Part one
Report of the Committee on the Elimination
of Discrimination against Women on its
twenty-sixth session
|
His Excellency Mr. Kofi Annan
Secretary-General of the United Nations
New York |
Letter of transmittal
2 May 2002
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-sixth session from 14 January to 1 February 2002 at
United Nations Headquarters. It adopted its report on the session
at the 549th meeting, on 1 February 2002. The report of the
Committee is herewith submitted to you for transmission to the
General Assembly at its fifty-seventh session.
Accept, Sir, the assurances of my highest consideration.
(Signed) Charlotte Abaka
Chairperson
Committee on the Elimination of Discrimination against Women
Chapter I
Matters brought to the attention of States parties
Decisions
Decision 26/I
Statement of solidarity with Afghan women
The
Committee decided to adopt a statement of solidarity with Afghan
women (see paras. 417-421 below).
Decision 26/II
Gender and sustainable development
The
Committee decided to adopt a statement on gender and sustainable
development, to be forwarded to the preparatory committee for the
World Summit on Sustainable Development, to be held in
Johannesburg, South Africa from 26 August to 4 September 2002 (see
paras. 422-429 below).
Decision 26/III
Ending discrimination against older women through the
Convention
The
Committee decided to adopt a statement on ending discrimination
against older women through the Convention to be forwarded to the
preparatory committee for the World Assembly on Ageing, to be held
in Madrid from 8 to 12 April 2002 (see paras. 430-436 below). It
also decided, subject to the availability of resources, to nominate
one of its members to attend the World Assembly on its behalf.
Decision 26/IV
Special session of the General Assembly on children
Recalling its decision 25/III on the special session of the General
Assembly on children, the Committee decided, subject to the
availability of resources, to nominate one member to participate in
the special session, to be held from 8 to 10 May 2002, on its
behalf.
Chapter II
Organizational and other matters
A. States parties to the Convention on
the Elimination of All Forms of Discrimination against
Women
1.
On 1 February 2002, the closing date of the twenty-sixth session of
the Committee on the Elimination of Discrimination against Women,
there were 168 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 its article 27, the Convention
entered into force on 3 September 1981.
2. A
list of States parties to the Convention is contained in annex I. A
list of States parties that have accepted the amendment to article
20, paragraph 1, of the Convention is contained in annex II. A list
of States parties that have signed, ratified or acceded to the
Optional Protocol to the Convention is contained in annex III.
B. Opening of the session
3.
The Committee held its twenty-sixth session at United Nations
Headquarters from 14 January to 1 February 2002. The Committee held
21 plenary meetings (529th to 549th) and met as a working group of
the whole in 12 meetings.
4.
The session was opened by the chairperson of the Committee,
Charlotte Abaka (Ghana), who was elected at the twenty-fourth
session of the Committee, in January 2001.
5.
Addressing the Committee at its 529th meeting, on 14 January 2002,
the Assistant Secretary-General and Special Adviser to the
Secretary-General on Gender Issues and Advancement of Women, Angela
E. V. King, welcomed the two new members of the Committee who
had been nominated by their Governments and accepted by the
Committee to complete the terms of two former members who had
resigned because of professional commitments. The Special Adviser
also introduced Carolyn Hannan, who had recently been appointed
Director of the Division for the Advancement of Women.
6.
While noting that the period between the twenty-fifth and
twenty-sixth sessions had been marked by difficulties resulting
from the tragic events of 11 September 2001, the Special Adviser
indicated that there had been several highlights during that
period. They included the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, which had been
held from 31 August to 8 September 2001, in Durban, South Africa.
Several members of the Committee, including the Chairperson, had
participated in the Conference, which recognized that racism,
racial discrimination and related intolerance affected women and
girls differently than men and boys and stressed the need to
integrate a gender perspective into relevant policies, strategies
and programmes against racism and racial discrimination. She also
highlighted the strategies recommended by the Conference to
confront racism and racial discrimination, which included the
signing and ratifying of human rights and other treaties, including
the Convention and its Optional Protocol, and their full
implementation.
7.
The Special Adviser informed the Committee on developments with
respect to the situation of women and girls in Afghanistan. The
United Nations had sponsored talks between four Afghan groups in
Bonn, Germany, chaired by the Special Representative of the
Secretary-General for Afghanistan, which had ended on 5 December
2001 with the signing of an Agreement on Provisional Arrangements
in Afghanistan Pending the Re-establishment of Permanent Government
Institutions. Two women had participated as full delegates in those
talks and two women had been included in the Interim
Administration, one as Minister of Women's Affairs and one as
Minister of Health. She also informed the Committee that the first
Integrated Mission Task Force, which had been established to advise
the Special Representative of the Secretary-General for
Afghanistan, included three gender specialists drawn from the
Division for the Advancement of Women, the World Food Programme
(WFP) and the United Nations Children's Fund (UNICEF).
8.
The Special Adviser drew attention to the Afghan Women's Summit for
Democracy, held in Brussels, on 4 and 5 December 2001, which had
been organized at the request of Afghan women by the European
Women's Lobby, Equality Now and other groups, in collaboration with
her Office and the United Nations Development Fund for Women
(UNIFEM). The meeting, which she had attended, had been held so
that Afghan women could identify their priorities for the future of
Afghanistan, particularly with respect to their full participation
in the peace process, including in the context of Security Council
resolution 1325 (2000) of 31 October 2000 on women, peace and
security. The Summit had concluded with the adoption of the
Brussels Proclamation, which addressed women's demands with respect
to the reconstruction of Afghanistan. The Convention on the
Elimination of All Forms of Discrimination against Women was one of
the human rights instruments highlighted in the Proclamation.
9.
