CEDAW/C/DZA/CC/2
15 February 2005
Original: English/French
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
comments: Algeria
1. The Committee
considered the second periodic report of Algeria (CEDAW/C/DZA/2)
at its 667th and 668th meetings, on 11 January 2005 (see CEDAW/C/SR.667
and 668).
Introduction
by the State party
2. In his
introduction, the representative of Algeria stated that the situation
in his country in 2005 was not the same as it had been in 1999,
when the initial report had been submitted. Algeria had endured
a long decade of ordeals in terms of terrorist crime, of which
women were among the main targets. With the policy of civil concord
which had accelerated the normalization of the security situation,
terrorism — on the decline — today no longer constituted
a serious threat to the country’s institutions and people.
3. The principle
of equality between women and men was guaranteed by the Constitution
and various legal codes. For example, no legislative or regulatory
provision prohibited or restricted participation by women in political
life. There had been an increase in the number of women candidates
in the 2002 elections. Thanks to the abolition of proxy voting,
the decline in terrorist violence and women’s determination
to affirm their citizenship by exercising the vote, significant
numbers of women had taken part in the recent presidential election.
It should also be noted that, although the number of women elected
to office remained small, there had been a considerable increase
in the number of women in senior civil service posts.
4. Free and
compulsory education without discrimination on the basis of gender
was fundamental to women’s emancipation. The percentage
of young women attending institutes, senior schools and universities
had increased from 39.5 per cent in 1990 to 55.4 per cent in 2003.
Textbooks had been revised. Social and cultural attitudes were
gradually changing and negative attitudes towards women along
with stereotypes of them were declining.
5. In the
field of labour and economic emancipation, the number of women
in paid employment had grown considerably, including in rural
areas, although the overall percentage remained low. Women were
well represented in teaching, education, medicine, pharmacy and
the judiciary. The principle of gender equality was applied in
the areas of social security and pensions. Maternal and childcare
services were well developed. The representative noted that family
planning policies had increased women’s life expectancy
by two years, reduced infant and maternal mortality and cut the
fertility rate for couples.
6. Domestic
violence was no longer a taboo subject. The availability of information
on that issue had improved and counselling centres had been established
for abused women. The offence of sexual harassment had been incorporated
into the revised Penal Code and victims were now able to assert
their rights. The Government had invited the Special Rapporteur
on violence against women to visit Algeria.
7. The changes
which had taken place in society and the ratification of international
agreements, such as the Convention on the Elimination of All Forms
of Discrimination against Women, made it necessary to revise the
Family Code. On 8 March 2004, the President of the Republic had
requested the Government to take the necessary steps to bring
the national legislation into line with developments in international
law and to review the appropriateness of the reservations that
Algeria had entered when it ratified the Convention.
8. The Code
of Algerian Nationality was being revised to address the grievances
expressed by Algerian society and to bring the relevant legislation
into line with international conventions ratified by Algeria.
A draft law had been submitted by the Government to amend and
complement the Code and to enshrine the principle of gender equality.
9. The representative
of Algeria said that the Family Code, the basic instrument governing
family relationships, had remained unchanged since 1984 and a
revision had therefore become necessary. In 2003, the President
of the Republic had initiated a revision designed to strengthen
the legal mechanism currently in force so as to enable women to
free themselves from social constraints and to fully and effectively
enjoy the rights guaranteed by the Constitution. The revision
of the Family Code and the Code of Algerian Nationality should
make it possible to consider lifting most of the reservations
that Algeria had entered when it ratified the Convention. The
amendments set at 19 years the age at which both men and women
could lawfully be married. They also provided for mutual consent
to marriage, the abolition of legal guardianship and a revision
of divorce laws to ensure better protection for children.
10. In conclusion,
Algeria was firmly committed to modernity and progress and attached
great importance to gradually bringing its national legislation
into line with the provisions of the Convention.
Concluding
comments of the Committee
Introduction
11. The Committee
expresses its appreciation to the State party for its second periodic
report, for the written replies to the list of issues and questions
raised by the pre-session working group and for the oral presentation
made in response to the questions posed by the Committee.
12. The Committee
welcomes the State party’s delegation, made up of representatives
of different ministries with responsibility for several areas
of the Convention, and appreciates the constructive dialogue held
between the delegation and the members of the Committee.
Positive
aspects
13. The Committee
appreciates the progress achieved in the area of women’s
health, including the decrease in maternal and infant mortality
and the increase in women’s life expectancy.
14. The Committee
notes with satisfaction the increase in women’s enrolment
in institutions of higher learning, from 39.5 per cent in 1990
to approximately 55.4 per cent in 2003. It also appreciates that
girls now comprise 57.53 per cent of students in secondary education.
