Comment

A

UNITED

NATIONS

 


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General Assembly

 

Comment                                                                                                                     Distr.

                                                                                                                    GENERAL

 

                                                                                                                    A/50/38

                                                                                                                    31 May 1995

                                                                                                                    ENGLISH

                                                                                                                    ORIGINAL: ENGLISH/FRENCH/

                                                                                                                               SPANISH


 

 

Comment Fiftieth session

 

 

 

 

 

 

 

 

 

 

 

 

REPORT OF THE COMMITTEE ON THE ELIMINATION OF

DISCRIMINATION AGAINST WOMEN*

 

Fourteenth session

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________

 

          *        The present document is a mimeographed version of the report of the Committee on the Elimination of Discrimination against Women on its twelfth session. The report will be issued subsequently as Official Records of the General Assembly, Fiftieth Session, Supplement No. 38 (A/50/38).

 

95-16044 (E) 100795                                                                                                                                 /...

*9516044*


CONTENTS

 

Chapter                                                       Paragraphs Page

 

LETTER OF TRANSMITTAL ..................................................    6

 

 I.  MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIES ...............    7

 

     A. General recommendation 22 (fourteenth session) ...............    7

 

     B. Suggestions ..................................................    8

 

        Suggestion 7 .................................................    8

 

        Suggestion 8 .................................................   11

 

     C. Decisions ....................................................   12

 

        Decision 14/I ................................................   12

 

        Decision 14/II ...............................................   13

 

        Decision 14/III ..............................................   14

 

     D. Other matters ....................................1 - 5         15

 

        Adequate meeting time to consider reports of

        States parties ...................................1 - 5         15

 

II.  ORGANIZATIONAL AND OTHER MATTERS .....................6 - 33         17

 

     A. States parties to the Convention .................6 - 7         17

 

     B. Opening of the session ...........................8 - 17         17

 

     C. Membership and attendance ........................18 - 20        18

 

     D. Solemn declaration ............................... 21        19

 

     E. Election of officers ............................. 22        19

 

     F. Adoption of the agenda and organization of work .. 23        19

 

     G. Report of the pre-session working group ..........24 - 27        20

 

     H. Composition and organization of work of the

        working groups ...................................28 - 33        20

 

III. REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN

     BETWEEN THE THIRTEENTH AND FOURTEENTH SESSIONS OF THE

     COMMITTEE ............................................34 - 39        23

 

 


CONTENTS (continued)

 

Chapter                                                       Paragraphs Page

 

IV.  CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

     UNDER ARTICLE 18 OF THE CONVENTION ...................40 - 637       25

 

     A. Introduction .....................................40 - 41        25

 

     B. Consideration of reports .........................42 - 591       25

 

        1.  Initial reports ..............................42 - 159      25

 

             Bolivia ......................................42 - 104      25

 

             Chile ........................................105 - 159     35

 

        2.  Initial and second periodic reports ..........160 - 344     44

 

             Mauritius ....................................160 - 217     44

 

             Tunisia ......................................218 - 277     52

 

             Uganda .......................................278 - 344     61

 

        3.  Second periodic reports ......................345 - 451     71

 

             Finland ......................................346 - 397     71

 

             Peru .........................................398 - 451     79

 

        4.  Third and fourth periodic reports ............452 - 552     89

 

             Norway .......................................452 - 495     89

 

             Russian Federation ...........................496 - 552     99

 

        5.  Reports submitted on an exceptional basis ....553 - 591    110

 

             Croatia ......................................556 - 591    110

 

     C. Concluding comments on reports considered at the

        thirteenth session ...............................592 - 637     116

 

        Australia ........................................593 - 601     116

 

        Colombia .........................................602 - 615     117

 

        Guyana ...........................................616 - 626     119

 

        Japan ............................................626 - 636     120

 

 


CONTENTS (continued)

 

Chapter                                                       Paragraphs Page

 

  V. WAYS AND MEANS OF EXPEDITING THE WORK OF THE

     COMMITTEE ...........................................637 - 664     123

 

