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UNIFEM BANGKOK GENDER ISSUES FACT SHEET No. 3

CEDAW
Convention on the Elimination of All Forms of Discrimination against Women

East and Southeast Asia
“ . . . discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity.”
[Convention on the Elimination of All Forms of Discrimination against Women, Preamble.]

Contents

About CEDAW (2) Principles of CEDAW (3) Ratification of the Convention (5) General Recommendations (6) Enforcing and Monitoring the Convention - The role of the CEDAW committee (7) How can CEDAW be used by women's groups (9) Strengthening CEDAW: Optional Protocol (10) UNIFEM and CEDAW (11) Resources (13) Further reading (14) Annexes (15)

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About CEDAW

CEDAW refers to The Convention on the Elimination of All Forms of Discrimination Against Women. CEDAW is an international convention that was adopted by the United Nations General Assembly in 1979 and came into force in 1981. The Convention requires States Parties to: 

Pursue a policy of eliminating discrimination against women by all appropriate means and without delay [article 2];

 

Reaffirm the equality of human rights for women in society and the family [article 1];

Remove laws, stereotypes, practices and prejudices that impair women’s well-being [article 2 (f) and (g), and article 5 (b)].

Layers of gender discrimination
DE JURE discrimination:
Discriminatory legal provisions such as  Electoral rights only for men  Inheritance rights only for sons Provisions with discriminatory impact such as  Absence of safeguards for pregnancy and childbearing in labour market regulations  Absence of pension rights for part-time workers

The Convention also provides that special (affirmative action) measures aimed at accelerating de facto equality between men and women [article 4, paragraph 1] and measures protecting maternity, shall not be considered discriminatory [article 4, paragraph 2].

In addition, state parties are required to take all appropriate measures to: 

DE FACTO discrimination
Unequal treatment such as  Cultural barriers that restrict education for girls  Social and cultural barriers to women’s participation in the military Unequal opportunity such as  Unequal political representation of women  Unequal access of women to high-level management positions

Guarantee women the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men [article 3]

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  

Suppress all forms of traffic in women and exploitation of prostitution of women [article 6]

Eliminate discrimination against women in political and public life [article 7]

Ensure women the opportunity to represent their Governments at the international level and to participate in the work of international organizations [article 8]



Grant women equal rights with men to acquire, change or retain their nationality [article 9]

   

Ensure women equal rights with men in the field of education [article 10]

Eliminate discrimination against women in the field of employment [article 11]

Eliminate discrimination against women in the field of health care [article 12]

Take into account the special problems faced by rural women and the significant roles that rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy [article 14]

 

Accord women equality with men before the law [article 15]

Eliminate discrimination against women in all matters relating to marriage and family relations [article 16].

Principles of CEDAW
[The following discussion is based on the work of Shanti Dairiam of the regional NGO International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific).]

Equality

In terms of equality of opportunity, equality of access, and equality of results, equality, must be both de jure - by law – and de facto - in fact (see box). Formal equality is a flawed concept because it assumes that women and men are the same, and does not take into consideration the biological and socially constructed differences between them. For instance, a fish project in Bangladesh required that all participants should own a pond in a situation where women did not have property rights. This amounts to de facto discrimination

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against women. Protectionist approaches that prohibit women from working at night are also discriminatory. Rather than imposing discriminatory protective measures, Governments should explore why it is not safe for women to work or travel at night and address these factors.

Thus, the CEDAW concept of equality must provide enabling conditions that remove the obstacles or barriers arising from socially-constructed or biological differences. Non-discrimination

CEDAW requires the elimination of all forms of discrimination, both direct and indirect. Direct discrimination has the purpose or intent of discriminating. For example, a regulation prohibiting women from working in certain industries or occupations, such as underground mining, constitutes direct discrimination. Indirect discrimination is unintended but has the effect of discrimination as in the example of the fish pond project cited above. Indirect discrimination is often subtle and invisible. If women do not take advantage of opportunities, CEDAW requires that Governments find out why and then address these factors. Some discrimination may be cross-cutting or historic:

Cross-cutting: Government approaches to development and to the elimination of discrimination tend to be sectoral, although many forms of discrimination against women are cross-cutting because they affect women in all or several sectors. For example, in Algeria the Ministry for Labour, seeking to improve women’s access to employment, instituted reforms in the Labour Code, ensured maternity benefits for women, and set up support services such as child care. However, the CEDAW Committee found that such measures had failed to consider that many women were unable to enter the labour force because the Family Code required that they first obtain their husbands’ permission. Thus, the measures benefited only those women in the labour force (presumably with their husbands’ permission), while other women continued to be denied their right to employment. A multi-sectoral approach is needed that considers discrimination under the Family Code, as well as the Labour Code.

Similarly, in China women have the right to petition for divorce. However, in considering a woman’s petition, Magistrates will take into account whether she will have access to housing once she leaves the marital home. State housing policy grants housing rights to husbands after divorce. Thus, unless a woman can demonstrate access to housing after divorce (perhaps by moving in with her parents), paternalistic Magistrates will refuse her divorce

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petition. Consequently, women victims of domestic violence have little chance of getting out of abusive relationships through divorce. In this case, discrimination is cross-cutting because discrimination in the allocation of housing leads to discrimination in access to divorce, and may contribute to abuses of women’s human rights.

Historic: The impact of previous discrimination may cause later, apparently unrelated, measures to have a discriminatory effect. For example, during downsizing as a result of recession, an Australian company adopted a policy of firing those workers most recently hired. However, due to previous discrimination against women, all the factory’s women workers were among the most recently hired. Consequently, this policy was deemed to constitute discrimination.