The Special Adviser informed the Committee that she and the
Division for the Advancement of Women had taken every possible
opportunity to encourage ratification of the Convention and its
Optional Protocol, as well as acceptance of the amendment to
article 20, paragraph 1, of the Convention. Letters had been sent
to the Permanent Representatives of all States parties that had not
yet accepted the amendment, as well as to members from States
parties which had not yet accepted the amendment, urging its
acceptance. Her office and the Division for the Advancement of
Women collaborated with the Office of Legal Affairs in connection
with that Office's treaty signature/ ratification event, which took
place from 19 September to 5 October 2001 and which had been
directed at achieving universal ratification of the United Nations
treaties most relevant to the advancement of women. A significant
number of ratifications and accessions of these treaties had been
achieved during the event. The Division for the Advancement of
Women had also provided technical support for a subregional
training workshop organized by the Secretariat of the Pacific
Community, with support from the United Nations Development
Programme (UNDP) and the Government of the United Kingdom of Great
Britain and Northern Ireland on ratification of the Convention.
10. The Special
Adviser informed the Committee that, taking into account its
decision 25/1, the General Assembly had authorized the Committee to
hold, on an exceptional basis, an extraordinary session of three
weeks' duration in 2002, to be used entirely for the consideration
of the reports of States parties in order to reduce the backlog of
reports. She indicated that, in considering the matter, the
Advisory Committee on Administrative and Budgetary Questions had
expressed the view that the expected elimination of the backlog
might be temporary unless the Committee on the Elimination of
Discrimination against Women reforms its methods of work, including
its reporting procedures, and provides guidelines concerning the
length of reports from States parties. The Advisory Committee was
also of the opinion that the Committee and the States parties
should consider adopting reporting guidelines that could limit the
length of reports of States parties and streamline their structure
and content.
11. In closing,
the Special Adviser indicated that the work of the Committee during
its current session would include consideration of the reports of
eight States parties and continuation of the discussion of the
general recommendation of the Committee on article 4, paragraph 1,
of the Convention concerning temporary special measures aimed at
accelerating de facto equality between men and women. She also
recalled that the World Summit on Sustainable Development would
take place in Johannesburg from 26 August to 4 September 2002, and
that the Committee might wish to prepare input for that event.
C. Attendance
12. All members
of the Committee attended the twenty-sixth session.
13. A list of
the members of the Committee indicating the duration of their terms
of office is contained in annex IV to the final report of the
Committee for 2002.
D. Solemn declaration
14. At the
opening meeting of the twenty-sixth session, at the 529th meeting,
before assuming their functions, two members made the solemn
declaration provided for under rule 15 of the Committee's rules of
procedure. They were Christine Kapalata (United Republic of
Tanzania), who had been nominated by her Government and accepted by
the Committee to complete the remaining period of the term of Asha
Rose Mtengeti-Migiro, and Fumiko Saiga (Japan), who had been
nominated by her Government and accepted by the Committee to
complete the remaining period of the term of Chikako Taya.
E. Adoption of the agenda and organization of
work
15. The
Committee considered the provisional agenda and organization of
work (CEDAW/C/2002/I/1) at its 529th meeting on 14 January 2002.
The agenda as adopted was as follows:
1. Opening of the
session.
2. Solemn declaration by
new members of the Committee.
3. Adoption of the agenda
and organization of work.
4. Report of the
Chairperson on activities undertaken between the twenty-fifth and
twenty-sixth sessions of the Committee.
5. Consideration of the
reports submitted by States parties under article 18 of the
Convention on the Elimination of All Forms of Discrimination
against Women.
6. Implementation of
article 21 of the Convention on the Elimination of All Forms of
Discrimination against Women.
7. Ways and means of
expediting the work of the Committee.
8. Provisional agenda for
the twenty-seventh session.
9. Adoption of the report
of the Committee on its twenty-sixth session.
F. Report of the pre-session
working group
16. The
pre-session working group for the twenty-sixth session of the
Committee met from 23 to 27 July 2001 to prepare lists of issues
and questions relating to the periodic reports that would be
considered by the Committee at that session. The following members,
representing different regional groups, participated in the Working
Group: Mavivi Myakayaka-Manzini (Africa); Heisoo Shin (Asia);
Frances Livingstone Raday (Europe); and Zelmira Regazzoli (Latin
America and the Caribbean). Ms. Zelmira Regazzoli was elected as
its Chairperson.
17. The working
group prepared lists of issues and questions relating to the
reports of five States parties, namely: Iceland, Portugal, the
Russian Federation, Sri Lanka and Uruguay.
18. At its 531st
meeting, on 16 January 2002, the Chairperson of the pre-session
working group introduced the report of the group
(CEDAW/PSWG/2002/1/CRP.1 and Add.1-5).
G. Organization of work
19. At its 529th
meeting, on 14 January 2002, the Committee decided to take up
issues under agenda item 6, on implementation of article 21 of the
Convention, and agenda item 7, on ways and means of expediting the
work of the Committee, through a working group of the whole. The
issues it decided to consider were: the general recommendation on
article 4.1 of the Convention; the draft model form for
communications prepared by the working group on the optional
protocol; human rights education; and the agenda for the
inter-treaty body meeting to be held in June 2002.
Chapter III
Report of the Chairperson on the activities undertaken between the
twenty-fifth and twenty-sixth sessions of the Committee
20. At its 529th
meeting, on 14 January 2002, the Chairperson of the Committee,
Charlotte Abaka, briefed the Committee on her attendance at the
World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, including her participation in a number of
important parallel events. They included an event entitled "The
Voices of Victims - Human stories of racial
discrimination with first-hand accounts from every region of the
world", and a round table on the "Impact of Multiple Forms of
Discrimination on Women", which was organized by the Office of the
United Nations High Commissioner for Human Rights and the Division
for the Advancement of Women and was chaired by the High
Commissioner for Human Rights, Mary Robinson. The Chairperson
indicated that, during the round table, she had highlighted the
Committee's statement on gender and racial discrimination. The
Chairperson emphasized the fact that the Committee's work had
attracted significant interest at events during the World
Conference.
21. The
Chairperson stated that the Convention was an effective tool in
achieving sustainable human, economic, social and cultural
development. She strongly recommended that the Committee place more
emphasis on human rights education and actively participate in the
final years of the United Nations Decade for Human Rights Education
(1995-2004). She identified gender-sensitive human rights education
as a critical strategy to address inequalities, injustices and
abuses in the home, the workplace, the streets, courts, prisons and
elsewhere. She stated that citizens and policy makers should learn
to understand human rights obligations and responsibilities and
that they should learn to monitor and enforce human rights
effectively and efficiently.
