Report of the Committee on the Elimination of Discrimination against Women
Twenty-fourth session
(15 Janury-2 February 2001)
Twenty-fifth session
(2-20 July 2001)
General Assembly
Official Records
Fifty-sixth Session
Supplement No. 38 (A/56/38)
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General Assembly |
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Report of the Committee on the Elimination of Discrimination against Women
Twenty-fourth session
(15 Janury-2 February 2001)
Twenty-fifth session
(2-20 July 2001)
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A/56/38 |
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ISSN 0255-0970 |
Note
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
The designations employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Contents
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Chapter |
Paragraphs |
Page | |
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Part one |
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Letter of transmittal............................................................. |
2 | ||
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Matters brought to the
attention of States
parties...................................... |
3 | ||
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Decisions.................................................................... |
3 | ||
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Organizational and other
matters |
1-23 |
3 | |
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States parties to the Convention on the Elimination
of All Forms of Discrimination against Women |
1-2 |
3 | |
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Opening of the
session............................................ |
3-11 |
3 | |
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Attendance..................................................... |
12-13 |
4 | |
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Solemn
declaration................................................ |
14 |
4 | |
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Election of
officers................................................ |
15 |
5 | |
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* Originally issued as document A/56/38 (Part I). |
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Statement by the new
Chairperson.................................... |
16-17 |
5 |
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Adoption of the agenda and organization of
work........................ |
18 |
5 |
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Report of the pre-sessional working
group |
19-22 |
6 |
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Organization of work |
23 |
6 |
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Report of the Chairperson
on the activities undertaken between the twenty-third and
twenty-fourth sessions of the Committee |
24-29 |
6 |
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Consideration of reports
submitted by States parties under article 18 of the
Convention |
30-358 |
7 |
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Introduction.................................................... |
30-31 |
7 |
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Consideration of reports of States
parties |
32-38 |
7 |
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Initial
reports................................................ |
32-194 |
7 |
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Burundi.................................................... |
32-67 |
7 |
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Kazakhstan................................................. |
68-113 |
10 |
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Maldives................................................... |
114-146 |
15 |
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Uzbekistan................................................. |
147-194 |
18 |
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Combined second, third and fourth periodic reports
of States parties |
22 | |
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Jamaica.................................................... |
195-233 |
22 |
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Combined third and fourth periodic reports of
States parties |
26 | |
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Mongolia.................................................. |
234-278 |
26 |
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Third and fourth periodic reports of States
parties |
29 | |
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Finland.................................................... |
279-311 |
29 |
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Third and combined fourth and fifth periodic
reports of States parties |
33 | |
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Egypt..................................................... |
312-358 |
33 |
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Ways and means of
expediting the work of the Committee |
359-369 |
37 |
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Implementation of article
21 of the Convention |
370-385 |
39 |
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Provisional agenda for the
twenty-fifth session |
386 |
41 |
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Adoption of the
report................................................. |
387 |
41 |
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Part two |
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Letter of transmittal............................................................. |
44 | |
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Matters brought to the
attention of States
parties...................................... |
45 | |
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A. Decisions................................................................ |
45 | |
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B. Suggestions.............................................................. |
45 | |
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Organizational and other
matters |
1-18 |
46 |
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A. States parties to the Convention on the Elimination of All Forms of Discrimination against Women |
1-2 |
46 |
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B. Opening of the session............................................ |
3-11 |
46 |
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C. Attendance..................................................... |
12 |
47 |
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D. Adoption of the agenda and organization of work......................... |
13 |
47 |
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E. Report of the pre-sessional working group |
14-17 |
47 |
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F. Organization of work |
18 |
48 |
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III. Report of the Chairperson on the activities undertaken between the twenty-fourth and twenty-fifth sessions of the Committee |
19-20 |
48 |
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IV. Consideration of reports submitted by States parties under article 18 of the Convention |
21-360 |
48 |
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A. Introduction.................................................... |
21-22 |
48 |
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B. Consideration of reports of States parties |
23-360 |
49 |
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1. Initial reports |
49 | |
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Andorra................................................... |
23-53 |
49 |
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2. Initial and second periodic reports |
51 | |
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Singapore.................................................. |
54-96 |
51 |
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3. Combined initial, second and third periodic reports |
55 | |
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Guinea..................................................... |
97-144 |
55 |
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4. Second periodic reports |
60 | |
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Guyana.................................................... |
145-184 |
60 |
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5. Second and third periodic reports |
63 | |
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Netherlands................................................. |
185-231 |
63 |
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6. Second and combined third and fourth periodic reports |
68 | |
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Viet Nam................................................... |
232-276 |
68 |
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7. Fourth and fifth periodic reports |
277-360 |
72 |
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Nicaragua |
277-318 |
72 |
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Sweden.................................................... |
319-360 |
76 |
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V. Activities under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women |
361-366 |
80 |
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VI. Ways and means of expediting the work of the Committee |
367-375 |
81 |
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VII. Implementation of article 21 of the Convention |
376-395 |
82 |
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VIII. Provisional agenda for the twenty-sixth session |
396 |
85 |
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IX. Adoption of the report................................................. |
397 |
85 |
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Annexes |
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I. Rules of the Committee on the Elimination of Discrimination against Women |
86 | |
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II. States parties to the Convention on the Elimination of All Forms of Discrimination against Women, as at 1 August 2001 |
116 | |
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III. States parties which have deposited with the Secretary-General instruments of acceptance of the amendment to article 20, paragraph 1, of the Convention |
123 | |
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IV. States parties which have signed, ratified or acceded to the Optional Protocol to the Convention... |
124 | |
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V. Documents before the Committee at its twenty-fourth and twenty-fifth sessions |
126 | |
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VI. Membership of the Committee on the Elimination of Discrimination against Women |
129 | |
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VII. Programme budget implications of draft decision 25/I: statement submitted by the Secretary-General in accordance with rule 23 of the rules of procedure of the Committee on the Elimination of Discrimination against Women |
130 | |
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VIII. Status of submission and consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women, as at 1 August 2001. |
133 | |
Part one
Report of the Committee on the Elimination of Discrimination
against Women on its twenty-fourth session
Letter of transmittal
19 April 2001
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 twenty-fourth session at United Nations Headquarters from 15 January to 2 February 2001. It adopted its report on the session at the 508th meeting, on 2 February 2001. The report of the Committee is herewith submitted to you for transmission to the General Assembly at its fifty-sixth session.
Accept, Sir, the assurances of my highest consideration.
(Signed) Charlotte Abaka
Chairperson
Committee on the Elimination of Discrimination against Women
His Excellency Mr. Kofi Annan
Secretary-General of the United Nations
New York
Chapter I
Matters brought to the attention of States parties
Decisions
Decision 24/I
Rules of procedure of the Committee on the Elimination of Discrimination against Women
The Committee decided to adopt its rules of procedure, contained in document CEDAW/C/ROP. The text of the rules is contained in annex I to the present report.
Decision 24/II
Gender and racial discrimination
The Committee decided to adopt a statement on gender and racial discrimination, to be forwarded to the Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance at its second session, to be held at Geneva from 21 May to 1 June 2001 (see para. 384 below). It also decided, subject to the availability of resources, to nominate the Chairperson and two other Committee members, as well as the two members resident in South Africa, to attend, on its behalf, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held at Durban, South Africa, from 31 August to 7 September 2001.
Decision 24/III
Links
with the Commission on the Status
of Women
The Committee decided to develop closer links with the Commission on the Status of Women. In that regard, it drew attention to the willingness of members of the Committee to serve as experts in expert group meetings convened to prepare for sessions of the Commission and as panellists during Commission sessions.
Chapter II
Organizational and other matters
A. States parties to the Convention
on
the Elimination of All Forms of Discrimination against Women
1. As at 2 February 2001, the closing date of the twenty-fourth session of the Committee on the Elimination of Discrimination against Women, there were 166 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 II to the present report. A list of States parties that have accepted the amendment to article 20, paragraph 1, of the Convention is contained in annex III. A list of States parties that have signed, ratified or acceded to the Optional Protocol to the Convention is contained in annex IV.
