Summary and Analysis of the 34th session
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), obliges states parties to "pursue by all appropriate means and without delay a policy of eliminating discrimination against women". By affirming the equality of women and men, and demanding state action to ensure the advancement and well-being of women, the Convention shares the goals of Security Council Resolution 1325, and provides a basis for integrating women, peace and security concerns into national institutions and policies.

In its 34th session, the CEDAW committee reviewed the initial and periodic state party reports of 8 nations: Australia, Mali, Cambodia, Eritrea, Venezuela, Thailand, Togo and Macedonia. Key concerns highlighted by the Committee in its deliberations over these reports included the low levels of women’s participation in public and political life and the prevalence of many forms of violence against, and exploitation of women. Recognizing that many of the social and economic challenges faced by women are fundamentally linked to their absence in governance structures, the Committee repeatedly called on the reporting states to implement concrete measures to increase representation of women at local and national decision-making levels, thus echoing the demands of Women, Peace and Security advocates around the world.

The relevance of UNSCR 1325 to the empowerment of women was evident in the Committee's review of the reports of states that have been affected by conflict. In the case of Eritrea, the committee noted that years of conflict in the country had subjected women to violence and displacement but had also created spaces for their participation in non-traditional roles, including as combatants. The committee pointed out that concrete measures were required to preserve and enhance leadership gains made by women in the post-conflict phase.

NGO shadow reports to the Committee remain an important though under-utilized source of information on states’ efforts to implement the convention’s provisions nationally. During the 34th session, NGO reports to the Committee helped focus attention on states' failures in areas such as the protection of women from violence and increasing women's participation in governance and decision-making. A report by Thai Women’s Watch, for example, highlighted the impact of conflict on women in the southern part of Thailand and urged the government to recognize and support women’s initiatives in peacebuilding. Similarly, a report on Togo by the International Federation on Human Rights, called attention to the impact of the country’s political instability on the safety and security of women.

Peace is a critical prerequisite for the full enjoyment of human rights, and the empowerment of women is integral to the attainment of sustainable peace and development. Statements made by CEDAW committee experts, government representatives and civil society throughout the 34th session demonstrated a recognition of the need for increased women's participation in decision-making, including decision-making in conflict resolution and peace processes, as called for in SCR 1325. In that regard, greater integration of women, peace and security perspectives into the reporting of CEDAW states parties, as well as in the deliberations of the CEDAW Committee, would help to contribute to the goal of advancing women’s rights and enhancing their participation in all aspects of national life.

*The following reports were prepared by the PeaceWomen team of Golnar Bahar, Rebecca Chiarelli, Vicky Rodriguez, Anjalina Sen, Kaarin Vaaron and Binqing Zheng and Gillian Gilgool Esq. of the WILPF Philadelphia Branch .


State Party report: Togo
Combined initial, second, third, fourth and fifth report
UN headquarters, New York, January 18th 2006

The CEDAW committee considered Togo’s combined initial, second, third, fourth, and fifth periodic reports on 18th January 2006. The Togolese Delegation was comprised of five men and four women and was led by the female Minister of Population. It also included the Gender Equality advisor to the Prime Minister, the Director of the Human Rights Ministry and the Human Rights legal Advisor. The primary topics discussed were the Family Code, Togo’s domestic law, human rights, and the equality and advancement of women.

NGO concerns
NGO Reports on Togo’s implementation of the Convention for the Elimination of Discrimination Against Women were presented on January 16, 2006.

The International Federation for Human Rights (IFHR) reported that Togo has recently been marked by a violent political transition, which has worsened the already precarious situation of women in the country. It has been established that there were four hundred deaths and thousands hurt during the political violence, but there were no statistics provided on the number of women killed or injured. The NGO called for a UN High level mission to the country in order to raise awareness and seek solutions to this crisis. Such a mission would require both financial and logistical support from the international community.

The NGO representatives further stated that despite the ratification of CEDAW, the status of women in Togo is low and women continue to be victims of discrimination and inequality. There are no national legal instruments in place to ensure the protection of women’s rights. Further more than seventy percent of women are illiterate, which inhibits access to education and employment.

Other areas of concern highlighted included violence against women and the low political participation rates of women in Togo. It was noted that women are suffering from the shortcomings of the law with respect to violence against women. Women are also are under-represented in political and decision-making positions, although they have proved very effective in public positions. In response to questions posed by the CEDAW Committee about the government’s response to violence, the NGO representative noted that impunity for violence was prevalent and international cooperation is needed to assist the government in ensuring justice and upholding women’s rights.

Women, Peace, and Security Analysis
The Togolese delegation acknowledged the importance of increased representation of women at all decision- making levels in both national and local institutions. It attributed the low percentage of women in the country's governance structures mainly to lack of education and lack of confidence among women with regard to their own abilities. The delegation stated that the government is making efforts to implement policies toward increasing women’s participation in public and political life. There was no reference to UN Security Council Resolution 1325 during these deliberations.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

Articles 1-6
How do you plan to follow up the recommendations to be given by the CEDAW Committee? When will you be disseminating the results of this meeting to legal bodies? Would you share these with the NGOs? What are the Togolese Govt. plans to involve civil society organizations in the implementation of the CEDAW? Is the Togolese govt. going to strengthen its relationship with, and increase the number of NGOs and human rights organizations in Togo?

The Togolese government is very involved with NGOS as indicated in its state party report to the Committee. To ensure implementation of CEDAW, the Prime Minister’s office will channel gender policies into specific strategies and action plans by the end of January 2006.

What are the specific measures to be taken in the revision of the family code? Do women have to go to court directly to seek redress for abuses?

In December 2005 a workshop was held to consider changes to the family/personal code and the proposed amendments will become part of a new family law that is being drafted along the lines of CEDAW. On the question of women’s access to the justice system, a new mechanism is being piloted through which women’s complaints can be heard. Modernization of the justice system has just started to take place and is due to be completed by 2010. In addition, the Family code is to be activated in 2006.

What is the judicial educational content? What are the mechanisms to implement respect for women’s rights? What are the legal actions that can be taken to harmonize the national legal system with CEDAW?

Workshops have been held to train Judges to ensure harmonization of domestic law with CEDAW recommendations as required under articles 50 and 140 of the Togolese constitution. Constitutional provisions are self-executing and Article 140 makes international human rights provisions part of the constitution. CEDAW prevails over domestic law because CEDAW came after domestic law.

In relation to progress made in 12 critical areas identified in the state’s first CEDAW report of 1994/95:
- a database has been prepared on women that are public employees (or that hold public office);
- the promotion of gender equality is being done through a diagnostic study in order to pin-point where more effort is needed;
- in the field of education, the govt. is running programs with positive discrimination in order to enroll more girls in the schools, and to lengthen their time in the schools.
- A workshop that targets the promotion of gender equality will be held in January.

How does the government intend to breach the gap between policy and practice regarding customary/traditional practices that perpetuate gender inequality?

In order to breach the gap between policy and practice, the government has recognized that ordinary citizens and religious leaders need be educated in relation to women’s rights. Strategies are being implemented in collaboration with civil society and the media, to raise public awareness on the problem of gender inequality. Laws concerning the trafficking of children, force labor and sexual exploitation have been submitted to the National Assembly and a legal framework has been established to institutionalize gender mainstreaming, including at the ministerial level. Gender focal points will soon be placed within every ministry to help carry out a gender mainstreaming strategy.

Articles 7 -9
Women are under-represented in politics and public life. What are the main obstacles for women’s participation in public political life? What are the specific steps to be taken in this respect? What has the government done in terms of women’s representation at the local level?

In reference to the National Electoral Commission, what has the govt. done in terms of women’s voting practices? What are the obstacles to women’s political participation? Has a study being done in relation to this?

A major problem in determining the status of women is lack of current data. There will soon be a census performed by the Ministry of Population in collaboration with the department of Women’s Affairs.

There are a limited number of women participating in political life. Since 1994 there have been advances in the quantity and quality of such participation, For example, there are women active in the Ministries of Tourism, Agriculture, Human Rights, Health, and Foreign Affairs.