     A. Action taken by the Committee on the report of

         Working Group I .................................639 - 657     123

 

     B. Plan of activities of the Centre for Human Rights

         of the United Nations Secretariat ............... 658      129

 

     C. Presentation of the Special Rapporteur on

         Violence against Women ..........................659 - 661     129

 

     D. Presentation of the Gender Statistics Unit of the

         Statistical Division of the Secretariat ......... 662      130

 

     E. Presentation of the Harrison Program on the

         Future Global Agenda and the American Association

         for the Advancement of Science ..................663 - 664     130

 

 VI. IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ......665 - 671     131

 

     A. Action taken by the Committee on the report of

         Working Group II ................................ 667      131

 

     B. Elements for an optional protocol to the

         Convention ...................................... 668      131

 

     C. General recommendations on articles 7 and 8;

         general recommendation on article 2 ............. 669      131

 

     D. Document prepared by the United Nations

         Educational, Scientific and Cultural Organization

         on the Committee on the Elimination of

         Discrimination against Women ....................670 - 671     131

 

VII. CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONAL

     CONFERENCES .........................................672 - 679     135

 

     A. Fourth World Conference on Women ................672 - 675     135

 

     B. The Committee's input to the World Summit for

         Social Development .............................. 676      136

 

     C. Follow-up to the International Conference on

         Population and Development ......................677 - 679     136

 

VIII. PROVISIONAL AGENDA FOR THE FIFTEENTH SESSION OF THE

     COMMITTEE ...........................................680 - 681     137

 

 IX. ADOPTION OF THE REPORT .............................. 682      138

 

 


CONTENTS (continued)

 

                                                                           Page

Annexes

 

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

     of Discrimination against Women as at 3 February 1995 ............  139

 

II.  Membership of the Committee on the Elimination of Discrimination

     against Women ....................................................  143

 

III. Documents before the Committee at its fourteenth session .........  144

 

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

     3 February 1995 ..................................................  146

 

     A. Initial reports ..............................................  146

 

     B. Second periodic reports ......................................  152

 

     C. Third periodic reports .......................................  157

 

     D. Fourth periodic reports ......................................  160

 

     E. Reports submitted on an exceptional basis ....................  160

 


LETTER OF TRANSMITTAL

 

3 February 1995

 

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 fourteenth session from 16 January to 3 February 1995 at United Nations Headquarters. It adopted the report on the session at its 284th meeting, on 3 February. The report is herewith submitted to you for transmission to the General Assembly at its fiftieth 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 22 (fourteenth session)

 

Amending article 20 of the Convention

 

     The Committee on the Elimination of Discrimination against Women,

 

     Noting that the States parties to the Convention on the Elimination of All Forms of Discrimination against Women, at the request of the General Assembly, will meet during 1995 to consider amending article 20 of the Convention,

 

     Recalling its previous decision, taken at its tenth session, to ensure effectiveness in its work and prevent the building up of an undesirable backlog in the consideration of reports of States parties,

 

     Recalling that the Convention is one of the international human rights instruments that has been ratified by the largest number of States parties,

 

     Considering that the articles of the Convention address the fundamental human rights of women in all aspects of their daily lives and in all areas of society and the State,

 

     Concerned about the workload of the Committee as a result of the growing number of ratifications, in addition to the backlog of reports pending consideration, as reflected in annex I,

 

     Concerned also about the long lapse of time between the submission of reports of States parties and their consideration, resulting in the need for States to provide additional information for updating their reports,

 

     Bearing in mind that the Committee on the Elimination of Discrimination against Women is the only human rights treaty body whose meeting time is limited by its Convention, and that it has the shortest duration of meeting time of all the human rights treaty bodies, as reflected in annex II,

 

     Noting that the limitation on the duration of sessions, as contained in the Convention, has become a serious obstacle to the effective performance by the Committee of its functions under the Convention,

 