State obligation

The state is obligated under CEDAW to ensure both de jure and de facto equality. The rights of women must be respected by regulating all state actions and actors, as well as the private sector, individuals and organizations. The rights of women must also be ensured in the public, private and family domains with effective laws against discrimination. The state should protect the full rights of women and put in place enabling conditions such as legal aid to ensure that women can exercise their rights in practice.

Ratification of the Convention

The Convention was opened for signature in New York on 1 March 1980. Countries may:   

Ratify the Convention; Ratify and accede to the Convention; or Sign without ratifying it (and therefore not be bound by the Convention)

By March 2001, 167 countries had signed the Convention, making it one of the international human rights treaties with the largest number of signatories.

The Convention, however, is also among the treaties with the highest number of reservations by States Parties (UN headquarters press release 31 January 1997).

Most East and Southeast Asian and Pacific countries have ratified CEDAW. However, many of them have stipulated reservations, as seen in Table 1.

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Table 1: CEDAW status in East and Southeast Asia, and Pacific Countries (this table includes only the countries that have signed, but not necessarily ratified, CEDAW. The table shows summary data – for details see Annex A)

Country Australia Cambodia

Date of ratification 1983 1992

Number of Reservations 1 0

Country

Date of ratification

Number of Reservations 2 0

New Zealand Papua New Guinea

1985 1995

China DPR Korea

1980 2001

1 0

Philippines Republic of Korea

1981 1984

1 2

Fiji Indonesia Japan Lao PDR Malaysia Mongolia Myanmar

1995 1984 1985 1981 1995 1981 1998

2 1 0 0 4 0 1

Samoa Singapore Thailand Tuvalu Vanuatu Viet Nam

1992 1995 1985 1999 1995 1982

0 4 2 0 0 1

Brunei Darussalam has neither ratified nor signed.

General Recommendations

The Committee on the Elimination of Discrimination Against Women issues recommendations that may be used as an aid to interpreting the Convention on the Elimination of All Forms of Discrimination Against Women. The General Recommendations, which refer to substantive rights of women, deal with the following subjects (the full text of each subject is in Annex B):
 

#3: article 5, public education campaigns #5: adoption of positive measures to promote real equality between men and women

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

#6: creation of effective national machinery to monitor and promote women's rights

            

#8: implementation of article 8 of the Convention #9: need for statistical information relating to women #12: violence against women #13: equal pay for work of equal value #14: elimination of female circumcision or FGM #15: women and HIV/AIDS #16: unpaid work in rural and family enterprises #17: unrecognized value of women's work in the gross national product #18: disabled women #19: violence against women #21: equality in marriage and family relations #23: political and public life #24: women and health

Enforcing and Monitoring the Convention – The role of the CEDAW committee
Although the Convention has been ratified by a large number of countries, many of these have not taken specific steps to implement the Convention. Like most international conventions, enforcement of CEDAW relies largely on advocacy and the weight of public and particularly international public opinion.

At the international level, implementation of the Convention is monitored through the Committee on the Elimination of Discrimination Against Women, which has held sessions since 1981. The Committee is made up of 23 experts nominated by their respective Governments and elected at a meeting of all States Parties that have ratified the Convention.

Each State Party may nominate one expert. Those elected will serve in a personal capacity for a four-year term.

States Parties that have ratified the Convention are required to submit an initial report one year after ratification and then report once every four years. The Committee normally meets once a year and hears an average of eight reports per session.

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In 1996, the Committee revised its guidelines for reporting by inviting Governments to include information on measures taken to implement the Beijing Platform for Action.

The reports are considered at length in a consultative process. At its fourteenth session, the Committee allocated two and a half meetings for consideration of a report by a State Party. Despite late reporting by a number of countries, the Committee has faced a growing backlog of work over recent years and has been under pressure to meet more than once a year in order to clear the backlog.

Recently, NGOs from reporting countries have presented supplementary information or alternative reports in Special Consultations between NGOs and CEDAW Experts. NGOs can play a very important role in making the Convention an instrument for women's empowerment through advocacy and monitoring their government's implementation of the treaty. Because the Convention's enforcement mechanism is based on a reporting system, it is important that NGOs understand and use the reporting mechanism to maintain government accountability both inside the country and at the United Nations. The International Women's Rights Action Watch (IWRAW) for Asia and the Pacific has produced procedural and format guidelines to assist NGOs to produce shadow reports for the CEDAW Committee for use in evaluating government efforts to meet their obligations under the CEDAW Convention (see sidebar).

The Committee also issues suggestions and general recommendations:

A working group of the Committee considers ways to implement article 21 of the Convention, which authorizes the committee to issue suggestions and recommendations based on the examination of reports and information received from States Parties. Since 1992, the working group has reported on particular articles of the convention or themes that run across a number of articles. One of the most important recommendations concerned gender based violence against women, an issue that is not addressed directly in the Convention. Recommendation 19 defines gender-based violence as a form of discrimination against women. Recommendations have also been made on articles 7 (elimination of discrimination in political and public life), 8 (equal opportunity for women to represent their governments internationally); and most recently on article 12 (women and health).

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How can women’s groups use CEDAW?

Despite its limitations, CEDAW is the most powerful international tool for the elimination of discrimination against women. Some countries have used CEDAW as the basis for drafting new or amending existing Constitutions. Sri Lanka used CEDAW as the basis for its Women’s Charter in 1993.

