Committee
on the Elimination of Discrimination against Women
Thirty-first session
6-23 July 2004
Concluding
comments: Angola
(Advance Unedited Version)
1. The Committee
considered the combined initial, second and third periodic report
and combined fourth and fifth periodic report of Angola (CEDAW/C/AGO/1-3
and CEDAW/C/AGO/4-5) at its 655th and 661st meetings, on 12 and
16 July 2004.
I.
Introduction by the State party
2. In introducing
the combined initial, second and third periodic report and the
combined fourth and fifth periodic report, the representative
noted that, since independence in 1975, Angola had faced many
political and socio –economic setbacks. The war had had
a devastating impact on the socio –economic infrastructure
of the country and, in particular, on the lives of women. The
war had produced over four million internally displaced persons
and more than 300,000 refugees in neighbouring countries, 80
per cent of whom were women and children. The majority of Angola’s
population lived in conditions of extreme po verty with limited
access to education, health care, water, electricity and sanitation.
Women’s lives were characterized by high levels of maternal
and child mortality, malnutrition, illiteracy, poverty, violence,
lack of resources, unemployment in the formal sector and a high
rate of participation in the informal economy. Since the signing
of the Luena Agreement in 2000, which had brought peace to the
country, the Government had taken new initiatives to improve
the living condition of the population.
3. The representative
stressed that the Government had undertaken important measures
to address resource, institutional and socio -political constraints
in order to progressively comply with its obligations under
the Convention. Angola had formally acknowledged women’s
right to equality in its Constitution and had promulgated legislation
to address the social, economic, legal and political aspects
of gender parity and discrimination against women, including
in the family and in labour codes, as well as in legislative
provisions related to HIV/AIDS, nationality, the elimination
of all forms of violence against women and the exploitation
of women, including trafficking and prostitution. The representative
acknowledged that the practical application of these provisions
had been largely ineffective.
4. The State
secretariat for the promotion and development of women, created
in 1991 had been upgraded to a Cabinet -based Ministry in 1997.
In addition to its responsibility for the formulation and implementation
of national policy on the rights of women, focal points existed
in most other ministries to mainstream gender in government
policies, programmes and projects. One of these programmes sought
to eradicate gender-based poverty through the provision of counselling,
legal aid, microcredit and other interventions for rural women.
5. In the
areas of health and education, the Government had prioritized
the rehabilitation of infrastructure and training. Resources
were being assessed to remedy the high rates of maternal and
infant mortality, malnutrition, illiteracy and limited access
to water and sanitation. Households headed by women were most
affected by HIV/AIDS and other sexually transmitted diseases.
The strategic plan on reproductive health and the national plan
for education for all to the year 2015 was expected to address
the specific needs of women and girl children and to ensure
that women could benefit from both formal and non -formal education.
6. The representative
indicated that in the field of employment some discriminatory
attitudes towards young women existed in private enterprises.
Despite a non -discriminatory labour law, the public sector
was comprised of 60 percent men and 40 per cent women. Unemployment
rates were higher among women, and women worked predo minantly
in the informal sector where they operated their own businesses.
7. The representative
noted women’s participation in decision -making was slowly
being promoted, as few women were represented in political and
public life. Three out of 30 ministers were currently women,
as were 5 out of 40 vice -ministers. Thirty -six out of 220
members of Parliament were women, while 6 of 66 ambassadors
were women. While some Angolan women worked for regional institutions,
no Angolan women were currently represented in international
arenas.
8. The representative
underlined the Government’s awareness of the challenges
faced in the implementation of its obligations under the Convention.
Women’s rights were affected by societal changes and had
to be protected through civil, political, social and legal measures.
9. In concluding,
the representative conveyed a message from the President of
Angola, in which he reiterated the Government’s commitment
to the realization of women’s advancement and full gender
integration and to the creation of necessary conditions for
their well-being and security through the implementation of
policies and programmes. The President also highlighted the
need to prioritize women in social policies, the importance
of equal opportunities for women in the fields of assistance,
education, training and employment and stated that Angola planned
to adopt legislation to combat violence against women.
II.
Concluding comments of the Committee
Introduction
10. The
Committee commends the State party for ratifying the Convention
without reservations and expresses its appreciation to the State
party for its combined initial, second and third periodic report
and its combined fourth and fifth periodic report, which were,
however, long overdue.