In the local communities there are some women as presidents of district development projects, and similar bodies. Recently, a woman was named as president of a large bank. There is however still fear among many women due to the austere (male-dominated) political environment. Women also suffer from a lack of political education and lack of confidence.

There is no discrimination against women in relation to the right to vote. Their tendency is not to vote, though. More men tend to vote than women. There have not been local elections in Togo for years; but local political participation of women is observed through village and district development committees.

The government is conducting gender studies and a gender strategic plan in Togo and trying to get external partners involved in the integration of gender and development in 4 key areas: the production sector (agriculture, fishing, cattle breeding); support services: (water, energy); social services: (education, health); and governance (management and decision-making, citizenship, violence against women).

Articles 12 -14
Are contraceptives easily accessible? Is affordable family planning available?
Do you have any specific measures for addressing female HIV-AIDS incidence? What is the proportion of the health budget allocated to population control? Are pregnant adolescents being protected?

In general, due to biological reasons, women are more likely to be infected by HIV all over the world, not just in Togo .
Women will have more access to health care through the health code enacted recently but Maternal mortality is still very high and rural women have more difficulty in accessing health facilities. There is awareness that the health coverage in the rural areas is not adequate. About 80% of health care centers have family planning centers.

Non-therapeutic abortion is prohibited but therapeutic abortion is allowed. A woman has no right to get an abortion if there isn’t a medical reason for it.

What are the actions taken by the govt. to enlarge the scope of CEDAW in the rural areas? Is there specific data/plans for poverty eradication?

To what extent is the development ministry getting involved with international organizations and bilateral donors to address the rural situation for women? What are your economic, social, agriculture policies regarding women?

What percentage of debt pardoned to Togo has been apportioned to women’s development activities?

There are media campaigns that disseminate information on women’s rights as outlined in CEDAW. There are also legal experts that explain rural women's rights. Statistics are very poor; but an awareness campaign is coming very soon.

Almost half of the budget is allocated to the physical infrastructure of the country and the building of schools is increasing.
Togo is not one of the 18 countries freed from foreign debt by the G-8.

Articles 15 -16
What is being done to protect the inheritance rights of women with respect to land? In Togo, the customary law usually determines the outcome of inheritance, and often, the husband’s family inherits the family property, not the wife.

A lot of progress had taken place in Togo. The family code is currently under reform to remove 24 provisions that have been found to be discriminatory towards women.

Is the govt. going to conduct a campaign to discourage polygamy? Many Togolese women are ignorant of their rights and need to be informed about the proposed amendments in the Family Code, for instance, to allow spouses to select the regime of monogamy or polygamy. Is the minimum age of marriage going to be changed?

There are no provisions to abolish polygamy and no campaigns either. It takes time to get rid of such practice but the new proposed family code has involved consulation with a wide set of actors, including the judiciary, members of civil society and women’s groups. The main problem is to ensure its acceptance and to encourage this, the government is working with civil society organizations.With regard to marriage age, 18 is the age when males and females can contract matrimony.

Chairperson’s concluding Remarks:
The chairperson commended the government of Togo on its effort in promoting gender equality, but noted that much more needed to be done. She noted that the Togolese family code aims to end all discrimination against women. However, there were still a low percentage of women participating in Togo’s public political life. There is still more discrimination against women in areas such as inheritance rights, and the right to own land. She urged Togo to integrate its domestic laws with CEDAW and take concrete measures are needed to eliminate customary laws harmful to women. She further recommended that the Togolese government cooperate more with UN agencies and other external actors and strengthen partnerships with local NGOs and women’s organizations. She hoped to see more cooperation between Togo and these parties in the future.

Resources
For Togo’s CEDAW State Party Report, please click here

For the CEDAW Committee's Concluding Comments on Togo’s report, please click here

The NGO report on Togo's implementation of CEDAW (in French) can be viewed at:
http://www.iwraw-ap.org/resources/pdf/Togo2005.pdf

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State Party report: Cambodia
Combined initial, second and third report
UN headquarters, New York, January 19th 2006

The combined initial, second and third Cambodian report to the CEDAW committee was presented by the Cambodian government delegation led by the Minister of Women’s affairs. The major topics discussed in the meeting were impact of customary laws on women's rights and the status of CEDAW in the country. The delegation expressed commitment to the advancement of women, but acknowledged that there is much to be done to ensure full implementation of the convention.

Women, Peace and Security analysis
Much of the discussion in the session was about women’s equal access to political power. The committee experts posed questions about what Cambodia is planning to do in order to give women an equal chance to participate in the judicial system, the government and at the local level. The Committee also stressed the importance of measures such as quotas and policies that would guarantee the equal participation of women in decision-making. There was no reference to Security Council Resolution 1325.

NGO Concerns
The NGO Committee on CEDAW and the Cambodian Committee of Women (CAMBOW) presented shadow reports on Cambodia’s implementation of CEDAW on January 16, 2006.

Rape was stated to be one of the most serious crimes in Cambodia as well as one of the least recognized. Rape that occurs inside of marriage is not considered a crime. Sometimes, the families of rape victims force them to marry their rapists. There is a deeply embedded cultural and social value in Cambodia that a woman who has lost her virginity is unclean and a source of shame for her family. It was noted that systematic discrimination against women in Cambodia manifests itself in the following areas:

• Access to land and natural resources;
• the impact of government trade policies;
• Migration - work available only in unskilled, informal job sector
• lack of women’s political representation

It was further noted that due to the absence of institutional mechanisms under executive power, women’s participation in public life has been very limited.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

Articles 1 and 2
Have there been any discussions regarding indirect discrimination against women as a source of inequality between the sexes? Does the criminal law address gender discrimination? Can you offer some details about the measures you have taken against domestic violence? Will there be any information campaigns about the new law on domestic violence? Are the people working within the judicial system being informed and educated on the new law? Will there be special emphasis on educating the men about this issue?

Has there been any review of the already existing domestic laws, to sort out which are not in accordance with CEDAW? How have you planned to make it easier for women to claim their rights according to the convention? What is the status of CEDAW in the domestic law of your country? Are CEDAW and other international conventions and agreements directly applicable in court?

All domestic laws are supposed to agree with the constitution and the constitution takes international law and agreements into account. There is ongoing monitoring of the implementation of domestic laws, and the Ministry of women’s affairs reviews the laws from a gender sensitive perspective.

Regarding the new law on domestic violence, a nation-wide campaign is planned to educate and raise awareness, both with the public and also with judges, prosecutors, police officers and others. Law studies also include an understanding of the new law on domestic violence. However first time offenders in domestic violence will be given a second chance to better themselves, in order to not split up families.

Indirect discrimination against women does not incur any sanctions in the criminal code, but there are ongoing negotiations about these issues, and the gender policy of the country states that the Ministry is obliged to inquire into such matters. The Ministry of women’s affairs and NGOs have received complaints from women who have been discriminated against, and they can go to court with these matters on the behalf of the women.

Articles 3 - 5
There is very little data in the state party report about gender mainstreaming and the implementation of CEDAW in various national action plans. What have you learned from the gender mainstreaming? Which government body is directly responsible for the gender mainstreaming?

Are the special needs of women from minority groups such as disabled women and women from ethnic minorities taken into account?

The Cambodian government has only had a gender equality policy since 2000. The policy has not yet had much effect because it was not at the decision making level until 2004, when groups were formed within each ministry to work on gender mainstreaming in governmental action plans.

The involvement of NGOs and international organizations is very important for the path to equality. The role of these bodies is to mobilize resource, teach, give advise, monitor and help identify the obstacles to gender equality.

Regarding women with special needs: the government has, because of scarcity of resources in the budget, been forced to focus on women in general when making gender equality plans. However, this issue has been taken into consideration and measures will be taken to see to the special needs of this group of women too.

The country’s traditional moral codes and codes of conduct (taught in schools) preserve gender stereotypes. Is there awareness of the fact that the existence of these stereotypes contributes to direct and indirect discrimination of women?

The legal system consists mostly of men. Who appoints the judges? What measures are taken in order to clean up the corruption in the legal system? Any measures to include women in the judicial system?

The government has established a rape unit. What is this unit able to do in order to help victims of rape? Is rape within marriage (domestic rape) a punishable act? Is the rape unit involved in training people who work in the judicial system about rape?