Chapter IV
Consideration of reports submitted by States parties under article
18 of the Convention
A. Introduction
22. At its
twenty-sixth session, the Committee considered the reports of eight
States parties submitted under article 18 of the Convention: the
initial report of one State party; the combined initial, second and
third periodic reports of two States parties; the combined second
and third periodic report of one State party; the combined third
and fourth periodic reports of two States parties; the third and
fourth periodic reports of one State party; and the fifth periodic
report of one State party.
23. 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 report
Fiji
24. The
Committee considered the initial report of the Republic of the Fiji
Islands (CEDAW/C/FJI/1) at its 530th and 531st meetings, on 17
January 2002, and its 538th meeting on 22 January 2002 (see
CEDAW/C/SR.530, 531 and 538).
(a) Introduction by the State party
25. In
introducing the report, the representative of Fiji stated that her
country believed in the spirit and the goals of the Convention on
the Elimination of All Forms of Discrimination against Women, was
committed to human rights and took its obligation to implement the
Convention seriously. Fiji was proud to be the first Pacific island
State to report to the Committee, and before submitting the initial
report in early 2000, had withdrawn its reservation to article
5 (a) of the Convention.
26. The
representative said that the report had been a collaborative effort
of all governmental sectors, in partnership with civil society and
non-governmental organizations, and that Fiji had shared its
experiences in the preparation of its initial report at the
workshop conducted by the Division for the Advancement of Women in
New Zealand in 2001.
27. The
representative informed the Committee that the isolation of Fiji
and her Pacific island neighbours from the rest of the world made
the country susceptible to global economic forces and,
consequently, sporadic political upheavals, and the country's goals
and priorities were affected by social, economic and environmental
vulnerabilities. Fiji relied on a small export base dealing in an
open market in international trade and a sluggish economy had led
to major job losses, outward migration, a lowering of the living
standard, increased poverty and crime. She pointed out that over
half of the predominantly highly skilled and qualified
professionals who had migrated from Fiji in recent years had been
women.
28. An attempted
civilian coup d'état on 19 May 2000 had disrupted
parliamentary rule by the democratically elected Government.
General elections had since been conducted, restoring
constitutional democracy and political stability. A total of 26 of
the 353 candidates were women and 5 had been successful. Currently,
two women are cabinet ministers, two are assistant ministers and
one is a member of the Opposition. There are three women in the
32-member Senate.
29. Poverty
continued to be a growing concern, with a 1996 study revealing that
25.5 per cent of households lived below the poverty line.
Single-headed households accounted for 20 per cent of the poor,
with one in seven being female-headed. Means to address that
included the reconstituting of the Ministry for Women to achieve
parity with the Department of Social Welfare and the Department of
Poverty Alleviation, thereby recognizing the linkage between gender
and poverty, which had been flagged in the 2000 Millennium
Declaration. Fiji had recognized that the alleviation of poverty
would advance women's rights and bring the country closer to its
goal of social equity. Thus, the 2002 government budget allocation
for poverty alleviation and rural development had increased by
$56 million.
30. Gender
mainstreaming approaches were being pursued especially in the
implementation of the Women's Plan of Action of the Government of
Fiji. Some efforts by civil society and non-governmental
organizations to provide programmes, advocate and lobby for women's
strategic and practical needs were government-subsidized and
complemented the Government's efforts in the areas of violence
against women, women in politics, women in the media,
peace-building and legal reforms. Part of the commitment of her
Government to provide programmes for disadvantaged groups or
categories of persons to achieve equality included economic support
to promote a more equitable development for indigenous Fijians and
Rotumans. The Social Justice Act was passed in December 2001,
implementing chapter 5 of the 1997 Constitution, which required
Parliament to make provision for a framework for decisions on
policy and legislation for affirmative action.
31. The
preceding two years of political crisis had made national security
the Government's top priority. However, progress had been made on a
number of issues, including a review of the penal code on sexual
offences. Legislation on offences against children had been amended
to address an increase in paedophilia. Women in Fiji had followed
the commercial law reform with interest, especially with regard to
intellectual property rights, as the protection of indigenous and
cultural knowledge and property rights was of concern.
32. The
representative informed the Committee of the implementation of her
Government's commitment at the Fourth World Conference on Women in
Beijing to campaign against violence against women. Programmes and
training workshops had been supported by the Government, and
financial support had been provided for civil society organizations
offering support and shelter to victims. The Ministry of Women,
Social Welfare and Poverty Alleviation had formed a task force on
violence against women which was working closely with women's
organizations and civil society on a domestic violence agenda for
appropriate legislation or remedies. It was hoped that results
would be achieved in 2002.
33. On the issue
of access and participation of girls in education, the Fiji Islands
Education Commission/Panel (November 2000) had pointed to an
increase of 19.8 per cent in primary schools, and a 405 per cent
increase in secondary schools between 1970 and 1999. Women lagged
behind in science and technology, however. Therefore, career
choices in those fields for most girls and young women were
limited. The reason for that was, inter alia, that schools
predominantly offered home economics and typing to girls and
technical drawing, woodwork and metal work to boys, in addition to
gender stereotyping in curriculum materials. Women's enrolment in
non-traditional fields had increased as a result of scholarships
funded by donor Governments and similar initiatives adopted by
local institutions.
34. Women's
reproductive health was well catered for, but women's mental health
was a neglected area. Sexually transmitted infections had continued
to escalate, and the Ministry of Health had set a number of
priority areas, including HIV prevention, care of and support for
persons living with HIV/AIDS and testing. The health sector had
suffered, however, from the out-migration of health
professionals.
35. The
representative indicated that the work of rural women was rarely
acknowledged in national statistics and there were no figures
available for women farmers, fisherfolk or forestry workers or
rural businesswomen. Rural women's access to education and health
required improvement. The Government was emphasizing development
for rural areas, and the Ministry of Women, Social Welfare and
Poverty Alleviation was making all efforts to ensure equitable
development for both rural and urban women and men.
36. Gender roles
were deeply rooted in all communities in Fiji and, despite
education and changes that had occurred in traditional gender
roles, women's status was unequal to that of men. Changes were
beginning to occur among urban families, where both women and men
worked, but decision-making continued to be the realm of men.
