[Original:

English/French/Spanish][12 April 1994]

CONTENTS
Chapter

Paragraphs

Page

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

vi

I.

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

1A.

General recommendation 21 ....................................

1

B.

Suggestions ..................................................

10

Suggestion 5 .................................................

10

Suggestion 6 .................................................

10

Other matters ................................................

12

1.

Reservations to the Convention ...........................

122.

Adequate meeting time to consider reports of States
parties ..................................................

14

Overdue reports ..........................................

14

C.

3.
II.

III.

IV.

ORGANIZATIONAL AND OTHER MATTERS .....................

1 - 2916

A.

States parties to the Convention .................

1 - 2

16

B.

Opening of the session ...........................

3 - 8

16

C.

Membership and attendance ........................

9

17

D.

Adoption of the agenda ...........................

10

17

E.

Report of the pre-session working group ..........

11 - 21

17

F.

Organization of work .............................

22

19

G.

Composition and organization of work of theworking groups ...................................

23 - 29

19

REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE ............................................

30 - 35

21

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIESUNDER ARTICLE 18 OF THE CONVENTION ...................

36 - 776

23

A.

Introduction .....................................

36 - 37

23

B.

Consideration of reports .........................

38 - 776

23

-iii-

CONTENTS (continued)
Chapter

Paragraphs

Page

Initial reports ..............................

38 - 368

23

Guatemala ....................................

38 - 87

23

Guyana .......................................

88 - 12531

Libyan Arab Jamahiriya .......................

126 - 185

38

Madagascar ...................................

186 - 244

45

Netherlands ..................................

245 - 317

53

Zambia .......................................

318 - 368

63

Second and third periodic reports ............

369 - 728

71

Australia ....................................

370 - 412

72

Barbados .....................................

413 - 449

80

Colombia .....................................

450 - 498

86

Ecuador ......................................

499 - 545

94

Japan ........................................

546 - 607

101

New Zealand ..................................

608 - 665

111

Senegal ......................................

666 - 728

120

Reports submitted on an exceptional basis ....

729 - 776

128

Bosnia and Herzegovina .......................

732 - 757

128

Federal Republic of Yugoslavia (Serbia andMontenegro) ..................................

758 - 776

133

IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION .......

777 - 783

139

Action taken by the Committee on the report of Working
Group II .............................................

779 - 783

139

WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE

784 - 823

140

Action taken by the Committee on the report ofWorking Group I ..................................

805 - 821

143

Plan of activities of the Centre for Human Rightsof the United Nations Secretariat ................

822

145

Feasibility of preparing an optional protocol to
the Convention ...................................

823

145

1.

2.

3.

V.

VI.

A.

B.

C.

-iv-

CONTENTS
ChapterVII.

Paragraphs

Page

CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONALCONFERENCES ..........................................

824 - 840

146

A.

Fourth World Conference on Women .................

824 - 830

146

B.

International Conference on Population andDevelopment ......................................

831

149

World Summit for Social Development ..............

832 - 840

149

PROVISIONAL AGENDA FOR THE FOURTEENTH SESSION OF THE
COMMITTEE ............................................

841 - 843

151

ADOPTION OF THE REPORT ...............................

844

153

C.
VIII.

IX.

AnnexesI.

States parties to the Convention on the Elimination of All Formsof Discrimination against Women as at 4 February 1994 ............

154

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

158

III.

Documents before the Committee at its thirteenth session .........

159

IV.

Status of submission and consideration of reports submitted by
States parties under article 18 of the Convention on the
Elimination of All Forms of Discrimination against Women as at
4 February 1994 ..................................................

161

A.

Initial reports ..............................................

161

B.

Second periodic reports ......................................

167

C.

Third periodic reports .......................................

171

D.

Reports submitted on an exceptional basis ....................

174

II.

-v-

LETTER OF TRANSMITTAL

4 February 1994
Sir,
I have the honour to refer to article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women, according to which theCommittee on the Elimination of Discrimination against Women, establishedpursuant to the Convention, "shall, through the Economic and Social Council,
report annually to the General Assembly of the United Nations on its
activities".
The Committee on the Elimination of Discrimination against Women held its
thirteenth session from 17 January to 4 February 1994 at United Nations
Headquarters. It adopted the report on that session at its 258th and259th meetings, on 4 February. The report is herewith submitted to you fortransmission to the General Assembly at its forty-ninth session.
Accept, Sir, the assurances of my highest consideration.

Ivanka CORTI
Chairperson
Committee on the Eliminationof Discrimination against Women(Signed)His Excellency Mr. Boutros Boutros-Ghali
Secretary-General of the United Nations
New York

-vi-

I.

MATTERS BROUGHT TO THE ATTENTION OF STATES PARTIESA.

General recommendation 21 (thirteenth session)
Equality in marriage and family relations

1.
The Convention on the Elimination of All Forms of Discrimination against
Women (General Assembly resolution 34/180, annex) affirms the equality of humanrights for women and men in society and in the family. The Convention has animportant place among international treaties concerned with human rights.
2.
Other conventions and declarations also confer great significance on thefamily and woman’s status within it. These include the Universal Declaration of
Human Rights (General Assembly resolution 217/A (III)), the International
Covenant on Civil and Political Rights (resolution 2200 A (XXI), annex), theConvention on the Nationality of Married Women (resolution 1040 (XI), annex),
the Convention on Consent to Marriage, Minimum Age for Marriage and Registrationof Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation
thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for
the Advancement of Women. 1/
3.
The Convention on the Elimination of All Forms of Discrimination against
Women recalls the inalienable rights of women which are already embodied in theabove-mentioned conventions and declarations, but it goes further by recognizing
the importance of culture and tradition in shaping the thinking and behaviour of
men and women and the significant part they play in restricting the exercise ofbasic rights by women.
Background4.
The year 1994 has been designated by the General Assembly in its resolution
44/82 as the International Year of the Family. The Committee wishes to take theopportunity to stress the significance of compliance with women’s basic rights
within the family as one of the measures which will support and encourage thenational celebrations that will take place.
5.
Having chosen in this way to mark the International Year of the Family, theCommittee wishes to analyse three articles in the Convention that have special
significance for the status of women in the family:

Article 91.
States parties shall grant women equal rights with men toacquire, change or retain their nationality. They shall ensure inparticular that neither marriage to an alien nor change of nationality by
the husband during marriage shall automatically change the nationality of
the wife, render her stateless or force upon her the nationality of thehusband.
2.
States parties shall grant women equal rights with men withrespect to the nationality of their children.

-vii-

Comment
6.
Nationality is critical to full participation in society. In general,
States confer nationality on those who are born in that country. Nationality
can also be acquired by reason of settlement or granted for humanitarian reasons
such as statelessness. Without status as nationals or citizens, women are
deprived of the right to vote or to stand for public office and may be denied
access to public benefits and a choice of residence. Nationality should becapable of change by an adult woman and should not be arbitrarily removed
because of marriage or dissolution of marriage or because her husband or fatherchanges his nationality.

Article 15
1.

States parties shall accord to women equality with men before thelaw.
2.
States parties shall accord to women, in civil matters, a legal
capacity identical to that of men and the same opportunities to exercisethat capacity. In particular, they shall give women equal rights toconclude contracts and to administer property and shall treat them equallyin all stages of procedure in courts and tribunals.
3.
States parties agree that all contracts and all other private
instruments of any kind with a legal effect which is directed at
restricting the legal capacity of women shall be deemed null and void.
4.
States parties shall accord to men and women the same rights withregard to the law relating to the movement of persons and the freedom tochoose their residence and domicile.
Comment
7.
When a woman cannot enter into a contract at all, or have access tofinancial credit, or can do so only with her husband’s or a male relative’s
concurrence or guarantee, she is denied legal autonomy. Any such restriction
prevents her from holding property as the sole owner and precludes her from thelegal management of her own business or from entering into any other form ofcontract. Such restrictions seriously limit the woman’s ability to provide forherself and her dependents.
8.
A woman’s right to bring litigation is limited in some countries by law orby her access to legal advice and her ability to seek redress from the courts.
In others, her status as a witness or her evidence is accorded less respect orweight than that of a man. Such laws or customs limit the woman’s righteffectively to pursue or retain her equal share of property and diminish herstanding as an independent, responsible and valued member of her community.
When countries limit a woman’s legal capacity by their laws, or permit
individuals or institutions to do the same, they are denying women their rights
to be equal with men and restricting women’s ability to provide for themselves
and their dependents.
9.
Domicile is a concept in common law countries referring to the country inwhich a person intends to reside and to whose jurisdiction she will submit.
Domicile is originally acquired by a child through its parents but, in
adulthood, denotes the country in which a person normally resides and in which-viii-

she intends to reside permanently. As in the case of nationality, theexamination of States parties’ reports demonstrates that a woman will not always
be permitted at law to choose her own domicile. Domicile, like nationality,
should be capable of change at will by an adult woman regardless of her marital
status. Any restrictions on a woman’s right to choose a domicile on the same
basis as a man may limit her access to the courts in the country in which she
lives or prevent her from entering and leaving a country freely and in her own
right.
10. Migrant women who live and work temporarily in another country should bepermitted the same rights as men to have their spouses, partners and children
join them.

Article 16
1.
States parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relations and in particular shall ensure, on a basis of equality of men andwomen:(a)

The same right to enter into marriage;(b) The same right freely to choose a spouse and to enter into
marriage only with their free and full consent;(c) The same rights and responsibilities during marriage and at its
dissolution;(d) The same rights and responsibilities as parents, irrespective of
their marital status, in matters relating to their children; in all cases
the interests of the children shall be paramount;(e) The same rights to decide freely and responsibly on the number
and spacing of their children and to have access to the information,
education and means to enable them to exercise these rights;(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions
where these concepts exist in national legislation; in all cases theinterests of the children shall be paramount;(g) The same personal rights as husband and wife, including the rightto choose a family name, a profession and an occupation;(h) The same rights for both spouses in respect of the ownership,acquisition, management, administration, enjoyment and disposition ofproperty, whether free of charge or for a valuable consideration.
2.
The betrothal and the marriage of a child shall have no legal
effect, and all necessary action, including legislation, shall be taken to
specify a minimum age for marriage and to make the registration of
marriages in an official registry compulsory.

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Comment
Public and private life
11. Historically, human activity in public and private life has been viewed
differently and regulated accordingly. In all societies women who havetraditionally performed their roles in the private or domestic sphere have long
had those activities treated as inferior.
12. As such activities are invaluable for the survival of society, there can be
no justification for applying different and discriminatory laws or customs tothem. Reports of States parties disclose that there are still countries wherede jure equality does not exist. Women are thereby prevented from having equal
access to resources and from enjoying equality of status in the family andsociety. Even where de jure equality exists, all societies assign different
roles, which are regarded as inferior, to women. In this way, principles ofjustice and equality contained in particular in article 16 and also inarticles 2, 5 and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to State, and evenbetween regions within a State. Whatever form it takes, and whatever the legal
system, religion, custom or tradition within the country, the treatment of womenin the family both at law and in private must accord with the principles of
equality and justice for all people, as article 2 of the Convention requires.
Polygamous marriages
14. States parties’ reports also disclose that polygamy is practised in a
number of countries. Polygamous marriage contravenes a woman’s right toequality with men, and can have such serious emotional and financial
consequences for her and her dependents that such marriages ought to bediscouraged and prohibited. The Committee notes with concern that some States
parties, whose constitutions guarantee equal rights, permit polygamous marriage
in accordance with personal or customary law. This violates the constitutionalrights of women, and breaches the provisions of article 5 (a) of the Convention.

Article 16 (1) (a) and (b)15. While most countries report that national constitutions and laws comply
with the Convention, custom, tradition and failure to enforce these laws inreality contravene the Convention.
16. A woman’s right to choose a spouse and enter freely into marriage iscentral to her life and to her dignity and equality as a human being. An
examination of States parties’ reports discloses that there are countries which,on the basis of custom, religious beliefs or the ethnic origins of particulargroups of people, permit forced marriages or remarriages. Other countries allow
a woman’s marriage to be arranged for payment or preferment and in others
women’s poverty forces them to marry foreign nationals for financial security.
Subject to reasonable restrictions based for example on a woman’s youth orconsanguinity with her partner, a woman’s right to choose when, if, and whom she
will marry must be protected and enforced at law.

-x-Article 16 (1) (c)17. An examination of States parties’ reports discloses that many countries intheir legal systems provide for the rights and responsibilities of married
partners by relying on the application of common law principles, religious orcustomary law, rather than by complying with the principles contained in theConvention. These variations in law and practice relating to marriage havewide-ranging consequences for women, invariably restricting their rights toequal status and responsibility within marriage. Such limitations often resultin the husband being accorded the status of head of household and primarydecision maker and therefore contravene the provisions of the Convention.
18. Moreover, generally a de facto union is not given legal protection at all.
Women living in such relationships should have their equality of status with men
both in family life and in the sharing of income and assets protected by law.
Such women should share equal rights and responsibilities with men for the careand raising of dependent children or family members.

Article 16 (1) (d) and (f)19. As provided in article 5 (b), most States recognize the shared
responsibility of parents for the care, protection and maintenance of children.
The principle that "the best interests of the child shall be the paramountconsideration", has been included in the Convention on the Rights of the Child(General Assembly resolution 44/25, annex) and seems now to be universally
accepted. However, in practice, some countries do not observe the principle ofgranting the parents of children equal status, particularly when they are notmarried. The children of such unions do not always enjoy the same status as
those born in wedlock and, where the mothers are divorced or living apart, many
fathers fail to share the responsibility of care, protection and maintenance of
their children.
20. The shared rights and responsibilities enunciated in the Convention should
be enforced at law and as appropriate through legal concepts of guardianship,
wardship, trusteeship and adoption. States parties should ensure that by theirlaws both parents, regardless of their marital status and whether they live with
their children or not, share equal rights and responsibilities for theirchildren.

Article 16 (1) (e)21. The responsibilities that women have to bear and raise children affecttheir right of access to education, employment and other activities related totheir personal development. They also impose inequitable burdens of work on
women. The number and spacing of their children have a similar impact on
women’s lives and also affect their physical and mental health, as well as thatof their children. For these reasons, women are entitled to decide on thenumber and spacing of their children.
22. Some reports disclose coercive practices which have serious consequences
for women, such as forced pregnancies, abortions or sterilization. Decisions tohave children or not, while preferably made in consultation with spouse orpartner, must not nevertheless be limited by spouse, parent, partner orGovernment. In order to make an informed decision about safe and reliable
contraceptive measures, women must have information about contraceptive measures-xi-and their use, and guaranteed access to sex education and family planning
services, as provided in article 10 (h) of the Convention.
23. There is general agreement that where there are freely available
appropriate measures for the voluntary regulation of fertility, the health,development and well-being of all members of the family improves. Moreover,such services improve the general quality of life and health of the population,and the voluntary regulation of population growth helps preserve the environment
and achieve sustainable economic and social development.

Article 16 (1) (g)24. A stable family is one which is based on principles of equity, justice andindividual fulfilment for each member. Each partner must therefore have theright to choose a profession or employment that is best suited to his or her
abilities, qualifications and aspirations, as provided in article 11 (a) and (c)of the Convention. Moreover, each partner should have the right to choose hisor her name, thereby preserving individuality and identity in the community anddistinguishing that person from other members of society. When by law or custom
a woman is obliged to change her name on marriage or at its dissolution, she isdenied these rights.

Article 16 (1) (h)25. The rights provided in this article overlap with and complement those inarticle 15 (2) in which an obligation is placed on States to give women equal
rights to enter into and conclude contracts and to administer property.
26. Article 15 (1) guarantees women equality with men before the law. The
right to own, manage, enjoy and dispose of property is central to a woman’s
right to enjoy financial independence, and in many countries will be critical toher ability to earn a livelihood and to provide adequate housing and nutrition
for herself and for her family.
27. In countries that are undergoing a programme of agrarian reform or
redistribution of land among groups of different ethnic origins, the right ofwomen, regardless of marital status, to share such redistributed land on equalterms with men should be carefully observed.
28. In most countries, a significant proportion of the women are single or
divorced and many have the sole responsibility to support a family. Any
discrimination in the division of property that rests on the premise that the
man alone is responsible for the support of the women and children of his family
and that he can and will honourably discharge this responsibility is clearly
unrealistic. Consequently, any law or custom that grants men a right to agreater share of property at the end of a marriage or de facto relationship, oron the death of a relative, is discriminatory and will have a serious impact on
a woman’s practical ability to divorce her husband, to support herself or her
family and to live in dignity as an independent person.
29. All of these rights should be guaranteed regardless of a woman’s marital
status.

-xii-

Marital property
30. There are countries that do not acknowledge that right of women to own anequal share of the property with the husband during a marriage or de facto
relationship and when that marriage or relationship ends. Many countries
recognize that right, but the practical ability of women to exercise it may belimited by legal precedent or custom.
31. Even when these legal rights are vested in women, and the courts enforce
them, property owned by a woman during marriage or on divorce may be managed bya man. In many States, including those where there is a community-property
regime, there is no legal requirement that a woman be consulted when property
owned by the parties during marriage or de facto relationship is sold orotherwise disposed of. This limits the woman’s ability to control dispositionof the property or the income derived from it.
32. In some countries, on division of marital property, greater emphasis isplaced on financial contributions to property acquired during a marriage, andother contributions, such as raising children, caring for elderly relatives anddischarging household duties are diminished. Often, such contributions of anon-financial nature by the wife enable the husband to earn an income andincrease the assets. Financial and non-financial contributions should beaccorded the same weight.
33. In many countries, property accumulated during a de facto relationship is
not treated at law on the same basis as property acquired during marriage.
Invariably, if the relationship ends, the woman receives a significantly lower
share than her partner. Property laws and customs that discriminate in this way
against married or unmarried women with or without children should be revokedand discouraged.
Inheritance
34. Reports of States parties should include comment on the legal or customary
provisions relating to inheritance laws as they affect the status of women as
provided in the Convention and in Economic and Social Council resolution
884 D (XXXIV), in which the Council recommended that States ensure that men andwomen in the same degree of relationship to a deceased are entitled to equalshares in the estate and to equal rank in the order of succession. That
provision has not been generally implemented.
35. There are many countries where the law and practice concerning inheritanceand property result in serious discrimination against women. As a result of
this uneven treatment, women may receive a smaller share of the husband’s orfather’s property at his death than would widowers and sons. In some instances,
women are granted limited and controlled rights and receive income only from thedeceased’s property. Often inheritance rights for widows do not reflect the
principles of equal ownership of property acquired during marriage. Suchprovisions contravene the Convention and should be abolished.

Article 16 (2)36. In the Vienna Declaration and Programme of Action 2/ adopted by the World
Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are
urged to repeal existing laws and regulations and to remove customs andpractices which discriminate against and cause harm to the girl child.

-xiii-

Article 16 (2) and the provisions of the Convention on the Rights of the Childpreclude States parties from permitting or giving validity to a marriage between
persons who have not attained their majority. In the context of the Convention
on the Rights of the Child, "a child means every human being below the age ofeighteen years unless, under the law applicable to the child, majority is
attained earlier". Notwithstanding this definition, and bearing in mind theprovisions of the Vienna Declaration, the Committee considers that the minimum
age for marriage should be 18 years for both man and woman. When men and women
marry, they assume important responsibilities. Consequently, marriage should
not be permitted before they have attained full maturity and capacity to act.
According to the World Health Organization, when minors, particularly girls,
marry and have children, their health can be adversely affected and theireducation is impeded. As a result their economic autonomy is restricted.
37. This not only affects women personally but also limits the development of
their skills and independence and reduces access to employment, thereby
detrimentally affecting their families and communities.
38. Some countries provide for different ages for marriage for men and women.
As such provisions assume incorrectly that women have a different rate ofintellectual development from men, or that their stage of physical andintellectual development at marriage is immaterial, these provisions should be
abolished. In other countries, the betrothal of girls or undertakings by family
members on their behalf is permitted. Such measures contravene not only theConvention, but also a woman’s right freely to choose her partner.
39. States parties should also require the registration of all marriages
whether contracted civilly or according to custom or religious law. The State
can thereby ensure compliance with the Convention and establish equality between
partners, a minimum age for marriage, prohibition of bigamy and polygamy and theprotection of the rights of children.
Recommendations
Violence against women
40. In considering the place of women in family life, the Committee wishes tostress that the provisions of general recommendation 19 (eleventh session) 3/
concerning violence against women have great significance for women’s abilities
to enjoy rights and freedoms on an equal basis with men. States parties are
urged to comply with that general recommendation to ensure that, in both public
and family life, women will be free of the gender-based violence that so
seriously impedes their rights and freedoms as individuals.
Reservations
41. The Committee has noted with alarm the number of States parties which haveentered reservations to the whole or part of article 16, especially when areservation has also been entered to article 2, claiming that compliance may
conflict with a commonly held vision of the family based, inter alia, on
cultural or religious beliefs or on the country’s economic or political status.
42. Many of these countries hold a belief in the patriarchal structure of afamily which places a father, husband or son in a favourable position. In somecountries where fundamentalist or other extremist views or economic hardships
have encouraged a return to old values and traditions, women’s place in thefamily has deteriorated sharply. In others, where it has been recognized that a-xiv-modern society depends for its economic advance and for the general good of thecommunity on involving all adults equally, regardless of gender, these taboos
and reactionary or extremist ideas have progressively been discouraged.
43. Consistent with articles 2, 3 and 24 in particular, the Committee requiresthat all States parties gradually progress to a stage where, by its resolute
discouragement of notions of the inequality of women in the home, each country
will withdraw its reservation, in particular to articles 9, 15 and 16 of theConvention.
44. States parties should resolutely discourage any notions of inequality ofwomen and men which are affirmed by laws, or by religious or private law or bycustom, and progress to the stage where reservations, particularly toarticle 16, will be withdrawn.
45. The Committee noted, on the basis of its examination of initial andsubsequent periodic reports, that in some States parties to the Convention that
had ratified or acceded without reservation, certain laws, especially thosedealing with family, do not actually conform to the provisions of theConvention.
46. Their laws still contain many measures which discriminate against womenbased on norms, customs and socio-cultural prejudices. These States, because of
their specific situation regarding these articles, make it difficult for theCommittee to evaluate and understand the status of women.
47. The Committee, in particular on the basis of articles 1 and 2 of theConvention, requests that those States parties make the necessary efforts to
examine the de facto situation relating to the issues and to introduce therequired measures in their national legislations still containing provisions
discriminatory to women.
Reports
48. Assisted by the comments in the present general recommendation, in theirreports States parties should:(a) Indicate the stage that has been reached in the country’s progress toremoval of all reservations to the Convention, in particular reservations toarticle 16;(b) Set out whether their laws comply with the principles of articles 9,15 and 16 and where, by reason of religious or private law or custom, compliancewith the law or with the Convention is impeded.
Legislation
49. States parties should, where necessary to comply with the Convention, inparticular in order to comply with articles 9, 15 and 16, enact and enforce
legislation.
Encouraging compliance with the Convention
50. Assisted by the comments in the present general recommendation, and as
required by articles 2, 3 and 24, States parties should introduce measuresdirected at encouraging full compliance with the principles of the Convention,-xv-

particularly where religious or private law or custom conflict with thoseprinciples.

B.
Suggestion 5.

Suggestions

Feasibility of preparing an optional protocol
to the Convention

The Committee notes that the World Conference on Human Rights recommended:"New procedures should also be adopted to strengthen implementation of thecommitment to women's equality and the human rights of women. The
Commission on the Status of Women and the Committee on the Elimination ofDiscrimination against Women should quickly examine the possibility of
introducing the right of petition through the preparation of an optional
protocol to the Convention on the Elimination of All Forms ofDiscrimination against Women." 4/and on the basis of its discussion, it suggests:(1) That the Commission on the Status of Women request the SecretaryGeneral of the United Nations to convene an expert group meeting to prepare a
draft optional protocol to the Convention on the Elimination of All Forms ofDiscrimination against Women providing for a complaints procedure. The expert
group should be composed of 5 to 10 independent experts with a knowledge of thedifferent forms of civilization and the principal legal systems and a knowledgeof international law and the experience of the other human rights treaty bodies,in the preparation and operation of optimal protocols.
(2) The expert group meeting should be convened during 1994. Upon thenomination of the experts by the Secretary-General, the secretariat of theDivision for the Advancement of Women should seek written suggestions from theindependent experts as to the elements which the optional protocol should
comprise. The secretariat should, from those suggestions, compile a working
document, which should be circulated to the experts prior to their meeting.
(3) The Chairperson should designate one of the members to participate in
the preliminary exchange of suggestions and in the compilation of the working
document. That member should also participate in the expert group meeting.
(4) The report on the expert group meeting should be presented first to
the Committee on the Elimination of Discrimination against Women for its commentand then to the Commission on the Status of Women for action.

Suggestion 6.

International Conference on Population
and Development

The Committee on the Elimination of Discrimination against Women,
Bearing in mind that the Charter of the United Nations reaffirms faith infundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women,
Recalling that the Convention on the Elimination of All Forms ofDiscrimination against Women states that the full and complete development of a-xvi-

country, the welfare of the world and the cause of peace require the maximum
participation of women on equal terms with men in all fields,
Recalling also that the International Conference on Population andDevelopment, to be held at Cairo from 5 to 13 September 1994, is being held at atime when profound political, economic, social and cultural changes are taking
place and when it is being recognized that the role of both men and women is thecentral force in sustainable development, that women constitute the majority of
the world population and that the interdependence of their status with economic
growth, the elimination of poverty, sustainable development and population
issues,Noting that in the Vienna Declaration and Programme of Action adopted by
the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, itis stated that the human rights of women and of the girl child are an
inalienable, integral and indivisible part of universal human rights and thatthe full and equal participation of women in political, civil, economic, socialand cultural life, at the national, regional and international levels, and theeradication of all forms of discrimination on grounds of sex are priority
objectives of the international community, 5/
1.
Reiterates the provisions of the Convention on the Elimination of All
Forms of Discrimination against Women bearing in mind the great contribution of
women to the welfare of the family and to the development of society, so far not
fully recognized, the social significance of maternity and the role of bothparents in the family and in the upbringing of children;
2.
Further reiterates that the role of women in procreation should not bea basis for discrimination but that the upbringing of children requires asharing of responsibility between men and women and society as a whole;
3.
Reaffirms that women should have, on the basis of equality, the samerights as men to decide freely and responsibly on the number and spacing of
their children and to have access to complete information on alternative formsof safe family planning methods and services, including education and means toenable them to exercise these rights;
4.
Notes that there is a vicious cycle of women’s illiteracy, poverty,high fertility rates and discrimination in formal and informal employment, as
well as an interrelation of these issues with population and development issues,and that due attention must therefore be given to this interdependence in any
population and development policies as well as to allowing women equal
participation in the relevant governmental and non-governmental decision-making
processes;
5.
Reaffirms the objective of the International Conference on Population
and Development to raise the quality of life for all people, notably through theguarantee of human rights, the alleviation of poverty, the creation of
employment in the formal sector and protection and access to social benefits ofwomen working in the informal sector and the improvement of health, education,
nutrition and housing, and considers that, as women are generally the poorest of
the poor, eliminating social, cultural, economic and political discrimination
against women is a prerequisite for attaining the human rights of women and forenhancing the quality of life of the people, as well as reducing poverty,
promoting economic growth and achieving sound population policies;-xvii-

6.
Recognizes that, in view of the increase in the number of femaleheaded households who are among the poorest sectors of the population, special
measures should be carried out to provide for the special needs of female-headed
families and that due attention should be paid to them in all aspects of
population and development policies;
7.
Strongly emphasizes that one of the main objectives of the Conference
is to eliminate discrimination against the girl child and increase publicawareness of her value as a human being, both before and after her birth; toeliminate the root causes of preferences for sons; to strengthen the girlchild’s self-image and self-esteem and improve the status of the girl child,especially with regard to health, nutrition and education, and to raise theminimum age of marriage of girls to 18;
8.
Takes note of the economic contribution of women’s domestic work andother non-remunerated work, as well as the product of their functions in theinformal sector, and considers that due attention should be paid to therecognition of the value of that work in research and in calculating grossnational product, which forms the basis of development and population policies
and programmes, and to the necessity of eliminating all discriminatory practices
impeding women’s work in those areas when formulating development and population
policies;
9.
Recommends that, in the formulation of sustainable development
policies, particularly for poor rural and urban areas, the needs and tasks ofwomen, and their impact on natural resources, should be recognized and thatwomen should participate in governmental and non-governmental decision-making
processes on these issues on equal terms with men;
10. Notes that the severe economic situation facing many nations, bothdeveloped and developing, as well as structural adjustment programmes and theconcomitant reduction in social programmes, have serious implications for thepeople;11. Also notes that those implications occur particularly at thegrass-roots level, where women who comprise the majority suffer
disproportionately from the transition and adjustment periods;
12. Calls for appropriate measures to be carried out by Governments andinternational organizations and financial institutions to alleviate the burden
imposed in the life of men and women and their families in this respect.

C.
1.

Other matters

Reservations to the Convention

1.
In view of its frequently expressed concern about reservations to theConvention, and bearing in mind the recommendation of the World Conference on
Human Rights that States be encouraged "to consider limiting the extent of any
reservations they lodge to international human rights instruments, formulate any
reservations as precisely and narrowly as possible, ensure that none isincompatible with the object and purpose of the relevant treaty and regularly
review any reservations with a view to withdrawing them," 6/ the Committee
decided to take further steps to address the issue.

-xviii-

2.
The Committee has on a number of occasions raised the issue of reservations
to the Convention. It recognizes that the Convention allows reservations sothat a maximum number of States can become parties. However, article 28 of theConvention provides, inter alia: "A reservation incompatible with the object
and purpose of the present Convention shall not be permitted".
3.
At its twelfth session, the Committee recalled that it had raised the issueof reservations to the Convention at its previous sessions and that at its
eleventh session it had recommended, inter alia, that, in connection withpreparations for the World Conference on Human Rights in 1993, States parties
should raise the question of the validity and legal effect of reservations to
the Convention in the context of reservations to other human rights treaties(general recommendation 20). The Committee subscribes to the recommendation of
the Conference quoted in paragraph 1 above.
4.
The Committee decides to bring again to the attention of the States parties
the seriousness with which the Committee considers the problem of reservations
and requests that this concern be conveyed to the seventh meeting of States
parties.
5.
The Committee decides to amend the guidelines for the preparation of
initial and subsequent periodic reports, to include a section indicating how theCommittee would like States parties which have entered reservations to report on
this. The text of the amendment would read as follows:
Each State party that has entered substantive reservations to theConvention should include information on them in each of its periodic
reports.
In reporting on reservations, the State party should indicate why it
considered the reservation to be necessary and whether reservations theState party may or may not have entered on obligations with regard to thesame rights in other conventions are consistent with the reservations to
the Convention on the Elimination of All Forms of Discrimination against
Women, as well as the precise effect of the reservation in terms ofnational law and policy. It should indicate the plans that it has to limit
the effect of reservations and ultimately withdraw them and, wheneverpossible, specify a timetable for withdrawing them.
States parties which have entered general reservations that do notrefer to a specific article of the Convention or reservations to articles 2
and 3 should make a particular effort to report on the effect andinterpretation of them. The Committee considers these to be incompatible
with the object and purpose of the present Convention.
6.
The Committee also requests that a special letter be sent by the
Secretary-General to those States parties that have entered substantive
reservations to the Convention drawing their attention to the Committee’s
concern.
7.
The Committee recommends that the programme of advisory services of theCentre for Human Rights and of the Division for the Advancement of Women
provide, on request, advice to States parties on the withdrawal of reservations.
8.
The Committee requests the Secretariat to bring the Committee’s concern
about reservations to the attention of the Commission on the Status of Women and-xix-the Commission on Human Rights, as well as to the other human rights treaty
bodies.
9.
The Committee further requests that the Secretariat, in preparing analysesof reports of individual States parties, include in the analysis an indicationof reservations made by the State to other human rights conventions on the same
human rights.
10. The Committee decides, for those States parties that have enteredsubstantive reservations, to include in the concluding observations it prepares
following the review of their periodic reports a section in which theCommittee’s views on the reservations would be reflected.
11. The Committee notes that a number of States parties which consider
reservations of other States parties to be incompatible with the object andpurpose of the Convention enter objections to the reservations. It encourages
those States to enter into a dialogue on a bilateral basis with the States towhose reservations they object with a view to finding a solution.

2.

Adequate meeting time to consider reports of States parties

12. The backlog of reports pending consideration by the Committee is now verylarge and is growing since the number of States parties is increasing.
Moreover, if an effort is made to encourage States with overdue reports tosubmit them, the size of the backlog will increase further. If States currently
parties to the Convention were to report on schedule, the Committee would be
expected to consider 30 reports per session. There is now an average of three
years between the time a State party submits its report and its consideration by
the Committee. This is itself a disincentive to report and leads to the needfor the State to present additional information to update the report which, inturn, increases the volume of documentation that must be considered by theCommittee.
13. The limitation on the duration of sessions of the Committee contained in
the Convention has become a serious obstacle. The temporary extension ofsessions to three weeks cannot be expected to eliminate the backlog.
14. The Committee therefore recommends that the States parties undertake toamend, on an exceptional basis and with reference only to the workings of theCommittee, article 20 of the Convention to allow the Committee to meet annuallyto consider reports submitted in accordance with article 18. It further
recommends that the General Assembly, pending the completion of an amendment
process, authorize the Committee to meet, exceptionally, for two sessions of
three weeks duration each preceded by a pre-session working group starting in
1995 and in the biennium 1996-1997.
15. It requests the Secretariat to bring this recommendation to the attentionof the States parties at their seventh meeting in February 1994.

3.

Overdue reports

16. The Committee notes with alarm that 38 States parties have not yet
submitted initial reports. It recalls its decision to permit States parties
whose reports are long overdue to combine reports. It requests the Secretariat
to bring this matter to the attention of the seventh meeting of States parties-xx-and, in cooperation with relevant organizations of the United Nations system, toprovide advisory services, on request, to countries in preparing their reports.

-xxi-

II.

ORGANIZATIONAL AND OTHER MATTERS

A.

States parties to the Convention

1.
On 4 February 1994, the closing date of the thirteenth session of theCommittee on the Elimination of Discrimination against Women, there were 132
States parties to the Convention on the Elimination of All Forms ofDiscrimination 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, theConvention entered into force on 3 September 1981.
2.
A list of States parties to the Convention is contained in annex I to thepresent report.

B.

Opening of the session

3.
The Committee on the Elimination of Discrimination against Women held its
thirteenth session at United Nations Headquarters from 17 January to
4 February 1994. The Committee held 27 plenary meetings (233rd to 259th
meetings) and its two working groups each held 6 closed meetings. A third
informal working group met four times.
4.
The session was opened by the Chairperson of the Committee, Ivanka Corti,
who had been elected at the twelfth session of the Committee in January 1993.
5.
In her opening statement, the Secretary-General of the Fourth World
Conference on Women stated that the Committee was considered one of the
preparatory bodies for the Conference. The Conference, to be held in Beijing in
1995, was an opportunity for the Committee to assess the implementation of theConvention.
6.
The Vienna Declaration and Programme of Action, adopted by the World
Conference on Human Rights in 1993, had underlined the importance of women’s
rights as human rights, while at the same time expressing concern that, although
women had the same human rights as men, they did not enjoy them as much as men
did. The Declaration had also underlined the importance of the integration andfull participation of women, as a human right, in the sustainable development
process both as agents and beneficiaries, and had emphasized that new proceduresshould be adopted to strengthen implementation of the commitment to equality andhuman rights as they related to women. The Conference had asked both theCommission on the Status of Women and the Committee on the Elimination ofDiscrimination against Women to examine the possibility of introducing the rightof individual petition through the preparation of an optional protocol to theConvention and had asked the Committee to continue its review of thosereservations that ran contrary to the object and purpose of the Convention or
which were otherwise incompatible with international treaty law.
7.
She said that Latin America and the Caribbean had become the first region
where all States Members of the United Nations were parties to the Convention,and expressed the hope that other regions would do likewise prior to theConference. It would be a great affirmation of the world’s commitment to theprotection and implementation of human rights as they related to women if, by
the time of the Conference, the Convention became the first human rights
instrument to achieve universal ratification without reservations.

-16-

8.
The preparations for the Fourth World Conference on Women meant that it
would no longer be "business as usual" in programmes dealing with theadvancement of women. As one of the preparatory bodies for the Conference, theCommittee could contribute to its preparation by providing guidelines on how
best to ensure that the human rights of women could be enjoyed.

C.

Membership and attendance9.
All the members of the Committee, with the exception of Ryoko Akamatsu,
attended the thirteenth session. Kongit Sinegiorgis attended the session from
26 January to 4 February and Rose N. Ukeje from 20 January to 4 February 1994.
For the membership of the Committee, see annex II.

D.

Adoption of the agenda

10. The Committee considered the provisional agenda (CEDAW/C/1994/1) at its
233rd meeting, on 17 January. The agenda as adopted was as follows:
1.

Opening of the session.

2.

Adoption of the agenda and organization of work.

3.

Report of the Chairperson on the activities undertaken between thetwelfth and the thirteenth sessions of the Committee.

4.

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

5.

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

6.

Ways and means of expediting the work of the Committee on the
Elimination of Discrimination against Women.

7.

Contributions of the Committee on the Elimination of Discrimination
against Women to international conferences.

8.

Provisional agenda for the fourteenth session.

9.

Adoption of the report of the Committee on the Elimination ofDiscrimination against Women on its thirteenth session.

E.

Report of the pre-session working group

11. The Committee had decided at its ninth session 7/ to convene a pre-session
working group for five days before each session to prepare lists of questions
relating to the second and subsequent periodic reports that would be consideredby the Committee at the session.
12. The Committee, wishing to reflect in those lists the ideas and views ofvarious members of the Committee, decided that they should continue to submit to
the Secretariat draft questions on specific countries and articles of theConvention prior to the meeting of the Working Group.

-17-13. Following the request of the Committee, the Secretariat prepared ananalysis of each State party’s report based on the information presented in theinitial report and in subsequent reports, and using supplementary statistical
data from other United Nations sources, in order to provide information in
respect of questions to which answers were still pending. In compliance withthe request, the analyses also drew on other reports about the country that wereavailable, prepared by other human rights treaty bodies or in accordance withconventions of the specialized agencies of the United Nations system. The
analyses also contained, where appropriate, information specifically provided by
the specialized agencies and extracts from the statistics of the United Nations
Children’s Fund (UNICEF).
14. The Committee had proposed five members to form the pre-session Working
Group. The members present were: Carlota Bustelo, Norma Monica Forde,
Tatiana Nikolaeva and Ahoua Ouedraogo. The fifth member, Salma Khan, was notable to attend.
15. The pre-session Working Group held 10 meetings, including 3 drafting
sessions, at United Nations Headquarters, from 10 to 14 January 1994.
Norma Monica Forde was elected as Chairperson.
16. According to the provisional agenda of the Committee (CEDAW/C/1994/1), theWorking Group had to prepare lists of questions for seven countries: Australia,
Barbados, Colombia, Ecuador, Japan, New Zealand and Senegal.
17. For the preparation of the lists, the Working Group had before it thereports of those seven countries; the general guidelines regarding the form andcontents of periodic reports (CEDAW/C/7); the general recommendations adopted by
the Committee; and the draft lists of questions received from six members of theCommittee. Further reference materials included the declarations, reservations,objections and notifications of the withdrawal of reservations relating to theConvention (CEDAW/SP/1994/2); the analyses, prepared by the Secretariat, of thesecond periodic reports of Australia, Ecuador, Japan, New Zealand and Senegal;
the combined second and third periodic reports of Barbados and Colombia and thethird periodic reports of Ecuador and Japan, as well as information material
received from non-governmental organizations.
18. In preparing the lists of questions, the pre-session Working Group followed
the suggestion of the Committee to concentrate on a limited number of questions,to focus on analytical and qualitative aspects rather than on specific questions
and to underline the achievements, remaining obstacles and matters in respect ofwhich further information should be provided. The Working Group endeavoured toinclude questions that reflected, as far as possible, the Committee’s moregeneral concerns as they applied to the report under consideration.
19. As in previous years, the Working Group allocated to each of its members
the main responsibility for and coordination of the preparation of a preliminary
list of questions on one or two countries. Each draft was subsequently
discussed, revised and amended.
20. The lists of questions drawn up by the Working Group are contained in thereport of the pre-session Working Group (CEDAW/C/1994/CRP.2), which theCommittee had before it. The Working Group, as authorized by the Committee,
transmitted each list directly to the State party concerned on 14 January 1994.
21. The Working Group paid tribute to and recognized the value of the work done
by non-governmental organizations in providing additional information material.

-18-

The Working Group commented on the length of some reports and the problems
related to the late submission of additional or revised reports by somecountries.

F.

Organization of work

22. The Committee considered its organization of work (CEDAW/C/1994/CRP.1) at
its 233rd meeting.

G.

Composition and organization of work of theworking groups

23. At its 233rd and 238th meetings, on 17 and 19 January, the Committee agreed
on the composition of its two standing Working Groups: Working Group I to
consider and suggest ways and means of expediting the work of the Committee andWorking Group II to consider ways and means of discharging its responsibilities
under article 21 of the Convention, in particular through its consideration ofarticles 7 and 8.
24. Working Group I was composed of the following members of the Committee:
Emna Aouij, Dora Bravo Nuñez de Ramsey, Norma Monica Forde,
Liliana Gurdulich de Correa, Zagorka Ilic, Lin Shangzhen, Pirkko Anneli Mäkinen,
Elsa Victoria Muñoz-Gómez, Tatiana Nikolaeva, Ahoua Ouedraogo, Hanna
Beate Schöpp-Schilling, Kongit Sinegiorgis, Mervat Tallawy and Rose N. Ukeje.
25. Working Group II was composed of the following members of the Committee:
Charlotte Abaka, Gül Aykor, Carlota Bustelo García del Real,Silvia Rose Cartwright, Ivanka Corti, Evangelina García-Prince, Salma Khan andTeresita Quintos-Deles.
26. At its 237th meeting, on 20 January, the Committee also decided to organize
Working Group III to deal with issues concerning, among others, the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights. Working Group III was composed of the following members of theCommittee: Silvia Rose Cartwright, Ivanka Corti, Norma Monica Forde,
Zagorka Ilic, Hanna Beate Schöpp-Schilling, Kongit Sinegiorgis andMervat Tallawy.
Working Group I
27. The Committee agreed on the following draft programme of work for Working
Group I:(a)

Reservations to the Convention;(b)

Adequate meeting time to consider reports of States parties;(c)

Overdue reports;(d)Secretariat servicing of the Committee;(e)Venue of the session;(f)

Review of the rules of procedure;

-19-

(g)

Formulation of Committee comments on the reports of States parties;(h)Organization of the fourteenth session of the Committee;(i)Reports to be considered at the fourteenth session;(j)Provisional agenda for the fourteenth session.

Working Group II
28. The Committee agreed on the following draft programme of work for Working
Group II:(a)

Analysis of articles 7 and 8 of the Convention;(b)Contribution of the Committee to the Fourth World Conference on Women;(c) Contribution of the Committee to the World Summit for Social
Development.
Working Group III
29. The Committee agreed on the following draft programme of work for Working
Group III:(a)

Relations with the Centre for Human Rights:(i)

Next meeting of the Human Rights Committee;(ii)

Appointment of the official rapporteur on violence;(iii)

Plan of action of the Centre for Human Rights;(iv)

Human rights education (reply to the Assistant Secretary-General for
Human Rights);(v)

Issues to be dealt with at the next meeting of Chairpersons;(vi)

Improvement of cooperation between human rights committees and theirsecretariats;(b) Input (suggestions) to the International Conference on Population andDevelopment;(c)Feasibility of drafting an optional protocol.

-20-

III.

REPORT OF THE CHAIRPERSON ON THE ACTIVITIES UNDERTAKEN
BETWEEN THE TWELFTH AND THE THIRTEENTH SESSIONS OF THE
COMMITTEE

30. In her introductory statement, the Chairperson of the Committee gave an
overview of the activities undertaken during the past 12 months and the results
achieved. In an effort to increase the visibility of the Committee, she hadparticipated, in her capacity as chairperson, in the thirty-seventh session of
the Commission on the Status of Women, the World Conference on Human Rights, themeetings of the Third Committee of the General Assembly during its discussion of
the agenda item entitled "Advancement of women" and other international
conferences and events. She had frequently been confronted with a regrettablelack of knowledge about the Convention and the Committee. The limited financial
and human resources of the secretariat were one of the reasons why so few
outreach activities could be undertaken in the past.
31. In her contacts with the specialized agencies, in particular the United
Nations Educational, Scientific and Cultural Organization (UNESCO), the United
Nations Population Fund (UNFPA), UNICEF and the World Health Organization (WHO),she had received positive feedback and indications of possible cooperation, forexample, in the field of human rights education and the treatment of the rightsof the girl child. She emphasized the important activities undertaken by
non-governmental organizations active in women’s rights and suggested
investigating ways to utilize their contributions more actively.
32. The World Conference on Human Rights held at Vienna represented a milestone
for the recognition of the human rights of women. She noted that suggestion 4of the Committee had been a useful tool in drawing up the resolution elaborated
by the Commission on the Status of Women for the Conference, and she supported
the efforts of non-governmental organizations in amending the final document of
the Conference. The Vienna Declaration and Programme of Action recognized theConvention on the Elimination of All Forms of Discrimination against Women as animportant international instrument in the field of women’s rights. It also put
the Committee on an equal footing with other human rights treaty bodies.
Concerning the plans being elaborated by the Centre for Human Rights of theUnited Nations Secretariat for the implementation of the Vienna Declaration, shesaid that the Committee should react immediately and suggest action on the areas
relevant to its work.
33. Concerning the working methods of the Committee, the Chairperson suggested
introducing a new procedure for the examination of the reports of States
parties, in particular for the formulation of final observations, following
procedures adopted by other human rights treaty bodies. She suggested that theCommittee consider entrusting an expert, or experts, to take the lead instudying each report. The Committee might consider preparing questions on
initial reports in the same way as it had prepared questions for second andsubsequent reports.
34. With regard to reservations to the Convention, neither the Vienna
Declaration and Programme of Action nor the recommendations of the persons
chairing human rights treaty bodies had gone further than the previous proposals
for reconsideration and withdrawal of reservations by States parties. However,
the Committee had to look into the matter seriously and give its own opinion andsuggestions on that important issue concerning the Convention.

