Committee
on the Elimination of Discrimination
against Women
Thirtieth session
12-30 January 2004
Concluding
comments: Belarus
1. The Committee
considered the combined fourth, fifth and sixth periodic report
of Belarus (CEDAW/C/BLR/4-6) at its 643rd and 644th meetings,
on 23 January 2004 (see CEDAW/C/SR.643 and 644).
Introduction by the State party
2. In introducing the report, the representative of Belarus noted
that the combined report covered the period from 1994 to 2001,
and discussed the National Plan of Action for 1996-2000, the national
programme entitled "Women of the Republic of Belarus"
and institutional and administrative measures to guarantee the
equal rights of men and women. Attention was drawn to new or amended
legislation, including the civil code (1999), the code on marriage
and family (1999) and the labour code (2000). The national gender
policy for 2000-2004 had been based on the concluding comments
adopted by the Committee upon its consideration of the third periodic
report of Belarus. In October 2003, Belarus had adopted a domestic
law on ratification of the Optional Protocol to the Convention.
3. A National Council on Gender Policy had been established under
the Council of Ministers in May 2000. The National Plan of Action
for the period 2001-2005 had been drawn up in accordance with
the Beijing Platform for Action and the concluding comments of
the Committee. Local authorities were entrusted with the development
of special programmes to promote women's employment, protect women's
health and secure their reproductive rights. The further development
of gender statistics allowed for a comparative gender analysis.
The representative highlighted the positive impact of the social
partnership between women's public associations and government
structures on women's status.
4. The share of women in decision-making positions had been growing.
For example, in the 2000-2001 election, the percentage of women
in the National Assembly had increased from 4.5 per cent to 12.7
per cent. Owing to a quota system for the Council of the National
Assembly, women now held 28.1 per cent of the Council's seats.
Women constituted 44.4 per cent of the membership of local councils
in 2003, but that percentage decreased at higher level of decision-making.
5. Unemployed women had access to professional services as well
as psychological and social support, including job fairs, the
employment promotion fund, paid public work and professional training
for marketable professions, including for potential self-employment.
Jobs for women had also been generated. In 2003, 59.4 per cent
of unemployed women had received professional training, and women
had received 55.5 per cent of state loans and subsidies. The Labour
Code contained regulations concerning work by women and workers
with family obligations, as well as parental leave. Families with
under age dependants were more economically vulnerable and received
various forms of financial subsidies and benefits.
6. Turning to questions of health, the representative identified
a number of challenges, including widespread alcoholism, drug
addiction, tuberculosis and sexually transmitted diseases. However,
there were also a number of positive developments, including an
improved ability to diagnose gynaecological diseases, including
tumours, the development of the reproductive health protection
system and the greater availability of information on family planning
and reproductive health as well as a decrease in the number of
abortions and an increase in the use of modern contraceptives.
While the lack of financial resources was a major obstacle in
fighting the spread of HIV/AIDS, a number of measures had been
taken to prevent mother-to -child transmission of HIV.
7. The representative identified violence against women as one
of the main challenges towards achieving gender equality. Some
30 per cent of women in Belarus experienced domestic violence
and 12 per cent were subjected to sexual harassment in the workplace.
Perpetrators of domestic violence were now registered and were
subject to various forms of sanctions and punishments. Victims
of domestic violence received psychological assistance. Belarus
had ratified the United Nations Convention against Transnational
Organized Crime and its three Optional Protocols, including the
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, and had adopted a programme to
combat trafficking in persons and prostitution for the period
2002 to 2007.
8. Among the obstacles to improving the status of women, the representative
noted the lack of financial resources, the persistence of gender
stereotypes and the lack of men's involvement in the work on gender
equality. The representative noted that, although the country
had no discriminatory legislation, such legislative guarantees
were not always fully implemented. In conclusion, the representative
assured the Committee of the readiness of the delegation for a
constructive dialogue.