In the past, a great deal of effort has been devoted to advocacy and lobbying Governments to ratify the Convention and to the removal of reservations. It is now timely to focus more on its effective implementation by the large number of States Parties that have ratified it.

Implementation remains slow

Although many countries have ratified the Convention, implementation remains slow and quite limited in many countries. For example, in Thailand: 

The reservation on the legal capacity of women was withdrawn in 1990, although little has changed in practice. Married women are still required to provide evidence of approval from their husbands for legally binding agreements, whereas married men are not required to provide evidence of their wives’ approval.



Although the Government reported to CEDAW that Cabinet had approved a resolution to issue the same citizenship rights to the spouse of a Thai women as are currently available to the spouse of a Thai man, the amendment has not yet been presented to or approved by Parliament.



While the Government withdrew reservations in respect of equal educational opportunities in 1996, the police academy and other academies under the supervision of the armed forces did not amend their regulations to make places available to women applicants [Somswadi, 1997: 2-6, see Further Reading for the reference].

Women’s groups can undertake a number of activities:

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

Women’s groups in many countries where Governments have registered reservations to the Convention have been working to persuade their Governments review and, where appropriate, modify or remove the reservations.



Groups have also been formed specifically to monitor the implementation of the Convention at the national level. An example is Conventionwatch in Indonesia. Conventionwatch has specifically made the implementation of article 11, which calls for the elimination of discrimination against women in the field of employment, its initial objective.



Women’s groups in countries that have ratified the Convention can also draw the attention of their Governments to the commitments made under the Convention as a tool when lobbying for specific objectives covered by the Convention.

Strengthening CEDAW: Optional Protocol

Another milestone on the road towards equality between women and men and the full enjoyment by women of their human rights has been met. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women entered into force on the 22 December 2000.

On the 6 October 1999, in a landmark decision for women, the United Nations General Assembly, acting without a vote, adopted the 21-article Optional Protocol to the Convention, and called on all States Parties to the Convention to become party to the new instrument as soon as possible. States that ratify the Optional Protocol recognize the competence of the Committee on the Elimination of Discrimination against Women to consider petitions from individual women or groups of women who have exhausted all available national remedies. The Optional Protocol also entitles the Committee to conduct inquiries into grave or systematic violations of the Convention. States that ratify may opt out of the inquiry procedure, but no other reservations are permitted. The Division for the Advancement of Women in the Department of Economic and Social Affairs provides the technical and substantive servicing of the Convention and its Optional Protocol.

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The Optional Protocol is significant for a number of reasons. Its two procedures reaffirm existing remedies available under other international human rights instruments, such as the first Optional Protocol to the Covenant on Civil and Political Rights, the Convention on the Elimination of Racial Discrimination and the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment. The Optional Protocol also advances the development of international human rights law, and incorporates practice developed by international monitoring mechanisms over the last 30 years. It recognizes that women continue to face specific challenges in seeking redress for their grievances under general human rights mechanisms. As of 2001, the Optional Protocol has been ratified or acceded to by 13 States parties: Austria, Bangladesh, Bolivia, Denmark, France, Ireland, Italy, Mali, Namibia, New Zealand, Senegal, Slovakia and Thailand. There are a total of 62 signatories to the Optional Protocol. The adoption of an Optional Protocol to provide a right to petition was one of the commitments made by States at both the 1993 Vienna Conference on Human Rights and the 1995 Fourth World Conference on Women. Its entry into force represents a major step towards the realization of the objectives set out in the Beijing Platform for Action.

UNIFEM and CEDAW

UNIFEM is not directly responsible for CEDAW, as UNICEF is for the Convention of the Rights of Children. However, UNIFEM does provide strategic, technical and some financial support for:  Strengthening the capacity of women’s organizations to utilize the Convention through global and regional CEDAW training 

Developing a training kit on CEDAW to articulate human rights issues to eliminate violence against women.

 

Building a network in support of CEDAW to monitor implementation by governments.

Facilitating NGO Shadow reports and supporting participation of a core group of women in the CEDAW review.

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CEDAW has been widely accepted by countries in the East and Southeast Asia and Pacific region. Recognizing the joint interest of UNICEF and UNIFEM in promoting the principles laid out under the Convention, the UNICEF-East Asia and Pacific Regional Office and the UNIFEM East and Southeast Asia Regional Office have signed a Memorandum of Understanding to cooperate throughout the region to support the implementation of CEDAW.

Asian Center for Women's Human Rights (ASCENT)
The Asian Center for Women's Human Rights (ASCENT) has held several regional training seminars on women's human rights. The goals of the training are to develop the capabilities of women in the Asian region to assert their rights, and to involve more women in global initiatives to promote women's human rights. Training has been conducted and initiated in Vietnam, Cambodia, Hong Kong, Mongolia, and in Africa. The participants of the training include women activists, human rights defenders, grassroots women, social workers, and academics active in various fields and on issues concerning women. Through the support of UNIFEM, training seminars were held in Laos and Mongolia in 1999. In Lao, the training program focused on "Leadership and Counselling Training for Women of Laos." The training program in Mongolia focused on the theme "Feminist Leadership Development Training for Civil Society in Mongolia."