11. The
Committee congratulates the State party for sending a high-level
delegation headed by the Vice -Minister of Family and Promotion
of Women. It appreciates the frank and constructive dialogue
that took place between the members of the Committee and the
delegation, which provided further insights into the real situation
of women in Angola.
12. The
Committee notes that nearly 30 years of civil war in Angola
resulted in the destruction of the socio -economic infrastructure,
over four million internally displaced persons and refugees,
a considerable increase in households headed by women and the
majority of the population living in extreme poverty.
13. The
Committee notes with satisfaction that the reports provide information
about action taken by the Government in the follow-up to the
Fourth World Conference on Women, held in Beijing in 1995, and
the twenty -third special session of the General Assembly in
2000.
14. The
Committee welcomes the political will and commitment, expressed
in the message by the President of Angola to the Committee and
during the constructive dialogue, to the realization of the
de facto equality for women and the full implementation of the
provisions of the Convention, and to further improve on progress
achieved so far in some areas.
15. The
Committee welcomes the creation, in 1991, of the State secretariat
for the promotion and development of women, which was upgraded,
in 1997, to the Ministry of Family and Promotion of Women, with
a mandate to define and implement the national policy for the
promotion of the rights of women in both public and private
sphere. It also welcomes the establishment of gender focal points
in all ministries and departments at central and local levels.
16.
The Committee commends the State party for enacting a number of
laws and adopting strategic plans in support of the goal of gender
equality and the implementation of the provisions of the Convention,
including the Family Code, the 2004 HIV/AIDS law and the strategic
plan on HIV/AIDS; the General Labour Law of 2000; the strategic
plan on sexual and reproductive health (2003 -2008); and the national
plan for education for all to the year 2015. It further welcomes
the strategy and strategic framework for the promotion of gender
by the year 2005, developed after the special session of the General
Assembly entitled “Women 2000: gender equality, development
and peace for the twenty -first century” (“Beijing
plus 5”), approved by the Cabinet in November 2001.
Principal
areas of concern and recommendations
17. The
Committee is concerned that the Convention has not yet been
domesticated as part of Angolan law. It notes that, short of
such full domestication, the status of the Convention vis-à-vis
domestic law is not clarified, nor is it clear if the Convention
is justiciable and enforceable in Angolan courts. The Committee
also notes with concern that the provisions of the Convention
have not yet been widely disseminated nor are they widely known
by judges, lawyers and prosecutors. The Committee is further
concerned about the lack of proper understanding of and respect
for women’s human rights and that women themselves are
not made aware of their rights, and thus lack the capacity to
claim them.
18. The
Committee recommends that the State party take immed iate measures
to ensure that the Convention becomes fully applicab le in the
domestic legal system. It calls on the State party to ensure
that the Convention and related domestic legislation are made
an integral part of legal education and the training of judicial
officers, including judges, lawyers and prosecutors, so as to
establish firmly in the country a legal culture supportive of
women’s equality and non-discrimination. It also calls
on the State party to disseminate the Convention widely to the
general public so as to create awareness of women’s human
rights. It invites the State party to take special measures
to enhance women’s awareness of their rights and legal
literacy so that they can claim all their rights.
19. The
Committee expresses concern that, while article 18 of the Angolan
Constitution guarantees equality between women and men and prohibits
discrimination on the basis of sex, it does not contain a definition
in line with article 1 of the Convention .
20. The
Committee urges the State party, as part of its current constitutional
review process, to undertake a comprehensive national dialogue
on women’s rights to equality and non-discrimination and
to enshrine in the Constitution a definition of equality and
non -discrimination against women, in line with article 1 of
the Convention, so as to create a solid constitutional basis
for the practical realization of women’s de facto equality.
21. While
noting the existing positive elements for the protection and
promotion of women’s human rights in th e current legal
framework, the Committee is concerned about other legislative
provisions that discriminate against women, including in the
Civil Code, the Commercial Code and the Penal Code, as well
as about legislative gaps in certain areas, including vio lence
against women.
22. The
Committee calls on the State party to embark on a law review
process to identify laws that discriminate against women or
legislative gaps in the area of equality between women and men
with a view to revising such laws or drafting new legislation
in order to eliminate provisions that are discriminatory.
