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Report
of the Committee on the Elimination of Discrimination against Women:
30th and 31st Sessions
Combined initial, second and third periodic report and combined
fourth and fifth periodic report of Angola
General Assembly Official Records, Fifty-ninth Session, Supplement
No. 38 (A/59/38), 2004
124. The Committee considered the combined initial, second and third
periodic report and combined fourth and fifth periodic report of Angola
(CEDAW/C/AGO/1-3 and CEDAW/C/AGO/4-5) at its 655th and 661st meetings,
on 12 and 16 July 2004 (See CEDAW/C/SR.655 and 661).
Introduction by the State party
125. In introducing the combined initial, second and third periodic
report and the combined fourth and fifth periodic report, the representative
noted that, since independence in 1975, Angola had faced many political
and socio-economic setbacks. The war had had a devastating impact
on the socio-economic infrastructure of the country and, in particular,
on the lives of women. The war had produced over four million internally
displaced persons and more than 300,000 refugees in neighbouring countries,
80 per cent of whom were women and children.
The majority of Angola's population lived in conditions of extreme
poverty with limited access to education, health care, water, electricity
and sanitation. Women's lives were characterized by high levels of
maternal and child mortality, malnutrition, illiteracy, poverty, violence,
lack of resources, unemployment in the formal sector and a high rate
of participation in the informal economy. Since the signing of the
Luena Agreement in 2000, which had brought peace to the country, the
Government had taken new initiatives to improve the living condition
of the population.
126. The representative stressed that the Government had undertaken
important measures to address resource, institutional and socio-political
constraints in order to progressively comply with its obligations
under the Convention. Angola had formally acknowledged women's right
to equality in its Constitution and had
promulgated legislation to address the social, economic, legal and
political aspects of gender parity and discrimination against women,
including in the family and in labour codes, as well as in legislative
provisions related to HIV/AIDS, nationality, the elimination of all
forms of violence against women and the exploitation of women, including
trafficking and prostitution. The representative acknowledged that
the practical application of these provisions had been largely ineffective.
127. The State secretariat for the promotion and development of women,
created in 1991 had been upgraded to a Cabinet-based Ministry in 1997.
In addition to its responsibility for the formulation and implementation
of national policy on the rights of women, focal points existed in
most other ministries to mainstream gender in government policies,
programmes and projects. One of these programmes sought to eradicate
gender-based poverty through the provision of counselling, legal aid,
microcredit and other interventions for rural women.
128. In the areas of health and education, the Government had prioritized
the rehabilitation of infrastructure and training. Resources were
being assessed to remedy the high rates of maternal and infant mortality,
malnutrition, illiteracy and limited access to water and sanitation.
Households headed by women were most affected by HIV/AIDS and other
sexually transmitted diseases. The strategic plan on reproductive
health and the national plan for education for all to the year 2015
was expected to address the specific needs of women and girl children
and to ensure that women could benefit from both formal and non-formal
education.
129. The representative indicated that in the field of employment
some discriminatory attitudes towards young women existed in private
enterprises. Despite a non-discriminatory labour law, the public sector
was comprised of 60 percent men and 40 per cent women. Unemployment
rates were higher among women,
and women worked predominantly in the informal sector where they operated
their own businesses.
130. The representative noted women?s participation in decision-making
was slowly being promoted, as few women were represented in political
and public life. Three out of 30 ministers were currently women, as
were 5 out of 40 vice-ministers. Thirty-six out of 220 members of
Parliament were women, while 6 of 66
ambassadors were women. While some Angolan women worked for regional
institutions, no Angolan women were currently represented in international
arenas.
131. The representative underlined the Government?s awareness of the
challenges faced in the implementation of its obligations under the
Convention. Women's rights were affected by societal changes and had
to be protected through civil, political, social and legal measures.
132. In concluding, the representative conveyed a message from the
President of Angola, in which he reiterated the Government's commitment
to the realization of women's advancement and full gender integration
and to the creation of necessary conditions for their well-being and
security through the implementation of policies and programmes. The
President also highlighted the need to prioritize women in social
policies, the importance of equal opportunities for women in the fields
of assistance, education, training and employment and stated that
Angola planned to adopt legislation to combat violence against women.
Concluding comments of the Committee
Introduction
133. The Committee commends the State party for ratifying the Convention
without reservations and expresses its appreciation to the State party
for its combined initial, second and third periodic report and its
combined fourth and fifth periodic report, which were, however, long
overdue.