15. The Committee
welcomes the increasing number of women in the judiciary, who
now account for approximately one third of magistrates, and in
leadership posts, such as the presidency of the State Council,
courts and tribunals.
16. The Committee
notes the improvement in women’s participation in public
life and welcomes the inclusion of four women ministers in the
current Government.
17. The Committee
commends the State party for including the offence of sexual harassment
in the revised Penal Code.
Principal
areas of concern and recommendations
18. The Committee
notes the State party’s obligation for the systematic and
continuing implementation of all the provisions of the Convention.
At the same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls upon the State party to focus on those areas
in its implementation activities and to report on action taken
and results achieved in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
19. The Committee
regrets that the State party has not taken adequate steps to implement
the recommendations in regard to some concerns raised in its previous
concluding comments adopted in 1999 (A/54/38/Rev.1). In particular,
the Committee finds that its concern about the consequences of
the physical violence suffered by women from terrorist groups,
contained in paragraph 77, and the situation of wives of disappeared
persons, contained in paragraph 81, have been insufficiently addressed.
20. The Committee
reiterates these concerns and recommendations and urges the State
party to implement the recommendations without delay, as well
as to undertake comprehensive studies on the effects of terrorism
on women and girls.
21. While
noting that the Constitution, in its articles 29 and 31, stipulates
equality before the law without discrimination, including on the
basis of sex, the Committee is concerned that the State party’s
legislation does not contain a definition of discrimination in
accordance with article 1 of the Convention, nor provisions on
equal rights of women in line with article 2 (a) of the Convention.
22. The Committee
recommends that a definition of discrimination in line with article
1 of the Convention, as well as provisions on the equal rights
of women in line with article 2 (a) of the Convention, be included
in the Constitution or in other appropriate legislation.
23. The Committee
reiterates its concern that the State party continues to have
reservations to articles 2, 9(2),15(4), and 16. The Committee
notes that reservations to articles 2 and 16 are contrary to the
object and purpose of the Convention.
24. The Committee
urges the State party to expedite legislative reform, especially
of the Family Code, to allow it to proceed to withdraw its reservations
to the Convention within a concrete time frame.
25. The Committee
is concerned about the lack of progress in revising discriminatory
legislation. In particular, it expresses concern that the revision
of the Code of Algerian Nationality established by Order 70-86
of 15 December 1970 and of the 1984 Family Code has not been completed,
thus allowing for the persistence of discriminatory provisions
that deny women equal rights with men concerning the transmission
of nationality, as well as on issues related to marriage and family
life, including divorce and child custody. It also expresses concern
that the proposed amendments to the Family Code do not include
the abolition of polygamy and of women’s legal guardianship.
26. The Committee
urges the State party to place high priority on implementing legislative
reforms and to step up the process of revising the Code of Algerian
Nationality and the Family Code so as to promptly bring them into
line with articles 9 and 16 of the Convention. To this end, the
Committee calls upon the State party to establish a clear time
frame for the review of those laws by the Council of Ministers
and for their submission to the National People’s Assembly
and the Council of the Nation and to increase its efforts to sensitize
public opinion regarding the importance of legal reform.
27. The Committee
is concerned that, although women’s access to justice is
provided for by law, their ability in practice to exercise this
right and to bring cases of discrimination before the courts is
limited.
28. The Committee
requests the State party to remove impediments women may face
in access to justice, including through sensitization about available
legal remedies against discrimination, and to monitor the results
of such efforts.
29. The Committee
observes a lack of results-oriented information in the report,
including sex-disaggregated data.
30. The Committee
recommends the development of a comprehensive data compilation
methodology, and urges the State party to include relevant sex
disaggregated statistics so as to be able to assess the trends
and the impact of programmes on the female population and to include
such data and related analysis in its next periodic report.
31. The Committee
is concerned about the high incidence of violence against women,
including domestic violence, and about the continuing lack of
specific legislation to address and eliminate violence against
women.
32. In the
light of its general recommendation 19, the Committee urges the
State party to give high priority to the formulation and adoption
of legislation on violence against women, including domestic violence,
which is a form of discrimination against women and a violation
of their human rights. The Committee recommends that the State
party implement measures to prevent all forms of violence against
women, including domestic violence, through education and awareness
raising for law enforcement officials, the judiciary, health providers,
social workers and the general public. It also recommends the
introduction of measures to provide medical, psychological and
legal assistance to victims of violence.
33. The Committee
is also concerned that insufficient progress has been made in
achieving de facto equality between women and men in all sectors
and about the State party’s apparent lack of understanding
of the purpose of temporary special measures and the reasons for
their application.
34. The Committee
recommends that the State party take concrete measures, including
temporary special measures in accordance with article 4, paragraph
1, of the Convention and general recommendation 25 in all sectors
to ensure that women enjoy de facto equality with men.