23. The
Committee is concerned at the strong persistence of patriarchal
attitudes and deep -rooted stereotypes regarding the role and
responsibilities of women and men in society, which are discriminatory
to women. The Committee is concerned that the preservation of
discriminatory cultural practices and traditional attitudes
serve to perpetuate women’s subordination in the family
and society and constitute serious obstacles to wome n’s
enjoyment of their human rights.
24. The
Committee urges the State party to view culture as a dynamic
aspect of the country’s social fabric and life, and subject,
therefore, to change. It urges the State party to introduce
measures without delay to mo dify or eliminate cultural practices
and stereotypes that discriminate against women, in conformity
with articles 2(f) and 5(a) of the Convention, and ensure that
women’s rights to non-discrimination and equality set
forth in the provisions of the Convention prevail. It urges
the State party to undertake such efforts in collaboration with
civil society organizations, women’s groups and community
leaders, as well as teachers and the media. It invites the State
party to increase its efforts to design and impl ement comprehensive
education and awarenessraising programmes targeting women and
men at all levels of society, with a view to creating an enabling
and supportive environment to transform and change discriminatory
stereotypes and allowing women to exercise their human
rights.
25. While
recognizing the efforts undertaken by the State party aimed
at the reconstruction of the country and its socio -economic
fabric after the long years of armed conflict, including repatriation,
rehabilitation and resettlement of refugees and internally displaced
persons, the majority of whom are women, the Committee is concerned
that the widespread poverty among women and the poor socio -
economic conditions are among the causes of the violation of
women’s human rights and discrimination against them.
The Committee is especially concerned about the situation of
women in rural areas, women heads of households, women refugees
and internally displaced women returning to their places of
origin or migrating to the cities, who often lack access to
health, education, services and means and opportunities for
economic survival.
26. The
Committee urges the State party to make the promotion of gender
equality an explicit component of all its national development
strategies, policies and prog rammes, in particular those aimed
at repatriation, rehabilitation and resettlement, as well as
those aimed at poverty alleviation and sustainable development.
It urges the State party to pay special attention to the needs
of rural women, women heads of household, refugee women and
internally displaced women, ensuring that they participate in
decision-making processes and have access to health, education,
services and income –generation projects. The Committee
also invites the State party to place emphasis on the promotion
and protection of women’s human rights in all development
cooperation programmes with international organizations and
bilateral donors so as to address the socio-economic causes
of discrimination against women.
27. While
welcoming the upgra ding of the national machinery for women
to the level of Ministry, headed by a Cabinet Minister, the
Committee is particularly concerned that it suffers from inadequate
human and financial resources, which prevent it from carrying
out its functions effectively in promoting the advancement of
women and gender equality.
28. The
Committee recommends that the State party expeditiously strengthen
the existing national machinery and provide it with adequate
human and financial resources at all levels, including training
and capacity-building for the gender focal points in sectoral
ministries and departments, in order to increase its effectiveness
in mainstreaming gender perspectives in all policies and programmes
and in promoting women’s human rights.
29. While
it commends the State party for recognizing the gravity and
extent of the problem of violence against women and girls and
its ongoing efforts to combat such violence, including in cooperation
with non -governmental organizations, the Committee is concerned
about the lack of specific legislation on violence against women,
including on domestic violence, as well as the lack of adequate
policies, programmes and services and their effective implementation
and enforcement. The Committee is also concerned about th e
attitude of law enforcement officers towards women who report
cases of violence, which results in women victims’ reluctance
to report such cases of abuse.
30. The
Committee urges the State party to place high priority on putting
comprehensive measures in place to address all forms of violence
against women and girls, recognizing that such violence constitutes
a violation of the human rights of women under the Convention
and further elaborated in the Committee’s general recommendation
19 on violence against women. The Committee calls on the State
party to enact legislation on violence against women, including
on domestic violence and sexual abuse, as soon as possible so
as to ensure that violence against women constitutes a criminal
offence, that women and girls victims of violence have access
to immediate means of redress and protection and that perpetrators
are prosecuted and punished. The Committee recommends that the
State party intensify its public awareness - raising efforts
on violence against women and implement training for public
officials, especially police and law enforcement personnel,
the judiciary and health and social workers and community leaders
in order to ensure that they are sensitized to the unacceptability
of all forms of violence against women and adequately support
victims of such violence. The Committee also recommends that
the State party take appropriate measures to increase the availability
of legal aid throughout the country in order to assist and advise
women victims of violence.