B. Opening of the session
3. The Committee held its twenty-fourth session at United Nations Headquarters, from 15 January to 2 February 2001. The Committee held 23 plenary meetings (486th to 508th) and its two working groups held 13 meetings. A list of the documents before the Committee is contained in section A of annex V to the present report.
4. The session was opened by the chairperson of the Committee, Aída González Martínez (Mexico), who had been elected at the twentieth session of the Committee, in January 1999.
5. In addressing the Committee at its 487th meeting, on 16 January 2001, the Assistant Secretary-General and Special Adviser to the Secretary-General on Gender Issues and Advancement of Women welcomed the new members of the Committee who had been elected at the eleventh meeting of the States parties to the Convention on 31 August 2000 and congratulated the four members who had been re-elected at that meeting. She also welcomed the member who had been nominated by her Government and accepted by the Committee to complete the term of a former member who had resigned. She expressed her gratitude to the experts whose terms had expired on 31 December 2000.
6. She said that 2000 had been a difficult but exciting year and that her Office and the Division for the Advancement of Women had been intensely involved in the preparations for the twenty-third special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century", as well as the session itself, during which Governments had reaffirmed their commitment to the goals and objectives of the Beijing Platform for Action adopted by the Fourth World Conference on Women1 and agreed on further actions to ensure its full implementation.
7. She informed the Committee that, on 22 December 2000, the Optional Protocol2 to the Convention had entered into force, and that there were 15 States parties to the Optional Protocol and 65 States signatories. There would be many more ratifications to the Optional Protocol as its procedures became more widely known.
8. The Special Adviser stated that, as the Optional Protocol entered into force, the Committee would be faced with a large number of petitions from individuals and groups alleging violations of the Convention. She noted that the Committee was prepared for its new responsibilities under the Protocol, particularly as a result of the expert meeting that had taken place in Berlin in November 2000.
9. She informed the Committee that the Secretariat had been putting measures in place in order to ensure full support for the Committee in its mandate. In its resolution 55/70 of 4 December 2000, the General Assembly had requested the Secretary-General to provide the resources, including staff and facilities, necessary for the effective functioning of the Committee.
10. The Special Adviser said that, on 7 September 2000, Saudi Arabia had become the one hundred and sixty-sixth State to ratify the Convention. Noting that 26 States had yet to ratify or accede to the Convention, she emphasized that efforts to encourage ratification of the Convention and the Optional Protocol, reporting and acceptance of the amendment to article 20, paragraph 1, of the Convention on the Committee's meeting time, had included bilateral meetings between her, as well as the Director of the Division for the Advancement of Women, and representatives of States. Future activities would include a seminar to be held at Auckland, New Zealand, from 13 to 15 February 2001 for States from the Pacific region.
11. She indicated that the Committee's work during the current session would include the adoption of rules of procedure for the Optional Protocol, agreed upon at Berlin, and the revised draft rules of procedure relating to the balance of the Committee's work. She reminded the Committee of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which would be held at Durban, South Africa, from 31 August to 7 September 2001. She recalled that the Committee had drawn attention to the links between discrimination on the basis of sex and race and the particular disadvantages that women affected by racial discrimination could face. Several human rights treaty bodies had made contributions to the first session of the Preparatory Committee for the Conference in 2000. She welcomed the fact that the Committee had decided to prepare a contribution to the second session of the Preparatory Committee for the Conference, which would meet from 21 May to 1 June 2001.
C. Attendance
12. All members of the Committee attended the twenty-fourth session. Mavivi Myakayaka-Manzini attended from 17 January to 2 February; Emma Aouij from 15 to 23 January; Naela Gabr from 15 to 26 January; Rosario Manalo from 15 to 19 January; and Asha Rose Mtengeti-Migiro from 15 to 19 January.
13. A list of the members of the Committee, indicating the duration of their terms of office appear in annex VI to the present report.
D. Solemn declaration
14. At the opening (486th) meeting of the twenty-fourth session of the Committee and prior to assuming their functions, the members elected at the 11th meeting of States parties to the Convention on 31 August 2000, made the solemn declaration provided for under rule 18 of the Committee's rules of procedure. They were Ayse Feride Acar (Turkey), Sjamsiah Achmad (Indonesia), Yolanda Ferrer Gómez (Cuba), Françoise Gaspard (France), Aída González Martínez (Mexico), Fatima Kwaku (Nigeria), Göran Melander (Sweden), Asha Rose Mtengeti-Migiro (United Republic of Tanzania), Hanna Beate Schöpp-Schilling (Germany), Heisoo Shin (Republic of Korea) and Maria Regina Tavares da Silva (Portugal). Frances Livingstone Raday (Israel), who had been nominated by her Government and accepted by the Committee to complete the remaining period of the term of Carmel Shalev, also made the solemn declaration.
E. Election of officers
15. At its 486th meeting, on 15 January 2001, the Committee, in accordance with article 19 of the Convention, elected by acclamation the following officers to serve for a term of two years, from l January 2001 to 31 December 2002: Charlotte Abaka (Ghana), Chairperson; Ayse Feride Acar (Turkey), Rosario Manalo (Philippines) and Zelmira Regazzoli (Argentina), Vice-Chairpersons; and Rosalyn Hazelle (Saint Kitts and Nevis), Rapporteur.
F. Statement by the new Chairperson
16. The newly elected Chairperson stated that it was a great honour to take up the chairpersonship at the beginning of the twenty-first century. Women and men, governmental and non-governmental organizations, academics and individual women's groups had struggled for over 20 years to get such a unique Convention on women's rights into force, and States parties had used it to ensure that the principle of gender equality was integrated into their national systems, including constitutions. It was important to make a renewed commitment to the Convention. The coming into force of the Optional Protocol had made everyone very proud, and she complimented the entire Committee for its work on the Optional Protocol, making particular reference to Silvia Cartwright (New Zealand), an immediate past member of the Committee. She also commended the entire United Nations system and civil society, including non-governmental organizations, for that achievement.
17. The
Chairperson indicated that she would prioritize several issues
during her term, including the Committee's working methods. She
expressed deep concern about a number of substantive issues that
had become apparent during her time as a Committee member. They
included: the high rate of maternal mortality in most of the States
parties of the developing world, as well as countries in transition
that were experiencing privatization of the health sector; the
"invasion" of the human immunodeficiency virus/
acquired immunodeficiency syndrome (HIV/AIDS) pandemic in many
developing countries, in particular, sub-Saharan Africa; the
continued under-representation of women in decision-making,
including in national parliaments; the status of elderly women; and
the problem of growing poverty associated with structural
adjustment programmes that had been introduced in many developing
countries.
G. Adoption of the agenda and organization of work
18. The Committee considered the provisional agenda and organization of work (CEDAW/C/2001/I/1) at its 486th meeting. The agenda, as adopted, was as follows:
1. Opening of the session.
2. Solemn declaration by the new members of the Committee.
3. Election of officers.
4. Adoption of the agenda and organization of work.
5. Report of the Chairperson on activities undertaken between the twenty-third and twenty-fourth sessions of the Committee.
6. Consideration of the reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women.
7. Implementation of article 21 of the Convention on the Elimination of All Forms of Discrimination against Women.
8. Ways and means of expediting the work of the Committee.
9. Provisional agenda for the twenty-fifth session.
10. Adoption of the report of the Committee on its twenty-fourth session.
H. Report of the pre-sessional
working group
19. At its ninth session, the Committee had decided to convene a pre-sessional working group for five days before each session to prepare lists of issues and questions relating to the periodic reports that would be considered by the Committee at the following session. The pre-sessional working group for the twenty-fourth session of the Committee met from 3 to 7 July 2000.