Domestic violence affected most homes in Fiji, irrespective of
social or economic status, but that had only recently become a
public issue. The breakdown of the family unit was of major
concern, with applications for legal aid assistance in family law
matters, including divorce, maintenance and custody, having sharply
increased.
37. The
representative concluded by stating that Fiji's specific
vulnerabilities underscored the need to strengthen technical
support and assistance at the international and regional levels, as
well as building effective networks and partnerships with
non-governmental organizations, civil society and the private
sector.
(b) Concluding comments of the
Committee
Introduction
38. The
Committee expresses its appreciation to the State party for its
initial report which, although delayed, was informative, contained
data disaggregated by sex and complied with the Committee's
guidelines for the preparation of initial reports.
39. The
Committee commends the State party on its delegation, headed by the
Assistant Minister of the Ministry of Women, Social Welfare and
Poverty Alleviation.
Positive aspects
40. The
Committee commends the efforts made to ensure the implementation of
the Convention through a wide range of laws, policies and
programmes, with the support and active participation of women's
civil society organizations. The Committee commends the State party
for preparing its initial report in consultation with these
organizations. It commends the launching of the Women's Plan of
Action 1999-2008, which incorporates commitments of the Beijing
Platform for Action.
41. The
Committee welcomes the introduction of a specific provision on
gender equality in the Constitution of 1997, and the establishment
in Fiji of the first human rights commission in the South Pacific
region. The Committee appreciates the recognition given to public
international law in interpreting the Constitution and notes that
this has helped courts to use the Convention in judicial
interpretation. The Committee commends the State party for
withdrawing its reservations to articles 5 (a) and 9 of the
Convention. It also welcomes the extensive programme of law reforms
in critical areas in conformity with the Constitution and the
Convention and commends in particular the enactment of a
citizenship law based on article 9 of the Convention.
42. The
Committee commends the State party for establishing the Ministry of
Women, Social Welfare and Poverty Alleviation and facilitating the
integration of the central dimension of gender into social welfare
and poverty reduction. The Committee also welcomes the creation of
several institutional mechanisms, including the National Women's
Advisory Counsel, to promote gender equality and implement the
Women's Plan of Action.
43. The
Committee commends the efforts of the State party to strengthen
gender mainstreaming and monitoring through the gender budget
initiative, and a gender audit project and welcomes the initiatives
taken on human rights education and gender training.
Factors and difficulties affecting the implementation of the
Convention
44. The
Committee notes that stereotypical attitudes towards women's work
and family responsibilities impede full implementation of the
Convention.
45. The
Committee recognizes that periods of political instability, ethnic
tensions, low economic growth and increasing poverty in a period of
economic transition have impacted negatively on the State party's
efforts to implement the Convention.
Principal areas of concern and recommendations
46. The
Committee expresses concern that the Constitution of 1997 does not
contain a definition of discrimination against women. The Committee
notes the absence of effective mechanisms to challenge
discriminatory practices and enforce the right to gender equality
guaranteed by the Constitution in respect of the actions of public
officials and non-State actors. The Committee is concerned that the
Convention is not specified in the mandate of the Human Rights
Commission, and that it is not assured funds to continue its
work.
47. The
Committee recommends that proposed constitutional reform should
address the need to incorporate a definition of discrimination. The
Committee urges the State party to include a clear procedure for
enforcement of fundamental rights and enact an equal opportunities
law to cover the actions of non-State actors. The Committee also
recommends that the mandate of the Human Rights Commission be
expanded to include the Convention, and that the Commission be
provided with adequate resources from State funds.
48. The
Committee is concerned that the Social Justice Act and the "Blue
Print", which propose affirmative action for the indigenous Fijian
population, do not integrate a gender perspective.
49. The
Committee recommends that the Social Justice Act and the "Blue
Print" be evaluated for their impact on both ethnicity and gender,
to ensure respect for gender equality, and human rights in Fiji's
multicultural plural society. The Committee urges the State party
to introduce an effective monitoring mechanism to ensure that these
programmes conform with fundamental rights guaranteed by the
Constitution and the Convention's concept of temporary special
measures, and contributes to the elimination of discrimination
against all Fijian women.
50. The
Committee is concerned that, despite significant gains in
education, some equal employment opportunities policies and an
accessible database on qualified women professionals, women's
political participation and access to decision-making positions
remain limited.
51. The
Committee recommends the introduction of temporary special measures
in accordance with article 4.1 of the Convention to increase the
representation of women in national and local assemblies, and in
decision-making positions at all levels.
52. The
Committee notes the active participation of women's civil society
organizations, and recommends that this rich resource continue to
be used for sustainable development and the promotion of gender
equality in Fiji.
53. The
Committee recommends that the participation of women's civil
society organizations in the Women's Advisory Council be
strengthened, and that the various governmental machineries work in
a coordinated manner with them in implementing the Women's Plan of
Action 1999-2008.
54. The
Committee notes that women shoulder a heavy burden of dual
responsibility at work and in the family, and that there has been
an increase in the number of female heads of households. It is
concerned that entrenched stereotypical attitudes to women in
society and the idea of an exclusively male head of household
encourage segregation in employment and a denial of the economic
contribution of women.
55. The
Committee recommends an accelerated and broad-based programme of
human rights education and gender training which includes
dissemination of information on the Convention, with a view to
changing existing stereotypical attitudes. It also recommends
changes in laws and administrative regulations to recognize women
as heads of households and the concept of shared economic
contribution and household responsibilities.
56. The
Committee notes with concern that women do not receive equal wages
for work of equal value and are denied equal access to employment
and promotion. Furthermore, the working conditions of women,
particularly in the tax-free zones, contravene article 11 of the
Convention. The Committee also notes with concern that pregnancy
leave is not mandatory.
57. The
Committee recommends the very early adoption of the Industrial
Relations Bill and Equal Opportunity legislation and a repeal of
outdated labour laws. Legal reforms should make pregnancy leave
mandatory and deal with sexual harassment in the workplace. The
Committee calls upon the State party to promote the adoption of a
code of ethics for investors, including in the tax-free
zones.
