CEDAW/C/2003/I/CRP.3/Add.6/Rev.1
Advance Unedited Copy
31 January 2003 Original: English 03-22666 (E) *0322666*
Committee on the Elimination of Discrimination
against Women
Twenty-eighth session
13-31 January 2003
Draft report
Rapporteur:
Ms. Christine Kapalata
Consideration
of reports of States parties
Albania
Combined
initial and second periodic report
1. The Committee
considered the combined initial and second periodic report of
Albania (CEDAW/C/ALB/1-2) at its 594th, 595th and 605th meetings,
on 16 and 24 January 2003 (see CEDAW/C/SR.594, 595 and 605).
(a) Introduction
by the State party
2. In introducing
the combined initial and second periodic report, the representative
of Albania apologized for the delay in submitting the report but
noted that the preparation of the report had helped the Government
in analysing the situation of women in Albania in reference to
the provisions of the Convention, in formulating new programmes
and in revising existing policies. In describing the situation
of the implementation of the Convention in her country, the representative
said that gender disparit ies had increased in Albania owing to
the country's transition to a market economy in 1991. Although
men and women had equal rights in Albania and women had attained
a high level of education, there was no equal access to resources,
opportunities or benefits. The representative outlined the work
accomplished thus far that had contributed to building gender-equality
awareness and an equal partnership between the State and the women's
movement in Albania, whose role had been very important for the
advancement of women in the country.
3. The representative
stressed that the Constitution of the Republic of Albania, adopted
in 1998, consolidated the main rights and freedoms of human beings,
in conformity with international legal instruments which guaranteed
equal rights for men and women. According to article 18 of the
Constitution, discrimination based2on sex, religious affiliation
or ethnic origin was prohibited. While the ratification of the
Convention in 1993 marked the starting point for integrating international
legal standards into domestic law, current practice did not provide
for mechanisms that would ensure that women had equal opportunities
with men.
4. The representative
indicated that the State committee on women and the family, currently
named the Committee for Equal Opportunities, had been established
in 1998 in order to provide institutional support for the promotion
of women's interests, inter alia, implementing government policies
on women's and family issues, coordinating and evaluating programmes
, drafting proposals for new legislation and/or amendments to
existing legislation on family and women's rights in accordance
with international standards, and supporting the activities of
nongovernmental organizations (NGOs) in regard to women and the
fa mily.
5. The representative
added that the State Committee for Equal Opportunities, as a key
instrument for the promotion of the advancement of women within
the Government, coordinated those efforts not only with sectoral
ministries, administrative structu res, local governments and
NGOs but also with international organizations.
6. The representative
pointed out that, despite efforts undertaken thus far by the Government,
many obstacles remained, in particular the low representation
of women in governance structures, which limited their contribution
to shaping and managing the democratic development of the country.
In fact, during the structural adjustment process, women, as the
main employees in the social sector, lost more jobs than men,
bringing the unemp loyment rate for women up to 20 per cent compared
with an unemployment rate for men of 14 per cent. 7. The representative
added that, given the fact that the majority of men had never
taken their full share of domestic responsibilities, the closure
of crèches and kindergartens and the abolition of other
supportive social services had imposed a double burden on women's
time, which limited their opportunities to struggle for the exercise
of their existing rights.
8. The National
Platform for the Advancement of Women in Albania, implemented
by the State in partnership with women NGOs and the contribution
of the donor community as an instrument for the implementation
of the Beijing Platform for Action, had thus far contributed to
the promotion of women's participation in decision -making, the
establishment of microfinance programmes for rural women, advocacy
for gender-related activities and awareness of women's rights
in the country.
9. Certain
challenges remained in establishing effective implementation and
monitoring mechanisms that would ensure strategic planning, obtaining
adequate financing for the activities of the Beijing Platform
for Action and influencing societal attitudes that hindered the
advancement of women.
10. Among
the positive existing trends, the representative pointed out the
revision of textbooks to incorporate a gender perspective, the
efforts being made to establish a gender institute within the
faculty of Sociology at Tirana University, the awareness among
political parties of the need to increase women's participation
in decisionmaking, including the introduction of a quota system
in electoral law, and the importance of gender mainstreaming as
a new strategy for achieving gender equality.
