling.

Working Group I

29.The Secretariat proposed the following draft programme of work for Working Group I:

(a)Improving the effectiveness of the consideration of reports;

(b)Reports to be considered by the Committee at its thirteenth session;

(c)Composition of the pre-session working group for the thirteenth session;

(d)Contributions of the Committee to international conferences and years;

(e)Issues arising from the fourth meeting of persons chairing the human rights treaty bodies and from General Assembly resolution 47/111;

(f)Programme of work for the thirteenth session;

(g)Draft provisional agenda for the thirteenth session.

Working Group II

30.The Secretariat proposed the following draft programme of work for Working Group II:

(a)Preparation of general comments and general recommendations with regard to article 16 and related articles of the Convention;

(b)Preparation of a response to resolution 1992/3, on contemporary forms of slavery, of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

III. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

UNDER ARTICLE 18 OF THE CONVENTION

A. Introduction

31.At its twelfth session, the Committee considered the reports submitted by 11 States parties under article 18 of the Convention: three initial reports, one combined 12/ initial and second periodic report, six second periodic reports, one combined 12/ second and third periodic report and four third periodic reports. For the status of submission of reports by States parties, see annex VI to the present report.

32.The consideration of reports by the Committee is summarized below and contains a summary of the introductory presentation by the representatives of States parties, of the observations made and 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 give more detailed information on the reports submitted by States parties. According to rule 49 of the rules of procedure of the Committee, representatives of States parties shall be present at meetings of the Committee when the State's report is being examined and shall participate in discussions and answer questions concerning the report.

B. Consideration of reports

1. Initial reports*

Iraq

33.The Committee considered the initial report of Iraq (CEDAW/C/5/Add.66/Rev.1) at its 212th, 213th and 216th meetings, on 20 and 22 January (see CEDAW/C/SR.212, 213 and 216).

34.In introducing the report, the representative of Iraq pointed out that the political leadership in Iraq fully believed in the principle of equality between men and women even before acceding to the Convention, as reflected in the relevant legislation. She then gave a detailed explanation of the central role being played by the General Federation of Iraqi Women, the machinery for promoting women's rights and implementing the Convention. She said that the Federation had proposed draft laws ensuring equal rights for women, suggested amendments to existing laws, participated in deliberations on laws related to the status of women, and studied and given opinions on all draft laws proposed by the competent authorities. The Federation also operated family counselling centres on family and legal questions, thus becoming acquainted with women's problems on a continuous basis, and either gave advice directly or liaised with the competent authorities. Its services reached out also to rural women. Furthermore, the Federation had disseminated laws and regulations relating to women by the publication of a handbook.

*Including subsequent reports, if submitted, in those cases where the State party's initial report had not yet been considered by the Committee.

35.The Federation had proposed the formation of a national committee for following up the implementation of the Convention, identifying legislation that ran counter to its provisions. It had also submitted a number of proposals for promulgating, abrogating or amending legal provisions to make them compatible with the Convention.

36.The representative stated that the main obstacles to the implementation of the Convention were the outcome of historical circumstances that could not be overcome in a short period. They were the result of the economic, social and cultural backwardness of developing countries, the unjust world economic order, prevailing traditions and customs and society's vision of women. The most serious circumstance that hampered the implementation of the Convention was the economic blockade that had been imposed on Iraq since 1990, with its economic and social consequences and implications for health. Severe shortages of food and medical supplies could lead to famine in the country; prices of basic food commodities had risen sharply. The child mortality and morbidity rate had increased between 1990 and 1992. All those factors would result in a regression in the country's economic and social life.

General observations

37.Members of the Committee commended the report for its adherence to the general guidelines regarding the form and content of reports and the way it had been presented to the Committee. They welcomed also the fact that the country had sent a representative to present it, despite the difficult situation in which Iraq found itself as a result of the long war and the recent conflict with all its negative consequences for the status of women. They noted that the Government was making efforts to address the issue of the status of women. While members welcomed the fact that the issue of reservations had been addressed in the report, they found the reservations a matter of considerable concern. In noting the reasons given for entering reservations, they observed that there was a contradiction between the reservations and the view that the Shariah also guaranteed women equality with men, and that gender equality was guaranteed by the Constitution. Concern was shown because those reservations were of a fundamental nature and touched on the heart of the Convention. If the Government adhered to the principle of gender equality, as enshrined in the Constitution, it would have to amend the laws that were still discriminatory against women. However, the Government indicated that it did not believe in legislative shocks, and yet any new law constituted a kind of legislative shock. Members stated that such shocks were necessary if laws were to be progressive.