The code of conduct is about national identity, and is not fixed. It is flexible to the needs of a new society. Schoolbooks are being reviewed to remove stereotypical gender roles. In the rural areas, where illiteracy is high, awareness of gender perspectives is being taught through drama.

Reform of the judicial system is needed in order to clean up corruption. Measures such as positive discrimination and scholarships to women, are being created to recruit women as judges and police officers. Female police officers that are qualified to deal with rape victims are particularly desired.

Questions on articles 7 and 8:
The percentage of women senators is just 9.8 %. In addition, 90% of political positions in the government are held by men. Are there any measures in place in order to raise the percentage of women in these political positions? Have you looked into why women are not being elected? Do you have any plans to use the allocation of quotas in order to empower women in political life?

What are the attitudes of the male population towards gender mainstreaming? Is education of men about gender equality a part of the national action plan? Gender issues are often understood as “women’s issues”, and gender awareness among the male population is lacking.

Awareness raising campaigns have been very helpful, but there is still a long way to go in order to involve the male population in gender issues. A law on allocation of quotas in political party lists and public administration is planned. But the general public doesn’t support this method, which makes it much harder to make it work.

Questions on Articles 11 -14
On the migration of Cambodian women, what is the labor migration policy of your government? Do you keep track of what happens to the young women that migrate to Thailand? Is there any data of how many of them end up in brothels? Is there any data about the link between migration and trafficking? Are the traffickers being prosecuted under Cambodian law?

The government has no labor migration policy, but this is in discussion with the different ministries, specially regarding migrant women’s situation. An inspection channel within the ministry of labor is monitoring the situation.

How big are the wage gaps between men and women in Cambodia? Is your government following the ILO standards regarding to wages? Women work mostly in the informal sector, is that included in the statistics? Does the labor code guarantee equal opportunity between men and women? Are women properly informed about their rights and opportunities regarding work? How are you planning to eliminate the occupational segregation between men and women?

The Ministry of labor is inspecting existing wage gaps. There is also data that shows that the wage gaps in the private sector are very often because of the fact that women are not as qualified as men. The statistics are however limited to the formal economy, so the women who work in the informal economy are not included.

What are the measures used in order to guarantee rural women’s participation in political life? What is the situation of ownership of land for the women who are heads of household? Many rural women make the living on their land, and if they lose that they have nothing to live on. Is women’s right to land ownership respected by men? Are there any measures taken in order to guarantee this right?

Rural women have very limited access to information. Are there any concrete plans for awareness raising among the rural population? Has your ministry addressed the structural causes of poverty, for example through anti-poverty programs and social security programs for the poor?

Some of these questions are not easy to answer because there are not much data about these issues.

In order to help rural women, there is a micro credit system with equal access for men and women. The land owning law has proved not to be very effective in the rural areas, because land is a sensitive issue. Many pieces of land have become issues of conflict over who actually owns them. There is no social security program for the poor, but there has been co-operation with NGOs at the community level.

Questions on Articles 15 -16
Does the new law on domestic violence also protect ex-wives from violence? Must victims file a divorce before getting protection under this law? Is polygamy a felony under Cambodian law? If so, what is the punishment for a polygamous marriage or relationship?

Regarding marriage and family: the age limit for marriage is different for women and men (18 for women, 20 for men). This must change so that it’s the same limit for all. How is the government enforcing its prohibition on forced and early marriages? There doesn’t seem to be anyone who has been prosecuted for this.

Do women know about what their rights are under the family code? The information doesn’t seem to have been very well spread, which means that women don’t exercise their rights. What is the government doing in order to educate the population on this issue?

The domestic violence law applies to all who live under the same roof, no matter the gender and relationship. This means that if the ex-wife lives under the same roof as the perpetrator, this law will protect her. Otherwise, she is not protected by it. Under the new Cambodian penal code, polygamous relationships can be punished with fines.

The law that stated the different age limits for women and men was adopted in 1989. However, there is a new law that settles the age limit as the same for men and women.

Concluding remarks from the Chairperson
The changes that have been made in Cambodia are in the right direction, but should be broadened to include more people. The ongoing dialogue will hopefully contribute to advocacy efforts and help Cambodia get the needed financial help to ensure the advancement of women.

Resources
For Cambodia’s State Party Report click here

For the CEDAW Committee's Concluding Comments click here

The NGO Committee on CEDAW and the Cambodian Committee of Women’s shadow report can be viewed at :
http://www.iwraw-ap.org/resources/pdf/Cambodia2005.pdf

Official UN Press release:
http://www.un.org/News/Press/docs/2006/wom1530.doc.htm

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State Party Report: Thailand
Combined 4th and 5th Periodic Reports
United Nations Headquarters, New York, 20 January 2006

Thailand’s combined 4th and 5th Periodic Reports was presented on 20th January 2006. The Thai delegation, evenly comprised of men and women (and led by the male Minister of social development and human security), consisted of representatives from most of the main ministries of the Royal Thai government. The tone of the delegation from Thailand was a collaborative yet formal one. Throughout the session, there were several comments made by the expert panel which were accepted as constructive recommendations for the delegation to bring back to their government.

Women, Peace and Security Analysis
Thailand has taken many steps to codify laws that will help establish equality as well as criminalize many forms of violence against women, such as domestic violence and the trafficking and prostitution of women and girls. It has also entered into bilateral and regional MOUs (memoranda of understanding) to tackle the transnational problem of trafficking. However, social practice and custom still presents a real life barrier to the substantive advancement of women. In addition, Thailand still lags behind in translating their international obligations into the national body of law. There has yet to be active analysis and use of Resolution 1325 in the national agenda.

According to the government’s assessment of current conditions, trafficking continues to be a pan-national issue. In terms of women’s political participation, the government hopes to encourage participation with a law raising the mandatory percentage of women in government. More refugees are being given rights. There are more laws to protect women workers from discrimination. “Diseases such as pregnancy and HIV/AIDS” receive more treatment and healthcare options. His Excellency, the head of the delegation concluded by pointing out that “The number of high-ranking women in the delegation speaks for itself.”

NGO concerns
Thailand’s NGO Report on The Convention on the Elimination of All Forms of Discrimination Against Women, prepared by the CEDAW NGO Report Working Group and Thai Women Watch (TW2), was presented on January 16, 2006.

It was stated that many women in Thailand are still trafficked, despite the provisions set out in CEDAW. Many of those who are trafficked have no access to the criminal justice system. Economic insecurity and the economic need to migrate are factors that push women into trafficking.

The representative from the Foundation for Women (FFW) stated that women were seriously affected by the Tsunami. Many lost their husbands and are now left with no way to raise their children and migrant women workers are particularly discriminated against. There is an urgent need to address the specific needs of women in Tsunami relief work.

Violence against women in Thailand was also discussed. The root cause of violence was attributed to family law. The Thai government was urged to adopt an amendment that will make marital rape a crime. The Thai government was also urged to strengthen national women’s machinery, gender sensitive health care and affirmative action for political and public administration.

Thailand’s NGO representatives welcomed the recommendation of the NRC (National Research of Council of Thailand) to use the community as a means to resolve conflict. The Government was also encouraged to allow women to partake in peace-building processes.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

Articles 1 -3
How is discrimination defined? What about unintended discrimination? Are there any court decisions that articulate what discrimination is? Are there any development plans based on a definition? Within anti-discrimination laws there is a need to recognize unintended discrimination. What is the Royal government of Thailand doing to further the social acceptance of equality? What programs would help? What about implementation and monitoring methods?

The legal options against discrimination are broader as most cases go to labor court or to the ombudsman. From 2000 to 2004 9,000 cases were submitted to the labor courts, of which 7,000 were chosen for review. Of the 7,000 cases reviewed, 2,000 cases were gender-based. An example of the type of cases was the challenge to the surname law. Prior to its amendment, the surname law required a woman to take her husband’s name. In addition, the constitutional court amended the Constitution to guarantee equality. They have also taken temporary special measures so that women now sit on the village funds administration councils. They are trying to move towards equal judgment from men and women. The Bureau of Women’s Affairs’ status is much higher. The budget is larger and the Bureau has more of an impact than before.

