[Original: English/French/Spanish]
[12 April 1994]
CONTENTS
ChapterParagraphs 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 - 2916
A.States parties to the Convention .................1 - 216
B.Opening of the session ...........................3 - 816
C.Membership and attendance ........................ 917
D.Adoption of the agenda ...........................1017
E.Report of the pre-session working group ..........11 - 2117
F.Organization of work .............................2219
G.Composition and organization of work of the
working groups ...................................23 - 2919
III.REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE ............................................30 - 3521
IV.CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 18 OF THE CONVENTION ...................36 - 77623
A.Introduction .....................................36 - 3723
B.Consideration of reports .........................38 - 77623
CONTENTS (continued)
ChapterParagraphs Page
1.Initial reports ..............................38 - 36823
Guatemala ....................................38 - 8723
Guyana .......................................88 - 12531
Libyan Arab Jamahiriya .......................126 - 18538
Madagascar ...................................186 - 24445
Netherlands ..................................245 - 31753
Zambia .......................................318 - 36863
2.Second and third periodic reports ............369 - 72871
Australia ....................................370 - 41272
Barbados .....................................413 - 44980
Colombia .....................................450 - 49886
Ecuador ......................................499 - 54594
Japan ........................................546 - 607101
New Zealand ..................................608 - 665111
Senegal ......................................666 - 728120
3.Reports submitted on an exceptional basis ....729 - 776128
Bosnia and Herzegovina .......................732 - 757128
Federal Republic of Yugoslavia (Serbia and
Montenegro) ..................................758 - 776133
V.IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION .......777 - 783139
Action taken by the Committee on the report of Working
Group II .............................................779 - 783139
VI.WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE784 - 823140
A.Action taken by the Committee on the report of
Working Group I ..................................805 - 821143
B.Plan of activities of the Centre for Human Rights
of the United Nations Secretariat ................822145
C.Feasibility of preparing an optional protocol to
the Convention ...................................823145
CONTENTS
ChapterParagraphs Page
VII.CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL
CONFERENCES ..........................................824 - 840146
A.Fourth World Conference on Women .................824 - 830146
B.International Conference on Population and
Development ......................................831149
C.World Summit for Social Development ..............832 - 840149
VIII.PROVISIONAL AGENDA FOR THE FOURTEENTH SESSION OF THE
COMMITTEE ............................................841 - 843151
IX.ADOPTION OF THE REPORT ...............................844153
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 women’s 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.</