38.When members asked how the issue of gender equality was dealt with in the case of laws that still encouraged gender inequality, the representative explained that all legislation was drafted on the basis of the Constitution. It had to be implemented accordingly, except when it was in contradiction with the Shariah.

39.Members of the Committee said that although the situation of women in Iraq was one of the most advanced in the region, and the Government had made great efforts to achieve gender equality, it would be desirable if it were to carry out that task with a stronger sense of commitment and to envisage reconsidering the issue of reservations with the goal of removing them, especially those concerning articles 2, 9 and 16 of the Convention. The representative stated that a high-level committee had been set up with the President's approval especially for reconsidering the issue of reservations. The entering of reservations had stemmed from the Government's interest in implementing the Convention faithfully, but the reservations were not meant to delay or hamper the advancement of women. Iraq had enacted many laws in favour of women and had dealt flexibly with the provisions of the Shariah in a way that was best suited to the goals of the Convention.

40.In noting that an impression had been given that the Government was more concerned with making women into good citizens than with trying to obtain for them equal rights and equal opportunities, members said that the conditions of women would not improve as long as old habits prevailed. Asked whether statutory provisions and customary laws were the same for all women, regardless of race and religious belief, the representative said that, except for the provisions of the Shariah, all others were generally applicable, irrespective of sex and belief.

41.Members asked whether Iraq had also entered a reservation to the International Covenant on Civil and Political Rights and its Optional Protocol or to the International Covenant on Economic, Social and Cultural Rights with regard to the rights of women.

Questions related to specific articles

Article 2

42.Members of the Committee praised the active and varied role played by the General Federation of Iraqi Women. Asked whether the Federation reflected only the Government's views, whether women were obliged to join and whether there were any other women's organizations and, if so, what their methods were to advance the status of women, the representative explained that the Federation was a mass organization with political goals, the establishment of which had been approved by the Government, which supported it. It had legal competence and was morally, financially and administratively independent. Membership was not mandatory.

43.Talking about the way in which the Federation was involved in politics in Iraq, the representative stated that members of grass-roots organizations could participate in its discussions and that they had the right to vote in the national elections.

44.Questions were also asked about the election of the officers of the Federation and the kind of practices that it had changed or abolished.

45.In reply to a question, the representative stated that other political women's organizations also existed, but none of them enjoyed the popularity and expertise of the Federation.

46.Although the provisions of the Convention might be invoked in the courts, there had not been any cases of women having recourse to law courts in matters of discrimination.

Article 3

47.Further explanations were sought regarding the data given in tables 1 and 2 of the report and their relationship to the Government measures; it was felt that they were contradictory to the data given in table 18 of the report.

Article 4

48.As the report had not spelt out any actual temporary special measures, it was asked whether any such measures had been taken or whether the reference to them in the report constituted only a declaration of intent.

Article 5

49. Asked how the obligation of obedience on the part of women to men was compatible with the principle of gender equality, the representative said that obedience was based on mutual respect and that Iraqi law had departed from the principle of arbitrary obedience. A woman was not obliged to live with her husband under certain circumstances, such as in cases of marital violence, lack of adequate financial support, contraventions of laws or the Shariah, or failure to pay the dowry.

50.Asked about the type of legal and practical measures taken in those cases, the representative said that, in the case of marital violence, a wife might request a separation before the competent courts, she might institute legal proceedings or ask for compensation for the moral or material harm inflicted upon her. The condemnation of the husband, which could be followed by imprisonment or a money fine, might be used as a ground for divorce.

51.As to the means undertaken by the General Federation of Iraqi Women to protect female victims of violence, the representative said that their affiliated family counselling centres used a certain formula for the friendly settlement of family disputes or else they might refer the matter to the competent courts. No statistics were available on the incidence of violence against women. Members also asked what the concept of the "biological function" of women and men was in the policies of the Government.

52.In an additional comment, members observed that the one-sided duty of the wife to be obedient to her husband was contrary to the principle of equality.

Article 6

53.Asked about the effects that the law had on combating prostitution and whether, through its enforcement, prostitution and traffic in women could be eliminated, the representative said that the phenomenon could not be stamped out through a law. However, the establishment of rehabilitation centres was aimed at preventing the recurrence of prostitution. An active role in the rehabilitation process was also played by the General Federation of Iraqi Women in administering health services, organizing educational seminars and providing financial support. But the economic blockade of the country made the provision of all those measures rather difficult.