Articles 4 through 6
With respect to traditions and customs, specifically addressing women’s sexual obligations in marriage, there is currently no recognition of marital rape in the penal code. Rape is currently defined as a man having sex with a woman who is not his wife, which eliminates consent. What is the government doing to counter these traditions and customs?

Marital rape is a very difficult problem in Thai society. In draft law it was addressed but then strongly objected to in council and subsequently deadlocked because of the argument that the law compromised the family by criminalizing marital rape. They are attempting to find a middle ground by stating circumstances under which a “reasonable man wouldn’t force” sex, such as when the wife is ill or the husband has an STD.

Thailand is recognized as both a destination and transit point for trafficking. The problem stems from poverty and vulnerable border populations. Almost half of trafficked persons end up in the sex trade, and most are under 18. Indeed Thailand has a worldwide reputation for sex tourism, and thus far the government’s steps to curb sex tourism have been unsuccessful. What policies does the government plan to use to stop sex tourism? And what about corrupt public officials; what steps are being taken to stop them?

There is a broad range of measures being taken to combat trafficking. We have what we call the four Ps: policy and cooperation, prevention (which addresses poverty eradication and education campaigns), prosecution (a new anti-trafficking law is coming into effect in 2006, it is currently in Cabinet), and protection, which includes a comprehensive system to address education, reintegration, recovery and assistance. They also have capacity-building programs. They recently approved a USD $500k special fund for anti-trafficking initiatives. The fund will go to NGOs who propose anti-trafficking projects. Trafficking is a transnational problem. They have made progress at the international level, signing a bilateral MOU with Cambodia and Lao and currently negotiating one with Vietnam. As part of this there are joint projects of repatriation and resettlement of trafficked peoples. At the sub-regional level, they have signed an MOU on preventive measures, law enforcement, and prosecution. In early 2005, there were also sub-regional trainings. Reducing economic disparities helps to ameliorate the root causes of trafficking.

Regarding corruption, authorities recognize that this is a problem. The question becomes more complex when hill tribes are involved, so authorities are trying to address their need for citizenship. Also, the Prime Minister has announced that he will attack corruption directly.

In terms of domestic violence, traditional attitudes regard women as subordinate. Thailand needs to undertake a rights-based approach. Was the UN definition of domestic violence used in the draft law? Also, the expert recommends that the government iron out the difference between a domestic violence offense, which is punishable by a 6-month sentence, and the similar public violent offense, which is punishable by a 2-year sentence.

The domestic violence draft law attempts to do several things. One, it tries to help rescue the person from the violence. Two, it aims not to merely punish, but to rehabilitate the perpetrator. Third, the perpetrators are normally the breadwinners, so it is not useful to the family for them to be incarcerated. Lastly, the draft law tries to ensure self-determination by the victim, so it tries to let them decide. Currently, civil society provides emergency homes, but the new law allows the victim to stay in the home and an order of protection is issued to abusers.

Thailand is an early ratifier of the optional protocol, but currently Thai NGOs must exhaust all local opportunities to make a complaint before bringing it to a treaty body- how much awareness of this is there?

The optional protocol and CEDAW are still becoming part of a reformed domestic law. Courts still need to use domestic law, but they interpret domestic law according to their international obligations. No woman’s case has been resolved by international instruments, so they must be resolved with internal laws.

Do the new draft gender laws make temporary special measures permanent? The expert also commented that the combination of Family and Women’s Affairs can reinforce stereotypes about women.

The bureaus are joined but the foci are separate. Only in certain cases do they work together, so they don’t feel that it weakens Women’s Affairs.

What is the fundamental attitude of Thais as being perceived as the sex center of the world? Is there political will to get rid of the sex industry? How would that affect the Thai economy?

The Stereotype of Thailand as a sex center is a hotly debated issue. Tourism as only sex tourism is a fallacy. Ecotourism, the richness of nature and the diversity of culture are the focus of new policies.

Articles 7 through 9
Political and public participation of women is an area where Thailand needs a lot of work. Data is lacking, there is incorrect information that needs to be proved. For example, the government report says that there are more women voters than men. This is a statistical distortion; we need the percentage out of eligible voters because there are more women than men. Also, within the reports are conflicting figures and data discrepancies. The expert commented that Thailand needs to implement gender policies in political parties; they need to set a yearly target for women on the national committee and special temporary measures.

The government thanked the expert for the recommendation about party lists. They will also take the comments on statistics seriously. A new publication with the latest data of women’s participation is to be released in April 2006. The number of women in the diplomatic service is 511, while there are 540 men. From 2002 to 2004 more women entered the diplomatic service than men. At the higher levels there is still a large gap, but as the younger generation moves up the gap will narrow. Postings abroad have become more common for women. There has been a lot of change in the last 15 years. Men’s attitudes have changed and they now encourage their wives to be posted abroad, this marks deeper societal change.

What about the discrimination against women in the case of citizenship and nationality: when foreign women marry Thai men, they automatically get citizenship, whereas when foreign men marry Thai women they are only eligible for citizenship after 5 years? Are there plans to fix this discrepancy?

There was an attempt to change this law in 1996 but the resolution was objected to based on security reasons. However, the nationality of any children resulting from such unions will be Thai.

Articles 10 through 14
Thailand is aspiring to be an Asian power. Is the human capital of Thailand ready for this- both health-wise and education-wise? The expert requested additional information on the differences between the education of girls and boys. In the health plan for 2002 to 2006 what happens to the 20% of the population without citizenship who have no access to healthcare? What are the provisions for sexual health in the plan? Are there any programs to better sexual and maternal health and family planning? What about abortion?

There are more women who are studying. Many of the students that receive scholarships are women. The rate of enrollment of girls versus boys is getting better and better because of temporary special measures and other interventions by the government. Thailand is still in the process of developing a legal framework that catches up to society.

Articles 15 and 16
The laws against statutory rape are not consistent. For example, there are cases where sex with girls between the ages of 13 and 15 is condoned when the perpetrator marries the statutory rape victim. Why is this so?

Is the government working to lift the reservations on article 16 of CEDAW?

In southern Thailand, where the Muslim population resides, Islamic law is taken into account. In Islamic law, marriage is allowed when girls attain puberty, so they must allow it, especially in the case that the families compromise and agree to marry the girl to the man, or if a pregnancy is involved. The Muslim population is about 5-6% of the total population, in certain rural areas it is up to 80% Muslim.

The government is moving towards removing the reservations on article 16. The only problem is paragraph C, which is currently not in line with the domestic family law.

Recommendations of the Chair
The chair did not make any recommendations orally at the conclusion of the session. Rather, she chose to sum up the three focal points of the substantive dialogue as being the issues of violence against women, the trafficking and prostitution of women and girls, and the Thai cultural attitude towards women in society.

Resources
For Thai State party Report, click here

For the Concluding comments of the CEDAW committee click here

For the NGO Alternative Report on the Implementation of CEDAW, please see:
http://www.iwraw-ap.org/resources/pdf/Thailand2005.pdf

Official UN Press release:
http://www.un.org/News/Press/docs/2006/wom1531.doc.htm

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State Party report: Eritrea
Combined initial, second and third report
UN headquarters, New York, January 24th 2006

The Eritrean government presented its combined initial second and third report on its implementation of CEDAW on 24th January 2006. The Eritrean delegation was led by the chair of the National Union of Eritrean Women (NUEW), a former NGO that is now the governmental body that is responsible for women’s issues in Eritrea. The delegation also included members of the Permanent mission of Eritrea to the United Nations, members of the NUEW and representatives of the Eritrean embassy in the United States. The main topics of discussion were the structure of governmental bodies, the role of customs and tradition in Eritrean society, and the impact of conflict on women’s rights.

Women, Peace and Security Analysis
Although UN Security Council Resolution 1325 was not specifically referred to during the meeting, the discussion focused on Eritrea's experience with conflict, and they ways in which this has affected women. The delegation’s report to the Committee highlighted the displacement of a significant portion of the country’s population and the hardships inflicted upon Eritrea’s people by the border conflict with Ethiopia. It was noted that this was a real and present impediment in Eritrea’s efforts to promote the cause of women because the conflicts had subjected women to violence, rape and displacement. But the Eritrean delegation also spoke about women’s participation as combatants in the country’s liberation struggle, and recognized that this had created spaces for women’s participation in non-traditional roles. The committee experts pointed out that concrete measures were required to preserve and enhance such leadership gains in the post-conflict phase. The committee members also asked a number of questions about the participation of women in decision making, both at the national and local level.