58. The
Committee notes with concern the high incidence of ethnic and
gender-based violence against women in periods of civil unrest. It
is concerned that, despite the State party's positive initiatives
to address gender-based violence, there are high levels of domestic
violence and sexual abuse of girls and women. The Committee is also
concerned that the social customs on the husband's right of
chastisement, and "bulu bulu", give social legitimacy to violence.
The Committee also notes that the Evidence Bill, which introduces
reforms in procedures with respect to sexual offences, has not been
adopted.
59. The
Committee requests the State party to strengthen its initiatives to
combat gender-based violence and adopt the proposed laws on
domestic violence and sexual offences very early, prohibiting
practices that legalize violence against women. In particular, it
calls on the State party to reinforce its "no drop" policy by
prohibiting the reconciliation of cases of rape and sexual assault
on the basis of the "bulu bulu" custom. The Committee recommends
the early passage and entry into force of the Evidence
Bill.
60. The
Committee notes with concern that an increase in levels of poverty
and adverse economic conditions are undermining Fiji's gains in
women's education. These conditions have led to a higher incidence
of girls dropping out of school, with connected problems of early
marriage, teenage pregnancies and sexual exploitation.
61. The
Committee recommends the introduction of targeted policies and
programmes to reduce poverty, prevent early marriage, teenage
pregnancies and girls dropping out of school.
62. The
Committee notes the gains achieved with regard to women's health
but is concerned that women in remote islands are adversely
affected by maternal and infant mortality. It notes that
out-migration of health professionals has led to a decline in
health services, and that cervical cancer and circulatory diseases
are a major cause of female death. The Committee also notes with
concern the growing incidence of sexually transmitted diseases,
including HIV/AIDS.
63. The
Committee recommends that priority be given to allocating resources
for improving health care services for women, including in the
remote islands, and combating sexually transmitted diseases,
including HIV/AIDS. It encourages the State party to introduce
proactive measures and incentives to attract local health
professionals to the health services in Fiji.
64. The
Committee is concerned that there is a growing problem of
prostitution due to economic hardship, and that a colonial law from
1944 which penalizes the conduct of only women who engage in
prostitution continues to be enforced.
65. The
Committee recommends an holistic and integrated programme of law
reform, and policies and programmes to facilitate reintegration,
and the criminalization of the actions of only those who profit
from the sexual exploitation of women.
66. The
Committee notes with concern that family laws in Fiji contain many
discriminatory provisions, and that restrictive divorce laws
encourage violence, including suicide. It also notes with concern
that the proposed Family Law Bill has not been adopted.
67. The
Committee urges the early adoption of the Family Law Bill and calls
for the law on family relations of all communities to be brought
into conformity with the Constitution and the Convention.
68. The
Committee urges the State party to sign and ratify the Optional
Protocol to the Convention and to deposit, as soon as possible, its
instrument of acceptance of the amendment to article 20,
paragraph 1, of the Convention, concerning the meeting time of
the Committee.
69. The
Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report submitted under article 18 of the Convention. It
particularly requests information on the impact of legislation,
policies and programmes.
70. The
Committee requests the wide dissemination in the Republic of the
Fiji Islands of the present concluding comments in order to make
the people of Fiji, in particular governmental administrators and
politicians, aware of the steps that have been taken to ensure de
jure and de facto equality for women and of the further steps that
are required in this regard. It requests the State party to
continue to disseminate widely, in particular to women's and human
rights organizations, the Convention and its Optional Protocol, the
Committee's general recommendations, 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 in the twenty-first
century".
2. Combined initial, second and third
periodic reports
Estonia
71. The
Committee considered the combined initial, second and third
periodic reports of Estonia (CEDAW/C/EST/1-3) at its 539th, 540th
and 548th meetings, on 23 and 29 January 2002 (see CEDAW/C/SR.539,
540 and 548).
(a) Introduction by the State party
72. In
introducing the report, the representative indicated that the
Estonian women's movement had begun in the 1880s when the first
women's organizations were established; that the Women's Union,
founded in 1907, had spoken publicly about women's rights,
including equal pay for equal work, and that the first Estonian
Constitution in 1920 had granted women the right to vote. Women's
organizations became very active in the 1980s, and after the
independence of Estonia in 1991, several new women's organizations
were founded, and gender equality issues were readdressed in
connection with the Fourth World Conference on Women, held at
Beijing. An inter-ministerial committee had been established in
1996 for the promotion of gender equality, and included in its
priorities the creation and strengthening of national structures to
integrate the principle of gender equality; the analysis of the
compliance of Estonian legislation with international standards of
gender equality; a guarantee with regard to the availability of
gender-sensitive statistics; and the improvement of the situation
of women in the labour market and the increase of women's
participation in decision-making.
73. Gender
equality initiatives in Estonia were promoted by numerous
foreign-funded initiatives, including through research into the
economic and social situation of women and men, and contacts and
cooperation with women's rights advocates, other countries, in
particular the Nordic countries, and international and regional
organizations. In 1991, Estonia acceded to almost 30 of the most
important United Nations conventions. Owing to the speedy
ratification process and large-scale legal reforms, Estonia had
faced serious difficulties in presenting reports on the
implementation of the conventions in a timely manner, but a number
of reports had now been submitted. Estonia had ratified a number of
conventions of the International Labour Organization (ILO),
including convention No. 100 on equal remuneration, and, as a
member of the Council of Europe, had ratified the major instruments
dealing with human rights. In addition, as an applicant to the
European Union, Estonia had harmonized its national legislation
with European acquis in the area of labour. Since 1998,
measures promoting equality between women and men had formed part
of the Government's action plan, and the Government's National
Programme for the Adoption of the Acquis included
sub-chapters on equal treatment for women and men and on gender
equality.