Article 7

54.Referring to questions about the conditions for voting and being eligible to be elected to the National Assembly the representative said that the general age at which one could vote was 18 years; in certain cases, it was not less than 25 years, and it was necessary that one had Iraqi nationality and that one's parents had Iraqi nationality. The conditions were the same for women and for men.

55.The electoral system in Iraq involved voting for individual candidates rather than for lists of candidates. After the 1988 elections, the percentage of women in the National Assembly was 10.8 per cent. No quota regulations existed.

56.No statistical data were available for the percentage of women voters in the 1980, 1984 and 1988 elections, nor were explanations given on which method was applied for selecting candidates.

57.Regarding observations made by members on the low percentage of female members of political parties, the low representation of women in the judiciary, and women's absence at high-level posts in executive bodies, and regarding questions whether the reasons were lack of interest on the part of women, lack of equal opportunities or lack of the necessary encouragement, the representative stated that there were some women, although the percentage was still low. The reasons were partly illiteracy, women's unawareness of their political rights, and the preference that women gave to family obligations. Efforts were being made to increase the percentage of women in the judiciary because they had proved themselves to be capable in that field. As a result of their efficiency, women were gradually gaining self-confidence.

58.Regarding the request for statistical data on the participation of women in public administration, in general, and the percentage of women with university degrees in high-level public administration positions in particular, the representative referred to tables 1, 2-11, 13, 15 and 22 of the report.

59.No data were provided on the percentage of women in political decision-making positions nor was any answer given to the question whether political parties had their own women's organizations.

60.The representative mentioned awareness-raising programmes and seminars to encourage the political participation of women. There was also a women's magazine that dealt with economic, political and educational issues from the perspective of women. Unfortunately, its distribution had had to be suspended in the wake of the economic blockade.

61.Asked why the service of women in the army was limited to some well-defined ranks, the representative commented that military service was not compatible with the biology of women, and that data would be supplied in the subsequent report.

62.Referring to a request for more information on women in what had been referred to in the report as the autonomous region of Kurdistan, she explained that there was no inequality between women and men, they were governed by the general laws and there was a regional legislative assembly.

Article 9

63.Members urged the Government to review its Nationality Act of 1961 with a view to eliminating gender discrimination. The representative explained that, in the case of a marriage between an Iraqi woman and a foreigner, the man could not acquire Iraqi nationality nor were the children of such a union entitled to Iraqi nationality.

Article 10

64.Asked about the appropriate age for girls to leave school and get married or start working, the representative said that the parents would be sanctioned if they asked their daughters to leave school before they had completed secondary school. Girls were allowed to start working at the age of 16 years. Although it was up to the parents to decide whether their daughters continued higher education, the State was trying to encourage the higher education of girls.

65.Regarding a request for further details on the status of the Comprehensive National Campaign for the Compulsory Eradication of Illiteracy, the representative referred to the information contained in the report.

Article 11

66.Asked for a further explanation of what seemed to be a discrepancy between the status of working mothers in the private and the State sectors with regard to maternity leave, the representative said that women working in the State sector had guaranteed paid maternity leave. Private employers could not be forced to grant the same benefits because even if they were obliged to grant them, they were still free to dismiss women wishing to take maternity leave. Although the General Federation of Iraqi Women had proposed certain measures to the authorities, it was difficult to implement them because of the economic blockade. Regarding the different retirement ages for women and men under the Workmen's Pension and Social Security Law of 1971, the representative said that that provision did not constitute discrimination because women were not forced to retire at the age of 55, but could choose to do so if they so wished.

67.Regarding a clarification of the reasons for the decrease in the number of nurseries and day-care centres, as set out in table 19 of the report, and the simultaneous increase in the number of working women in Iraq, the representative said that after the long war, the State was in favour of private day-care centres.

68.Concerning the protective legislation provided under article 81 of the Labour Law of 1987, and related questions about the type of hard work and work harmful to women's health that was prohibited, whether such prohibition was justified for objective reasons and whether it did not lead to discrimination, the representative said that there was no inventory of jobs in that category, but that the provision concerned jobs that were not compatible with the biology of women.

Article 12

69.Asked whether women's health, in general, was protected by legislation or whether the Law of Public Health of 1981 referred only to motherhood, the representative stated that adequate health services were provided free of charge to everyone.

70.Regarding questions relating to the practice and number of abortions, and to the availability, legal coverage and easy accessibility of family planning means and methods, the representative stated that abortions were generally considered to be against the provisions of the Shariah, but for medical reasons they could be carried out in public hospitals, but not in private clinics.

71.Asked about the percentage of maternal mortality, the representative said that the maternal mortality rate had been rising since the blockade, especially as a result of malnutrition, weakness and anaemia.

