Committee on the Elimination of Discrimination against Women

22nd session (New York, 17 January to 4 February 2000)

1. Optional Protocol

On 6 October 1999, the United Nations General Assembly adopted an Optional Protocol to CEDAW. It enables female victims of sex discrimination to submit complaints to the Committee after they have exhausted domestic remedies. It includes an inquiry procedure, that enables the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights. Although States are permitted to opt-out of the inquiry procedure, upon ratification, no reservations are permitted to the terms of the Protocol. At the June session of CEDAW, Yakin Erturk, Director of the UN Division for the Advancement of Women, highlighted that, to date, 41 State parties to the Convention had signed the Protocol and three, Namibia, Senegal and Denmark, had ratified it. Most recently, France has become the fourth country to ratify the Protocol. Erturk pointed out that many countries had committed themselves to ratification, during the special session and it was her view that the 10 ratifications required for the Protocol’s entry into force would be achieved during the year. Erturk’s prediction proved correct; the Optional Protocol entered into force on 22 December 2000.

2. Reports by States

During the 22nd session, the Committee examined reports from 8 countries: the initial reports of India and Myanmar; the initial and second periodic reports of Jordan; and the initial, second and third periodic reports of the Democratic Republic of the Congo. The Committee also examined the combined second and third periodic reports of Burkina Faso, the third periodic report of Belarus and Luxembourg, and the combined second and third periodic reports and fourth periodic report of Germany.

At the opening of the session, Angela E.V. King, the Assistant Secretary-General and Special Advisor to the Secretary-General on Gender issues and Advancement of Women, commended the adoption by the UN General Assembly of the Optional Protocol to CEDAW.

The Committee highlighted violations to women’s rights that are common to many countries. Stereotypical attitudes affect all spheres of women lives, to different degrees depending on the political, social and cultural environment of the countries. These stereotypes prevent women from enjoying the same rights as men. These prejudices take the form of social practices as sex-selective abortion (India), female genital mutilation (Democratic Republic of the Congo), the acceptance and legality of polygamy (Jordan and Burkina Faso), the non-recognition of women’s right upon divorce, and increased violence against women. The difficulty with the advancement of women is that even when formal equality is enshrined in the legislation of countries, the persistence of stereotypical thinking and cultural practices (even in the advanced western countries) impede the achievement of gender equality. For instance, in Luxembourg and Germany the traditional understanding of the role of women tends to confine women to the roles of mothers and homemakers.

This year especially, the Committee expressed its concern that in all the countries considered during the session, there was a low level of female participation in both decision and policy-making processes as well as a persistent wage-gap between women and men.

The difficult economic, political and social situations of certain countries (India, Myanmar, Jordan, Democratic Republic of the Congo, Burkina Faso) also hinder the implementation of the rights of women. However, it must also be noted that the lack of political will by governments remains an important impediment to the implementation of the Convention.

Belarus

The Committee highlighted that the main obstacle to the implementation of the Convention in Belarus is the absence of an enabling environment, which prevents women from fully participating in all aspects of public life. In particular, women are underrepresented in political and decision-making positions.

Poverty, unemployment and displacement of women from the labour market characterise the situation of women in Belarus. Women are employed predominantly in low-paying jobs, and a wage gap between men and women persists. The Committee observed that the national machinery which aims to develop and support the implementation of a national gender equality policy, is too limited. Efforts also have to be made to eradicate sex-role stereotypes; the Government should reassess its overall policy towards women. Women must be recognised as individuals entitled to the full realisation of their human rights.

There is also an increasing trend in trafficking for purposes of prostitution of Belarusian women, often under false pretences. The Committee said that the government must increase its efforts to fight against this phenomenon and attack its root causes through poverty alleviation. The government must also assist victims through counselling and reintegration.

Burkina Faso

This country has amongst the lowest human development indicators of the continent, which constitutes a serious impediment to the implementation of the Convention. The very high illiteracy rate combined with discriminatory traditions and customs also hinders the advancement of women. The Committee therefore recommended that the Government accord priority to the education of girls and women by recruiting more women teachers and by ensuring that school textbooks no longer carry negative images of women. The Committee was also concerned about women’s health: the high rates of maternal and infant mortality, caused by infectious diseases and malnutrition result, from the lack of local health-care centres and health-care providers. The Committee commended the Government for the promulgation the 1996 provision in the penal code, which prohibits and punishes female genital mutilation. The Committee welcomed the establishment in June 1997 of the Ministry for the Advancement of Women. But once again the Committee observed that prejudices and customary rights hinder the implementation of gender equality, in particular at the level of access to land property and to employment.

Democratic Republic of the Congo

The Committee commended the efforts of the Government to continue to implement the Convention despite the ongoing war and the economic crisis. In spite of the fact that the Constitution enshrines the principle of gender equality, the persistence of the idea of male superiority and the consequent subordination of women to men are serious obstacles to the implementation of the Convention. Discrimination still prevails, owing to traditional mentalities and negative customs such as dowry, levirate, polygamy, forced marriage and female genital mutilation. The Committee requested for the immediate prohibition of such practices.