74. The
representative indicated that the Estonian Constitution guaranteed
equal rights to everyone, and the rights of women had been
addressed in several Estonian laws. The draft Gender Equality Act,
which had been submitted to the Estonian Parliament at the end of
2001, inter alia, explicitly prohibited direct discrimination;
provided measures against indirect discrimination; and obliged
employers to promote equality between women and men. The
representative informed the Committee that the Legal Chancellor's
Office was responsible for supervising the activities of the State,
including the enjoyment of the guarantee of constitutional rights
and freedoms, and no petitions concerning violations of women's
rights had so far been filed with that office. The Gender Equality
Bureau in the Ministry of Social Affairs coordinated the
mainstreaming of gender equality; monitored the legislative process
in terms of gender impact; and organized the preparation of
national gender promotion action plans.
75. The
representative indicated that continuous attention had been given
to increasing public awareness of gender issues and a number of
gender training programmes had been implemented. The engagement of
civil society in gender equality matters was welcomed, and Estonian
women's non-governmental organizations, whose numbers had
dramatically increased during the past decade, were in the process
of consolidation, including through the formation of regional round
tables. In 2001, the Government allocated for the first time
financial resources to support women's round-table activities and
networking.
76. The
representative indicated that, while the representation of women in
decision-making positions should be greater, positive changes had
taken place. Gender equality had been incorporated into the
platforms of several political parties; the representation of women
in Parliament and in local authorities had increased in the 1999
elections; and the Government that was currently being formed would
include five women ministers. Women made up approximately two
thirds of all part-time workers; there was a high degree of
horizontal and vertical employment segregation between women and
men; and women's average wages had been approximately one quarter
less than men's wages. The Wages Act guaranteed equal pay and
prohibited discrimination on the grounds of sex with regard to
remuneration, but the relatively high unemployment rate had caused
women to seek employment in the informal sector, where they were
underpaid and lacked social security. A number of measures had been
taken to address the situation, including joint controls and
supervision visits to companies by the Labour Inspectorate and
other authorities. The National Employment Action Plan for 2002
promoted employment creation and equal opportunities and included
as one of its components strengthening equal opportunities for
women and men, and under the Employment Action Plan, strategies in
the period 2001-2003 would be devised to integrate gender equality
into the areas of employment and occupational life. Strengthening
of the policy to guarantee equal opportunities for women and men
was also one of the priority activities. The representative
informed the Committee about measures taken to promote women
entrepreneurs, particularly in rural areas.
77. The
representative indicated that the health of Estonian women and
children had improved significantly; information concerning
reproductive health had become more available; and a programme on
reproductive health for the period 2000-2009 had begun in 1999. The
number of abortions was still high, but it had dropped in past
years. The country was facing new problems, such as HIV/AIDS, and
preventive and educational measures had been introduced to address
HIV/AIDS and other sexually transmitted diseases. Significant
improvements in combating violence against women had occurred,
including the creation of a sociological database of the scale and
scope of violence against women; and a large-scale project aimed at
elaborating cooperation between the police and social workers in
respect of prevention activities and assistance to victims. A
government action plan for mitigation and prevention of violence
against women was being formulated and included as objectives
convincing the public of the danger of violence against women;
improving legislation; raising the capacity of police; introducing
a victim-centred approach; and increasing inter-agency
cooperation.
78. Rights and
benefits related to raising children were now equally directed at
mothers and fathers, and the new Holidays Act, inter alia, entitled
fathers to leave for 14 calendar days during the mother's pregnancy
and maternity leave.
79. In closing,
the representative informed the Committee that significant progress
had been made to improve the position of women in Estonian society,
but that efforts still had to be taken to further the full-scale
implementation of the Convention. However, the Government was
committed to continuing this work.
(b) Concluding comments of the
Committee
Introduction
80. The
Committee expresses its appreciation to the Government of Estonia
for submitting its initial, second and third periodic report, and
encourages the Government to present its next report in a timely
manner. The report generally follows the guidelines of the
Committee and contains some statistical data disaggregated by sex.
The Committee also appreciates the delegation's willingness to
engage in a frank and constructive dialogue with the Committee. The
Committee also commends the State party's efforts to produce, in a
short period of time, qualitative and informative responses to the
oral questions posed by the Committee.
Positive aspects
81. The
Committee notes with satisfaction that the Convention is
incorporated into Estonian law and has precedence over conflicting
national legislation, and that de jure equality is becoming a
reality in Estonia. Furthermore, the Committee notes with
appreciation the efforts undertaken to improve the situation of
women and the achievement of gender equality, particularly
considering the recent independence and restructuring of the
country.
82. The
Committee commends the State party on Estonia's high level of
education, stressing in particular the situation of women in higher
education, increasingly in non-traditional areas. The Committee
also notes the measures adopted to promote women entrepreneurs and
the progressive achievements in this area.
83. The
Committee also notes with appreciation the comprehensive
legislation and benefits for maternity and paternity protection, as
well as projects addressing children's health and the
breast-feeding programmes.
84. The
Committee notes with satisfaction that the State party recognizes
the important role of the increasing number of non-governmental
organizations working on women's issues, in particular in the rural
sector and with respect to women's political participation.
85. The
Committee commends the work undertaken in awareness-raising on
equality, pursued with public officials in ministries and
government agencies and other social actors, and the gradually
increasing role played by the media encouraged by the State party
in changing sex-role stereotypes. It also notes with satisfaction
the efforts made by the State party to collect and disseminate all
statistical data disaggregated by sex, as well as training provided
in this regard.
Factors and difficulties affecting the implementation of the
Convention
86. The
Committee notes that the economic transition, from a centrally
planned economy to a market economy, in the last decade has posed
serious challenges to the effective implementation of the
Convention, and that the restructuring processes have
disproportionately affected women. The Committee also notes that
the resurgence of traditional views regarding gender roles also
constitutes an obstacle to the implementation of the
Convention.
Principal areas of concern and recommendations
87. The
Committee expresses its concern that, although the Constitution
recognizes that everyone is equal before the law and contains a
prohibition of discrimination on the ground of sex, Estonian law
does not contain a specific definition of discrimination against
women modelled on article 1 of the Convention, which prohibits both
direct and indirect discrimination.
88. The
Committee urges the State party to include the definition of
discrimination against women in its Constitution and national
legislation. It recommends the adoption of the draft Gender
Equality Act containing provisions to allow the adoption of
temporary special measures in accordance with article 4, paragraph
1, of the Convention. It requests the State party 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.