     1.  Recommends that the States parties favourably consider amending article 20 of the Convention in respect of the meeting time of the Committee, so as to allow it to meet annually for such duration as is necessary for the effective performance of its functions under the Convention, with no specific restriction except for that which the General Assembly shall decide;

 

     2.  Recommends also that the General Assembly, pending the completion of an amendment process, authorize the Committee to meet exceptionally in 1996 for two sessions, each of three weeks' duration and each being preceded by pre-session working groups;

 

     3.  Recommends further that the meeting of States parties receive an oral report from the chairperson of the Committee on the difficulties faced by the Committee in performing its functions;

 

     4.  Recommends that the Secretary-General make available to the States parties at their meeting all relevant information on the workload of the Committee and comparative information in respect of the other human rights treaty bodies.

 

 

B. Suggestions

 

Suggestion 7. Elements for an optional protocol to the Convention

 

Background

 

1.   The Vienna Declaration and Programme of Action, adopted by consensus by States Members of the United Nations at the 1993 World Conference on Human Rights, stresses the need for women to make effective use of existing procedures under international human rights instruments. It also emphasizes the need for the adoption of new procedures and, in particular, a petition procedure for the Convention on the Elimination of All Forms of Discrimination against Women. It states that 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".

 

2.   The question of the preparation of a protocol to the Convention was discussed by the Committee at its thirteenth session in 1994. In its suggestion 5, the Committee asked the Commission on the Status of Women to request that an expert group meeting be convened during 1994, "composed of 5 to 10 independent experts with a knowledge of the different forms of civilization and of the principal legal systems". The expert group was asked to prepare a draft optional protocol to the Convention and the report of that meeting was to be presented to the Committee for its comments and to the Commission for action. The Committee also designated one of its members to prepare a paper on the subject for its 1995 session.

 

3.   The Committee regrets that, at the thirty-eighth session in 1994, the Commission on the Status of Women did not convene an expert group meeting. The Commission decided however that, at its thirty-ninth session in 1995, in cooperation with the Committee, it would examine the feasibility of introducing the right of petition through the preparation of an optional protocol to the Convention, taking into account the results of any governmental expert group meeting on the question that might have been convened. The decision of the Commission on the Status of Women was echoed by the Economic and Social Council in its resolution 1994/7.

 

4.   Bearing in mind the decision of the Commission on the Status of Women, and in order to expedite matters, the Maastricht Centre for Human Rights at the University of Limberg, in conjunction with the International Human Rights Law Group, with the financial assistance of the Governments of the Netherlands and Australia, convened an expert group meeting during 1994. Participants were drawn from different regions and from different legal systems, had a knowledge of international law and experience of the other human rights treaty bodies and included three members of the Committee. The draft optional protocol prepared by the expert group drew on existing international and regional procedures. The draft, together with other relevant documents, served as the basis for discussion by the Committee at its fourteenth session. As a result of those discussions, the overwhelming majority of the members of the Committee suggested that the following ideas be submitted to the Commission on the Status of Women for consideration. One member of the Committee expressed her reservation with regard to paragraphs 8 and 12 to 26.

 

Elements of an optional protocol

 

5.   States parties to the Convention should have the option to ratify or accede to the optional protocol. "State party" in this section means one that has ratified or acceded to the optional protocol.

 

6.   Two procedures should be envisaged: a communications procedure and an inquiry procedure.

 

7.   Communications      may be submitted by an individual, group or organization suffering detriment from a violation of rights in the Convention or claiming to be directly affected by the failure of a State party to comply with its obligations under the Convention or by a person or group having a sufficient interest in the matter.

 

8.   Communications would be in writing and confidential.

 

9.   The admissibility of a communication would be subject to the following:

 

     (a) The communication would be inadmissible if a State party to the Convention had not ratified or acceded to the optional protocol;

 

     (b) It should not be anonymous;

 

     (c) It should disclose an alleged violation of rights or an alleged failure of a State party to give effect to obligations under the Convention;

 

     (d) It should relate to acts or omissions that occurred after the State party ratified or acceded to the Convention, unless the violation or failure to give effect to those obligations or the impact continued after the protocol took effect for that State party;

 

     (e) It should not be an abuse of the right to submit a communication;

 

     (f) A communication would be declared inadmissible by the Committee if all domestic remedies had not been exhausted, unless the Committee considered that requirement unreasonable. If the same matter was being examined under another international procedure, the Committee would declare the communication inadmissible unless it considered that procedure unreasonably prolonged;

 

     (g) The communication would be inadmissible if the author, within a reasonable period, failed to provide adequate substantiating information.