134. The Committee congratulates the State party for sending a high-level
delegation headed by the Vice-Minister of Family and Promotion of
Women. It appreciates the frank and constructive dialogue that took
place between the members of the Committee and the delegation, which
provided further insights into
the real situation of women in Angola.
135. The Committee notes that nearly 30 years of civil war in Angola
resulted in the destruction of the socio-economic infrastructure,
over four million internally displaced persons and refugees, a considerable
increase in households headed by women and the majority of the population
living in extreme poverty.
136. The Committee notes with satisfaction that the reports provide
information about action taken by the Government in the follow-up
to the Fourth World
Conference on Women, held in Beijing in 1995, and the twenty-third
special session of the General Assembly in 2000.
Positive aspects
137. The Committee welcomes the political will and commitment, expressed
in the message by the President of Angola to the Committee and during
the constructive dialogue, to the realization of the de facto equality
for women and the full implementation of the provisions of the Convention,
and to further improve on progress achieved so far in some areas.
138. The Committee welcomes the creation, in 1991, of the State secretariat
for the promotion and development of women, which was upgraded, in
1997, to the Ministry of Family and Promotion of Women, with a mandate
to define and implement the national policy for the promotion of the
rights of women in both the
public and private sphere. It also welcomes the establishment of gender
focal points in all ministries and departments at central and local
levels.
139. The Committee commends the State party for enacting a number
of laws and adopting strategic plans in support of the goal of gender
equality and the implementation of the provisions of the Convention,
including the Family Code, the 2004 HIV/AIDS law and the strategic
plan on HIV/AIDS; the General Labour Law of 2000; the strategic plan
on sexual and reproductive health (2003-2008); and the national plan
for education for all to the year 2015. It further welcomes the strategy
and strategic framework for the promotion of gender equality by the
year 2005, developed after the special session of the General Assembly
entitled Women 2000: gender equality, development and peace for
the twenty-first century (Beijing +5), approved by the Cabinet
in November 2001.
Principal areas of concern and recommendations
140. The Committee is concerned that the Convention has not yet been
domesticated as part of Angolan law. It notes that, short of such
full domestication, the status of the Convention vis-à-vis
domestic law is not clarified, nor is it clear if the Convention is
justiciable and enforceable in Angolan courts. The Committee also
notes with concern that the provisions of the Convention have not
yet been widely disseminated nor are they widely known by judges,
lawyers and prosecutors. The Committee is further concerned about
the lack of proper understanding of and respect for women's human
rights and that women themselves are not made aware of their rights,
and thus lack the capacity to claim them.
141. The Committee recommends that the State party take immediate
measures to ensure that the Convention becomes fully applicable in
the domestic legal system. It calls on the State party to ensure that
the Convention and related domestic legislation are made an integral
part of legal education
and the training of judicial officers, including judges, lawyers and
prosecutors, so as to establish firmly in the country a legal culture
supportive of women’s equality and non-discrimination. It also
calls on the State party to disseminate the Convention widely to the
general public so as to create awareness of women’s human rights.
It invites the State party to take special measures to enhance women’s
awareness of their rights and legal literacy so that they can claim
all their rights.
142. The Committee expresses concern that, while article 18 of the
Angolan Constitution guarantees equality between women and men and
prohibits discrimination on the basis of sex, it does not contain
a definition in line with article 1 of the Convention.
143. The Committee urges the State party, as part of its current constitutional
review process, to undertake a comprehensive national dialogue on
women’s rights to equality and non-discrimination and to enshrine
in the Constitution a definition of equality and non-discrimination
against women, in line with
article 1 of the Convention, so as to create a solid constitutional
basis for the practical realization of women’s de facto equality.
144. While noting the existing positive elements for the protection
and promotion of women's human rights in the current legal framework
the Committee is
concerned about other legislative provisions that discriminate against
women, including in the Civil Code, the Commercial Code and the Penal
Code, as well as
about legislative gaps in certain areas, including violence against
women.
145. The Committee calls on the State party to embark on a law review
process to identify laws that discriminate against women or legislative
gaps in the area
of equality between women and men with a view to revising such laws
or drafting new legislation in order to eliminate provisions that
are discriminatory.