There was no NGO report presented to the Committee on Eritrea’s implementation of CEDAW.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

Articles 1 & 2
The state party report says that the government is going to include CEDAW in the national laws by 2007. What does this mean in practice? Is the judiciary aware of the convention, and have there been any training programs of judges and prosecutors about this? Have you considered signing the optional protocol of CEDAW? What is the status of the convention in relationship to the domestic laws?

Since Eritrea is a young nation that has recently gone through two devastating wars, the national machinery had a lot of problems due to scarcity of reliable data. However, the government is working on improving this situation and will be able to present more accurate data in the next periodic report.

There is no law against female genital mutilation (FGM) in Eritrea, and this goes against the basic spirit of CEDAW. There is draft law that will prohibit FGM; when has the government planned to complete its consideration on this? In order for the laws to effectively ensure the advancement of women, they cannot be gender impartial, they have to be gender specific. Has there been any review of the customary laws, in order to point out which laws are discriminatory against women? What status does the customary laws have in the national courts?

The government of Eritrea agrees that FGM is against Human Rights, and is working against it, but it is very hard to make it disappear because it is so deep rooted in the culture. The government feels that making FGM a punishable act at this stage would just move the practice underground, which would make healthcare possibilities unavailable for the victims. The way the government would prefer to deal with this issue is through educating the public about the dangers of FGM. The law against FGM is being discussed on different levels. Much is being done to raise awareness about the issue, and the work will be completed in one to two years.

Please clarify how the government machinery for gender issues works. Which government body has the authority to revise and modify laws? How is the government planning to harmonize the national laws to international laws?
The definition of discrimination in the constitution does not explicitly state the equality between men and women. What is the government’s understanding of the definition of discrimination? Has the government any plans on embodying CEDAW’s definition of discrimination? Are there any sanctions against gender discriminatory acts?

The government is in the process of reviewing and revising the discriminatory laws enacted during colonial times, and also harmonizing the national laws of Eritrea with international laws. This process will hopefully be done by 2007. The government is committed to gender equality, as it recognizes it as a requirement for the development of the country. However, the implementation of Human Rights should be expected to take time.

A large part of the population uses the Sharia family laws, which are not exactly compatible with the national laws on marriage and family. This means that even though the age limit for marriage is 18, under-aged marriages still occur. In the rural areas where many people are illiterate, many girls don’t have birth certificates and people simply witness that the girls are 18, even though they might be younger. The government is hoping that awareness-raising campaigns will educate and change attitudes. The social context needs to be taken into concern when discussing these issues, and the customary and traditional laws are very deeply rooted in the society.

What is the role of women in peace-making in Eritrea? Is there any data or studies on this issue? The UN promotes women in peace processes; does the government of Eritrea follow the UN recommendations? Are any industrialized western countries co-operating with the government for the advancement of Eritrean women?

The country has been in war for the last 30 years, and this means that the women of Eritrea have had to be self-reliant. Eritrean women were part of the liberation movement, and fought side by side with their male counterparts. Women in Eritrea are not pacifists per se. Fighting for what is best for Eritrean women is an issue of national pride and identity. We have to work for a just peace, and if it would come to war once again, we would all fight for our country.

The international community was of no help until the second wave of war when the UN and the African Union stepped in. The border conflict with Ethiopia has been a major setback for development. As a result of the conflict, over half a million Eritreans have become internally displaced persons.

Questions on Article 3
What is the role of theNational Union of Eritrean Women (NUEW)? It was first an NGO, but is it now a governmental body? The responsibility of reporting to CEDAW should be fall on a governmental body and not an NGO. How does the structure of the NUEW look ? Are there other NGOs in the country that are involved in gender discussions?

The NUEW is both an NGO and National machinery. It works as a catalyst; lobbying, reviewing the work of the government, reporting, educating etc. The NUEW provides a gender perspective to the work of the government. However, the responsibility of implementing gender equality lies with the government itself, and not with NUEW. The gender policy was an initiative of the NUEW, but was presented to the government.

Which government bodies are responsible for implementing the Beijing plan of action? Which parts of the government machinery is involved in the gender mainstreaming plans? Has the report been discussed in the cabinet? The process of gender mainstreaming needs analysis, how are you planning to do that without accurate data available?

Although the country’s ministers are responsible for implementing gender mainstreaming, NUEW works as a women’s mechanism, examining gender policies from the Government’s perspective, identifying gaps and shortcomings. NUEW is trying to define the different obstacles to gender equality in Eritrea and trying to change practices. For example land ownership practices were defined as discriminatory against women. NUEW challenged this practice and this has now changed. The NUEW is continuously challenging discriminatory practices.

Eritrea is working on making a gender perspective institutionalized; there are plans of starting a gender research center and to later make it a part of the university. Efforts are also being made to gather sex-disaggregated statistical data, with assistance from the United Nations.

Questions on Article 5
The participation of women in the fight for Eritrea’s freedom is to be commended, but in order to gain true freedom, there also needs to be a fight for women’s freedom within the country. Is Eritrea prepared to change the traditional stereotypes that still exist and that keep women in an inferior position? There is also need to challenge the men in Eritrea on issues of FGM and marriage, since the patriarchal structures benefit all men in society. Are there any plans on deconstructing this patriarchy? Laws should be put in place to prevent discriminatory practices in the country.

Traditional stereotypes are a reality in Eritrea, but the women are now able to at least stand up for themselves and speak for their rights. There is a draft of a law against FGM that is in process of discussion. The men are being educated about these issues, for example the elderly religious leaders. Church leaders officially disagree with the practice of FGM. This will lead to a change of attitude within the population.

It is required by all citizens to participate in the national service, but women seem to be able to be exempted for the purpose of marriage. Has this practice and it’s impact been studied? Is there any information about violence against women in the national service?

It is true that women can escape participation in the national service in case of marriage. The government does not force for example, rural women to participate. However the government tries to encourage them to do so.

When the country was in the midst of its fight for liberation, the women were encouraged to participate and the traditional gender roles were less obvious. However, this has changed since then. Women often assert themselves during revolutionary phases and challenged their traditional roles, but may be forced to return to traditional roles after conflict ends. Eritrea must ensure that this does not happen because sexist views still exist in the country. In regard to this, education and awareness raising programs are very important, but still one cannot wait until those programs have changed the attitudes. Laws must be put in place in order to eliminate the discrimination against women.

Hindrances to gender equality remain and the government is trying to develop different strategies to solve the challenges it faces. NUEW is attempting to assess women’s participation in Parliament and to change attitudes and stereotypes about women.

Article 6
The section on prostitution in the state report should be commended, because it sees prostitution as exploitation of women, and not women as voluntary “sex workers”. This idea should be taught to western industrialized countries. Are there programs to help women exit prostitution in Eritrea. How do you proceed with these programs? Have you had any experience of problems with trafficking in Eritrea?

There are no indications that there are big problems with trafficking in Eritrea. The greater issue is women who work abroad. Many Eritrean women were displaced after the wars, and keeping them safe is a big problem. Almost one third of the population fled the country because of the war.

Prostitution is not very widespread, but we are trying to make it as minimal as possible. We acknowledge that women do not become prostitutes of their own will, but are rather forced both physically and because of social circumstances. Many women are drawn into prostitution because they are poor and have to support their families. There are exit programs aimed at giving women other career options and try to keep them away from prostitution.

Articles 7 and 8
It is very important to promote women in the political and public life. The political participation of women is still very low. For example, the percentage of women in the government is only 5%. The participation of women in international affairs is also low. Why is the government not using the quotas system in order to make women’s participation in the political life easier? What is being done in order to guarantee more women in power positions?

The representation of women in international posts is low, and the government is aware that it must become higher. Women are encouraged to be in government service. For example, women can participate without much insistence on their academic background. In this way, it is easier for women to hold power positions within the government.

Women also get the chance to improve their level of education, and positive discrimination is used. The government acknowledges though that this is not enough, and that allocation of quotas is needed.