 

10.  Pending examination of a communication, the Committee should have the right to request that the status quo be preserved, and a State party should give an undertaking to that effect, in order to avoid irreparable harm. Such a request should be accompanied by information confirming that no inference could be drawn that the Committee had determined the merits of the communication.

 

11.  While the State party would be informed confidentially of the nature of the communication, the author's identity would not be revealed without that person's consent. The State party would, within a specified period, provide replies or information about any remedy. While the process of examination continued, the Committee would work in cooperation with the parties to facilitate a settlement which, if reached, would be contained in a confidential report of the Committee.

 

12.  The Committee would examine communications in the light of all information provided by the State party, or by the author or received from other relevant sources. All such information would be transmitted to the parties for comment. The Committee would set its procedures, hold closed meetings when examining communications and, as a whole Committee, adopt and transmit views and any recommendations to the parties. While examining a communication, the Committee might, with the agreement of the State party concerned, visit its territory.

 

13.  When the whole Committee considered that the communication had been justified, it might recommend remedial measures or measures designed to give effect to obligations under the Convention. The State party would remedy violations and implement recommendations. It would also ensure that an appropriate remedy (which might include adequate reparation) was provided. It would also provide the Committee within a set period with details of the remedial measures taken.

 

14.  The Committee should have the power to initiate and continue discussions concerning such measures and remedies and have the power to invite the State party to include such information in its reports under article 18 of the Convention.

 

15.  The Committee would, in its confidential report, summarize the nature of communications received, its examination of them, the replies and statements of the States parties concerned and its views and recommendations.

 

16.  The Committee would have the power to delegate to a working group its responsibilities under this section. The working group would report to the Committee and the Committee alone would have the power to adopt views and make recommendations.

 

Inquiry procedure

 

17.  If the Committee received reliable information indicating a serious or systematic violation by a State party of rights under the Convention or of a failure to give effect to its Convention obligations, the Committee should have the right to invite that State party to cooperate in examining the information and in submitting observations on it. After considering those observations and any other relevant information, the Committee should have the power to designate one or more of its members to conduct an inquiry and report urgently to the Committee.

 

18.  Such an inquiry would be conducted with the cooperation of the State party and might, with its agreement, include a visit to its territory.

 

19.  Following the examination of the findings, which would be transmitted to the State party, the latter would have a set period in which to make observations in response.

 

20.  The inquiry would be conducted confidentially and at all stages with the cooperation of the States parties.

 

21.  The Committee would encourage the State party to discuss the steps taken by it as a consequence of the inquiry. Those discussions might be continued until a satisfactory outcome was achieved. The Committee might ask the State party to report on its response to the inquiry in its report under article 18 of the Convention.

 

22.  After completing all those steps, the Committee would be empowered to publish a report.

 

23.  When ratifying or acceding to the optional protocol the State party would undertake to assist the Committee in its inquiries and to prevent any obstacles to, or victimization of, any person who provides the Committee with information or assists it in its inquiries.

 

General matters

 

24.  States parties would publicize the protocol and its procedures, the Committee's views and any recommendations concerning a communication received or inquiry conducted.

 

25.  The Committee would develop rules and procedures that would enable it to conduct its work fairly, efficiently and, as necessary, urgently.

 

26.  Meeting time of not less that three weeks per annum and resources, including expert legal advice, would be made available to enable the Committee to conduct its work under the Convention.