-21-

35. Delay in the submission by States parties of reports due should beconsidered a violation of international obligations and should not prevent theCommittee from examining the situation in a particular country and reaching
final conclusions. She pointed out the need to prepare the Committee’scontribution to the International Conference on Population and Development andto the World Summit for Social Development. The Committee might also wish toreflect on its input to the Fourth World Conference on Women, in addition to thecompendium already foreseen. She emphasized the need to give effective
expression to the recommendations concerning articles 9, 15 and 16 of theConvention, and suggested that the agreed text might be edited to make it moreaccessible, concise and flexible.

-22-

IV.

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIESUNDER ARTICLE 18 OF THE CONVENTIONA.

Introduction

36. At its thirteenth session, the Committee considered the reports submitted
by 13 States parties under article 18 of the Convention: four initial reports,
two combined 8/ initial and second periodic reports, five second periodic
reports, two combined 8/ second and third periodic reports and two third
periodic reports. The Committee also considered two reports submitted on an
exceptional basis. The Committee decided, for the first time, to prepare
concluding comments on each report considered but, owing to its tight schedule,
it was not able to prepare comments on all the reports. For the status of thesubmission of reports by States parties, see annex IV to the present report.
37. The Committee’s consideration of the reports of the States parties issummarized below, with a summary of the introductory presentations by the
representatives of the States parties, of the observations made and thequestions asked by the members of the Committee, as well as of the replies givenby the representatives of the States parties present at the meetings. The
summary records provide more detailed information on the reports submitted by
States parties. According to rule 49 of the rules of procedure of theCommittee, when the report of a State party is being examined, therepresentative of the State party shall be present at the meeting of theCommittee and shall participate in the discussion and answer questions
concerning the report.

B.

Consideration of reports
1.

Initial reports*
Guatemala38. The Committee considered the combined initial and second periodic reportsof Guatemala (CEDAW/C/GUA/1-2 and Corr.1 and Amend.1) at its 242nd and246th meetings, on 24 and 26 January (see CEDAW/C/SR.242 and 246).
39. In introducing the report, the representative of the Government said that
unfortunately, owing to financial constraints, the persons most qualified topresent the report could not come to address the meeting, but that all the
Committee’s comments and recommendations would be analysed and taken into
consideration for the elaboration of future policies and in the preparation of
the subsequent report. Gender-based studies had been undertaken and certain
aspects had undergone changes owing to the successive changes in administrationand government policy. She gave updated information concerning the Governmentand demographic data. On 5 June 1993, the state of law had been restored and,with the nomination of the new President, democracy had been reinstated.
According to the most recent projections, women made up 49.5 per cent of the
population, of which 62 per cent lived in rural areas. She assured the membersthat the new President placed special emphasis on the protection of humanrights.
_________________________*
Including subsequent reports, if submitted, in those cases where theinitial report of the State party had not yet been considered by the Committee.

-23-General observations
40. Members welcomed the ratification of the Convention without reservations
and the well-structured, extensive and frank report that had followed theCommittee’s guidelines and reflected the Government’s effort to integrate women
into the life of the nation. It was noted that all sectors of society wererepresented in the preparation of the report. However, it was felt that thereport could have been more analytical and that it lacked information on thede facto situation and on policies carried out to enact related laws. It wassuggested that the report did not clearly indicate whether progress had been
made since the ratification of the Convention or whether the advancement of
women had encountered many obstacles. The report was said to lack information
on national programmes to implement the policy of non-discrimination.
41. Regret was expressed that no one from the body which had prepared thereport had been able to attend the meeting. While the report stated that women
were not discriminated against in the country, it was noted that the country was
divided in terms of class and race and that there was discrimination against
indigenous women. Experts asked whether the National Office of Women’s Affairs
was taking any measures to counteract that phenomenon. Members also drewattention to the fact that there was no reference to the shortcomings in the
Civil Code, which contained provisions that were discriminatory to women,
although they had been objected to by non-governmental organizations.
42. The Guatemalan delegation’s answers to the questions put by the Committee
were provided by a person who, according to a member of the Permanent Mission of
Guatemala to the United Nations, represented a non-governmental organization
active in the area of family matters.
43. In replying to the observations of the Committee, the representative of theGovernment emphasized the priority attached to women’s issues in the country andsaid that, owing to the current austerity plan, it was difficult to send
Government representatives from the country to international meetings. The
socio-economic and political context in which the Convention was implemented had
to be taken into account in order to determine whether national laws and theirapplication were appropriate and whether or not they should be considereddiscriminatory to women. She said that an appeal had been made to theConstitutional Court regarding the unconstitutionality of certain provisions
contained in the Civil Code. She read out the judgement that had beenconsequently handed down, in which the Constitutional Court said that theConstitution protected the person and the family, guaranteed freedom, thedevelopment of the human being, liberty, equal rights and equal opportunities
and responsibilities for women and men and stipulated the protection of
motherhood. The judgement rejected the claim of unconstitutionality anddeclared fully justified the status, circumstances, functions and roles of men
and women, whose discriminatory nature gave rise to the application. Upon
ratification, an international treaty such as the Convention automaticallybecame part of the Constitution and made it mandatory for the State to adopt
only legal measures that were not discriminatory towards either sex. According
to that ruling, none of the legal provisions contained in the Civil Code was
unconstitutional, and therefore contrary to the principle of non-discrimination.
44. The members of the Committee indicated that the reading of the judgement
and the views expressed by the representative of the Government increased theirconcern at the discrimination institutionalized in law and given expression invalues and mores. In their view, it was not only a matter of a flawed report;
the existing situation, in which the fundamental human rights of Guatemalan-24-women were being violated, must be dealt with more decisively, on the basis ofan updated approach in keeping with the international commitments of theGovernment of Guatemala.
45. Members pointed out that no information was given in the report about any
family-planning policy or about steps taken to upgrade the health of women andchildren. It was also not clear from the report whether the machinery to
implement policies to promote the status of women had been upgraded.
46. Members noted the significant responsibilities of women in Guatemala,including those for health, hygiene and family nutrition, but that women were
not given the same importance as men in outside work and in politics.
47. It was observed that political violence conditioned people to tolerateviolence in general, which had an effect on attitudes towards violence against
women. Political violence had to stop so that women could once again enjoy
harmony and find their rightful place in society. The representative explainedthat the Government was currently trying to consolidate peace in order to ensurethat women could enjoy well-balanced development free from violence.
48. Members expressed alarm at the ruling of the Constitutional Court,
especially in a country where the content of an international treaty became partof domestic law, once the treaty had been ratified. They said that if thecountry wished to implement the Convention, it ought to amend some of its laws,
particularly the provisions regarding family law and gender stereotypes. The
presentation of the report showed that the Government did not attach much
importance to women’s issues and the replies given in the report only increased
the Committee’s concerns about the discriminatory nature of the Civil Code.
There was incompatibility between the obligations undertaken by ratifying theConvention and the actual legal situation as well as its interpretation by theConstitutional Court. Members noted that this situation was completely
unacceptable and suggested that the Government should seek assistance from theUnited Nations in correcting its legislation and in preparing its subsequent
report.
Questions related to specific articles
Article 5
49. With reference to the traditional role of women in society, members
expressed the need for the Government to extend more educational efforts towomen. They asked which measures the Government or non-governmentalorganizations had taken to promote the implementation of article 5 not only inrespect of changing the laws, but also in respect of doing away withsocio-cultural stereotypes vis-à-vis women. The representative said that, inthe opinion of some elements of society, the role of women was considered to beinferior to that of men, whereas in reality that was not the case. Education
programmes were currently under way to teach men to acknowledge theparticipation of women in society and to share the responsibility for educating
the children.
50. Members also asked whether any specific measures had been carried out inrural areas. When members requested more detailed information on the issue ofviolence, the representative said that education campaigns were currently being
carried out to eradicate violence against women and that the subsequent report
would contain information on the results of those campaigns and statistical
data.

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Article 6
51. Considering that Guatemalan society appeared to view prostitution withindifference and tended to blame prostitution on the women themselves without
taking into consideration the social and economic environment, such an attitudeentailed the risk of exploitation by men. Society should consider the reasons
why women were in that situation. Members requested statistical data related toprostitution, including information on the age bracket and the social strata of
the women involved, and asked whether health, education and rehabilitation
services had been set up for those women.
52. The representative was convinced that those evils were caused by lack ofadequate education and said that the aim of the Government was to find training
and new working opportunities for those women. Non-governmental organizations
had elaborated specific training programmes.
Article 7
53. Satisfaction was expressed that illiterate women were no longer
discriminated against in their voting rights. Members requested statistical
data on the number of women who participated in elections and on the political
inclinations of women and asked whether women in rural areas were restricted in
exercising their voting rights.
Article 10
54. Members asked what measures had been taken to revise school books or train
educators with a view to eliminating discriminatory concepts and what had been
done to reduce female illiteracy. The representative said that the concept ofcomplementarity and gender equality would be promoted through education and thatthe subsequent report would contain detailed information on the measures takenin that respect.
55. Members inquired whether the gender-specific schools that had been
mentioned in the report still existed both in urban and in rural areas andwhether economic factors had not led to a coeducational school system. The
representative explained that parents had the right to choose the form ofeducation that they preferred for their children. There was no discrimination
involved.
56. Bearing in mind the cultural diversity of the country, with some 23
different languages spoken, members asked whether the educational programmes
took those cultures into account.
57. Further data were requested on the gender distribution in the various
fields of study.
Article 11
58. As the country had ratified Convention 100 of the International Labour
Organization (ILO), members would welcome assurances that its provisions werealso being implemented and requested more information on the matter.
59. While women working in the formal sector were covered by the social
security system, the majority of women worked in the informal sector and indomestic service and lacked social security coverage. It was suggested that
relevant policies should be modelled on those of other countries where women-26-

working in the informal sector were incorporated into the social security
system. Regarding the law governing the supply of child-care services forenterprises with more than 30 workers, it was said that the number should not belimited to female workers; otherwise, employers would not hire women so as not
to have to comply with the obligations.
60. Members required further clarification on the reasons for the wage
discrimination against women and asked whether women were mobilizing themselvesto defend their rights under the Convention. Members also asked whether thedifferences in wages between women and men were equally large in the formal andthe informal sectors, whether women working in the informal sector were entitledto maternity leave and pensions and could join trade unions and what programmes
had been established to improve the situation of women in the informal sector.
61. According to the report, fines for firing a woman for becoming pregnant
were so low that employers simply paid the fine and fired the woman. It was
hoped that future reports would address that situation. Members asked whether
women’s work in the informal sector was reflected in national economic
statistics and what the working conditions of women in the garment industries
were.
62. The representative said that women could organize themselves freely. The
fact that there were not many groups was a result of cultural factors and showed
the satisfaction that women felt with their society.
Article 12
63. Members inquired about the Government’s family-planning policy and asked
whether the programmes were geared only towards rural women or also directed
towards women in urban areas and indigenous women.
64. The representative said that the family-planning policy was given wide
publicity and was open to anybody. Every small community had family-planning
services. Indigenous communities had equal access, but they considered thepractices harmful to their traditions and habits. They also tended to object tousing contraceptives because they thought that their use was a birth control
method specifically targeted at them to exterminate their culture and people.
The representative explained that family planning had negative effects on the
population. Women had been strongly discriminated against in that all of thepreventive methods had been directed only against them. Indigenous women were
not given information about the effects of contraceptives on their bodies andsometimes the donation of food was linked to the use of contraceptives. Birthcontrol led to the breakdown of the society and the family. It also had anegative effect on youth and increased the number of households headed by single
women.
65. The representative stated that her country was composed of many ethnic
groups and was characterized by a sense of solidarity, family support andunderstanding and that, consequently, it would be desirable if economic support
for population control were directed towards education programmes, which would
improve living standards and lead to a more balanced growth of the population.
66. As abortion was a punishable offence, members asked what the sentences
were.

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Article 14
67. Members expressed concern at the unequal distribution of land in rural
areas and inquired about the existence of any indentured conditions under which
women worked, whether rural women had access to child and health care andwhether they could own land and have access to credit.
68. Members commented that in Guatemala sexist notions, such as the "natural"role of women in the context of procreation, were still being reinforced. Ifsuch sexist attitudes prevailed, they would have adverse effects on the futureof girls who would choose only traditional feminine careers. Members inquired
about consciousness-raising campaigns that should enhance the social andeconomic role of women rather than their role in the family. The representative
stated that the notions of the role of women in the family should not bechanged. A misunderstanding of equality would not benefit any society. It wasmore important to encourage the idea of the complementarity of men and women.
Article 16
69. Commenting on the minimum age for marriage, which was 14 for girls and 16
for boys, experts said that such a provision encouraged child marriages andshould be abolished with a view to setting the same legal age for both partners.
In her reply, the representative quoted the judgement made by the Constitutional
Court according to which civil rights were acquired with the attainment ofmajority. Entrance into marriage required that the couple had reached majority.
The different age requirements for boys and girls were based on physiologicaland biological factors and on the interests of society. Consequently, thedifference in minimum age was not considered to be unconstitutional.
70. Regarding the concern expressed by members about the family law, which wasdiscriminatory to women as it contained a rigid description of the roles ofwomen and men, thus reinforcing existing stereotypes, the representative statedthat the legislature sought to protect the family, as it was the foundation of
the State.
71. Members expressed the opinion that the legal provision according to which
the husband remained the head of the family and a woman needed the husband’s
permission to take up outside activities was contrary to the provisions of theConvention and extended the patriarchal system. It was a source of basic
discrimination against women and, although the Constitution provided for theright to work, the "husband’s law" seemed to be superior to the basic law.
Likewise, the family law spoke only of the obligation of women to look after thechildren and take care of the household, without also mentioning the husbands.
72. In reply the representative referred to the ruling of the Constitutional
Court which said that men and women had equal family responsibilities inprotecting the children. The law that gave the husband the right to represent
his spouse in no way harmed the wife, especially as the role of head of thefamily could be assumed by the wife if the husband was unable to do so because
he had either abandoned the household or been sentenced to imprisonment. The
administration of property was carried out by common agreement between the
spouses. The representative said that the provisions according to which thehusband had to provide assistance to the wife and the wife had the right andduty to care for minor children were in no way discriminatory; they were only
meant to protect the wife. Neither of the two spouses could avoid their
responsibilities towards their children. Women were not prohibited from taking
on outside activities as long as such jobs did not prevent them from taking care-28-

of their minor children and the household and were not contrary to the purposeof marriage and the obligations inherent in maternity.
73. When members asked whether women had taken court action to claim theirrights, whether any amendment of the law was planned and what the reaction of
women’s groups to that law was, the representative said that no claims had everbeen entered to oppose the husband as the representative of the family.
74. The representative said that it was necessary for women to educate theirsons to respect gender equality and that the responsibility for educating thechildren was shared.
75. In reply to the comment by the members that the criminal code wasdiscriminatory as it penalized women more heavily than men for committing
adultery, the representative said that the Government was currently trying toamend the discriminatory provisions of the code.
Concluding comments of the Committee
Positive aspects
76. The Committee commended the Government of Guatemala for having ratified theConvention without reservations, and they expressed great interest in theinitiatives undertaken to bring about legal changes with a view to achieving
equality of Guatemalan men and women in the context of efforts to restore peace.
Principal subjects of concern
77. The Committee indicated that the Government’s failure to cooperate infunding travel for the person in Guatemala responsible for matters relating to
women showed that it attached little importance to the subject; such situations
probably did not arise in connection with Guatemala’s obligations under otherhuman rights treaties.
78. In their comments the Committee members mostly indicated that despite theefforts made there was a clearly discriminatory situation in Guatemala in which
extremely stereotyped social, economic, political and cultural roles wereassigned to men and women; that situation resulted in subordination of
Guatemalan women in virtually all the areas and at all the levels covered by thearticles of the Convention. Information was requested with respect to theapplication filed by the Procurator’s Office in Guatemala, on grounds ofunconstitutionality, for rescission of a number of articles of the Civil Code.
79. Almost all the members said that Guatemalan legislation, particularly the
Civil Code, must be brought into line with the Convention, and that as a matterof priority it was necessary to focus on the provisions of article 16; the Codecontained highly discriminatory provisions that restricted or violated thefundamental human rights of Guatemalan women, which the State was under anobligation to protect as a result of its accession to the Convention and otherhuman rights instruments safeguarding the rights in question. The members
voiced similar concerns with regard to the Criminal Code.
80. The Committee expressed concern at the discrepancies that existed to thedetriment of women with regard to education and employment, remuneration andinvolvement in economic activity; they also expressed concern about what was
being done to prevent and punish violence against women, and about ways ofdealing with prostitution.

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81. In short, the members of the Committee commented that women did not appear
to be a priority for the Government, that there was far-reaching legal
discrimination, and that there was no information on initiatives to combat
discrimination resulting from highly stereotyped cultural patterns or on theactual situation of women among indigenous ethnic groups. In general, they
regarded the report as inadequate in the light of the recommendations made by
the Committee in that connection. They expressed the view that the very wordingof the report was sometimes discriminatory; that showed that the Government
needed to review and adjust its approach so as to improve the situation of
Guatemalan women.
Suggestions and recommendations
82. The Committee indicated that the following steps should be taken to improve
the presentation of future reports:(a) Reports should give a more detailed analysis of actual situations andprovide figures and indicators; they should be less descriptive and focus lesson regulatory matters;(b) Reports should provide an analysis of all articles of the Convention
and demonstrate what changes had taken place in the implementation of laws andprogrammes;(c) The analysis should cover rural-urban and ethnic differences, which
are a matter of great importance in Guatemala.
83. As a matter of urgency, the Government of Guatemala must bring its
initiatives into line with the Convention. It must make a special effort toensure that judges and other individuals involved in the interpretation andimplementation of Guatemalan legislation, including legislators themselves, arefamiliar with the Convention, which is an integral part of Guatemala’s
legislation, with a view to bringing the provisions of the Constitution
concerning equality, as well as legislation, judgements and programme
initiatives, into line with the Convention and other international instruments
safeguarding the human rights of women.
84. The Committee wished to know more about the status and capacities ofnational machinery.
85. As a matter of priority, Guatemala must make the most urgent legal changes
so as to guarantee equality, particularly with regard to article 16 of theConvention.
86. The Committee therefore requested the Government of Guatemala urgently totake all necessary measures and adopt policies to improve the situation of womenin Guatemala in compliance with the Convention and to report on those measuresin its subsequent report.
87. It was suggested that the Guatemalan Government could request technicalsupport for the preparation of its next report.

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Guyana
88. The Committee considered the initial report of Guyana (CEDAW/C/5/Add.63) at
its 235th and 239th meetings, on 18 and 20 January (see CEDAW/C/SR.235 and 239).
89. In introducing the report, the representative of Guyana emphasized that the
global economic crisis of the 1980s and the concomitant recession had hit her
country hard as it was one of the most vulnerable. Forty per cent of the
population in the countries of Latin America and the Caribbean were living underconditions of poverty, unable to satisfy basic needs. Owing to their vulnerable
position in society, women were more harshly affected by the socio-economiccrisis. The fact that poverty affected women more than men was a common
phenomenon in the region.
90. As a result of the economic problems, commencing with the oil crisis in the
1970s, the "cooperative socialism" that had been the official policy of thecountry had undergone a critical period, which had led to a continuous breakdownof the basic infrastructure. Growing unemployment and low wages had led toincreased internal migration and emigration of men. Female-headed households
had increased from 24.4 per cent in 1980 to 29.5 per cent in 1992. The
percentage of permanent female emigrants had also increased in the last years,
resulting in a higher number of male-headed single-parent households. The
influx of women into the labour force had brought with it the most profoundchanges in the labour market.
91. Guyana had been rated as one of the poorest countries in the Western
hemisphere. The widespread impoverishment of the majority of Guyanese hadbrought with it a continuous decline in per capita production and real wages
while prices of basic commodities were rising; a severe reduction in the qualityof the educational system; hunger, malnutrition, homelessness and an increasing
number of street children; inadequate housing and a decline in the public healthservices. As a result of such neglect of the development of human resources,
the last few years had witnessed a drastic decrease in life expectancy and arise in infant mortality.
92. Structural adjustment programmes, introduced in response to the economic
problems, had brought about new forms of stress, which added to the crisis
created by prior mismanagement. Severe shortages in the basic food supply had
had an impact on women who were forced to queue for long hours to purchase basic
commodities. Cuts in public expenditure had brought about a decline in social
services, particularly health and education, as well as in infrastructure,including transportation, water supply and electricity. Women, as primaryhousehold managers and income earners, were particularly affected.
General observations
93. Members of the Committee welcomed the very candid report, which had beenpresented with frankness by a high-level political representative. They
recalled that Guyana had demonstrated a long commitment to the Convention and
was among the first Member States to sign and ratify the Convention without
reservation. It had also been the first country of the region to present acandidate for membership of the Committee.
94. Members of the Committee welcomed the political will to implement theConvention, but were aware of the cultural, social and economic constraints to
its implementation. Asked whether all the provisions of the Convention were
fully implemented in the legislation of the country, the representative-31-

explained that certain articles of the Convention were dealt with in statutes,
which were enforceable in the courts. There was no tardiness on the part of theGovernment in reducing discrimination against women, since the 1980 Constitution
already contained provisions with respect to equality for women. In 1983 theChildren Born out of Wedlock Act was adopted, which removed any discrimination
against children born out of wedlock. In 1990, the Equal Rights Act was adopted
by Parliament, giving women the right to seek redress for discriminatory
practices on the basis of sex. The implementation of the Convention had
improved the status of women generally, raised consciousness about the issue in
women’s organizations and in male-dominated institutions, and focused attention
on the remaining obstacles.
95. Members were interested to learn whether the Convention could be invoked in
the event of the violation of women’s rights, and what was the relationshipbetween national legislation and the Convention. The representative repliedthat under the law women in Guyana were given a significant degree ofprotection. Women’s access to the courts was afforded by way of theconstitutional and municipal law provisions.
96. Concerning a question about the time-frame of the programme for theadvancement of women, the representative replied that a national policy
statement on women existed, but that several ongoing programmes for the
integration of women in development could not be fully implemented because of
economic constraints.
97. Members noted that the report emphasized elimination of de jurediscrimination, but that more information was needed on the de facto situationof women. In particular, more statistical data should be provided. They
invited the Government, when preparing subsequent reports, to refer to existingnorms and facts and to interpret changes that had taken place. That would avoid
any contradictions that might appear in the present report. The representative
said that her Government was fully aware of the deficiencies in the collectionof data and statistics and was searching for assistance from international
agencies to remedy the situation.
98. Asked whether non-governmental organizations had been consulted when
preparing the report, the representative stressed that the Women’s Affairs
Bureau, as the national machinery, was in direct liaison with women’s
non-governmental organizations, and had been largely responsible for the
preparation of the report.
99. Members of the Committee welcomed the clear description of the negative
impact of structural adjustment programmes on women, which illustrated how
political and economic change would affect women negatively, if human resource
development was not considered. Members asked for further information on
actions taken by the Government to mitigate the negative impact of suchprogrammes on women and children. The representative mentioned that, under theSocial Impact Amelioration Programme, periodic payments were made to elderly
women and pregnant and lactating mothers, for a limited period of time, tocushion the effects of the withdrawal of government subsidies of basic goods.
Guyana received assistance from a number of United Nations programmes andspecialized agencies and other donors. Seventeen health-care projects had been
carried out. However, significant delays in the implementation of projects wereexperienced, and the Government’s capacity to absorb further badly needed
assistance was limited by its inability to provide administrative and financial
counterparts.

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100. Members praised the active role women in Guyana had played in the struggle
for independence, which should guarantee them the right to enjoy fundamental
rights without conditions. Asked why the basic rights in the Constitution werelinked not only to respect for the rights and freedoms of others, but also torespect for the public interest, the representative said that this did not lead
to abuse and injustice since the courts, as guardians of the rights ofindividuals under the Constitution, could be approached by any aggrieved party
seeking redress.
Questions related to specific articles
Article 2101. Given the existence of different ethnic and indigenous groups in Guyana,members wanted to know if they had preserved their cultural roots, because
culture could be used as a unifying force in development. More information was
required on traditional customs and religious traditions, and the way theyaffected women and undermined the provisions of the Convention. The
representative replied that the largest ethnic communities were the East Indians(49.5 per cent) and the Africans (35.6 per cent); the indigenous population ofAmerindians made up 6.8 per cent of the population. As a result of thedivide-and-rule practice of colonialism, the two major racial groups weredivided in the late 1950s and again in the 1960s. Amerindians had originally
had their own culture, but the process of socialization had altered some
sections of the indigenous people, who had become involved in national life in
the field of education, health and training. Under the Constitution, allcitizens had the right to practise their customs and religion. Some religious
norms were used to keep women down, not giving them the right to chose theirhusbands and not allowing them into male-dominated religious positions.
However, the fundamental problem of male domination over women was inherent to
all racial groups.
Article 3102. Members of the Committee appreciated the appointment of a minister for theadvancement of women and requested further information on the mandate of the
Minister, the limits imposed on her work and the existence of focal points inthe various other ministries. The representative replied that the Ministry ofLabour, Human Services, Social Security and Housing had a Senior Minister incharge of Labour and Housing and a Junior Minister responsible for Human
Services and Social Security, which included women’s affairs as one of 11 areasof responsibility. No limits were imposed on the work of the Minister. With
regard to the national machinery for the advancement of women, the Minister wascollaborating on a weekly basis with the administrators of the Women’s Affairs
Bureau.
Article 4103. It was asked which temporary measures had been taken to accelerate defacto equality between men and women. Members also inquired about existing
programmes to increase the number of women in decision-making positions at alllevels.
104. The representative replied that the Women’s Affairs Bureau was engaged inproject monitoring and the implementation of projects directly targeting women,in particular in the acquisition of skills and education, training in small
business management and health.

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Article 5105. Assuming a high incidence of violence against women as in any society,members asked for information on the extent of violence in all its forms, themeasures taken by the Government to eliminate violence, police intervention andcourt procedures. The representative replied that violence occurred at alllevels of society and that about 48 per cent of women had been physicallyassaulted in 1993. Only recently had women started to report assaults committed
against them by their spouses or common-law partners. While arresting theperpetrators, male police very often displayed reluctance to institute charges
and considered the assaults a purely domestic matter. Women’s organizations had
therefore called for female investigators. Refuges and shelters for abused
women, as well as a hotline, had been established. A draft Domestic ViolenceBill was to be placed before Parliament, following the format of similar bills
in other Caribbean countries. The Government and non-governmental organizations
were planning an education programme to sensitize young people about other formsof conflict resolution, self-esteem and respect for females.
Article 6106. Members sought more information on prostitution and related activities andwanted to know whether laws and specific programmes had had an impact on
reducing the number of prostitutes. The representative stated that the law
penalized any male person for knowingly living, wholly or partly, on theearnings of prostitution or soliciting for an immoral purpose. To prevent theincrease of prostitution linked to the urban migration of young women, efforts
were being made to raise the living standards in rural areas and to encourage
young women there to undertake income-generating activities.
Article 7107. Noting that the report gave figures on the percentage of women in certain
high-level positions, members asked further information on the number of womenin middle-level management positions, and on women’s participation in
non-governmental organizations, political parties and labour unions. The
representative replied that women constituted a small but growing pool of
middle- and lower-level managers and that their participation had risen from
14.9 per cent in 1985 to 25.4 per cent in 1993. However, women’s representation
at the executive level had decreased sharply, from 25.5 per cent to12.4 per cent, during the same period. Only in the low-paying service sector
and the teaching professions did women play a significant role indecision-making. Women were active in the trade unions, in both the private andthe public sector, holding a few high positions in management and the executive
branches. Exclusively female trade union organizations did not exist.
108. She stated that women were a clear minority at the higher echelons ofpublic and political life and were grossly underrepresented in top positions.
Female participation in the parliamentary assembly had increased significantly,
from 14 per cent in 1980 to 22 per cent in 1985, but decreased to 15.7 per centin 1993 with the change of Government. The imbalance in male-female
representation in Parliament was also reflected in the Government, where only
two women had been appointed, one as Health Minister and the other as Ministerfor Labour, Human Services, Social Security and Housing. However, in otherdecision-making positions in the Government, the situation had improved with anincrease in the number of permanent secretaries and other high-level positions,from 21.4 per cent in 1987 to 33.3 per cent in 1993. At the regional level, the-34-percentage of female mayors had declined from 40 per cent in 1980 to 20 per centin 1986 and 16.7 per cent in 1993.
109. With regard to women’s participation in political parties, she recalled
women’s historical involvement in political life, especially in the work ofparties and during elections. The major problem was that only a few women could
attain leadership roles in their parties owing to male competition, lack ofassertiveness and their additional burden of child-rearing.
Article 8110. Members acknowledged the frankness of the part of the report underdiscussion, but asked for additional explanation about the obstacles thatprevented women from participating in decision-making and whether there wasactual equality of opportunity for women in access to power in public life. The
representative replied that the stereotypical attitudes of women and men
inhibited women’s access to decision-making positions. As more women enteredprofessional life, it was to be hoped that that trend would change.
Article 10111. Asked for further data on school drop-out rates for girls, therepresentative stated that only 18.9 per cent of women dropped out at thetertiary level, compared to 81.2 per cent for men. No data were available fordrop-out rates at the primary and secondary levels but they would be supplied in
the next report. Drop-outs were given a second chance to pursue higher studies.
In response to the question whether the programmes mentioned in the report were
aimed at stereotypical vocational skills, she stated that programmes were open
to both sexes, but the women opted for traditionally female-oriented programmesof study.
Article 11112. More information was sought on equal access to training, job segregation,
women’s employment in health, education and the industrial sector and theircontribution to agriculture.
113. The representative said that women had equal access to education andtraining. Training was an integral part of women’s involvement in work. The
gender-specific division of labour was linked to the traditional definition of
women’s economic roles, the majority of women being employed in the clerical,
sales and service sectors. A low percentage of women found employment in the
agricultural sector, where women’s involvement in household subsistence farming
and poultry rearing for additional family income was not taken into account.
114. A high proportion of economically inactive females was involved indomestic duties, but the figure had declined owing to the changing role ofwomen, who needed to supplement family income.
115. Members wished to know if women had equal opportunity with men in
obtaining full-time jobs. The representative noted that although women had
equal opportunity with men, they were burdened by child-rearing activities
traditionally considered a female responsibility. The lack of child-carefacilities affected women’s participation in the labour force negatively, inparticular if they could not rely on grandparents or elderly relatives. The
Government and non-governmental organizations were providing some day care forchildren.

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116. In reply to the question about equal remuneration for men and women, therepresentative quoted the 1990 Equal Rights Act, which provided, inter alia,that women and men should be paid equal remuneration for the same work or workof the same nature. Although in general women were paid the same as men, insome private sector organizations women with similar qualifications andperforming the same tasks were still paid less.
Article 12117. Members required further information on programmes to combat the AIDS/HIV
pandemic and on existing facilities for infected women. The representative
stressed that the increase in HIV infection among women far exceeded that ofmen, although fewer women carried the virus than men. The Government hadlaunched education programmes to combat the spread of AIDS among young people,
encouraging the use and acceptance of condoms. Discussions on removing taboos
associated with sexual behaviour had taken place. She also reported on efforts
being made to end the stigmatization of AIDS victims.
118. Referring to the severe problem of anaemia, a very incapacitating illness
for women, members wanted to know if female malnutrition resulted from thetraditional diet, lack of variety of foods or poverty. Given the decrease inlife expectancy, members asked for the common causes of female mortality. The
representative stated that high-risk pregnancies, lack of trained medical
attendants, malnutrition and abortion were some of the contributing factors. A
50 per cent decrease in government spending on health services had had an impact
on the 86 per cent of the population considered to be living under the poverty
line, and on women in particular.
119. Concerning family planning, members requested information on the existenceof a national family planning programme, on access to special maternity services
and on the availability, use and general acceptance of contraceptives. The
representative informed the Committee that family planning advice andcounselling was conducted at 166 clinics across the country and included theprovision of various forms of contraceptives, prenatal and postnatal services,
immunizations, pap smears, pregnancy tests, infertility and fertility
counselling and treatment. Women, in general, accepted family planning very
well. A responsible parenthood organization was conducting educational
programmes for young people. The representative also said there was nogovernment policy on family planning owing to the demographic trends of highmortality and emigration in Guyana.
120. On the incidence of abortion, the representative stated that the number ofillegal abortions was high as abortion was often used as a form of contraception
by women having no access to other family planning methods. The highest numberof abortions occurred in the 24-29-year age group and among East Indian women,
followed by Black women. There was an ongoing debate on the decriminalizationof abortion as proposed in a bill tabled in Parliament.
Article 14
121. Members of the Committee welcomed the policy of decentralization andwished to obtain further information on the involvement of women at the districtlevel. The representative replied that women were generally involved in all
sectors of rural life. After the 1992 elections, there had been a resurgence ofcommunity development groups, in which women played an important role.

-36-Article 16
122. With regard to reform of the family law, members expressed the opinion
that a more comprehensive approach should be preferred to a segmented process ofamendment. Harmonization with the rest of the Caribbean countries should begiven special attention. The representative agreed and added that theestablishment of a family court had been called for by women’s organizations
over the past decade. She also informed the Committee about the Married Persons
Property Amendment Act and the Family Dependants Provision Act adopted in 1990,
which changed the laws relating to the division of the property of spouses upon
the dissolution of marriage or the break-up of a common-law relationship. In
reply to a question on the equal division of marital property in case ofdivorce, she stated that the Married Persons Property Amendment Act madeprovisions for the services of the wife in the home to be quantified inassessing her contribution to the acquisition of marital property.
123. More information on female-headed households was asked for, in particularon the incidence in different ethnic groups, on their cultural acceptance andgovernment programmes for providing assistance. The representative regretted
that no data on female-headed households were available, but promised that thesecond periodic report would supply that information. Although the incidence offemale-headed families was widespread, it was highest among the Afro-Guyanese
population.
124. Specific information was sought on the Equal Rights Act that enabledcourts to define discrimination and on any instances when the law had been
applied. The representative informed the Committee that the Act did not define
discrimination and had never been considered in the courts owing to its
relatively recent passage. No cases alleging discrimination had been brought up
so far.
125. The Committee deferred its concluding comments on the report of Guyana
until its fourteenth session.

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Libyan Arab Jamahiriya
126. The Committee considered the initial report of the Libyan Arab Jamahiriya(CEDAW/C/LIB/1 and Add.1) at its 237th and 240th meetings, on 19 and 21 January(see CEDAW/C/SR.237 and 240).
127. In introducing the report, the representative of the Government of the
Libyan Arab Jamahiriya apologized for the fact that the Assistant Secretary of
the General People’s Congress, who was a woman, was not able to attend andpersonally have a dialogue with the members of the Committee. He gave an
overview of the structure of the report and highlighted its main points. He
said that in his country there were no laws that were in any way discriminatory
against women. Libyan legislation contained the principle of equality of womenand men. The Shariah equally emphasized the importance of women in society.
128. He mentioned the modified school curricula that ensured the elimination ofstereotypes and said that women received the same education as men and wereencouraged to enter any kind of occupation. Prostitution was prohibited andthere were no obstacles to the participation of women in political and publiclife. Women had the same rights as men to participate in professional
associations, and the General Union of Women’s Associations had been created forthe promotion of women. The percentage of women in education was increasing andwomen were sometimes provided with better facilities than men. Maternity had noeffect on seniority, social allowances and the job situation. However, women
had not yet reached the same positions as men at high levels.
129. Women were considered as the cornerstone of the society. They were equal
to men before the law, they had equal rights with regard to the custody of theirchildren and they were the partners of men in civil, cultural and social life.
Women could write their own wills, independent of men, and had the right tochoose their husbands. Women had made big strides in the last 25 years,
considering the conditions they had previously experienced in that region and,as they had penetrated all spheres of life, the country had laid a firm basis
for equality.
General observations
130. Members of the Committee commended the accession of the Libyan Arab
Jamahiriya to the Convention. While thanking the representative for having
appeared before the Committee, they indicated concern that Libyan women could
not be present themselves to talk about their experiences. General and serious
concern was expressed about the reservation that had been entered at the time ofaccession and about the fact that the reservation was not at all touched upon in
the report. Members asked whether the Government had not taken into
consideration the objections that had been raised by many countries with a viewto reconsidering the issue. Bearing in mind that the Shariah had given equality
to women, as mentioned in the report, it did not seem clear why the reservation
was still maintained, particularly as it constrained the Government’s ability tocomply with article 2 of the Convention. Members felt that the interpretationof the Koran had to be reviewed in the light of the provisions of the Convention
and in the light of the current social environment. It was not possible tospeak of equal rights of women and yet to maintain gender differentiation andsexual stereotypes, such as insisting on the role of women as housekeepers.
131. In replying to the concerns of the members, the representative of the State
party explained that the Islamic religion was designed to emancipate men andwomen from all forms of slavery by prohibiting injustice, making the promotion-38-

of women a precondition for the road to paradise and calling for equality among
all human beings. Any gender difference, if considered objectively, did notconstitute discrimination based on sex. Reservations were entered by Islamic
countries in order to avoid embarrassment in view of the literal meaning oflegal texts. He assured the Committee that its concerns would be conveyed tothe competent authorities.
132. In additional comments, members observed that they were still unclear about
the reasons for the country’s maintenance of its reservation to the Convention.
They said that the reservation was very much related to the question ofinterpretation of the Shariah. They felt that the Shariah was very supportiveof women’s equality, rights and dignity. However, it had come into force 1,500
years ago and was not immutable. The Shariah itself gave equality to women, but
the problem that had to be overcome was that of interpretation. Religions
should evolve over time, but the evolution or the ijtihad, the interpretation of
the Shariah, had come to a standstill three centuries ago. The thinking aboutsome religious roles had not evolved from that time and it was not proper toapply a standard that had applied several centuries ago to the present world.
In some countries the Shariah had been interpreted in a more progressive way, asa result of the political will of the Government. The Koran permitted theijtihad for the interpretation of the Islamic religion. Therefore, efforts
should be made to proceed to an interpretation of the Shariah that was
permissible and did not block the advancement of women. The Government wasurged to take a leading role in its interpretation of the Shariah as a model forother Islamic countries. Reservations that were incompatible with the goals of
the Convention were not acceptable.
133. Although members commended the Government for the timely submission of its
report, they criticized the fact that certain articles of the Convention had notbeen dealt with separately and lacked detailed information, that the report
appeared to be more theoretical and did not contain information on the de facto
situation of women and that it contained technical errors and contradictions.
One of those errors pertained to table 2 and was explained by the representative
as a typographical error in the translated version (it should read 1984 and not1974). Members of the Committee pointed out the scarcity of statistical data,in particular regarding the issues of violence against women, migrant women,
women migrating to urban areas and the drop-out rate for female school
attendants.
134. While the law relating to disabled persons was praised, further commentson its legal provisions were requested. It was asked which new laws had been
adopted since the country’s accession to the Convention and which laws gavepriority to women.
135. Members said that the implementation of an anti-discrimination policy
required that policies be coherent even though they touched upon religious andideological issues. True gender equality did not allow for varying
interpretations of obligations under international legal norms depending on
internal religious rules, traditions and customs. Clarification was requested
for the concept of "women’s natural tasks", as referred to in the report.
136. With regard to the request for further information on the Great Green
Document on Human Rights (A/44/331, annex), the representative referred toparagraph 21 thereof, which called for equality between women and men.
137. Members noted with satisfaction the many positive developments on the roadto achieving equality between women and men, such as the admission of women into

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the judiciary, the entry of women into the armed forces, the creation of acentre for women’s studies, the fixing of the same minimum age at marriage forwomen and men, the amendment of school books, the placement of restrictions on
polygamy, the publicity given to the Convention in the media, the setting up ofa department of women’s affairs and the support given to women’s
non-governmental organizations. However, the image of women in the media needed
to be changed.
138. The representative explained that the main tasks of the Assistant Secretaryof the General People’s Congress were the collection of data and documentationand the evaluation and analysis of issues relating to women; the elaboration ofplans to integrate women into all social, cultural, economic and politicalspheres of life; the removal of existing obstacles; the coordination anddissemination of information regarding the achievements of women and thepromotion of women’s access to international and national political forums.
Additional coordination offices had been established to assist in raising theawareness and consciousness of women.
139. Members of the Committee sympathized with women and men in the country
because of their sufferings as a result of Security Council resolution
748 (1992) concerning the aerial embargo, and said that such sanctions always
had a strong impact on the status of women and children.
Questions related to specific articles
Article 2140. The representative said that the principle of gender equality was clearlyspelled out in the Constitution and in the Great Green Document on Human Rights.
Libyan legislation protected the rights of all citizens, regardless of gender,
particularly in the fields of education, health, and social, cultural,
professional and political life, and set out corresponding measures to guarantee
those rights.
141. Replying to questions related to what kind of recourse action was available
to women who had been discriminated against, he stated that the Supreme Court
had stressed the principle of equality as a fundamental human right and that all
citizens had the right to resort to the courts in the event of any violation ofthat fundamental right. He pointed out that any laws that discriminated against
women had been abolished and that penal law did not contain any discriminatory
provisions.
Article 3142. The representative explained that the Government had adopted many executive
and administrative measures to safeguard women’s exercise of their rights andfreedoms in the same way as for men. Women enjoyed their natural rights inprofessional associations and syndicates and could assume their natural roles insociety.
Article 4143. Members felt that the Government had taken some special measures although
they were not reflected as such in the report. Members were doubtful whether
the meaning of article 4 had been properly understood. They expressed the hopethat the subsequent report would take those observations into consideration.
Members asked how the new Department of Women’s Affairs in the secretariat of-40-

the General People’s Congress cooperated with non-governmental organizations andwhether the department was considering taking temporary special measures.
144. Replying to those questions, the representative said that special measures
had been taken at the executive level in giving women the right to take posts inthe judiciary, to participate in female basic people’s congresses and otherconferences and in creating a military academy for girls.
Article 5145. Although members commended the prohibition of violence against women, they
asked what measures were established for preventing such violence and forprotecting the victims, and whether women were allowed to leave their husbands
in the event of violent acts. The representative stated that, according to thelaw, violence against women within marriage was prohibited. In cases of acts ofmarital violence, women could seek separation in court and unmarried women who
became victims of violence could also resort to the courts. No statistical data
were available, but violence against women did not constitute a dangerous
phenomenon in the country.
146. Regarding questions concerning female circumcision, the representative
stated that the practice of female circumcision did not exist in the country.
147. Referring to traditional attitudes, members queried the concept ofstereotypes in the country. Although the report stated that stereotypes had
been eliminated in textbooks, it suggested that the concept was maintained withregard to women’s roles in society. When asked which customs jeopardized theadvancement of women and what measures had been taken to remove such negative
traditional attitudes, the representative said that women’s concerns were taken
into consideration in all development plans, such as in the development ofschool curricula favourable to women. Women’s efforts to acquire knowledge andenter into judicial and diplomatic posts, as well as to pursue trades, undertake
vocational training and travel outside the country were manifestations ofchanges in the attitudes of Libyan society.
Article 6148. With reference to the general recommendations of the Committee regarding
the issues of violence against women, HIV/AIDS and the Declaration on the
Elimination of Violence against Women, members requested more detailed
information on the implementation of their provisions.
149. Considering that prostitution was a widespread phenomenon, members sought
more information on the de facto situation and the exploitation of women by way
of prostitution, and asked for relevant statistical data. Concerning law 70 of
1973, it was asked whether the sanction under article 407 applied to theprostitute or to the client, what the criteria were for an "indecent act" underarticle 408, whether male prostitutes were put under the same sanctions as
female prostitutes and what the sanctions for offences under articles 415 and416 were.
150. The representative replied that since traffic in women and forced
prostitution were punishable crimes, no policy measures regarding prostitution
existed.

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151. In additional observations, members requested clarification of the rights
of prostitutes who were also women and, as such, should be covered by theConvention.
152. Members inquired why sanctions against prostitution were linked to thoseagainst adultery.
153. The representative explained there was no discrimination in the punishment
for adultery, whether committed by men or women.
154. Addressing questions regarding artificial insemination the representative
apologized for the mistake of including the issue under article 6 and said that
artificial insemination was permissible only between husband and wife and thatit required the consent of both.
Article 7155. Clarification regarding the political organization of the country wassought, and members asked for detailed statistical indicators in subsequent
reports in order to illustrate the progress made.
156. Members inquired whether women’s organizations were set up by theGovernment or at their own initiative, and whether women had the right to vote.
They felt that what was stated in the report under article 7 reflected thepatriarchal structure of Libyan society and its discriminatory spirit, in thatdecisions regarding women’s issues were taken in special female bodies.
Furthermore, they inquired about the relationship between the People’s General
Congress and the female basic people’s congresses, and asked whether the female
congresses had decision-making power over national issues and, if so, which
ones. Members also asked which posts were exclusively reserved for women,because such measures could also be discriminatory against women.
157. The representative explained that the incumbents of the various politicalposts mentioned in the report were elected, not nominated. Women were admitted
not only to the female basic people’s congresses, but also to other forums. It
was difficult to quantify women’s participation in political life, but there
were special programmes for raising political awareness among women.
158. Regarding the statement in the report that "no political concentration
camps" existed in the country, the representative said that the correcttranslation should read "no female political prisoners exist in the country, atthe time of writing this report".
159. In additional observations, members expressed concern about the fact thatwomen could participate equally with men in times of war and carry weapons but
that, once the conflict was over, their political rights were overlooked.
Article 9160. In reply to the question whether women were made aware of their rights
under the law concerning nationality, the representative said that all laws were
published in the official gazette and could be consulted by any citizen.
Article 10161. Regarding comments made on the gap in enrolment figures between boys andgirls in secondary education and regarding questions about the reasons for that-42-

phenomenon, the representative said that it would be necessary to updaterelevant statistics and to investigate the reasons. No information was given
about programmes for girls who dropped out of school.
162. Members expressed concern about certain stereotypical attitudes in school
education. They asked for clarification of family-life education and whether
education was geared to girls and young women in such a way that they could takeadvantage of their rights. The representative said that coeducation existed.
Article 11163. Members requested data on all occupations, broken down by sex, and on
female unemployment. They wanted to know in which branches of activity women
were in the majority and whether as many women were employed in the private
sector as in the public sector.
164. Commenting on the provision that employers with a workforce of over 50
women were required to provide child-care facilities, members said that in
effect it prevented the opening of child-care facilities because only a few
enterprises had more than 50 working women.
165. Regarding inquiries about the professions that were deemed dangerous towomen and the request for explanations concerning the prohibition of night work
for women, the representative said that the list of dangerous professions was
not available and that the policy had been adopted not to discriminate against
women, but to protect them.
Article 12166. Questions under this article referred to the greater number of men than
women living in the Libyan Arab Jamahiriya and whether that was the result of
the higher mortality rate of women; the issue of teenage pregnancies in thelight of the health risks involved and their consequences for women’s
advancement; the position of disabled women and the reasons for the rule thatthe husband’s approval was necessary in cases of family planning.
167. Members noted that the large number of nurses confirmed that women mostly
took up traditional feminine careers and they requested statistics on theincidence of HIV/AIDS and information on policies and measures to prevent thatdisease.
Article 14168. Members asked what unpaid agricultural work was.
Article 16
169. Members sought clarification for the contradictory statements in the reportreferring to custody and tutelage after divorce and inquired whether theGovernment intended to remove such discriminatory practices as the passing ofcustody of the children to the father after divorce, the loss of all the woman’s
rights and the obligation to pay compensation in case of divorce by the wife.
Clarification was also requested for the provision under which a woman had theright to choose her husband and enter into marriage after consulting her legal
guardian.