This agreement recognizes the complementary strengths of the two organizations. Building upon

UNICEF’s strength in the region at the country level and UNIFEM’s technical expertise, both

IWRAW: Facilitating CEDAW implementation
The International Women's Rights Action Watch (IWRAW) for Asia and the Pacific was established in 1993 in Kuala Lumpur, Malaysia to monitor implementation of the Convention on the Elimination of All Forms of Discrimination Against Women, and provide training and public education on using the Convention effectively in policymaking in the Asia Pacific region. IWRAW Asia Pacific’s long-term projects aim to monitor States Parties’ obligations and commitments to women’s equality, in line with their international commitments as States Parties to CEDAW and as signatories to the Beijing Platform of Action. In 1998, UNIFEM supported the IWRAW project on “Facilitating the Fulfilment of State Obligation to Women’s Equality” with the objective of increasing awareness of the Convention and the involvement of women and NGOs in CEDAW processes. Armed with knowledge of the usefulness of the Convention, individual women and NGOs can lobby their governments and strengthen national advocacy to ensure that their governments comply with international law.

regional offices agree to keep each other informed of and involved in on-going activities on advocacy for or implementation of CEDAW. In addition, UNIFEM will provide technical support for work that UNICEF may pursue on CEDAW advocacy and implementation at the country level.

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Resources



Current Asian members of the CEDAW Committee

1) Hon. Rosario Manalo Chairperson/Undersecretary for International Economic Relations/APEC SOM Leader Department of Foreign Affairs 2330 Roxas Boulevard, Philippines Tel: 632-832-3312 Fax: 632-834-1451

2) Ms Hei-Soo Shin Co-representative, Korea Women’s Associations United 38-84 Changchung-Dong Ika, Chung-Ku Seoul 100-392, Korea Tel: 82-2-2273-9535 Fax: 82-2-2273-9539 E-mail: Kwau@cholian.net

3) Ms Sjamsiah Achmad C/O Centre for Scientific Documentation and Information Indonesian Institute of Science, 3rd Floor Jalan Gatot Subroto No.10 Jakarta 12710, Indonesia Tel: 6221-5296-4828 Fax: 6221-5296-4827 E-mail: regsec@pdii.lipi.go.id 

Previous Asian Members of the CEDAW Committee

Irene R. Cortez Guan Minqian Sunaryati Hartono Luvsandanzangyn Ider Aurora Javate de Dios

Philippines China Indonesia Mongolia Philippines

(1982-1986) (1982-1990) (1995-1998) (1982-1988) (1995-1998)

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Lin Shangzhen Nguyen Ngoc Dung Pudjiwati Sayogyo  

China Vietnam Indonesia

(1991-1998) (1982-1984) (1987-1987)

Organizations facilitating CEDAW Implementation – see Annex C

Convention on the Elimination of All Forms of Discrimination Against Women: Full Text - the full text is available in English, French and Spanish is available on the UN Division for the Advancement of Women web site at http://www.un.org/womenwatch/daw/cedaw/cedaw.htm A better formatted full text version in English is available at http://www.pch.gc.ca/ddp-hrd/docs/cedaw/cn_e.shtml

Further Reading

Division of the Advancement of Women (2001): “CEDAW” http://www.un.org/womenwatch/daw/cedaw/index.html Division of the Advancement of Women (2001): “ Optional Protocol to Women’s Convention comes into Force”, http://www.un.org/womenwatch/daw/cedaw/protocol/index.html Office of the Prime Minister, Thailand (1996): Thailand’s Combined Second and Third Report to the Committee on the Elimination of Discrimination Against Women, Committee for Thailand’s Second Report on the Implementation of the Convention on the Elimination of Discrimination Against Women and National Commission on Women’s Affairs (NCWA) July. Somswadi, Virada. (1997): “Some Pertinent Legal and Social Issues on Women in Thailand.” Women’s Studies Centre, Faculty of Social Sciences, Chiangmai University, March. UNIFEM (1998): “ Bringing Equality Home. Implementing the Convention on the Elimination of All Forms of Discrimination Against Women”, edited by Ilana Landsberg-Lewis UNIFEM/Inter-American Institute of Human Rights (2000): “ Optical Protocol: Convention on the Elimination of All Forms of Discrimination Against Women”

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United Nations, A/51/277 7 August (1996). “Advancement of Women. Convention on the Elimination of All Forms of Discrimination against Women: Report of the Secretary.”

United Nations, (1996). Commission on the Status of Women. Report of the fortieth session. (11-22 March 1996), Economic and Social Council. Official Records 1996 Supplement 6.

United Nations, 31 January (1997). Committee on Elimination of Discrimination against Women Concludes Three-Week Session at Headquarters. Press Release.

Annexes

A. CEDAW status in East and Southeast Asia, and Pacific Countries B. General recommendations of CEDAW C. Organizations facilitating CEDAW Implementation

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Annex A to UNIFEM BANGKOK GENDER ISSUES FACT SHEET No. 3 CEDAW East and South East Asia
CEDAW status in East and Southeast Asia, and Pacific Countries
The tables includes details for only the countries that have signed, but not necessarily ratified, CEDAW. The Convention needs to be acceded, ratified or succession in order to come into force (all same legal effect under international law).