The Committee expressed concern about the violent impact of the war on girls and women, who are often victims of rape and gender-based violence. The Committee was gravely concerned about the reports of women who were raped, assaulted or severely tortured during the war.

The social and economic problems in the country have further increased the impoverishment of the population, especially women. The prostitution rate, particularly involving girl children, has risen. Female illiteracy and low representation of women in political life were also underlined.

Germany

According to the Committee, Germany has increasingly implemented the Convention since the consideration of the initial report in 1990, especially in its wide-ranging legislative and policy initiatives and the programmes and projects aimed at giving effect to the constitutional guarantee of gender equality. In spite of the steps taken by the Government following the reunification of Germany, women in the new Länder account for 20.7% of the unemployed. That is a disproportionately high percentage compared to that of unemployed men in the new Länder as well as to the overall unemployment rate of women in Germany. The Committee raised concern over the often precarious situation of foreign women living in Germany: their sex, race and ethnicity make them particularly vulnerable.

The Committee was also concerned over the continuing stereotypical portrayal of women, especially of foreign women in the media. Perception of the social role of women and men is still largely traditional, reflected in women’s predominance in part-time work (88% in 1997), their main responsibility for family and caring work, and men’s extremely low participation in parental leave (1,5% of those taking parental leave in 1997). In addition, the wage gap persists, with women earning on average 77% of men’s earning.

India

While commending the recognition of a fundamental right to gender equality and non-discrimination in the Indian Constitution, the Committee considered how the government’s policy of non-intervention perpetuates sexual stereotypes, son preference and discrimination against women. The fundamental right to education has not been realised, as girls do not have access to primary and secondary education. The Committee also expressed its concern about the continuing discrimination, including violence, suffered by Dalit women and urged the Government to enforce laws addressing this.

With regard to women’s health, the Committee also noted that India’s maternal mortality rates and infant mortality rates are among the highest in the world. The Committee called upon the Government to establish a comprehensive and compulsory system of registration of births and marriages. Registration facilitates effective implementation of laws that may ensure women of their inheritance rights and protect girls from sexual exploitation and trafficking, child labour, and forced or early marriage.

Jordan

The Committee expressed satisfaction with the achievement of comparative enrolment rates in basic and secondary education and commended the Government’s efforts to further reduce the female illiteracy rate. It also noted that violence against women is now acknowledged as a critical area of concern that needs to be addressed through governmental action.

The Committee noted that there are persisting problems relating to cultural practices and strong stereotypical attitudes towards women. Such discrimination is manifest, for example, in the Jordanian Constitution, which does not contain any specific provision stating that there shall be no discrimination either de jure or de facto on the ground of sex. The Committee expressed concern that Jordanian law prevents a Jordanian woman from passing on her nationality to her children if her husband is not Jordanian. Jordanian law also prohibits women from signing contracts in their own name, from travelling alone and from choosing their place of residence. Jordanian law also recognises the practice of polygamy.

The Committee highlighted Article 340 of the Penal Code of Jordan, which excuses a man who kills or injures his wife or his female kin caught in the act of adultery. The Committee said that this article must quickly be repealed, and awareness-raising activities must be undertaken to make "honour-killings" socially and morally unacceptable.

The Committee also called on the Government to initiate legislative action to permit safe abortion for victims of rape or incest.

Luxembourg

The Committee commended the Government for setting up a separate Ministry for the Advancement of Women in 1995 and for its interest in conducting a gender analysis of the entire State budget. This analysis would contribute to a better understanding of the way in which women and men benefit from governmental expenditure in all areas.

Despite these positive achievements, problems remain. The State party has failed to amend its Constitution to include the principle of equality between women and men, which constitutes a failure to comply with the Convention. Certain laws, including the waiting-period of 300 days before a widow or divorced woman can remarry and the legislation governing abortions, also need amending and there is still no specific legislation on domestic violence. Furthermore, stereotypical understandings of sex-roles continue to impede the achievement of equality for women. Women lack equality of opportunity in the labour market (only 37% of the labour force population are female), there exists a wage gap between the sexes and a higher number of women in part-time work.

Myanmar

The Committee noted with satisfaction that in Myanmar women have the same rights as men to acquire, administer and dispose of property. It also noted with concern the high literacy rate of women.

Generally speaking, the Committee regretted the lack of information in the report of Myanmar on almost every subject. Most notably, there is a substantive lack of information on the human rights of women in all 135 ethnic groups of the country, on the increasing number of women with HIV/AIDS, and on the trafficking in women and girls. The Committed requested the Government to include more information and data in its next report.

Several Experts expressed concern about the living conditions of Nobel Prize winner Aung San Suu Kyi.

Top