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170. Regarding questions about marriages between close relatives and theirpercentages, the representative said that marriage to the mother, sister, niece
and aunt was banned. However, other marriages between close relatives werepermitted.
171. Considering that it was stated in the report that husband and wife had
equal rights but different responsibilities, members asked whether such aprovision, as well as the provisions regarding dowry, diminished the exercise ofequal rights for women.
172. Concerning the "limited framework" regarding polygamy, the representative
explained that Libyan legislation preferred monogamy and that polygamy was the
exception to the rule and on the decrease. Marriage to a second wife waspossible only upon written permission by the first wife or by the courts and,furthermore, only if the husband’s health and financial situation allowed it.
Regarding the reaction of women to the practice of polygamy the representative
said that they had the choice of objecting to it or accepting it. Members
questioned whether any woman would agree to such an arrangement except under the
threat of divorce or other forms of coercion.
173. Regarding the adoption of children, the representative explained that itwas not legitimate in Islam, because Islamic law did not permit giving a person
a name other than that of the father. Care of a child was acceptable withoutchanging its name.
174. He explained that the provision under which female children inherited halfof what male children inherited was not discriminatory to women, since womenacquired that part of the inheritance without commitments, whereas men had totake over all the concomitant obligations. Therefore, the Shariah should not beinterpreted as discriminatory. The members consequently felt that there was noneed to enter a reservation, because, with that interpretation, women weretreated equally with men.
175. In the course of additional observations members expressed concern about
the issues of inheritance and adoption.
Concluding comments of the Committee
Introduction
176. The Committee congratulated the State party on the information contained in
the report and the additional details provided to it orally. The Committee
noted with satisfaction that the report had been submitted within the prescribedtime-limit and that, in general, it respected the guidelines for presentation ofreports. The Committee appreciated the cooperation shown by the representativeof the State party, as well as the representative’s willingness to answer the
many questions raised by its members. However, the Committee regretted that thereport provided no information on the de facto application of the Convention, oron obstacles and difficulties impeding its implementation.
Positive aspects
177. The Committee noted with interest the progressive de jure measures adopted
by the State party to promote the integration of women into all areas ofdevelopment, particularly education and the armed forces.

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178. The Committee appreciated the political will to improve the status of womendemonstrated by the State party, as well as its determination to persist inefforts to speed up such improvement.
Principal subjects of concern
179. The Committee was concerned by the State party’s declaration of a generalreservation on ratifying the Convention and considered it to be incompatible
with the Convention’s purpose and objective.
180. The Committee noted with concern a contradiction in the State party’s
report. While the State party was on the one hand introducing revolutionary
measures for the emancipation of women, it was on the other hand emphasizing
their role as mothers and housewives, thus reinforcing what was already stiff
cultural resistance to substantial change.
181. The Committee regretted the lack of any specific information in the State
party’s report on the implementation of articles 2 and 5 of the Convention.
182. The Committee also noted a scarcity of information on the particular
problems of women in rural areas and the important role they played in thefamily economy.
Suggestions and recommendations
183. The Committee recommended that the State party take all the necessary
measures to reconsider the general reservation entered on its ratification of
the Convention.
184. The Committee recommended that, in its next report, the State party follow
the order of articles as set out in the Convention, so as to provide all theinformation required for their application in practice. It should also provide
information on the Committee’s recommendations, in particular on violenceagainst women, as well as statistics on women’s participation in all spheres.
The State party should take all appropriate legislative or other measures andintroduce all the reforms required to bring its national laws into line with thespirit and the provisions of the Convention. It should in particular ensurethat social and cultural prejudices did not raise new obstacles to women’sdevelopment, especially in rural areas.
185. The Committee also recommended that the State party strengthen existingmechanisms to advance the status of women, with a view eventually to eliminating
all forms of discrimination.

Madagascar
186. The Committee considered the initial report of Madagascar(CEDAW/C/5/Add.65/Rev.2) at its 236th and 237th meetings, on 18 and19 January (see CEDAW/C/SR.236 and 237).
187. In introducing the report, the representative of the State party pointed
out that the report suffered from certain gaps and outdated information. She
noted that there was a general lack of statistical data and that the last
national census had been taken in 1975. She provided information about recent
measures taken to improve the situation of women, including amendments to laws
and activities undertaken by the Directorate for Women’s and Children’s Affairs-45-

of the Ministry of Population, working in conjunction with non-governmentalorganizations such as the 8th of March Association. She stated that the newConstitution guaranteed complete equality for women and that a process of
democratization had been in progress since 1991.
188. The country’s economy had suffered as a result of structural adjustment
programmes, so that workers were the lowest paid in the world.
189. Her country had participated in an African Regional Preparatory Meeting for
the Fourth World Conference on Women and a national workshop had been organizedin September 1992, which was being followed up by regional workshops within the
country.
190. Traditions and customs in the country were important and in certain cases
constituted obstacles to women’s achievement of equality, while in other cases
they favoured women.
191. She noted that the report did not provide information on articles 1, 2 and3 because it was considered that the articles were phrased too generally forspecific comment.
General observations
192. Members of the Committee expressed concern that the report lacked
statistics that could indicate the de facto situation of women and noted that it
lacked details on many points. In response, the representative of theGovernment noted that the next report would contain more statistics and would go
into greater detail about issues. In many respects the country had lacked
sufficient administrative infrastructure to provide much information.
193. Members of the Committee stressed their concern about the effects ofstructural adjustment programmes on women’s advancement.
194. Referring to the question of traditions and customs, it was also pointed
out that traditions were deeply rooted; however, modernization did not mean
abandoning them but adapting them. Women were not just a vulnerable group but
half of the population and that fact had to be taken into account when talking
about progress.
195. The question was asked whether there had been any benefit to the country’s
having ratified the Convention. In response, the representative noted that
ratification had resulted in article 6 of the new Constitution, which ensured
that there would be equality between men and women, and a special preambular
provision in the Constitution related to the Convention. That meant that, under
the positive law doctrine in force in the country, the Convention wasincorporated into all laws. In a follow-up comment, members noted that theConvention on the Elimination of All Forms of Discrimination against Women was
not specifically mentioned in the Constitution, in contrast to other humanrights instruments. It was observed that the Convention could help in improving
the situation of women, particularly through the implementation of article 4.
196. In response to a question about the extent to which non-governmentalorganizations were involved in preparing the report, it was stated that aneffort would be made to consult with such organizations in preparing the nextreport.

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Questions related to specific articles
Article 2
197. Having noted that no report had been made on article 2, members of theCommittee stressed the particular importance of the article, which contained theentire normative infrastructure of the Convention and established the basis for
the Convention’s implementation. It was noted that the report reflected apatriarchal influence that would have to be addressed step by step to update therole of women, in order to raise their status in the country. In that respect
there was a need for changes and new orientation.
198. In reply, the representative informed the Committee that the Government had
thought there was no need to provide details as they would have emerged
naturally from the development of the following articles. She stated that the
information would be included in the next report. She also noted that there wasa constitutional prohibition against discrimination based on sex and that there
was a provision for appeals to the Constitutional Court.
Article 4199. The representative noted that no special measures had been taken. Members
expressed some concern about that matter, referring especially to the fact that,in its report on article 8, the Government had indicated that there was no
prohibition with regard to public service. That was insufficient and a more
proper reply would be to take positive measures. There was a tendency to see
only de jure matters, whereas de facto change was as important. It was notedthat in fact it seemed that some special measures had been taken.
200. In reply, it was noted that the workshop in 1992 mentioned above hadrecommended 50 per cent participation by women in decision-making and that, in
1993, the 8th of March Association had called for a 25 per cent quota for womenin the National Assembly, although that had not yet been achieved.
Article 5201. In assessing the implementation of the article, the representative notedthat it was difficult to specify whether changes in attitudes had occurred.
There was a project under the Ministry of Population with UNFPA funding that wasconcerned with family-based education and income-generation by women, which
included telling women about their rights. She also noted the important role ofnon-governmental organizations, particularly women journalists and the
Association of Women Jurists.
202. It was asked whether the Government had a policy to eliminate
discrimination in the labour force and whether there was a plan.
203. In reply, the representative noted the centres that had been established to
be used for education and training, which sought to mobilize women for action.
The Government had two programmes on the radio to provide education on family
law.
Article 6204. The representative noted that the problem of prostitution was found in theinformal sector and was related to poverty. It was also related to rural-urban-47-

migration and urban growth. While it was illegal, laws were difficult to
enforce because of an inability to recruit additional police.
205. The attention of the Government was drawn to the Committee’s generalrecommendation 19 on violence against women, and information was requested onwhether women and women prostitutes had the same rights to protection against
violence as other women and access to health services and HIV/AIDS programmes.
In reply, the representative stated that prostitution was generally disapprovedof but that the society was flexible in condemning women because of the existing
poverty and the need to survive. Violence was considered a breach of the law
whether it involved prostitutes or other women, but had degrees of seriousness
that were penalized appropriately, ranging from fines to imprisonment.
Article 7206. The representative stated that women enjoyed equal rights with men withregard to voting and holding office. There were 7 women deputies out of 138 in
the National Assembly, although only one female member of the Government, theState Secretary for Higher Education, was a woman. The President of the Appeals
Courts was a woman, as well as one of six university rectors, and women were
found at other levels of the government administration, including the Office of
the Controller, which was headed by a woman. In August 1993, a campaign had
begun to put women at the head of electoral lists for the next elections in
1994.
207. More details were requested in the next report on the issue of women anddecision-making as well as information about the causes for their limited
participation in that field.
Article 8208. The representative noted that there was no prohibition against women
representing the country at international levels, but no women had been
appointed ambassador since independence.
209. Commenting on that matter, members of the Committee raised questions about
the actual situation and the measures taken to bring the equality in law into
practice.
Article 9210. Regarding the question of nationality, the representative said that
equality was not a problem.
211. Referring to the exceptional circumstances in which the nationality of a
Malagasy mother could determine the nationality of her legitimate children, thequestion was asked what would be the situation of a child who had to wait until
she or he was of age to claim the mother‘s nationality if the parents divorced.
It was asked whether she or he was still prevented from receiving the mother‘snationality.
Article 10212. The representative stated that equality of access to education was
stressed. She noted that in the provinces female enrolment was higher than maleand that, in general, the success level was higher for girls than for boys. The
situation had been jeopardized by the acute economic crisis because, when-48-

individual choices had to be made to send only some children to school, boys
would be given preference.
Article 11213. The representative indicated that laws guaranteed equal rights in
employment in both the public and the private sectors. In 1993 a growing numberof women had begun working in factories, especially in the export-processingzone and in clothing manufacturing. There had been some harassment of womenreported in the export-processing zone, as well as threats by companies. The
salaries paid were at the lowest levels in the world.
214. Differences were noted between the benefits provided in the public and in
the private sector with regard to maternity leave and the reasons for that weresought. In reply the representative noted that the differences were due to thenature of the employer. It was easier to have the Government comply than theprivate sector, although the attitudes that led to the differences should be
deplored.
Article 12215. The representative indicated that there was also equality between men andwomen in health issues but an increase in maternal mortality had been noted inrecent years.
216. Members of the Committee were concerned by the situation of rural women andtheir access to health, and questioned the method used for family planning andthe high level of women’s mortality. The representative stated that both men
and women enjoyed the same rights concerning health. Nevertheless, two factors
affected women’s health: insufficient medical assistance and family planning.
Those factors had thus determined the objectives of the national policy on
population.
217. In answering a question whether there were special programmes for women’s
health, the representative stated that there were some programmes, such as that
relating to breast cancer, and that HIV/AIDS was not a major problem in the
country. In response to a question on female circumcision, she said that it was
not practised.
218. The Committee requested an assessment of the results of the implementationof health policies in effect and how they influenced young people, the use ofcontraceptives by women and the involvement of non-governmental organizations in
those programmes. The Committee also expressed interest in legal literacy toenable women to defend their own rights.
Article 13219. The representative stated that women had guaranteed equal rights toassistance provided to the family and facilities for credit as well as for their
participation in cultural and sports activities.
Article 14220. The representative stated that women were guaranteed a right to participate
equally in agricultural activities.

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221. Taking into account the fact that the majority of the population lived inrural areas, information was requested on measures that had been taken in
respect of agrarian reform, irrigation, credit systems and other agricultural
inputs. The representative stated that women in the rural areas could
participate fully in organizations aimed at their advancement and that they
could own land.
222. In reply to a question raised in connection with the establishment of abank for dealing with credit in the rural areas, the representative stated that
it was a major concern in the country. However, the bank that would deal withthat issue had not been established. There was a project for women which had
set up a savings bank in mid-1993; no assessment had been made as yet.
Article 15
223. The representative informed the Committee that there was no discrimination
against women in the justice system and they enjoyed legal provisions on equalterms with men. Women could appear in court and represent themselves, represent
others, become members of the jury, have general access to legal recourse,
execute a will and be witnesses without interference from their husbands.
However, in certain regions there was a custom according to which women could
not inherit, although that was not supported by law. They could inherit only if
a will had been executed.
Article 16224. The representative provided additional information, stating that married
women could retain their maiden names even in the context of their traditions.
With respect to any apparent differences between men and women, when adultery
was committed by a wife it was considered a major offence, while in the case of
the husband it was regarded as a simple offence with minor penalties. She
expressed disapproval in that regard, and indicated that women were working
together to tackle that point in the National Assembly. In order for women to
enjoy peace, equality and development, they needed to win their rights.
225. Questions were raised about the situation of married women, including
equality in the choice of domicile, and the implementation of laws that placed
women in a disadvantaged position with respect to men. Other issues raisedalong the same lines concerned unregistered common law unions and othertraditional practices that affected the dignity of the woman, for example, when
the husbands had to pay compensation in cases of conflict and temporary
separation; the difference in legal age for marriage between boys and girls; theprovision of the Convention on the Rights of the Child, by which a 14-year-old
was a child, and the provision of the national law granting the right to marry
to a 14-year-old girl; polygamy, which, although forbidden by law, wasincreasing; inheritance rights and property rights.
226. In response to the questions, the representative explained that some
practices and traditions were favourable to women, who did not object to them.
Examples included being allowed to retain their maiden names and to receive
gifts in the course of solving marital conflicts.
227. According to the representative, in the view of the women of the country,
the compensation that was provided by the husband to the wife was not considered
as a price but as a penalty. It was also seen as a way of apologizing, which
the women liked very much. In addition it was also seen as a compensation forabuses by the husband.

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228. She explained that polygamy was beyond the control of the law as the
problem lay in the gap existing between the law and its enforcement. Many
people lived at the margin of the law and, given the inadequate number ofpolice, people could easily violate the law with impunity.
229. In providing an explanation in connection with spousal inheritance rights,
she said that, in the absence of a will, the surviving spouse was relegated tothe eighth place among the heirs by virtue of a custom of retaining the property
within a family and thus giving preference to children in terms of inheritance.
230. With regard to the property acquired during the marriage, she provided
additional information to the effect that, when one of the spouses died, thecommunity property came to an end and, in accordance with the law, the property
acquired during marriage was divided into two if no will had been made.
Customary practice supported the principle that property acquired before themarriage remained the property of the family. There had been changes in the newlaw with respect to domicile, according to which the decision had to be taken
jointly by the spouses. Another change indicated concerned the pension for thewidow of an official, who was now allowed to continue receiving the pension of
the late husband. Those points were indicated as part of the progress made withrespect to equality of women.
231. The differences between boys and girls in the allowable age for marriage
had been based on fecundity. It was noted that the practice was also contrary
to the Convention on the Rights of the Child.
Concluding comments of the Committee
Positive aspects
232. The Committee commended the presentation of the report by the distinguishedrepresentative, and members expressed their gratitude that, in spite of thenumerous difficulties facing the country, it has been possible for the country
to submit the report.
Principal subjects of concern
233. The Committee expressed its concern about the long delay in the submissionof the initial report. The report was found not to elaborate on many of thearticles. It failed to report sufficiently on several essential articles of theConvention, such as articles 1, 2 and 3. That was serious because article 2 wasconsidered the heart of the Convention.
234. The Committee expected that serious omission to be rectified in the nextreport, even although, during the dialogue with the representative, an attempt
was made to report on article 2.
235. Education and training were considered the springboard to development. In
giving females education and training, care must be taken not to concentrate on
traditional female occupations to avoid stereotyping and also to give them theopportunity of having better-paid occupations.
236. As a matter of priority, obstacles to female employment needed to be
identified and addressed by the Government. That would help change the false
conception of women’s capabilities and their role in the field of employment.

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Suggestions and recommendations
237. To allow the Committee to have a clear picture of the status of women in
Madagascar, it was important that subsequent reports include gender-segregatedstatistics.
238. Since the report did not comment on article 2, and information was given
elsewhere on legal systems aimed at equality between men and women, the nextreport should give clear information on that, and on the de facto situation of
women.
239. Generally not much had been done to enhance the status of women.
Traditional sex roles were deeply embedded in the culture and were generally tothe disadvantage of women. The workload on rural women was very heavy. The
Government should use article 4 of the Convention to accelerate the advancementof women in Madagascar.
240. The two unequal laws on adultery should be abolished. Those laws were very
discriminatory. The law on inheritance also needed urgent review to ensure thata woman’s right to inherit was equal to that of a man.
241. The widespread practice of customary marriage might put women and children
into a vulnerable situation and the next report should indicate how legal
provisions were applied in situations to safeguard the rights of the wife andchildren.
242. The Government of Madagascar needed to improve the health services ingeneral and particularly for women because improved health status of womeninvariably improved the overall development of any country.
243. The next report should indicate what effective measures were being taken by
the Government to counter the alarming situation in women’s health. It should
also provide more information on violence against women, especially on women
engaged in prostitution, and their health status.
244. The health situation in Madagascar was deteriorating despite the fact that
free health services were available to all. A rising child and maternalmortality rate and declining life expectancy was totally unacceptable if any
meaningful benefit was to be derived from the ratification of the Convention. A
very high death rate of women due to abortion was also a matter of great
concern.

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Netherlands
245. The Committee considered the initial report of the Netherlands(CEDAW/C/NET/1 and Add.1-3) at its 234th and 239th meetings, on 17 and20 January (see CEDAW/C/SR.234 and 239).
246. In introducing the report of the Netherlands, which consisted of threeparts, one concerning the European territory and two others concerning theautonomous islands of the Netherlands Antilles and Aruba, the representative of
the Government stressed that the Convention was considered to be an integral
part of the internationally recognized human rights instruments that formed partof the Netherlands legal and political order. The Convention was valued not
only as the international legal basis for the national programme of legal
reforms, but also as a source of reference for the development of policies andprogrammes for women’s equality. She outlined important revisions of andadditions to existing legislation as a result of the ratification of theConvention.
247. In referring to the country’s emancipation policy, she said that thecoordination and integration of the policy in all ministries and departments washampered by the fragmented structure of administrative and politicaldecision-making, which constituted an obstacle to the effectiveness of thenational machinery. Efforts to redress that problem included the use of the
Department for the Coordination of Emancipation Policy as a centre of expertiseon policy-making in matters of equality. She said that part of theemancipation-support policy was the provision of financial support tonon-governmental organizations for their activities in this field.
248. She stated further that under the law of the Netherlands a Convention towhich the country had become a State party automatically became part of theNetherlands legal order, and that national laws and regulations which were
contrary to the Convention’s provisions lost their validity. In the course ofher explanation of the ratification process, she mentioned the adoption, in thevery near future, of a general equal treatment act. The Government was
instructed to report to Parliament on the implementation of the Convention four
years after its entry into force and every subsequent four years. She cited, as
an example of the functioning of the Government’s emancipation support policy,
the preparation for the Committee of a "shadow report" by non-governmentalorganizations, which counterbalanced the official report because it accuratelyreflected the relationship between the Government and private voluntaryorganizations, and an additional advisory report by the external advisory bodybelonging to the national machinery.
249. The representative of the Netherlands Antilles said that the Convention not
only contributed to identifying some existing deficiencies in the infrastructurewith regard to the implementation of some of its provisions, but it also showed
constraints in the field of reporting in general, for instance with regard to
the collection of statistical information. She emphasized the relationshipbetween economic activities and their effect on the status of women andconfirmed her Government’s intention never to let the economic status of thecountry justify non-compliance with the provisions of the Convention. She said
that the pace of the Convention’s implementation could be affected by different
factors in the community.
250. She reported on a decrease in the unemployment rate among women in recent
years and a recent decision to apply the principle of equal pay for equal work
to all civil servants. Consciousness-raising programmes on gender issues had-53-

been carried out. She also highlighted the role of the Bureau for Women’s
Affairs as the coordinating body of the national machinery in the field of womenand development and said that one of the priority areas of its agenda wasviolence against women.
251. The representative of Aruba pointed out that the entry into force of theConvention had given a new impetus to the rights of the female population. The
rapid economic development in the last five years had caused a sharp increase in
the participation of women in the local labour force. While the proportion of
women in the labour market increased to over 50 per cent in 1993, thecorresponding changes in labour conditions and in the social field, which werenecessary to facilitate the combination of professional work and family tasks,
were still lagging behind. The Government of Aruba was, therefore, studying thepossibility of part-time work and an increase in the number of day-carefacilities.
252. The representative said that the predominant influence of economic factors
on important areas of the society explained why it was that women were notparticularly active in women’s rights movements. However, they were pioneers inproviding information about HIV/AIDS and were very active in providing
information on, and preventing, child abuse. The Aruban Human Rights Committee,
which was formally installed in 1993, dealt with reporting obligations and was
authorized to advise the Government on human rights issues and to raise
consciousness among the population about the existence of human rights in asociety where there was no network of non-governmental organizations. The
Committee had also introduced human rights education in the general school
curricula. The Convention had been translated into Papiamento and presented ina simplified version to the public.
General observations
253. Members of the Committee commended the extensive, very detailed report,
which adhered to the general guidelines and also contained ample statistics andgraphs, and its presentation to the Committee. They welcomed the fact that theConvention had led to revisions of and additions to existing legislation andthat it had been ratified without reservations. They noted that human rights
education was included in school curricula and that the Convention had beentranslated into the native language of Aruba. Members were favourably impressedby the fact that, one year before presenting each subsequent report to theCommittee, the Government would have to report to Parliament, and they commended
the concern that was shown about the issue of sexual preference. Members notedthat the Government gave support to women’s groups. In reaction to the members’
concern as to why non-governmental organizations had not been consulted in thecourse of the report’s preparation, the representative explained that much value
was attached to the distribution of power and the spread of responsibilities in
the country. Since non-governmental organizations were independent, they were
responsible only towards their respective constituencies; they could criticize,question or judge governmental policies, but were never responsible for them.
The critical input of non-governmental organizations was sometimes a challenge
to government policy, but was never an integral part of it; in that way thoseorganizations did not lose their independence.
254. Members made specific reference to the "shadow report" prepared by
non-governmental organizations and were interested in the Government’s reaction
to some of the issues addressed in it. The representative said that it was notnecessary to discuss all the issues raised in the shadow report, since many of-54-

the same issues would be addressed under the different articles of theConvention.
255. In reaction to the observation that the report should have been more
result-oriented and should have given a more in-depth analysis of both thestatus of women and the policy approach taken by the Government, therepresentative explained that that was partly the result of the fact that
contributions to the report came from different parts of the Administration andthat it proved difficult to follow the Committee’s guidelines without losing
sight of the country’s policy priorities. Committee members felt that the manyefforts undertaken were not matched by an equal number of positive results.
256. Whereas some members commented on the fragmented nature of the national
machinery, others said that its structure highlighted the political will of theGovernment to introduce the policy of women’s rights into the mainstream. The
representative replied that, in her country, national machinery meant a complex
of various institutions responsible for dealing with different aspects of theadvancement of women. The main political responsibility for the emancipation
policy rested with the State Secretary for Social Affairs and Employment and, atthe administrative level, its core was the Department for the Coordination of
Emancipation Policy. The Emancipation Council and the Equal Opportunities
Commission also belonged to the broad national machinery. In addition, the role
played by other ministries and departments, local and regional authorities,
trade unions and non-governmental organizations was also highlighted. In
follow-up remarks, members asked whether the transfer of responsibility on
women’s issues to the regional and municipal levels posed a danger, andrequested information on this in subsequent reports.
257. When members stated that women’s issues should also be included in themainstream of the activities of all of the government departments in the
Netherlands Antilles, the representative said that the national machinery had
started to function in 1989 and had been restructured under the competence ofthe Minister for General Affairs, who was currently the Prime Minister. In
1992, the Government had organized a workshop on human rights and the reporting
procedures for participants from different social strata, during which theConvention was also dealt with. It was important for the national machinery toreceive information on gender bias from all interested parties in order totackle the areas of concern in a structural way. Data were currently gatheredin an insufficiently uniform way and the conduct of research in the five islands
that comprised the Netherlands Antilles faced practical difficulties, related tothe decentralization in several policy fields and the specific needs andcharacteristics of the different islands. Recognizing the need for population
studies, the Bureau for Women’s Affairs was working on an integral draft policy
plan for women and development.
258. The representative of Aruba reported that in 1986 the Government had
appointed a "focal point" for women’s affairs at the Directorate of Social
Affairs. Despite numerous efforts, that had not yet led to the development of
an integral and interdepartmental emancipation policy.
259. Members expressed their hope that the island countries would be kept
informed about the presentation of their reports to the Committee and about theCommittee’s reactions.

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Questions related to specific articles
Article 2260. In reply to questions about what was meant in the report by "the working of
the Constitution on equal treatment in horizontal relationships", therepresentative of the European territory said that "horizontal relationships"
referred to relationships between citizens, as opposed to the "vertical
relationship" between citizens and the State. One of the main aims of theanti-discrimination legislation was to determine in which cases citizens were
obliged to respect the fundamental rights of their fellow citizens and in which
they might follow their own convictions.
261. Commending the measures taken to combat the problem of violence against
women, members asked which measures had proved to be the most successful andrequested information on the amount of money spent on those measures. The
representative explained that the various instruments that had been used in that
respect were changes in legislation, research and care and assistance tovictims. The prevention of sexual violence was a policy priority. In 1993,
approximately $40 million was spent on various policy measures, such as
shelters, information and innovative projects and the supporting structure. The
responsibility in all such matters lay with various ministries.
262. Replying to the question how many women had made use of the possibility offiling recourse action in cases of discrimination, the representative said that,since its revision in 1989, the Equal Opportunities Act had been used in some
40 to 50 court cases and over 500 cases had been dealt with by the Equal
Opportunities Commission. Referring to the new guidelines for publicprosecution concerning cases of discrimination, of September 1993, therepresentative stated that they would be reviewed after the entry into force of
the General Equal Opportunities Act.
263. More information was requested on the follow-up policy document on sexual
violence against women and girls. The members of the Committee made positive
comments on the Government’s interpretation of equal access of women to jobs inthe military.
Article 3264. In reply to the members’ requests for copies of the social atlas on thesituation of women, the representative said that it was available only in Dutch.
265. When asked who was responsible for financing support centres at thenational, regional and provincial levels and whether a coordinating body for thevarious levels would be set up, as well as whether the Government intended to
institutionalize the funding for women’s centres, the representative explainedthat each case was different. Some ministries subsidized certain projects on apermanent basis, whereas other organizations and national support centres were
funded for limited periods. Often after the initial period an evaluation was
conducted and it was decided on a case-by-case basis whether the subsidy should
be prolonged and which party should take the responsibility. The overall
responsibility for the emancipation support policy resided with the State
Secretary for Emancipation Policy.
266. Regarding the summary of the position of women based on most recent
statistics, referred to in paragraph 323 of the report, the representative said

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that it was unfortunately not available in time for the session and would besent to the members of the Committee immediately after publication.
267. Reacting to the disappointment expressed by members at the abolition of the
Cabinet Committee for Emancipation Policy in 1991, the representative explainedthat that was the result of a process of political and administrative reform.
268. Members asked how it was possible that the Queen could be President of theCouncil of State, which was the highest advisory body in the country, serving
her in fact with advice.
Article 4269. Regarding a request for further information on the targets set and thetimetables provided for temporary special measures, the representative statedthat the goal of government policy was to impose positive action or preferential
treatment by law only as a measure of last resort. Although the Government had
set targets to increase the number of women in almost every sphere of the civil
service, no sanctions were applied if targets were not met.
Article 5270. Members welcomed the reports from non-governmental organizations on
article 5 and requested clarification of the policy for equal rights of lesbian
women. The representative postponed presenting an overview of related
government policies and programmes to the second periodic report.
Article 6271. It was asked whether, within the Bureau for Women’s Affairs, there were
special departments to deal with the abuse of women and children. The
representative of Aruba stated that the issue remained a sensitive area ofconcern. According to data obtained from the Police Department, offences
related to the sexual abuse of women and children constituted a considerable
part of their workload and the figures were increasing. A private organization
had been set up to help children who were victimized by such crimes and adults
could seek legal redress or obtain help at the Bureau of Family Difficulties.
272. Doubts were expressed as to whether voluntary prostitution could beconsidered an entirely personal matter and a profession. Confronted with theissue of the forced prostitution of immigrant women, the representative of theEuropean territory of the Netherlands replied that traffic in women wasconsidered a problem of forced prostitution and that persons who were illegallyin the Netherlands and had been forced into prostitution would be granted aresidence permit for the period of time covering any investigation into theirsituation and the court session.
273. Regarding the HIV/AIDS situation in the Netherlands, it was reported that
the Government had been formulating a policy on HIV/AIDS since the beginning of
the epidemic, a policy which was being implemented at national, regional andmunicipal levels, in close cooperation between the competent health ministry andinterested groups. Its key aims were prevention of the further spread of HIV,care, research and prevention of discrimination against infected persons,
including AIDS-information campaigns for prostitutes.
274. Regarding a question about the reasons for the increase in sexual violence,
the representative said its increase was not influenced by the fact that-57-

pornography was not prohibited. It was even possible that the availability of
pornography for adults had had a restraining influence on the incidence ofviolence against women.
Article 7275. The Committee commended the way in which the report of the Netherlands
mentioned the dates of introduction of male suffrage and universal suffrage,
when the vote was conceded to women. They expressed surprise at the scarcereferences in the report to policies of the European Union that promoted
equality of opportunities between women and men. Members asked what thereactions of the Government and non-governmental organizations were to positive
measures, including legislation to include a larger number of women in electoral
lists, and they requested further clarification on the electoral system and on
the possibility of modifying lists of candidates in order to introduce more
women. The representative explained that one of the main aims of theemancipation policy was to try to increase the number of women in politics andpublic administration. As the candidates were put forward by the autonomous
political parties, and the Government had no influence in that sphere, it could
only exercise indirect influence through measures such as the provision of
grants to political parties for activities aimed at increasing the number ofwomen in politics or the setting-up of special working groups dealing with theissue. The political parties themselves decided on the names and the order ofcandidates on the list and it depended on the importance given by the individual
parties to women in politics as to whether women were elected.
276. Regarding the size of grants given to political parties, the representative
said that an amount of about $2.7 million per year was given by the Government
to political parties for training, education and related activities, but only if
the activities were related to matters of importance to the functioning of thedemocracy, and only if a party was in financial difficulty.
277. In response to the request for an analysis of the progress made and the
obstacles encountered in securing parity democracy, the representative explained
that, regarding the composition of elected bodies, parity between women and men
was not an objective to be achieved by the Government and that parity democracy
was rejected as conflicting with the basic principles of democracy itself.
278. In answer to a question about the target figure for female Queen’s
Commissioners, the representative said that new Queen’s Commissioners wereappointed by the Cabinet, according to the relative strength of the politicalparties in the Second Chamber of Parliament, from among "the veterans" from thefield of public administration, only a few of whom were women.
279. Regarding the number of women in administrative and political positions inprovincial and municipal governments, the representative said that detailed
figures would be provided to the Committee in a brochure.
280. Further questions were posed as to whether the marked decline in themembership of most political parties was the same for women and for men andwhether women’s membership in non-governmental organizations had increased.
Considering that some parties mandated that their members belong to a particularchurch, it was asked whether there was a danger of religious fanaticism.
281. Regarding the number of women deputies in the Parliament of the Netherlands
Antilles, their representative stated that currently 13 per cent of the members-58-

of Parliament were women, and 30 per cent of the ministerial and juniorministerial posts were occupied by women.
Article 8282. Asked about government policies to increase the number of women in the
diplomatic service, the representative of the Netherlands explained that policy
measures were geared towards the recruitment and promotion of women and that
preferential treatment was applied in cases where candidates had equalqualifications. In the case of couples with both partners in the diplomatic
service, a number of arrangements had proved to be satisfactory to all parties
concerned.
Article 10283. Members inquired whether programmes demonstrated that a lack of education
was an obstacle to gender equality.
Article 11284. Regarding the employment rate of women, which until recently was relatively
low in the Netherlands, it was said that it could be explained by historical,
economic and social development, but that thus far social scientists had notbeen able to give a generally accepted answer.
285. As to the question whether the increased number of women in part-time
employment was a manifestation of direct or indirect discrimination against
women, the representative said that that was not the case. Most women sought
part-time jobs themselves in order to achieve a better balance in their lives
between their various duties, and men too were looking for part-time work.
286. Regarding questions concerning the number of working hours that qualified a
job as part-time and the percentage of women working in double part-time work,
the representative stated that, in general, that qualification was applied tojobs with less than 38 to 40 hours per week and that no statistics wereavailable on the number of women working in double part-time jobs.
287. Considering that women were highly concentrated in a limited number ofoccupations, in spite of having the same educational level as men, several
measures were being taken to redress the situation, such as awareness campaigns
through teaching materials and the media.
288. The representative said that the requests for more information on pay
differences between women and men and pay for work of equal value would beanswered and supplemented by statistics in the second periodic report. Groupaction was possible in cases of unequal pay, and that was one of the main
reasons for having introduced group action. Data on female agricultural workers
would also be supplied in the subsequent report.
289. Members inquired whether sanctions existed in the event that the public
employment services did not meet the set targets. Regarding women working in
the private sector, the organizations and enterprises concerned carried out
affirmative action for which they could receive government grants.
290. Asked about the volume of paid work at home, the representative said that
official statistics differed a great deal from one set of statistics to another-59-

and that legislation to improve the situation of those doing paid work at home
was in preparation.
291. Regarding questions about the position of women enrolled in private social
insurance schemes, the representative said that any related problems should soon
disappear in view of the forthcoming implementation of relevant legislation.
292. In response to questions about the former and the current taxation
situation for women, and concern expressed by members about the negative effectof the so-called breadwinner’s benefit in the system of personal income tax on
women’s participation in the labour market, the representative stated that the
major tax reform in the 1980s removed de jure differential treatment of womenand men. A person’s decision to enter the labour market was influenced byvarious considerations. It was, therefore, not certain whether the systemreally functioned as a disincentive for all women to enter the labour market.
293. Members asked whether the Government provided child-care facilities tosingle and unmarried mothers, whether affirmative action was undertaken aimed at
employing more women in managerial positions and what the social security
situation and unemployment benefits of women as compared with men were. Memberscommented that the labour market schemes and targets for unemployed women were
not obligatory enough for officials.
294. Regarding the question whether women who suffered discrimination at work
could refer in court to article 11 of the Convention, the representative repliedthat it was possible only in litigation against the State, but not against aprivate employer or another citizen.
295. When asked whether the Government of Aruba was planning to eliminate theprovision according to which dismissal on the grounds of pregnancy was legal,
the representative of Aruba stated that in the instance of female government
employees no cases of dismissal on the grounds of pregnancy had ever beenpresented. In the private sector, dismissal required special previous approvaland pregnancy was not considered to be sufficient reason to grant suchpermission. As the Civil Code prohibited dismissal in cases of sickness,pregnancy was considered to be included under "sickness".
Article 12296. In reaction to the comment by members that the report was not detailed
enough on the question of health, the representative of the Netherlands said
that in 1994 a study would be conducted on the access of women to healthservices.
297. Replying to a question about the availability of special programmes for
women who were already infected with HIV/AIDS, the representative said thatwhile all government programmes were accessible to both women and men, theGovernment subsidized a "Women and AIDS" office and self-help groups were trying
to get women out of their isolation. Although tourism was one of the mainindustries in Aruba, the prevalence of AIDS infection was relatively low. The
National AIDS Commission offered care and counselling, as well as control
measures, including health education. Specific information and guidance wasalso provided to prostitutes.
298. Following a request for further information on drug addiction among womenand related programmes, the representative of the Netherlands explained that thecentral objective of the drug policy was to reduce, as much as possible, the-60-risks that drug abuse presented to the users, their environment and society.
pragmatic approach to the problem proved to be more effective and statistics
showed that generally one woman was addicted for every three men.

A

299. Asked about the Government’s position on euthanasia, the representative
stated that she did not think it proper to link euthanasia with women’s issues.
300. Referring to the question whether there was legislation regarding
artificial insemination and whether it was based on ethical or on scientificprinciples, the representative replied that artificial insemination was not
regulated by law. However, hospitals had their codes of conduct and an
individual physician with a different view on the matter could refer a woman toa colleague to undertake the procedure. It was important that women applying
for that procedure not be refused on the basis of their marital status, sexual
preference or lifestyle. Pregnancy at an advanced age was currently not coveredby law.
301. Members of the Committee requested clarification about the abortion policyin the country. It was explained that the reason for the five-day waiting
period was to safeguard responsible decision-making and to give the women the
chance of reconsidering if they wished to. Abortion could be carried out only
by a physician in a hospital or clinic with a permit and was allowed only in a
medically or socially untenable situation in which it was deemed necessary.
Article 16302. Turning to the question whether any reform was under way regarding theorder of names of married couples, the representative reported on a bill on
equality between men and women in choosing family names that was currently being
considered by Parliament.
303. Regarding the question whether cases of rape within marriage had been dealt
with in court since the entry into force of the new legislation in 1991, therepresentative replied that there had been some cases, most of them situations
Replying to ain which the spouses were divorced de facto, but not de jure.
related question, she said that, before that law was adopted, a replacement of
the words "through force" by "against the will" had not been considered, since
it would have given a chance to question the victim about her attitudes.
304. Regarding the high number of divorces in the Netherlands Antilles, thesocial, cultural, economic and political reasons for that phenomenon and thequestion whether it was not also influenced by the low minimum age of marriage
for women, the representative replied that currently the Civil Code wasundergoing an integral revision. In spite of the low minimum age of marriage,
women generally entered into marriage at the age of 18 or above. Experience
showed that reasons for divorce were short periods of marriage, especially if
the wife was self-supporting, domestic violence against women, unfaithfulness ofthe husband and the general empowerment of women.
305. Responding to an additional question relating to international technicalcooperation, the representative stated that development cooperation relating to
the women in development policy had to operate within the overall development
policy, which might force the Government to take a more selective approach.

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Concluding comments of the Committee
Introduction
306. The Committee commended the State party for not entering any reservations
and for undertaking such conscientious efforts in legislation as well as othermeasures, first before ratifying the Convention, and secondly for its
implementation.
307. It also applauded the State party for presenting such an extensive report,
including a general description of the country and statistics on the situationof women. It wished, however, for a more in-depth analysis and a more resultoriented description of legal and other policy measures in subsequent reports,
including more comparative data, as well as information on the financial cost of
the projects described.
308. It noted with satisfaction that the answers given by the State party to thequestions posed by the Committee filled many of the lacunae and even further
improved an already excellent presentation.
Positive aspects
309. The Committee commended the State party’s efforts to establish acomprehensive national machinery as well as the requirement for each futurereport on the Convention to be submitted to Parliament before being presented to
the Committee.
310. It noted with appreciation the extensive research, policy and support
measures taken by the State party that explored the causes of and combated thevarious forms of violence against women.
311. It also commended the financial support given to women’s initiatives andwomen’s organizations by the Government as well as its willingness to listen to
their concerns and demands. The Committee also applauded the fact that theState party implemented the Convention by developing policies and other measures
to eliminate discrimination based on sexual preference.
312. It noted with satisfaction that the Netherlands Antilles and Aruba actively
implemented the Convention despite economic difficulties, including publicizing
its content in general and in the schools.
Principal subjects of concern
313. The Committee voiced concern whether the mainstreaming of the State party’s
national machinery impacted on its effectiveness. In this respect it also notedwith concern that the transfer of equality policies and measures from thecentral to the provincial and municipal levels might result in a loss ofpolitical will and financial support.
314. Another concern was raised by the character of an emancipation policy thatgave only limited financial support to women’s projects rather thaninstitutionalized support.
315. The Committee also expressed concern on the thinness of the State party’s
reporting on article 11 compared to the reporting on other articles and wondered
whether this reflected insufficient attention by the Government to women’s
employment issues.

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Suggestions and recommendations
316. The Committee suggested that in the second report more information should
be given on the national machinery of the Netherlands Antilles and theNetherlands Aruba. It recommended the inclusion of more information on thelegal and other policy measures to eliminate discrimination on the grounds ofwomen’s sexual preference as well as on the results, including data, of theefforts of provincial and municipal governments regarding policies and othermeasures for women.
317. It suggested that more result-oriented policies regarding women’s
employment, including affirmative action, pay issues and child care, were to be
pursued and to be reported upon.