Country

Status
(Signed/Acceded/Ratified/Succession)

Reports

Declarations or Reservations

East and South East Asia
Cambodia Signed 1980 Acceded 1992 Initial Reports  Date due: 14 November 1993 Second Periodic Reports  Date due: 14 November 1997  No Submitted Reports None

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Country
China

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1980

Reports
A.    B.    C.    Initial Reports Date due: 3 September 1982 Submitted: 25 May 1983 (CEDAW/C/5/Add.14) Considered by Committee: 1984 Second Periodic Reports Date due: 3 September 1986 Submitted: 22 June 1989 (CEDAW/C/13/Add.26) Considered by Committee: 1992 Third Periodic Reports Date due: 3 September 1990 Date of submission: 29 May 1997 (CEDAW/C/CHN/3-4) Considered by Committee: 1999

Declarations or Reservations
Dispute between States Parties (Art. 29)

Democratic People’s Republic of Korea

Acceded 2001

D. Fourth Periodic Reports  Date due: 3 September 1994  Date of submission: 29 May 1997 (CEDAW/C/CHN/3-4) Considered by Committee: 1999 N/A

Marriage and Family (Art. 16)

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Country
Indonesia

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1984

Reports
A.    B.    C.    Initial Reports Date due: 13 October 1985 Submitted: 17 March 1986 (CEDAW/C/5/Add.36) Considered by Committee: 1988 Second Periodic Reports Date due: 13 October 1989 Submitted: 6 February 1997 (CEDAW/C/5/Add.36) Considered by Committee: 1998 Third Periodic Reports Date due: 13 October 1993 Submitted: 6 February 1997 (CEDAW/C/IDN/2-3) Considered by Committee: 1998

Declarations or Reservations
Dispute between States Parties (Art. 29)

D. Fourth Periodic Reports  Date due: 13 October 1997

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Country
Japan

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1985

Reports
A. B. C. Initial Reports Date due: 25 July 1986 Submitted: 13 March 1987 (CEDAW/C/5/Add.48) Considered by Committee: 1988 Second Periodic Reports Date due: 25 July 1990 Submitted: 21 February 1992 (CEDAW/C/JPN/2) Considered by Committee: 1994 Third Periodic Reports Date due: 25 July 1994 Submitted: 28 October 1993 (CEDAW/C/JPN/3) Considered by Committee: 1994

Declarations or Reservations
None

D. Fourth Periodic Reports - Date due: 25 July 1998 - Submitted: 24 July 1998 (CEDAW/C/JPN/4) Lao PDR Signed 1980 Ratified 1981 A. Initial Reports - Date due: 13 September 1982 Reports Submitted - None Malaysia Acceded 1995 A. Initial Reports - Date due: 4 August 1996 Reports Submitted: - None Commitment to eradicate discrimination (Art. 2) Elimination of stereotyping (Art.5) Elimination of discrimination in political and public life (Art. 7) Citizenship (Art. 9) Employment and Labour rights (Art. 11) Marriage and Family (Art. 16) None

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Country
Mongolia

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Acceded 1981

Reports
A.    B.    C.    D.    Initial Reports Date due: 3 September 1982 Submitted: 18 November 1983 (CEDAW/C/5/Add.20) Considered by Committee: 1986 Second Periodic Reports Date due: 3 September 1986 Submitted: 17 March 1987 (CEDAW/C/13/Add.7) Considered by Committee: 1990 Third Periodic Reports Date due: 3 September 1990 Submitted: 8 December 1998 (CEDAW/MNG/3-4) Considered by Committee: 2001 Fourth Periodic Reports Date due: 3 September 1994 Submitted: 8 December 1998 (CEDAW/C/MNG/3-4) Considered by Committee: 2001

Declarations or Reservations
Reservation (Art.29) subsequently withdrawn

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Country
Philippines

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1981

Reports
A.    B.    C.    D.    Initial Reports Date due: 4 September 1982 Submitted: 22 October 1982 (CEDAW/C/5/Add.6) Considered by Committee: 1984 Second Periodic Reports Date due: 4 September 1986 Submitted: 12 December 1988 (CEDAW/C/13/Add.17) Considered by Committee: 1991 Third Periodic Reports Date due: 4 September 1990 Submitted: 20 January 1993 (CEDAW/C/PHI/3) Considered by Committee: 1997 Fourth Periodic Reports Date due: 4 September 1994 Submitted: 22 April 1996 (CEDAW/C/PHI/4) Considered by Committee: 1997

Declarations or Reservations
None

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Country
Republic of Korea

Status
(Signed/Acceded/Ratified/Succession) Signed 1983 Acceded 1984

Reports
A.    Initial Reports Date due: 26 January 1986 Submitted: 13 March 1986 (CEDAW/C/5/Add.35) Considered by Committee: 1987

Declarations or Reservations
Nationality (Art.9) Reservation (Art. 16) subsequently withdrawn

B. Second Periodic Reports  Date due: 26 January 1990  Submitted: 19 December 1989 (CEDAW/C/13/Add.28 and Corr.1)  Considered by Committee: 1993 C.    D.    Singapore Acceded 1995 A.   B.    Third Periodic Reports Date due: 26 January 1994 Submitted: 8 September 1994 (CEDAW/C/KOR/3) Considered by Committee: 1998 Fourth Periodic Reports Date due: 26 January 1998 Submitted: 27 March 1998 (CEDAW/C/KOR/4) Considered by Committee: 1998 Initial reports Date due: 4 November 1996 Submitted: 18 January 2000 (CEDAW/C/SGP/1) Considered by Committee: 2001 Second Periodic Reports Date due: 4 November 2000 Submitted: (CEDAW/C/SGP/2) Considered by Committee: 2001 Discrimination Against Women (Art.2) Employment (Art.11) Marriage and Family (Art. 16)