Article 11-14
Some issues, like family planning and FGM, need to be solved on a regional level. Eritrea is member of the African Union for example. Are there any plans or possibilities to co-operate with other countries in the region on these issues? International help is also needed on issues of women’s healthcare.

The maternal mortality rate in Eritrea is one of the highest in the world. This is because bad access to health services, and lack of pre-maternal healthcare. Is there any data about under-ages marriages and teen-pregnancies? How does the country’s safe motherhood program work? Can you provide data on unsafe abortions, and the effects of the war on women’s reproductive health?

Regarding FGM: the report does not say that this practice is harmful for the women. This issue should be dealt with as gender based violence.

The government and the NUEW agree with the committee regarding the harmfulness of FGM. However, the government and the NUEW feel that the status of women in society must be enhanced before criminalization of FGM can work. The practice is unconstitutional, but how can in be put into legislation? If the people are not enough educated about the issue of FGM, criminalization will only make people seek the practice in another country, as is the case of many Eritreans living in European countries.

The rate of maternal mortality is not acceptable and must be decreased. The health care service must become more accessible, and this is being done through improvement of the infrastructure, building of hospitals and health care stations in rural areas, and there is more to be done.

After the war, a social protection net has been constructed in order to help people with counseling and other problems. Even though rape was a typical form of violence during wartime, it is a taboo subject and not many people want to talk about rape. But there is an effort to try supporting the women who have been victims of rape. By documenting this, the government and the NUEW hope that it will teach the next generation something.

Questions on articles 15 and 16
There are very few reported cases of rape. The negative attitudes and the lack of understanding on the part of the law agencies (police etc.) leads to reluctance to report rape. Is there any training of police, judges and prosecutors about women’s rights and sexual violence?

Are arbitration sessions obligatory in case of divorce? Are women part of the arbitrary committees, and if not, what is being done to make them a bigger part of the committees? Are the members in the committees educated about CEDAW, women’s rights and gender equality?

There has been a good progress regarding under-aged marriages. The law is in place, but the enforcement has been bad. What is being done for better enforcement of this law? Has there been any concrete progress? Will customary laws on marriage and divorce that discriminate women be abolished?

There is a law in Eritrea that states that spouses can object to each other’s occupational choice. This law can lead to indirect discrimination since it is probably very unlikely that a women objects to her husbands occupational choice.
Some laws make exceptions for religion. For example, monogamy is against the law, except for Muslims. There are also different laws on marriage in different parts of the country, and in some places exception is made for customary laws. The exception is the basis for discrimination.

The constitution is the supreme law of the country. However, the reality is much more complex than that. Religious, customary and traditional differences between different parts of the population are a reality that cannot be ignored. The government is trying to find a balance between the traditional and the modern laws. In addition the law that states that spouses can object to each other’s occupational choices will be reviewed.

Concluding remarks from the Chairperson
Gender stereotypes in Eritrea must somehow be overcome. The government also needs to acknowledge that they are responsible for the implementation of CEDAW, and therefore the preparation of the report must be done by government machinery and not an NGO. Furthermore, now that conflict is over, Eritrea must try in every possible way to eliminate discrimination against women and to overcome the patriarchal system in society.

Resources

For Eritrea’s State Party Report click here

For Committee’s concluding comments click here

Official UN Press release:
http://www.un.org/News/Press/docs/2006/wom1532.doc.htm

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State Party Report: Former Yugoslav Republic of Macedonia
Combined First, Second and Third Periodic Reports
UN Headquarters, New York, January 25th 2006

Members of Macedonia’s governmental delegation included the Minister of Labor and Social Policy, the Permanent Representative to the United Nations, the Director of the State Statistical Office, the Coordinator of the Women’s Parliament Club, a representative of the Ministry of Foreign Affairs, a representative from the Ministry for Education, the President of the Union of Women’s Organizations of Macedonia, and the Executive Director of the Macedonian Women’s Lobby.

The Primary topics discussed were women’s involvement in prostitution, trafficking and illegal migration, implementation of temporary special measures to promote the rights of the Roma, Albanian and other minority women, the improvement of living conditions for rural women, and the low representation of Macedonian women in decision-making positions.

Women, Peace and Security Analysis
The discussion of Macedonia's CEDAW report touched on the issue of women's participation in public policy decision-making. The Macedonian delegation noted that three of the country’s 17 government ministers were women and that more than half of Macedonian judges are women. Nonetheless, the Committee experts expressed their concern over the fact that the country’s new 30 per cent quota for political female nominees has failed, putting women only into 18 per cent of parliamentary seats. The Committee recommended that women should be encouraged to participate in the election process. In addition, the Committee suggested that the political quota for women should be higher than 30 per cent.

In relation to women's security, the Macedonian report noted that according to a recent research project, some 61.5 per cent of the women interviewed stated that they have experienced some form of psychological violence. Some 24 per cent have experienced physical violence, and 5 percent expressed that they has been sexually assaulted. The introduction of domestic violence as a separate offence has been an important step in criminal legislation reform. Family violence has also been addressed in the 2004 amendments made to the Family Law.

NGO concerns
NGO Reports on Macedonia’s implementation of CEDAW were prepared by the Association for Emancipation, Solidarity and Equality of Women of the Republic of Macedonia (ESE), The Roma Centre of Skopje, the European Roma Rights Centre and the Network Women’s Program.

An area of concern raised by NGOs was the absence of a law to define discrimination against women in Macedonia or to address gender equality. It was also recommended that the state enact programs, as well as an action plan, to combat domestic violence. it was noted that due to the way rape is defined by Macedonian law and the shame that victims are made to feel, the reporting of rape is minimal. The NGOs urged the state modify definitions and develop protocols on how to aid victims of rape.

The right to work was also raised as an area of concern for women in Macedonia. The NGO representatives explained that there are few employment opportunities and limited access to education. Women must be free in order to have the ability to choose their own professions, but due to traditional customs, it is difficult for women to find jobs in the private sector. Women are being forced to take jobs in the textile and garment industries where they are poorly paid and forced to labor under difficult working-conditions. It was recommended that the Macedonian government introduce scholarship programs into Macedonia in order to increase girls’ access to education as well as to create programs with the aim of opening up employment opportunities to women.

In response to a Committee question posed on CEDAW’s Optional Protocol, the Macedonian NGO representatives stated that the Optional Protocol has been ratified but it has not been implemented.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

On articles 1 & 2 of CEDAW
Has the Government's report been formally presented to the public and formally adopted by the Government and Parliament?

The preparation of reports has been a transparent process, with contributions from all around the country. These reports has been adopted by the Government and introduced to non-governmental organizations, before its submission to the United Nations. Extensive media coverage also made the preparation process very transparent.

What is the status of the Convention in the domestic legislation? Are there any cases when the provisions of the Convention were directly invoked in domestic courts? What measures has the Macedonian Government carried out to ensure broad dissemination of the Convention and its Protocol, and have they been translated into other languages of the country. Have any awareness campaigns on the Convention been carried out among non-governmental organizations, trade unions, and women’s associations? Have State sanctions for discriminatory practices been applied? What was the scope of the country’s new law on equal opportunities and are there any particular points in the proposed law that has been the focus of parliamentary discussions? What steps have been taken by the Government to ensure that women were informed about defending their rights?

On the implementation of the Convention at the national level, the Convention has primacy over national laws. Nonetheless, there are no cases of direct application of the Convention in domestic courts. In addition, the Constitution guarantees equality and prohibits all discrimination, but non-discrimination policies based directly on gender are not emphasized. Gender discrimination is also addressed by certain new domestic laws, including the Labor Code. There is a debate on a new law regarding equal opportunities. The law aims at establishing the principle of equal opportunity for men and women in all aspects of life, including political educational, economic, etc. This law would provide positive discrimination measures with aims at promoting women’s participation. There is the possibility of establishing a special committee on gender issues within the Parliament.

Macedonia is the only country that has established the Roma’s equal rights in the Constitution and specified the procedures for granting citizenship for the members of the Roma ethnic group. The Ministry of the Interior has prepared brochures on various legal issues in the Roma language. There were a total of 1,508 Roma who have been granted the country’s citizenship, with some 200 still in the process on approval.