 

27.  Procedures for the signing, ratification, accession and entry into force of the protocol should be prescribed.

 

28.  No State-to-State communication procedure should be included and no reservations permitted.

 

29.  Procedures for amendment and denunciation and the authentic texts of the protocol should be prescribed.

 

 

           Suggestion 8. Follow-up to the International Conference on

                          Population and Development

 

     The Committee on the Elimination of All Forms of Discrimination against Women,

 

     Recognizing the importance of maintaining effective communication and meaningful dialogue with United Nations bodies active in the field of human rights in general and women's rights in particular,

 

     Considering the need to ensure its participation and involvement in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,

 

     Affirming its support for the Programme of Action of the International Conference on Population and Development, held in Cairo from 5 to 13 September 1994, and its centrality to the goal of gender equality and the empowerment of women throughout the world,

 

     Recalling the provisions of articles 10 (h), 12 and 16 (e) of the Convention on the Elimination of All Forms of Discrimination against Women with respect to, among other things, the right of access to family health and family planning education, the right to equality in health care services, the right to receive appropriate pregnancy and childbirth services, and the right to equality in deciding freely and responsibly on the number and spacing of children,

 

     Noting the importance of women's reproductive health as a pre-condition to their enjoyment of all other human rights and freedoms, including the fundamental right to life, on a basis of equality with men,

 

     Noting also the information received by the Committee at its fourteenth session from the World Health Organization on HIV/AIDS and women's human rights in the context of the Convention,

 

     Recalling the comments in the report of the fifth meeting of persons chairing the human rights treaty bodies (A/49/537, annex), encouraging cooperation with the specialized agencies and other United Nations bodies to ensure consistency in the application of related provisions of the human rights treaties and other international instruments,

 

     1.  Decides to employ the reporting mechanism under the Convention on the Elimination of All Forms of Discrimination against Women so as to follow the implementation of the Programme of Action of the International Conference on Population and Development with respect to women's human rights;

 

     2.  Decides also that the Committee shall develop a jurisprudence of standards of international law in the field of women's reproductive health;

 

     3.  Requests the Chairperson of the Committee to consult with the Executive Director of the United Nations Population Fund on the possibility of convening a meeting of the chairpersons of all the human rights treaty bodies to promote the effective exchange of information among them, as well as the coordination with the relevant organs of the United Nations system, as regards the follow-up to the Programme of Action with respect to human rights.

 

 

C. Decisions

 

Decision 14/I

 

1.   The Committee decides that its concluding comments developed on the basis of a constructive dialogue with each State party should be sent in the language of adoption to each State party separately from the report and immediately after the conclusion of each session of the Committee.

 

2.   The Committee notes that the summary records of the Committee's thirteenth session were only received at the fourteenth session and were incorrect and incomplete. Therefore, the Committee decides to request the Secretariat to ensure that the summary records are complete and issued in a timely manner in order to facilitate correction.

 

3.   The Committee notes that the Spanish translation of the Convention issued by the Department of Public Information of the Secretariat is inaccurate, in particular article 10 (h) thereof. The Committee decides to request the Secretariat to review all translations issued by the Department of Public Information to ensure their accuracy.

 

4.   The Committee expresses its wish to review as soon as possible the draft Platform for Action, which will be discussed at the Fourth World Conference on Women. It requests the Secretariat to send copies to the members of the Committee.

 

Decision 14/II

 

     The Committee on the Elimination of Discrimination against Women,

 

     Recalling that the Vienna Declaration and Programme of Action, 1/ adopted in June 1993, recognizes that the human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights, and stressing that, as a consequence, the human rights of women should form an integral part of United Nations human rights activities, including the promotion of all human rights instruments relating to women,

 

     Taking into account the recommendation of the meeting of the persons chairing the human rights treaty bodies at their third, fourth and fifth meetings, 2/ that the Committee be located at Geneva with servicing provided by the Centre for Human Rights of the Secretariat,

 

     Recalling that, at its last few sessions, the Committee has considered the advantages for women's human rights if they are integrated into the mainstream of the United Nations treaty bodies,

 