146. The Committee is concerned at the strong persistence of patriarchal
attitudes and deep-rooted stereotypes regarding the role and responsibilities
of women and men in society, which are discriminatory to women. The
Committee is concerned that the preservation of negative cultural
practices and traditional attitudes serve to perpetuate women's subordination
in the family and society and constitute serious obstacles to women's
enjoyment of their human rights.
147. The Committee urges the State party to view culture as a dynamic
aspect of the country’s social fabric and life, and subject,
therefore, to change. It urges
the State party to introduce measures without delay to modify or eliminate
cultural practices and stereotypes that discriminate against women,
in
conformity with articles 2 (f) and 5 (a) of the Convention, and ensure
that women’s rights to non-discrimination and equality set forth
in the provisions of the Convention prevail. It urges the State party
to undertake such efforts in collaboration with civil society organizations,
women’s groups and community
leaders, as well as teachers and the media. It invites the State party
to increase its efforts to design and implement comprehensive education
and awareness-raising programmes targeting women and men at all levels
of society, with a view to creating an enabling and supportive environment
to transform and
change discriminatory stereotypes and allowing women to exercise their
human rights.
148. While recognizing the efforts undertaken by the State party aimed
at the reconstruction of the country and its socio-economic fabric
after the long years of
armed conflict, including repatriation, rehabilitation and resettlement
of refugees and internally displaced persons, the majority of whom
are women, the Committee is concerned that the widespread poverty
among women and the poor socio-economic conditions are among the causes
of the violation of women?s human rights and discrimination against
them. The Committee is especially concerned about the situation of
women in rural areas, women heads of households, women refugees and
internally displaced women returning to their places of origin or
migrating to the cities, who often lack access to health, education,
services and means and opportunities for economic survival.
149. The Committee urges the State party to make the promotion of
gender equality an explicit component of all its national development
strategies, policies and programmes, in particular those aimed at
repatriation, rehabilitation and resettlement, as well as those aimed
at poverty alleviation and sustainable development. It urges the State
party to pay special attention to the needs of rural women, women
heads of household, refugee women and
internally displaced women, ensuring that they participate in decision-making
processes and have access to health, education, services and income-generation
projects. The Committee also invites the State party to place emphasis
on the promotion and protection of women’s human rights in all
development
cooperation programmes with international organizations and bilateral
donors so as to address the socio-economic causes of discrimination
against women.
150. While welcoming the upgrading of the national machinery for women
to the level of Ministry, headed by a Cabinet Minister, the Committee
is particularly
concerned that it suffers from inadequate human and financial resources,
which prevent it from carrying out its functions effectively in promoting
the advancement of women and gender equality.
151. The Committee recommends that the State party expeditiously strengthen
the existing national machinery and provide it with adequate human
and financial resources at all levels, including training and capacity-building
for the gender focal points in sectoral ministries and departments,
in order to increase its effectiveness in mainstreaming gender perspectives
in all policies and programmes and in promoting women’s human
rights.
152. While it commends the State party for recognizing the gravity
and extent of the problem of violence against women and girls and
its ongoing efforts to combat such violence, including in cooperation
with non-governmental organizations, the Committee is concerned about
the lack of specific legislation on violence against women, including
on domestic violence, as well as the lack of adequate policies, programmes
and services and their effective implementation and enforcement. The
Committee is also concerned about the attitude of law enforcement
officers towards women who report cases of violence, which results
in women victims reluctance to report such cases of abuse.
153. The Committee urges the State party to place high priority on
putting comprehensive measures in place to address all forms of violence
against
women and girls, recognizing that such violence constitutes a violation
of the human rights of women under the Convention and further elaborated
in the Committee’s general recommendation 19 on violence against
women. The Committee calls on the State party to enact legislation
on violence against women, including on domestic violence and sexual
abuse, as soon as possible, so as to ensure that violence against
women constitutes a criminal offence, that
women and girls victims of violence have access to immediate means
of redress and protection and that perpetrators are prosecuted and
punished. The
Committee recommends that the State party intensify its public awareness-raising
efforts on violence against women and implement training for public
officials, especially police and law enforcement personnel, the judiciary
and health and social workers and community leaders, in order to ensure
that they
are sensitized to the unacceptability of all forms of violence against
women and adequately support victims of such violence. The Committee
also recommends
that the State party take appropriate measures to increase the availability
of legal aid throughout the country in order to assist and advise
women victims of
violence.