11. In concluding,
the representative of Albania ind icated that, despite the efforts
made in implementing the Convention, the Government was conscious
of the fact that much more needed to be done to enhance and promote
the enjoyment of women's rights in practice. Therefore, the Government
of Albania was committed to implementing the recommendations of
the Committee as a useful guide towards further and better programmes
for the advancement of women in Albania.
(b) Concluding
comments of the Committee
Introduction
12. The Committee
commends the State party for its combined initial and second periodic
report, which, although delayed, complies with the Committee's
guidelines for the preparation of initial reports.
13. The Committee
commends the State party for its delegation, which was headed
by the Chairperson of the Committee for Equal Opportunities, and
expresses appreciation for the open and frank presentation by
the delegation, which provided additional information on the current
situation of implementation of the Convention in Albania, and
the responses given to the oral questions posed by members of
the Committee.
14. The Committee
notes with satisfaction that governmental action to implement
the Convention, including the National Platform on Women's Advancement,
is placed within the context of the implementation of the Beijing
Platform for Action and the outcome document of the twenty-third
special session of the General Assembly, entitled "Women
2000: gender equality, development and peace for the twenty-first
century".
Positive
aspects
15. The Committee
welcomes the fact that Albania acceded to the Convention in 1994
without reservations. The Committee commends the efforts of the
State party to have the Convention translated into Albanian and
disseminated.
16. The Committee
welcomes the early establishment of a national machinery for the
advancement of women and gender equality and the establishment
of the Office of the People's Advocate (Ombudsman), which may
investigate claims of violations of human rights, including women's
rights, and make recommendations to redress the violations.
17. The Committee
welcomes the efforts undertaken by the State party to improve
the collection of data and statistics on women and the establishment
of the Information and Documentation Centre as well as its cooperation
with the national institute for statistics. It also welcomes the
decision to implement specific employment programmes for women
in the second half of 2003.
Principal
areas of concern and recommendations
18. While
noting with satisfaction that, in principle, the Convention is
incorporated into Albanian law and thus has precedence over conflicting
national laws in those provisions of the Convention which are
deemed to be directly applicable, the Committee is nevertheless
concerned about the lack of clarity regarding the direct applicability
of the Convention in Albania.
19. The Committee
urges the State party to clarify the issue of the direct applicability
of the Convention within the national legal order of Albania.
20. While
noting that the Constitution and a number of laws prohibit discrimination
on the basis of sex, the Committee expresses concern that the
State party has not undertaken a comprehensive review of laws
to ensure conformity with the Convention and that some provisions
discriminating against women may continue to exist.
21. The Committee
urges the State party to review all existing laws and amend remaining
discriminatory provisions so that they become compatible with
the Convention and the Committee's general recommendations. It
encourages the speedy adoption of the Family Code under revision,
including the provision for equality between women and men in
the minimum age of marriage.
22. The Committee
is concerned that women have seldom used existing laws to challenge
acts of discrimin ation and that there is no record of court decisions
in which women have obtained redress for such acts.
23. The Committee
urges the State party to ensure that Albanian law provides adequate,
accessible and affordable enforcement procedures and legal remedies
for violation of women's human rights. The Committee invites the
State party to provide, in its next report, information about
complaints filed in courts on the basis of the Convention, as
well as any court decisions that refer to the Convention.
24. The Committee
is concerned that there is a lack of familiarity with the Convention
and the opportunities for its application and enforcement, including
among the judiciary, law enforcement personnel, non-governmental
human rights and women's organizations and women themselves.
25. The Committee
recommends the introduction of education and training programmes
on the Convention, in particular for parliamentarians, the judiciary
and law enforcement personnel. It recommends that awarenessraising
campaigns targeted at women be undertaken so that women avail
themselves of procedures and remedies for violations of their
rights under the Convention.
26. While
welcoming the efforts of the Committee for Equal Opportunities,
the Committee expresses its concern that the national machinery
for the advancement of women does not have sufficient visibility,
power or financial and human resources to effectively promote
the advancement of women and gender equality.