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Country
Thailand

Status
(Signed/Acceded/Ratified/Succession) Acceded 1985

Reports
C.    D.    E.    Initial Reports Date due: 8 September 1986 Submitted: 1 June 1987 (CEDAW/C/5/Add.51) Considered by Committee: 1990 Second Periodic Reports Date due: 8 September 1990 Submitted: 3 March 1997 (CEDAW/C/THA/2-3) Considered by Committee: 1999 Third Periodic Reports Date due: 8 September 1994 Submitted: 3 March 1997 (CEDAW/C/THA/2-3) Considered by Committee: 1999

Declarations or Reservations
       Elimination of discrimination in political and public life (Art. 7) Citizenship (Art. 9) Education (Art. 10) Employment and labor rights (Art. 11) Marriage and Family (Art. 16) Dispute between States Parties (Art. 29) Reservation (Art 9, Para 2) subsequently withdrawn

F. Fourth Periodic Reports  Date due: 8 September 1998  Not submitted

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Country
Vietnam

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1982

Reports
A.    B.    C.    D.    Initial Reports Date due: 19 March 1983 Submitted: 2 October 1984 (CEDAW/C/5/Add.25) Considered by Committee: 1986 Second Periodic Reports Date due: 19 March 1987 Submitted: Considered by the Committee: 2001 Third Periodic Reports Date due: 19 March 1991 Submitted: Considered by the Committee: 2001 Fourth Periodic Reports Date due: 19 March 1995 Submitted: Considered by the Committee: 2001

Declarations or Reservations
 Dispute between States Parties (Art. 29)

Pacific Countries

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Country
Australia

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified1983

Reports
Initial Reports Date due: 27 August 1984 Submitted: 3 October 1986 (CEDAW/C/5/Add.40) Considered by Committee: 1988 Second Periodic Report Date due: 27 August 1988 Submitted: 24 July 1992 (CEDAW/C/AUL/2) Considered by Committee: 1994 Third Periodic Report Date due: 27 August 1992 Submitted: 1 March 1995 (CEDAW/C/AUL/3) Considered by Committee: 1994 Fourth Periodic Report Date due: 27 August 1996 Not submitted Initial Reports Date due: 27 September 1996 Reports Submitted None

Declarations or Reservations
Maternity leave (Art. 11)

Fiji

Acceded 1995

Elimination of stereotyping (Art. 5) Citizenship (Art. 9)

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Country
New Zealand

Status
(Signed/Acceded/Ratified/Succession) Signed 1980 Ratified 1985

Reports
Initial Reports Date due: 9 February 1986 Submitted: 3 October 1986 (CEDAW/C/5/Add.41) Considered by Committee: 1988 Second Periodic Report Date due: 9 February 1990 Submitted: 3 November 1992 (CEDAW/C/NZE/2) 27 October 1993 (CEDAW/C/NZE/2/Add.1) Considered by Committee: 1994 Third Periodic Report Date due: 9 February 1994 Submitted: 2 March 1998 (CEDAW/C/NZL/3-4) 15 April 1998 (CEDAW/C/NZL/3-4/Add.1) Considered by Committee: 1998 Fourth Periodic Report Date due: 9 February 1998 2 March 1998 (CEDAW/C/NZL/3-4) 15 April 1998 (CEDAW/C/NZL/3-4) Considered by Committee: 1998 Initial Reports Date due: 11 February 1996 Reports Submitted None Initial Reports Date due: 25 October 1993 Second Periodic Reports Date due: 25 October 1997 Reports Submitted None N/A

Declarations or Reservations
Reservations Art.28) Maternity leave (Art.11) Reservation (Art.28) subsequently withdrawn

Papua New Guinea

Acceded 1995

None

Samoa

Acceded 1992

None

Tuvalu

Acceded 1999

None

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Annex B to UNIFEM BANGKOK GENDER ISSUES FACT SHEET No. 3

CEDAW East and South East Asia

General recommendations of CEDAW The administrative recommendations are not included in this Annex. General recommendation Number
3. Urges all States Parties effectively to adopt education and public information programmes, which will help eliminate prejudices and current practices that hinder the full operation of the principle of the social equality of women.

Session
Sixth session, 1987

5. Recommends that States Parties make more use of temporary special measures such as positive action, preferential treatment or quota systems to advance women's integration into education, the economy, politics and employment.

Seventh session, 1988

6. Recommends that States parties: Establish and/or strengthen effective national machinery, institutions and procedures, at a high level of Government, and with adequate resources, commitment and authority to: (a) Advise on the impact on women of all government policies; (b) Monitor the situation of women comprehensively; (c) Help formulate new policies and effectively carry out strategies and measures to eliminate discrimination;

Seventh session, 1988

8. Recommends that States parties take further direct measures in accordance with article 4 of the Convention to ensure the full implementation of article 8 of the Convention and to ensure to women on equal terms with men and without any discrimination the opportunities to represent their Government at the international level and to participate in the work of international organizations.

Seventh session, 1988

9. Recommends that States parties should make every effort to ensure that their national statistical services responsible for planning national censuses and other social and economic surveys formulate their questionnaires in such a way that data can be disaggregated according to gender, with regard to both absolute numbers and percentages, so that interested users can easily obtain information on the situation of women in the particular sector in which they are interested.

Eighth session, 1989

12. Recommends to the States parties that they should include in their periodic reports to the Committee information about: 1. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the

Eighth

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family, sexual harassment at the work place etc.); 2. Other measures adopted to eradicate this violence; 3. The existence of support services for women who are the victims of aggression or abuses; 4. Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence.

session, 1989

13. Recommends that State parties: 2. Should consider the study, development and adoption of job evaluation systems based on gender-neutral criteria that would facilitate the comparison of the value of those jobs of a different nature, in which women presently predominate, with those jobs in which men presently predominate, and they should include the results achieved in their reports to the Committee on the Elimination of Discrimination against Women; 3. Should support, as far as practicable, the creation of implementation machinery and encourage the efforts of the parties to collective agreements, where they apply, to ensure the application of the principle of equal remuneration for work of equal value.