20. The following members representing different regional groups participated in the working group: Mavivi Myakayaka-Manzini (Africa), Rosario Manalo (Asia), Ayse Feride Acar (Europe) and Yolanda Ferrer Gómez (Latin America and the Caribbean).
21. The working group prepared lists of issues and questions relating to the reports of four States parties, namely: Egypt, Finland, Jamaica and Mongolia.
22. At its 487th
meeting, the Chairperson of
the pre-session working group, Rosario Manalo, introduced the
report of the working group (CEDAW/PSWG/2001/I/CRP.1 and
Add.1-4).
I. Organization of work
23. At its 486th
meeting, the Committee decided
to take up issues under agenda item 7, on implementation of article
21 of the Convention, and agenda item 8, on ways and means of
expediting the work of the Committee, as a working group of the
whole. The issues that it decided to consider were the revised
draft rules of the Committee (CEDAW/C/2001/I/WG.1/WP.1); working
methods, including the content of concluding comments and the
function of the country rapporteur; and the Committee's
contribution to the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance.
Chapter III
Report of the Chairperson on the activities undertaken between the
twenty-third and twenty-fourth sessions of the Committee
24. At the 486th meeting, the Chairperson of the Committee, Aída González Martínez, drew attention to the entry into force of the Optional Protocol to the Convention on 22 December 2000, which would entail new responsibilities for the Committee. In June 2000, the Committee had started work on the procedures to govern the Optional Protocol. She said that Silvia Cartwright had collaborated with the Division for the Advancement of Women on the preparation of rules of procedure for the Optional Protocol and, with the financial support of the Government of Germany, the Committee had been able to finalize those rules during an expert meeting held at Berlin, from 27 to 30 November 2000.
25. She had attended several events of importance, including a seminar in Chile, organized by the non-governmental organization La Morada, the Association of Female Magistrates and the Association of Female Judges of Chile, on the implementation of the Convention. She had attended a working meeting with the members of the Chilean Congress on the implementation of the Convention and the possibility of Chile ratifying the Optional Protocol.
26. In October 2000, she had participated in the general debate of the Third Committee of the General Assembly. Many delegations had expressed support for the Convention and satisfaction at the imminent entry into force of the Optional Protocol. In her statement, she had said that the Committee had initiated work on the rules of procedure for the Optional Protocol and she had asked for support and additional resources so that the Committee could effectively fulfil its new responsibilities.
27. In November 2000, the Chairperson had attended the inauguration of a course on the rights of women in Costa Rica, organized by the Inter-American Institute for Human Rights. She said that Yolanda Ferrer Gómez had attended the Regional Latin-American Conference, which had taken place in Chile in December 2000. Zelmira Regazzoli had attended a seminar on international norms for the protection of women's human rights in Chile in December 2000, which had been organized by the Andean Federation of Jurists.
28. The Chairperson said that she had been invited to participate in other events that she had been unable to attend, including an international conference on statistics, development and human rights at Montreux, Switzerland, in September 2000. The outcome of that conference would be of particular interest to the Committee.
29. In conclusion, the Chairperson said that the twenty-fourth session of the Committee would include the formal adoption of the rules of procedure relating to the Optional Protocol and the balance of the Committee's work. It would also see the beginning of preparations for a general recommendation on article 4 of the Convention, concerning temporary special measures aimed at accelerating de facto equality between men and women.
Chapter IV
Consideration of reports submitted by States parties under article
18 of the Convention
A. Introduction
30. At its twenty-fourth session, the Committee considered the reports of eight States parties submitted under article 18 of the Convention: the initial reports of four States parties; the combined second, third and fourth periodic reports of one State party; the combined third and fourth periodic reports of one State party; the third and fourth periodic reports of one State party; and the third and combined fourth and fifth periodic reports of one State party.
31. The Committee prepared concluding comments on each of the States parties considered. The Committee's concluding comments, as prepared by members of the Committee, and a summary of the introductory presentations by the representatives of the States parties are provided below.
B. Consideration of reports of States parties
1. Initial reports
Burundi
32. The Committee considered the initial report of Burundi (CEDAW/C/BDI/1) at its 488th, 489th and 496th meetings, on 17 and 23 January 2001 (see CEDAW/C/SR.488, 489 and 496).
(a) Introduction by the State party
33. In introducing the report, the representative of Burundi informed the Committee that the socio-political crisis of 1993 and the economic embargo imposed by Burundi's neighbouring countries in 1996 had severely impeded national development and had in particular affected the situation of women. A fifth of the population lived below the poverty level, including many women heads of household who took care of a large number of orphans.
34. The representative reiterated the Government's firm commitment to the Convention, which was exemplified by the preparation of the initial report, despite the continuing socio-political crisis in the country. The Government of Burundi had adopted certain measures to ensure the advancement of women by guaranteeing their fundamental freedoms and individual rights based on equality. The Government also encouraged the establishment of women's associations and development projects for women. The Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly had been entrusted with the implementation of the Convention.
35. Since the ratification of the Convention in 1991, the Government had adopted two decree laws to change the legal situation of women. The decree law adopted in 1993 reformed the Code of the Person and the Family and contained a number of measures eliminating discrimination against women, including the abolition of polygamy and unilateral repudiation of marriage, and introducing legal divorce and regulation of age at marriage. Another decree law in 1993 revised the Labour Code and was aimed at achieving social and economic justice. Chapter V of the Code addressed women and labour, including women's rights during pregnancy and maternity.
36. The representative stated that the Transitional Constitution endorsed respect for the rights and obligations proclaimed and guaranteed by the Universal Declaration of Human Rights and other relevant regional and national legal instruments. Notably, the Transitional Constitution declared that all persons were equal before the law, without distinction as to sex, origin, ethnic group, religion or opinion.
37. In the field of education, the representative deplored the high drop-out rate of girls in the transition from primary to secondary education, which had been accessible to only 10 per cent of children. The practice of giving preferential treatment to girls with lower grades than boys in admission to the secondary level, introduced in the 1970s, had been stopped owing to a concern that it would foster an inferiority complex among female students. The Government was aware that other corrective measures needed to be taken in regions with low levels of schooling, such as public awareness campaigns, incentives and coercion towards parents. She stated that, until recently, a girl would be expelled from school if she were pregnant. Such girls were now able to resume their education in another institution after the birth of their children.
38. The representative informed the Committee that there was a paucity of health care, particularly in the rural areas. More than 66 per cent of medical personnel remained concentrated in urban areas, where only 4 per cent of the population lived. Rural women, already burdened with an excessive domestic workload, had to travel long distances to receive basic social services. For that reason, 80 per cent of women gave birth at home, often under precarious sanitary conditions, and the maternal mortality rate was 826 per 100,000 live births. The Government had tried to redeploy medical personnel to the rural areas and to set up a public medical system. However, the task was immense and much more needed to be done, particularly since 30 per cent of the health-care infrastructure had been destroyed or impaired during the crisis. Assisted by the United Nations Population Fund, the Government had launched programmes on reproductive health for rural women.
39. Because the majority of women lived in rural areas, their livelihood was based on agricultural products. The Government had made great efforts to address their situation since, economically, rural women depended totally on male family members and had no inheritance rights and no economic control over the goods they produced. The Government promoted anti-poverty programmes through income-generating activities carried out by women's associations. Since 1996, the Ministry of Social Action and the Advancement of Women had established family development centres all over the country to assist women in managing their own income.
40. The representative observed that, through the creation of the Union of Burundi Women, women had become aware of the important role they could play in all spheres of society. However, traditional attitudes still prevailed and very few women occupied decision-making positions in the National Assembly, judiciary, public administration, or public or private institutions.
41. The representative informed the Committee that the current crisis, extreme poverty and crowded living conditions in camps had given rise to prostitution. The Government had adopted legal measures to punish trafficking of women, exploitation of prostitution, violation of public decency and rape.