27. The Committee
recommends that the State party strengthen the existing national
machinery in order to make it more effective by providing it with
adequate visibility, power and human and financial resources at
all levels and enhancing coordination among the existing mechanisms
at the national and local levels for the advancement of women
and the promotion of gender equality. It also recommends that
gender mainstreaming in all ministries, policies and programmes
be strengthened through gender training and the creation of focal
points.
28. The Committee
is concerned about the persistence of entrenched traditional stereotypes
regarding the role and responsibilities of women and men in the
family and in society at large. The Committee is also concerned
about the resurgence of discriminatory customary law (kanun) and
traditional codes of conduct in some northern areas of the country.
29. The Committee
urges the State party to implement measures to eliminate the practice
of customary law and traditional codes of conduct discriminating
against women. The Committee further urges the State party to
design and implement comprehensive programmes in the educational
system to ensure eradication of traditional sex role stereotypes
in the family, in employment, in politics and in society. The
Committee recommends that the State party encourage the mass media
to promote cultural changes with regard to the roles and responsibilities
attributed to women and men, as required by article 5 of the Convention.
30. Recognizing
the efforts made by the State party to address the issue of trafficking
in women and girls, including the ratification of the United Nations
Convention against Transnational Organized Crime and its Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, the Committee remains concerned about the
continuing prevalence of this problem in Albania, which has become
a country of origin and transit for trafficked women and girls.
It is concerned that victims of trafficking are subject to punishment
under the Albanian Penal Code. It is also concerned that prostitutes,
but not those who exploit prostitutes, are prosecuted and punished.
31. The Committee
recommends the formulation of a comprehensive strategy to combat
trafficking in women and girls, which should include the prosecution
and punishment of offenders. The Committee also encourages the
State party to pursue increased international, regional and bilateral
cooperation with other countries of origin, transit and destination
for trafficked women and girls. It recommends the introduction
of measures aimed at improving the economic situation of women
so as to eliminate their vulnerability to traffickers, education
initiatives for vulnerable groups, including teenage girls, and
social support, rehabilitation and reintegration measures for
women and girls who have been victims of trafficking. It calls
on the State party to ensure that trafficked women and girls have
the protection and support they need to enable them to provide
testimony against their traffickers. It urges that training of
border police and law enforcement officials provide them with
the requisite skills to recognize and provide support for victims
of trafficking. It recommends that the State party review existing
legislation and take steps to ensure that victims of trafficking
are not penalized and that all those who exploit prostitutes are
punished and prosecuted. The Committee further urges the State
party to make the issue of trafficking in women and girls a high
priority and to include in its next report comprehensive information
and data on the issue and on progress made on this issue.
32. The Committee
expresses concern about the high incidence of violence against
women, including domestic violence. The Committee is concerned
that the Albanian Penal Code does not distinguish between acts
committed by a stranger and acts committed by a family member,
and that no specific legislation has been enacted to combat domestic
violence. It is concerned that there is a lack of systematic data
collection on violence against women, in particular domestic violence.
33. In light
of its general recommendation 19, the Committee urges the State
party to place high priority on comprehensive measures to address
violenceagainst women in the family and in society, and to recognize
that such violence, including domestic violence, constitutes a
violation of the human rights of women under the Convention. The
Committee calls upon the State party to adopt legislation on domestic
violence and to ensure that violence against women is prosecuted
and punished with the required seriousness and speed. Women victims
of violence should have immediate means of redress and protection,
including protection orders and access to legal aid. The Committee
recommends that measures be taken to provide shelters for women
victims of violence in sufficient numbers and to ensure that public
officials, especially law enforcement officials, the judiciary,
health-care providers and social workers, are fully sensitized
to all forms of violence against women. The Committee recommends
that the State party devise a structure for systematic data collection
on violence against women, including domestic violence. The Committee
invites the State party to undertake awareness-raising measures
through the media and public education programmes to make such
violence socially and morally unacceptable.