Article 3 of CEDAW:
Has the national action plan for gender equality been evaluated or modified? Have non-governmental organizations become involved in the plan? Has the law on equal opportunities mandated the creation of such offices? What is the role of the local self-government councils in the equal opportunity process, and who selects such committees? Do they deal only with the equal opportunities for women working in the public sector? What procedures has the Government been following to ensure a gender perspective in determining refugee and asylum-seeking status? Could women refugees file application as individuals, and are they assessed separately, even if they arrived with their families? Are there any gender-specific procedures for women who have suffered from violence during past conflicts? Are trafficked women given special consideration when seeking asylum?

On the country’s gender equality machinery a special unit would be established after the adoption of the equal opportunities law that would deal exclusively with gender issues. At the moment, all the Ministries have contact persons monitoring the introduction of the gender equality perspective and informing the Unit for gender equality on relevant plans and legislative acts. Some 18 gender equality committees have been established in the country, including 10 in local self-government units. Members of the committees came from various political parties and included people of both sexes. Steps are also being taken in the area of gender budgeting. Despite the efforts to downsize many governmental structures, the number of employees in the gender equality unit has recently grown. Any new law in the country was reviewed to determine if it was in harmony with European legislation. Its provisions in relation to major international instruments, including the Convention, were also reviewed. The ombudsman -- the defender of the people -- is elected by the Parliament. There is good cooperation among the Ministry of the Interior, the non-governmental organizations and the office of the ombudsman.

Huge efforts are being made to reform the police. While so far, there have been no complaints about police misconduct, open discussions have been held about the abuse of police powers. A special unit on violence and trafficking in people has been established recently. A project on human rights and community policing has been initiated with assistance from the Organization for Security and Cooperation in Europe (OSCE). Efforts are being made to adequately inform the police on the notion of non-discrimination against women. The law on asylum and temporary protection has been adopted, and complete procedures for the treatment of asylum seekers have been established in the country.

Article 4 of CEDAW:
Would the Government consider adopting special forms of temporary measures for the promotion of Roma and other minority women’s rights?

The country is taking steps to include Roma children in the country’s educational process, increase housing available to the Roma people, and increase their access to employment through a special measure that has been introduced. As for Albanian women, two new universities have been established in an area predominantly populated by Albanians. Progress has been made to increase the participation of Roma women in political life and decision-making bodies. As for special and temporary measures, they were adopted to promote equality in the country.

In 2004, Macedonia prepared a strategy for the Roma people, which included education, health, employment and housing, as well as discrimination and gender issues. When preparing the action plans for the decade, the issues related to those priority issues are to be taken into account. Measures are being taken to improve the situation of the Roma women.

What progress has been achieved since the national plan on gender equality was introduced in 1999? Did it have a time frame for implementation and a specific budget? Does the new equal opportunities law contain provisions that allow or mandate for temporary special measures? Does the National plan have a timetable? What have been the advancements in the area of discrimination faced by minorities?

There is no time frame or budget allocation for the national plan. The law on equal opportunities foresees the legislative adoption of special measures to be implemented through periodic plans. Regarding the participation of women in the Ministry of the Interior, the country encourages all women wanting to work in the police to apply through published competitions.

Article 6 of CEDAW:
What is the Government doing to stop sexual exploitation of women? Are pimps or clients of prostitutes prosecuted? How many convictions have there been of traffickers in people? What programs are in place for women who wanted to get out of prostitution and how is the government attacking the demand side of prostitution and trafficking? Is prostitution considered to be a crime?

Prostitution and trafficking in women are serious problems. In the past three years, the police have neutralized almost all centers of prostitution, and now efforts are being made to address the practice of prostitution out of apartments in urban areas. The police enforce maximum penalties for pimping and white slavery. Following a “spectacular trial”, a prominent pimp has recently been sentenced to five years’ imprisonment.

The country had signed the United Nations Convention on Transnational Crime. A strategy and an action plan on trafficking and illegal migration have been elaborated for 2006-2008. The Organized Crime Unit has been successful in its efforts to terminate several important channels of trafficking in human beings. The country is also cooperating with other countries at the regional level. There have been 75 such cases in 2005, compared with 73 in 2004, with 168 perpetrators apprehended in 2005. The demand side of prostitution is not criminalized in Macedonia. Providing services of prostitution is treated as a misdemeanor.

On articles 7 & 8
What measures is the Parliament taking in gender equality in education, and media for women’s political participation and in decision-making? What measures is the government taking to increase women’s participation in courts and in administrative positions? What other measures is the government taking in changing traditional views in electoral processes with respect to women? Are more measures going to be introduced so that minority women can participate in electoral processes? Do you intend to go beyond the 30% quota? Are there any plans for women to participate at the national level rather than only at the local level? How do you intend to reactivate the Forum of women to encourage political participation? What are the steps the government is taking to encourage self-employment? Do you have sanctions/measures/penalties for political parties that do not respect the 30% (minimum) of women in their list? Are there any regulations within the diplomatic community? If not, when will you put them into practice? Has there been a review / impact assessment on the implementation of the 30% minimum quota? What mechanisms have been implemented and what efforts have been made to encourage women’s participation in public office and involving minority women? What are the steps to involve women in international organizations?

Three of the country’s 17 government ministers are women, two women served as deputy ministers, and more than half of the judges are women. Special programmes are in place to support and encourage women entrepreneurs, and the country’s electoral list has a 30 per cent quota for women. The quota for women has been introduced in 2002 for parliamentary elections, resulting in 17.5 per cent women parliamentarians that year. For the first time since 1990, an Albanian was elected to Parliament in 2002, and four Albanian women currently serve as parliamentarians. In the most recent elections, a Roma woman has been elected as a Council member.

On international affairs 37 per cent of diplomats outside the country are women, although the numbers of women serving in senior diplomatic posts is low. The country is generally underrepresented in international organizations, but appears to be gender balanced.

Article 11
What measures have been taken to encourage and support women’s entrepreneurship? What are the measures utilized to provide equal rights for women with regard to credit? Is the provision for paid maternity leave applied to the private sector, as well as the public institutions? What is being done to empower women that are heads of the household? If women’s rights (with respect to labor law) are violated is there any formal way for redress?

Women can appeal to relevant courts if labour rights were violated. As for rural women, efforts have been made to identify their problems and inform women of their rights and legal recourse.

There is the intention to equalize the country’s pension age, which varies for men and women, but several factors have made that impossible at the present time. Moreover, the country is attempting to harmonize its legislation with that of the European Union.

Articles 12 -14
Has the Ministry of Health developed sufficient competence to address women’s health problems? How accessible are services for gynecological problems, and how are they monitored? Is there a strategy for elderly women’s health or disabled women being considered? Has any research being done to determine why it is occurring in such high numbers in the country? Why do women have to go through abortion for population control? Is there a national strategic plan for aged women?

There are no special programmes for health of elderly women, but one exists to decrease the number of women suffering from non-communicable diseases. In addition, a programme for the prevention of cervical cancer covers pap tests for women who are ineligible for health insurance.

The Abortion rate is high compared to other European countries, but has decreased by about 20 per cent since 1994. Family planning services are available within women’s clinics, but no research has been carried out nationwide on the phenomenon.
The whole population is covered by health insurance plans and Asylum seekers can seek treatment at the country’s hospitals.

What are the obstacles faced by rural girls in the area of education and what are the measures to reduce dropout rates in rural areas? What are the efforts being channeled to improve rural women’s information on reproduction health programmes? How is rural women’s access to health care? Are there any special programmes targeted to girls that leave school at an early age? Is there an impact assessment on the implementation of programs to reduce the school attendance in the rural areas?

The first measure to address the dropout rate in rural areas has been to introduce obligatory nine-year education. Efforts are also being made to make schools more attractive to both teachers and pupils. The Ministry of Education has developed a draft national strategy on education for the period ending in 2015, which ensures equal participation of the rural population in the educational system. The dropout rates in the country are expected to decline as a result of the Government’s efforts.

Articles 15 - 16
What is the situation on the custody and support for children and wives in the case of divorce, and measures to ensure payment by negligent fathers? Do rural women have access to courts and legal proceedings? What are the rights of spouses concerning property. Women need to understand their legal rights before they lay their claim to property.