154. The Committee expresses concern over the fact that the number
of women in decision-making positions remains low in political and
public life, including in the National Assembly, the civil service
and the judiciary. It is also concerned at the low representation
of women in decision-making positions in the national foreign service.
155. The Committee recommends that the State party undertake measures
to increase the number of women in decision-making positions in all
spheres, in
accordance with its general recommendation 23 on women in political
and public life, including in the National Assembly, in political
parties, the judiciary and the civil service, including the foreign
service. It also recommends that the State party introduce temporary
special measures, in accordance with article 4, paragraph 1, of the
Convention and the Committee’s general recommendation 25 on
temporary special measures, and to establish concrete goals and timetables
to accelerate women’s equal participation in public and political
life. The Committee urges the State party to implement training programmes
to encourage women to participate in public life. It also calls on
the State party to implement awareness-raising campaigns to highlight
the importance to society as a whole of women’s full and equal
participation in leadership positions at all levels of decision-making
for the development of the country, especially at a
time of rebuilding and reconstruction after the long war.
156. The Committee is concerned that prostitution continues to thrive,
owing to the poverty of women and girls. The Committee is also concerned
about the exploitation of prostitutes, especially of young girls,
and the lack of information about the efforts to combat this phenomenon.
It is also concerned at the lack of information about the extent of
trafficking in women and measures taken to address this issue.
157. The Committee urges the State party to pursue a holistic approach
in order to provide women and girls with educational and economic
alternatives to prostitution, to facilitate the reintegration of prostitutes
into society and to provide rehabilitation and economic empowerment
programmes to women and girls exploited in prostitution. The Committee
further calls on the State party to take appropriate measures to suppress
the exploitation of prostitution of
women, including through the discouragement of the demand for prostitution.
The Committee requests that the State party provide information and
data on
measures taken to combat this phenomenon in its next report. It also
requests the State party to provide in its next report detailed information
on trafficking
in women and measures taken, including legislation, to prevent trafficking,
protect victims and punish traffickers, as well as on the impact of
such measures.
158. The Committee is concerned at the poor educational infrastructure,
as reflected in the very low budgetary allocation; the lack of, or
insufficient number of, schools and teachers; and the poor quality
of education. The Committee is concerned that these shortcomings result
in a high rate of illiteracy among girls and women, their low enrolment
rates in primary, secondary, vocational and higher education, in both
urban and rural areas, and in their high drop out rates. The Committee
notes that education is a key to the advancement of women and that
the low level of education of women and girls remains one of the most
serious impediments to their full enjoyment of human rights and the
achievement of women?s empowerment.
159. The Committee urges the State party to increase its investment
in education as a fundamental human right and as a basis for the empowerment
of
women. It recommends that the State party continue and further prioritize
efforts to: improve the literacy level of girls and women; ensure
equal access of
girls and women to all levels of education in both urban and rural
areas; increase the enrolment rates for girls; and take measures to
retain girls in
school, including through temporary special measures in accordance
with article 4, paragraph 1, of the Convention and its general recommendation
25, so as to implement article 10 of the Convention.
160. The Committee expresses concern at the insufficient information
about women's de facto situation in the formal and informal labour
market. In particular,
the Committee lacks a clear picture with regard to women's participation
in the labour force in urban and rural areas, their unemployment rates,
and the effective application of existing labour legislation in the
private sector, the vertical and horizontal labour force segregation
and women?s ability to benefit from new economic opportunities.
161. The Committee urges the State party to ensure equal opportunities
for women and men in the labour market in accordance with article
11 of the
Convention, and the full implementation of the provisions of the General
Labour Law by the public and private sectors, including with regard
to
maternity protection as provided in article 4, paragraph 2 of the
Convention. The Committee urges the State party to intensify its efforts
to ensure that all employment-generation programmes are gender sensitive
and that women can fully benefit from these programmes. It calls on
the State party to provide in its next report detailed information
about the situation of women in the field of employment and work,
about measures taken and their impact on realizing
equal opportunities for women.
162. While welcoming the priority placed by the State party on the
rehabilitation of the health sector, the Committee is concerned about
the poor health infrastructure, which results in women?s lack of access
to health services and their low health status. The Committee is especially
concerned about women?s low life expectancy, high maternal mortality
and morbidity rates, high fertility rates and inadequate family planning
services, low rates of contraceptive use and lack of sex education.