Eighth session, 1989

14. Recommends that States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision.

Ninth session, 1990

15. Recommends: (a) That States parties intensify efforts in disseminating information to increase public awareness of the risk of HIV infection and AIDS, especially in women and children, and of its effects on them; (b) That programmes to combat AIDS should give special attention to the rights and needs of women and children, and to the factors relating to the reproductive role of women and their subordinate position in some societies which make them especially vulnerable to HIV infection; (c) That States parties ensure the active participation of women in primary health care and take measures to enhance their role as care providers, health workers and educators in the prevention of infection with HIV.

Ninth session, 1990

16. Recommends that States parties: (a) Include in their reports to the Committee information on the legal and social situation of unpaid women working in family enterprises; (c) Take the necessary steps to guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member.

Tenth session, 1991

17. Recommends that States parties: (a) Encourage and support research and experimental studies to measure and value the unremunerated domestic activities of women; for example, by conducting time-use surveys as part of their national household survey programmes and by collecting statistics disaggregated by gender on time spent on activities both in the household and on the labour market; (b) Take steps, in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Nairobi Forward-looking Strategies for the Advancement of Women, to quantify and include the unremunerated domestic activities of women in the gross

Tenth session, 1991

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national product.

18. Recommends that States parties provide information on disabled women in their periodic reports, and on measures taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life.

Tenth session, 1991

19. States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act; (b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gendersensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention; (c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence; (d) Effective measures should be taken to ensure that the media respect and promote respect for women; (e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures; (f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women's equality (recommendation No. 3, 1987); (g) Specific preventive and punitive measures are necessary to overcome trafficking and sexual exploitation; (h) States parties in their reports should describe the extent of all these problems and the measures, including penal provisions, preventive and rehabilitation measures that have been taken to protect women engaged in prostitution or subject to trafficking and other forms of sexual exploitation. The effectiveness of these measures should also be described; (i) Effective complaints procedures and remedies, including compensation, should be provided; (j) States parties should include in their reports information on sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the workplace; (k) States parties should establish or support services for victims of family violence, rape, sexual assault and other forms of gender-based violence, including refuges, specially trained health workers, rehabilitation and counselling; (l) States parties should take measures to overcome such practices and should take account of the Committee's recommendation on female circumcision (recommendation No. 14) in reporting on health issues; (m) States parties should ensure that measures are taken to prevent coercion in regard to fertility and reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal abortion

11th session 1992

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because of lack of appropriate services in regard to fertility control; (n) States parties in their reports should state the extent of these problems and should indicate the measures that have been taken and their effect; (o) States parties should ensure that services for victims of violence are accessible to rural women and that where necessary special services are provided to isolated communities; (p) Measures to protect them from violence should include training and employment opportunities and the monitoring of the employment conditions of domestic workers; (q) States parties should report on the risks to rural women, the extent and nature of violence and abuse to which they are subject, their need for and access to support and other services and the effectiveness of measures to overcome violence; (r) Measures that are necessary to overcome family violence should include: (i) Criminal penalties where necessary and civil remedies in cases of domestic violence; (ii) Legislation to remove the defence of honour in regard to the assault or murder of a female family member; (iii) Services to ensure the safety and security of victims of family violence, including refuges, counselling and rehabilitation programmes; (iv) Rehabilitation programmes for perpetrators of domestic violence; (v) Support services for families where incest or sexual abuse has occurred; (s) States parties should report on the extent of domestic violence and sexual abuse, and on the preventive, punitive and remedial measures that have been taken; (t) States parties should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence, including, inter alia: (i) Effective legal measures, including penal sanctions, civil remedies and compensatory provisions to protect women against all kinds of violence, including inter alia violence and abuse in the family, sexual assault and sexual harassment in the workplace; (ii) Preventive measures, including public information and education programmes to change attitudes concerning the roles and status of men and women; (iii) Protective measures, including refuges, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence; (u) States parties should report on all forms of gender-based violence, and such reports should include all available data on the incidence of each form of violence and on the effects of such violence on the women who are victims; (v) The reports of States parties should include information on the legal, preventive and protective measures that have been taken to overcome violence against women, and on the effectiveness of such measures.

21. In considering the place of women in family life, the Committee wishes to stress that the provisions of General Recommendation 19 (eleventh session) 13 concerning violence against women have great significance for women's abilities to enjoy rights and freedoms on an equal basis with men. States parties are urged to comply with that general recommendation to ensure that, in both public and family life, women will be free of the genderbased violence that so seriously impedes their rights and freedoms as

13th session, 1994

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individuals. 23.   States parties should ensure that their constitutions and legislation comply with the principles of the Convention, and in particular with articles 7 and 8. States parties are under an obligation to take all appropriate measures, including the enactment of appropriate legislation that complies with their Constitution, to ensure that organizations such as political parties and trade unions, which may not be subject directly to obligations under the Convention, do not discriminate against women and respect the principles contained in articles 7 and 8. States parties should identify and implement temporary special measures to ensure the equal representation of women in all fields covered by articles 7 and 8. States parties should explain the reason for, and effect of, any reservations to articles 7 or 8 and indicate where the reservations reflect traditional, customary or stereotyped attitudes towards women's roles in society, as well as the steps being taken by the States parties to change those attitudes. States parties should keep the necessity for such reservations under close review and in their reports include a timetable for their removal.