72.Considering comments on the high percentage of women undergoing surgery, the representative said that abortions could be included in the figures given in table 21 of the report if they had been carried out on a medical prescription. Asked whether women doctors were employed only in government hospitals or also in private clinics, the representative said that the statistical data covered only women doctors in public hospitals.

Article 13

73.Regarding a request for further clarification on women's access to credit, and questions whether the beneficiaries were only public administration officials or also rural or even illiterate women, the representative said that loans were given to rural women if they were landowners; however, the granting of loans had generally been reduced as a result of the blockade.

74.In an additional comment, further clarification was requested on the access of women to credit, bearing in mind that credit constituted the doorway to economic activity for women.

Article 14

75.Regarding a request for more information on the measures that existed to ease the situation of rural women, the representative referred to the information contained in the report under article 14. She also said that women were able to conclude contracts with cooperatives in their own name.

76.A clarification was requested of the statement in the report that the application of laws and regulations to rural women still left "something to be desired". It was asked whether it was because of lack of information, illiteracy, discrimination on the part of banking institutions, pecuniary problems or lack of self-confidence on the part of women. It was also asked what were the reasons for, and what was the percentage of, farmers' households that were headed by single women.

Article 15

77.The representative said that the judicial proceedings were in conformity with the Convention. No information was given on how the legal provisions that protected women's rights were disseminated.

Article 16

78.Members welcomed the extensive explanations in the report in connection with article 16, but they commented negatively on the persistence of polygamy in Iraq. Referring in particular to a decree of 1991, according to which a loan of 7,000 dinars was granted to any man who married a war widow, it was commented that such an encouragement of polygamy was unacceptable. Asked whether the decree had been promulgated and whether its provisions were subject to any limitations, the representative said that it was of a temporary nature and had been put into force for the protection of women before the outbreak of the war. Widows of men who were termed "martyrs" were granted lodging, a vehicle, financial facilities, credits and higher salaries.

79.No information was supplied on the incidence of polygamous marriages and on whether women wished to change the system of polygamy. However the representative explained that, in Iraq, polygamy was allowed only under certain very strict conditions, as set out in the report. In case of non-compliance, the consequences were three to five years' imprisonment for the husband and the possibility for the wife to request a divorce.

80.The minimum marriageable age was 15 years for both girls and boys with - and 18 years without - parental authorization. With regard to the reason why a mentally ill person could contract a marriage, but why such a person's divorce was not valid, the representative said that, under the Shariah, a mentally handicapped person could conclude a marriage if a certificate, signed before a competent legal authority, indicated that the spouse was aware of the handicap and was still prepared to enter into the marriage. In such a case, no divorce based on the existence of the handicap could be granted later.

81.In clarifying the term "legitimate woman" in the definition of a marriage contract in the report, the representative said that the term was really "legitimate wife", thus excluding sisters and other close relatives.

82.Asked about the possibilities for a woman to obtain a divorce and whether they were identical for both spouses, the representative referred to the information contained in the report and said that both spouses could request a divorce for certain well-specified reasons. The marriage could also be annulled if it had not been consummated within two years, if the husband had a contagious disease or if he refused to contribute to the wife's maintenance. A woman could also divorce her husband for lack of harmony, a very common ground for divorce, which could encompass many reasons. After divorce, the woman was entitled to reside for three more years in the marital domicile. If the husband divorced his wife without an acceptable reason, the wife could request financial compensation. If a marriage was contracted under duress or with the use of violence, the perpetrator was imprisoned for 3 to 10 years.

83.Information was requested on whether the provision under which "a mother is more entitled to the custody of her child during her marriage", and after separation, conformed to the Shariah. Members also asked whether the General Federation of Iraqi Women had been opposing the current practices and laws in family relations and whether there were any other areas in which personal laws had such a strong impact on the status of women in Iraq as in the field covered by article 16 of the Convention.

84.In additional comments, the representative pointed out that the example of other Muslim countries showed that it was possible to base the provisions in force on secular laws rather than on the Shariah, and consequently to do away with polygamy. Even if all legislation remained within the purview of the Koran, new interpretations could be found in order to change the policies of the country.

Concluding observations

85.The representative of Iraq stressed the political will of her country to implement the articles of the Convention with the aim of promoting the social, economic and cultural status of women. In spite of the difficult situation brought about by the war, the country was pursuing the goal of progressive legislation. Women faced obstacles that had to be periodically reviewed in order to abolish discriminatory laws. Another obstacle was the psychological reluctance on the part of both women and men to accept the enacted new laws. But the backwardness of developing countries in general and the economic blockade had most severely harmed the situation of women.