Zambia318. The Committee considered the combined initial and second periodic reports
of Zambia (CEDAW/C/ZAM/1-2) at its 241st and 246th meetings, on 24 and26 January (see CEDAW/C/SR.241 and 246).
319. In introducing the report, the representative of Zambia emphasized that her
country was undergoing serious and far-reaching changes in the political andeconomic fields. After 18 years of one-party participatory democracy, Zambia
had reverted back to the multiparty system in 1991. While the women’s leagueof the ruling party had been the sole custodian of women’s interests before,
each party had now a women’s programme. The Government had assumed
responsibility for the advancement of women by establishing a women’s affairs
desk in all government ministries and a Women-in-Development Unit in the
Department of Planning and Development Cooperation.
320. Zambia had changed from socialist central planning to a free-market
economy. Vigorous efforts had been made in the past two years to transform thecountry’s economy. Structural adjustment programmes, first introduced in 1987
and reinvigorated in 1991, had had far-reaching consequences. The reports
reflected the impact of those measures on women and programmes related to womenin development. Structural adjustment programmes had led to the neglect ofsocial development and brought with them diminishing opportunities for women.
Suggested cutbacks in the civil service, the greatest employer of women, would
affect women and reduce their already limited job opportunities. Infantmortality and malnutrition was increasing because mothers could not provide theneeded maize, the basic commodity, after subsidies had been cut and prices
increased.
321. The representative explained how historical and cultural factors had
impeded the advancement of women. Zambia was male-dominated in all walks ofsociety, from the formal employment sector to the basic family unit.
Stereotyped education and lack of investment in girls’ education was one of themain reasons for the continuing male dominance. In 1994, families were still
not prepared to invest in the education of their daughters as they would for ason. In the early days of colonialism, preference had been given to maleeducation whereas girls’ education was stopped at junior standard secondary
school. That situation was changing only at a very slow pace.
322. Zambia had subscribed to the goals of equality, development and peace set
for the United Nations Decade for Women and built up activities to change
grass-root realities. The Convention had been ratified in February 1985 without-63-

reservations. Non-governmental organizations had become involved and manifested
themselves in different lobby groups, for example, among professional women andin the Christian community, where they were caring for disadvantaged women.
323. The Government had made a series of constitutional and legal amendments
since 1991. Article 23 of the new Constitution redefined discrimination as
widely as possible and included for the first time discrimination on grounds ofsex. The previous Constitution, of 1964, did not prohibit that kind of
discrimination and had been broadly accepted since it was a general view thatwomen needed protection.
324. Regarding temporary special measures as contained in article 4 of theConvention, she reported on action taken by the Government to accelerate
equality of men and women. Girls were encouraged to take up technical subjects
such as science and mathematics. To increase the level of girls’ education, thecut-off points for girls to qualify for secondary education had been lowered anda quota of 20 per cent for girls had been introduced in science colleges.
Working women’s access to loans had been facilitated, since the consent of thehusband was no longer required.
325. The new Government was moving towards uniting customary and statutory law,which would positively affect the status of women. So far customary law had alarge bearing on the determination of the issues of marriage and inheritance.
326. Referring to article 7 of the Convention, she confirmed that women in her
country had always played an active role in politics. They were the majority ofvoters, but their representation in Government was low. Only nine of the 160
members of parliament were women, the Cabinet had only two women and there were
few women ambassadors. Since the educational system had been discriminatory
against women, women could not fill that gap through political involvement only.
The present re-examination of the educational system would have a tremendous
impact on women.
327. Women’s issues could not be the centre of attention at a time when thesurvival of the country as a whole was at stake. The Government had made aneffort to consider the situation of women by institutionalizing the offices forthe advancement of women, but for the next five years that topic would not cometo the centre of the stage, owing in large part to the reconstruction of theeconomy.
General observations
328. Members of the Committee thanked the representative of Zambia for her clear
and frank introduction to the report and the efforts deployed in the preparationof the report, in particular the addendum, which had been compiled in accordancewith suggested reporting procedure and guidelines. Members recalled that they
had appealed at previous sessions to States parties to send representatives
involved in the preparation of the report to present it to the Committee.
Members regretted that the presentation of the report had had to be delayed
because the distinguished representative of Zambia had not actually had theopportunity of even reading through the report. They found that state ofaffairs rather unfortunate. It was important that States parties paid great
attention to the reporting and presentation requirements of the Convention.
They felt that the representative of a State party delegated to present a reportmust be conversant with its contents. Members commended the Government ofZambia for its commitment to the advancement of women and its ratification of
the Convention as early as 1985 without reservations. They took note of the-64-difficulties the Government had experienced while trying to translate thatcommitment into practical steps.
329. Members expressed their concern about the devastating effects of structuraladjustment programmes on women and the relegation of women’s issues to thebackstage as experienced in Zambia. That was a worldwide phenomenon, and it wasrecommended that the Committee draw the attention of the international community
to the issue. The contradiction that existed between article 13 of theConvention, dealing with the elimination of discrimination against women inareas of economic and social life, and the negative impact of structuraladjustment programmes on women needed to be highlighted by the Committee.
Zambia was forced to breach article 13 and to a lesser extent article 11 of theConvention because of the economic measures imposed. However, the developmentof a country depended on the integration of women in development since womenaccounted for half of the population. Cutting back on women’s programmes intimes of crisis sounded like an easy excuse from a patriarchal system. In
periods of radical reform, it was essential that women be involved in public
life and decision-making on important matters such as finances and economic
measures.
330. Members requested further information on Committee recommendations 14
and 19. The representative replied that there was no tradition of female
circumcision in any part of the country. There were only customs related to thepersonal hygiene of girls when they reached puberty. Violence against women was
widespread and even traditionally accepted as a way of disciplining a wife.
Under the Zambian Penal Code, violence against women was a crime and treated as
an assault. The Government had been encouraging prosecutions of offenders.
Since most women were economically dependent on their husbands and afraid tolose their matrimonial home, they were very reluctant to prosecute theiraggressors. Some women did not admit that they had been abused and consideredbattering as a sign of man’s affection.
331. More information was sought on the fact that Zambian law recognizedequality between men and women with regard to legal capacity. The
representative stated that men and women had the same legal status as persons
under the law. The only outstanding legislation that was discriminatory
concerned citizenship for the foreign spouse of a Zambian woman. That provisionof the law was meant to prevent "marriages of convenience" but was being
reconsidered.
332. Members commended the establishment of women’s affairs desks in all
government ministries as a good example of mainstreaming women’s issues andasked whether the Women-in-Development Unit had really fulfilled its objective.
The representative replied that the Unit in the Department of Planning andDevelopment Cooperation, formerly the National Commission for Development
Planning, was coordinating women’s development and women’s rights issues. It
gathered information and material and made input into development plans andbudgetary provisions.
333. Members acknowledged the work accomplished by the Women’s League, which had
been linked to the previous ruling power. Referring to the establishment of new
non-governmental organizations and their important role in society, they wanted
to know what impact those organizations had on the Women’s League and the Womenin-Development Unit. The representative stated that, during the one-party
participatory democracy, non-governmental organizations operated parallel to the
Women’s League, which was the political wing of the then ruling party. Women’sissues were treated differently by the non-governmental organizations, which-65-

played a supplementary role vis-à-vis the Women-in-Development Unit since they
had a wider sphere of influence.
334. Questioned about the role of non-governmental organizations in changing
stereotypes in education and communication, the representative replied that
their educational and political activities, both on television and on radio,
were very important. They also worked with the National Curriculum Development
Department of the Ministry of Education on the revision of the curriculum andeducational material.
335. Recalling the considerable time that had passed since Zambia’s independence
and its ratification of the Convention, members expressed concern about the slow
pace in promoting the status of women. They asked whether the measures taken ineducation and legal reform were not adequate or if the force of customs and theimpact of economic reforms prevented progress. The representative considered a
combination of different factors as being the main reason. Although somecustomary beliefs and practices prevented the advancement of women, education
had a positive impact on women’s self-confidence and on their families, who
acknowledged the benefits of girls’ education. With the advent of structuraladjustment programmes the pace was slowing down temporally, but the legal groundfor equality had been prepared.
336. Members wanted to know if there were inherent traditional social factorsthat prevented women from enjoying their rights fully, in particular the rightto employment. The representative explained that basic education and some basic
trade skills were the first condition for finding gainful employment in Zambia.
Most women in Zambia would be in employment before their marriage, but suspended
their professional life once they had to take care of children and a householdof their own. Support systems for care did not exist, nor did a concept ofsharing household chores. Day-care centres were a new and expensive phenomenon
in the urban areas. Women therefore had no other possibility than to sacrifice
their career progression for caring responsibilities.
337. Members regretted the lack of statistical data, which should be given more
space in subsequent reports. The representative said that an effort would bemade to provide more data and detailed information on women’s living conditionsin Zambia in the third periodic report.
Questions related to specific articles
Article 2338. Members asked for further information on the reform of the Constitution of1991 and whether it still contained provisions that allowed discrimination
against women. They wanted to receive information on a constitutional committee
set up by the President to undertake a harmonization of the Constitution. The
representative stated that, in the Constitution of Zambia Act, 1991, the only
outstanding issue regarding discrimination was the provision relating tocitizenship of foreign men married to Zambian women, which was currently underrevision. The Act addressed the issues of discrimination against women since anoffending article 23 of the previous Constitution had been amended and given
wider definition. The Constitutional Committee was reviewing the Constitution
with a view to securing final approval for the amended Constitution. Asked
about measures taken to remove all customary laws, the representative statedthat the Constitution prohibited the practice and enforcement of customary lawsthat were repugnant to natural justice. However, customary law was part of theway of life in Zambia and not codified. There was no ground for removing-66-

customary law that was tradition and did no harm. Asked about the situation of
widows and their children, the representative said that the question of custody
was not an issue in her country since it was generally the widow who took careof her children. Only if she was not able to do so owing to illness or economic
hardship would the extended family take charge. If a women lost custody of herchildren, she could make a petition to the high court. Traditionally, widows
had always been well protected, but there had been an upsurge of ill-treatmentof widows, especially in the urban areas, linked to the advent of the money
economy and new-found materialism.
Article 3339. Members stated that the report did not deal with all appropriate measurestaken to ensure the full development and advancement of women as required under
the article. Hope was expressed that the subsequent report would cover thosequestions accordingly. More details were required on the budget of the national
machinery and its structure. Members asked for a description of the objective
situation of women, in particular persisting traditional customs that affected
women negatively. The representative said that those questions would beappropriately addressed in the subsequent report.
Article 4340. Members welcomed the inclusion of a chapter on women in development in the
fourth national development plan (1989-1993) and asked for the results achieved
as well as information on the coordination of women’s activities in the
different areas.
341. They wanted more information on temporary special measures, including thelowering of cut-off points for girls to qualify for secondary education and theintroduction of a quota system for girls in science colleges. They wanted tohear about the reasons for lowering grading and if the society accepted thatmeasure. The representative informed the Committee that girls and boys had thesame curricula, the same examinations and the same teachers. Ninety per cent of
the schools were coeducational. Affirmative action was a means to enable moregirls to have access to higher education, since girls were a minority from thefirst day in school and even more so at the end of the seven-year primaryeducation cycle, when more girls had dropped out. That did not imply thatgirl’s educational achievements were bad. The measure had been generally well
accepted, although some felt that women should compete on an equal footing withmen.
Article 5342. Members wanted to know which measures had been taken to change the practiceof dowry and bride price and whether progress was achieved in the rural areas.
The representative stated that the payment of a bride price, which had always
been a token, was widespread practice and very well accepted. No substantialchange in the practice was reported from the rural areas.
343. Asked whether women could obtain divorce, the representative replied thatdivorce procedures were different for marriages contracted under the Marriage
Act, which had to be dissolved in the High Court of Zambia, and customary
marriages, which could be dissolved in local courts. Regarding a question on
the activities of the Women-in-Development Unit and non-governmentalorganizations to combat violence against women, the representative stated that-67-

violence against women was a high-profile topic dealt with in seminars,
television and radio interviews and theatrical performances.
Article 6344. Members found it discriminatory that in the case of prostitution, which was
an illegal activity, only women were taken to police stations and not their malecustomers. They expressed the view that considering prostitution illegal andarresting prostitutes did not resolve the problem, but rather exacerbated it.
They referred to the pick-up of prostitutes in streets and asked whether women
had the opportunity to prove their innocence after being arrested. The
representative noted that trafficking in women was not a problem in Zambia, butthat prostitution existed. A woman arrested for prostitution must be charged
and prosecuted in a court of law, where she had an opportunity to prove her
innocence or to sign the admission-of-guilt form.
Article 10345. Members expressed their concern about the high illiteracy rate among women.
The representative replied that Zambia had one of the best functional literacy
programmes, which were community-based in the rural and the urban areas.
Various women’s activities were used for those programmes, which taught women
how to unite. Questioned about the main reasons for the high drop-out rates ofgirls from school after the first level, the reply was that large family sizes
made it economically difficult for parents to send all their children to school.
Preference was given to the education of sons, who were expected to become thebreadwinners of the extended family. Little value was attached to the educationof girls, who were traditionally prepared for their future role as good wife andgood mother.
Article 11346. Members observed that the heavy involvement of women in the informal sector
was a predominant feature in developing countries. Those women were often
harassed by police and law enforcement for their activities. The informal
sector had an illegal connotation, although women in the informal sector
contributed to the economy and paid taxes. Women in the informal sector should
start to organize and negotiate with the Ministry of Labour. The international
community should look at women’s activities in the informal sector. Statingthat employment and the economic sector were most important for the status of
women, members asked if the Government was taking measures to provide jobs for
women. In her reply, the representative referred to the Constitution of Zambia,
which recognized the right to work, to free choice of employment, to just andfavourable conditions of work and to protection against unemployment. The
Government was committed to providing jobs for women, but the structuraladjustment programmes had brought with it a contraction of the labour market,
which should be only temporary. Asked if there was a professional orientation
for the jobs that were available for women on the job market, she said thatwomen were not oriented towards certain professions or fields, but free topursue a career of their choice depending on their qualifications.
Article 12347. Members asked for more information on women’s reproductive rights and theuse of contraception. The representative replied that women traditionally had
no control over their reproductive rights and could not refuse to have children.
The basis of a marriage in a traditional setting was to have children. The use-68-

of contraceptives was widespread. In reply to the question whether abortion wasallowed, she said that, under the Termination of a Pregnancy Act, an abortion
could be performed on medical grounds only, if there was a threat to the life of
the mother or the foetus and on recommendation of three medical practitioners.
Members also wanted to know if there was a population policy to lower the birthrate. The representative said that the Government was intervening to lower thebirth rate through the provision of family planning services and freecontraceptives. Population trends indicated that Zambia’s population could
double in the next 20 years if the growth rate of 3.2 per cent per annum wasmaintained. Members sought an explanation for the demographic imbalance in the
population, with 60 per cent of the population being female. The representative
said that it could not really be explained, but was due to the high female birthrate and high male death rate. Life expectancy for females was 55 years while
it was 53 years for men. There was no out-migration of men that left women on
their own. Internal migration from rural to urban areas had involved the mostproductive groups, mainly the young, better educated and enterprising elements,and had had negative effects on both the rural and the urban areas.
348. The mortal diseases affecting women were malaria, disorders of pregnancy,
delivery complications, disease of the genitro-urinary system, accidents andinjuries, respiratory diseases and AIDS-related complications.
349. Concerning maternity leave for employed women and family benefits for
women, the representative stated that women were entitled to three months ofpaid maternity leave after two years of service and at intervals of two years
according to the Employment Act. That was considered a good family planningpolicy since it allowed for spacing of children.
Article 14350. Members stated that the situation of rural women was very critical andrequired information on the hardship of rural women, the constraints on theirtime and the success and failure of development programmes.
Article 15351. The Committee asked for more information on the financing, staffing andfunctions of the women’s affairs subcommittee.
Article 16352. Members sought more information on the number of female-headed households,
their economic situation, their concentration in rural and/or urban areas andtheir strategies for survival. The representative said that she was unable toprovide replies to the questions under articles 14, 15 and 16. Responses would
be incorporated in the third periodic report.
Concluding observation
353. In her concluding remarks, the representative stressed that women in Zambia
had not benefited as much as men from the services and opportunities of thecountry although the constitutional statutes did not discriminate against women.
Equal opportunities meant also equal sharing of responsibilities between womenand men, both inside and outside their homes, but women’s workload in thehousehold was disproportionately larger. She stated that structural adjustment
programmes had fallen heavily on women. However in the restructuring process-69-and the new liberal environment, measures were being taken that would enable
women to attain a quality of life that would be equal to that of men.
354. Members commended the Government of Zambia for its effort to eliminate
de jure discrimination while harmonizing the Constitution and to
institutionalize the national machinery for the advancement of women. The
Committee thanked the representative of Zambia for her knowledgeable
presentation and the competent way in which she had replied to the questions.
Members looked forward to receiving the outstanding information in the third
periodic report. The Committee also encouraged the representative to comply
with the guidelines for the establishment of reports in the preparation of thenext report.
355. With regard to customary law, the Committee stated that customary practiceand customary law had different meanings in the various cultures but needed to
be examined as to their impact on women. If they affected the status of womennegatively, as did forced marriage or circumcision, then they needed to beeliminated. There was no question of rejecting all customary practices andtraditions. Countries went through a transitional period when they had todecide which practices to keep or to eliminate; it was important to have thechoice. The Committee encouraged the Government to identify cultural practices
that might have stemmed from pre-colonial times under each article of theConvention. That would help the country and the Committee better to understandhow customary practice affected women. Members also invited the representative
to consider how other countries of the region had tackled customary practice andlaw.
Concluding comments of the Committee
Introduction
356. The Committee noted with satisfaction that Zambia had entered noreservations. The amendment to the initial report adhered to the reporting
procedures better than the initial report, even though the report did notcontain separate information on articles 1 to 3 of the Convention.
357. Both documents gave clear information on laws and policy measures relating
to the implementation of the Convention, though more concrete data on the actual
situation of women as well as on the difficulties affecting the implementation
were desired in the subsequent report.
358. The Committee noted that the Government of Zambia was currently
experiencing difficulties in implementing the Convention, owing to the impact ofstructural adjustment programmes. The Committee noted with great concern thatthat adjustment negatively affected many aspects of women’s lives.
Positive aspects
359. The Committee expressed its appreciation of the fact that some legal
measures had been put in place to eliminate discrimination against women. It
also appreciated the fact that after the enactment of the 1991 Constitution, aconstitutional review committee which included women’s non-governmentalorganizations had been put in place to further review all discriminatory laws
and practices.

-70-360. It expressed its appreciation for the establishment of women’s desks in all
ministries, the extensive educational efforts concerning women and the emergenceof new women’s organizations.
Principal subjects of concern
361. The Committee was very concerned about the persistence of traditional sex
roles, which were deeply embedded in the cultural life of the Zambians and which
generally seemed to impede equality. Great concern was also expressed regarding
the violation of women’s rights in general, particularly the rights of those
women under customary marriage laws.
362. The Committee also noted with concern the lack of women’s access to formal
employment and the difficulties encountered by women working in the informal
sector in general and from governmental officials.
363. The Committee was also concerned about acts of violence against women in
their private sphere. It also noted the high fertility rate and its negative
impact on the status of women in addition to the difficulty caused by thecurrent adjustment programmes.
Suggestions and recommendations
364. The Committee suggested that the Government of Zambia study the possibilityof codifying the customary laws so that those found to be in violation of theConvention could be reformed or abolished. It recommended that the customary
marriage law be reformed so that customary marriages were registered, in orderto give women married under that law equal rights and benefits with men.
365. The Committee also recommended that in future reports a much more detailed
description be given of the customs and traditions affecting women’s rights inall areas of the Convention in a positive or negative way. It suggested further
review of existing legislation and expected in the subsequent report to be
informed about the practical results of the constitutional review committee andtheir implementation.
366. It recommended that, although structural adjustment programmes posed
difficulties to the State party, women’s issues should remain at centre stage
even in times of economic distress. The Committee therefore recommended thatwomen have access to budgetary and policy decision-making positions to mitigate
some of the negative effects of the structural adjustment on women’s lives.
367. The Committee urged the State party, women’s non-governmental organizations
and all concerned to engage in a nationwide awareness campaign to change theattitudes of men and women in order to achieve de facto equality in all spheresof life. The Committee also wished to be informed in subsequent reports about
the situation of women in female-headed households.
368. It was the wish of the Committee that Zambia’s next report provide all theinformation with the necessary sex-segregated statistics in accordance with thearticles of the Convention and in closer compliance with the guidelines for
submitting reports to the Committee.
2.

Second and third periodic reports

369. Following the procedure adopted by the Committee at its ninth session 7/
for the consideration of second and subsequent periodic reports, issues thatshould be discussed with the representatives of States parties submitting asecond periodic report were identified in advance by a pre-session working
group.
-71-

Australia
370. The Committee considered the second periodic report of Australia(CEDAW/C/AUL/2) at its 251st meeting, on 31 January (see CEDAW/C/SR.251).
371. In her introductory statement, the representative of Australia recalled her
Government’s commitment to eliminating discrimination against women and referredto the means used to promote the status of women. Upon ratification of theConvention on the Elimination of All Forms of Discrimination against Women in
1983, the Sex Discrimination Act was passed in 1984 and the Affirmative Action(Equal Employment Opportunity for Women) Act in 1986. Several legislative
amendments had been made since then, strengthening the sex discrimination andsexual harassment provisions. The representative stressed that her country’s
federal system of government required a cooperative approach between the Federal
Government and the governments of the States and Territories to implement theConvention. The New National Agenda for Women, released in 1993 by the Federal
Government, reflected many articles of the Convention and was a guideline to theyear 2000.
372. The second periodic report followed the tradition of frankness about what
remained to be done to implement the Convention. As part of a programme toraise awareness on equal rights, the report had been widely distributed
throughout the country. Government policy advice mechanisms on the status of
women had been reviewed and several new consultative mechanisms established.
373. Women’s representation in public life remained one of the areas of concern,
since only 14.5 per cent of the members of Australia’s parliament were women.
The reasons for women’s absence in decision-making and strategies to influence
the political agenda would be discussed in a paper on women and government inAustralia and New Zealand. Women’s underrepresentation in the judiciary wasaddressed by the Federal Attorney-General in a report on the process of judicial
appointments.
374. Violence against women, as a violation of women’s human rights and a formof discrimination, was another area of national concern and a policy priority
for the Office of the Status of Women. The National Strategy on Violenceagainst Women provided a framework for concerted action at all levels ofgovernment. A national education programme on violence against women had beenlaunched recently.
375. The third area of concern was the situation of particularly disadvantaged
groups, including indigenous women, migrant women, all women of non-Englishspeaking background and women with disabilities. Aboriginal and Torres Strait
Islander women were the most disadvantaged people in Australian society, withhigh infant mortality rates, low life expectancy, high unemployment figures andhigh incidence of domestic violence and homicide. The Aboriginal and Torres
Strait Islander Commission (ATSIC) had been established as the premier body
responsible for Federal Government programmes. The ATSIC board members were
elected by and from the Aboriginal and Torres Strait Islander people. The
Office of Indigenous Women within ATSIC coordinated the Women’s Initiative
Programme. A national Aboriginal and Torres Strait Islander Consultative
Women’s Council was being considered. A comprehensive women’s health policy wasin preparation. The representative stated that further programmes would be
developed to help Aboriginal and Torres Strait Islander peoples move out ofsituations of dependence. The most significant development was the introduction
on 24 December 1993, of the Native Title Act, which would establish tribunal andcourt processes for determining claims to native title.

-72-376. The representative stated that Australia, being a member of the Commission
on the Status of Women during the period leading to the Fourth World Conferenceon Women, felt responsibility to participate actively in international
mechanisms and to promote the equality of women, in partnership between States,
as reflected also in the international development work of the country.
Australia was focusing on the protection of women’s rights within mainstream
human rights forums to avoid marginalization of women’s human rights.
General observations
377. Members of the Committee acknowledged the quality of the report, which
complied with the general guidelines. A great deal of information had been madeavailable in a self-critical manner. They thanked the representative for theextensive and very informative replies and commended the Government of Australia
for the specific action taken to improve the status of women and its commitment
to the implementation of the Convention. Special reference was made to thecontribution of Australia to the World Conference on Human Rights and its
efforts to treat the human rights of women on the same basis as all humanrights.
378. Members especially welcomed the fact that women’s unpaid work in the family
was taken into consideration and integrated into the national accounts.
379. Members inquired about a change in government policy with regard to thereservation under article 11, paragraph 1 (c), in connection with combat duties,
and paragraph 2 (b), on maternity leave. The representative replied that theban on women serving in combat roles had been lifted, with a small number of
exclusions related to violence. Women in the Australian Defence Force could now
serve in the navy, army and air force. As a result of the revised employment
policy, Australia would adjust its reservation to the Convention. With regard
to the second reservation, maternity leave with pay was provided for all women
employed by the Commonwealth Government, subject to a 12-month qualifying
period, for 9 to 12 weeks depending on the State or Territory. Unpaid maternity
leave had become available to Australian women employees since 1979 and had been
inserted in all major Federal awards and the majority of State awards. During
the International Year of the Family, paid maternity leave would become one of
the major issues for public debate. The Government was now taking steps tointroduce universal parental leave.
380. Following this report on gradual progress achieved, members expressed theirhope that the Government would be able to report on the removal of thereservations in the next periodic report.
General questions
381. Acknowledging Australia’s ambitious programmes to raise community awarenessof the problem of violence against women, the question was raised whether theincidence of such violence had decreased. The representative replied that there
were a number of barriers to collecting comprehensive data. Much violenceagainst women was not reported, particularly domestic violence. However, agreater community awareness of the criminality of violence against women has
brought with it an increase in reporting. The Office of the Status of Women
would establish a national coordinated data collection network with standardized
statistical collection methods.

-73-382. Asked about the impact of programmes to eliminate violence in the
Aboriginal community, the representative stated that a national family violenceintervention programme was being implemented by ATSIC using a community
development approach. A national men’s conference to discuss specific issues offamily violence was held in 1993.
383. Members requested information on section 37 of the Sex Discrimination Act
and asked whether that legal provision was applied for acts in conflict with
Australian legislation or with the provisions of the Convention. The
representative replied that such acts were only exempt by force of section 37 of
the Sex Discrimination Act but were not exempt from criminal sanctions underother legislation. For example, genital mutilation would be treated as a breachof State assault laws and polygamy would be illegal under the Marriage Act.
384. The Committee welcomed the positive legislative measures, strategies andprogrammes for providing assistance to women that made it possible to haveofficial legal rights on an equal basis with men. Asked why the Government
still had not provided constitutional guarantees for equality of the sexes which
would enrich the basic law of the States, the representative replied that it
would require a constitutional amendment by referendum to entrench the right ofequality of the sexes in the Australian Constitution. There had been ongoingdebate since 1988 on which rights and freedoms should be explicitly guaranteedin Australian law. While approaching Australia’s centenary of federation in
2001, interests in constitutional change had been renewed, and a conference on
the issue of women and the Constitution would be organized in 1994.
Questions related to specific articles
Articles 1, 2 and 3385. The Committee asked for an organizational chart to better understand therelationships between the women’s organizations that were noted to have thecommon purpose of promoting the status of women. The representative repliedthat a distinction needed to be drawn between Government administrative andpolicy bodies and advisory bodies to the Government. The Office of the Status
of Women was a Division within the Federal Government’s Department of the Prime
Minister and Cabinet. The National Women’s Consultative Council, operating withfederal funds and serviced by the Office was a means of communication between
the Government and the members of national women’s organizations. The
Australian Council of Women was an advisory body to the Government on key issues
for the Fourth World Conference on Women. The Federal Government set up the
Human Rights and Equal Opportunity Commission as a statutory body to administer
four acts, including the Sex Discrimination Act 1984.
386. On the question whether the Minister Assisting the Prime Minister for the
Status of Women was a Cabinet member, the representative replied affirmatively
and said that this had been achieved in a Ministerial reshuffle in
December 1993.
Article 4387. Members requested information on a study group on Aboriginal women and its
authority and resources to ensure equality for indigenous women. The
representative replied that she was unable to ascertain which study group wasreferred to. She noted that the Office of Indigenous Women within ATSIC was the
body responsible for Federal Government programmes for Aboriginal and Torres
Strait Islander women. Since 1992, annual national Aboriginal and Torres Strait-74-

Islander women’s conferences had been held to enable representatives ofindigenous women to identify important issues and provide advice to ATSIC.
388. Asked what her Government had done to increase the status of Aboriginal andTorres Strait Islander women and whether they would be treated on equal terms if
land was returned to the indigenous population, the representative confirmedthat the high court decision in Mabo and Others v. the State of Queensland was
the most significant judicial act that paved the way for the Native Title Act
1993, which represented a political shift in the treatment of indigenous
Australians, although its full impact could not yet be grasped fully. An
Aboriginal and Torres Strait Islander Social Justice Commissioner had been
appointed to monitor and assess the human rights of the Aboriginal and Torres
Strait Islander peoples, in particular women. Women’s equal rights should be amajor concern when it came to redistribution of land. She agreed that many
services provided for indigenous women in the past had failed because
traditional values had not been taken into account in the design andimplementation of programmes, but efforts were being made to remedy thatsituation, in particular in the health sector.
Article 5389. Having been informed that maternity leave was widespread in the public
sector, the Committee wanted to know what action had been taken to enable women
to continue work in the private sector, where most left their jobs after giving
birth. The representative made clear that the inclusion of maternity, adoption
and parental leave in federal awards had been supported by the Government.
Asked whether legislation relating to paternity leave was being considered, shereported that significant progress had been made on that issue, since industrial
relations legislation guaranteed 12 months unpaid parental leave, which could beshared between men and women.
390. The Committee had difficulty in fully understanding the reservation onmaternity leave. The representative said that there was considerable discussion
going on in her country on the issue. Women’s participation in wage labour had
increased significantly in the last 15 years. The resistance to paid maternity
leave came from many sides; there was no consensus on the issue even among
women’s organizations and trade unions. The universal social security system
existing in the country cushioned cuts in income levels and was an incentive forpart-time work. Moreover, there had been no strong pressure or demand forfacilities to feed babies in the workplace.
391. Commenting on violence against women, the experts asked how many women hadtaken refuge in shelters. The representative said that a national census on asingle night in May 1992 had found 4,700 adults and children using the Support
Accommodation Assistance Program (SAAP) as a result of family violence. Eightyfive per cent of women applied for Government benefits or pensions after taking
refuge. An accurate figure on women obtaining protection orders could not begiven owing to a lack of consistency in data collection by the States andTerritories. In 1991, there were 603 applications for Domestic Violence Orders
in the Australian Capital Territory, 90 per cent made by women against men.
Asked how women’s organizations helped victims of rape within marriage and ofdomestic violence, the representative said that rape crisis centres, domestic
violence crisis services and women’s health centres provided information on
legal, health, financial and crisis accommodation matters and referred women to
appropriate services.

-75-392. The Committee wanted to know how the Government viewed the problem ofviolence against women and if any attempts were being made to solve it. The
representative stressed that the commitment of the Government was evidenced byits considerable support to women and children victims of violence and its
efforts to change the law and behaviour of perpetrators. The New National
Agenda defined strategies to eliminate violence against women which included
further legislative reform. The Government provided considerable funding forvarious measures to eliminate violence, in particular for community education
campaigns, the provision of shelter and income support to women escaping
violence. An emphasis was put on the role of men in all aspects of violence andthe re-education of aggressors. A clear message was being sent out that
violence was not acceptable behaviour.
393. Replying to a question on the legal concept of the family in Australiansociety and measures taken to strengthen it, the representative first statedthat the family, as an entity, had no legal status or legally enforceable rights
or duties. The Family Law Act concerned itself with the rights, duties andresponsibilities of the individuals who belonged to families of particularkinds. The law implicitly recognized the existence of certain kinds of family.
Australia’s federal system did not provide a comprehensive code for family
relationships, but recognized people’s responsibilities for their relationships.
In order to promote greater support, harmony and quality of life for all
families, the Government had introduced a package of family payments. Efforts
had been made to provide quality child care.
Article 7394. Members of the Committee expressed their regret that the report lacked ananalysis of the obstacles to the achievement of equality for women in positionsof political leadership, and asked for more information on the reasons for the
disparity in figures between different institutions. The representative
explained that women tended to be particularly underrepresented in high-level
posts in science and technology owing to entrenched values regarding women’sentry into non-traditional areas. Her Government targeted women in public life
as one of three priorities for improving the status of women and, therefore, wascommitted to 50 per cent representation of women on Government boards by theyear 2001. A register of women and a monitoring system had been established.
Women’s underrepresentation in public life resulted from entrenched social
attitudes, parliamentary practices which conflicted with family
responsibilities, lack of women in leadership positions and factionalism in the
pre-selection processes in major political parties.
395. In reply to a question on the level of women’s representation in local andnational government, the representative said that there were higher levels of
female participation in local governments and relatively low levels in national
government. This might be due to the structure of major political parties inAustralia and their dominance by men. Large distances inside the country wereanother obstacle to women’s involvement in leading positions, since many women
were not prepared to move to the Federal centre of government. She also notedthat the Commonwealth State Ministers on the Status of Women were undertaking
research on the issue.

-76-Article 10396. In reply to a question on action to raise female enrolment at theuniversity level, the representative recalled that the number of women in higher
education had grown steadily, reaching more than 50 per cent. More women thanmen had enrolled since 1987. However, women were still underrepresented incertain areas of study, and concentrated in arts, humanities, social sciencesand education. The Government had published a plan for equity in higher
education entitled "A Fair Chance for All", which set the goal of increasing
women’s share of engineering enrolments to 15 per cent and in other
non-traditional courses to 40 per cent by 1995.
397. Members of the Committee requested further information on the education ofAboriginal women, their enrolment at university and their entry into theprofessions. The representative replied that the enrolment of Aboriginal andTorres Strait Islander women in higher education had increased by 192 per centin the past five years, with women now representing 61 per cent of the total
number of students. The rate of completion of courses remained of concern,
although no detailed figures were available.
Article 11398. The Committee was interested in the outcome of an initiative to review the
restructuring of earnings. The representative confirmed her Government’s strong
support of a continued review of award wage relativities based on comparisons ofskills and responsibilities. The ratio of female to male average weekly
ordinary time earnings for a full-time adult was 83.2 per cent in 1992. A
survey on workplace bargaining found that more male employees benefited fromworkplace-negotiated wage agreements. Reforms to the Industrial Relations Act
1988 were undertaken in consultation with women’s organizations to ensure thatthe industrial reforms would protect women’s interests. Certified agreements
would continue to exist between employees, unions and employers, but flexible
agreements might be made directly between employers and employees. Agreements
were required to ensure "no disadvantage" in the terms and conditions of
employment for the employees. To that end, a number of additional safeguards
had been included.
399. Asked whether the authorities planned to propose legislation to ensure
equal remuneration for work of equal value with a view to raising women’s
incomes, the representative stated that the Government had ensured thatprovision under the Industrial Relations Reform Act 1993. Efforts were made toremove discriminatory elements in wage-fixing arrangements.
400. In view of the fact that the majority of women in Australia were working
part time and assuming all family obligations, members took note of theireconomic disadvantage and inherent obstacles for career advancement andparticipation in public activities. Further clarification on the status ofpart-time workers, particularly their pension and social security rights, wasneeded. The representative confirmed that Australia had seen an increase of
female part-time employment by 60 per cent compared to a growth in female fulltime employment of approximately 25 per cent. Part-time workers tended to be
employed more frequently on a casual basis than on a permanent part-time basis,
which would give them continuity of employment and the possibility, generally,of accruing benefits. The Government welcomed the extension of permanent parttime employment and indicated that casual work should generally be restricted toshort-term, irregular or seasonal work. The representative gave detailed
information on pension and social security rights of part-time workers, in-77-

particular unemployment payments, job research and newstart allowances, family
payments, pension payments and superannuation which would significantly increase
coverage of part-time and casual employees. Asked what was considered part-time
work, the representative said that it was employment of less than 30 hours aweek.
401. The Committee noted that 44 per cent of working mothers had children under
4 years of age, 60 per cent had children under 14 years of age and 49 per centwere single mothers. They asked whether the 1989-1991 programme for the
refurbishment and construction of centres had solved the problem of child care.
The representative stated that the Government had implemented growth strategies
to expand the number of funded child-care places, so that 74 per cent of thedemand for formal work-related care for children below school age and51 per cent for school-age children was met in 1992-1993.
402. Asked about women’s employment in mines, the representative replied that
there was resistance from the trade unions to allowing women to go undergroundand to enter an exclusively male-dominated profession.
Article 12403. Asked whether the nationally organized cervical screening programme had
been implemented, the representative confirmed that all Health Ministers had
adopted an organized approach to detection and management of cervicalpre-cancers that included a national cervical screening policy based on a
two-year interval, an age range of 18 to 70 years and the establishment ofcervical cytology registries. In addition, a television campaign to raiseawareness among women on the need for regular testing had been launched in 1993.
404. On a question related to family planning and freely available contraceptive
advice for young women without parental consent, the representative said thatyoung women had free access to advice on sexual and reproductive health inclinics funded under the Family Planning Programme.
405. The Committee wanted to know if abortion was available to young women on
the same basis as adult women. The answer was that although equal service was
ensured in theory, pregnant minor women were disadvantaged in their access toabortion services, since they did not have their own Medicare card and lacked
support and money for transportation and consultation of specialists.
406. The Committee asked whether the Government planned to harmonize its
family-planning, contraception and abortion policies. The representative statedthat abortion laws were the responsibility of State and Territory governments,
whereas the Family Planning Programme was a Commonwealth initiative. A
harmonization took place in the sense that the Family Planning Programme was ameans to prevent unwanted pregnancies and reduce demand for abortions.
407. On a question about the decrease of maternal and child mortality rates
among the Aboriginal population, the representative stressed that the health ofAboriginal and Torres Strait Islander peoples had significantly improved in thepast two decades. However, the burdens of disease continued to be comparatively
high as did levels of child mortality. The proportion of maternal deaths had
not decreased yet. There was a great need for an indigenous women’s healthpolicy to complement the National Aboriginal Health Strategy, the major
initiative in Aboriginal and Torres Strait Islander health. Asked about legal
or social barriers to artificial insemination and the public’s response, inparticular women’s response to that process, the representative replied that the-78-

direct regulation of artificial insemination was a matter for State andTerritory governments. The Commonwealth Government subsidized artificial
insemination through the national health insurance scheme. There was evidence
that the majority of the population accepted artificial insemination as part ofwider reproductive technologies but was concerned about the confidentiality of
information, ethnic cultural values and the rights of the child. Women wereparticularly concerned about the cost and emotional stress involved.
Article 15408. The Committee commented on a recent controversy about gender bias in the
courts that had resulted in a referral to the Australian Law Reform Commission.
It asked whether the Government would introduce legislation or encourage law
societies and the judiciary to adopt and implement the final recommendation of
the Commission. The representative stated that her Government had taken action
to address the issue of gender bias in the legal system. The Attorney-General
had acknowledged that the process of judicial appointments should comprisesuitably qualified women as well as other underrepresented groups. The Federal
Government recognized the importance of judicial education. Gender bias
awareness programmes for magistrates and judges had been developed.
Article 16409. The Committee wanted to know how the Government intended to enact andenforce legislation designed to comply with the Convention and to protect women
if marriages contracted according to customary law conflicted with theConvention. The representative said that Aboriginal customary marriages did notcomply with the provision of the Marriage Act 1961 and therefore were notrecognized as valid marriages, but could be accepted as de facto heterosexual
relationships in some State jurisdictions. The Australian Law Reform Commission
recommended that Aboriginal customary marriages should be recognized forspecific purposes, such as social security law, and for giving legitimate status
to the children of such marriages. There were no plans to legislate withrespect to Aboriginal customary marriage.
410. The Committee noted that the Australian Law Reform Commission had madecertain recommendations concerning marriage practices, such as polygamous
marriages, which might comply with religious or customary law but be in conflictwith the principles of the Convention. Asked whether there were plans tolegislate and enforce domestic law which would protect women from traditions
that endangered their health and caused them and their children hardship, therepresentative stated that marriage, according to the law in Australia, was theunion of man and woman voluntarily entered into for life and a contract of valid
polygamous marriage was not possible according to the law.
A de facto
polygamous marriage contracted outside Australia would be recognized only if
valid according to the common law rules of private international law. Any
religious or customary marriage which did not comply with the Marriage Act’s
provisions was not valid.
411. On a question with regard to de facto relationships and the legal action
taken to solve the problem of custody and guardianship of children, inheritance,
maintenance and allocation of household property, the representative said thatthe effect of a de facto relationship was governed by State and Territory
legislatures and courts, except in relation to children of such relationships.
Jurisdiction therefore varied on the issue of share in the intestate estate of a
deceased de facto partner. Guardianship, custody and maintenance of children
was a matter for the Family Court or the Federal Child Support Agency.

-79-412. The Committee deferred its concluding comments on the report of Australia
until its fourteenth session.

Barbados
413. The Committee considered the combined second and third periodic reports ofBarbados (CEDAW/C/BAR/2-3) at its 245th meeting, on 26 January (seeCEDAW/C/SR.245).
414. In introducing the report, the representative of the Government noted thatthe country had suffered from the global economic crisis, which had led to a
decline in the gross domestic product and to the introduction of stabilizationand structural adjustment measures that were beginning to have an effect. The
measures had not been painless and women had been disproportionately affected bythem, including through an increased unemployment rate which was higher thanthat for men.
415. Educational opportunities were now largely equal and girls were generally
more successful than boys. There had also been significant improvement in law
reform, particularly in the area of family legislation, including domestic
violence and sexual offences. The national machinery, the Bureau of Women’s
Affairs, had been supported by the reinstitution of the National Advisory
Council on Women and a project to strengthen the Bureau further had been
approved by the Inter-American Development Bank (IDB).
General observations
416. In response to a question about the reaction of the public in general, andespecially men, to the economic and social progress achieved by women, therepresentative stated that the general public appeared comfortable with thechanges, although some men and some women traditionalists had experienced
difficulty in accepting changes. A variety of strategies had been pursued toraise the level of consciousness of men and women regarding changes, including
use of the mass media, community organizations and the normative effect of
judicial decisions. The evidence from divorce statistics, which were declining,suggested that there was increasing, rather than decreasing, harmony.
417. To the question whether there had been a negative reaction by men, therepresentative replied that some negative reaction had been expected, but aneffort had been made to have those reactions expressed in various forums. It
was noted that Barbadian society was affected by a number of influences,including an African heritage, United Kingdom colonial rule and proximity to theUnited States through transnational media. One example of change was the rapid
introduction of coeducation, which had provoked a reaction among some men who
preferred single-sex schools.
418. Replying to a question on consultation with non-governmental organizationsin the preparation of the report and publicity given the Convention and thereports, the representative referred to the extensive use of media programmes ongender issues in which references to the Convention had been frequent. Asked
for further details on consultation with non-governmental organizations, therepresentative replied that women’s organizations and other non-governmentalorganizations had all been invited by the Bureau of Women’s Affairs to provide
input to the report in their areas of competence, and that input formed thebasis of the report. In addition the media were involved in advertising thereport, which was circulated in the media, and its content discussed publicly.

-80-Its content was also included in the gender training programme for theleadership of the women’s organizations.
Questions related to specific articles
Article 2419. Responding to a question on the extent to which the Constitution had been
amended as a result of ratification of the Convention to ensure a constitutional
provision for equality and the steps being taken to eliminate elements of
discrimination, the representative noted that under the country’s judicial
system, treaties had to be implemented through enactment of municipal
legislation. That was why an effort had been made at law reform, which had
removed most legal obstacles to equality, and 10 major amended statutes werecited. The Constitution itself provided for equal treatment of all citizens
without discrimination. Legislation was still required in the area of violence,
sexual offences, citizenship and disparities among public officers.
420. To a question on the implementation of the programme on women in the
1988-1989 development plan, the representative replied that the plan envisaged anational policy on women, including greater participation in decision-making,health and employment, work on areas requiring further legislative changes,
training and technical assistance through the Bureau of Women’s Affairs,
programmes to facilitate inter-agency cooperation and studies. A new plan
covering the period 1993-2000 had been prepared, emphasizing strengthening of
the Bureau, women’s organizations and other policy-making agencies.
Article 5421. In response to a series of questions about actions to deal with domestic
violence, including, in particular, the Domestic Violence Protection Orders Act
of 1992, the representative noted that the legislation was based on protection
orders and covered both legal and de facto unions. The Sexual Offences Act of1992 updated legislation dealing with rape and other sexual offences. Theinterpretation and decisions of the courts had clearly indicated that thelegislation should protect against violence. A media programme for public
education and other measures, including training for police and counselling forfamilies affected by violence, were to be implemented.
422. Another question related to whether the inclusion of women in the national
plan had had any effect in reducing stereotypes. The representative repliedthat activities included obtaining data for reports to the Committee and theOrganization of American States, as well as research on the impact of structuraladjustment programmes on women, especially on single-headed households. Gender
training and women’s studies were part of the university curriculum and school
texts had been reviewed to eliminate gender bias.
Article 6423. In reference to issues raised during the consideration of the initialreport, the question was asked whether the Government had taken measures to curb
prostitution as a major vector in the spread of HIV/AIDS and whether programmes
had been established to rehabilitate prostitutes. The representative repliedthat trafficking in women was illegal and covered by the Sexual Offences Act.
There was also an effort to curb prostitution to deal with HIV/AIDS throughpublic education, mass media and training of medical personnel.

-81-424. Additional questions were asked as to whether prostitution was related tothe tourism industry and whether it was increasing or decreasing. In reply, therepresentative stated that prostitution was not an organized phenomenon and wasrather a form of self-employment and for that reason was hard to quantify.
There was no evidence that it was linked to the tourism industry as was the casein some countries.
Article 7425. A question was posed regarding the limited number of women in decisionmaking positions, especially given the fact that in several age groups women
outnumbered men. The representative stated that there were no legal barriers towomen’s participation, women participated actively in campaigning and voting andthere were a number of women in high positions, including the post of GovernorGeneral. However, in the most recent election, only one woman had been electedto the House of Assembly, although six currently served in the Senate, where
members were appointed.
426. In response to other questions on government measures to encourage women’s
participation, it was stated that there was a contradiction between the numberof women’s candidacies and the electorate, which had a female voting majority.
All candidates received the same kind of government support. The IDB project
would provide for workshops to do consciousness-raising in all sectors and at
all levels of the Government and the private sector.
427. Replying to the question whether the policy of having equal numbers of men
and women on several boards would be applied to other boards, the representative
stated that women were still a minority on most boards and, although there had
been some improvement, it was not as significant as might be hoped. There wasno quota system in place and the composition of boards was related to technicalknowledge, although the government policy now placed emphasis on equity. The
Bureau of Women’s Affairs was preparing a directory of resource persons in
specific fields which it hoped would be used to help to equalize the situation.
428. With regard to the relationships between women’s organizations affiliatedwith the Bureau of Women’s Affairs and the Bureau itself, it was stated that the
Bureau was the national machinery for women and had a mandate to involve all
women’s organizations. The representative noted that many social development
initiatives came from women’s organizations, which were recognized by theGovernment and some of which received subventions.
Article 8429. In response to a question on the measures being taken to enhance therepresentation of women in international organizations and at the international
level, the representative stated that there had been some improvement and that
Barbadian women had been active in a number of international forums. The
appointment of women to senior civil service positions meant that there would begreater representation by women at international conferences and otheractivities.
Article 9430. Regarding action taken to amend the law on citizenship to permit spouses ofBarbadian women to obtain citizenship, the representative stated that the law
was already being addressed and that it would also deal with the transmission of
citizenship by a married woman to her child.

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Article 10431. The question was asked whether the Government intended to implement a
policy to ensure women equal access to vocational training in areas where men
predominated and to encourage girls to enter non-traditional professions. The
representative replied that vocational training and instruction were equallyavailable to women and men and that guidance counsellors were seeking toencourage girls to enter non-traditional fields. That was reflected in the factthat more women were entering those fields in the labour force.
432. Asked about the social science subjects included in the curricula ofschools, the training of teaching staff and the participation of women inpedagogical and research activities, the representative stated that social
science subjects were included in the curricula at all levels and that the
majority of participants in teacher training were women.
433. Responding to the question whether the subject of human rights had been
introduced into the curriculum and at what levels, the representative statedthat human rights was a component of the family life education syllabus and wasoffered as a separate subject at the university level.
434. Concerning the educational measures taken to encourage non-traditional
education, the representative noted the work of women in development units
within the Bureau of Women’s Affairs in the development of gender training,which had had a significant impact; boys were also receiving that training.
There had been a six-month radio call-in programme for public education on
violence against women, and there had been similar discussions on means andmeasures taken by the Government on structural adjustment programmes with a viewto providing retraining programmes to develop women’s productive skills andenable them to participate in income-generating activities.
Article 11435. The question was raised whether there was a guaranteed minimum wage and an
unemployment allowance adequate to ensure maintenance of a family’s living
standard, and how the provisions of the ILO Conventions on equal pay for work ofequal value were being implemented and monitored. The representative statedthat the principle of equal pay had been implemented, there were guaranteed
minimum wages for shop assistants and domestic employees and unemployment
benefits were available.
436. Additional questions were asked on the measures taken to implement the ILO
Conventions by legislation and whether there had been any equal pay cases filed.
In reply, the representative noted that implementation required specificlegislation, some of which had been adopted, but that details would be provided
in the next report.
437. As to why more women were jobless than men and what measures had been taken
to address that phenomenon, the representative stated that it was a result of
the changing world economic environment and structural adjustment programmes,
which had affected areas where women predominated. The Government had taken anumber of steps to address the situation, including retraining and measures tostimulate economic productivity in both export and local areas.

-83-438. Questions were asked about participation of women in trade unions,especially in terms of women’s membership and participation at decision-making
levels. The representative answered that no restrictions were placed on women’s
participation in trade unions, and that women were involved as members and indecision-making on an increasing basis. For example, some unions, liketeachers’ unions, had 50-50 representation at the highest level. Public
workers’ unions were seeing an increase in women at management levels throughtheir efforts to raise the confidence of women about participating at
decision-making levels.
439. To a question on the social allowances and benefits enjoyed by working
women, including child care, organized relaxation and assistance in building ahome and in daily domestic services, the representative replied that benefits
were available under the national insurance scheme, workers’ compensation,
severance payments and free medical services in polyclinics. Day care was alsoavailable, public workers could benefit from a housing loan scheme and there
were other programmes available to assist in home purchases or construction.
Article 12440. In response to the question whether health-care bodies had improved theireffectiveness in diagnosing and treating cancer since the last report, therepresentative stated that there were a number of efforts at early detection andtreatment under the leadership of a non-governmental organization, the Barbados
Cancer Society, as well as educational and promotional programmes. As a result,the impact of breast and cervical cancers had decreased. The programmes were
projected for expansion into hospice care.
Article 13441. Asked whether informal organizations that had begun accepting women members
brought them to decision-making levels and whether they were able to participate
in all of the social activities of the Bridgetown Club, the representative
stated that the main service organizations had amalgamated their men’s andwomen’s branches and women served in the leadership of the clubs. Women now
participated in membership and other activities of the Bridgetown Club.
Article 16442. To requests for information about the number of divorces, the trends insingle-parent families, the nature of the family as set out in the law andlimits to the free choice by women of a spouse, the representative responded
that no specific studies had been done on fluctuations in divorce rates but thatthe incidence of divorce had decreased between 1989 and 1992 and more women thanmen were filing for divorce. The concept of family was embodied in all family
legislation, affirming that it was the basic unit of society and providing forcounselling prior to any divorce proceedings and procedures for equitable
maintenance, custody of children and equitable distribution of marital assets.
Those provisions were also applied to parties in de facto unions. There were no
limits to the rights of women in the free choice of a spouse.
443. Another question asked was whether, given the possibility of the same
person having a de facto in addition to a legal marriage, that constituted aform of polygamy. In reply, the representative stated that, once a person was
married, that took precedence over any other relationship and a person could
only be legally married to one person. However, protection was accorded to thechildren of another union.