16th session, 1997

 

24.  States parties should implement a comprehensive national strategy to promote women's health throughout their lifespan. This will include interventions aimed at both the prevention and treatment of diseases and conditions affecting women, as well as responding to violence against women, and will ensure universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services.  States parties should allocate adequate budgetary, human and administrative resources to ensure that women's health receives a share of the overall health budget comparable with that for men's health, taking into account their different health needs.  States parties should also, in particular: a) Place a gender perspective at the centre of all policies and programmes affecting women's s health and should involve women in the planning, implementation and monitoring of such policies and programmes and in the provision of health services to women;
b) Ensure the removal of all barriers to women's access to health services, education and information, including in the area of sexual and reproductive health, and, in particular, allocate resources for programmes directed at adolescents for the prevention and treatment of sexually transmitted diseases, including HIV/AIDS;

20thsession, 1999

c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance. When possible, legislation criminalizing abortion could be amended to remove punitive provisions imposed on women who undergo abortion; d) Monitor the provision of health services to women by public, nongovernmental and private organizations, to ensure equal access and

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quality of care; e) Require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent and choice; f) Ensure that the training curricula of health workers includes comprehensive, mandatory, gender-sensitive courses on women's health and human rights, in particular gender-based violence.

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Annex C to UNIFEM BANGKOK GENDER ISSUES FACT SHEET No. 3 CEDAW East and South East Asia Organizations facilitating CEDAW Implementation
Cambodia Women for Prosperity No.19 Street 163, Sangkat Veal Vong Khan 7 Makara, Phnom Penh CAMBODIA Tel: +85 5 23 212429 Fax: +85 5 23 212447 Wfpnp@forum.org.kh NGO’s Committee on CEDAW #19, street 1,63 Phnom Penh CAMBODIA Tel: +855 23 212429 Fax: +855 23 212447 Cambodia League for the Promotion and Defence of Human Rights (LICADHO) Po box 499 Phnom Penh CAMBODIA Tel: (855-12) 80-2506 Fax: 855-23) 36-4901, 36-0965 licadho@camnet.com.kh Indonesia State Ministry of the Role of Women Jl. Merdeka Barat l5 Jakarta INDONESIA Tel: (62-2l) 380-5539 Fax: (62-2l) 380-5562

Democratic Social Union Jl. Berdikari Kav.2, Palmerah, Kebayoran Lama, Jakarta 11540, INDONESIA Tel: +62 21 5322190 Fax: +62 21 5349158 Office@unisosdem.org Laos Lao Women’s Union PO Box 59 Vientiane , LAO PDR Tel: + 85 6 21 214306 Fax: + 85 6 21 214306

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Laowu@laotel.com Malaysia Women’s Affairs Department Prime Minister Department 2nd and 5th, Bangunan LPPKN Jalan Raja Lant, 50562 Kuala Lumpur MALAYSIA Tel: +60 3 2930095 Fax. +60 3 2934740 Hawalbl@po.jaring.my Mongolia The National CEDAW Watch Network Center PO Box 99 Ulaanbaatar 13, MONGOLIA Tel: 976-1-328-798 Fax: 976-1-328-798 mailto:b.sarah@magicnet.mn mmsa@magicnet.mn Philippines National Commission on the role of Filipino Women 1145 J.P.Laurel Street, San Miguel Manilla, PHILIPPINES Tel: 632 741 7313 Fax: 632 736 4449 NCRFW@INFO.COM.PH

Thailand Women’s League of Burma PO Box 413 Chiang Mai 50000 THAILAND Tel: +66 53 399 139 (privat, Hseng Noung Lintner) Fax: + 66 53 399 139 (idem) Hseng@loxinfo.co.th Alternative ASEAN Network on Burma Forum Asia 109 Suthisarnwinichai Road Samsenok, Huaykwang Bangkok 10320 THAILAND Altsean@ksc.th.com

UNICEF East Asia and Pacific Regional Office PO Box 2-154 19 Phra Atit Road

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Bangkok 10200 THAILAND Tel: 662 – 280 5931 Fax: 662 –280-3563 eapro@unicef.org UNFPA Country Support Team UN Building 14th Floor Ratchadamnern Ave Bangkok 10200 THAILAND Tel: 662-288 1954 Fax: cst_Bangkok.unescap@un.org

Friedrich Ebert Stiftung Turismo Thai Building, 3rd Floor 511 Soi 6, Sri Ayudhaya Road Phayathai, Bangkok 10400 GPO Box 2781 Bangkok 10501 THAILAND Tel: 662 –2 246 7013 Fax: 662- 246 7030 Gabfes@asiaaccess.net.th

Vietnam National Committee for the Advancement of Women in Vietnam 39 Hang Chuoi Hanoi, VIETNAM Tel: 844-971-1350 Fax:844-971-1348/9 adamia@fpt.vn Worldwide Division of the Advancement of Women (DAW) http://www.un.org/womenwatch/daw HR NOW! Human Rights Network on the Web www.codewan.com.ph/hrnow International Women's Rights Action Watch (IWRAW) Hubert Humphrey Institute of Public Affairs University of Minnesota 301-19th Avenue South Minneapolis, MN 55455 USA Tel: 612-625-5093 Fax: 612-624-0068 Web-site: http://www.igc.org/iwraw/ E-mail: iwraw@hhh.umn.edu