42. Women had played a key role in the peace process. From the outset, women had organized and gained observer status at the peace negotiations. The Arusha Accords formed the basis for building lasting peace and granted equal status to women and men, in accordance with the Convention. The Accords recognized the role of women in reconstruction and rehabilitation, and suggested the inclusion of women in all management structures related to reconstruction, the mobilization of women as peace mediators for national reconciliation, the adoption of laws on inheritance rights of women and the rebuilding of houses for homeless women. Reintegration or post-trauma counselling for women victims of violence or those forced into marriage was also considered necessary.
(b) Concluding comments of the Committee
Introduction
43. The Committee commends the Government of Burundi for ratifying the Convention without reservations in 1991 and for preparing and presenting its initial report in a time of socio-political crisis, civil unrest and economic hardship. It welcomes the Government's efforts to comply with the Committee's reporting guidelines.
44. The Committee commends the Government for sending a high-level delegation headed by the Minister on the Status of Women. It appreciates the frankness with which the report was prepared and its sincere presentation by the State party, which allowed the Committee to engage in a constructive dialogue.
Positive aspects
45. The Committee welcomes the State party's efforts to implement the Convention despite the difficult socio-political and economic situation. In particular, the Committee welcomes the creation of a national plan of action in follow-up to the Fourth World Conference on Women, which is testimony to the importance given to the advancement of women.
46. The Committee welcomes the establishment of the Ministry of Social Action and the Advancement of Women and the Ministry of Human Rights, Institutional Reforms and Relations with the National Assembly, which are jointly responsible for the implementation of the Convention.
47. The Committee commends the Government for the legal reforms introduced since the ratification of the Convention in 1991, in particular the reform of the Code of the Person and the Family and the Labour Code.
Factors and difficulties affecting the implementation of the Convention
48. The Committee recognizes that the civil war and the economic crisis in Burundi pose serious challenges to the full implementation of the Convention. It also notes that deep-seated prejudice and stereotypical perceptions of the role of women and some customary and traditional practices pose significant obstacles to implementation.
Principal areas of concern and recommendations
49. The Committee considers the absence of peace to be the most serious obstacle to the full implementation of the Convention. It also expresses its concern about the number of women who have been affected by violence during conflict.
50. The Committee recommends that, in the implementation of the Arusha Accords and in accordance with those Accords, emphasis be placed on the role of women in reconstruction and that the acceleration of women's equality be integrated in all its aspects. It urges that special efforts be made to include women in national reconciliation and peace-building initiatives. It recommends that the Government encourage women from all ethnic groups and women who are victims of violence and armed conflict to become advocates for peace.
51. The Committee recommends that, when introducing quotas for ethnic groups, the Government also consider introducing measures, as permitted under article 4, paragraph 1, of the Convention and outlined in the Committee's general recommendation 23 on women in public life, to increase the participation of women in decision-making at all levels. It emphasizes the importance of strict adherence to principles of gender equality in all reconstruction efforts.
52. The Committee expresses its concern about the situation of displaced women and girls and their living conditions, including those in refugee camps.
53. The Committee recommends that the Government give greater assistance to refugee and displaced women and girls and carry out rehabilitative efforts directed at such women and girls. It stresses the importance of mainstreaming a gender perspective in all policies and programmes of national and international assistance for displaced people.
54. The Committee also recommends the provision of post-trauma counselling, as stipulated in the Arusha Accords, for women who are victims of gender-based violence. It calls upon the Government to ensure that relevant personnel are trained to give such assistance.
55. The Committee notes with concern the existence of legislative provisions that discriminate against women. It also expresses its concern at the existing gap between de jure and de facto equality.
56. The Committee recommends that the State party take steps to bring discriminatory legislative provisions from, inter alia, the Code of the Person and the Family and the Penal Code into line with the Convention. It recommends review of provisions that predicate differential ages of marriage for women (article 88 of the Code of the Person and the Family), indicate that the man is head of the household (article 122 of the Code of the Person and the Family) and establish discriminatory provisions with regard to adultery (article 3 of the Penal Code). In addition, the Committee encourages the Government to ensure the implementation of laws and policies that provide for de jure equality and seek to eliminate discrimination against women. It recommends that the Government ensure that those charged with responsibility for the implementation of laws and policies be made fully aware of their contents and that public education and legal literacy campaigns be put in place to ensure wide knowledge of law and policy reform.
57. The Committee expresses its concern about the high prevalence of illiteracy among women and the low level of schooling of girls, especially in rural areas. It notes that education is a key to the empowerment of women, and low levels of education of women remain one of the most serious impediments to national development.
58. The Committee urges the Government to continue its efforts to improve the access of girls to all levels of education and to prevent their dropping out of school. It encourages the Government to introduce corrective measures that address all stakeholders involved, including incentives for parents, and to consider requesting international assistance to improve women's and girls' education.
59. The Committee is alarmed by the increasing rate of HIV/AIDS, which has eroded earlier gains in the country. It expresses its concern about the absence of facilities for the care of those infected and affected.
60. The Committee urges the Government to take a multifaceted and holistic approach to combating the HIV/AIDS pandemic, one which not only incorporates broad-based educational strategies but also includes practical prevention efforts, such as increased access to both male and female condoms. It encourages the Government to consider requesting international assistance for this purpose. The Committee underlines the fact that the collection of reliable data on the incidence of HIV/AIDS is critical to gaining an understanding of the pandemic and to informing policies and programmes.
61. The Committee expresses its concern about the high rate of maternal mortality, especially in rural areas, including deaths as a result of illegal abortions.
62. The Committee recommends that the State party make every effort to increase access to health-care facilities and medical assistance by trained personnel in all areas, including rural areas, so as to increase, in particular, the number of births assisted by qualified personnel. It recommends the introduction of effective measures, such as sex education and information campaigns and the provision of effective contraception, to reduce the number of clandestine abortions. The Committee emphasizes that abortion should not be used as a method of family planning.
63. The Committee expresses its concern about the persistence of stereotypes that confine women and girls to traditional roles.
64. The Committee invites the Government to take concrete steps, including sector-specific and general awareness campaigns, to eliminate deep-rooted prejudice and stereotypes in order to achieve de facto equality.
65. The Committee
encourages the Government to consider ratification of the Optional
Protocol to the Convention and acceptance of the amendment to
article 20, paragraph 1, of the Convention, concerning the meeting
time of the Committee.
66. The Committee urges the Government to respond in its next periodic report to the specific issues raised in the present concluding comments. It also urges the Government to improve the collection and analysis of statistical data, disaggegrated by gender and age, and to submit such data to the Committee in its next report.
67. The Committee
requests that the text of the present concluding comments be widely
disseminated in Burundi so as to inform the public, in particular
administrators, officials and politicians, of the measures taken to
guarantee equality de jure and
de facto between men and women and of the further measures to be
adopted in that area. The Committee urges the Government to
continue to give broad publicity to the Convention and its Optional
Protocol, the general recommendations of the Committee, the Beijing
Declaration and Platform for Action and the results of the
twenty-third special session of the General Assembly, entitled
"Women 2000: gender equality, development and peace for the
twenty-first century", particularly among women's associations and
human rights organizations.
Kazakhstan
68. The Committee considered the initial report of Kazakhstan (CEDAW/C/KAZ/1) at its 490th, 491st and 497th meetings, on 18 and 23 January 2001 (see CEDAW/C/SR.490, 491 and 497).
(a) Introduction by the State party
69. In introducing the report, the representative of Kazakhstan highlighted recent political, social and legal developments in Kazakhstan, noting that 2000 had been marked by an increase of productivity in the main sectors of economy that would allow increasing expenditure on social needs of the population, especially women and children. She indicated that Kazakhstan had acceded to 30 international human rights treaties, and that the ratification of the Convention in 1998 without reservations was an expression of the country's commitment to the advancement of women and achieving goals of gender equality. She drew attention to the fact that the Optional Protocol had been signed by President N. A. Nazarbayev in September 2000 and was currently going through the ratification process in Parliament.