35. The Committee
expresses concern that discriminatory practices and strong stereotypical
attitudes persist about the roles and responsibilities of women
and men in the family and in society, hence negatively affecting
women’s enjoyment of their rights and impeding the full
implementation of the Convention.
36. The Committee
urges the State party to increase its efforts to design and implement
comprehensive awareness-raising programmes to foster a better
understanding of and support for equality between women and men
at all levels of society. Such efforts should aim to change stereotypical
attitudes and traditional norms about the responsibilities and
roles of women and men in the family and society and to strengthen
societal support for equality between women and men.
37. While
welcoming the progress achieved over time in women’s political
participation, the Committee remains concerned about the low level
of representation of women in decision-making positions, particularly
their political representation at all levels and their representation
in the administration and the foreign service.
38. The Committee
encourages the State party to take sustained measures, including
temporary special measures in accordance with article 4, paragraph
1 of the Convention and the Committee’s general recommendation
25, to accelerate the increase in the representation of women
in elected and appointed bodies in all areas of public life. The
Committee also suggests that the State party implement leadership
training programmes and carry out awarenessraising campaigns on
the importance of women’s participation in decision making
and to evaluate the impact of such measures.
39. The Committee
notes the absence of information on the situation of women in
the informal sector and expresses concern that women constitute
only 14.18 per cent of the total employed population.
40. The Committee
requests the State party to undertake studies to assess the situation
of women working in the informal sector and to provide, in its
next report, detailed information in that regard. The Committee
also requests the State party to step up its efforts to address
impediments women face in entering the labour force and to implement
measures to promote the reconciliation of family and work responsibilities
between women and men. The Committee also urges the State party
to use temporary special measures in accordance with article 4,
paragraph 1, of the Convention and general recommendation 25 so
as to accelerate implementation of article 11 of the Convention.
41. The Committee
notes that insufficient information was provided on the situation
of rural women.
42. The Committee
requests the State party to ensure that the needs and concerns
of rural women are fully integrated in the formulation and implementation
of sectoral policies and programmes, and that temporary special
measures in accordance with article 4, paragraph 1 of the Convention
and general recommendation 25, are applied whenever necessary
so as to accelerate the realization of substantive equality of
rural women. The Committee requests that detailed information
on the situation of women in rural areas be provided in its next
periodic report, especially concerning the impact of steps taken.
43. The Committee
is concerned about the apparent lack of cooperation of the authorities
with non-governmental organizations in the implementation of the
Convention including in follow-up to the concluding comments.
The Committee notes with concern that women’s non-governmental
organizations were not consulted in the process of preparing the
report.
44. The Committee
urges the State party to cooperate more effectively with non-governmental
organizations in the implementation of the Convention, including
in the follow-up to the concluding comments. The Committee further
recommends that the State party consult with non-governmental
organizations during the preparation of the next periodic report.
45. The Committee
encourages the State party to ratify the Optional Protocol to
the Convention and to accept, as soon as possible, the amendment
to article 20, paragraph 1, of the Convention concerning the meeting
time of the Committee.
46. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
submitted under article 18 of the Convention. The Committee invites
the State party to submit its third periodic report, which is
due in June 2005, and its fourth periodic report, which is due
in June 2009, in a combined report in 2009.
47. 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 for the overall review and appraisal of the implementation
of the Programme of Action of the International Conference on
Population and Development (twenty-first special session), the
special session of the General Assembly on children (twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing, the Committee requests the State party
to include information on the implementation of aspects of those
documents relating to relevant articles of the Convention in its
next periodic report.
48. The Committee
notes that States’ adherence to the seven major international
human rights instruments, namely, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International Convention on
the Elimination of All Forms of Racial Discrimination, the Convention
on the Elimination of All Forms of Discrimination against Women,
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of the Child
and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, enhances
the enjoyment by women of their human rights and fundamental freedoms
in all aspects of life. Therefore, the Committee encourages the
Government of Algeria to consider ratifying the treaty to which
it is not yet a party, namely, the International Convention on
the Protection of the Rights of All Migrant Workers and Members
of Their Families.
49. The Committee
requests the wide dissemination in Algeria of the present concluding
comments in order to make the people of Algeria including government
officials, politicians, parliamentarians and women’s and
human rights organizations, aware of the steps that have been
taken to ensure de jure and de facto equality for women and the
future steps required in that regard. It also requests the State
party to continue to disseminate widely, in particular to women’s
and human rights organizations, the Convention and its Optional
Protocol, the Committee’s general recommendations and the
Beijing Declaration and Platform for Action, as well as the outcome
of the twenty-third special session of the General Assembly, entitled
“Women 2000: gender equality, development and peace for
the twenty-first century”.