86.Members commended the informative replies given by the representative of Iraq and expressed understanding for the difficult economic and political conditions in which the Government was trying to promote the advancement of women. It was hoped that the subsequent report would be submitted as early as possible and that it would contain details about the number of women and children that had been affected by military action and the blockade. Members commended the political determination of Iraq to improve the status of women in the process of modernization; however, they questioned how progress could be achieved if the reservations to the Convention were maintained.

Kenya

87.The Committee considered the combined initial and second periodic reports of Kenya (CEDAW/C/KEN/1-2) at its 217th, 218th and 221st meetings, on 25 and 27 January (see CEDAW/C/SR.217, 218 and 221).

88.In introducing the report, the representative of Kenya emphasized that societal and cultural attitudes remained major obstacles to the achievement of full de facto equality between men and women. She outlined the measures that had been taken by the Government to implement the Convention in the light of the situation of women in the country and the country's culture and values.

89. She indicated that, despite the progress made in achieving de jure equality, women continued to be discriminated against because of their economic situation and lower standard of education, the various laws governing marriage and divorce, and the fact that women workers were concentrated in the private sector. She stated that the traditional inferior status of women was reinforced by the predominance of marriages under some form of customary law that limited women's rights. Discrimination manifested itself also at the level of decision-making, where women were few.

90.There had been encouraging achievements, however, through policies, programmes and projects. She stated that the Women's Bureau, which the Government had set up as a division within the Ministry of Culture and Social Services, recognized the need for a gender and development policy and, in 1988, it had started to develop a national policy providing guiding principles that would influence the national and sectoral planning process and lead to the overall goal of putting gender concerns in the mainstream of the development process. The task of the Bureau was to ensure that the Government's policies diminished gender disparities.

91.The report gave a detailed account of the measures adopted by the Government in its implementation of the articles of the Convention, particularly its efforts to ensure equal access to public services, such as health care and education, and to allow the full participation of women in public and political life. The representative described the measures taken by the Government aimed at improving the economic situation of women, particularly in the framework of agricultural policies.

92.She also stressed the important role of women in national development, particularly after independence in 1963. The Government had shown its sincere commitment to, and acceptance of, its obligations under the Convention, but the few areas that might need some change were those affected by customary laws and cultures.

93.In commenting on the various articles of the Convention, the representative drew the attention of the members to the areas that might need changes or amendments, and which were affected by customary law and culture. She also described the Law Reform, the 8-4-4 system of education that did away with the stereotyped roles of men and women and the registration of various laws on marriage and divorce.

General observations

94.In its general comments, the Committee expressed its appreciation of the fact that Kenya had ratified the Convention without reservations, and for its frank and comprehensive report giving a clear picture of the real situation of women in Kenya, as well as the obstacles encountered. The efforts to overcome discrimination made by Kenya since the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, held at Nairobi in 1985, and the priority given to implementing the Convention, were noted, especially in the light of the difficult economic conditions that the country was facing. One of the members expressed her concern that the report had not complied with the general guidelines regarding the form and content of reports and she suggested that, in future, Kenya should seek assistance from the Secretariat. The members also expressed their concern that the report did not contain sufficient statistical information.

95. More information was requested on de jure and de facto discrimination and how the Convention was applied in Kenya. The Committee suggested that the Government needed to take action to eliminate conflicts between laws, customary practices and the economic situation.

96. Members acknowledged that the report had to be viewed against a background of specific cultural attitudes, which had a bearing on the situation of women in Kenya, and the coexistence of a different system of law. Some members observed that, despite the high percentage of women voters, women were hardly represented in higher political office. It would be difficult for women to promote themselves if they could not participate in the planning and development of the country.

97. It was also noted by the Committee that, although women had been promoted to senior posts and high diplomatic posts, their numbers were still few. There were programmes and projects relating to different groups of women. It was noted that in the area of finance, the Government was taking action. Basic education for children and vocational training were offered, as well as scholarships. There were health programmes for both urban and rural areas. The Committee also noted that socio-cultural prejudices still prevailed and considered that there was a need for a continuous effort to overcome them. Literacy was considered a keystone to the solution of problems and, since half of the female population was illiterate, the Government and the women's organizations faced an urgent task. If illiterate women could not understand the information distributed, they could not take part in the decision-making process. With regard to illiteracy programmes, members asked whether women were restrained from going to classes, whether family obligations were an obstacle to senior training positions, and whether measures were being taken to address the situation and, if so, what those measures were.