70. The representative said that the Constitution did not contain a reference to "discrimination against women". However, international treaties ratified by Kazakhstan, including the Convention, took precedence over national laws. The principle of equality between men and women was the foundation of the legislation of Kazakhstan as well as the draft law on equal rights and equal opportunities.
71. By an order of the President, the National Commission for Family and Women had been established in 1998 to ensure the necessary conditions for the participation of women in the political, social, economic and cultural life of the country. The Commission had developed, in accordance with the recommendations of the Beijing Platform for Action, a national plan of action for the improvement of the status of women in Kazakhstan. Cooperation between governmental bodies and non-governmental organizations in the development of policies and programmes for women was increasing, and Kazakhstan had benefited from cooperation with and technical assistance from international organizations, especially the United Nations Population Fund, the United Nations Development Fund for Women and the Organization for Security and Cooperation in Europe.
72. The representative informed the Committee that a special parliamentary group on the family and a special subcommittee of the lower chamber of the Parliament on the issues of women, family, youth, tourism and sport had been created since the submission of the initial report. A section entitled "Women in development" had been included in the indicative plan for social and economic development of the country for 2000-2005. From 2000, national legislation had been subject to gender analysis and amendments on violence against women had been introduced into the Criminal Code. The Government had also started to collect statistical data disaggregated by sex and had published a statistical handbook entitled "Women and men in Kazakhstan".
73. The changes currently taking place in the economy had negatively affected the situation of women in the labour market. Women represented two thirds of the unemployed, and the Government had recently adopted a new programme on combating poverty and unemployment for 2000-2002. The Government planned to decrease the level of unemployment by 4.5 per cent to approximately 9 per cent by 2002, and it was envisaged that over 400,000 new jobs would be created as a result of that programme. The Government was also promoting industries in which women were traditionally highly represented. The National Commission for Family and Women had initiated a special credit line to support women entrepreneurs working in the production sector. A State programme of microcredit targeting the rural population, including women, had been successfully implemented during the period 1998-2000, and would be strengthened over the period 2000-2003.
74. The representative emphasized the educational achievements of women, noting in particular that women constituted 62 per cent of specialists with higher and secondary levels of education. In the course of the 1999 election campaign, non-governmental organizations had united and registered the first women's party in Kazakhstan - the Political Alliance of Women's Organizations. The participation of women in public and political life remained a concern, with women constituting only 11 per cent of the total number of members of Parliament. Kazakhstan intended to implement the recommendations of the Beijing Platform for Action regarding quotas of 30 per cent for women at the decision-making level.
75. Efforts to change traditional stereotypes and attitudes regarding the role of women in society included the drafting of a law on advertising, which would prohibit the sexual exploitation of women, and, from 2001, the introduction of gender studies in higher and secondary education. The representative informed the Committee that the Government was paying serious attention to the issue of violence against women, especially domestic violence, and that the conclusions and recommendations of the comprehensive study conducted by the Government on the issues of violence against women would constitute the framework for a draft law on domestic violence. A network of crisis centres had been established in various cities of the country. The Government had also reinforced legislation and measures against trafficking in women and girls.
76. The representative said that Kazakhstan had implemented the "Health of the nation" programme in order to combat tuberculosis and other diseases and to improve reproductive health care and family planning. Maternal and child mortality had declined. The Government was addressing the negative impact of environmental degradation on the population, especially on women and children.
77. In closing, the representative informed the Committee that her Government fully understood that much more needed to be done in order to achieve equality between women and men. She emphasized the Government's full commitment to continuing its work in that regard and to overcoming obstacles that the women of Kazakhstan still encountered.
(b) Concluding comments of the Committee
Introduction
78. The Committee expresses its appreciation to the Government of Kazakhstan for the timely submission of its initial report. It commends the Government on its comprehensive oral presentation, which updated the developments in the country since the submission of the report in December 1999 and further clarified the current status of implementation of the Convention. The Committee welcomes the high-quality statistical data disaggregated by sex contained in the report.
79. The Committee commends the Government of Kazakhstan for sending a high-level delegation headed by the Minister and Chairperson of the National Commission for Family and Women, who provided valuable information and established a constructive dialogue with the members of the Committee. The Committee welcomes the fact that the Government of Kazakhstan has a national plan of action for the advancement of women.
80. The Committee welcomes the fact that Kazakhstan has ratified the Convention without reservations and has signed the Optional Protocol, and intends to ratify it as soon as possible.
Positive aspects
81. The Committee commends the Government for its political will to implement the Convention. It notes with appreciation the incremental establishment of comprehensive national mechanisms for the advancement of women and the efforts of the Government to conduct gender assessment of its legislation. The Committee welcomes the efforts to elaborate a law on equal opportunities and to establish the office of ombudsman.
82. The Committee also commends the Government for the high levels of education among women. The Committee notes with appreciation the measures taken by the Government to provide credit to women entrepreneurs.
83. The Committee welcomes the increasing cooperation between governmental bodies and non-governmental organizations working on women's issues.
84. The Committee also welcomes the decision of the Government to disseminate the report and the concluding comments widely in the country.
Factors and difficulties affecting the implementation of the Convention
85. The Committee considers that the country's ongoing transformation has had a negative impact on women.
86. The persistence of traditional stereotypes of women and men in society also constitutes a major impediment to the full implementation of the Convention.
Principal areas of concern and recommendations
87. The Committee is concerned that although the Constitution provides for the equality of all citizens, it does not contain a definition of discrimination against women in accordance with article 1 of the Convention, which prohibits both direct and indirect discrimination. The Committee is also concerned about the status of the Convention and whether its provisions can be directly invoked before the courts.
88. The Committee urges the Government to adopt as soon as possible the draft law on equal opportunities, which includes a definition of discrimination against women modelled on article 1 of the Convention. It requests that information be provided in the next report on the law's adoption and implementation and that additional information be provided in the next report on remedies available to women for violation of their rights protected by the Convention.
89. The Committee expresses its concern that there is a lack of clear understanding of the temporary special measures provided for in article 4, paragraph 1, of the Convention. It also expresses its concern that stereotypical attitudes regarding the role of women and men in society are reflected in the low representation of women in decision-making bodies, and the fact that women hold only 11 per cent of the seats in Parliament. It notes that traditional attitudes towards women are also reflected in the lack of sharing of family responsibilities by men and there is no legislative provision for parental leave. It expresses further concern about the lack of targeted educational programmes and mass media campaigns to eliminate those stereotypes.
90. The Committee recommends that the Government take urgent measures to overcome traditional stereotypes of women and men in society. It recommends that the Government take steps to create an understanding of the temporary special measures provided for in article 4, paragraph 1, of the Convention, and implement such measures to increase the number of women in decision-making at all levels and in all areas. It recommends that the Government strengthen efforts to promote women to positions of power by organizing special training programmes for women and conducting awareness-raising campaigns on the importance of women's participation in decision-making at all levels.
91. The Committee expresses its concern that the Government lacks an integrated policy and institutional approach to achieving women's equality with men, including the aspect of gender mainstreaming.
92. The Committee recommends that the Government integrate a holistic approach to women's equality with men in all fields of its activities. The Committee notes that a shift from a focus on women solely as wives and mothers, to individuals and actors equal to men in society is required for the full implementation of the Convention. The Committee also recommends a review of and subsequent shift from a welfare approach directed at women to a human rights approach in which women are perceived as being entitled to their rights.
93. The Committee expresses its concern about the adequacy of the financial and human resources of the national machinery for the advancement of women.
94. The Committee recommends that the Government assess the resources of the national machinery and provide it with the necessary human and financial resources to allow it to provide leadership in the implementation of policy to ensure the advancement of women. It also recommends the strengthening of existing national governmental mechanisms for women by establishing gender focal points in all governmental bodies. It further recommends the creation of an ombudsman's office to address issues of women's advancement and gender equality.
95. The Committee expresses its concern at the prevalence of violence against women and girls, including domestic violence.