The Committee is also concerned about trends in HIV/AIDS infection
rates of women.
163. The Committee urges the State party to continue its efforts to
improve the country’s health infrastructure. It calls on the
State party to integrate a gender perspective in all health sector
reforms, while also ensuring that women’s sexual and reproductive
health needs are adequately addressed. In particular,
the Committee recommends that the State party undertake appropriate
measures to improve women’s access to health care and health-related
services and information, including access for women who live in rural
areas. It calls on the State party to improve the availability of
sexual and reproductive health
services, including family planning information to reduce maternal
mortality. It also recommends that programmes and policies be adopted
to increase knowledge of and access to affordable contraceptive methods,
so that women and men can make informed choices about the number and
spacing of children. It further recommends that sex education be widely
promoted and targeted at girls and boys, with special attention to
the prevention of early pregnancies and
the control of sexually transmitted diseases and HIV/AIDS. It also
calls on the State party to ensure the effective implementation of
its HIV/AIDS law and
policies.
164. Noting that the majority of women live in the rural areas, the
Committee is concerned that many live in extreme poverty and lack
access to education and vocational training, health care and income-generation
opportunities. It is particularly concerned that the State party?s
rural development strategy does not seem to include attention to the
situation of rural women.
165. The Committee urges the State party to ensure that the rights,
needs and concerns of rural women are given greater attention and
visibility in the
country’s rural rehabilitation and development strategy. It
also calls on the State party to ensure that rural women can participate
fully in decision-making in the formulation and implementation of
policies and programmes in rural areas. It urges the State party to
ensure that rural women and girls have full access to health-care
services, education and vocational training, as well as to income-generation
opportunities.
166. The Committee is concerned that the report did not contain sufficient
sex- disaggregated data in all the areas covered by the Convention.
It is also concerned at the lack of studies to accurately assess the
real situation of women and the impact of past programmes on gender
equality.
167. The Committee requests the State party to provide sex-disaggregated
statistical data and analysis in its next report. It also urges the
State party to include monitoring and assessment mechanisms in all
its policies and programmes so as to be able to assess their impact
on the intended goal and to undertake corrective measures. It requests
the State party to include insights gained from such studies and analysis
in its next report.
168. The Committee encourages the State party to ratify the Optional
Protocol to the Convention and to accept, as soon as possible, the
amendment to article
20, paragraph 1, of the Convention, concerning the meeting time of
the Committee. The Committee requests the State party to respond to
the concerns expressed in its concluding comments in its next periodic
report under article 18 of the Convention.
169. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits and special sessions, such as the special session of the General
Assembly to Review and appraise the implementation of the Programme
of Action of the International Conference on Population and Development
(the twenty-first special session), the special session of the General
Assembly on children (the
twenty-seventh special session), the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance and the
Second World
Assembly on Ageing, the Committee requests the State party to include
information on the implementation of aspects of those documents relating
to relevant articles of the Convention in its next periodic report.
170. The Committee notes that States’ adherence to the seven
major international human rights instruments, i.e. the International
Covenant on Economics, Social and Cultural Rights (CESCR), the International
Covenant on Civil and Political Rights (CCPR), the International Convention
on the Elimination of All Forms of Racial Discrimination (CERD), the
convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), theConvention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT), the Convention on the
Rights of the Child (CRC), and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their
Families (MWC) enhances the enjoyment by women of their human rights
and fundamental freedoms in all aspects of life. Therefore, the Committee
encourages the Government of Angola to consider ratifying the treaties
to which it is not yet a party, i.e. the International Convention
on the Elimination of All Forms of Racial Discrimination (CERD), the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT), and the International Convention on the Protection
of the Rights of All Migrant Workers and Members of their Families
(MWC).
171. The Committee requests the wide dissemination of the present
concluding comments in Angola in order to make the people of Angola,
in particular
government officials, politicians, parliamentarians and women’s
nongovernmental organizations, aware of the steps that have been taken
to ensure
de jure and de facto equality for women and the future steps required
in that regard. It also requests the Government to continue to disseminate
widely, in particular to women’s and human rights organizations,
the Convention and its Optional Protocol, the Committee’s general
recommendations, the Beijing Declaration and Platform for Action and
the results of the twenty-third special session of the General Assembly,
entitled Women 2000: gender equality, development and peace in
the twenty-first century.
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