34. The Committee
is concerned about the higher unemployment rate among women than
among men. The Committee is concerned that women are not able
to receive adequate training and retraining to compete in the
job market. The Committee is concerned about discrimination in
hiring women, especially in the emerging private sector.
35. The Committee
urges the State party to ensure equal opportunities for women
and men in the labour market through, inter alia, the use of temporary
special measures in accordance with article 4, paragraph 1, of
the Convention.The Committee recommends that the State party design
and implement special training and retraining programmes for different
groups of unemployed women. It also recommends that effective
measures allowing for the reconciliation of family and professional
responsibilities be strengthened and that the sharing of domestic
and family responsibilities between women and men be promoted.
The Committee requests the State party to provide in its next
report more detailed information on the situation of women in
the labour market, including women's occupations in the different
sectors of the economy, their levels of authority and their wages.
36. The Committee
is concerned about the situation of rural women, as the majority
of the female population, who are discriminated against in practice
with respect to owning and inheriting property, and who are disadvantaged
by poverty, poor infrastructures, lack of credit, and limited
access to education, health -care services and social insurance.
Noting the decrease in the school dropout rate of girls, the Committee
remains concerned about this continuing problem. The Committee
is also concerned that rural women are hardly represented in local
government bodies.
37. The Committee
urges the State party to give full attention to the needs of rural
women and to develop comprehensive policies and programmes aimed
at their economic empowerment, ensuring their access to productive
resources, capital and credit, as well as education, health-care
services, social insurance and decision-making. The Committee
requests the State party to undertake a study of the ownership
and inheritance of land by rural women and of their general economic,
educational and social situation, and to report the results in
its next periodic report.
38. While
welcoming the use of minimum targets for women candidates by some
political parties in local elections, the Committee is concerned
about the low representation of women in high-level elected and
appointed bodies, including as members of Parliament, as high
-ranking officials within the executive bodies of the Government,
the judiciary and civil and diplomatic service, and within local
government bodies.
39. The Committee
urges the State party to take measures, including improvements
in the election law, to increase the representation of women in
elected and appointed bodies through, inter alia, the implementation
of temporary special measures, in accordance with article 4, paragraph
1, of the Convention, in order to realize women's right to participation
in all areas of public life, particularly at high levels of decision-making.
The Committee recommends that the State party increase its efforts
in offering or supporting training programmes for current and
future women leaders and carry out awareness-raising campaigns
regarding the importance of women's participation in political
decision-making.
40. While
welcoming the State party's collaboration with and recognition
of the important role of non-governmental organizations working
on women's issues, the Committee notes with concern the insufficient
capacity and resources of these organizations, which makes it
difficult for them to implement various projects and programmes
in support of the human rights of women. The Committee is also
concerned that the State party passes on its own responsibilities
for protecting and fulfilling women's enjoyment of their human
rights to non-governmental organizations and international donors.
41. The Committee
recommends that the State party strengthen its support for the
work of women's non-governmental organizations and ensure that
its obligations under the Convention are fully integrated into
its overall governmetal res ponsibilities and not carried out
by non-governmental organizations alone.
42. The Committee
urges the State party to accept the amendment to article 20, paragraph
1, of the Convention, concerning the meeting time of the Committee.
43. The Committee
encourages the State party to ratify the Optional Protocol to
the Convention.
44. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing), the Committee requests the State party
to include information on the implementation of aspects of these
documents relating to relevant articles of the Convention in its
next periodic report.
45. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
to be submitted under article 18 of the Convention. It also requests
that the report address the general recommendations of the Committee
and provide information on the impact of legislation, policies
and programmes designed to implement the Convention.
46. The Committee
requests that the present concluding comments be widely disseminated
in Albania in order to make the people of Albania, in particular
government officials and politicians, aware of the steps that
have been taken to ensure the de jure and de facto equality of
women and the further steps required in this regard. It also requests
the State party to continue to disseminate widely, in particular
to women's and human rights organizations, the Convention, its
Optional Protocol, the Committee's general recommendations and
the Beijing Declaration and Platform for Action, as well as the
results of the twenty-third special session of the General Assembly,
entitled "Women 2000: gender equality, development and peace
for the twenty first century".
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