96. The Committee urges the Government to make the issue of violence against women a high priority and to recognize that such violence, including domestic violence, constitutes a violation of human rights of women under the Convention. In the light of its general recommendation 19, the Committee requests the Government to enact legislation on domestic violence as soon as possible, and to ensure that violence against women and girls constitutes a criminal offence and that women and girl victims of violence have immediate means of redress and protection. It recommends gender training for all public officials, in particular law-enforcement officials and the judiciary, as well as health workers, to educate them about all forms of violence against women and girls. The Committee also recommends that the Government organize awareness-raising campaigns through the media and public education programmes to address all forms of violence against women and girls, including domestic violence.
97. The Committee expresses its concern that the Government has not made sufficient effort to address the issue of trafficking in women and girls.
98. The Committee requests the Government to provide, in its next report, comprehensive information on trafficking of women and girls, and on female migration. It recommends the formulation of a comprehensive strategy to combat trafficking of women, which should include the prosecution and punishment of offenders and increased international, regional and bilateral cooperation. It also recommends the introduction of measures aimed at improving the economic situation of women so as to reduce their vulnerability to traffickers, and rehabilitation and reintegration measures for women and girls who have been victims of trafficking.
99. While noting with appreciation the high level of education among women in a wide range of disciplines, the Committee expresses its concern about the low representation of women in senior decision-making positions, as well as in highly paid jobs.
100. The Committee encourages the Government to analyse the correlation between the high level of educational attainments of women and their income levels. It recommends the introduction of measures to accelerate the representation of women at all levels of decision-making. It urges the Government to implement the planned curriculum reform and revision of textbooks in order to combat the traditional attitudes towards women and to help to create an enabling environment for promoting women's presence in high-level and well-paid positions.
101. The Committee expresses its concern with the situation of women in the labour market, in particular the high level of women's unemployment and discrimination in recruitment and dismissal. The Committee also expresses its concern that the present structuring of the social benefits system and the protective labour legislation might create additional obstacles to the employment of women in the labour market, especially in the process of transition to a market economy.
102. The Committee urges the Government to enforce appropriate legislation and to ensure equal opportunities for women and men in the public and private sectors of the labour market. It recommends that the Government review the structuring of the social benefits system and of protective legislation with a view to reducing the barriers against the participation of women in the labour market. It also recommends that the Government design and implement special training and retraining programmes for different groups of unemployed women according to their percentage of the unemployed population and their skills and education. It further recommends wage increases in female-dominated sectors in order to decrease the wage differentials between those and male-dominated sectors.
103. The Committee expresses its concern about the high increase in poverty among women compared with men, in particular among households headed by females and older rural women.
104. The Committee recommends the specific targeting of poor women and, in particular, those who are heads of household and older and rural women, with poverty alleviation programmes.
105. While noting a decline in the mortality rate of women, the Committee expresses its concern about the status of women's health, especially their reproductive health. It is alarmed that free access to health care appears to be no longer available to all women. It also expresses its concern that abortion continues to be used as a means of birth control. The large number of women suffering from anaemia and the incidence of infectious diseases alarms the Committee. It further expresses its concern about the increase in the use of alcohol and tobacco among women. The Committee expresses concern about the degree of environmental degradation in the country and its extremely negative impact on the health of the whole population, in particular women and children.
106. The Committee urges the Government to maintain free access to adequate health care and to improve its family planning and reproductive health policy, including availability of and accessibility to modern contraceptive means. It encourages the Government to promote sex education for both girls and boys, as well as educational programmes to combat alcohol and drug abuse among women. The Committee also urges the Government to design and implement a sound environmental policy aimed at protecting the health of women and children.
107. The Committee notes with concern the insufficient capacity and resources of women's non-governmental organizations, making it difficult for them to implement various projects and programmes in support of human rights of women.
108. The Committee recommends that the Government provide support for the work of women's non-governmental organizations by, inter alia, encouraging greater cooperation between them and the specialized agencies of the United Nations system and by increasing the awareness of the private sector and individuals regarding possible donations to women's organizations.
109. The Committee expresses its concern with the situation of rural women, including their access to health-care services, education and income-generating activities.
110. The Committee recommends that the Government pay greater attention to the situation of rural women and develop special policies and programmes aimed at their economic empowerment, ensuring their access to capital and productive resources as well as to health-care services and educational and social opportunities.
111. The Committee urges the Government to approve the amendment to article 20, paragraph 1, of the Convention, concerning the meeting time of the Committee.
112. The Committee also urges the Government to respond in its next periodic report to the specific issues raised in the present concluding comments.
113. The Committee requests that the text of the present concluding comments be widely disseminated in Kazakhstan so as to inform the public, in particular administrators, officials and politicians, of the measures taken to guarantee de jure and de facto equality between women and men and of the further measures that need to be adopted in this area. The Committee urges the Government to continue to give wide publicity to the Convention and its Optional Protocol, the general recommendations of the Committee, the Beijing Declaration3 and Platform for Action and the results of the twenty-third special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century",4 particularly among women's groups and human rights associations.
Maldives
114. The Committee considered the initial report of Maldives (CEDAW/C/MDV/1) at its 498th, 499th and 506th meetings, on 24 and 30 January 2001 (see CEDAW/C/SR.498, 499 and 506).
(a) Introduction by the State party
115. In introducing the report, the representative of Maldives informed the Committee that there had been several positive developments since the submission of the initial report in 1998. She noted that the existing laws and policies did not discriminate against women in the areas of access to health services, education and employment, but socio-cultural factors restricted women's de facto enjoyment of rights in these areas. The fifth national development plan period was almost over and the sixth national development plan currently being drawn up would incorporate a separate section on gender as a cross-cutting policy issue to ensure that gender concerns were addressed in development planning.
116. The representative said that measures, including public awareness-raising campaigns and the promotion of family life education, had been taken to eliminate traditional stereotypical attitudes with regard to the roles of women, and were reinforced by images in textbooks and the media. Although domestic violence was still largely considered to be a private matter, the Government had initiated public awareness campaigns to address such violence. Women who were victims of domestic violence could now report to the National Security System, which dealt with the issue through the criminal law. Trafficking of women and girls was not considered to be a problem in Maldives but, with the growing expatriate population, it was believed there would be a need to introduce anti-trafficking measures in the future. Prostitution was illegal and subject to strong religious and social sanctions, but it was thought to exist.
117. The representative informed the Committee that although the Constitution indicated that the Head of State of Maldives should be male, the political participation of women, as both voters and candidates, was encouraged. Despite public awareness and legal literacy campaigns aimed at increasing women's political participation, few women candidates presented themselves for election and only 10 per cent of the Majlis were women. In 2000, two women had been appointed to the post of Assistant Island Chief, the second highest-ranking island official, while one woman had been appointed acting Atoll Chief. There were no legal barriers to women participating in the foreign service or in international organizations, but only one female diplomat was currently working abroad.
118. The representative said that there was no discrimination with regard to nationality and that women had equal rights with men to acquire, retain or change their nationality. Marriage to a foreigner did not change a woman's nationality, and the 1998 Constitution had conferred Maldivian citizenship on children born to Maldivian mothers and foreign fathers. Women could obtain a passport and travel without the permission of their spouses or other male relatives.
119. The representative informed the Committee that no affirmative action policies to ensure gender equality existed. There was no disparity in the enrolment of girls and boys up to grade 10, which resulted in a very high rate of literacy among girls until secondary school. Only a limited number of students gained access to higher education because of the absence of a university in the country and transportation difficulties. There were no quotas for scholarships, including in traditionally male-dominated disciplines, such as engineering and law. Although there was no discrimination between women and men insofar as access to employment or remuneration, cultural practices promoted gender segregation in employment, with traditional views on the division of labour dictating that women's primary responsibility was with regard to childcare, the household and agricultural activities.