-84-444. Information was requested concerning the rate of divorce, the reasons forchanges and whether procedures for reconciliation achieved the desired goal. In
reply, it was noted that there was no evidence on the question but that it
merited further study.
Concluding comments of the Committee
Positive aspects
445. The Committee particularly noted positive features in the reports ofBarbados:(a) That Barbados had ratified the Convention without reservation
demonstrated the Government’s commitment to achieving equality for women in
public and private life;(b) The Committee welcomed the fact that the Government had continued with
its plans of action to improve the status of women in Barbados in spite of
economic problems encountered during the reporting period. The Committee waspleased that the Government had recognized the need to cushion the impact on
women of its structural adjustments;(c) The Committee noted that Barbados had enacted most, if not all, thenational legislation required to give effect to the Convention in Barbados;(d) The Committee praised the Government for its emphasis on education as
the key factor in advancing the status of women in that country;(e) The Committee also applauded the continued operation of government
machinery which had the responsibility to collect information about the statusof women in Barbados, cooperate with non-governmental organizations in improving
the lot of women, provide programmes designed to assist and support women in thecommunity and disseminate information designed to improve women’s status.
Principal subjects of concern
446. The Committee expressed concern at the serious lack of female participationin politics and in the representation of Barbados at the international level andin other decision-making positions. The Committee considered that to be of suchimportance that it wished Barbados to consider enhanced campaigns to involve
women in those positions by applying article 4 of the Convention.
447. The Committee was also concerned, given the importance of tourism to the
Barbados economy, to ensure that the Government was aware of the potential for
an increase in prostitution. More detailed information about the incidence of
prostitution, its control and the provision of health care for prostitutes
should be included in the next report.
448. Finally, the Committee wished to encourage the Government of Barbados toconsult with non-governmental organizations when preparing its next report andto obtain their assistance in achieving the Convention’s objective of improving
the status of women in its country.

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Suggestions and recommendations
449. The Committee expressed the wish that in future reports Barbados would
provide more information:(a) Evaluating the impact of programmes designed to enhance the status of
women and legislation granting women equal status with men;(b) Evaluating the outcome of the latest plan of action of the Bureau of
Women’s Affairs and the educational programmes in schools and tertiary
institutions;(c) Setting out whether there had been any noticeable improvements in thestatus of women such as improved educational standards, decrease inprostitution, reduction of violence against women and greater participation indecision-making roles in public life;(d) Stating whether the Bureau’s educational programmes had resulted in an
improved commitment to the equal status of women by both men and women;(e) Giving more information about women in the workforce, for example
their pay and terms of employment, their participation in trade unions and what
obstacles they faced in employment in such areas as achieving equal pay withmen.

Colombia450. The Committee considered the revised combined second and third periodic
reports of Colombia (CEDAW/C/COL/2-3/Rev.l) at its 250th meeting, on 31 January(CEDAW/C/SR.250).
451. In presenting the report, the representative read out a letter from the
President of Colombia to the Chairperson of the Committee, in which the
President reaffirmed the commitment of the Government to guaranteeing equal
rights for women as spelled out in the Constitution of the country. That
commitment had been demonstrated by the establishment of the Presidential
Council for Youth, Women and the Family and by the adoption of an integrated
policy for women and a development policy for rural women.
452. The representative focused on the achievements made by her country since
1987, the year of the presentation of the initial report. She said that theratification of the Convention had been the result of pressure exercised by
women’s organizations, international groups and the nascent awareness ofnational institutions, in addition to events promoted by the United Nations
within the framework of the United Nations Decade for Women. The creation of
the Colombian Women’s Integration Council in 1980 had marked a milestone in thatit recognized the necessity of creating a national mechanism for coordinating
the various sectoral efforts to integrate women into their activities. Certain
sectoral developments had been successfully initiated and had led to thecreation, in 1990, of the Coordination and Control Committee on the Convention
and to the establishment of the Presidential Council for Youth, Women and theFamily.

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453. In connection with the celebration of the International Year of the Family
in 1994, the Government had taken care to ensure that the achievements and theprogress made with regard to the status of women would not be jeopardized by thegeneral concept of the family. The rights of all family members had to berespected and it should be possible to reconcile individual projects with family
responsibilities. The subject of family violence would be a priority issue.
454. Regarding the preparations for the Fourth World Conference on Women, therepresentative said that the Presidential Council had been designated as a focal
point for the coordination and mobilization of governmental and non-governmentalorganizations and also for the preparation of the national report.
455. She assured the Committee members that their observations would be taken
into account in the elaboration of future government policies and also for thesubsequent report.
General observations
456. Members commended the Government of Colombia and the Colombian
non-governmental organizations for the progress made in spite of the
difficulties created by violence and the economic recession. Special mention
was made of the 1991 Constitution, which recognized very extensive rights for
women, and of the good representation of women in economic life, although their
proportion in public representative institutions was still low. In spite of thefact that some women had assumed high political positions, their representationin political decision-making was still very limited. They welcomed theappointment of three female ministers. The members hoped for the enactment of adraft law that provided a guarantee for the appropriate and effective
participation of women at decision-making levels of public administration andencouraged political parties to present more female candidates for elections.
Furthermore, they urged the Government, in implementing the Convention, to adopt
programmes for rural women.
457. Members expressed appreciation for the message sent by the President andfor the dense, self-critical and frank report, as well as for the extensive
replies given. They commended the establishment of the Presidential Council for
Youth, Women and the Family and hoped that the new administration would maintainits efforts for the advancement of women.
458. In reply to the question why the Coordination and Control Committee had notfunctioned since its establishment, although it could have complemented theefforts of the Presidential Council, the representative said that, although theCommittee’s establishment had demonstrated the Government’s intention to createa national coordination mechanism for women’s questions, it could not fulfil its
mandate because of its weak institutional structure. That was why the present
administration had created the Presidential Council for Youth, Women and theFamily.
459. Asked about the Council’s budget and organizational structure and thecoordination between it and other government departments dealing with women’s
programmes, the representative said that the Council was part of theadministrative structure of the State. The Council depended upon the President
and had to coordinate resources for projects and programmes that guaranteed thepromotion of women and the rights of the elderly. It was also the focal pointat the national and international levels for women and gender-related issues.
For the first time, gender-related issues had been integrated into development.
The Council’s functions consisted in defining policies, providing technical-87-

guidelines for integrating them within the governmental bodies, developing
methods for promoting social and economic programmes and coordinating activities
with ministries, institutes, regional bodies and non-governmental organizations.
In order to strengthen the Council, strategies were being developed to make itinto a permanent institution that should survive a change in government. The
Council also gave support to departmental and municipal women’s offices in orderto strengthen them to such an extent that they would survive a change inadministration, not only because of their legal structure but also because of
their visibility.
460. The Council had been established by the President and currently had a staff
of 50 persons. Its programme also included issues related to youth, theelderly, the disabled and the family, as well as income-generating activities,
and its goal was to make women benefit from the development process. In
addition, there was coordination with other sectors on subjects such as
developing coeducational programmes and non-sexist curricula, health care forwomen, credit and training for women in micro-industries, and support for female
heads of households. The Council had already been institutionalized to theextent that the current candidates for the presidential election were alreadyconsidering different administrative structures for a national women’s office.
461. The Council had its own budget, received in part from national allocation,in part from international cooperation agencies. Additional funds for special
programmes came from ministries, decentralized institutes and regional andmunicipal institutions.
462. Members requested information concerning programmes and measures directed
towards disabled women.
463. In additional comments, members noted that the Presidential Council should
be strengthened and hoped that the institution would be maintained even if thegovernment changed. They asked what the greatest achievements of the Council
had been. They also inquired about the impact of guerilla warfare and drugtrafficking on the lives of urban and rural women.
Questions related to specific articles
Article 2464. The representative highlighted the most important provisions of theConstitution, which had entered into force in 1991 and in which the principle ofgender equality was enshrined. The provisions of the Convention had been
incorporated in national legislation.
465. Other new laws that contributed to the equality of women and men were theSocial Security Law, the General Education Law and the law that allowed divorce
and gave support to single female heads of household. Currently, a draft law
concerning sexual violence, sexual harassment and the participation of women in
public administration were being discussed.

-88-Article 3466. Among institutions dealing with the advancement of women, therepresentative mentioned the Presidential Council for Youth, Women and theFamily, the Office for Rural Women and 11 departmental and municipal women’s
offices and sectorial programmes.
Article 5467. The representative said that, in the mass media, as well as in formal
education, traditional stereotypical gender roles still tended to be reproduced
and maternity and reproductive activities remained the primary responsibility ofwomen.
468. Asked for additional information regarding violence against women, therepresentative said that, in comparison with the importance of that problem, theservices available to female victims were still scarce. Statistics and studies
were insufficient and based on partial data, yet the available information was
alarming. According to a recent study, 65 per cent of women who were either
married or lived in consensual unions stated that they had had a violent fightwith their partner. One in 5 women said that they had been beaten and 1 in 10
declared that they had been forced into sexual relations. The current
legislation did not cover that offence, nor were there sanctions for violenceagainst women. As the Constitution made specific reference to marital violence,
efforts were under way to adopt appropriate legal norms to penalize violenceagainst women.
469. Regarding the question whether female victims of violence were given legal
advice free of charge, the representative mentioned the family commissions that
had been created in 1989 to prevent such violence and to give assistance free ofcharge to women who had become victims. Currently, there were about 100
commissions, which received special support from the Government. They weremunicipal police-type bodies that undertook emergency measures until the cases
were dealt with by the appropriate judicial or administrative authorities.
However, because of budgetary limitations and lack of awareness about the issue,
not all municipalities had set up such commissions.
470. Regarding the availability of those commissions in rural areas therepresentative said that they did not yet exist in all rural areas. Efforts
were under way to establish more family commissions so as to establish anationwide network and to provide the necessary training to the officers and toextend the free legal advice services throughout the country.
471. Replying to a question about special training for the officers working infamily commissions, the representative said that, although there was not yet any
systematic training programme, some progress had been made and training
workshops and programmes were being organized for judicial personnel who had todeal with female victims of violence as well as for the officers of the family
commissions.
472. Regarding a question about shelters for female victims of violence, therepresentative said that there were only a few, which were run by
non-governmental organizations.

-89-473. In additional comments, members commended the efforts made to obtain moreaccurate data on violence against women. They noted that no mention had been
made of measures to eliminate the root causes of violence. They said that oneof the most important measures was the education of the entire society. They
expressed the hope that the question of violence would also be dealt with insubsequent reports.
Article 6474. Regarding prostitution, the representative said that the invisibility ofthe problem and insensitivity to it hampered implementation of the relevant
provisions of the Convention. It was still felt that was a problem of private
morals and not an ethical problem in a society that pretended to be a developed
democracy.
475. In reply to the question whether HIV/AIDS prevention and treatment
programmes were targeted at women engaged in prostitution, the representative
said that, since 1992, the Ministry of Health had been training prostitutes in
the prevention of HIV/AIDS and in the use of condoms. Those training programmes
were confined to the main cities. The prevention of HIV/AIDS through screening
programmes was also difficult because of the high cost involved. Apart fromsome big cities, there were generally as yet no services specifically for thecare of women prostitutes affected by HIV/AIDS. In December, the Institute of
Family Welfare had started an ambitious programme for preventive and health carefor girls who were at risk of becoming prostitutes.
476. Members requested that subsequent reports contain further information
concerning prostitution. They also said that particular attention should be
paid to the phenomenon of increased street prostitution. Some expressed concernthat only rape of minors below the age of 14 was penalized very strictly,
considering that aged and disabled women were equally vulnerable.
Article 7477. The representative said that no legal measures discriminated against womenwith regard to political participation. However, although they had increased
their participation, statistics showed that in practice women had not reachedthe highest levels equitably and continuously. Whereas more women could befound in leading positions in trade unions in the public sector, in the private
sector their number was much smaller. The representative also highlighted theinformation given in the report regarding the role of women in community
organizations, political parties and the cooperative movement. She said that
180 non-governmental organizations dedicated their activities in 1993 to thepromotion of women.
478. Members noted that the statement in the report that women were "not yetorganized in sufficient strength to constitute a pressure group" was not valid.
Women could not wait to be organized, they ought to take action in all fields inorder to achieve greater participation in decision-making. They also asked
whether any initiative was taken to promote the participation of women inpolitical life through increasing their numbers in political parties or on
candidates’ lists.

-90-Article 8479. The representative stated that currently the Minister for Foreign Affairs
was a woman and that 10 per cent of all ambassadors were women.
Article 10480. The representative said that measures had been taken to improve and promote
the concept of equality through the production of non-sexist school texts.
Women represented between 49 and 52 per cent of school enrolment from primary touniversity education and there was a marked trend in favour of coeducation.
While considerably more women had taken up courses in administration, economics,
engineering, law and agronomy, women were still concentrated in traditional
areas.
481. Asked whether the draft General Education Law had been adopted, whether it
contained specific measures to combat discrimination against female students andpositive measures to counter traditional stereotypes, the representative said
that the law had been adopted in December 1993. It did not contain affirmative
measures or provisions specifically addressed to women. Legislation did notcontain any special measures directed to education.
482. Members requested further information on the participation of women in thevarious fields in which educational training was provided.
483. In additional comments, members requested further information aboutprovisions dealing with non-sexist education and were concerned that the law did
not devote more attention to the issue of non-sexist education.
Article 11484. The representative mentioned a law for the support of women heads ofhousehold that had been adopted in December 1993, which gave female heads ofhouseholds a right to social security, preferential access to education,
employment, credit, micro-enterprises and low-cost housing. That law was thefirst example of affirmative action in Colombia.
485. As to whether measures had been taken to ensure the welfare and labour
rights of women working in the informal sector and whether the draft law onsocial security mentioned in the report had been adopted, the representative
said that Law 100, which had created the basis for the integrated social
security system, had been adopted in December 1993. According to that law,social security was no longer the sole responsibility of the State. For old age
and invalidity pensions, persons could choose between the social security scheme
maintained by the State and another scheme financed from pension funds in theprivate sector. Over a span of seven years, the entire population, including
people who could not pay the premiums, should be covered by a health insurance
scheme. The contributions of the poorest and most vulnerable persons in ruraland urban areas would be subsidized and special attention would be given to,among others, women during and after pregnancy, lactating mothers, women headsof household and workers in the informal sector.
486. Regarding questions whether the current laws were being enforced, and by
what means, and whether labour inspectors dealt with failures to comply with thelaw, the representative said that the Ministry of Labour and Social Security had
the authority to supervise the application of the laws through its Division forSpecial Relations. It was currently doing research on discrimination against-91-

women in the field of employment. The results of the study would be used toinitiate training and consciousness-raising of labour inspectors in that field.
487. Asked whether legal counsel and legal defence services were available towomen free of charge, the representative responded that free legal counsel on
labour matters was available to the vulnerable sections of the population, suchas working children, women, indigenous women and disabled persons. In general,
however, women were inadequately informed about their labour rights and theservices that were available free of charge.
488. Regarding further details about women’s participation in the labour market,
the increase in the economically active female population, the occupational
categories, wage differences, women’s employment in the informal sector and theincrease in the number of women heads of household, the representative referredmembers to a 1993 document entitled "Latin American women in figures" that had
been distributed during the meeting. Women’s integration into the labour market
had been much faster than men’s, but at the same time women had to face many
adverse factors, such as their concentration in the informal sector with its
precarious social security and legal protection, the higher rate of unemployment
and the poverty that affected women heads of households to a greater extent.
489. In additional comments, members congratulated the Government for all theefforts undertaken and asked for the percentage of women heads of households.
Article 12490. In reply to a question about plans to amend the existing laws governing thevoluntary termination of pregnancies, the representative said that abortion was
still illegal. The last attempt to legalize abortion had been made in 1993, but
the draft law had had to be set aside because of strong opposition from membersof Congress.
491. Regarding a question about campaigns to promote the use of condoms in orderto reduce the spread of HIV/AIDS, the representative said that, in spite ofmassive resistance from religious groups, the Ministry of Health had managed to
set aside important resources for an intensive media campaign to promote theiruse. None the less, widespread distribution of condoms had not been achieved.
492. In additional comments, members said that women in Colombia should fightfor the legalization of abortion not in order to reduce births, but in order toprotect women from illegal abortions, which resulted in maternal mortality. They
said that the problems associated with abortion had not been helped by theGovernment’s family planning media campaigns and programmes.
Article 13493. The representative made special reference to the newly adopted Law on
Social Security and Pensions, which contained, inter alia, the obligation toorganize special information and education programmes for women in the fields ofintegrated health and sex education in less developed parts of the country,
especially for the rural population and the young.

-92-Article 14494. The representative supplemented the information contained in the report bymentioning a policy document for rural women, which contained general objectives
and basic strategies for rural women and which had been approved in the latterpart of 1993. Its purpose was to better the quality of life of rural women by
giving them equal opportunities for taking part in the sectoral strategies andin political life and better access to productive resources, and by increasing
their revenues. The national machinery for rural women should also be
strengthened.
495. In additional comments, members observed that regulations and laws wereneeded to govern the labour practices of flower producers.
Article 15496. Although women had full equality before the law as spelled out in theConstitution, that principle had not been translated into full de facto
equality. The major obstacles were insufficient information of many women about
their rights and about the legislative machinery that was available to them formaking them effective. In order to overcome that obstacle, the Presidential
Council would, in the course of the International Year of the Family,
disseminate widely information about fundamental family rights, in particular
the rights of women.
Article 16497. The representative pointed out three major innovations: a decision of theConstitutional Court in 1992, according to which domestic labour was recognized
as a contribution to the assets of the couple in a de facto union; a law adopted
in 1992 according to which divorce was permitted for all marriages, including
marriages in the Roman Catholic Church; and a provision allowing for divorce bymutual consent.
498. The Committee deferred its concluding comments on the reports of Colombia
until its fourteenth session.

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Ecuador499. The Committee considered the second and third periodic reports of Ecuador(CEDAW/C/13/Add.31 and CEDAW/C/ECU/3) at its 244th meeting, on 25 January (seeCEDAW/C/SR.244).
500. In her introductory statement, the representative of Ecuador said that
discrimination against women was deeply rooted in the socio-economic problems ofher country, which had been facing a most serious recession in the last
10 years. She explained that the second periodic report was of a more
descriptive nature, whereas the third periodic report contained the drafts oflegal amendments.
501. Having confronted a serious recession since 1980, the Government had taken
macroeconomic adjustment measures which had had an unfortunate impact on theweaker members of society, in particular on women and children. A growing
decrease in GDP per capita and in the volume of imports, together with anincrease in external debts, had brought with it a drastic reduction in social
security spending. The budget of the Ministry of Social Welfare had been cut by
47 per cent. She explained that only 26 per cent of the population had accessto social security, 76 per cent of women through formal employment and9 per cent of women through informal employment, and that indigenous women had
no access to social security at all. The representative explained that
according to a UNICEF survey, 66 per cent of families lived below the poverty
line. While higher and middle class income levels had increased 50 per cent,the income of the overall population had decreased constantly. Social movements
were losing strength and momentum. Unemployment was reported to have reached
12 per cent; of the economically active population, underemployment had reached
56 per cent; 48 per cent worked in the informal sector.
502. In 1988, the "Social Front" was established, combining the ministries ofSocial Welfare, Labour, Health and Education, and presided over by the Ministryof Social Welfare. Its goal was to eliminate the recurrent problems of
bureaucracy and to avoid the duplication of programmes. The National Committee
for Planning and Social Development took office in 1989. The representative
also reported on the Fund for Social Investment which directed funds to ruraldevelopment, youth and women.
503. The representative reported on the critical living conditions of children
in her country. In many families, children contributed 19 per cent of an
average household income. Some children aged 8 to 11 years were working
40 hours a week. School attendance suffered as a consequence, with only
30 per cent of children finishing elementary school. To combat the high rate ofilliteracy, the previous Government had launched a campaign entitled "Ecuador
estudia", which had decreased the illiteracy rate considerably.
504. Although no exact data existed on the incidence of disability, numbers were
expected to be very high, with an estimated 18 per cent of the population having
disability problems and frequently living in substandard conditions. However,there existed no specific projects for women with disabilities. Malnutrition
was one major cause of disability, as was the lack of adequate health care, inparticular prenatal, delivery and postnatal care, as well as the lack ofimmunization programmes for women and children. In 1982, a law had been adopted
concerning disability. A national programme for the disabled had been launchedwhich included tax exemptions as well as large-scale public campaigns to provide
facilities for disabled people in urban structures. The Government had set up
eight rehabilitation centres which were concentrated in the cities.

-94-505. Concerning the situation of rural women, the representative reported on theexisting gap between urban and rural areas. Many development programmes focusedon the cities, while the rural areas were abandoned and neglected. With the
migration of the male population from rural to urban areas, women and children
who were left behind took over the agricultural activities. The Ministry ofAgriculture and Livestock carried out projects on appropriate agricultural
technology for women.
506. The representative described the environmental sanitation situation both inurban and rural areas, which was very poor; there was a lack of safe drinking
water. As a consequence, infant mortality was one of the highest in Latin
America. Half of the children below five years of age suffered frommalnutrition.
507. Concerning legal reform, the representative indicated that considerable
legislation aimed at enhancing women’s status had been introduced but somemeasures had faced opposition in the Congress. Congress had given serious
consideration to the discussion of the draft amendment of the Code of Criminal
Procedure. A draft of the first Code of Family Law was submitted to theCongress in January 1994 by the Parliamentary Committee for Women, Children andthe Family. Following the ratification of the Convention on the Rights of theChild in 1992, a new Code for Minors had been elaborated.
General observations
508. Members of the Committee thanked the representative of Ecuador forproviding a frank report committed to the advancement of women and expressed
their concern about the alarming living conditions of the majority of women.
They noted that the economic situation and the structural adjustment measures
had affected her country more than others. Women and small children were themajor victims. While recognizing the progress made in legal reform and insocio-economic programmes, in particular in combating illiteracy in the female
population and in the elimination of stereotypes in education, members wereconcerned about the number of remaining obstacles to equality. While Ecuador
had already given women the right to vote in 1929, and was in fact one of thefirst countries in the region to do so, women still faced discriminationin 1994.
509. Members of the Committee noted the need for the Government to define
modern, up-to-date criteria for development and to improve what was deemed to bea kind of medieval situation for women, which was the result of a patriarchal
structure in which women were denied basic rights. Before enjoying legal
rights, women needed to be given basic human rights, such as safe drinking waterand better nutrition. Half of the population of the country could notparticipate with pride in the life of the country. Members emphasized that,
despite the economic problems, many programmes related to women’s equality could
be carried out with few resources.
510. The Committee expressed the feeling that the prevailing attitude in Ecuador
was that the Government was not giving serious consideration to the advancementof women. There was a de jure and de facto gap in the attainment of women’sequality. Moreover, members asked whether the women in Ecuador themselves
wanted to change their current situation. If such was not the case, women’s
consciousness about their situation and their rights needed to be raised.
Solidarity among all women was a prerequisite for leading a successful struggle
for women’s equal rights.

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General questions
511. In reply to a question on the National Institute for Women, therepresentative said that the institute had not yet been established. The
National Directorate for Women was still part of the Ministry of Social Welfare.
There was strong opposition to the setting up of an independent national
machinery for the advancement of women, in order not to weaken the Ministry.
The representative informed the Committee about a hot line pilot project for
women that had been warmly welcomed by women in Ecuador. Many women called andreported on cases of sexual abuse and violence. Although there was no politicalsupport from the National Directorate for Women, that project, which could only
function with outside assistance, was very successful.
512. Regarding the National Development Plan for 1988-1992, which devoted awhole chapter to women, there had been no assessment of its implementation.
statistical data and consequent evaluation had been provided.

No513. Asked whether more information could be given on the areas of competence
and the activities of the Parliamentary Committee for Women, Children and theFamily, the representative stated that the Committee, which was not permanent,
had introduced all of the legal amendments that had received support from theGovernment, in particular, the Code of Family Law, since no definition of thefamily had existed prior to the introduction of the Code.
Questions related to specific articles
Article 2514. With reference to the status of approved legislative changes and draft
laws, the representative replied that there had indeed been more proposals forlegal changes than reforms accomplished. The delay in promulgating the laws
could be attributed to the mandatory respect for the agenda of the Congress,
where discussions in recent years had focused on political and economic issues.
515. She mentioned the legal reforms contained in the reform of the Civil Code,which had been put into force within law 43 in 1989. Those reforms contained
important improvements: recognition of the juridical equality of women and men
in marriage; administration of joint estates; responsible and joint parenthoodof the spouses; marital obligations and the termination of marriage. Thechanges in the articles related to marriage had encountered considerable
resistance, including opposition from women.
516. The representative reported on a number of other legal amendments,including
the introduction of the Code of Family Law. Another proposal was for theestablishment of family judges and of accelerated oral and summary proceedings.
The Electoral Law was still under debate, since no agreement could be reached on
the suggested quota of 25 per cent of women to be included on the electoral
lists of political parties. That amendment was contested in the sense that it
contradicted democratic procedures. Further resistance was expressed to theidea that 10 per cent of State funds allotted to political parties should be
used for the political training of women. The law on complimentary nutrition
was meant to give rights to abandoned women who could not provide for theirchildren without their husband’s support. According to the proposed law,fathers who did not pay support for their children for two months would be
imprisoned for eight months. That proposal, which was not included in the Codeof Family Law, had been rejected. The law on the reform of the Code of Civil
Procedure dealing with the special retirement benefits for women passed but,

-96-

owing to the lack of liquidity in the social security fund, payments were notassured. A draft law on giving special retirement benefits to women who had
been in formal employment for 25 years and were mothers of five children was not
adopted. A law on the registration of a child born out of wedlock under its
father’s name was unanimously rejected. That reform would have given legal
recognition to children born out of wedlock without entitling them to support by
the father or inheritance rights. It would have devolved upon the father toprove that he was not the father. Public reaction to the proposal had been
fierce; women were accused of being prostitutes searching for fathers for theirillegal children. Another draft law in favour of an obligatory yearlyexamination for uterine cervical cancer, to be undertaken by the employers, wasrejected because of the costs involved.
517. The representative stated that under another draft legal provision,concerning domestic violence, women would be enabled to take legal action
against their relatives. In criminal law, the provision that women be more
severely treated than men for the offence of adultery had been abolished,although adultery remained a cause for divorce in the civil code. If a spouse
was found in flagrante delicto, no charges were brought against a person
inflicting harm on the spouse.
518. The Committee questioned the importance attached to the father’s name,which had nothing to do with paternity.
519. Members reminded the representative that in ratifying the Convention
without reservation Ecuador had made a commitment to make its national laws
comply with the Convention. Parliament and Congress had the responsibility forachieving compliance and were obliged to implement the Convention. The
Convention on the Elimination of All Forms of Discrimination against Womenshould not be considered a second class convention requiring less persistence.
Members expressed their concern that a third periodic report of a State party
still contained only drafts of legislative reforms.
520. The representative was asked to transmit the concerns of the Committee tothe Government, which was responsible for protecting the rights of all women in
the country. Members expressed the hope that the country would immediately
conduct a systematic review of national law and make it conform to theConvention. The Committee said that it might ask for a specific report on
legislative changes, which should be presented at a set time. The Committee
expressed its full support for the endeavours undertaken to introduce legal
amendments. If the country required advisory services and technical assistancefor that purpose, as others had done before and as suggested in the plan ofactivities of the Centre for Human Rights for the implementation of the Vienna
Declaration and Programme of Action, the Committee would seriously consider thatrequest.
Article 4521. The representative regretted to report that no laws or measures "of
positive discrimination in favour of women" had been taken by the State aside
from the one mentioned on the protection of pregnant female workers.
522. In additional comments, members expressed concern that the Constitution of
the country did not allow temporary specific measures as provided in theConvention.

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Article 5523. In reply to a question on the success of programmes aimed at promotingchange of attitudes of men and women, the representative referred to Ecuadorianlaw, which was based on Roman law and gave the patria potestad the leading rolein law and in reality. Discrimination against and subordination of women formed
part of the patriarchy, which rested on the principle of a division of labour.
Greater awareness of stereotyped gender roles and cultural obstacles to theelimination of discrimination against women was needed. As long as stereotyped
roles persisted in education and mothers encouraged their sons to adopt macho
attitudes whereas girls were brought up to be docile and obedient, no change wasimminent.
524. In additional comments, the Committee noted the prevailing attitude ofmachismo in the country, which affected women in all walks of life and expressed
itself also in violence against women, which was largely accepted. Members
emphasized that attitudes and behaviour could be changed if there was political
will and broad support. It was hoped that the subsequent report would contain
information on this issue.
Article 6525. In reply to a question related to the problems of prostitutes and whether
the interest of the National Directorate for Women and its social rehabilitation
programmes had resulted in any specific measures or studies, the representative
replied that two associations of prostitutes had been formed which called
themselves "associations of free working women". Their first congress had been
held in November 1993 and had brought together women of all ages and fromdifferent regions of the country in an atmosphere of solidarity. The
representative pointed out that prostitution in Ecuador was not an offence.
Owing to double standards, prostitution in a brothel was allowed, but notprostitution in the streets.
526. Concerning the HIV/AIDS pandemic, she stated that prostitutes wereregularly screened for infection. Prostitutes that had contracted the HIV/AIDS
virus were badly treated by the authorities and there had been many negative
articles in the media on street prostitutes discovered to be HIV-positive.
527. In additional comments, experts noted that prostitutes with HIV/AIDS
infection were the first patients to require compulsory medical care, regardlessof how and where they had been infected.
Article 7528. Asked whether there had been any law or measure designed to increase thenumber of women in the Parliament and in the Executive branch, therepresentative replied that no such measure had been taken. No political party
had encouraged female participation through a quota system or by any othermeans.
529. However, a number of women had been assigned to high-level positions. The
president of the Monetary Association and the Minister for Education were women.
There were three women secretaries of state and five women deputies in
Parliament.
530. In an additional comment, the Committee noted that the example of Ecuador
showed how important it was to have more women at the decision-making level to-98-achieve qualitative and quantitative change. Resistance in the Government tolegal reform had increased because there had been little support for the reform
within the legislative bodies. Endorsement of the legal reform process also had
to come from the highest executive level.
Article 10531. Concerning the illiteracy rate, the representative stated that the figures
were still high although a governmental literacy campaign, carried out four tofive years earlier, had been very successful and had decreased female illiteracy
from 60 per cent to 38 per cent. That campaign had been undertaken with thedirect collaboration of secondary educational establishments in particular, as
well as the National Directorate for Women. No measures had been taken to
reduce the school drop-out rate for girls, particularly in the rural areas.
With regard to modifying the sexist content of curricula and textbooks, therepresentative reported that that reform was being carried out. A teacher
training programme also existed along those lines. No statistics broken down by
sex were available on the receipt by women of educational awards or on theirintegration in the ranks of administration in higher education. One positive
development, however, was that a women had recently been appointed Minister for
Education.
Article 11532. The representative informed the Committee that men and women had equalityof access to all occupational training programmes. Asked whether women had
recourse to the courts or any other tribunal when they suffered discriminationin their work, the representative replied that very few cases of discrimination
were taken to court. Male and female workers could have recourse to the courts,
but there were no legal provisions on discrimination.
533. The legal minimum age to enter the labour market was 12 years; nodistinction was made between girls and boys. The labour law prevented the
exploitation of minors. The Code for Minors did not allow children to work injobs that deprived them of their normal development. In general, however, childlabour was not prohibited and hundreds of children could be seen working in thestreet and thus contributing to family income.
Article 12534. On the question whether measures had been developed that would improve thesituation of rural women in particular, the representative replied that only the
Ministry of Agriculture was managing a project for women in rural areas, which
unfortunately could not be implemented because of flooding. There were no
projects to improve the rural hygiene situation, which was very bad. In
particular, access to safe drinking water was unavailable in many areas.
Article 14535. The representative was asked about the participation of women in the
preparation and implementation of development plans generally, and in
agriculture in particular. In general, women in Ecuador took part in theelaboration of development programmes and policies, but their presence in public
life was still very small and insignificant. However, women did not reallyshape the future of the country and their contributions were not always
recognized by the changing Governments.

-99-Concluding comments of the Committee
Positive aspects
536. The Committee congratulated the representative of the Government of Ecuador
on the timely submission of the reports, which gave a clear and frankdescription of the current difficult situation in the country, particularly for
women.
537. While congratulating Ecuador on having ratified the Convention on
9 November 1981 without any reservation, the experts of the Committee noted that
not all legislation had been brought into line with the Convention.
538. They congratulated the Government of Ecuador on its successful literacy
campaign and the development of legislation which had made it possible toovercome some forms of discrimination.
Principal subjects of concern
539. They expressed deep concern at the serious discriminatory conditions
affecting Ecuadorian women and regret at the steady reduction in the capacitiesof the agency concerned, the National Directorate for Women of the Ministry ofSocial Welfare, as demonstrated by the fact that, over the past three years,
officials had held only provisional appointments and had lacked any support.
The Directorate was short of economic resources, enjoyed little politicalsupport and had only very limited capacity in terms of coordinating programmeswith other bodies. The fact that the few programmes it operated were dependent
on international cooperation resources was a cause for concern.
540. The members of the Committee emphasized the fact that, despite thecountry’s current economic problems, initiatives could be developed in favour ofequality at minimal expense, and indeed must be developed. An analysis of thereport submitted showed that legislation was still marked by serious
discriminatory features; customs tended to stereotype gender roles in a way thatwas detrimental to the advancement of Ecuadorian women; and State initiatives,
far from expanding, had undergone a serious decline. Those factors combined tocreate an extremely serious situation with regard to the human rights violations
addressed in the Convention.
Suggestions and recommendations
541. The Committee called for the implementation of fundamental legal reforms toeliminate legislation discriminating against women and to promote theiradvancement. It therefore requested that the Government take the appropriate
measures and report on progress made in that regard in the next periodic report.
542. It recommended that the Government strengthen the national agency for womenin political, administrative and financial terms, upgrade its status and give it
the capacity to coordinate initiatives for the advancement of women.
543. Every effort should be made to guarantee the basic services required toensure the survival of women in the most vulnerable categories. Programmes
should be developed to promote awareness among Ecuadorian men and women of theneed to modify cultural values which perpetuate discrimination in any form.
544. The Government should pay particular attention to preventing and punishingviolence against women.

-100-545. The Government should consider the possibility of bringing together womenactive in non-governmental organizations, political parties and grass-roots
movements, academic women and whomever else it might deem appropriate. They
could then join in a coherent national effort to deal with this criticalsituation, the solution of which would, to a great extent, depend on women’ssolidarity and determination to bring about changes.

Japan
546. The Committee considered the second and third periodic reports of Japan(CEDAW/C/JPN/2 and CEDAW/C/JPN/3) at its 248th and 249th meetings, on 27 and28 January (see CEDAW/C/SR.248 and 249).
547. In presenting the report, the representative of Japan underlined theimportance that her Government attached to the monitoring role of the Committee
and pointed out that the change in government in her country in August 1993 had
led to epoch-making changes with respect to the status of women, in particularwith regard to the participation of women in policy decision-making in various
fields. As examples she mentioned the appointment of three women Cabinet
ministers, of a woman as Supreme Court justice for the first time ever and of
the first woman Speaker of the House of Representatives. Copies of the tworeports had been widely distributed among members of the Diet, politicalparties, major women’s organizations and journalists. In drafting the third
reports, views of non-governmental organizations were also taken into accountand the Advisory Council to the Prime Minister had been consulted.
548. The main features of the current situation of women in Japan were theprogressive ageing of the female population, a decrease in the number of births,
a trend towards higher educational attainment, the tendency of women to marry at
a later age and an increase in the number of working women. Women occupied
prominent positions in the Administration, the judiciary and the legislature.
The rate of female membership in the Diet was 6.8 per cent and in national
advisory bodies it was 10.7 per cent. The proportion of women filling
managerial posts in the public and private sectors had also been increasing.
The representative highlighted the major achievements since the consideration ofJapan’s initial report in the areas of education, employment and agriculture.
She spoke of the plans for enhancing the authority of the national machinery byraising its membership to the ministerial level and appointing an Equal
Participation Coordinator with the rank of Director-General in every ministry
and agency.
549. Harmonization of work and family responsibility was of great importance toattaining de facto equality. That was why the Child-care Leave Law had been put
into force and subsidies given to employers to set up and run child-carefacilities. In the Japanese civil service women were free to take entrance
examinations in every job category. In 1989 Japan had revised the rules as towhich country’s laws applied in private international law cases, so as toestablish full equality of the sexes before the law with respect tointernational marriages and adoptions. She explained that since January 1991
the provisions in the Civil Code regarding marriage and divorce had been in theprocess of being reviewed. Local governments had been very active in promoting
measures relating to women since the ratification of the Convention and thecommunity of non-governmental organizations was very active in Japan. The
representative said that de jure equality had almost been attained; however,customs deeply rooted in stereotypes and the poor representation of women in thedecision-making process prevented women from achieving full de facto equality.

-101-General observations
550. Members congratulated the Government for the progress made in advancing thestatus of women, especially with regard to the big strides made in a short time,
considering the very traditional nature of the society. They commended theauthors of the two reports for having followed the Committee’s guidelines andfor having replied in the second report to the questions that had not beenanswered during the consideration of the initial report.
551. Regarding the remaining obstacles that still limited the advancement of
women, the representative mentioned stereotypes about the roles of women and men
in all spheres of life as the principal cause of persistent problems. A major
barrier to the participation of women in economic life was insufficient support
for the reconciliation of work and family responsibilities. It was, of course,
not possible to change the attitudes of people in a short time.
552. In additional comments members commended the extensive replies given to thequestions prepared by the pre-session Working Group and they appreciated thefact that in the preparation of the report non-governmental organizations had
been consulted. Members acknowledged having received a large number of counterreports from non-governmental organizations. That proved the democratic
attitude of the Government and showed that women in Japan were mobilizingthemselves. However, members felt that the Government should be more attentive
to observations made by non-governmental organizations, in particular withregard to the personnel management systems affecting women’s employment, and theissues of violence against women and prostitution.
553. Members considered that the status of women in Japan was not commensuratewith the level of economic development of the country. Women had made avaluable contribution to the country’s economic success without having been
given an adequate position in all spheres of life. Yet, in the current
recession, they were the first ones to suffer. Given the opportunity, women
would make a significant contribution to the political, social and culturaldevelopment of their country.
554. Regarding the reports, members felt that they referred only to the positivechanges. Although they contained much valuable statistical data, there was no
analysis of the obstacles to the advancement of women. It would have been
appreciated if the Government had prepared its third report after theCommittee’s session and had taken the Committee’s comments into consideration.
555. It was said that the Government, as a large donor country, ought to direct
its official development assistance towards helping to enhance the status of
women in recipient countries.
556. In concluding, the representative said that she would convey all thecomments made by members of the Committee to the Government in an effort toimprove the situation.
Questions related to specific articles
Article 2557. Asked about instances of discrimination against women and the legislativeand other measures that had been taken to put an end to such discrimination, therepresentative enumerated five instances: the obligation for women to retire at
an earlier age than men; the provision of dormitory housing for men, but not for-102-women; the exclusion of women workers from training programmes at factories; therecruitment of men as regular, but women as temporary, employees; and thepromotion of men over women in identical positions despite shorter records ofservice. In all those instances, appropriate judicial and administrative
measures had been taken to correct the injustices. In other cases, such ascomplaints that only men were recruited for positions requiring technicalskills, that women were not promoted on an equal basis with men and that in thearea of recruitment there was discriminatory treatment of female students as aresult of the recession currently gripping Japan, discriminatory treatment
continued. The Equal Employment Opportunity Law and the Labour Standards Law
were currently under review with a view to achieving equal employment
opportunity and treatment for men and women.
558. There were also instances of discriminatory customs and practices in areas
other than employment owing to stereotypes regarding gender roles; however,their number was declining.
559. In reply to the question whether the law relating to equal opportunity
provided penalties, the representative stated that gender-based wage
discrimination was a punishable offence. Breaches of equal opportunity andtreatment in private-sector employment, except for wages, were dealt withthrough administrative guidance following investigations made by the Ministry ofLabour. In additional comments, members said that the Equal Employment
Opportunity Law should provide sanctions in all cases of breaches of the law.
560. Asked about the possibility for women to have recourse to the courts orother tribunals if their rights were infringed, the representative said thatanyone might have recourse to the courts to assert rights granted to them under
the law. The public service laws provided for imprisonment or fines in cases of
discriminatory treatment and any public employee who had been subjected todiscriminatory treatment might lodge a complaint or institute a lawsuit.
Article 3561. Asked whether the National Women’s Education Centre offered courses toprepare women for public office, the representative replied that the Centre
contributed to the promotion of women’s education by organizing practicaltraining courses and conducting research. There were no courses to prepare
women for public office, but the goal was to empower women and promote their
participation in public life.
562. Regarding the types of studies and diplomas offered at the Open University,
the representative said that the university’s Faculty of Liberal Arts offeredcourses in science in daily life, industrial studies, social studies, humanities
and natural sciences, after which a bachelor’s degree in liberal arts could beconferred upon graduation.
563. Members commended the Government’s intention to strengthen the national
machinery and asked whether thought had been given to setting up the office ofequality ombudsman. They requested information in the subsequent report on thepolicies that were pursued to fulfil the targets set for the advancement of
women.
564. Members suggested that more attention should be paid to policy measures
regarding the status of disabled women and single mothers.

-103-Article 4565. Regarding the system of reintegration of women employees into theworkforce, the representative stated that women who resigned from work becauseof pregnancy, childbirth or child care could opt to be re-employed. The
Ministry of Labour provided a system of grants to employers that adopted and met
certain conditions and promoted a comprehensive support plan for thereconciliation of work and child care through the dissemination of information,
educational activities, child-care leave, reduced working hours, advice andguidance to enterprises. Since 1988, the proportion of firms that had adopted
that plan had increased to 19.7 per cent. One of the reasons for the low
percentage was the fear of some firms that they would incur extra expenses in
upgrading the skills of returning workers, in addition to the financial
difficulties brought on by the current recession.
566. In reply to questions regarding single-parent families, the representative
said that households headed by a single mother, irrespective of her marital
status, received loans, counselling, a survivor’s pension, a child-rearing
allowance and at-home care, and could also obtain night-time child care.
Additional special allowances included the payment of a vocational training
allowance and the payment of travel expenses.
567. Regarding the Week of the Women, the representative explained that norecords were kept on the number of participants, but most of them were middleaged or older women and, recently, a growing number of men. Efforts were being
undertaken to increase the number of younger participants and of men. Other
efforts to raise consciousness included the Equal Employment Opportunity Monthand a panel meeting to solve problems arising from stereotypes and to improve
the social environment through wide dissemination of the meeting’s proposals.
568. In additional comments, members expressed the view that not enough use had
been made of affirmative action, such as the setting of quotas. The question
was raised whether special temporary measures had been adopted to help in theemployment of young women during the economic recession.
Article 5569. Within the framework of the New Plan of Action to the Year 2000, one of thetargets of which was to improve the popular understanding of equality between
men and women, several ministries and agencies had undertaken consciousnessraising and public relations activities. The Ministry of Education had
established a curriculum extending from elementary to high school which taught
gender equality and understanding. Partly as a result of those activities, waysof thinking had begun to change, as could be seen from a public opinion poll
conducted in 1992. The representative supplemented that statement by somestatistical data.
570. Asked about legal measures in relation to sexual harassment, therepresentative stated that no specific legal measures existed as yet. The mostdifficult task was to alter the consciousness of supervisors and malecolleagues. The Ministry of Labour had established a study group to look into
the problem, launched a campaign and started providing advice to women workers.
In one specific case, the victim’s boss and employer had to pay damages under acourt order.
571. Regarding cases of domestic violence, the representative quoted statistical
data compiled in 1992. Although there was no particular provision in the code-104-for the punishment of abuse or maltreatment of a spouse, the use of violence,
infliction of bodily injury, confinement and rape were all criminal acts.
Article 6572. In reply to the question what available information had led to the commentthat there had been a decline in the number of arrests for prostitution-related
crimes, the representative said that dealing with prostitution-related cases had
become more difficult with the development of more sophisticated forms of
prostitution, such as "dispatch prostitution".
573. There was no statistical record on the incidence of violence against
prostitutes. Although it was illegal to be the client of a prostitute, there
was no provision for punishment.
574. Regarding the question whether the Government had considered providing
compensation to women who had been forced into prostitution, the representative
said that official organizations never forced women into prostitution. Although
the Government did not provide compensation to women who had been forced into
prostitution by individuals or private organizations, persons who solicited inpublic for purposes of prostitution might be sent to the Women’s Guidance Home,and girls and women in need of protection were provided with professionalcounselling, guidance and housing.
575. Asked about the provisions of the Anti-Prostitution Law, the representative
said that the law stipulated that prostitution impaired human dignity, wascontrary to sexual morality and corrupted the morals of society, and emphasized
the illegal and anti-social character of prostitution. The purpose of the Act
was to prevent, suppress and prohibit prostitution; however, only acts relating
to the promotion of prostitution, not the acts of prostitution, were put undersanctions.
576. In additional comments, members observed that the report included very
little information about cases of Asian women who had raised issues of
exploitation against Japan. Reference was made to cases of sex tourism, theabuse of other Asian women in the Japanese sex industry, mail-order brides andthe exploitation of women through forays of Japanese men into other Asian
countries. The Government was urged to discourage sex tourism. Particularreference was made to the fate of women who had been forced into prostitution by
Japanese men during the Second World War, often referred to as "comfort women".
It was suggested by some members that the Government should pay overall
compensation to the surviving victims without their having to go to court
individually, and create a women’s fund in memory of those who had died in themeantime, thus meeting its commitment to the women of Asia. They requested an
explanation about the measures the Government was planning to take to assist
those women.
577. It was said that the report did not provide enough data on prostitution,
pornography, violence against women, exploitation of immigrant women, theshelter situation for battered women and the punishments for those offences.
Members asked whether criminal gangs profited from the exploitation of women andwhether geisha girls or hostesses were still common. They urged the Government
to undertake a study on all of those issues and the underlying causes and reporton the policy measures taken.
578. In addressing those concerns, the representative said that the Prime
Minister had been asked to take stronger measures against organized-105-

prostitution. The Government was trying to curb sex tourism through legal
amendments that should forbid travel agents to arrange illegal acts fortravellers. Any form of prostitution was illegal and the Government was
intensifying efforts to protect the rights of foreign workers. Regarding theissue of "comfort women", a study had been undertaken in 1991 and when thefindings had been made public in 1993, the Government had extended its apologies
to all those who had suffered damage. The Government was considering how best
to express its remorse.
Article 7579. Members welcomed the appointment of female ministers and noted the Plan of
Action of 1977 for increasing the number of women in executive bodies. Askedfor clarification of the application of the Plan of Action, the representative
said that one of its five basic targets was to achieve participation in society
by men and women on an equal footing and one of the priority objectives was topromote women’s participation in policy decision-making. The Government wasseeking the cooperation of local governments, political organizations, labour
unions and women’s organizations in its task. To promote the participation of
women in administration, the Government had set an initial overall target of
10 per cent. The Government had promoted the employment of women as public
employees, reviewed the restrictions on women’s participation in recruitment
examinations for public service jobs, had in 1991 set a newly revised target
rate for women in national advisory councils, to be raised to 15 per cent by theyear 1995, and abolished all restrictions on women entering the regular national
public service.
580. While commending the election of a woman as Speaker of the House ofRepresentatives, members inquired about the reasons for the continuing low
percentage of women members of Parliament and the small increase in the numberof women in national advisory bodies and in local government. The
representative stated that the stereotypes concerning the roles of men and womenin society and the short history of women’s participation in political life were
contributing reasons for the situation. The expansion of women’s participationin policy decision-making was one of the priorities of the New Plan of Action.
More specifically, the low number of women in national advisory bodies was
related to the small number of women who held senior public posts and were in
leadership positions. Therefore, the national machinery asked that more womencandidates be recommended to advisory councils and be promoted in their own
organizations. The low number of women in local government was explained by the
low number of women who played active roles, held high positions or had thenecessary knowledge or qualifications.
581. Asked about the rate of participation of women at the upper levels inpolitical parties, the representative said that the percentages varied from 1.2
to 18.1 per cent. Their membership varied from 6.1 to 44.8 per cent. The
proportion of female trade union members stood at 28.2 per cent in 1993.
582. Regarding the enrolment figure of women in the National Defence Academy,
the representative said that, with a total of 71 female students, women had
accounted for 7.5 per cent of the total number of students since 1992.
583. In additional comments, members urged the Government to take specific steps
to improve the status of women in positions of power and decision-making.