31. The
Committee expresses concern over the fact that the number of
women in decision -making positions remains low in political
and public life, including in the National Assembly, the civil
service and the judiciary. It is also concerned at the low representation
of women in decision -making positions in the national foreign
service.
32. The
Committee recommends that the State party undertake measures
to increase the number of women in decision-making positions
in all spheres, in accordance with its gener al recommendation
23 on women in political and public life, including in the National
Assembly, in political parties, the judiciary and the civil
service, including the foreign service. It also recommends that
the State party introduce temporary special measures, in accordance
with article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25 on temporary special measures, and
to establish concrete goals and timetables to accelerate women’s
equal participation in public and political life. The Committee
urges the State party to implement training programmes to encourage
women to participate in public life. It also calls on the State
party to implement awareness-raising campaigns to highlight
the importance to society as a whole of women’s full and
equal participation in leadership positions at all levels of
decision-making for the development of the country, especially
at a time of rebuilding and reconstruction after the long war.
33. The
Committee is concerned that prostitution continues to thrive,
owing to the poverty of women and girls. The Committee is also
concerned about the exploitation of prostitutes, especially
of young girls, and the lack of information about the efforts
to combat this phenomenon. It is also concerned at the lack
of information about the extent of trafficking in women and
measures taken to address this issue.
34. The
Committee urges the State party to pursue a holistic approach
in order to provide women and girls with educational and economic
alternatives to prostitution, to facilitate the reintegration
of prostitutes into society and to provide rehabilitation and
economic empowerment programmes to women and girls exploited
in prostitution. The Committee further calls on the State party
to take appropriate measures to suppress the exploitation of
prostitution of women, including through the discouragement
of the demand for prostitution. The Committee requests that
the State party provide information and data on measures taken
to combat this phenomenon in its next report. It also requests
the State party to provide in its next report detailed information
on trafficking in women and measures taken, including legislation,
to prevent trafficking, protect victims and punish traffickers,
as well as on the impact of such measures.
35. The
Committee is concerned at the poor educational infrastructure,
as reflected n the very low budgetary allocation; the lack of,
or insufficient number of, schools and teachers; and the poor
quality of education. The Committee is concerned that these
shortcomings result in a high rate of illiteracy among girls
and women, their low enrolment rates in primary, secondary,
vocational and higher education, in both urban and rural areas,
and in their high drop out rates. The Committee notes that education
is a key to the advancement of women and that the low level
of education of women and girls remains one of the most serious
impediments to their full enjoyment of human rights and the
achievement of women’s empowerment.
36. The
Committee urges the State party to increase its investment in
education as a fundamental human right and as a basis for the
empowerment of women. It recommends that the State party continue
and further prioritize efforts to: improve the literacy level
of girls and women; ensure equal access of girls and women to
all levels of education in both urban and rural areas; increase
the enrolment rates for girls; and take measures to retain girls
in school, including through temporary special measures in accordance
with article 4, paragraph 1, of the Convention and its general
recommendation 25, so as to implement article 10 of the Convention.
37. The
Committee expresses concern at the insufficient information
about women’s de facto situation in the formal and informal
labour market. In particular, the Committee lacks a clear picture
with regard to women’s participation in the labour force
in urban and rural areas, their unemployment rates, and the
effective application of existing labour legislation in the
private sector, the vertical and horizontal labour force segregation
and women’s ability to benefit from new economic opportunities.
38. The
Committee urges the State party to ensure equal opportunities
for women and men in the labour market, in accordance with article
11 of the Convention, and the full implementation of the provisions
of the General Labour Law by the public and private sectors,
including with regard to maternity protection, as provided in
article 4, paragraph 2 of the Convention. The Committee urges
the State party to intensify its efforts to ensure that all
employment-generation programmes are gender sensitive and that
women can fully benefit from these programmes. It calls on the
State party to provide in its next report detailed information
about the situati on of women in the field of employment and
work, about measures taken and their impact on realizing equal
opportunities for women.
39. While
welcoming the priority placed by the State party on the rehabilitation
of the health sector, the Committee is concerned about the poor
health infrastructure, which results in women’s lack of
access to health services and their low health status. The Committee
is especially concerned about women’s low life expectancy,
high maternal mortality and morbidity rates, high in fant mortality
rates and inadequate family planning services, low rates of
contraceptive use and lack of sex education. The Committee is
also concerned about trends in HIV/AIDS infection rates of women.