120. The representative noted that women and men had equal access to health care and that the overall health situation had improved as a result of better access to health and medical services. There was no disparity in the health status of girls and boys and no substantial difference in infant mortality and growth rates. A number of governmental initiatives had been introduced to address persisting disparities between the nutritional and health status of women and men during the reproductive years, and the media had launched public awareness campaigns on reproductive health.
121. The representative said that a new family law had been enacted by the Majlis in December 2000 and would enter into force on 1 July 2001. The law would include provisions on conditions for prenuptial agreements, polygamy and divorce. The new law would terminate the husband's right to non-judicial unilateral divorce and require court proceedings. It would also provide for the equal division of joint property on divorce and financial provision from the former husband for children and former wives. Eighteen years would be established as the minimum legal age of marriage for both women and men, unless the marriage registrar determined that there were special circumstances, despite the fact that the sharia provided that an individual could enter into marriage upon puberty. In that regard, the Government had implemented a programme to discourage and prevent early marriages.
(b) Concluding comments of the Committee
Introduction
122. The Committee expresses its satisfaction at the submission of the initial report of the Government of Maldives and the frank and constructive dialogue with the delegation. The Committee notes that the report did not provide specific and adequate information on national plans and laws in conformity with the Committee's guidelines, but expresses its appreciation for additional information given in the documents provided during the session and oral responses.
Positive aspects
123. The Committee commends the political will expressed in the Maldives "Vision 20/20" to work towards women's human rights as an integral dimension of national development. It welcomes the efforts made in regard to gender mainstreaming in the national plan of action and the national development plan.
124. The Committee also commends the recent measures taken to increase the participation of women as atoll chiefs and in island women's committees and atoll development committees.
125. The Committee welcomes the progress achieved and reflected in a very high adult literacy rate for women, and parity among boys and girls in primary and secondary education. It commends the improved indicators on life expectancy for women.
126. The Committee commends the efforts made to appraise laws for discrimination against women. The Committee welcomes, in particular, the ongoing efforts to bring the law on family relations into harmony with the Convention through the adoption of a new family law.
127. The Committee commends the Government for amending its nationality law and for granting women equal rights with men to acquire, change or retain their nationality, and also to transfer their nationality to their children.
128. The Committee also commends the Government for its progressive development of the national machinery and the establishment in 1998 of the Ministry of Women's Affairs and Social Security. It welcomes the initiative to reconstitute the National Women's Council as a Gender Equality Council chaired by the President of Maldives.
Factors and difficulties affecting the implementation of the Convention
129. The Committee notes that geographical distances between islands and atolls as well as stereotypes constitute impediments to the full implementation of the Convention.
Principal areas of concern and recommendations
130. The Committee expresses its concern with the reservations entered by the State party to articles 7 (a) and 16 of the Convention. It is concerned that the reservation to article 7 (a) on political participation supports the retention of legislative provisions that exclude women from the office of President and Vice-President of the country.
131. The Committee urges the Government to withdraw these reservations and to repeal legislation limiting women's political participation in public life.
132. The Committee expresses its regret that there is an absence of an effective machinery to enforce the rights recognized by the Constitution and to claim remedies. The Committee expresses its concern that the constitutional provisions on fundamental rights do not include non-discrimination on the ground of sex.
133. The Committee urges the Government to incorporate in the Constitution a provision against sexual discrimination and to provide for the effective enforcement of fundamental rights.
134. The Committee notes that the Government has not yet introduced temporary special measures, in accordance with article 4, paragraph 1, of the Convention, to improve women's access to higher education, decision-making positions and legislative bodies at the national and local levels.
135. The Committee urges the Government to introduce temporary special measures in a short-term and long-term framework. It requests the Government to combine them with public awareness and legal literacy programmes that challenge sexual stereotypes and recognize the right of women to equality. The Committee urges the Government to give priority to developing such programmes in areas of the country with high literacy levels.
136. The Committee notes with concern that early marriage and domestic responsibilities contribute to high dropout rates for girls. The Committee urges the Government to introduce minimum age of marriage laws and other programmes to prevent early marriage, in line with the obligations of the Convention.
137. The Committee notes with concern the under-reporting of violence against women, including domestic violence, and the absence of effective laws and law enforcement and a support system for women who are victims of violence. It expresses particular concern that violence against women is understood in the community and in the legal system to be a private matter rather than an infringement of human rights and a violation of the Convention.
138. The Committee urges the Government to improve law-enforcement measures, enact laws on domestic violence, including domestic violence and marital rape, in accordance with general recommendation 19, on violence against women,5 and work with women's groups to obtain reliable data and provide relief to victims of violence. The Committee requests the Government to respond to this issue in national plans, based on the Beijing Platform for Action and the Commonwealth Plan of Action on Gender and Development. It calls upon the Government to create public awareness on violence against women as an infringement of human rights that has grave social costs for the whole community.
139. The Committee expresses its concern that family laws discriminate against women and notes with concern the high divorce rates, which have an adverse impact on women and children.
140. The Committee urges the Government to enforce the new family law, which tries to address this problem, and to continue its efforts to reform all areas of family law so as to protect the human rights of women.
141. The Committee calls upon the Government to obtain information on comparative jurisprudence seeking to interpret Islamic law in harmony with international human rights standards and the Beijing Platform for Action.
142. The Committee notes with concern that the health and nutrition of girls suffer after puberty and that maternal mortality and morbidity rates and the mortality rate of girls under the age of 5 years remain at unsatisfactory levels. The Committee is also concerned that patriarchal and stereotypical attitudes have a negative impact on women's health and nutrition.
143. The Committee calls upon the Government to obtain information on the causes of maternal mortality, malnutrition and morbidity and the mortality rate of girls under the age of 5 years, and to develop programmes to address those problems.
144. The Committee urges the Government to sign and ratify the Optional Protocol to the Convention and to deposit as soon as possible its instrument of acceptance of the amendment of article 20, paragraph 1, of the Convention, concerning the meeting time of the Committee.
145. The Committee requests the Government to respond in its next periodic report to the specific issues raised in the present concluding comments. It also requests the Government to provide in its next report an assessment of the impact of measures taken to implement the Convention.
146. The Committee requests the wide dissemination in Maldives of the present concluding comments in order to make the people of Maldives, in particular governmental administrators and politicians, aware of the steps that have been taken with regard to de jure and de facto equality for women and of the future steps that are required in that regard. It requests the Government to continue to disseminate widely, and in particular to women's and human rights organizations, the Convention and its Optional Protocol, the general recommendations of the Committee, the Beijing Declaration and Platform for Action and the results of the twenty-third special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century".
Uzbekistan
147. The Committee considered the initial report of Uzbekistan (CEDAW/C/UZB/1) at its 500th, 501st and 507th meetings, on 25 and 30 January 2001 (see CEDAW/C/SR.500, 501 and 507).
(a) Introduction by the State party
148. In introducing the report, the representative of Uzbekistan highlighted the recent political, social and legal developments in that country, noting that the advancement of women was among the highest priorities of the Government and the President. He indicated that the ratification of the Convention in 1995 without reservation, as well as the ratification of other international human rights instruments, were an expression of the country's commitment to the advancement of women and to achievement of the goal of gender equality. He emphasized that the Government of Uzbekistan was also seriously considering signing and ratifying the Optional Protocol.
149. The representative said that the Constitution did not contain a reference to "discrimination against women". However, the principle of equality between men and women was the foundation of the Constitution of the Republic of Uzbekistan, adopted in 1992.
150. The representative said that the Government had identified six main directions of work for the advancement of women. The first direction was the creation of a gender-sensitive system of laws and regulations to ensure the conditions necessary for the participation of women in the political, social, economic and cultural life of the country. The Government had published a compilation survey that included about 70 laws and regulations directly addressing the situation of women.