     Recalling also resolution 38/2 of 18 March 1994 of the Commission on the Status of Women 3/ on the mainstreaming of women's human rights, and resolution 1994/45 of 4 March 1994 of the Commission on Human Rights 4/ on integrating the rights of women into the human rights mechanisms of the United Nations,

 

     Noting that the Committee at its annual meetings considers issues which have expanded both in number and in substance, and which therefore reflect the increasing relevance of women's human rights,

 

     Bearing in mind that article 20.2 of the Convention should be applied in such a way that States parties could be encouraged to present their reports on schedule,

 

     1.  Requests the Secretary-General to locate the Committee on the Elimination of Discrimination against Women at Geneva with servicing provided by the Centre for Human Rights;

 

     2.  Also requests that the Secretary-General provide the Committee with the necessary staff and facilities for the effective performance of the functions of the Committee in accordance with article 17.9 of the Convention on the Elimination of All Forms of Discrimination against Women, and keeping in mind the link with the Division for the Advancement of Women;

 

     3.  Declares that the roles that the Commission on the Status of Women and the Committee play are important in making the general human rights work of the United Nations more gender conscious and in promoting the universal and indivisible human rights of women, and therefore requests the Secretary-General to ensure that the link between the Commission on the Status of Women and the Committee be maintained, the continued implementation of article 21.2 of the Convention being one such link;

 

     4.  Urges the Secretary-General to expedite the implementation of the present decision without delay.

 

 

Decision 14/III

 

     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 the equal rights of men and women,

 

     Reaffirming the importance of the Convention on the Elimination of All Forms of Discrimination against Women as the only human rights instrument for the promotion and protection of women's human rights,

 

     Recalling that the articles of the Convention address the fundamental human rights of women in all aspects of their daily lives and in all areas of society and the State,

 

     Noting the key role that the Committee on the Elimination of Discrimination against Women has to play in making the general human rights work of the United Nations more gender conscious and in promoting the universal and indivisible human rights of women,

 

     Recognizing the function of the Committee in elaborating a jurisprudence of international standards for women's human rights,

 

     Recognizing also the Committee's responsibility to develop and foster a relationship with specialized agencies which share common areas of concern affecting women,

 

     Noting that the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights emphasized that the human rights of women and the girl child are an inalienable, integral and indivisible part of universal human rights and stressed that these rights should be integrated into the mainstream of United Nations system-wide activities,

 

     Convinced of the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of United Nations system-wide action,

 

     Recalling its previous decision to be represented at, and actively contribute to, the overall work of the Fourth World Conference on Women: Action for Equality, Development and Peace, to be held in Beijing from 4 to 15 September 1995,

 

     1.  Reaffirms its decision to participate in the Fourth World Conference on Women: Action for Equality, Development and Peace and requests the Secretariat to take all necessary measures to facilitate and ensure the participation of the Committee;

 

     2.  Requests the Secretariat to be the focal point for organizing a thematic meeting, to the extent possible, with members of other treaty bodies and specialized agencies attending the Fourth World Conference on Women, and to implement the technical and administrative arrangements set forth in this report;

 

     3.  Decides to transmit, as its contribution to the Fourth World Conference on Women, its report on the progress achieved in the implementation of the Convention on the Elimination of All Forms of Discrimination against Women and requests the secretariat of the Conference to ensure wide dissemination of the report;

 

     4.  Declares that the Committee on the Elimination of Discrimination against Women is an essential mechanism within the framework of the international machinery that should be entrusted with the task of monitoring and periodically reviewing the implementation of the Platform for Action concerning the human rights of women.

 

 

D. Other matters

 

Adequate meeting time to consider reports of States parties

 

Background

 

1.   At its thirteenth session, the Committee on the Elimination of Discrimination against Women concluded: 5/

 

"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."

 

Status of reports

 

2.   States parties undertake to submit an initial report within one year after the entry into force of the Convention for the State concerned, and at least every four years thereafter. As of 31 October 1994, 35 initial reports, 34 second periodic reports and 34 third periodic reports were overdue. The status of reports submitted to the Committee and pending consideration was as follows: 13 initial reports, 19 second periodic reports, 18 third periodic reports and 2 fourth periodic reports (CEDAW/C/1995/2).