40. The
Committee urges the State party to continue its efforts to improve
the country’s health infrastructure. It calls on the State
party to integrate a gender perspective in all health sector
reforms, while also ensuring that women’s sexual and reproductive
health needs are adequately addressed. In particular, the Committee
recommends that the State party undertake appropriate measures
to improve women’s access to health care and health-related
services and information, including access for women who live
in rural areas. It calls on the State party to improve the availability
of sexual and reproductive health services, including family
planning information to reduce maternal mortality. It also recommends
that programmes and policies be adopted to increase knowledge
of and access to affordable contraceptive methods, so that women
and men can make informed choices about the number and spacing
of children. It further recommends that sex education be widely
promoted and targeted at girls and boys, with special attention
to the prevention of early pregnancies and the control of sexually
transmitted diseases and HIV/AIDS. It also calls on the State
party to ensure the effective implementation of its HIV/AIDS
law and policies.
41. Noting
that the majority of women live in the rural areas, the Committee
is concerned that many live in extreme poverty and lack access
to education and vocational training, health care and income
-generation opportunities. It is particularly concerned that
the State party’s rural development strategy does not
seem to include attention to the situation of rural women.
42. The
Committee urges the State party to ensure that the rights, needs
and concerns of rural women are given greater attention and
visibility in the country’s rural rehabilitation and development
strategy. It also calls on the State party to ensure that rural
women can participate fully in decision-making in the formulation
and implementation of policies and programmes in rural areas.
It urges the State party to ensure that rural women and girls
have full access to health-care services, education and vocational
training, as well as to income-generation opportunities.
43. The
Committee is concerned that the report did not contain sufficient
sexdisaggregated data in all the areas covered by the Convention.
It is also concerned at the lack of studies to accurately assess
the real situation of women and the impact of past programmes
on gender equality.
44. The
Committee requests the State party to provide sex –disaggregated
statistical data and analysis in its next report. It als o urges
the State party to include monitoring and assessment mechanisms
in all its policies and programmes so as to be able to assess
their impact on the intended goal and to undertake corrective
measures. It requests the State party to include insights gained
from such studies and analysis in its next report.
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,
concerni ng the meeting time of the Committee.
46. The
Committee requests the State party to respond to the concerns
expressed in its concluding comments in its next periodic report,
due in October 2007, under article 18 of the Convention.
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 to review and appraise the implementation
of the Prog ramme of Action of the International Conference
on Population and Development (the twenty –first special
session), the special session of the General Assembly on children
(the twenty-seventh special session), the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance
and the Second World Assembly on Ageing, the Committee requests
the State party to include information on the implementation
of aspects of those documents relating to relevant articles
of the Convention in its next periodic report.
48. The
Committee notes that States’ adherence to the seven major
international human rights instruments, i.e. the International
Covenant on Economic, Social and Cultural Rights (CESCR), the
International Covenant on Civil and Political Rights (CCPR),
the International Convention on the Elimination of All Forms
of Racial Discrimination (CERD), the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), the Convention
against Torture and Other Cruel, Inhuma n or Degrading Treatment
or Punishment (CAT), the Convention on the Rights of the Child
(CRC), and the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families
(MWC) enhances the enjoyment by women of their human rights
and fundamental freedoms in all aspects of life. Therefore,
the Committee encourages the Government of Angola to consider
ratifying the treaties to which it is not yet a party, i.e.
the International Convention on the Elimination of All Forms
of Racial Discrimination (CERD), the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), and the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families
(MWC).
49.
The Committee requests the wide dissemination of the present concluding
comments in Angola in order to make the people of Angola, in particular
government officials and politicians, parliamentarians and women’s
nongovernmental organizations aware of the steps that have been
taken to ensure de jure and de facto equality for women and the
future steps required in that regard. It also requests the Government
to disseminate widely, in particular to women’s and human
rights organizations, the Convention and its Optional Protocol,
the Committee’s general recommendations, the Beijing Declaration
and Platform for Action and the results of the twenty -third special
session of the General Assembly, entitled “Women 2000: gender
equality, development and peace in the twenty-first century”.
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