89. While
welcoming the fact that, in accordance with articles 3 and 123 of
the Constitution, the Convention is integrated into domestic
legislation and takes precedence over such legislation, the
Committee is concerned that there is still a lack of familiarity
with the Convention among the judiciary, law enforcement agents and
women themselves about the opportunities for the application of the
Convention in domestic decision-making.
90.
Acknowledging the effort already made with regard to human
rights education, including on the human rights of women, and the
transparency and participatory nature of the law-making process,
the Committee recommends a review of law school curricula and the
development of continuing education programmes for judges and
lawyers that include the application of the Convention at the
domestic level. It also recommends that awareness-raising campaigns
addressed to women be undertaken to allow them to avail themselves
of the legal remedies that assist them. It invites the State party
to provide, in its next report, information about complaints filed
in courts based on the Convention, as well as about any court
decisions that referred to the Convention.
91. The
Committee expresses its concern that the existing national
mechanism for the advancement of women, the Gender Equality Bureau,
a sub-unit of the Ministry of Social Affairs, although tasked with
the responsibility of mainstreaming gender equality, does not have
sufficient strength, visibility or human and financial resources to
promote effectively the advancement of women and gender equality.
The Committee also expresses its concern about the insufficient
overall integrated policy of gender mainstreaming.
92. The
Committee recommends that the State party strengthen the existing
national machinery in order to give it more visibility and
effectiveness, as well as review its mandate to carry out
effectively the mainstreaming of a gender perspective in all
policies. It also recommends that the State party reassess the
capacity of the national machinery, provide it with adequate human
and financial resources at all levels and foster more effective
coordination among the existing mechanisms for the advancement of
women and the promotion of gender equality.
93. The
Committee is concerned that a clear understanding of temporary
special measures according to article 4, paragraph 1, of the
Convention, as well as the reason for their application, seems to
be lacking in large parts of Estonian society and in public
administration.
94. The
Committee recommends that the State party raise public awareness
about the importance of such measures in accelerating the process
of gender equality. It also recommends that the State party
introduce temporary special measures, inter alia, in the
educational, employment, professional and political fields,
including through encouragement to pursue disciplines and areas of
work and of political intervention in which one sex is
underrepresented. Such provisions should be designed with
measurable goals, targets or quotas and time lines to allow their
effective monitoring.
95. The
Committee is concerned about the resurgence and persistence of
traditional stereotypes regarding the role of men and women in the
family, and in society at large. The Committee is also concerned
about the lack of targeted educational programmes, mass media
campaigns and temporary special measures to eliminate these
stereotypes.
96. The
Committee urges the State party to design and implement
comprehensive programmes in the educational system and to encourage
the mass media to promote cultural changes with regard to the roles
and tasks attributed to women and men, as required by article 5 of
the Convention. It recommends that legislation be enacted and
policies adopted to cover not only the prohibition of
discrimination against women but also of the more subtle
utilization of and support for traditional sex role stereotypes in
the family, in employment, in politics and in society.
97. While
recognizing the efforts made by the State party to combat violence
against women, especially domestic violence and the creation, with
the collaboration of non-governmental organizations, of a database
on the scope and scale of violence in Estonia, as well as the
training of police officials and medical workers and specialists
engaged in the victim support system, the Committee expresses its
concern about the high incidence of violence against women and
girls, including domestic violence.
98. The
Committee urges the State party to place high priority on
comprehensive measures to address violence against women in the
family and in society, and to recognize that such violence,
including domestic violence, constitutes a violation of the human
rights of women under the Convention. In the light of its general
recommendation 19 on violence against women, the Committee calls
upon the State party to ensure that such violence constitutes a
crime punishable under criminal law, that it is prosecuted and
punished with the required severity and speed, and that women
victims of violence have immediate means of redress and protection.
It recommends that measures be taken to ensure that public
officials, especially law enforcement officials, the judiciary, the
medical profession and social workers, are fully sensitized to all
forms of violence against women. The Committee invites the State
party to undertake awareness-raising measures, including a campaign
of zero tolerance, to make such violence socially and morally
unacceptable. It recommends the introduction of a specific law
prohibiting domestic violence against women, which would provide
for protection and exclusion orders and access to legal aid. The
Committee also urges the State party to amend the Criminal Code in
order explicitly to define the offence of rape as sexual
intercourse without consent.
99. The
Committee notes with concern that sexual intercourse with a girl
only up to 14 years of age is considered to be rape, and Estonian
law permits the marriage of a girl between the ages of 15 and 18 in
exceptional circumstances, such as pregnancy.
100. The Committee
recommends that the State party amends its law on statutory rape
and bring its law on early marriage into conformity with article
16, paragraph 2, of the Convention, and its own policies on the
reproductive health of women and girls. It urges the State party to
develop preventive welfare programmes to address the problem of
teenage pregnancy.
101. Recognizing the efforts
made by the State party to address the issue of trafficking of
women and girls, the Committee notes with concern that the size of
the problem is not reflected in the information provided. It also
notes with concern that there is still not enough information on
the subject or a comprehensive policy to address the problem, nor
is there any distinct legislation regarding trafficking in women
and the punishment of traffickers.
102. Welcoming the
campaign against trafficking in women to be carried out in 2002,
the Committee urges the State party to include in its next report
more information and data on this situation and on progress made in
that area. It urges the State party to adopt and implement distinct
legislation on trafficking and that it increase its collaboration
with other countries of origin, transit and destination of
trafficked women and girls and to report on the results of such
collaboration. It also recommends the creation of social support
and reintegration programmes for victims of prostitution and
trafficking.
103. While welcoming the
information that the new Government will have 5 women ministers out
of 14 Cabinet posts, including in portfolios traditionally held by
men, the Committee expresses its concern at the low representation
of women in decision-making bodies in the various areas and levels
of political and public life.
104. The Committee
recommends that the State party utilize temporary special measures
in accordance with article 4.1 of the Convention to increase the
number of women in decision-making levels in governmental bodies,
and State-owned enterprises. It also recommends that the State
party strengthen its efforts in offering or supporting special
training programmes for current and future women leaders and
conduct, on a regular basis, awareness-raising campaigns regarding
the importance of women's participation in political
decision-making.