-106-Article 8584. Asked about the number of women filling diplomatic posts, therepresentative stated that in 1993 14.8 per cent of the officials in the
Ministry of Foreign Affairs were women. Of the candidates who had passed theForeign Service Specialist Officer Examination in 1993, more than half had been
women. There were four women ambassadors. Members suggested that thesubsequent report give information on the percentage of female ambassadors andwomen holding posts in international organizations.
Article 10585. Members inquired whether the reasons for the somewhat more optimistic view
regarding the percentages of girls studying non-traditional subjects during theperiod covered by the third periodic report were the result of any particular
strategies. The representative said that women had been participating in agreater variety of fields of study as a result of changes in attitudes about
gender. The Ministry of Education was trying to develop awareness of theequality of men and women at each grade level in elementary and secondary
schools and guidance counsellors were encouraging students to select courses ofstudy free of any preconceived notion about gender suitability.
586. Asked for clarification concerning the "open courses" and specialized
education, the representative explained that university extension courses
provided learning opportunities to adult citizens in various fields. The
courses were open to everyone. The open courses provided opportunities to gain
specialized knowledge and vocational skills about daily life and current issues.
More than half of the participants were women.
587. Regarding any plans to reform the curriculum in order to expand thesubjects offered at all levels, the representative stated that after the reformof 1989, the national curriculum for both elementary and secondary education
became the same. Home economics was mandatory for all students at the upper
secondary school level and industrial arts and home-making had to be taken byboth boys and girls at the lower secondary school level.
588. Members noted the women’s studies programme offered by the National Women’s
Education Centre and commended the attempt to introduce comparativeinternational information through seminars as beneficial to Japanese women.
589. Regarding consciousness-raising about gender equality and the corresponding
training of teachers, the representative said that the Ministry of Education
attempted to give teachers sufficient information about gender equality byholding curriculum classes for each area or prefecture.
590. In additional comments members expressed appreciation for the changes madebut said that the reversal of stereotyping in the education system and in the
media needed to be extended. Attitudes needed to be changed at an early age andgreat importance should be attached to the sex education of children.
Article 11591. Members asked whether the principle of equal pay for work of equal value
was being considered and what procedures existed for the settlement of disputes
concerning remuneration. The representative explained that the data supplied in
the reports did not permit a comparison of average remuneration of men andwomen. The main factors accounting for a difference in the average remuneration-107-

of men and women were seniority, the occupation of the employee and the type ofindustry in which they worked. The Government was trying to strengthen measures
to promote the compatibility of work and family responsibilities and to ensure
equal opportunity and treatment, in order to narrow the remuneration gap. In
addition, the Government had published guidebooks for students to encourage themto consider occupations other than those traditionally taken up by women, andwas also organizing meetings to discuss ways of utilizing women’s abilities inall fields. Labour standards inspectors supervised the observance of ILO
Convention No. 100 concerning equal pay for equal work for men and womenwhenever a complaint was filed and also when a violation was revealed as aresult of an inspection. In many cases damages had been awarded as a result of
lawsuits.
592. Remuneration consisted of the basic wages and allowances. Under theJapanese wage system, it was difficult to apply the concept of equal pay forwork of equal value or evaluation systems based on gender-neutral criteria, as
contained in the Committee’s general recommendation 13.
593. Asked whether the Labour Standards Law also dealt with health and safety
rules at the workplace and what sanctions were provided for violations of thelaw, the representative said that issues of safety and health at the workplace
were addressed by the Industrial Safety and Health Law, according to which theemployer had to ensure the safety and health of workers by establishing a
comfortable working environment and improving working conditions in addition tocomplying with minimum standards. The sanctions were imprisonment or fines.
594. Regarding the type of protection that was afforded to women in
agricultural, forestry or fishing industries and the problems that theyencountered in ensuring the economic well-being of their families, therepresentative said that since only 7 per cent of the women working in thosebranches of industry were employees, the rest being self-employed or family
workers, safety measures and working conditions tended to be poorly controlled.
However, the competent ministry undertook several measures to improveconditions, such as consciousness-raising and training activities, mutual labour
assistance programmes and the establishment of model farms. Female workers inthose fields of industry were protected by the relevant labour laws just likefemale employees in other industries. The major difficulties for those women
were to balance their occupational with their household responsibilities and tocope with the undefined role of women in those operations. The ministry
provided education through homelife-improvement extension programmes andpromoted the reaching of household agreements on the roles and situations offamily members, since in those occupations the male head of household was mostly
the decision maker and other family members provided the labour.
595. Asked about the rate of unemployment among women and any assistanceprovided to ensure minimum living standards for their families, therepresentative said that owing to the prolonged recession the unemployment rate
was rising for both men and women. It stood at 2.8 per cent in November 1993.
Unemployment benefits ensured a minimum living standard and were provided
regardless of sex for a limited period of time, depending on age and length ofprevious employment. The Government was currently trying to devise effective
employment measures.

-108-596. Regarding a question about the pension systems in the public and in theprivate sector and the differences between them the representative explainedthat the national pension schemes provided basic pensions for all. Salaried
workers in the private sector were automatically insured under the Employees’
Pension Insurance and persons working in the national and local government werecovered by the Mutual Aid Association. As the coverage differed in the various
schemes, the Government was planning to unify the public pension schemes by
1995.
597. With reference to the current status of the family-care leave scheme, therepresentative said that the number of firms that had introduced the scheme was
gradually increasing. The guidelines issued by the Ministry of Labour described
the minimum conditions applicable to permit a worker to take leave to care for afamily member, such as duration and gender equality, and contained a list of thepersons for whose care leave might be taken. The employee should also be given
the choice between taking such leave or making use of such measures as flex-timeor staggered working hours. The guidelines had been widely disseminated andwere being adopted by many firms; however, the family-care leave scheme had not
become law as yet.
598. In additional comments, members appreciated the progress in the employmentof women but said that much more needed to be done in areas such as equal
employment opportunity, part-time employment and wage disparity. Members
observed that the principle of equal pay for equal work had not been complied
with, since according to their information women received only 40 per cent of
men’s wages. They asked what practical measures the Government was considering
to improve the situation. Members referred to similar comments that had been
made during the presentation of the initial report. Members felt that women in
Japan seemed to be subjected to indirect discrimination through the separate
personnel management track systems practised by private companies. Such
practices needed to be prosecuted just as much as those involving directdiscrimination and measures should be taken to make private firms comply fully
with the law. The question was raised whether the Government had anunderstanding of the concept of indirect discrimination, of which such separate
track systems were an example; the Government was urged to include that concept
when reforming the Equal Employment Opportunity Act. Questions were raised as
to who paid for child-care leave, the Government or the employer, and the kindof obstacles men faced in taking such leave. When women re-entered the labour
market, mechanisms should exist to prevent their being forced into part-time
employment. Members said that Japanese companies did not make full use of
women’s skills and capabilities.
599. Asked about measures to improve the status of part-time workers, therepresentative said that part-time workers were covered by the Labour Standards
Law, which set minimum labour standards. In order to improve their welfare andworking conditions, the Law Concerning the Improvement of Employment Managementof Part-time Workers had been enacted and put into force in 1993. A number ofmeasures had been taken on the basis of that law, and efforts in that direction
were expected to intensify.
600. With reference to the Japanese wage system, which is based on seniority,
the representative said that it was not discriminatory towards women because of
the child-care system. The provision of vocational training for women who
re-entered the labour market was paramount.

-109-601. Members asked whether measures had been taken to reduce the working week to
40 hours in order to strengthen the family.
Article 12602. In the course of additional questions raised, members asked whether there
was a nationally organized screening programme for cervical and breast cancer.
603. Members referred to the medical tests that were mandatory for women serving
in private bath houses. The fact that they were not informed of the results
constituted a violation of human rights.
Article 14604. In referring to the status of rural women, members said that particularattention should be paid to them as their traditions were usually the strongest
and progress difficult to achieve. Special programmes should be designed to
involve rural women in decision-making.
Article 16605. Members observed that very little information had been supplied in thereports relating to the reform of the Civil Code intended to improve the statusof women and children in the family and asked for clarification of the current
legal situation of women in the family. The representative said that a national
advisory commission had started reviewing the provisions concerning marriage anddivorce under the Civil Code. An interim report had been published in 1992 andthrough mid-May, the views of the public and the courts had been solicited until
mid-May 1993. On the basis of those views, the deliberations on the relevant
issues were still ongoing.
606. In additional comments, members referred to discriminatory practices
relating to marriage and family relations, such as those regarding theprohibition against women remarrying within a certain period and children bornout of wedlock. Greater consideration should also be given to the elderly
female population and, following related research, information should be
provided on policy measures and programmes. Members asked also when the ongoing
review of the Civil Code would be finished and what the reasons for the recent
increase in the divorce rate were. Members stressed the need to address rigid
gender-role stereotypes in the family and to increase male participation infamily life.
607. The Committee deferred its concluding comments on the reports of Japan
until its fourteenth session.

-110-New Zealand608. The Committee considered the second periodic report of New Zealand(CEDAW/C/NZL/2 and Add.1) at its 243rd meeting, on 25 January (seeCEDAW/C/SR.243).
609. In presenting the report, the representative of New Zealand stated that theGovernment took its responsibility to the Committee very seriously and had
endeavoured to prepare a report showing an accurate picture of the situation of
New Zealand women.
610. The representative noted that her country had just celebrated thecentennial of women‘s suffrage. New Zealand had been the first self-governing
country in the world to give women the right to vote. The celebrations to markthe occasion had involved the extensive participation of the Government andwomen’s organizations. The event provided an opportunity to assess the current
position of women and to consider what was needed to be done to achieve true
equality. She noted further that 1993 had been the International Year of theWorld’s Indigenous People, and said that many of the events connected with thesuffrage celebrations had picked up the theme of indigenous women.
611. Her country had withdrawn its reservation concerning the employment of
women in underground mines. However, while women’s employment in the armed
forces had increased, the country was not yet in a position to remove its
reservation concerning women in the armed forces. New Zealand also maintained
its reservation on paid maternity leave. The Government regarded payment formaternity leave as a matter for negotiation between the parties to an employment
contract.
612. The Government had passed a new Human Rights Act in 1993, extending the
grounds of prohibited discrimination. Its grounds would now cover genderissues, including pregnancy, childbirth, sexual harassment, marital and family
status, sexual orientation, disability, age, race, religion, employment status
and political opinion. The Act would come into force in 1994. The country’s
Human Rights Commission had also been granted more funds to carry out its
enhanced duties.
613. The country had been undergoing a process of economic and social reform
aimed at revitalizing the economy. To reverse the imbalances created by pastpolicies of insulation and agricultural protectionism, the economy had been
extensively deregulated, agricultural subsidies had been abolished, import andforeign exchange controls relaxed, tariff barriers reduced and State assets soldor corporatized. While the reforms had brought hardships, the ultimate purposeof those measures was to enhance living standards on the basis of sustainableeconomic growth.
614. In response to a question on the impact of structural adjustment programmes
on women, the representative said that a poorly performing economy would not
help women in the long term, either economically or socially, hence the need forreform. She acknowledged the pressures many New Zealanders experienced during
the period of structural adjustment, but said that the positive effects werebeginning to be seen. There were clear indications that the country was now on
track for sustained and sustainable growth. Some of the reforms had focused on
the country’s welfare system, which still remained one of the most generous in
the world. There had been no reduction in spending on either education or
health.

-111-

615. The Committee noted the possible adverse effects of structural adjustment
on women and asked whether a study on those effects had been conducted.
616. Referring to the role of the Ministry of Women‘s Affairs andnon-governmental organizations since the last report, the representative
informed the Committee that the Ministry was regarded as a key policy agency
involved in most major policy developments. She also acknowledged the importantrole that non-governmental organizations had played throughout the country’s
history.
617. The representative noted a number of long-term trends affecting women,
including changes in family structure; the increased participation of women in
the workforce, of which women made up 43 per cent; the greater number of women
who had established their own businesses; the increased participation of womenin the traditional male professions; and greater numbers of women in public
life, including the appointment of the first female High Court judge, in 1993.
The representative noted that women’s average remuneration remained less thanmen’s.
618. Particular concerns included the growth in single-parent households, mostof which were headed by women and had less income because of their relatively
lower participation rate in paid employment, and the number of ageing women.
Most people over the age of 75 were women, most of whom derived a highproportion of their income from State-funded superannuation payments.
619. With respect to violence, she observed that the issue had been of publicconcern for a number of years and that the reduction of violence was a priority
for the Government. Measures to reduce and prevent violence included thesetting up of family violence prevention networks, rape crisis centres and men’s
non-violence support groups. New legislation had been passed that took astronger approach to the control of pornography, providing for censorship to be
based on the actual or likely harm to be caused by a particular material. It
removed the distinction between the public and private use of pornographic
materials and imposed greater restrictions on such materials.
620. The representative stated that women’s health was a key issue. She notedthat cervical cancer, identified as a preventable disease, had been killing over
100 women a year. A national cervical screening programme had been established,which had a particular emphasis on the Maori and Pacific Island women. Breast
cancer was also being addressed. The improvement in health services for Maori
women had also been emphasized. Attempts had been made, with some success, toencourage healthy lifestyles and to reduce the high incidence of smoking among
Maori women.
621. Another positive development among Maori women had been their increased
participation in the business sector. Their rate of growth in establishing
their own businesses was faster than that of Maori men or any non-Maori
New Zealanders, although they started from a lower baseline. Various
initiatives had been launched to encourage Maori women to take a role inbusiness and to develop further their entrepreneurial skills, including the
Wahine Pakari programme and the establishment of the Maori Women’s Development
Fund.
622. State-funded Maori immersion education had been provided, and theGovernment was committed to continuing financial support for the programme.

-112-623. The Government had set up a steering committee to prepare for the Year of
the Family. It would be used as a spur to improve parenting skills in thesociety and for the improvement of the care of the elderly and children.
624. In introducing the report of Niue, a self-governing State in freeassociation with New Zealand, the representative reported that Niue hadunrestricted legislative competence regarding the rights set out in theConvention. Women had made significant strides in public life as well as inmale-dominated occupations. Niue was a full member of UNESCO and was seeking
membership in WHO.
625. Regarding Tokelau, New Zealand’s last remaining non-self-governing
territory, the representative said that the constitutional changes currently
being implemented would continue the process whereby Tokelau, at its own pace,would assume greater control of its own affairs, including the manner in whichrights accorded to Tokelauans under the Convention would be protected.
General observations
626. Members of the Committee indicated their general satisfaction with thereport, its presentation, its comprehensiveness and the information contained
therein. Concern was expressed about the remaining reservations on women in thearmed forces and on paid maternity leave in a country where there was such alarge number of women in the workforce.
627. The view was expressed that, although it was gratifying to note that themachinery for women’s affairs was well established and that it had an increased
budget, information was needed on the existence of local machinery.
General questions
628. In response to a question on the extent to which there was consultation
with non-governmental organizations in the preparation of the report, therepresentative said that such organizations were involved at all stages of theprocess, with involvement on the part of organizations of Maori women.
629. The Committee took note of the reports of Niue and Tokelau contained in theannexes to the New Zealand report and asked if these were the only States
associated with New Zealand. If they were not, the Committee asked why reports
from other States had not been submitted. In response, the representative said
that when New Zealand had ratified the Convention in 1985, in accordance withthe practice at the time, that ratification had also been extended - with theiragreement - to Niue, Tokelau and the Cook Islands. The Cook Islands, like Niue,
was a self-governing State in free association with New Zealand and wastherefore responsible for implementing the obligations under the Convention.
The Cook Islands was aware of its responsibilities, but with only limited
resources it had been unable to complete its report in time for the present
session and would be submitting its report as soon as possible.
630. In response to the question whether New Zealand had provided technicalassistance to the Cook Islands in the preparation of its report, therepresentative noted that assistance had been given for the text, but that the
preparation of the report was considered by the Government of the Cook Islands
to be its own responsibility.

-113-

Questions related to specific articles
Article 2631. Members asked about an apparent discrepancy between the reservation onmaternity leave with pay and various legislative measures to prohibit
discrimination, such as the new Human Rights Act.
632. The additional question was raised whether the Ministry of Women’s Affairs
and the trade unions had taken up the issue of women’s rights regarding paid
maternity leave. The representative explained that the Government consideredthat payment for maternity leave was a matter for negotiation between theparties to an employment contract and therefore not subject to government
direction. However, the provisions of the Parental Leave and Employment
Protection Act provided for unpaid leave for parents in both the private and the
public sectors, and employees could negotiate better terms and conditions forpaid maternity leave. She noted that most women in the public sector werecovered for six weeks’ paid leave.
633. In response to a question about the basis for complaints taken to the Human
Rights Commission and how those complaints were settled, the representative
informed the Committee that marital status complaints made up 17 per cent of allcomplaints received. The majority of those involved access to credit and joint
accounts. Such matters had been settled through mediation and had resulted incompensation and the revision of the policies of the private sector institutions
involved. Allegations of sex discrimination, other than in the area of marital
status, constituted over 70 per cent of the complaints taken to the Human Rights
Commission, the majority being in the area of employment.
634. Replying to questions about differences in rates charged to men and womenfor insurance policies and whether that might adversely affect certain groups ofwomen, the representative explained that the Human Rights Act exemption in
respect to superannuation of life insurance was a result of the different life
expectancies of women and men. Exemptions were only permitted when they were
supported by actuarial or statistical data. On the average, given the different
periods of contribution and the longer life span of women, men and women
received the same total benefits from the plans.
635. In an additional question, it was asked why the Human Rights Act had left
out political parties, private clubs and churches.
Article 4636. Answering the question whether the centennial celebrations of women’s
suffrage and the related activities, including those financed by the Suffrage
Centennial Year Trust Fund, had been evaluated, the representative observed that
it was too early to evaluate the results of the suffrage centennial. A range ofactivities had been undertaken by the Government, in collaboration with
non-governmental organizations, that included educational and research
activities, international conferences, projects, television documentaries, films
and books about women in the country, in addition to radio broadcasts and shortsnippets about women’s lives, their achievements and history. Funds had been
distributed to hundreds of projects throughout the country. The theme of thecentennial had been "celebrating the past and challenging the future". It hadprovided an opportunity to assess the situation of women and to identify thenext steps.

-114-637. Replying to a question about the financial support provided to supplement
training and the Wahine Pakari programme, the representative explained that
financial support had increased eightfold over the last two years. She notedthat upon completion of the six-week training course for training motivators,
the graduates trained other women in their own communities and were paid to doso. There were other funding sources available from the Government.
638. In response to the question whether women’s studies courses were wellattended and available at academic institutions, the representative said thatwomen’s studies programmes were offered by some secondary schools and most
universities and polytechnical institutions and they were usually fully
subscribed.
Article 5639. In answering a question regarding the effectiveness of "counter-sexist"
teaching materials and the running of "counter-sexist" training courses, therepresentative affirmed the Government’s commitment to gender-inclusiveness inall aspects of education policy and development and its goal of ensuring
equality in educational opportunity by identifying and removing barriers toachievement. The Ministry of Education had developed strategies, including
non-stereotypical role models and non-sexist language, but there had been no
substantial long-term monitoring of the effectiveness of either the resources or
the training courses. The material had been in use for nearly 20 years and had
been greatly expanded and improved.
640. Replying to the question whether, in family education, prenatal andpostnatal education had been extended nationwide, particularly to Maori women,
the representative stated that a number of organizations, including Crown HealthEnterprises, general practitioners, practical nurses and others, provided sucheducation. There was some evidence that mainstream services were not well usedby Maori women, who had a different profile from their non-Maori counterparts.
That had led health-care authorities, Government departments and Maori women’sgroups to explore different ways of meeting the particular needs of Maori women.
Examples of such initiatives included the Tipu Ora programme, which supported
Maori women during pregnancy, and had resulted in a reduction in smoking,promotion of breast-feeding and a significant reduction in Maori infant cot
deaths, the establishment of Whare Paruora health clinics, Government-funded
research into new models for the delivery of prenatal and postnatal care to
Maori families and Government funding for iwi (tribal) based health programmes.
641. Regarding a question about the response from women’s groups to theenactment of the Films, Videos and Publications Classification Act in 1993, therepresentative explained that women’s groups had been active in bringing about
the changes in censorship legislation. The act, which would come into effectafter the three existing censorship bodies were combined into a single office,would place greater restrictions on the availability of violent and pornographic
material, introduce new controls on the displaying of the material and set
penalties for the possession of banned materials. The representative said thatsome women’s organizations had wished for the legislation to be more
restrictive, but that all would agree that the changes represented a significant
and positive shift in censorship policy.
642. Asked whether the cause of the increase in the number of abused womenseeking protection in shelters had been investigated in the light of thepreventive measures adopted by the Government, the representative indicated thatthat fact did not necessarily reflect an increase in violence, but rather an-115-

increased awareness of the availability of sources of support for victims.
Measures included an active arrest policy with respect to domestic violence,
where all cases were treated in the same manner as assault attacks between
strangers, so that arrests could be made without the victim having to press
charges. The representative referred to research that had suggested thatstrategies for the reduction of family violence needed to address such issues as
power and control, parenting and child-rearing practices, and social structural
factors.
643. In reply to the additional question whether there was specific legislation
on violence against women as opposed to random violence, the representative
indicated that such legislation did exist.
644. Asked, further, whether the attitudes of men towards sharing domestic work
had changed, the representative noted that men had to change their attitudes
further.
Article 6645. The representative informed the Committee about the response of the generalpublic and women’s groups to the increase in the spread of HIV. She observedthat there was evidence that sex workers in New Zealand were relatively free of
HIV/AIDS. The number of women infected with AIDS was as low as 17 out of the
48 HIV cases that were diagnosed in June 1993. The widespread use of condoms,
predating the appearance of HIV/AIDS, was indicated as the factor contributing
to the low incidence among sex workers. In addition, the representative
indicated that women’s groups had been concerned about the risks of latediagnosis of women infected with HIV/AIDS and had identified the need for
information programmes that specifically addressed the issues of pregnancy andbreast-feeding. Funds had been made available by the Government for educationand sexual health programmes.
Article 7646. In response to a question regarding the decreasing number of women in highexecutive positions, contrasted with the increase in the number of women inlocal government, the representative brought to the attention of the Committee
figures that showed an increase in the number of women in Parliament since 1984.
She noted that women had occupied various positions in the Cabinet since 1947.
Women in New Zealand would be curious to see if the new electoral system basedon proportional representation, adopted in 1993, would lead to further increases
in representation. Women had always been more successful in local government.
There were no definitive studies on why women were more successful at local
levels. The theories that had been put forward claimed that women wereattracted to local politics since they could combine official duties with their
responsibilities at home.
647. In an additional question, further information was requested on obstacles
to women obtaining high-level posts in politics.
Article 10648. Replying to the question whether the closure of schools in rural areas,
with a resulting inconvenience to rural families, coupled with the reduction of
the education budget, had adversely affected poor people and those living inrural areas, the representative stated that, on the contrary, the expenditures
on education had increased substantially during the past three years. It was-116-pointed out that a rural school closed only when the school roll fell below
10 students, that the Government provided transportation assistance from home toschool, that no fees were charged for pre-tertiary schoolchildren receiving
education by correspondence and that the Government supported rural studies
through a range of other initiatives.
649. In response to a question about the declining number of Maori and PacificIsland girls entering higher education, as indicated in the report, therepresentative stated that there had been no such decline. The text of thereport referred to the differing proportions of Maori and non-Maori females
entering tertiary education directly from school. Maori students took a break
and worked before they entered tertiary education. Between 1986 and 1991, thetotal number of Maori university students had more than doubled and more thanhalf were women. The Government was pursuing strategies to improve theparticipation rates and attainment levels at all levels of education.
650. A number of members referred to a report, prepared by a non-governmentalorganization, which highlighted the problem of fee increases for tertiary
institutions and their implications for women, and asked whether the relevant
authorities were aware of those problems. In response, the representative
stated that the Government had been committed to increasing the availability oftertiary education in a fiscally responsible way. Loans were available tostudents to cover fees and their living expenses, and they were not required to
repay the loan until they were in the paid workforce. More women, at a moremature age, were entering tertiary education than in the past, their number
doubling between 1988 and 1993. Women were moving towards equality in enrolment
in science, and a comparable number of women and men were enrolled in veterinaryscience, medicine and dental surgery. There was an increased percentage ofwomen graduates in medicine, natural sciences and engineering.
Article 11651. In clarifying the reasons for the differences observed in unemployment
rates among the female population in the different ethnic groups, therepresentative explained that the figures for unemployment in the female labour
force in 1993 (21.4 per cent for Maori females, 19.8 per cent for Pacific Island
females and 6.1 per cent for European females) represented a drop in theunemployment rates of the two first groups from 29.2 per cent and 25.6 per cent,respectively, in 1991. There was no single reason for the different rates of
unemployment among ethnic groups. Contributing factors included therestructuring of the economy, which had led to a reduction in the number of
unskilled jobs, a shift away from the manufacturing sector, and a lack of
employment opportunities in regions where Maori and Pacific Island women weremore concentrated, and lower levels of retention and attainment rates for Maori
and Pacific Island girls in the education system. Education and training werevital for Maori and Pacific Island women, and the Government had a commitment toassist disadvantaged job seekers and to develop measures for people who had notreceived formal institutional education. In reply to the additional question
whether changes in the industrial environment had reduced the bargaining powerof trade unions, with a resultant adverse effect on women, the representative
stated that current legislation continued the move from occupation-based toindustry-based bargaining. The current legislation did not replace collective
bargaining, but rather provided options for contract forms. The current law
extended personal grievance provisions to all workers and now included sexual
harassment as a basis for complaint.

-117-652. In answering an additional question about the principle of equal pay forwork of equal value, the representative indicated that a kit had been producedon gender-neutral job evaluation for use by large organizations.
653. It was asked whether the unemployment rate had led to an amendment inunemployment benefits and whether the six-month waiting period was still inforce.
654. An additional question was why women were employed primarily in part-timejobs. Further explanations were requested.
Article 12655. In providing additional information on the impact of the decentralization
and restructuring of the health-care system and the effects of the changes on
health care, the representative said that 80 per cent of total healthexpenditure was publicly funded and that the funding levels had been maintained
during the economic recession. She added that the mechanisms for services had
been restructured to improve access and effectiveness, while costs were
contained. Area health boards had been replaced by four regional healthauthorities, which acted as purchasers of services for their population. In
addition, a core national health advisory committee had been established toadvise the Government on the services to be funded. The medium-term objectives
for health services included improving the access of New Zealanders to healthand disability services, improving the quality, effectiveness and efficiency ofthe services, and providing assistance to the poor. Under the restructured
health system, women’s access to services should be maintained and in some cases
improved, particularly access for Maori women. Consumer choice and protection
would be enhanced.
Article 14656. It was asked why the pilot project on mammography had been restricted to anolder age group.
657. Questioning the practice of the eldest son as the first choice for theinheritance of a family farm, the representative said that it was not a legal
position but was a practice in family farming. It was based on the perceptionthat agriculture was a male occupation; increasingly, however, more women werefarm managers in their own right, owners or full partners with their husbands.
Concluding comments of the Committee
Positive aspects
658. The Committee noted that the second periodic report of New Zealand
indicated new developments in the area of the advancement of women which had
occurred since the submission of the first report. Among those positive
developments were:(a) The withdrawal of some of the reservations introduced by New Zealandupon ratification of the Convention;(b) The adoption of the new Human Rights Act which extended the area ofprohibited discrimination to cover sex, including sexual harassment, marital andfamily status;-118-

(c) The enactment of legislation in 1993 which attempted to curtail
harmful material in the area of pornography;(d) The implementation of many projects aimed at the enhancement of thestatus of women during the celebration of the centennial of women’s suffrage;(e) The establishment during those celebrations of a trust fund to foster
projects that enhanced the status of women;(f) The close cooperation between the Government and the non-governmentalorganizations in New Zealand was commendable and a model to be copied by others;(g) Violence against women had been taken seriously and there was apolicy, particularly that adopted by the police designed to combat the problem;(h) Finally, the Government had achieved remarkable results in the
struggle towards realization of de facto equality for women.
Principal subjects of concern
659. The Committee, however, expressed its concern about the economic structuraladjustment programme and its impact on women’s lives, particularly in the poorer
sections of the society. That was in spite of the Government representative’s
reassurance that several socio-economic support measures had been introduced toovercome the impact of the restructuring process.
660. The Committee equally noted that women’s annual income was not equal withthat of men for many reasons, particularly because of their need to accommodate
family responsibilities. Although the Government had taken measures to improve
women’s income, it had abolished pay equity legislation during the reporting
period. More efforts needed to be taken to alleviate the burden on women inthat respect.
661. In the field of employment more affirmative action needed to be taken by
the Government, in cooperation with the private sector, to help women cope withboth family and work responsibilities. Such affirmative action would help
integrate women in full-time employment and avoid limiting their participationin the workforce to part-time or lower paid jobs.
662. The Committee also noted its concern that changes in legislation werelikely to weaken the trade union movement in New Zealand. Without strong union
support, women in paid employment would lack the means to negotiate better
employment conditions with their employers.
Suggestions and recommendations
663. The Committee suggested that the Government review its reservations with
the intention of withdrawing them, particularly that entered to paid maternity
leave. The Committee found it difficult to understand why paid maternity leave
had not been implemented in working life.
664. The Committee urged that in its next report the Government provide moredetailed information about the obstacles which still existed and prevented womenfrom achieving full equality.

-119-665. More research analysis was also needed on how the ethnic minority groups
might achieve the same levels of equality as the majority of women in
New Zealand.

Senegal666. The Committee considered the second periodic report of Senegal(CEDAW/C/SEN/2 and Amend.1) at its 247th meeting, on 27 January (seeCEDAW/C/SR.247).
667. In introducing the report, the representative of the Government of Senegal
noted that the socio-economic situation of the country had remained influenced
by the unfavourable exchange rate for national products, external debt, climaticconditions, structural adjustment measures, high inflation and other negative
factors affecting the country.
668. He emphasized that the status of women in his country had evolved since thecolonial period. He stated that the colonial aim had been to concentrate on
women in their reproductive role. They had no access to education, and there
was no intention of abolishing traditional practices.
669. The representative noted that, since independence and following the
adoption of appropriate legislation, efforts had been made to raise awarenessamong the population regarding improvements in the areas of health andeducation. He also emphasized the issues related to women’s role in the family,
development, food, self-sufficiency and work in the informal sector.
670. The representative also informed the Committee that recently there had beensignificant progress in women’s education and that the enrolment of women inschools was on the rise, including in higher education. Employment among women
had also increased, with most women working in the agricultural sector, while
the remainder worked largely in fisheries. However, access to credit remained a
problem, though efforts were being made to redress it.
671. Regarding the inclusion of women in the labour force, the representative
stated that women represented 8 per cent of all workers in the private sector
and 15 per cent in the public sector. In the private sector, women were paid bypiece-work, while men were paid by the hour, manifesting serious inequalities.
672. In respect to female circumcision, the representative stated that some
20 per cent of the population still practised genital excision withoutanaesthesia or psychological counselling, leading to severe health problems
among women, including haemorrhage. He noted that the authorities did not
approve of the practice, but it was not prohibited under the country’s Penal
Code.
673. Regarding prostitution, the representative indicated that althoughprostitution was not illegal, it had been pointed out as the source of thetransmittal of sexual diseases. He indicated that prostitutes were required by
the Ministry of Health to be registered, and failure to do so resulted in penal
measures such as imprisonment. He also said that HIV/AIDS was linked toprostitution, with 30 per cent of all cases of HIV/AIDS being women.

-120-674. The representative indicated that violence against women remained a problem
although the Penal Code provided for legal redress. Rape was also frequent inspite of the severe penalties, and sexual harassment, which was sometimes
confused with men’s advances towards women, was an issue not dealt with under
the Code.
675. With respect to family planning, the representative observed that therising demographic trend (2.8 per cent yearly) and high maternal mortality had
led the authorities to start a policy for the establishment of family planningcentres, which had multiplied since 1970, partly with the assistance of UNFPA.
Awareness of contraceptive methods had increased (89.8 per cent for all
methods), but their use remained low owing to cultural traditions. On the other
hand, abortion was a crime as well as taboo. Finally, he observed that social
benefits included medical care, maternal assistance and full pay during
maternity leave.
676. In respect of the political participation of women, the representative
noted that the place women occupied in the political arena was very restricted.
Only three women had become members of the Government, while in Parliament, of
120 members, only 15 were women. There was only one female Mayor, and no womenheaded any political party, not even the Socialist Party, where women
represented 600,000 of the 800,000 members.
677. Regarding the legislative measures taken by the Government, therepresentative stated that obsolete measures in the family law that granted
certain powers to the husband, such as in the legal domicile and the right tooppose the practice of a professional activity, had been revoked.
678. The representative observed that the Ministry of Justice, in collaboration
with all relevant ministries, was responsible for the preparation of theperiodic report on the implementation of the international instruments. The
report to the Committee had been prepared in consultation with non-governmentalorganizations, which offered their comments and suggestions. Thoseorganizations had also contributed to the distribution of the present report.
General observations
679. The Committee noted the political will of the Government to change thestatus of women, but also that there was still discrimination against women andthat their potential contribution was not fully acknowledged. It was felt thatthe report should have addressed the actual situation of women to determine
their progress, and it was suggested that the next report should provide
information on rural women, prostitution and disabled women, and should include
more statistical data on the de jure and de facto situations.
General questions
680. In response to the comments made by members of the Committee with respect
to statistics, female circumcision and structural adjustments in the economic
and social fields, the representative stated that his introductory statement
contained the answers to those issues.
681. In his reply to the question whether the Ministry of Social Development had
replaced the former Ministry for the Status of Women, and what impact that would
have on the Inter-ministerial Committee and the National Consultative-121-

Commission, the representative stated that it was an evolution of the feminist
policy of the Government. The intent was to group the various politicalcomponents under one ministry, which would also be responsible for the
implementation of that policy.
682. With respect to the Inter-ministerial Committee, the representative
observed that its role was to ensure follow-up action to the feminist and family
policies defined by the Government. All relevant ministries were represented on
the Committee.
683. The role of the National Consultative Commission was to assist the Head ofState in defining feminist and family policies. In relation to the budgetaryprovisions for the Ministry of Women’s, Children’s and Family Affairs, therepresentative observed that it received an allocation similar to that of otherministries, as provided under the Finance Law approved by the Parliament.
Questions related to specific articles
Article 1684. Asked about the definition of discrimination in the national law, therepresentative indicated that a working group had been established in 1993 withthe task of adapting the national legislation to the international instruments
ratified by the country.
Article 2685. With respect to the offence of family abandonment, the representative
explained that originally article 332 of the Penal Code had penalized
abandonment of the domicile by married women, and that, since that text wasconsidered discriminatory, it had been replaced by a new one condemning theabandonment of the domicile by either spouse, although it still required thatcharges for legal action be filed by the wife.
686. Regarding the social, cultural or religious customs having an impact on the
lives of women and the role of the Ministry of Women’s, Children’s and Family
Affairs, the National Consultative Commission and the Inter-ministerial
Committee, the representative noted that the customs were deeply rooted in thesociety. The authorities concerned were aware of the need for changing
mentalities and had devised a plan of action to address those customs that hadstymied the advancement of women.
Article 3687. It was noted that although legal measures had been taken, freedom andequality remained fragile in a retrograde social context and that the Government
must make a greater effort to develop women’s rights.
Article 4688. With respect to the functioning of the training centres and the programmes
offered to women, the representative observed that, bearing in mind the highnumber of drop-out students and the low capacity of the educational system toabsorb the rapidly growing school-age population, the State Secretariat and thedifferent ministries relevant to women’s issues had decided to establish asystem of vocational training for women in all administrative departments incharge of absorbing female drop-out students from the traditional system. In-122-those centres, which numbered about 60, the staff included trainers and monitors
to train the girls in home economics, etc.
Article 5689. In replying to questions on the Family Code and the provisions granting awoman the right to take over the management of household affairs in the event of
the absence of the husband, the representative noted that in the absence of thehusband the wife became the provisional administrator of the properties.
690. It was stated that customs could only be changed gradually and thatpolygamy was just one form of marriage in Africa. In some cases, it was a
choice that women decided to make. Furthermore, it was pointed out that manyeducated women chose a polygamous marriage because it was easy to enter into andeasy to get out of; consequently, it would be difficult to abolish such apractice.
Article 6691. In response to the request for additional information regarding
prostitution, procurement, the penalties provided for under article 323 of thePenal Code and the action taken for the social and economic reintegration of
prostitutes, the representative noted that prostitution was not prohibited bylaw, but was subject to control by the Ministry of Health, which registered all
prostitutes for medical check-ups on a bi-monthly basis. If prostitutes did notregister themselves, they were subject to a penalty of imprisonment.
Furthermore, procurement was a criminal offence under article 323 of the Penal
Code and was linked to prostitution and the unemployment of young destitutewomen.
Article 7692. In replying to a question on the conditions and circumstances by which
women could be deprived of their civil and civic rights or be declared incapableof managing their own affairs and lose the right to vote, the representative
noted the provision of article 2 of the Constitution relative to the electoral
law, which outlined the ineligibility of electors to vote, in the case of a
prison conviction or civic degradation owing to crimes committed. However,those conditions were applicable to both sexes. The women in Senegal enjoyedlegal capacity and could exercise it without any authorization.
693. Regarding the question of the participation of women in the public service,for example, in the army and in customs, the representative admitted theexistence of discriminatory provisions; however, such provisions could be
removed as a result of action aimed at the adoption in the national legislationof provisions of international instruments.
694. Regarding the role played by trade unions in encouraging women toparticipate in the political and commercial spheres, the representative referredto the Constitution, which allowed no discrimination in the enjoyment of that
freedom, or in active participation in trade unions. He added that women werevery active in this field.

-123-Article 9695. Asked about the apparent discriminatory provision in relation to women who
married non-Senegalese men, the representative stated that the five-year
requirement did not have a discriminatory connotation, but that it was aimed atverifying that the applicant was well integrated into Senegalese society. That
provision was also intended to discourage arranged marriages for the purpose of
acquiring Senegalese nationality.
Article 10696. In answering a question on the reasons for young women dropping out ofschool and why emphasis was placed on finding jobs and technical training rather
than on encouraging them to return to school, the representative referred to thereasons given under other relevant articles and the perception that the place of
women was at home. That tendency might disappear in view of the focus of theState and women’s organizations on the issue.
Article 11697. In response to a question about the possibility of women competing for jobs
in the civil service and other areas of the public sector on equal terms withmen, the representative referred to Law 61-33 of 1967, which set out the rules
and conditions pertaining to health, nationality and other requirements
applicable to interested candidates. There was no discrimination in the
distribution of posts, but there was a hierarchy and there were categories in
the allocation of salaries. If there were discrepancies in salary, it could bein the private sector, where women were usually paid by piece-work while men
were paid by the hour.
Article 12698. In respect of the equal access of women to health services, therepresentative stated that all medical facilities were available to all thoseliving in the country.
699. In respect of spouses infected with AIDS, he stated that they were alerted
early on by the service that discovered the disease, with a view to avoiding its
spread.
700. In respect of family planning, he added that methods were available in all
the medical centres for the protection of the child and mother and for familyplanning. However, the rural areas had fewer centres than did the urban areas.
Article 14701. Regarding the de facto discrimination in rural areas with respect towomen’s access to land and their voice in decisions affecting life in thecommunity, the representative noted that the de facto situation resulted fromthe African perception that the owner of the land was the head of the family,
while the women were only cultivators.
Article 15702. The representative noted in clarifying article 13 of the Family Code thatthe wife could not leave the domicile unless authorized by the husband.
However, that provision had been revoked in article 332 of the Penal Code, which-124-

originally had dealt only with abandonment by the wife. The provision had been
revoked in the Penal Code in 1977, but the provision of article 13 of the Family
Code had not been modified until 1989.
703. The representative reaffirmed that women could fully enjoy their legal
capacities without the authorization of their husbands.
Article 16704. In respect of the several questions raised regarding the age of marriage,
arranged marriages, consent of the husband or other members of the family, therepresentative observed that the minimum age for marriage was 16 for women and20 for men. He added that although marriage in the country was considered asocial phenomenon, the prospective bride or groom, even if a minor, had toexpress consent first in front of the parents in the presence of two witnesses,
then subsequently in front of the relevant civil authority when filling out the
papers for the contract of marriage and, finally, in front of the civil official
during the actual marriage ceremony, where both bride and groom had to give
their oral consent.
705. In reference to the three matrimonial property systems provided for under
the law, and in replying to the questions which of the systems (community ofproperty, separation of property, endowment system) women selected more often,
which of them women had access to for the administration of their property andhow property was distributed upon the break-up of the marriage, therepresentative noted that the most common system chosen was the separation ofproperty based upon the black African perception of marriage as a family issue,
contrary to the Greco-Roman conception, which viewed marriage as the choice of
the individual. Furthermore, the community of property system was reserved for
spouses who chose monogamous marriages. The dowry system was unknown.
706. In the case of dissolution of a marriage based on the separate propertysystem, the spouses retained their respective property, as indicated initially.
In the case of the community of property system, the community was dissolved by
an official designated by a judge, who would divide the property into equalparts between the spouses.
707. In respect of the support for changes in the law and in practice concerning
discrimination against women in the family in relation to the dowry andsuccession and equally shared parental authority rights, the representative
observed the active participation of women’s organizations and the political
will of the relevant offices to adopt national legislation according to theprovisions of the international instruments and to make changes in the texts andin practices which were discriminatory against women. Furthermore, succession
and shared parental authority rights were included in the package of reform
under consideration. Regarding the abolition of polygamy, the representative
stated that polygamy was not encouraged and that all provisions relevant to thefamily were usually aimed at restricting it, as in the case of the irrevocable
option of monogamy. However, polygamy was a phenomenon which could not beabolished merely by the passing of laws.
708. Regarding the legal position of parties cohabiting and children born out of
wedlock, the representative stated that concubinage was not recognized in
Senegalese law, although the law in certain cases could be flexible byestablishing legal facts. However, in the case of cohabitation, there was thebenefit of being able to skip some procedures, such as the official publication
to be made before contracting marriage. Furthermore, children born during-125-

cohabitation could not be repudiated or disowned. The representative added thatchildren born out of wedlock would take the name of the mother but, if they wererecognized, they could then take their father’s name. The forced recognition ofchildren was forbidden; it had to be done by their father on a voluntary basis.
Additional questions
709. It was also noted that the rate of illiteracy was too high and that all
women had to have a knowledge of the laws to be able to invoke them. The
question was raised whether education was compulsory.
710. With respect to political participation, as it was another avenue for women
to express their rights, it was asked what women thought of their representationin this field.
711. A question was asked about the reason for the limited opportunities for
women in employment, and it was suggested that facilities for credit and thedevelopment of strategies for women in the informal sector should be pursued.
712. Another question raised was whether Senegalese law could become more
effective in dealing with the issue of violence against women.
713. With respect to the two forms of marriage, information was needed withwhich to determine the basis for the choice between polygamy and monogamy, as it
was thought that the law which intended to promote monogamy could haveunintentionally had the reverse effect.
714. An analysis of the effects of the legislative changes on the lives of womenwas suggested for the next report.
715. Another question referred to children born out of wedlock, and what could
be done to improve their situation.
Concluding comments of the Committee
Introduction
716. The Committee commended Senegal on the presentation of its second periodic
report, which provided essential information on the laws relating to theimplementation of the Convention.
717. The Committee was satisfied with the information provided by the Government
representative, which made it possible to gain a better understanding of thereal situation of women.
718. The Committee regretted, however, the absence of information regarding thefactors and difficulties which were impeding implementation of the Convention.
Positive aspects
719. The Committee noted with satisfaction the political will of the State
party, which was endeavouring to continue its efforts to improve the status of
women.

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720. Indeed, it acknowledged that various public information campaigns
undertaken by the Government would promote public awareness of the rights ofwomen under international conventions and national laws with a view to enhancing
their status.
Principal subjects of concern
721. Despite the efforts of the Government to guarantee equal rights for women,certain discriminatory practices persisted, including female circumcision andpolygamy, which gravely offended the dignity of women.