 

3.   At its fourteenth session, the Committee had for its consideration the reports of 13 States parties composed of six initial reports, three second periodic reports, four third periodic reports, two fourth periodic reports and one report on an exceptional basis. For comparison, it is worth noting the number of reports scheduled for consideration by other human rights treaty bodies at each of their 1995 sessions as shown below.

 

     Committee on the Rights of the Child                          6-7

     Human Rights Committee                                         5

     Committee Against Torture                                      8

     Committee on Economic, Social and Cultural Rights             4-5

     Committee on the Elimination of Racial Discrimination         6-10

 

Meeting time

 

4.   For further comparison, it is worth noting the 1995 session schedules of the human rights treaty bodies. CEDAW convened its fourteenth annual session for an exceptional period of three weeks. The Committee on the Rights of the Child scheduled three 3-week sessions in 1995, with pre-session working groups. The Human Rights Committee scheduled two sessions, the first of which for a period of six weeks. The Committee Against Torture scheduled three sessions, each for a duration of two weeks. The Committee on Economic, Social and Cultural Rights scheduled two 3-week sessions, with one pre-session working group. Finally, the Committee on the Elimination of Racial Discrimination scheduled two 3-week sessions.

 

Conclusion

 

5.   In her opening statement to the fourteenth session of the Committee, Mrs. Gertrude Mongella, Secretary-General of the Fourth United Nations World Conference on Women, said the following:

 

"A central concern of the World Conference on Human Rights was that women's rights should be fully integrated into United Nations work on human rights. The question of integration is not an easy one. There is a consensus that there are two requirements for successful integration. The first is that the 'mainstream' bodies in any field recognize the importance of incorporating women's concerns into their work. The second requirement is that there be strong institutions concerned specifically with women. It is here that the Committee is crucial.

 

"In future, the work of the Committee will increase. As of today there are 139 States parties to the Convention. Based on indications I have received ... many more States will become party over the course of the year. Furthermore, the Platform for Action will undoubtedly place emphasis on universal ratification, without reservations, by the year 2000.

 

"If all the current States report on schedule, you will have to consider 35 reports each year. That would be three times the number you currently consider and, if universal ratification is achieved, it would be almost four times.

 

"The work of the Committee has been hampered by the limitation of the meeting time contained in the Convention itself."

 


II. ORGANIZATIONAL AND OTHER MATTERS

 

 

A. States parties to the Convention

 

6.   On 3 February 1995, the closing date of the fourteenth session of the Committee on the Elimination of Discrimination against Women, there were 139 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.

 

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

 

 

B. Opening of the session

 

8.   The Committee on the Elimination of Discrimination against Women held its fourteenth session at United Nations Headquarters from 16 January to 3 February 1995. The Committee held 25 plenary meetings (260th to 284th meetings) and its two working groups each held 5 closed meetings.

 

9.   The session was opened by the Chairperson of the Committee, Ivanka Corti (Italy), who had been elected at the twelfth session of the Committee in January 1993.

 

10.  In her opening statement, made on behalf of the Secretary-General of the United Nations, the Secretary-General of the Fourth World Conference on Women, Gertrude Mongella, welcomed the new and re-elected members of the Committee and extended her gratitude to the experts who had completed their service to the Committee. She also welcomed the appointment of the Special Rapporteur, Radhika Coomaraswamy, on violence against women pursuant to Commission on Human Rights resolution 1994/45 of 4 March 1994.

 

11.  She emphasized that the current session was taking place at the beginning of the year which would see the Fourth World Conference on Women and which marked the fiftieth anniversary of the United Nations. She stressed that the revised draft Platform for Action, to be considered by the Commission on the Status of Women at its thirty-ninth session, would set out action to be taken in the area of women's human rights, which would not only shape the Committee's work, but would also support new directions for the Committee and its work as a contribution to the Fourth World Conference and the implementation of the Platform for Action.