Decisions on child support upon divorce are made by courts and enter into force immediately. The obstacles include fathers’ unemployment and lack of funds to pay child support or alimony. Decisions on child custody are made on the recommendations of multidisciplinary committees, which evaluate the situation.

The father is still considered the head of the family, largely due to persistent stereotypes throughout the country, but efforts are made to overcome such trends. Young families are increasingly making decisions jointly and participating in household chores and tasks on an equal basis.

On legal assistance to women, there are associations of lawyers in the country, who provide free legal advice to women.

Sexual intercourse of an adult with a minor under 16 does not seem to be forbidden and punishable by law. Why is this is not considered a crime?

Sexual intercourse of minor females with adults is regulated by the criminal code, which criminalizes such offences. Sexual acts with minors are criminalized under the country’s law and punished by imprisonment. Minors enjoy special protection, but no distinction is made on the basis of gender. The laws also provide penalties for incest, showing pornography to children and rape of minors.

Committee’s Concluding Remarks
The expert from Algeria, Meriem Belmihou-Zerdani wrapped up the session by noting that the Committee’s constructive exchange with the Macedonian delegation had brought attention to the considerable progress the country has made in such a short period of time. It has ratified the Convention and its Protocol in record time, which would benefit all women. She encouraged the country to continue its work and base its next report on the Committee’s conclusions. She hoped the upcoming elections would result in a 50/50 ratio of candidates.

Resources
For Macedonia’s CEDAW report, click here

For the Committee’s concluding comments on the Macedonian Report, click here

For CEDAW Shadow Report on Macedonia please see:
http://www.iwraw-ap.org/resources/pdf/Macedonia2005(1).pdf

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State Party Report: Venezuela
Fourth through Sixth Periodic Reports
UN Headquarters, New York, January 26, 2006

The Venezuelan delegation included: Ms. Maria Leon, President of Venezuela’s National Institutes for Women (INAMUJER), Yolanda Jaimes, Magistrate of the Supreme Court of Justice; Nora Castañeda, President of the Women’s Development Bank; officers of the Ministry for Education, Ministry of Health and Social Development, the Foreign Ministry, and three members of the Permanent Mission of Venezuela to the United Nations

NGO Concerns
A shadow report, dated February 2005, was coordinated by Foro por la Equidad de Géneros with participation from 18 Non-governmental organizations, Federations and Academics.

Significant concerns cited in the shadow report are that backward steps have weakened governmental structures fostering women’s equality; little awareness or addressing of human rights issues and treaty violations among judiciary, police and other agencies; “dead letter” laws and plans such as the “Plan of Equality for Women 2004-2005” which lack strategies, steps and the political will to execute them; and failure to deal with endemic sexism and stereotyping.

The report further claims active governmental opposition to some temporary special measures such as the 30% quota for electoral offices which was struck down. IN addition, government funds to small NGOs have been stopped, operation of Women’s Houses taken over by government, and a law proposed to exercise government control of funds coming from international NGOs. Increased grievous poverty in the turbulent economic dislocations of the last 5 years, experienced most heavily by women, has lead to growth in the informal economy. External estimates of girls and young women involved in trafficking and prostitution have grown from 17,390 in 1998 to 57,000 in 2005. A Ministry of Health and Social Development report suggests that the 557,000 women registered as prostitutes may be 70% of the actual number.

The most serious perceived threat to the advances made by women before the current government is seen from the increasing, pervasive concentration of power in the presidency. Social services, accompanied by heavy political indoctrination, are being funded and carried out through “missions”, newly organized structures accountable to the president, not through established ministries.

Women, Peace and Security Analysis
There were no references by the country delegation to group conflict situations, military or para-military activities or to UNSCR 1325. Observations were made concerning violence against women in the family, street crime, prostitution and trafficking. The Committee expressed concern that these problems were not being adequately addressed by the government’s reported measures. The NGO shadow report mentioned instances of violent political repression, naming women injured and killed with impunity by government-controlled forces, referencing websites with photo documentation.

The governmental assesment of CEDAW implementation noted that the Bolivarian process is authentically democratic and inclusive, promiting popular participation, active contribution and the integration of all sectors, especially women. As a revolutionary process it faces imperialistic aggression every day, and manipulative misreporting in monopolized mass media. Venezuela’s 1999 Bolivarian Constitution proclaims that all people are equal before the law. Article 21, to make it real and effective, provides that the law shall adopt affirmative measures for the benefit of any group discriminated against. The Constitution establishes social and family rights, that women’s domestic work is an economic activity producing wealth and social welfare, and that women heads of households will have preferential rights in the awarding of land parcels and receive pregnancy allowances.

The “missions” of the Bolivarian Revolution -- huge campaigns directed at improving various sectors of life -- include literacy and education programmes which freed the country from illiteracy by 2005. Education is universal at all levels, health services are offered, jobs have been created, food security and sovereignty enhanced, and cultural identity restored. Women are 63 per cent of the beneficiaries of the education and job creation missions, organized into cooperatives receiving financial support from the public financial system. The Guaicaipuro Mission is a special campaign focused on the aboriginal population, about 500,000 people in six states. That population now has representatives at the National Assembly who have promoted laws to benefit indigenous peoples, and have worked on the policy of Territorial Demarcation.

Regarding violence against women, the country held 1,568 workshops attended by some 500,000 women in many locales, with governmental and NGOs. The law on Violence against Women and the Family has measures to save women victims of violence, addresses types of violence and penalties to aggressors. A free emergency line has been set up, and three shelters had opened for women whose lives are in danger. The Govern-ment is concerned with trafficking, particularly of girls, boys and women, and prostitution. More job opportunities, education, training, employment, a better quality of life and strong cultural identity are needed to eliminate the origin of this social phenomenon. The Ministry of Interior and Justice and INAMUJER developed a communications programme to deal with the problem.

Committee’s questions and comments
*delegation's responses are paraphrased and italicized.

Articles 1 through 6
What measures have been taken to make the availability of remedies in the Optional Protocol widely known? What measures are there to make sure women will not be subjected to ill-treatment if they contact the Committee with their grievances? The National Office for the Defence of Women’s Rights dealing with complaints on violations of women’s rights was asked to furnish updated information on such cases. Do women receive legal aid in such cases? What is the mandate of the National Office to decide on the cases and what is the legal status of its decisions? Are there court cases where the provisions of the Convention had been used?

Addressing implementation of the Convention and Optional Protocol, the country had an Ombudsman, People’s Defender and Women’s Defender. Human rights treaties in the country have the same status as the Constitution. CEDAW has been invoked in court proceedings. There have been workshops held on human rights for court personnel, and a brochure had been produced on efforts to eliminate discrimination against women. The country has attempted to inform all women about international human rights treaties including rights and remedies under Inter-American instruments as well as CEDAW. Hundreds of editions of the Constitution have been issued, and every effort has been made to promote awareness of it. Addressing human rights violations, the country has absolute respect for the human rights of its citizens, and legal procedures would be followed in the event of an alleged violation. However, there have been no concrete reports of human rights violations in the country. Venezuela’s signing of the Optional Protocol was broadly publicized in the media and through bulletins for the promotion of women. There are plans to publish the Optional Protocol. There is no ill-treatment of those who claim their rights. There is full freedom of expression, and the Government insists on full and democratic participation of all citizens.

The terms “equity” and “equality” are used side by side in Venezuela’s 1999 Constitution. Why are both used and what is the Government’s interpretation of the two? CEDAW mandates equality. What is the distinction? Is there recognition that women’s rights are human rights, and are adequate and effective remedies available for their violation?

On the issue of equality and equity, there has been a continuing debate on the meaning of those terms for the women’s movement. In Venezuela’s central university, some were in favor of “equity” and others were leaning towards “equality”. We are equal, but the needs of an indigenous person in the jungle are not the same as those of a woman in the capital, so it might be correct to speak about equality within diversity. Theory and practice should go hand in hand. The Constitutional language represented a Solomonic solution at the time in the face of this debate.

There is little reference to participation of civil society in preparation of the Government’s report. Were all interested NGOs included? What par