722. The Committee noted with concern that the situation of women was still
precarious in the fields of health and education, especially in rural areas.
723. The Committee also noted the fact that a large number of women were being
absorbed by the informal sector without effective steps being taken to protect
their interests.
724. On the question of constraints imposed by structural adjustment programmes,
the Committee believed that those constraints did not absolve the State party of
its obligation to provide social protection to the most vulnerable groups;
namely, women, the poor and the disabled.
Suggestions and recommendations
725. The Committee encouraged the State party to step up its public information
campaigns on behalf of women and to expand its programmes to combat traditional
practices which affect women’s health and advancement in order to eliminate
persistent forms of discrimination against women.
726. The Committee recommended that the Government of Senegal should monitor theeffective application of the laws guaranteeing equality of the sexes in order toenable women to utilize and benefit from those laws.
727. It was also of the view that special measures should be taken to reduce theadverse effects of structural adjustment policies that generally affect women.
728. Lastly, the Committee recommended that the third periodic report should
provide complete information regarding the legal and practical steps taken to
implement the provisions of the Convention.

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3.

Reports submitted on an exceptional basis729. The Committee considered reports submitted on an exceptional basis throughpresentation of the reports by the States concerned, followed by questions by
the experts and answers by the States.
730. In her opening remarks on each report, the Chairperson of the Committee
recalled that, at its twelfth session, in 1993, the Committee had decided
inter alia that it should, pursuant to article 18 of the Convention, request theStates of the territory of the former Yugoslavia to submit a report or reports
on an exceptional basis and that such a report or reports should be consideredat the next session. In addition, the Committee had put on record its
commitment to look into similar grave violations of rights being experienced by
women in any part of the world. 9/731. She also stated that, in accordance with the practice of other human rights
treaty bodies, the Committee, deeply concerned about recent and current eventsin the territory of the former Yugoslavia affecting the human rights of women
protected under the Convention, having noted that all the women within the
territory of the former Yugoslavia were entitled to the guarantees of theConvention, finding that the new States within the boundaries of the former
Yugoslavia had succeeded to the obligations of the former Yugoslavia under theConvention, and acting under article 18 of the Convention, had requested certain
States within the territory of the former Yugoslavia, in particular Bosnia andHerzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia andMontenegro) to submit reports on an exceptional basis within the mandate givenby the Committee at its previous session.

Bosnia and Herzegovina
732. The Committee considered the report of Bosnia and Herzegovina at its
253rd meeting, on 1 February (see CEDAW/C/SR.253).
733. The representative of Bosnia and Herzegovina made an oral report, in which
she confirmed the commitment of her country to the Convention and to all otherinternational human rights treaties. She referred to the unprecedented
suffering of civilians in her country in the last 21 months as a result of theaggression of the regular and irregular armed forces of Serbia and Montenegro
and their surrogates in Bosnia as well as parts of the armed forces of the
Croatian Defence Council under the command of extremist nationalists and withthe active participation, and support in terms of manpower and militaryequipment, of parts of the regular armed forces of Croatia. Thousands of people
had been killed or were unaccounted for; thousands were wounded, handicapped,
had disappeared or died of starvation, cold and disease; thousands had been
forced to abandon their homes and their land, often losing families and friends.
In pursuing the goal of ethnic cleansing, which was the direct cause of the vast
majority of gross human rights violations, various atrocities and the inflictionof terror among the population, the Serb aggressors and Croat extremists
violated international legislative standards of human behaviour. Numerous
cities, various places of worship and cultural monuments had been destroyed. So
had homes, shops and places of business. As confirmed by the numerous reports
of intergovernmental and non-governmental investigating teams, commissions andgroups, refugees in the detention camps were often exposed to terror, tortureand humiliation. Even in the declared United Nations "safe areas", they lived
in inhuman conditions, exposed to indiscriminate shelling, starvation andconstant fear.

-128-734. She referred to the mass and systematic rape of non-Serbian women of allages, stressing that the majority had been Muslim women, as one of the mostcomplex manifestations of aggression, the policy of ethnic cleansing and aparticular form of genocide. According to the State Commission in Bosnia andHerzegovina, approximately 25,000 victims had been registered. Women had also
been victims of massive deportation and detention in most of the 200 registeredcamps in the occupied territories. Those camps were the scene of large-scalerapes, forced prostitution and other abuses. She provided examples of camps,
restaurants and hotels where such abuses took place on a massive scale. In somecases, after being raped, women were killed, had disappeared or had committed
suicide. Those actions were premeditated, carefully organized and meant as acts
to humiliate, shame and degrade the entire ethnic group. They were not justproducts of the "war environment". Some acts of violence against women’s
integrity took place in front of their family members, or even local
communities. She referred further to the reports of experts, submitted to theGeneral Assembly or the Security Council, for example, the report of the Special
Rapporteur (A/48/92-S/25341), as well as the relevant resolutions of thoseorgans (General Assembly resolution 48/143; Security Council resolutions
780 (1992) and 798 (1992)), in which they strongly condemned those acts andpointed to the consequences of those crimes for their victims, such as unwanted
pregnancies, mainly ending in abortions, and physical and psychological damage,ruining their family, social and private lives as well as their health and wellbeing. For the nation it meant humiliation, disintegration of tradition andculture. In order to assist the victims, the Government had committed itself totheir protection, focusing on financial, medical and psychotherapeutic help aswell as the prevention of any form of discrimination and assistance in theirreintegration into society. The issue was addressed in the work of some
non-governmental organizations and several centres had been opened to assist
traumatized women.
735. She also referred to the situation of refugees, in imminent danger while
fleeing from or through the areas of armed conflict and living in very difficult
conditions in refugee camps. Among the estimated 1,250,000 refugees from theterritory of Bosnia and Herzegovina, 60 per cent were women and, of 1,288,000
displaced persons, women constituted 65 per cent. Their needs, however, were
far from being properly addressed in spite of the efforts of numerous women’sgroups, individuals and international organizations. The main needs of women
refugees related to health care, nutrition, basic housing facilities andresponsibility for their children.
General observations
736. Members of the Committee commended the report and welcomed the fact thatthe representative of the country was attending the meeting of the Committee,
despite the dramatic situation in the country. They expressed their solidarity
as women with the women of Bosnia and Herzegovina and their deep concern about
the prevailing war and ongoing violations of human rights, particularly therights of women. They expressed their dismay at the daily information about
ongoing atrocities, ethnic cleansing and acts of violence directed against womenand children, including mass rapes. They emphasized that, as members of theCommittee, they were interested in any further information that could lead to abetter understanding and an improvement of the situation of women, protection of
their rights, alleviation of their sufferings and prevention of actions contrary
to international standards of human rights and the provisions of the Convention.
737. The view was expressed that the crimes against women should be thoroughly
looked into, like any other human rights violations. Proper legal proceedings-129-

should be established. An end should be put to the ongoing war and lasting
peace and justice for all parties should be ensured.
General questions
738. Asked whether there were any specific machineries for women providing themwith humanitarian and legal assistance and information about their rights andthe Convention, the representative answered that she was not aware of any
specific mechanism dealing separately with women’s issues. People had many more
immediate and dramatic needs that the Government had to address, such as thelack of water, food, fuel, other basic goods, medicines and shelter in thebesieged cities. Initiatives and structures related to the advancement of women
had existed before the war. She would, however, provide more details in thenext report.
739. Other questions related to the specific assistance provided to women
victims of rape; the exact number of therapeutic and rehabilitation centres for
women victims of violence; and the ways in which women were involved in theirorganization. It was also asked whether the denunciation of the rapes by theinternational public opinion and media was helpful.
740. In reply the representative stated that there were specific centres for all
traumatized women, providing psychotherapy, consultations and other forms ofassistance to alleviate their plight. Although those centres assisted women
victims of rape, they were also accessible to other war victims in order not tolabel and single out raped women. She was not able to provide comprehensive
information on those centres, and she stated that any assistance from theinternational community with regard to alleviating the consequences of thattraumatic situation for women was helpful.
741. With regard to the request for more detailed information about how thenumber of 25,000 women victims of rape had been estimated, the representative
replied that it was difficult to compile the full evidence in the conditions ofwar. Certain camps were not accessible even to the official investigatingteams, or had often been relocated or closed if the inspection was expected.
Certain parts of the country had not been accessible until now. Besides, many
women were not willing to provide testimony, but rather preferred to put thetragedy behind them and move on with their lives. Thus, the data compiled by
the State Commission had been based on the reports of various commissions,
women’s testimonies, information provided by women’s groups and refugee women.
The figure of 25,000 had been carefully estimated and was considered on the low
side. She further pointed to the necessity to distinguish between the rape thatwas known to take place in the environment of war and disorder and the genocidal
rape of women in her country, which was a matter of policy and was used as meansof warfare to achieve the goals of ethnic cleansing, to humiliate the nation andthe ethnic group, to result in forced pregnancies reminding women of the terror
and preventing them and their families from leading normal lives. Thus,
attempts to educate society how to help the victims and cope with the situation
were very important.
742. The experts further asked who specifically dealt with the consequences ofviolence against women, including forced pregnancies, what measures had beentaken in that respect by the Government and non-governmental organizations andwhether there were any women’s support groups. It was asked whether abortion
was accessible to women victims of rape if they decided to undergo it; what was
the legal status of children born as a result of rape and whether they weretaken back by the families or placed in orphanages.

-130-743. In reply, the expert stated that, in assisting traumatized women, theGovernment could not go much beyond the measures already described in her
presentation. Daily preoccupation with such essential matters as the provisionof fuel, food, clothing and medicines; maintenance and reconstruction ofelectricity, water, telecommunication and transportation lines; restoration ofhouses, shelters and hospitals absorbed fully the Government. Besides, the war
was still going on and creating additional daily demands. There was no
information on the number of abortions performed as a result of rape. However,it was assumed that a number of women decided to give birth to the child,neither admitting nor discussing the fact that it had been conceived as theresult of rape. There were, however, also the cases of self-inflictedabortions, reported by some grass-roots organizations. Although the law
permitted abortion, it was not always possible in practice owing to scarce
medical facilities. There was also no specific information on children born as
the result of forced pregnancies and the incidence of rape. Numerous
non-governmental organizations carried out various forms of medical,
psychological and therapeutic activities aimed at assisting those women, helping
them to cope with the situation, to go on with their lives. Some othernon-governmental organizations focused on the collection of data and testimonies
from women victims of rape in order to prepare for court proceedings, including
the future presentation of cases at the International Tribunal for theProsecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
Those women’s groups often received assistance and training from women’s
networks in other countries, mainly in the West.
744. With regard to the possibility of the International Tribunal taking up thecases of violence, the question was asked whether the victims of such actions,considered for the first time as war crimes instead of individual acts ofviolence, would be given compensation as victims of torture and special
assistance by the Government. Compensation to women victims should be a part ofthe peace agreement.
745. In reaction to those statements, the representative replied that her
Government attached great importance to the establishment of the International
Tribunal to follow up the cases of war crimes and that it considered essentialthat rape be included in the list of war crimes. Such a decision would
establish an important legal precedent. The issue of monetary compensation to
women victims of war rape would be referred to in her Government’s regular
report. However, the Government viewed that issue in the context of war crimes,
considering rape as a war weapon and an instrument of the ethnic cleansing
policy.
746. Asked about the cases of violations of women’s human rights by members ofthe military of Bosnia and Herzegovina or by individuals, the representatives
replied that, although the Special Rapporteur stated in his report that acts ofviolence against women had been committed by all parties, the majority of thoseacts were targeted against Muslim women by the Serbs. At the beginning of theaggression against Bosnia and Herzegovina, there had been no army in her country
and the defence had been organized by citizens, in a spontaneous manner. Thus,
there had been individual cases of violence against women, either meant as actsof revenge, or individual war-related acts of violence. Those cases, when
discovered, had been punished by the authorities with dismissal from the army ordetention. The Government also took steps to prevent such acts.
747. Attention was drawn to the relevance of general recommendation 19 of theCommittee related to the issues of violence against women and the 1974

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Declaration on the Protection of Women and Children in Emergency and Armed
Conflict (General Assembly resolution 3318 (XXIX)). The obligation ofGovernments to eliminate and prosecute discrimination and cases of violence
committed by public authorities as well as individuals was emphasized.
Questions were raised as to whether any measures had been taken by theGovernment of Bosnia and Herzegovina to prevent violence, to protect women andchildren and to eliminate hatred and whether the Committee could help in that
respect. It was further asked what was the role of women’s organizations inthat regard.
748. In reply to the question about government policies for assistance tofamilies in wartime, the representative replied that, although the capacity of
the Government had been very limited and focused on the immediate and basic
needs of society, the issue had been addressed in the mass media; there were
centres of family counselling and there were attempts to raise awareness of theimportance of the family to its members.
749. In reply to questions related to the medical needs of women, in particularspecific needs of women victims of rape, and the overall state of the healthservices, the representative replied that, although the level of medical
services had been very high in the past, they had been largely destroyed throughthe war and were affected by the lack of basic equipment and medicines. Thus,
the capacity of those services had been very limited and continued to beaffected on a daily basis by shelling or siege.
750. With regard to the request to assist the Committee in seeking practical
help for women at the highest level of the United Nations and the question about
existing assistance provided to women by international governmental andnon-governmental organizations, the representative replied that thoseorganizations had been doing a great deal to alleviate the suffering of the
population, but had not succeeded in putting an end to the war, the cause of thepresent situation. Some organizations of the United Nations system, such as the
Office of the United Nations High Commissioner for Refugees, and humanitarian
non-governmental organizations contributed to the provision of basic goods andassistance, medical intervention in serious cases requiring transfer abroad andtraining for local women’s groups dealing with traumatized women. However, muchforeign assistance was not available owing to the siege of towns and villages,
the blockade of ports and the shelling of transport facilities. One of theexperts asked what would be the form of assistance from women in Westerncountries most required by the women in Bosnia and Herzegovina.
751. Regarding the observation on the importance of the full participation of
women in all spheres of life for the future of the country and referring to arequest for more information on the participation and role of women indecision-making bodies at the government and local levels, as well as in thepeace negotiations, and discussions concerning the future of the country, therepresentative stated that the data would be submitted in the next report. She
further remarked that there were many women in the foreign service and a woman
occupied the crucial post of ambassador to Croatia.
752. With regard to questions related to the situation of refugee women andchildren, their safety, specific needs and the services they required, therepresentative stated that their situation had been increasingly difficult as
most of them lived on the territory of Bosnia and Herzegovina, already severely
suffering from war and the shortage of basic goods and services, and the flow of-132-refugees from war affected areas to the refugee camps continued. Many refugees
had been killed or affected on their way to safety and it was very difficult toprotect them. International assistance was particularly important in that
respect, including the acceptance of many refugees by foreign countries.
Concluding comments of the Committee
753. The Committee commended the representative of Bosnia and Herzegovina forpresenting its report on an extraordinary basis despite the regrettablesituation in her country and also for providing answers to most of the questions
posed by members of the Committee.
754. The Committee noted the information provided about the massive rape of
women as an instrument of ethnic cleansing and other forms of violation of
women’s human rights, and recalled that it had always condemned violence against
women in all its forms.
755. The Committee therefore expressed its full support for, and solidarity
with, all women of Bosnia and Herzegovina in their sad situation in thisunfortunate war.
756. The Committee therefore, while condemning in the strongest terms the use ofrape and violations of women’s rights as an instrument of warfare, called on allof the women of Bosnia and Herzegovina not to remain passive. Women musthenceforth become visible at both the governmental and non-governmental levels.
The Committee hoped that in that way women would generate the political will
requisite for change and an urgent end to the war.
757. The Committee called on the Government, for its part, to do all it could tostop the rape and protect the human rights of women, who, as always, wereparticularly vulnerable in this unfortunate fratricidal war.

Federal Republic of Yugoslavia (Serbia and Montenegro)
758. The Committee considered the report of the Federal Republic of Yugoslavia(Serbia and Montenegro) (CEDAW/C/YUG/SP.1) at its 254th meeting, on
2 February (see CEDAW/C/SR.254).
759. In introducing the report, the representative of the Federal Republic of
Yugoslavia (Serbia and Montenegro) described the consequences of thedisintegration of the Socialist Federal Republic of Yugoslavia, the civil war in
Bosnia and Herzegovina which had caused a flow of refugees to her country andthe blockade unjustly imposed on her country by the international community, inparticular as a result of the sanctions introduced by the Security Council in
its resolutions 757 (1992) of 30 May 1992, 787 (1992) of 16 November 1992 and820 (1993) of 17 April 1993. She also referred to the numerous interventions by
various humanitarian organizations and individuals to provide humanitarian aid
and to draw the attention of the world to the devastating consequences of the
sanctions for the national economy, social infrastructures and the entire civil
population, in particular women and the vulnerable groups.
760. Living standards had fallen dramatically. National health services lacked
basic medical supplies and infrastructures and the supply of imported medicinesand other needed goods was blocked or obstructed by the embargo. Mortality had
increased, in particular among young children and the elderly, as had the death
rate of infants and people suffering from chronic disease. The problem of AIDS

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had become pressing owing to a shortage of diagnostic tests. Women wereaffected by the shortage of contraceptives, anaesthetics used for abortions andbasic hygienic items. The number of miscarriages and deliveries at home had
increased, as had the death rate of live-born infants and mortality of mothers
and babies during delivery. Stress, fear of the future and separation offamilies often caused psychiatric problems. Violence, alcoholism and various
forms of sexual abuse had increased. Various forms of violence against womenand sexual harassment had been addressed through non-governmental activities,
including SOS telephone services and by the Government, which considered rapeand the abuse of women and children as crimes that should be condemned in thestrongest terms wherever they occurred and that those responsible, whoever theywere, should be punished.
761. The representative also referred to the issue of abuses of women in war
zones and pointed to her Government’s position that such crimes were contrary tointernational humanitarian law. For those reasons, the Government hadcooperated actively with the Commission of Experts established pursuant toSecurity Council resolution 780 (1992) of 6 October 1992, investigating facts
and collecting data about women who had been victims of rape and had come to
Yugoslavia as refugees, with a view to the physical and mental rehabilitation of
those victims. The Government had also established State bodies to investigate
all such allegations, collect data and monitor the rehabilitation of victims ofsexual abuse committed in war areas and had sheltered them as refugees in theFederal Republic of Yugoslavia. Some parts of the collected evidence hadalready been presented to the Commission of Experts and had been circulated as
documents of the General Assembly and the Security Council. For example, theCommission for monitoring the sexual abuse of women, children and men in
conditions of war, composed of medical experts and psychologists, was set up in
the Federal Ministry of Labour, Health and Social Policy. Although theCommission did not discriminate in terms of nationality, the majority of victims
were Serbian female refugees from Croatia and Bosnia and Herzegovina. Some ofthose women had already been successfully reintegrated into society, as had, forexample, young women who had given birth as a result of rape in Muslim- andCroat-run camps and brothels. Other medical and expert sources revealed thatmany Serb women had been victims of persecution, sexual torture and rape invarious camps for Serbs. Some, however, after hospitalization withdrew theirstatements and were not included in any evidence. All who had become pregnant
as a result of rape had received the necessary assistance. Most of them did notwant to talk and wanted to forget everything that had happened to them. Only
those who had come to have an abortion after a few months of pregnancy and had
been required to have an examination and to obtain the approval of the special
medical commission, had revealed what had really happened to them. A
considerable number of women who had been raped in Bosnia and Herzegovina,
however, with pregnancies of less than 10 weeks, had had abortions without
waiting for the Commission’s approval and had concealed the fact that they had
been raped. Such behaviour only confirmed her country’s claim that, in its
culture, a woman would admit that she had been raped only if she had to. Rapewas so traumatic that it often caused suicidal tendencies. Instead of counting
the number of raped women, trying to prove which side had suffered more
hardship, doubting their testimonies and using them for political manipulation,
it would be better to assist raped women and reintegrate them in society.
General observations
762. Members of the Committee thanked the representative of the Federal Republicof Yugoslavia (Serbia and Montenegro) for presenting the additional oral report,
which was more in compliance than the written report with the request made by-134-the Committee at its twelfth session that the States of the former Yugoslavia
submit a report or reports on an exceptional basis in view of the Committee’s
deep concern about recent and current events in the territory of the former
Yugoslavia affecting the human rights of women protected under the Convention.
The written report (CEDAW/C/YUG/SP.1) did not meet those requirements, as it wasmore like a periodic report and did not address the situation of women withregard to the prevailing armed conflict and various forms of violence against
women. It was emphasized by some that a report submitted on an exceptional
basis should provide more information on the specific situation of women owing
to the state of war. The members expressed their grave concern about thesituation of women in the Federal Republic of Yugoslavia (Serbia andMontenegro), who had been affected by increasingly difficult living conditions,inflation, unemployment, increasing violence in daily life and collapsing socialand health services. They expressed their solidarity with all women of theFederal Republic of Yugoslavia (Serbia and Montenegro) and other States of theterritory of the former Yugoslavia. They appealed to the wisdom and solidarityof women in the Federal Republic of Yugoslavia (Serbia and Montenegro) to put an
end to the war, to exercise the force of right and to exert all possiblepressure on men at the decision-making levels, in the military and in peace
negotiations, to stop the destruction, to stop using women as tools of war andto achieve peace.
763. The view was expressed that, as in any armed conflict, women and children
were the primary victims.
764. In response to those observations, the representative stated that the mainemphasis had been placed on regular reporting because her country had not been aparty to the war in Bosnia and Herzegovina. It had nothing to do with the civil
war in Bosnia and Herzegovina between its three constituent peoples - theBosnian Serbs, the Bosnian Muslims and the Bosnian Croats, and the Federal
Republic of Yugoslavia had no territorial claims on Bosnia and Herzegovina. The
last soldier of the former Yugoslav People’s Army had left the territory of
Bosnia and Herzegovina on 19 May 1992, so that the Federal Republic of
Yugoslavia could not be responsible for the ongoing violations of human rights
in Bosnia and Herzegovina. Thus, she was not in a position to report on humanrights violations in Bosnia and Herzegovina. The Federal Republic of Yugoslavia
was doing its utmost and playing a very constructive role in the ongoing Geneva
peace negotiations.
General questions
765. Reference was made to the fact that, despite all diplomatic initiatives,and its internationalization, the conflict kept developing, with all its
outrageous consequences for women and children. It was asked whether women had
the political will and strength to stop further fighting, organize themselves
for peace at all levels and struggle together, independent of ethnicity,
nationality or religion, for a just and peaceful future for the country and for
its reconstruction. Information was also sought as to the role ofnon-governmental organizations in the search for peace and the participation of
women in the peace negotiations, reconstruction of the country and its future
decision-making bodies.
766. The representative answered that in the Federal Republic of Yugoslavia(Serbia and Montenegro) women supported the Government’s policy related to
Bosnia and Herzegovina which was the policy of peace. Together with men in theFederal Republic of Yugoslavia, they sought a peaceful solution to the war in-135-

Bosnia and Herzegovina. Non-governmental organizations in the country had madesome attempts towards peace, but had not succeeded up to now.
767. The members of the Committee commented on various negative consequences ofthe sanctions described in the report and pointed to their damaging effects,
especially for women, in particular with regard to employment, health care,housing, nutrition, pensions, maternity, child care, daily violence, sexual
abuse and the disintegration of the family. While reiterating concern that all
sanctions affected the most vulnerable social groups and not the Governments,
reference was made to the lack of explanation in the report as to why theembargo had been imposed. It was asked why reference was made in the report to
Kosovo and Metohija as regions that were slow in ridding themselves of sometraditions and customs related to ensuring equality of men and women, and why
the distinction was made on ethnic, religious and traditional grounds. The
representative replied that those regions had been singled out not for the
purpose of discrimination, but for special attention, as requested by theCommittee at its tenth session.
768. The observation was made that the report did not address properly theissues of violence against women. While information had been provided in thestatement on the increasing daily aggression and violence against women in theFederal Republic of Yugoslavia (Serbia and Montenegro), such as physicalviolence, sexual abuse, verbal and/or physical coercion of women to sexualintercourse, sexual abuse of children, verbal and emotional abuse of women andchildren, harassment and intimidation of women at their places of work, economic
abuse of women and children, there had been no information on the issue of rape
as a weapon of war. Although reference to mass rapes used as means of warfare
was included in reports of the Special Rapporteur of the Commission on Human
Rights and in many press reports on the subject in the past two years, exact
information and data on the subject would be essential to the Committee. The
situation in which might prevailed over right and men used their power to returnto such practices of the dark ages was shocking and required clarification as tothe facts, figures and actions taken by the Government, if any, to bring theperpetrators to justice and assist the victims. One member, however, did notshare the view that such data would be important, but rather favoured the viewthat the focus should be on rehabilitation of and assistance to women victims.
The remark was also made that the statement in the oral report made by the
representative that "aberrant and violent sexual behaviour is far from being
characteristic of the war in the former Bosnia and Herzegovina alone; such
behaviour has occurred in all known wars thus far" (see CEDAW/C/SR.254) was
unacceptable, as well as immoral and appalling.
769. The representative stated that the accusation of the use of mass rapes as awar weapon did not apply to her country at all because the Federal Republic of
Yugoslavia was not engaged in the war in Bosnia and Herzegovina. She referredto the report of the Special Rapporteur, which confirmed the incidence of massrapes but pointed to all parties in the conflict. Although incidents had
happened in all war-torn areas, the evidence of ordered, systematic rapes wasvery weak, and the Federal Republic of Yugoslavia had strong evidence of Serbian
women being raped by Croats and Muslims. She also stated that the issue ofviolations against women who had found refuge in the Federal Republic of
Yugoslavia had been studied by the State Commission for War Crimes and the
Crimes of Genocide and the Interdepartmental Group of the Federal Government
involving all crucial ministries, non-governmental organizations andassociations of citizens. She stated that her Government was willing tocooperate with all international fact-finding bodies. She also apologized forthe sentence that might give the false impression that rape was considered, by-136-

the Government of the Federal Republic of Yugoslavia, normal behaviour in timesof war and asked that it be seen in the context of what followed in her report,
where rape was clearly characterized as a great breach of humanitarian law.
770. With regard to the concern expressed about the situation and themarginalization of detained women, incidents of unwanted pregnancy, numerous
abortions, women dying during delivery, the dramatically declining birth rate,and increasing infection with AIDS, she pointed out the increased difficulties
that influenced the status of women in the Federal Republic of Yugoslavia owing
to the consequences of war in neighbouring Bosnia and Herzegovina, general
shortages and the malfunctioning of medical services and supplies and thecollapse of social structures as a result of the sanctions. Abortion was stillused as a means of contraception. There were an increasing number of new-born
children with AIDS. The risk of AIDS was particularly dangerous, especially inview of the lack of proper information, medicines and sexual education,
especially among young people.
771. Asked about the data related to prostitution, policies in that respect andthe increasing number of female prostitutes visible, even in neighbouring
countries, and if that was related to the incidence of massive rapes, therepresentative answered that prostitution was not a crime under the provisionsof the Yugoslav Penal Code. Increased numbers of prostitutes, who were mainly
women, but also young girls and boys, had started to practise "covert
prostitution" as a result of the dramatic situation of the country and the lackof basic goods and prospects.
772. With regard to questions related to the situation of women and children
refugees, the representative stated that the refugees from all neighbouring
war-ridden areas were accepted by the society and individual families regardlessof their ethnic origin, religion or nationality. This was also a policy of her
Government. Referring to the question of the increased incidence of violence
within the families that received the refugees, she stated that it had resulted
from basic shortages and daily hardship and had nothing to do with the nationalor ethnic background of the refugees and the receiving families. Contrary to
the image, the cultural differences between the nations of the former Yugoslavia
were not so drastic, and those nations had lived in peace together for many
years.
773. In conclusion, one member said that the representative’s statement that her
country had nothing to do with the human rights violations in Bosnia andHerzegovina was not acceptable.
Concluding comments of the Committee
774. The Committee commended the representatives of the Federal Republic of
Yugoslavia for presenting their report on an extraordinary basis in spite of theregrettable situation in their country and also for providing answers to most of
the questions posed by members of the Committee.
775. The Committee expressed its sadness at the plight of the women of theFederal Republic of Yugoslavia and recalled that it had always deplored violenceagainst women in all its forms. It expressed its concern at the increased
violence perpetrated against the women of the country caused by the stress anddeprivation currently being experienced by the population. It expressed its
concern that the women were also suffering the consequences of sanctions, whichwere having a serious impact on their health care and nutrition in particular.
The tragic war in the territory of the former Yugoslavia had affected women’s-137-dignity as human beings, had caused large numbers of women to become refugees
and had demonstrated women’s vulnerability in time of conflict.
776. The Committee called on all the women of the Federal Republic of Yugoslavia
not to remain passive. Women must participate fully at governmental andnon-governmental level in initiatives for peace in the territory of the former
Yugoslavia. The Committee expressed the hope that the women would generate thepolitical will needed for change and needed to bring the conflict to an end.
The Committee awaited initiatives from the women of the Federal Republic of
Yugoslavia which would bring an end to the tragic conflict.

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V.

IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION

777. The Committee considered the implementation of article 21 of the Convention(agenda item 5) at its 238th meeting, on 19 January.
778. The item was introduced by the Deputy Director of the Division for the
Advancement of Women, who presented the report prepared by the Secretariat(CEDAW/C/1994/4).

Action taken by the Committee on the report ofWorking Group II
779. At its 256th meeting, on 3 February, the Committee considered the item on
the basis of the report of Working Group II.
Draft recommendation on articles 7 and 8780. The Working Group carefully considered the draft recommendation on
article 7, which had been prepared on the basis of contributions from
Evangelina García-Prince and Salma Khan, and decided to shorten the originaltext substantially and restructure it to include sections on the following:(a) background to the international conventions that have been adopted;(b) introduction to and commentaries on various paragraphs of the article;(c) declaration of principles; and (d) recommendations. The Group completed
this work and the revised text was given to the Secretariat for translation andcirculation so that it could be taken up in plenary meeting.
781. The Working Group considered the draft recommendation on article 8 anddecided to shorten some sections on the role of women in government foreign
service and include new material referring to the function performed by women in
multilateral organs, non-governmental organizations and international companies
and stressing their role in the establishment of lasting peace. The Working
Group prepared a revised text and submitted it to the Secretariat fortranslation and circulation so that it could be taken up in plenary meeting.
782. The Committee decided to continue consideration of the draft recommendation
at its fourteenth session.
Equality in marriage and family relations
783. At its 258th meeting, on 4 February, on the recommendation of Working
Group II, the Committee adopted a general recommendation on equality in marriage
and family relations (general recommendation 21), relating to articles 9, 15
and 16 of the Convention (for the text, see chap. I, sect. A).

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VI.

WAYS AND MEANS OF EXPEDITING THE WORK OF THE COMMITTEE

784. The Committee considered ways and means of expediting its work (agenda
item 6) at its 238th meeting, on 19 January.
785. The item was introduced by the Deputy Director of the Division for the
Advancement of Women, who presented the report prepared by the Secretariat(CEDAW/C/1994/6).
786. A representative of the Centre for Human Rights informed the Committee thatthe issue of the equal enjoyment of human rights and fundamental freedoms by
women had been reflected in the Vienna Declaration and Programme of Action
adopted by the World Conference on Human Rights. The Conference had set thegoal of universal ratification of the Convention on the Elimination of All Formsof Discrimination against Women by the year 2000, and had taken particular noteof the recommendation made by the Committee at its eleventh session, in
January 1992, that the overall issue of reservations to human rights conventions
be placed on the agenda of the Conference.
787. She emphasized that the Conference had also stressed the importance ofworking towards the elimination of violence against women, as well as theelimination of all forms of sexual harassment, exploitation and trafficking in
women, gender-bias in the administration of justice and the eradication of any
conflicts that might arise between the rights of women and the harmful effectsof certain traditional or customary practices, cultural prejudices and religious
extremism.
788. She drew the Committee’s attention to the recommendation of the Conference
regarding a human rights education decade, and to General Assembly resolution
48/127 of 20 December 1993, in which the Assembly had requested the Commission
on Human Rights to consider proposals for such a decade.
789. The Conference had recommended that steps should be taken to increasecooperation and promote further integration of objectives and goals between theCommission on the Status of Women, the Commission on Human Rights, the Committee
on the Elimination of Discrimination against Women, the United Nations
Development Fund for Women, and other United Nations bodies. In that context,
it had also called for strengthened cooperation between the Division for the
Advancement of Women and the Centre for Human Rights.
790. She outlined the work that had been carried out by other human rights
treaty bodies, with particular reference to the human rights of women.
791. She also drew the Committee’s attention to Commission on Human Rights
resolution 1993/46 of 8 March 1993, on integrating the rights of women into thehuman rights mechanisms of the United Nations, in which the Commission
encouraged closer cooperation between the Committee on the Elimination ofDiscrimination against Women and other treaty bodies. 10/ In order to implement
some of the provisions of the Vienna Declaration and Programme of Action, theCentre for Human Rights intended to establish a focal point on women’s issues in
the office of the Assistant Secretary-General for Human Rights, to deal withmatters relating to the human rights of women within the Centre, as well as
system-wide, especially in view of the upcoming Fourth World Conference on
Women.

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792. She emphasized that, in view of the increasing backlog of reports and othermatters awaiting consideration, both the Committee on the Rights of the Childand the Committee on Economic, Social and Cultural Rights had decided to request
the holding of additional sessions in 1994. Similarly, the Human Rights
Committee had asked that its forthcoming summer session be extended by one week
to allow additional time for the Committee to deal with the heavy backlog ofcommunications under the Optional Protocol and reports from States parties.
793. Replying to the questions raised by many members concerning cooperation
between the Centre for Human Rights and the Division for the Advancement of
Women, the representative of the Centre stated that, over the past few months,
there had been a number of high-level contacts between the Centre and theDivision with a view to increasing cooperation between the two bodies.
794. With regard to non-governmental organizations, the representative of theCentre reported that both the Committee on the Rights of the Child and theCommittee on Economic, Social and Cultural Rights had taken steps to involve
them in their work and had set aside time for them to make oral statements.
Non-governmental organizations had also provided materials in conjunction withthe consideration of country reports.
795. At its 250th meeting, the Committee held a general discussion of its
functioning, its relationship with other human rights treaty bodies and thesecretariat servicing of the Committee.
796. Many members noted that the work programme of the Committee had been
increasing and had reached a level that was too heavy to ensure that the results
would be of the quality expected of the Committee. The number of periodic
reports being considered during each session was too large for the time
available and much higher than for other treaty bodies. One expert noted thatthe uniformity of the presentation and consideration of the reports had resulted
in a somewhat mechanical approach to that function.
797. It was stated that the nature of the Committee’s activities had changed in
the wake of the World Conference on Human Rights and that its sphere of activity
now extended beyond merely reviewing reports. The function of providing
commentaries on articles of the Convention through general recommendations andcontributions to significant United Nations conferences and events had expanded.
It was pointed out that the effort to provide general recommendations had
perhaps proceeded too rapidly, and the Committee should consider slowing thepace in order to ensure that the quality of the final recommendations would meetthe highest professional standards.
798. It was noted that the restriction on meeting time for the Committee was asignificant factor contributing to its difficulties in completing its work
programme.
799. A number of suggestions were made relating to the organization of work.
The possibility of designating experts to specialize in initial reports to beconsidered at the next session, as had been discussed at past sessions of theCommittee, was raised, as was the possibility of regionally based pre-session
meetings. The idea of using electronic-communication technology to facilitatecommunications among members and with the Secretariat was also discussed.
Members suggested having the Bureau of the Committee meet with the Secretariat,
in advance of sessions, in order to plan the work. The need to emphasize
analytical rather than clarificatory questions was advanced. It was noted that
not all members had provided the pre-session Working Group with questions that-141-

could be taken into account in preparing the questions sent to the reporting
States. One member suggested that the report of the pre-session Working Groupbe reviewed before the questions were sent to the respective States. Anothersuggestion put forward was that, in order to allow adequate time fororganizational matters, no reports should be considered on the first day of thesession.
800. Many members emphasized the need to provide orientation to newly elected
members. It was suggested that some form of orientation manual be prepared,that communications with new members commence during the year of their election
and that time be set aside at the beginning of the session during which newmembers were welcomed in order to provide orientation.
801. Most members expressed concern about the quality of servicing provided to
the Committee. One member stated that the servicing had been the worst in thehistory of the Committee. Others noted that the transfer of the Division for
the Advancement of Women from Vienna had hampered servicing. In principle, theCommittee should receive the same level and quality of servicing as other humanrights treaty bodies.
802. It was stated that the Committee had not received adequate professional
support in terms of the legal expertise it needed; the Chairperson had not beenadequately supported by the Secretariat; and there was insufficient secretarial
and other support. It was suggested that the Secretary-General establish an
identifiable unit that would work with the Committee throughout the year, which
could provide communication with members, service initiatives taken by the
Chairperson and be a focal point for requests for information about theCommittee and advisory services. The importance of filling the now vacant
position, formerly occupied by the Secretary of the Committee, with a highly
qualified professional, was emphasized. It was important to know, at the outsetof the session, which individual staff members of the Secretariat had been
assigned to what tasks, so that members could be clear about whom to approach on
specific matters.
803. Concern was expressed about the speed with which translations had been madeavailable to the Committee.
804. The Secretary-General of the Fourth World Conference on Women, as theofficial responsible for supervising the work of the Division for the
Advancement of Women as secretariat for the Committee, replied to questions.
She stressed the changed political role of the Committee in the aftermath of theWorld Conference on Human Rights. She noted that the problem of resource levels
was common to all units in the United Nations system dealing with women’s issues
and that the transfer of the Division from Vienna had involved logisticalproblems that had hampered servicing. She said that those problems should not
be taken as an excuse for failings in the servicing of the session. She had
made efforts to improve coordination with the Centre for Human Rights. She
stated that a specific unit should be created within the Division for the
Advancement of Women to deal with women’s human rights, including the servicingof the Committee. That would improve the career prospects of staff and ensure
mobilization of technical support to the Committee.

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A.

Action taken by the Committee on the report ofWorking Group I

805. At its 256th meeting, on 3 February, the Committee considered the report ofWorking Group I.

1.

Secretariat servicing of the Committee

806. The Committee noted that the World Conference on Human Rights had
reaffirmed the role of the Centre for Human Rights in the coordination of United
Nations activities for human rights. It also noted the role of the Division for
the Advancement of Women for taking steps to ensure that violations of women’shuman rights would be addressed in the human rights regime, including
gender-specific abuses. It further noted that the Conference had called for
close cooperation between the Centre and the Division.
807. The Committee looked forward to that closer cooperation between the twounits on the basis of agreed guidelines on methods of work to ensure that theCommittee would be given the same level of servicing as other human rights
treaty bodies and its work would be included in all publications on humanrights. The Secretariat should report on cooperation and coordination as partof its pre-session report on ways and means of improving the work of theCommittee.
808. The Committee stressed the need to have adequate resources for this purposein both organizational units. It noted the fact that the servicing of theCommittee has always been absorbed by the Division for the Advancement of Women
without an increase in resources and stressed that, in view of the growing
volume of work and new mandates, the resources available to the Division forservicing the Committee should be increased. Within the structure of theDivision an adequately staffed substructure should be created for servicing theCommittee on a permanent basis.

2.

Venue of the fourteenth session

809. The Committee noted that its fourteenth session would be held at United
Nations Headquarters in 1995.

3.

Review of the rules of procedure

810. The rules of procedure of the Committee were originally drafted in 1981.
In the intervening period the Committee had adopted, by consensus, a number of
new procedures that could be interpreted as inconsistent with the publishedrules. The Committee had therefore decided, at its twelfth session, to review
the rules of procedure in order to adjust them to its current procedures.
811. Following a review of the rules which might need reformulation, theCommittee requested the Secretariat to prepare draft revised rules, based on theCommittee’s current practice, to be considered by the Committee at its
fourteenth session. The drafts should address the rules that need to bechanged. The Secretariat should also make suggestions about possible rules thatwould seem desirable in the light of the Committee’s current practices.

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4.

Formulation of Committee comments on the reportsof States parties

812. The Committee decided to adopt the practice now becoming common in all of
the human rights treaty bodies of preparing concluding comments on the reportsof States parties that had presented them to the Committee, so that those could
be reflected in the report of the Committee. The following procedures for
preparing those comments were determined.
813. At the outset of each session, the Chairperson should designate, for eachreport, two members of the Committee to draft concluding comments to beconsidered for adoption by the Committee. To the extent possible, at least oneof those rapporteurs should be from the region of the reporting State. For
second and subsequent periodic reports, they should consult with the members of
the pre-session working group.
814. The comments should cover the most important points raised during theconstructive dialogue, emphasizing both positive aspects of the reports andmatters on which the Committee had expressed concern, and should clearly
indicate what the Committee wished the State party to report on in its nextreport. The comments should be concise. For second and subsequent reports, thecomments should take into account the findings of the pre-session working groupas well as the constructive dialogue.
815. The drafts should be considered in closed meetings of the Committee
scheduled periodically during the session, but at least one per week.
816. Once agreed, the concluding comments would be incorporated into theCommittee’s report on the consideration of the State party’s report.
817. One member expressed her reservation regarding the formulation of
concluding comments.

5.

Reports to be considered at the fourteenth session

818. Taking into account the criteria that preference should be given to thoseStates whose reports had been pending for the longest time, the need to givepriority to the consideration of initial reports, and the desirability of having
a balance of reports in terms of geographic and other factors, the Committee
decided to consider the following reports at its fourteenth session, in 1995:(a)Initial reports

Bolivia
Chile
Mauritius
St. Vincent and the Grenadines
Tunisia
Uganda(b)

Second periodic reports

Argentina
Finland
Peru

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(c)

Third periodic reports

NorwayRussian Federation

6.

Pre-session working group for the fourteenth session

819. After consultations among members belonging to the regional groups
concerned, the Committee decided that the pre-session working group for the
fourteenth session should consist of the following members and alternates:
Member

Alternate

Evangelina García-Prince(Venezuela)
Salma Khan (Bangladesh)
Hanna Beate Schöpp-Schilling(Germany)
Kongit Sinegiorgis(Ethiopia)

Liliana Gurdulich de Correa(Argentina)[open]
Pirkko Anneli Mäniken(Finland)Ahoua Ouedraogo(Burkina Faso)

Since there is no current member from Eastern Europe, the working group willconsist of four members.

7.

Orientation of new members

820. The Committee requested the Secretariat to prepare a brief orientation
manual for new members and to distribute it to them in advance of the session as
well as to other members of the Committee.

8.

Organization of the work of the fourteenth session

821. The Committee decided to begin consideration of the reports of States
parties under article 18 from the second day of the session.

B.

Plan of activities of the Centre for Human Rightsof the United Nations Secretariat

822. The Committee, having been provided by the Centre for Human Rights of theUnited Nations Secretariat with a draft of its plan of activities for the
implementation of the Vienna Declaration and Programme of Action, recommended
that the plan of activities be amended in order to strengthen the Centre’s work
relating to the human rights of women and its relations with the Committee. It
decided that those amendments should be transmitted by the Chairperson of theCommittee to the Assistant Secretary-General for Human Rights.

C.

Feasibility of preparing an optional protocol to the Convention

823. At its 258th meeting, on 4 February, on the recommendation of Working
Group III, the Committee adopted suggestion 5, on the feasibility of preparing
an optional protocol to the Convention (for the text, see chap. I, sect. B).

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VII.

CONTRIBUTIONS OF THE COMMITTEE TO INTERNATIONALCONFERENCES

A.

Fourth World Conference on Women

824. The Committee considered the structure and contents of document
CEDAW/C/1994/7, prepared by the Secretariat as an outline of the compendium on
the implementation of the Convention which the Committee was expected to submit
to the Fourth World Conference on Women, to be held in Beijing in 1995, andpossibly to other meetings as well. The Committee decided to introduce changes
in the title, structure and contents of the document and prepared the following
text, which also contains some details on how the document was drawn up.
825. The Committee decided that the title should be changed to "Report on
progress achieved in the implementation of the Convention" and that the report
should be expanded to include chapters on the following:(a)Introduction;(b)

Origins of the Convention and practices of the Committee;(c)Interpretation and implementation of the Convention;(d)

The future of the Convention and the Committee.

The content of each chapter will be as follows:1.

Introduction

826. The report will emphasize that:(a) The Convention on the Elimination of All Forms of Discrimination
against Women is the first international treaty embodying the civil, political,
social, economic and cultural rights of women. It therefore covers the fullrange of issues related to the role and position of women in public and private
life and establishes the obligation of States parties to ensure the fulldevelopment and advancement of women with the aim of guaranteeing the enjoyment
and exercise of human rights and fundamental freedoms by women on a basis ofequality with men. Consequently, the Convention is one of the international
human rights treaties;(b) The Convention not only embodies the rights covered by previous
international conventions and treaties, but also defines them in a clearer andmore detailed way in order to ensure that women will be able to exercise thoserights. The Convention thus contains the basis for policies that States parties
should develop to enable women to enjoy internationally recognized human rights
de facto and not just de jure;(c) The Convention has been ratified by 132 countries. Many of thosecountries have entered reservations. Reservations which were entered to
articles 2 and 16 are of particular concern. Conversely, some countries whichhave not entered reservations continue to permit practices which contravene
particular provisions of the Convention;-146-

(d) In accordance with article 18 of the Convention, the States parties
have undertaken to submit periodic reports on the implementation of theConvention for consideration by the Committee. As a mechanism for monitoring
implementation of the Convention through a constructive dialogue with States
parties and for making suggestions and general recommendations, the Committee
contributes in a very important way to the advancement of human rights in
keeping with the provisions of the 1993 Vienna Declaration and Programme of
Action, with economic, social and cultural development in accordance with theconclusions of the World Summit for Social Development, and with the advancementof women, as provided for in the 1985 Nairobi Forward-looking Strategies for the
Advancement of Women;(e) In the light of the foregoing, the Convention is of special importanceto the Fourth World Conference on Women. The report should illustrate theimportance of the Convention to the Fourth World Conference. The Conference
will give an impetus to the promotion of internationally recognized human rights
and freedoms and will reactivate the enforcement of the provisions of theConvention. The Conference should encourage universal ratification of theConvention and the withdrawal of reservations entered with respect to it.

2.

Origins of the Convention and practices of the Committee

827. This chapter should be drafted in accordance with the text of document
CEDAW/C/1994/7.

3.