151. The second task was the establishment of national mechanisms for the advancement of women. The Parliament Committee on Social and Employment Issues and the Special Commission on the Issues of Women and Family were entrusted with the responsibility of elaborating new legislation that would protect the interests of women in various areas, as well as conducting a gender assessment of the existing rules and regulations. Both the Committee and the Commission monitored the implementation of State policies and programmes aimed at improvement of the status of women in society and at implementation of the Convention. The representative informed the Committee that a new position of Vice-Prime Minister, Minister for the issues of social protection of the family, motherhood and childhood, had been established. The respective positions had been established at the local level.
152. The representative informed the Committee of the establishment of a wide network of national human rights institutions, including the Office of the Ombudsman, the Institute for Monitoring Enforced Legislation and the National Human Rights Centre. To develop policies and programmes to improve the situation of women, governmental and non-governmental human rights institutions had, in 1999 and 2000, conducted a review and analysis of existing laws, focusing on those articles that directly provided for the legal protection of women and ensured their interests in a wide variety of areas.
153. The representative informed the Committee of the considerable increase in the number of non‑governmental organizations dealing with women's issues. At the beginning of 2001 there were more than 100 such organizations. Cooperation between governmental bodies and non-governmental organizations in the development of policies and programmes for women was increasing, and Uzbekistan had benefited from cooperation with and technical assistance provided by international organizations, especially the United Nations Development Fund for Women and the United Nations Development Programme. With the help of the latter, the Committee of Uzbek Women had set up, in 1997, the Gender in Development Bureau to develop and implement programmes aimed at the economic empowerment of women in the country's transition to a market economy. National women's non-governmental organizations had established close contacts with similar organizations in other countries. Together with an American organization they had established a network of information centres on women's issues.
154. The representative informed the Committee that, in accordance with the recommendations of the United Nations Decade on Human Rights Education, the Government had developed a national programme of action in the area of human rights, including the human rights of women. Within the framework of the programme of action, special courses on human rights had been introduced in schools and universities. In addition, pursuant to the recommendations of the Beijing Platform for Action, 36,000 seminars, in which 1.5 million women had participated, had been organized to address various issues of women's advancement and gender equality.
155. The representative emphasized women's educational achievements, stating that women constituted 37 per cent of students in higher education. Almost 50 per cent of economically active women were employed in the national economy. The majority of working women were employed in industry (48 per cent), agriculture (40 per cent), health and social security (70 per cent), education and science (47-60 per cent) and trade, public catering and social services (50‑52 per cent). According to estimates, in 2000 about 70 per cent of women had been employed in the private sector.
156. The changes currently taking place in the economy had negatively affected the situation of women in the labour market, especially increasing unemployment among them. To decrease the level of unemployment, the Government had been creating 280,000 to 300,000 new jobs annually, 40 per cent of which were given to women. The Government, together with business organizations, was also promoting the development of entrepreneurship among women. Of 64,000 entrepreneurs 20,000 were women.
157. The representative informed the Committee that the Government and the President were paying serious attention to the health of the population, in particular that of women and children. Taking into account the high birth rate in the country, the Government had developed a series of State programmes to improve the reproductive health of women and to decrease maternal and child mortality.
158. In closing, the representative informed the Committee that his Government fully understood that much more needed to be done to achieve equality between women and men. He emphasized the Government's full commitment to continuing its work in that regard and to overcoming the obstacles that the women of Uzbekistan continued to encounter.
(b) Concluding comments of the Committee
Introduction
159. The Committee expresses its appreciation to the Government of Uzbekistan for the submission of its initial report. It commends the Government on its informative oral presentation, in which it updated the developments in the country since the submission of the report in early 2000, as it provided new information and further clarified the current status of implementation of the Convention. The Committee notes with appreciation that the report contains statistical data disaggregated by sex.
160. The Committee commends the Government of Uzbekistan for sending the delegation which had established a frank and constructive dialogue with the members of the Committee. The Committee welcomes the political will and the efforts of the Government of Uzbekistan to implement the recommendations of the Beijing Platform for Action and articles of the Convention.
161. The Committee welcomes the fact that Uzbekistan ratified the Convention without reservation and is considering signing its Optional Protocol.
Positive aspects
162. The Committee commends the Government for its political will to implement the Convention. It notes with appreciation the development of national mechanisms for monitoring the protection of human rights, including the human rights of women. It welcomes the efforts of the Government to establish a national machinery for the advancement of women and to conduct a review of legislation, especially those laws that directly address the status of women in various areas. The Committee welcomes the establishment of the Office of the Ombudsman within the Parliament.
163. The Committee commends the Government for its efforts to maintain a high level of education and for its policies concerning the employment of women. The Committee notes with appreciation the measures of the Government to promote women entrepreneurs.
164. The Committee welcomes the partnership of governmental agencies with women's non-governmental organizations in the promotion of women's human rights and welcomes the emergence of women's non-governmental organizations.
Factors and difficulties affecting the implementation of the Convention
165. The Committee considers that the negative effects of the ongoing economic and political transformation and the ecological degradation in the country are major impediments to the full implementation of the Convention.
Principal areas of concern and recommendations
166. The Committee expresses its concern that, although the Constitution and the domestic laws provide for the equality of all citizens, they do not contain a definition of discrimination against women modelled on article 1 of the Convention, which prohibits both direct and indirect discrimination. The Committee also expresses its concern about the status of the Convention, and whether its provisions can be directly invoked before the courts.
167. The Committee calls upon the Government to include the definition of discrimination against women in article 1 of the Convention in its Constitution and national legislation. It also recommends that the Government draft a comprehensive law on equal opportunities for women and men, containing provisions to allow the adoption of temporary special measures in accordance with article 4, paragraph 1 of the Convention. It requests the Government to provide in its next report relevant information on this law, as well as the remedies available to women for redress for violations of their rights protected under the Constitution and the Convention.
168. The Committee expresses its concern that there is a very strong prevalence and significant resurgence of patriarchal attitudes and behaviour. Such traditional attitudes towards women are reflected in the lack of sharing of responsibility by men for household and family duties. The Committee also expresses concern about the lack of targeted educational programmes, revision of curricula and textbooks, and mass media campaigns to eliminate those stereotypes.
169. The Committee recommends that the Government take urgent measures to overcome traditional stereotypes regarding the role of women and men in society. The Committee emphasizes that a policy of gender equality in compliance with the Convention will require the reconceptualization of the role of women in society from that of mother and wife, exclusively responsible for children and the family, to that of individual person and actor in society. It recommends an increase in the number of women in decision-making bodies at all levels and in all areas. It also recommends that the Government strengthen its efforts to organize special training programmes for women and to conduct on a regular basis awareness-raising campaigns in this regard.
170. The Committee is concerned about the low representation of women in decision-making bodies because of a number of factors, including traditional sex roles.
171. The Committee recommends that the Government utilize temporary special measures in accordance with article 4, paragraph 1, of the Convention to increase the number of women in decision-making levels in government, governmental bodies, public administration and State-owned enterprises.
172. The Committee notes with concern that the Government has not made sufficient effort to ensure de jure equality between women and men and regards such efforts as particularly urgent in view of the increasing de facto inequality in the society.
173. The Committee recommends that the Government take a comprehensive and holistic approach to promoting equality between women and men in all areas, including the economic, social, political, cultural and family domains. It also recommends a shift from a welfare approach towards a human rights approach, whereby women are claimants of their rights.
174. The Committee expresses its concern that the existing national mechanism for the advancement of women does not have sufficient strength and visibility or funding to promote effectively the advancement of women and gender equality. The Committee also expresses its concern about the lack of an overall, integrated policy of gender mainstreaming.
175. The Committee recommends that the Government restructure the existing national machinery in order to give it more visibility and strength, as well as review its mandate to carry out effectively the mainstreaming of a gender perspective in all policies and programmes and to promote the advancement of women. It also recommends that the Government assess the capacity of the national machinery and provide it with the necessary human and financial resources, and that it strengthen the existing governmental national mechanisms for women at all levels. It urges the Government to consider fostering more effective coordination among the existing mechanisms for women's issues and gender equality and to ensure tha