 

12.  She recalled that a central concern of the World Conference on Human Rights was that women's human rights should be fully integrated into the work of the United Nations on human rights. She said that this integration was dependent on two factors: the recognition by other human rights bodies of the importance of incorporating women's concerns into their work; and the strengthening of institutions concerned specifically with women as well as the deepening of relationships among them. In the context of the first factor, she informed the Committee that discussions had been held between the Division for the Advancement of Women and the Centre for Human Rights on developing a joint plan of activities, that the Commission on the Status of Women had requested the Division to report to it on a joint plan of activities with the Centre, that the new focal point on women of the Centre for Human Rights had visited the Division, and that staff members of the Division had participated in the work of other human rights institutions and mechanisms.

 

13.  The Secretary-General of the Fourth World Conference on Women indicated that the work of the Committee plays a decisive role in the human rights report. Currently there were now 139 States parties to the Convention and many other States were moving towards ratification. This, combined with the predicted emphasis in the Platform for Action on universal ratification, would significantly increase the work of the Committee. She reminded the Committee that the limitation on its meeting time imposed by the Convention currently impeded its work, but that a special meeting of States parties to the Convention would take place on 22 May 1995 to consider revision of that aspect of the Convention and that its recommendations would be considered by the General Assembly at its fiftieth session. To allow the Committee to carry out its mandated effectively, there is a need to strengthen the servicing of the Committee.

 

14.  She informed the Committee that a State party had withdrawn reservations to the Convention and that the World Conference on Women would undoubtedly recommend to others to follow suit. At its forty-sixth session, the Subcommission on Prevention of Discrimination and Protection of Minorities had again requested the Secretary-General to obtain the Committee's views as to whether it would be desirable to have an advisory opinion on the question of reservations.

 

15.  She recalled that the Committee has recommended the creation, by means of an optional protocol, of a procedure for communications to the Committee and she noted that a draft protocol, based on a draft prepared by an expert group meeting convened by some non-governmental organizations with financial assistance provided by some Governments had been circulated by one of the Committee members for consideration during the current session. Any views of the Committee after such consideration would be conveyed to the Commission on the Status of Women.

 

16.  The Secretary-General of the World Conference noted that the Committee intended to revise its rules of procedure and guidelines for the preparation of national reports. She also drew attention to General Assembly resolution 49/221 B of 23 December 1994 related to summary records and invited the Committee to review its need for such records.

 

17.  She drew the attention of the Committee to General Assembly resolution 49/162 of 23 December 1994 on the integration of older women in development and to resolution 1994/5 of the Subcommission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights requesting it to include in the guidelines on reporting of the Committee an item concerning contemporary forms of slavery.

 

 

C. Membership and attendance

 

18.  In accordance with article 17 of the Convention, the seventh meeting of States parties to the Convention was convened by the Secretary-General at United Nations Headquarters on 7 February 1994. The States parties elected 12 members of the Committee from among the candidates nominated to replace those whose term of office was due to expire on 16 April 1994.

 

19.  All members of the Committee attended the fourteenth session except Ms. Gurdulich de Correa; however, Ms. Muñoz-Gómez attended from 17 January to 3 February 1995, Ms. Garcia-Prince from 16 to 20 January and from 30 January to 3 February, Ms. Sunaryati Hartono from 16 to 20 January and from 1 to 3 February, and Ms. Mervat Tallawy from 16 to 27 January 1995.

 

20.  A list of members of the Committee, together with an indication of the duration of their terms of office, appears in annex II to the present report.

 

 

D. Solemn declaration

 

21.  At the opening of the fourteenth session, before assuming their functions, the newly elected members, Tendai Ruth Bare (Zimbabwe), Desiree Patricia Bernard (Guyana), Aurora Javate de Dios (Philippines), Miriam Yolanda Estrada Castillo (Ecuador), Sunaryati Hartono (Indonesia), Ginko Sato (Japan) and Carmel Shalev (Israel), and the five re-elected members, Charlot