Interpretation and implementation of the Convention

828. This chapter shall consist of three parts:(a) A concise explanation of how the content of the Committee’s
recommendations, which has been expanded and made more specific, has developed.
It should be noted that, while some of the recommendations refer to the format
for the presentation of reports of States parties (recommendations 1, 2, 9 and11), reservations (recommendation 4), the organization of the work of theCommittee (recommendation 7) and the dissemination of the Convention(recommendation 10), most of them refer to some of the articles of theConvention. The recommendations that cover several articles should be mentioned
and their texts restated in full (recommendations 12 and 19 concerning violenceagainst women and 18 concerning disabled women);(b)

A section on each article, containing the following:(i)

The text of the recommendation or recommendations, if any, concerning
the content of the article;(ii)

A comparative analysis of the implementation of the article inaccordance with the first, second and, in some cases, third reports,based on a representative sample of reports of countries in different
regions and at various levels of development;(iii)

Commentaries on the article, based on:
Contributions submitted by the members of the Committee prior toJune 1994;-147-

Reports submitted by States parties;
Contributions from the specialized agencies (the Secretariat shouldtake into account the offers made by the representative of UNESCO toorganize meetings of experts on some of the articles and by the
representative of ILO to make technical contributions in the areas ofits competence);
Contributions from non-governmental organizations.

4.

The future of the Convention and the Committee

829. In this chapter, the Secretariat should include a reference to theCommittee’s proposals regarding an optional protocol and the programme ofactivities of the Centre for Human Rights. In any case, the chapter shouldrefer to:(a) The Vienna Declaration and Programme of Action, adopted in June 1993
by the World Conference on Human Rights, in which it is stipulated that thehuman rights of women and of the girl child are an inalienable, integral andindivisible part of universal human rights. Accordingly, the human rights ofwomen should form an integral part of the United Nations human rights
activities, especially the promotion of the Convention and the analysis, from agender perspective, of the implementation of the other international humanrights treaties;(b) Governments and intergovernmental and non-governmental organizations
should intensify their efforts for the protection and promotion of the humanrights of women and the girl child, on the basis of the Convention and the workof the Committee;(c) The United Nations should further the aim of achieving, by the year
2000, universal ratification of the Convention, and should urge States towithdraw all reservations contrary to the purposes of the Convention or
incompatible with international treaty law;(d) General recommendation 19 of the Committee and information provided by
States parties to the Committee on the issue of violence against women should betaken into account in the mandate and activities of the Special Rapporteur onviolence against women;(e) In order to achieve these objectives, it is essential for all women in
the world, as soon as possible, to become aware and to make use of theConvention in defending their rights. To that end, various actions are needed:(i)

The United Nations should ensure that the Convention and the generalrecommendations of the Committee are translated into all languages andwidely disseminated;(ii)

The Convention should be included in all United Nations programmes forthe dissemination and teaching of human rights;(iii)

Those persons within the Governments of States parties who areresponsible for the implementation of the Convention should receive
training in its content, and its consideration by the academic
community should be encouraged.

-148-830. The Secretariat should send the draft of the report to the members of theCommittee prior to October 1994.

B.

International Conference on Population and Development

831. At its 258th meeting, on 4 February, the Committee, on the basis of thereport of Working Group III, adopted suggestion 6, containing its suggestion to
the International Conference on Population and Development (for the text, seechap I, sect. B).

C.

World Summit for Social Development

832. The forthcoming World Summit for Social Development and ways in which theCommittee should be involved therein were considered by Working Group II. It
had before it a report of the Secretary-General which contained types ofrecommendations that could be considered by the Summit (A/CONF.166/PC/6).
The
following recommendations emerged from the discussion.
833. The Group took the view that the final document to be adopted by the Summit
should take a gender approach to be reflected in all the texts. In addition, it
should develop more thoroughly a section highlighting the importance ofimproving the status of women and giving adequate consideration to their needs
in social development strategies. The Group also emphasized that the Summit andthe document should take into account the serious social problems caused byadjustment policies, and the increasingly negative impact of such policies on
the status of women. International financial institutions developing andimposing structural adjustment programmes, and Governments implementing those
programmes, needed to pay attention to those facts and to formulate andimplement differentiated measures to alleviate the impact of such programmes on
women and children. It was stated that the Summit could not fail to discuss the
responsibility of the developed countries, in terms of an ethical and political
approach, in connection with the possibilities of and limits to social
development in the developing countries.
834. The Group thought it highly desirable for the Committee to participate not
only in the Summit, but also in the preparatory meetings to be held in New Yorkin January-February 1994, August-September 1994, and January 1995. Two membersof the Committee should participate in those preparatory meetings, one
representing the developed countries, the other representing the developing
countries. The purpose of their participation would be to follow the Summit
with a view to helping States to understand that the Convention is an important
normative instrument that may offer effective guidelines in social development
initiatives, and that implementation of the Convention is indispensable tosocial development.
835. With an eye to the possibility that the Committee members might participate
in the first preparatory meeting, the Working Group prepared a set ofsuggestions based on the examination of the report of the Secretary-General.
The text of those suggestions is set out below.
836. Both meanings of the concept "social development" should include a clear
understanding of the importance of women’s issues to social development. Amongthe aspects of the human condition to be addressed is the problem of
distribution of work between women and men which obtains in many societies.
When women bear the greater burden of work, there is social injustice. Only

-149-

when women achieve equality in all aspects of life, including an equitable
distribution of work between men and women, will a model of society which ismore efficient and more just be achieved.
Overview of the social situation
837. In relation to poverty, to add to their plight, many women suffer from alack of power and status within the family. Some of the obstacles they mustovercome to achieve equality with men in private life are set out in generalrecommendation 21 of the Committee on the Elimination of Discrimination against
Women. Violence against women in both their public and private lives is a
widespread and serious problem affecting their ability to participate at alllevels and in all sectors of society. Examination of States parties’ reports to
the Committee on the Elimination of Discrimination against Women demonstrates
that violence against women seriously affects their ability to participate fullyin public and family life.
Social integration
838. An examination of States parties’ reports to the Committee on the
Elimination of Discrimination against Women demonstrates that structuraladjustments in some economies have had a serious impact on women’s ability toparticipate in the workforce and as equal members of society. It is rare toothat Governments move resolutely to work towards de facto equality for women.
Education policy must strike an appropriate balance in particular, abolishinggender stereotyping so that women are portrayed as valued members of society.
Traditionally, because they must care for their families as well as earn an
income, and more recently because of the impact of structural adjustments inmany countries, women play a significant role in the informal sector. Women inall societies continue to bear a disproportionate and inequitable burden ofwork, continuing to care for the family and contribute to its income, and in asignificant proportion of families are sole breadwinners.
Poverty and employment
839. Structural readjustments in many economies have aggravated the problem of
dissolution of households, and compounded the poverty of large numbers of womenand the children for whom they care. Current efforts to assist families havenot been fully adequate for protecting women who support households, frequently
without financial assistance. With regard to employment, women who arethemselves members of specific groups and who have particular roles to play intheir support have particular requirements for active employment policies.
Types of recommendations that could be considered by the Summit
840. The World Conference on Human Rights urged the full and equal enjoyment by
women of all human rights and that this be a priority for Governments and for
the United Nations. The Conference also underlined the importance of theintegration and full participation of women as both agents and beneficiaries inthe development process and reiterated objectives established on global action
for women towards sustainable and equitable development.

-150-

VIII.

PROVISIONAL AGENDA FOR THE FOURTEENTH SESSION OF
THE COMMITTEE

841. The Committee considered the provisional agenda for its fourteenth session(agenda item 7), at its 238th meeting, on 19 January.
842. The Deputy Director of the Division for the Advancement of Women introduced
the proposed agenda (CEDAW/C/1994/6, annex II).
843. On the basis of the report of Working Group I, the Committee decided, atits 256th meeting, to approve the following provisional agenda:
1.

Opening of the session.

2.

Solemn declaration by new members of the Committee.

3.

Election of officers.

4.

Adoption of the agenda and organization of work.

5.

Background report of the Chairperson on the activities undertaken
during the year.

6.

Consideration of reports submitted by States parties under article 18of the Convention on the Elimination of All Forms of Discrimination
against Women.
Documentation
Report of the Secretary-General on the status of submission of reports
by States parties under article 18 of the Convention
Reports of States parties to be considered at the fourteenth session

7.

Implementation of article 21 of the Convention on the Elimination of
All Forms of Discrimination against Women.
Documentation
Note by the Secretary-General on reports provided by specialized
agencies
Report of the Secretary-General:
Convention

analysis of article 2 of theReport of the Secretary-General on the implications for the work of
the Committee of the priority themes of the Commission on the Status
of Women
8.

Ways and means of expediting the work of the Committee.
Documentation
Report of the Secretary-General on ways and means of expediting thework of the Committee

-151-

9.

Consideration of the report of the fifth meeting of persons chairing
the human rights treaty bodies and action taken by the General
Assembly concerning treaty bodies.
Documentation
Report of the fifth meeting of persons chairing the human rights
treaty bodies

10.

Contribution of the Committee to forthcoming international
conferences.
Documentation
Report of the Secretary-General transmitting the draft of thecompendium on the implementation of the Convention on the Eliminationof All Forms of Discrimination against Women.

-152-

IX.

ADOPTION OF THE REPORT844. At its 259th meeting, on 4 February 1994, the Committee adopted the reporton its thirteenth session (CEDAW/C/1994/L.1 and Add.1-16), as orally amended.

Notes
1/
See Report of the World Conference to Review and Appraise theAchievements of the United Nations Decade for Women: Equality, Development andPeace, Nairobi, 15-26 July 1985 (United Nations publications, Sales
No. E.85.IV.10), chap. I, sect. A.
2/

A/CONF.157/24 (Part I), chap. III.

3/
See Official Records of the General Assembly, Forty-seventh Session,
Supplement No. 38 (A/47/38), chap. I.
4/

A/CONF.157/24 (Part II), chap. III, sect. II, para. 40.

5/Ibid., sect. I, para. 18.

6/Ibid., sect. II, para. 5.

7/
See Official Records of the General Assembly, Forty-fifth Session,
Supplement No. 38 and corrigendum (A/45/38 and Corr.1), paras. 28-31.
8/
At its tenth session, the Committee had decided that, if States
parties whose reports were overdue by the conclusion of that session so wished,
they could submit a combined report to the Committee and that such reports
should be numbered by the Secretariat in a way that facilitated theiridentification (Official Records of the General Assembly, Forty-sixth Session,
Supplement No 38 (A/46/38), para. 370).
9/
Official Records of the General Assembly, Forty-eighth Session,
Supplement No. 38 (A/48/38), chap. I, sect. B.
10/ See Official Records of the Economic and Social Council, 1993,
Supplement No. 3 (E/1993/23), chap. II.A.

-153-

Annex I
STATES PARTIES TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OFDISCRIMINATION AGAINST WOMEN AS AT 4 FEBRUARY 1994

States parties

AngolaAntigua and Barbuda
Argentina
Armenia
Australia
Austria
BahamasBangladesh
Barbados
BelarusBelgium
BelizeBenin
BhutanBolivia
Bosnia and Herzegovina
BrazilBulgaria
Burkina Faso
BurundiCambodia
CanadaCape VerdeCentral African Republic
Chile
China
Colombia
Congo
Costa Rica
Croatia
Cuba
CyprusCzech Republic e/
Denmark
Dominica
Dominican Republic
EcuadorEgypt
El Salvador
Equatorial Guinea
Estonia
Ethiopia
FinlandDate of receipt of the
instrument of
ratification or accession

17 September 1986 a/
1 August 1989 a/
15 July 1985 b/
13 September 1993 a/
28 July 1983 b/
31 March 1982 b/
6 October 1993 a/
6 November 1984 a/, b/
16 October 1980
4 February 1981 c/
10 July 1985 b/
16 May 1990
12 March 1992
31 August 1981
8 June 1990
1 September 1993 d/
1 February 1984 b/
8 February 1982 c/
14 October 1987 a/
8 January 1992
15 October 1992 a/
10 December 1981 c/
5 December 1980 a/
21 June 1991 a/
7 December 1989
4 November 1980 b/
19 January 1982
26 July 1982
4 April 1986
9 September 1992 d/
17 July 1980 b/
23 July 1985 a/, b/
22 February 1993 c/, d/21 April 1983
15 September 1980
2 September 1982
9 November 1981
18 September 1981 b/
19 August 1981 b/
23 October 1984 a/
21 October 1991 a/
10 September 1981 b/
4 September 1986

-154-

Date of entry
into force

17 October 1986
31 August 1989
14 August 1985
13 October 1993
27 August 1983
30 April 1982
5 November 1993
6 December 1984
3 September 1981
3 September 1981
9 August 1985
15 June 1990
11 April 1992
30 September 1981
8 July 1990
1 October 1993
2 March 1984
10 March 1982
13 November 1987
7 February 1992
14 November 1992
9 January 1982
3 September 1981
21 July 1991
6 January 1990
3 September 1981
18 February 1982
25 August 1982
4 May 1986
9 October 1992
3 September 1981
22 August 1985
24 March 1993
21 May 1983
3 September 1981
2 October 1982
9 December 1981
18 October 1981
18 September 1981
22 November 1984
20 November 1991
10 October 1981
4 October 1986

States parties

FranceGabon
GambiaGermany f/
Ghana
GreeceGrenadaGuatemalaGuineaGuinea-Bissau
GuyanaHaiti
Honduras
Hungary
Iceland
India
Indonesia
Iraq
IrelandIsraelItaly
JamaicaJapan
JordanKenya
Lao People’s Democratic
Republic
LatviaLiberia
Libyan Arab Jamahiriya
Lithuania
Luxembourg
Madagascar
Malawi
Maldives
Mali
Malta
Mauritius
MexicoMongolia
MoroccoNamibia
Nepal
Netherlands
New Zealand
Nicaragua
Nigeria
NorwayPanamaDate of receipt of the
instrument of
ratification or accession

Date of entry
into force

14 December 1983 b/, c/
21 January 1983
16 April 1993
10 July 1985 b/
2 January 1986
7 June 1983
30 August 1990
12 August 1982
9 August 1982
23 August 1985
17 July 1980
20 July 1981
3 March 1983
22 December 1980 c/
18 June 1985
9 July 1993 b/
13 September 1984 b/
13 August 1986 a/, b/
23 December 1985 a/, b/, c/3 October 1991 b/
10 June 1985 b/
19 October 1984 b/
25 June 1985
1 July 1992 b/
9 March 1984 a/

13 January 1984
20 February 1983
16 May 1993
9 August 1985
1 February 1986
7 July 1983
29 September 1990
11 September 1982
8 September 1982
22 September 1985
3 September 1981
3 September 1981
2 April 1983
3 September 1981
18 July 1985
8 August 1993
13 October 1984
12 September 1986
22 January 1986
2 November 1991
10 July 1985
18 November 1984
25 July 1985
31 July 1992
8 April 1984

14 August 1981
14 April 1992 a/
17 July 1984 a/
16 May 1989 a/, b/
18 January 1994 a/
2 February 1989 b/
17 March 1989
12 March 1987 a/, c/
1 July 1993 a/, b/
10 September 1985
8 March 1991 a/, b/
9 July 1984 a/, b/
23 March 1981 b/
20 July 1981 c/
21 June 1993 a/, b/
23 November 1992 a/
22 April 1991
23 July 1991 b/
10 January 1985 b/, c/
27 October 1981
13 June 1985
21 May 1981
29 October 1981

13 September 1981
14 May 1992
16 August 1984
15 June 1989
17 February 1994
4 March 1989
16 April 1989
11 April 1987
31 July 1993
10 October 1985
7 April 1991
8 August 1984
3 September 1981
3 September 1981
21 July 1993
23 December 1992
22 May 1991
22 August 1991
9 February 1985
26 November 1981
13 July 1985
3 September 1981
28 November 1981

-155-

Date of receipt of the
instrument of
ratification or accession

States parties

Paraguay
Peru
Philippines
PolandPortugal
Republic of Korea
Romania
Russian Federation
RwandaSaint Kitts and Nevis
Saint Lucia
Saint Vincent and the
Grenadines
Samoa
Senegal
Seychelles
Sierra Leone
Slovakia e/
Slovenia
Spain
Sri Lanka
Suriname
SwedenTajikistan
ThailandThe former Yugoslav Republicof Macedonia
Togo
Trinidad and Tobago
Tunisia
TurkeyUgandaUkraineUnited Kingdom of GreatBritain and Northern
IrelandUnited Republic of
Tanzania
Uruguay
Venezuela
Viet Nam
Yemen g/Yugoslavia
Zaire
ZambiaZimbabwe

Date of entry
into force

6 April 1987 a/
13 September 1982
5 August 1981
30 July 1980 b/
30 July 1980
27 December 1984 b/, c/
7 January 1982 b/
23 January 1981 c/
2 March 1981
25 April 1985 a/
8 October 1982 a/

6 May 1987
13 October 1982
4 September 1981
3 September 1981
3 September 1981
26 January 1985
6 February 1982
3 September 1981
3 September 1981
25 May 1985
7 November 1982

4 August 1981 a/
25 September 1992 a/
5 February 1985
5 May 1992 a/
11 November 1988
28 May 1993 c/, d/
6 July 1992 d/
5 January 1984 b/
5 October 1981
1 March 1993 a/
2 July 1980
26 October 1993 a/
9 August 1985 a/, b/, c/3 September 1981
25 October 1992
7 March 1985
4 June 1992
11 December 1988
27 June 1993
5 August 1992
4 February 1984
4 November 1981
31 March 1993
3 September 1981
25 November 1993
8 September 1985

18 January 1994 d/
26 September 1983 a/
12 January 1990 b/
20 September 1985 b/
20 December 1985 a/, b/
22 July 1985
12 March 1981 c/

17 February 1994
26 October 1983
11 February 1990
20 October 1985
19 January 1986
21 August 1985
3 September 1981

7 April 1986 b/

7 May 1986

20 August 1985
9 October 1981
2 May 1983 b/
17 February 1982 b/
30 May 1984 a/, b/
26 February 1982
17 October 1986
21 June 1985
13 May 1991 a/

19 September 1985
8 November 1981
1 June 1983
19 March 1982
29 June 1984
28 March 1982
16 November 1986
21 July 1985
12 June 1991

(Footnotes on following page)-156-

(Footnotes to annex I)__________a/Accession.

b/

Declarations and reservations.

c/Reservation subsequently withdrawn.

d/Succession.

e/
Before becoming separate States on 1 January 1993, the Czech Republicand Slovakia formed part of Czechoslovakia, which State had ratified theConvention on 16 February 1982.
f/With effect from 3 October 1990, the German Democratic Republic (which
ratified the Convention on 9 July 1980) and the Federal Republic of Germany(which ratified the Convention on 10 July 1985) united to form one sovereign
State, which acts in the United Nations under the designation "Germany".
On 22 May 1990 Democratic Yemen and Yemen merged to form a singleg/State, which acts in the United Nations under the designation "Yemen".

-157-

Annex II
MEMBERSHIP OF THE COMMITTEE ON THE ELIMINATION OFDISCRIMINATION AGAINST WOMEN

Name of member

Country of nationality

Charlotte Abaka*
Ryoko Akamatsu*
Emna Aouij*
Gül Aykor**
Dora Bravo Nuñez de Ramsey*
Carlota Bustelo García del Real**
Silvia Rose Cartwright**
Ivanka Corti*
Norma Monica Forde*
Evangelina García-Prince**
Liliana Gurdulich de Correa**
Zagorka Ilic*
Salma Khan**
Lin Shangzhen*
Pirkko Anneli Mäkinen**
Elsa Victoria Muñoz-Gómez**
Tatiana Nikolaeva*
Ahoua Ouedraogo**
Teresita Quintos-Deles*
Hanna Beate Schöpp-Schilling**
Kongit Sinegiorgis**
Mervat Tallawy*
Rose N. Ukeje*

Ghana
Japan
Tunisia
TurkeyEcuadorSpain
New Zealand
Italy
Barbados
Venezuela
Argentina
Yugoslavia
Bangladesh
China
Finland
Colombia
Russian Federation
Burkina Faso
Philippines
Germany
Ethiopia
Egypt
Nigeria_______________*

Term of office expires in 1994.

**

Term of office expires in 1996.

-158-

Annex III
DOCUMENTS BEFORE THE COMMITTEE AT ITS THIRTEENTH SESSION

Document number

Title or description

CEDAW/C/1994/1

Provisional agenda and annotations

CEDAW/C/1994/2

Report of the Secretary-General on thestatus of submission of reports by States
parties under article 18 of the Convention

CEDAW/C/1994/3

Note by the Secretary-General on reports ofspecialized agencies on the implementationof the Convention in areas falling within
the scope of their activities

CEDAW/C/1994/3/Add.1

Report of the World Health Organization

CEDAW/C/1994/3/Add.2

Report of the International Labour
Organization

CEDAW/C/1994/3/Add.3

Report of the United Nations Educational,
Scientific and Cultural Organization

CEDAW/C/1994/3/Add.4

Report of the Food and Agriculture
Organization of the United Nations

CEDAW/C/1994/4

Report of the Secretariat on the analysis ofarticles 7 and 8 of the Convention

CEDAW/C/1994/5

Report of the Secretariat on theimplications for the work of the Committeeof the priority themes of the Commission on
the Status of Women

CEDAW/C/1994/6

Report of the Secretariat on ways and meansof expediting the work of the Committee

CEDAW/C/1994/7

Outline of the draft of the updated
compendium on the implementation of theConvention on the Elimination of All Formsof Discrimination against Women

CEDAW/C/1994/CRP.1

Proposed organization of work of theCommittee

CEDAW/C/1994/CRP.2

Report of the pre-session working group

CEDAW/C/1994/INF.1/Rev.2

List of participants

CEDAW/C/1994/L.1 and Add.1-16

Draft report of the Committee

CEDAW/C/1994/WP.1, 3, 4 and 6-16

General comments of the Committee on thereports of the States parties-159-

Document number

Title or description

CEDAW/C/1994/WG.I/WP.1 and Rev.1

Report of Working Group I

CEDAW/C/1994/WG.II/WP.1, 2 andRev.1 and 4

Report of Working Group II

CEDAW/C/1994/WG.III/WP.1

Report of Working Group III

Reports of States parties
CEDAW/C/AUL/2

Second periodic report of Australia

CEDAW/C/BAR/2-3

Combined second and third periodic reportsof Barbados

CEDAW/C/COL/2-3/Rev.1

Combined second and third periodic reportsof Colombia

CEDAW/C/13/Add.31

Second periodic report of Ecuador

CEDAW/C/ECU/3

Third periodic report of Ecuador

CEDAW/C/GUA/1-2 and Corr.1
and Amend.1

Combined initial and second periodic reportsof Guatemala

CEDAW/C/5/Add.63

Initial report of Guyana

CEDAW/C/JPN/2

Second periodic report of Japan

CEDAW/C/JPN/3

Third periodic report of Japan

CEDAW/C/LIB/1 and Add.1

Initial report of the Libyan Arab Jamahiriya

CEDAW/C/5/Add.65/Rev.2

Initial report of Madagascar

CEDAW/C/NET/1 and Add.1-3

Initial report of the Netherlands

CEDAW/C/NZL/2 and Add.1

Second periodic report of New Zealand

CEDAW/C/SEN/2 and Amend.1

Second periodic report of Senegal

CEDAW/C/ZAM/1-2

Combined initial and second periodic reports
of Zambia

CEDAW/C/YUG/SP.1

Report submitted on an exceptional basis by
the Federal Republic of Yugoslavia (Serbia
and Montenegro)-160-

Annex IV
STATUS OF SUBMISSION AND CONSIDERATION OF REPORTS SUBMITTED BY
STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN AS
AT 4 FEBRUARY 1994

StatespartiesA.

Date due*

Date of submission

Considered byCommittee(session/year)

Initial reports due and submitted as at 4 February 1994

Angola17 October 1987

Antigua andBarbuda31 August 1990

Argentina

14 August 1986

6 October 1986
(CEDAW/C/5/Add.39)

Seventh (1988)

Australia

27 August 1984

3 October 1986
(CEDAW/C/5/Add.40)

Seventh (1988)

Austria

30 April 1983

20 October 1983
(CEDAW/C/5/Add.17)

Fourth (1985)

Bangladesh

6 December 1985

12 March 1986
(CEDAW/C/5/Add.34)

Sixth (1987)

Barbados

3 September 1982

11 April 1990
(CEDAW/C/5/Add.64)

Eleventh (1992)

Belarus

3 September 1982

4 October 1982
(CEDAW/C/5/Add.5)

Second (1983)

Belgium

9 August 1986

20 July 1987
(CEDAW/C/5/Add.53)

Eighth (1989)

Belize15 June 1991

Benin

11 April 1993

Bhutan30 September 1982

Bolivia

8 July 1991

Brazil

2 March 1985

Bulgaria

10 March 1983

13 June 1983
(CEDAW/C/5/Add.15)

Fourth (1985)

Burkina Faso

13 November 1988

24 May 1990
(CEDAW/C/5/Add.67)

Tenth (1991)

Burundi7 February 1993

Cambodia

14 November 1993

Canada9 January 1983

15 July 1983
(CEDAW/C/5/Add.16)

Fourth (1985)

8 July 1991
(CEDAW/C/BOL/1)
26 August 1993
(CEDAW/C/BOL/1/Add.1)-161-

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Cape Verde

3 September 1982

CentralAfricanRepublic

21 July 1992

Chile

6 January 1991

3 September 1991
(CEDAW/C/CHI/1)

China

3 September 1982

25 May 1983
(CEDAW/C/5/Add.14)

Third (1984)

Colombia

18 February 1983

16 January 1986
(CEDAW/C/5/Add.32)

Sixth (1987)

Congo

25 August 1983

Costa Rica

4 May 1987

Croatia

9 October 1993

Cuba

3 September 1982

27 September 1982
(CEDAW/C/5/Add.4)

Second (1983)

Cyprus

22 August 1986

2 February 1994
(CEDAW/C/CYP/1-2)

Denmark

21 May 1984

30 July 1984
(CEDAW/C/5/Add.22)

Fifth (1986)

Dominica

3 September 1982

Dominican
Republic

2 October 1983

2 May 1986
(CEDAW/C/5/Add.37)

Seventh (1988)

Ecuador

9 December 1982

14 August 1984
(CEDAW/C/5/Add.23)

Fifth (1986)

Egypt

18 October 1982

2 February 1983
(CEDAW/C/5/Add.10)

Third (1984)

El Salvador

18 September 1982

3 November 1983
(CEDAW/C/5/Add.19)

Fifth (1986)

Equatorial
Guinea22 November 1985

16 March 1987
(CEDAW/C/5/Add.50)

Eighth (1989)

Estonia

20 November 1992

Ethiopia

10 October 1982

22 April 1993
(CEDAW/C/ETH/1-3)

Finland

4 October 1987

16 February 1988
(CEDAW/C/5/Add.56)

Eighth (1989)

France13 January 1985

13 February 1986
(CEDAW/C/5/Add.33)

Sixth (1987)

Gabon

20 February 1984

19 June 1987
(CEDAW/C/5/Add.54)

Eighth (1989)-162-

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Germany

9 August 1986

15 September 1988
(CEDAW/C/5/Add.59)

Ninth (1990)

Ghana

1 February 1987

29 January 1991
(CEDAW/C/GHA/1-2)

Eleventh (1992)

Greece7 July 1984

5 April 1985
(CEDAW/C/5/Add.28)

Sixth (1987)

Grenada29 September 1991

Guatemala11 September 1983

2 April 1991
(CEDAW/C/GUA/1-2 andCorr.1)
7 April 1993
(CEDAW/C/GUA/1-2/Amend.1)

Thirteenth(1994)

23 January 1990
(CEDAW/C/5/Add.63)

Thirteenth(1994)

Thirteenth(1994)

Guinea8 September 1983

Guinea-Bissau

22 September 1986

Guyana3 September 1982

Haiti

3 September 1982

Honduras

2 April 1984

3 December 1986
(CEDAW/C/5/Add.44)

Eleventh (1992)

Hungary

3 September 1982

20 September 1982
(CEDAW/C/5/Add.3)

Third (1984)

Iceland18 July 1986

5 May 1993
(CEDAW/C/ICE/1-2)

Indonesia

13 October 1985

17 March 1986
(CEDAW/C/5/Add.36)

Seventh (1988)

Iraq

12 September 1987

16 May 1990
(CEDAW/C/5/Add.66/Rev.1)

Twelfth (1993)

Ireland22 January 1987

18 February 1987
(CEDAW/C/5/Add.47)

Eighth (1989)

Israel2 November 1992

12 January 1994
(CEDAW/C/ISR/1)

Italy

10 July 1986

20 October 1989
(CEDAW/C/5/Add.62)

Tenth (1991)

Jamaica

18 November 1985

12 September 1986
(CEDAW/C/5/Add.38)

Seventh (1988)

Japan

25 July 1986

13 March 1987
(CEDAW/C/5/Add.48)

Seventh (1988)

Jordan31 July 1993

Kenya

8 April 1985

4 December 1990
(CEDAW/C/KEN/1-2)

Twelfth (1993)-163-

Statesparties

Date due*

Lao People’s
Democratic
Republic

13 September 1982

Latvia14 May 1993

Liberia

16 August 1985

Libyan Arab
Jamahiriya

15 June 1990

Luxembourg

4 March 1990

Madagascar

16 April 1990

Date of submission

Considered byCommittee(session/year)

18 February 1991
(CEDAW/C/LIB/1)
4 October 1993
(CEDAW/C/LIB/1/Add.1)

Thirteenth(1994)
Thirteenth(1994)

21 May 1990
(CEDAW/C/5/Add.65)
8 November 1993
(CEDAW/C/5/Add.65/Rev.2)

Thirteenth(1994)

Malawi11 April 1988

15 July 1988
(CEDAW/C/5/Add.58)

Ninth (1990)

Mali

10 October 1986

13 November 1986
(CEDAW/C/5/Add.43)

Seventh (1988)

Malta

7 April 1992

Mauritius

8 August 1985

23 February 1992
(CEDAW/C/MAR/1-2)

Mexico3 September 1982

14 September 1982
(CEDAW/C/5/Add.2)

Second (1983)

Mongolia

3 September 1982

18 November 1983
(CEDAW/C/5/Add.20)

Fifth (1986)

Namibia

23 December 1993

Nepal

22 May 1992

Netherlands

22 August 1992

19 November 1992
(CEDAW/C/NET/1)
17 September 1993
CEDAW/C/NET/1/Add.1
20 September 1993
(CEDAW/C/NET/1/Add.2)
9 October 1993
CEDAW/C/NET/1/Add.3)))
Thirteenth(1994)))New Zealand

9 February 1986

3 October 1986
(CEDAW/C/5/Add.41)

Seventh (1988)

Nicaragua

26 November 1982

22 September 1987
(CEDAW/C/5/Add.55)

Eighth (1989)

Nigeria

13 July 1986

1 April 1987
(CEDAW/C/5/Add.49)

Seventh (1987)-164-

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Norway3 September 1982

18 November 1982
(CEDAW/C/5/Add.7)

Third (1984)

Panama28 November 1982

12 December 1982
(CEDAW/C/5/Add.9)

Fourth (1985)

Paraguay

6 May 1988

4 June 1992
(CEDAW/C/PAR/1-2)

Peru

13 October 1983

14 September 1988
(CEDAW/C/5/Add.60)

Ninth (1990)

Philippines

4 September 1982

22 October 1982
(CEDAW/C/5/Add.6)

Third (1984)

Poland3 September 1982

10 October 1985
(CEDAW/C/5/Add.31)

Sixth (1987)

Portugal

3 September 1982

19 July 1983
(CEDAW/C/5/Add.21)

Fifth (1986)

Republic of
Korea

26 January 1986

13 March 1986
(CEDAW/C/5/Add.35)

Sixth (1987)

Romania

6 February 1983

14 January 1987
(CEDAW/C/5/Add.45)

Twelfth (1993)

RussianFederation

3 September 1982

2 March 1983
(CEDAW/C/5/Add.12)

Second (1983)

Rwanda3 September 1982

24 May 1983
(CEDAW/C/5/Add.13)

Third (1984)

Saint Kitts
and Nevis

25 May 1986

Saint Lucia

7 November 1983

Saint Vincent
and theGrenadines

3 September 1982

Samoa

25 October 1993

Senegal

7 March 1986

Seychelles

4 June 1993

Sierra Leone

11 December 1989

Slovenia

5 August 1993

23 November 1993
(CEDAW/C/SVN/1)

Spain

4 February 1985

20 August 1985
(CEDAW/C/5/Add.30)

Sixth (1987)

Sri Lanka

4 November 1982

7 July 1985
(CEDAW/C/5/Add.29)

Sixth (1987)

27 September 1991
(CEDAW/C/STV/1-3)

5 November 1986
(CEDAW/C/5/Add.42)-165-

Seventh (1988)

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Sweden3 September 1982

22 October 1982
(CEDAW/C/5/Add.8)

Second (1983)

Thailand

8 September 1986

1 June 1987
(CEDAW/C/5/Add.51)

Ninth (1990)

Togo

26 October 1984

Trinidad andTobago11 February 1991

Tunisia

20 October 1986

17 September 1993
(CEDAW/C/TUN/1

Turkey19 January 1987

27 January 1987
(CEDAW/C/5/Add.46)

Uganda21 August 1986

1 June 1992
(CEDAW/C/UGA/1-2)

Ukraine3 September 1982

2 March 1983
(CEDAW/C/5/Add.11)

Second (1983)

UnitedKingdom ofGreat Britain
and Northern
Ireland

7 May 1987

25 June 1987
(CEDAW/C/5/Add.52)

Ninth (1990)

UnitedRepublic of
Tanzania

19 September 1986

9 March 1988
(CEDAW/C/5/Add.57)

Ninth (1990)

Uruguay

8 November 1982

23 November 1984
(CEDAW/C/5/Add.27)

Seventh (1988)

Venezuela

1 June 1984

27 August 1984
(CEDAW/C/5/Add.24)

Fifth (1986)

Viet Nam

19 March 1983

2 October 1984
(CEDAW/C/5/Add.25)

Fifth (1986)

Yemen

29 June 1985

23 January 1989
(CEDAW/C/5/Add.61)

Twelfth (1993)

Yugoslavia

28 March 1983

3 November 1983
(CEDAW/C/5/Add.18)

Fourth (1985)

Zaire

16 November 1987

Zambia21 July 1986

6 March 1991
(CEDAW/C/ZAM/1-2)

Thirteenth(1994)

Zimbabwe

12 June 1992

-166-

Ninth (1990)

StatespartiesB.

Date due*

Date of submission

Considered byCommittee(session/year)

Second periodic reports due and submitted as at 4 February 1994

Angola17 October 1991

Argentina

14 August 1990

13 February 1992
(CEDAW/C/ARG/2)

Australia

27 August 1988

24 July 1992
(CEDAW/C/AUL/2)

Thirteenth(1994)

Austria

30 April 1987

18 December 1989
(CEDAW/C/13/Add.27)

Tenth (1991)

Bangladesh

6 December 1989

23 February 1990
(CEDAW/C/13/Add.30)

Twelfth (1993)

Barbados

3 September 1986

4 December 1991
(CEDAW/C/BAR/2-3)

Thirteenth(1994)

Belarus

3 September 1986

3 March 1987
(CEDAW/C/13/Add.5)

Eighth (1989)

Belgium

9 August 1990

9 February 1993
(CEDAW/C/BEL/2)

Bhutan30 September 1986

Brazil

2 March 1989

Bulgaria

10 March 1987

Burkina Faso

13 November 1992

Canada9 January 1987

Cape Verde

3 September 1986

China
Colombia

20 January 1988
(CEDAW/C/13/Add.11)

Ninth (1990)

3 September 1986

22 June 1989
(CEDAW/C/13/Add.26)

Eleventh (1992)

18 February 1987

14 January 1993
(CEDAW/C/COL/2-3)
2 September 1993
(CEDAW/C/COL/2-3/Rev.1)

Congo

25 August 1987

Costa Rica

4 May 1991

Cuba

3 September 1986

Cyprus

22 August 1990

Denmark

21 May 1988

Dominica

3 September 1986

Thirteenth(1994)

13 March 1992
(CEDAW/C/CUB/2-3)

2 June 1988
(CEDAW/C/13/Add.14)-167-

Tenth (1991)

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Dominican
Republic

2 October 1987

26 April 1993
(CEDAW/C/DOM/2-3)

Ecuador

9 December 1986

28 May 1990
(CEDAW/C/13/Add.31)

Thirteenth(1994)Egypt

18 October 1986

19 December 1986
(CEDAW/C/13/Add.2)

Ninth (1990)

El Salvador

18 September 1986

18 December 1987
(CEDAW/C/13/Add.12)

Eleventh (1992)

Equatorial
Guinea22 November 1989

6 January 1994
(CEDAW/C/GNQ/2-3)

Ethiopia

10 October 1986

22 April 1993
(CEDAW/C/ETH/1-3)

Finland

4 October 1991

9 February 1993
(CEDAW/C/FIN/2)

France13 January 1989

10 December 1990
(CEDAW/C/FRA/2)(CEDAW/C/FRA/2/Rev.1)

Gabon

20 February 1988

Germany

9 August 1990

Ghana

1 February 1991

Greece7 July 1988

Guatemala11 September 1987

Twelfth (1993)

29 January 1991
(CEDAW/C/GHA/1-2)

Eleventh (1992)

2 April 1991
(CEDAW/C/GUA/1-2 andCorr.1)
7 April 1993
(CEDAW/C/GUA/1-2/Amend.1)

Thirteenth(1994)
Thirteenth(1994)

Guinea8 September 1987

Guinea-Bissau

22 September 1990

Guyana3 September 1986

Haiti

3 September 1986

Honduras

2 April 1988

28 October 1987
(CEDAW/C/13/Add.9)

Eleventh (1992)

Hungary

3 September 1986

29 September 1986
(CEDAW/C/13/Add.1)

Seventh (1988)

Iceland18 July 1990

5 May 1993
(CEDAW/C/ICE/1-2)

Indonesia

13 October 1989

Iraq

12 September 1991

-168-

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Ireland22 January 1991

Italy

10 July 1990

Jamaica

18 November 1989

Japan

25 July 1990

21 February 1992
(CEDAW/C/JPN/2)

Thirteenth(1994)Kenya

8 April 1989

4 December 1990
(CEDAW/C/KEN/1-2)

Twelfth (1993)

Lao People’s
Democratic
Republic

13 September 1986

Liberia

16 August 1989

Malawi11 April 1992

Mali

10 October 1990

Mauritius

8 August 1989

23 February 1992
(CEDAW/C/MAR/1-2)

Mexico3 September 1986

3 December 1987
(CEDAW/C/13/Add.10)

Ninth (1990)

Mongolia

3 September 1986

17 March 1987
(CEDAW/C/13/Add.7)

Ninth (1990)

New Zealand

9 February 1990

3 November 1992
(CEDAW/C/NZE/2)
27 October 1993
(CEDAW/C/NZE/2/Add.1)

Thirteenth(1994)
Thirteenth(1994)

Nicaragua

26 November 1986

16 March 1989
(CEDAW/C/13/Add.20)

Twelfth (1993)

Nigeria

13 July 1990

Norway3 September 1986

23 June 1988
(CEDAW/C/13/Add.15)

Tenth (1991)

Panama28 November 1986

Paraguay

6 May 1992

4 June 1992
(CEDAW/C/PAR/1-2)

Peru

13 October 1987

13 February 1990
(CEDAW/C/13/Add.29)

Philippines

4 September 1986

12 December 1988
(CEDAW/C/13/Add.17)

Tenth (1991)

Poland3 September 1986

17 November 1988
(CEDAW/C/13/Add.16)

Tenth (1991)

Portugal

3 September 1986

18 May 1989
(CEDAW/C/13/Add.22)

Tenth (1991)-169-

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Republic of
Korea

26 January 1990

19 December 1989
(CEDAW/C/13/Add.28 andCorr.1)

Twelfth (1993)

Romania

6 February 1987

19 October 1992
(CEDAW/C/ROM/2-3)

Twelfth (1993)

RussianFederation

3 September 1986

10 February 1987
(CEDAW/C/13/Add.4)

Eighth (1989)

Rwanda3 September 1986

7 March 1988
(CEDAW/C/13/Add.13)

Tenth (1991)

Saint Kitts
and Nevis

25 May 1990

Saint Lucia

7 November 1987

Saint Vincent
and theGrenadines

3 September 1986

27 September 1991
(CEDAW/C/STV/1-3)

Senegal

7 March 1990

23 September 1991
(CEDAW/C/SEN/2)(CEDAW/C/SEN/2/Amend.1)

Thirteenth(1994)

Sierra Leone

11 December 1993Spain

4 February 1989

9 February 1989
(CEDAW/C/13/Add.19)

Eleventh (1992)

Sri Lanka

4 November 1986

29 December 1988
(CEDAW/C/13/Add.18)

Eleventh (1992)

Sweden3 September 1986

10 March 1987
(CEDAW/C/13/Add.6)

Seventh (1988)

Thailand

8 September 1990

Togo

26 October 1988

Tunisia

20 October 1990

Turkey19 January 1991

7 February 1994
(CEDAW/C/TUR/2)

Uganda21 August 1990

1 June 1992
(CEDAW/C/UGA/1-2)

Ukraine3 September 1986

13 August 1987
(CEDAW/C/13/Add.8)

Ninth (1990)

UnitedKingdom ofGreat Britain
and Northern
Ireland

7 May 1991

11 May 1991
(CEDAW/C/UK/2)(CEDAW/C/UK/2/Amend.1)

Twelfth (1993)-170-

Statesparties

Date due*

UnitedRepublic of
Tanzania

19 September 1990

Uruguay

8 November 1986

Venezuela

1 June 1988

Viet Nam

19 March 1987

Yemen

Date of submission

Considered byCommittee(session/year)

18 April 1989
(CEDAW/C/13/Add.21)

Eleventh (1992)

29 June 1989

8 June 1989
(CEDAW/C/13/Add.24)(CEDAW/C/13/Add.24/Amend.1)

Twelfth (1993)

Yugoslavia

28 March 1987

31 May 1989
(CEDAW/C/13/Add.23)

Tenth (1991)

Zaire

16 November 1991

Zambia21 July 1990

6 March 1991
(CEDAW/C/ZAM/1-2)

Thirteenth(1994)C.

Third periodic reports due and submitted as at 4 February 1994

Australia

27 August 1992

Austria

30 April 1991

Bangladesh

6 December 1993

26 January 1993
(CEDAW/C/BDG/3)

Barbados

3 September 1990

4 December 1991
(CEDAW/C/BAR/2-3)

Belarus

3 September 1990

1 July 1993
(CEDAW/C/BLR/3)

Bhutan30 September 1990

Brazil

2 March 1993

Bulgaria

10 March 1991

Canada9 January 1991

Cape Verde

3 September 1990

China

3 September 1990

Colombia

18 February 1991

Congo

25 August 1991

Cuba

3 September 1990

Thirteenth(1994)

9 September 1992
(CEDAW/C/CAN/3)

14 January 1993
(CEDAW/C/COL/2-3)
2 September 1993
(CEDAW/C/COL/2-3/Rev.1)

13 March 1992
(CEDAW/C/CUB/2-3)-171-

Thirteenth(1994)

Statesparties

Date due*

Date of submission

Denmark

21 May 1992

Dominica

3 September 1990

Dominican
Republic

2 October 1991

26 April 1993
(CEDAW/C/DOM/2-3)

Ecuador

9 December 1990

23 December 1991
(CEDAW/C/ECU/3)

Egypt

18 October 1990

El Salvador

18 September 1990

Equatorial
Guinea22 November 1993

Ethiopia

10 October 1990

France13 January 1993

Gabon

20 February 1992

Greece7 July 1992

Guatemala11 September 1991

Guinea8 September 1991

Guyana3 September 1990

Haiti

3 September 1990

Honduras

2 April 1992

31 May 1991
(CEDAW/C/HON/3)

Hungary

3 September 1990

4 April 1991
(CEDAW/C/HUN/3)

Indonesia

13 October 1993

Jamaica

18 November 1993

Japan

25 July 1994

Kenya

8 April 1993

Lao People’s
Democratic
Republic

13 September 1990

Liberia

16 August 1993

Mauritius

8 August 1993

Mexico3 September 1990

Mongolia

3 September 1990

Considered byCommittee(session/year)

7 May 1993
(CEDAW/C/DEN/3)

Thirteenth(1994)

22 April 1993
(CEDAW/C/ETH/1-3)

28 October 1993
(CEDAW/C/JPN/3)

1 December 1992
(CEDAW/C/MEX/3)-172-

Eleventh (1992)

Thirteenth(1994)

Statesparties

Date due*

Date of submission

Considered byCommittee(session/year)

Nicaragua

26 November 1990

15 October 1992
(CEDAW/C/NIC/3)

Twelfth (1993)

Norway3 September 1990

25 January 1991
(CEDAW/C/NOR/3)

Panama28 November 1990

Peru

13 October 1991

Philippines

4 September 1990

20 January 1993
(CEDAW/C/PHI/3)

Poland3 September 1990

22 November 1990
(CEDAW/C/18/Add.2)

Tenth (1991)

Portugal

3 September 1990

10 December 1990
(CEDAW/C/18/Add.3)

Tenth (1991)

Republic of
Korea

26 January 1994

Romania

6 February 1991

19 October 1992
(CEDAW/C/ROM/2-3)

Twelfth (1993)

RussianFederation

3 September 1990

24 July 1991
(CEDAW/C/USR/3)

Rwanda3 September 1990

18 January 1991
(CEDAW/C/RWA/3)

Saint Lucia

7 November 1991

Saint Vincent
and theGrenadines

3 September 1990

Spain

4 February 1993

Sri Lanka

4 November 1990

Sweden3 September 1990

Togo

26 October 1992

Ukraine3 September 1990

Uruguay

8 November 1990

Venezuela

1 June 1992

Viet Nam

19 March 1991

Yemen

29 June 1993

Yugoslavia

28 March 1991

Twelfth (1993)

27 September 1991
(CEDAW/C/STV/1-3)

3 October 1990
(CEDAW/C/18/Add.1)

Twelfth (1993)

31 May 1991
(CEDAW/C/UKR/3)

13 November 1992
(CEDAW/C/YEM/3)-173-

Twelfth (1993)

Statesparties

Date due*D.

Date of submission

Considered byCommittee(session/year)

Reports submitted on an exceptional basis

Bosnia andHerzegovina

1 February 1994 oral report(see CEDAW/C/SR.253)

Thirteenth(1994)

Federal
Republic of
Yugoslavia(Serbia andMontenegro)

2 December 1993
(CEDAW/C/YUG/SP.1)
2 February 1994 oral report(see CEDAW/C/SR.254)

Thirteenth(1994)*One year prior to the due date, the Secretary-General invites the State
party to submit its report.

94-17362 (E)-174-