105. While noting with
appreciation the high level of education among women, the Committee
expresses its concern at the continuing gender disparities
regarding the educational options of boys and girls, as well as the
fact that this high level of education does not result in the
elimination of the wage differential between men and women, in
particular the gap between female- and male-dominated sectors of
employment. It also expresses concern at the indirect
discrimination in the recruitment, promotion and dismissal of
women.
106. The Committee
encourages the State party to analyse the lack of correlation
between the high level of educational attainments of women and
their income levels. It recommends the introduction of measures,
including through the use of temporary special measures, to
accelerate the representation of women at all levels of
decision-making in educational institutions and economic life. It
urges the State party to continue to review and reform the
curricula and 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.
107. The Committee notes
with concern that the position of women in the labour market is
characterized by discrimination and by a strong occupational
segregation with a concomitant wage differential. The Committee is
also concerned at the situation of young women who face additional
difficulties in the labour market owing to the domestic and family
responsibilities assigned to them, placing them in a vulnerable
position and leading to a higher incidence in part-time or
temporary work among them.
108. The Committee
recommends that efforts be made to eliminate occupational
segregation through the adoption of the new Employment Contracts
Act under preparation, as well as through efforts in education,
training and retraining. There should be additional wage increases
in female-dominated sectors of public employment to decrease the
wage differential in comparison with male-dominated sectors. The
Committee requests information in the next report on the
implementation of the amendments to the Wages Act, which guarantees
equal pay for equal work or work of equal value. It also recommends
that effective measures allowing for the reconciliation between
family and professional responsibilities be envisaged and that the
sharing of domestic and family tasks between women and men be
encouraged.
109. The Committee is
concerned at the increase of poverty among various groups of women,
in particular of those who are heads of household and those with
small children.
110. The Committee
recommends that the State party closely monitor the poverty
situation of women within the most vulnerable groups and implement
effective poverty alleviation programmes, taking into consideration
the gender aspects of poverty.
111. While recognizing some
improvements in the area of health, after a deterioration of the
situation in the years following independence, the Committee is
concerned with the increase of tuberculosis, sexually transmitted
diseases and HIV, as well as with high suicide rates among women.
The Committee notes with concern the high rate of abortion among
women and the significance of this fact with regard to effective
access to family planning methods, including contraceptives,
especially among women in rural areas and low incomes.
112. The Committee draws
attention to its general recommendation 24 on women and health and
recommends that comprehensive research be undertaken into the
specific health needs of women, including reproductive health, the
financial and organizational strengthening of family planning
programmes addressed to women and men and the provision of wide
access to contraceptives for all women. The Committee urges the
State party to reinforce programmes on sexual education for both
girls and boys in order to foster responsible sexual behaviour. It
also recommends that structures be established aimed at addressing
the mental health problems faced by women, as well as those areas
where negative developments have occurred.
113. The Committee expresses
its concern that the report does not contain sufficient information
on the situation of rural women, including older rural women,
including with regard to their cash income, social security, access
to free health-care services and social and cultural opportunities.
It also expresses concern at the situation of women spouses in
family business, whose work is not reflected in official
statistics.
114. The Committee
requests the State party to provide more information and data on
the situation of rural women in its next periodic report. The
Committee recommends that the State party monitor existing
programmes and develop comprehensive policies and programmes aimed
at the economic empowerment of rural women, ensuring their access
to training, productive resources and capital, as well as to
health-care services, social security and to social and cultural
opportunities.
115. The Committee urges
the State party to accept the amendment to article 20, paragraph 1,
of the Convention, concerning the meeting time of the
Committee.
116. The Committee also
urges the State party to ratify the Optional Protocol to the
Convention.
117. The Committee
requests that the State party respond in its next periodic report
to the specific issues raised in these concluding comments. It also
requests that the report address the general recommendations of the
Committee and provide information on the impact of legislation,
policies and programmes to implement the Convention.
118. The Committee
requests the State party to disseminate widely the present
concluding comments in Estonia and to support their public
discussion, in order to make politicians and government
administrators, women's non-governmental organizations and the
public at large aware of the steps required to ensure de jure and
de facto equality for women. It also requests the State party to
continue to disseminate widely, in particular to women's and human
rights organizations, the Convention and its Optional Protocol, the
Committee's general recommendations, 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".
Trinidad and Tobago
119. The Committee
considered the combined initial, second and third periodic report
of Trinidad and Tobago (CEDAW/C/TTO/1-3) at its 536th and 537th
meetings, on 21 January, and its 547th meeting on 29 January 2002
(see CEDAW/C/SR.536, 537 and 547).
(a) Introduction by the State party
120. In introducing the
combined initial, second and third report, the representative of
Trinidad and Tobago regretted that, despite its efforts, the
Government had fallen behind in its reporting obligations under
article 18 of the Convention and had not submitted its report until
January 2001.
121. A significant reason
for the delay in submitting the report had been that no mechanism
existed to deal with reporting under international human rights
treaties and insufficient resources had been allocated for that
purpose. In 1999, a Human Rights Unit was created within the
Ministry of the Attorney-General for the preparation of reports
required under international instruments. In order to assist the
Unit, a Human Rights Committee, comprising representatives of some
13 ministries of the Government and one representative from the
Tobago House of Assembly, had been established.
122. Upon the completion of
the report, the Attorney-General tabled it before Parliament,
outlining its content and the significance of the Convention. The
report had been widely distributed, including to Government
ministries, secondary schools, non-governmental and community-based
organizations, international human rights organizations and public
libraries.
123. By its accession to the
Convention on the Elimination of All Forms of Discrimination
against Women, the Government of Trinidad and Tobago had expressed
its commitment to the global struggle to eliminate discrimination
faced by women and to the promotion of their enjoyment of civil,
political, economic, social and cultural rights. Encouraged by the
review of its implementation by the General Assembly in 2000, the
Government had also pledged itself to implement the actions
identified in the Beijing Platform for Action. Non-governmental and
community-based women's organizations assisted the Government in
the implementation of the Convention. The Ministry of Community
Development and Gender Affairs sought to address all forms of
gender i