Concluding comments of the Committee
Introduction
9. The Committee
commends the State party for its combined fourth, fifth and sixth
periodic report, which complies with the Committee's guidelines
for the preparation of periodic reports. It expresses appreciation
for the written replies to the issues and questions raised by
the Committee's pre-session working group, noting that not all
the questions were answered. The Committee appreciates the oral
presentation by the State party, which provided additional information
on the current situation with regard to the implementation of
the Convention in Belarus.
10. The Committee
welcomes the State party's delegation and appreciates the constructive
dialogue that took place between the delegation and the members
of the Committee.
11. The Committee notes with satisfaction that government action,
including the national plan of action for gender equality for
the period 2001-2005, is placed within the context of the implementation
of the Beijing Platform for Action and the concluding comments
of the Committee.
12. The Committee welcomes the steps taken by the State party
to ratify the Optional Protocol to the Convention.
Positive aspects
13. The Committee commends the State party for the legislative
reforms in support of the goal of gender equality, including the
Marriage and Family Code of 1999, the Civil Code of 1999, the
Labour Code of 2000 and the Criminal Code of 2001. The Committee
welcomes the efforts of the State party to review existing legislation
and to enact new legislation in conformity with international
standard s, particularly the Convention on the Elimination of
All Forms of Discrimination against Women. The Committee welcomes
the intention of the State party to elaborate and adopt a new
law on gender equality.
14. The Committee commends the State party for the amendments
to the Citizenship Act of October 1991, which grants women equal
rights with men with respect to the nationality of children and
with respect to the procedure for acquiring, changing or retaining
nationality.
15. The Committee welcomes the increase in representation of women
in the House of Representatives of the National Assembly and in
the local councils of deputies. It also welcomes the use of a
quota-based principle in forming the National Assembly's Council
of the Republic.
16. The Committee welcomes the increase in the number of women
members of the Supreme Court. It notes with satisfaction the high
numbers of women judges and lawyers.
Principal areas of concern and recommendations
17. The Committee expresses concern that, while article 22 of
the Constitution states that all citizens have the right, without
any discrimination, to equal protection of their rights, the Constitution
does not contain a prohibition of discrimination on the basis
of sex or an explicit provision on gender equality.
18. The Committee urges the State party to include in its Constitution
a provision prohibiting discrimination on the basis of sex or
an explicit stipulation on gender equality.
19. While noting the incorporation in a number of laws of provisions
prohibiting discrimination on the basis of sex, the Committee
expresses concern that the State party has not yet adopted a law
on gender equality.
20. The Committee encourages the speedy elaboration and adoption
of a law on gender equality that includes a definition of direct
and indirect discrimination according to the Convention and a
basis for applying temporary special measures according to article
4, paragraph 1, of the Convention and general recommendation 25
on temporary special measures.
21. The Committee is concerned that the State party lacks a holistic
approach to policies and programmes aimed at achieving women's
equality with men, including mainstreaming a gender perspective
in all areas.
22. The Committee recommends that the State party ensure a holistic
approach to all policies and programmes devoted to achieving equality
between women and men. The Committee recommends that gender mainstreaming
in all public institutions, policies and programmes be introduced
through gender training and the creation of focal points. The
Committee requests the State party to include in its next periodic
report sex-disaggregated data in all areas of the Convention.
23. The Committee is concerned about the persistence of stereotypes
relating to the roles and responsibilities of women and men in
society, which tend to place responsibility for child rearing
primarily on women. Such stereotypes undermine women's social
status and are an obstacle to the full implementation of the Convention.
24. The Committee urges the State party to intensify its efforts
to eliminate stereotypical attitudes and perceptions regarding
men's and women's roles and responsibilities in all areas of society.
It urges the State party to encourage men to share family responsibilities
and direct its awareness-raising programmes to both women and
men. It also recommends that the State party encourage the media
to promote a positive image of women and of the equal status and
responsibilities of women and men both in the private and public
spheres.
25. The Committee is concerned that there is insufficient awareness
of the Convention and the procedures for its application and enforcement,
as well as of women's human rights in general, including among
the judiciary, law enforcement personnel and women themselves.
26. The Committee urges the State party to introduce education
and training programmes on the Convention, in particular for parliamentarians,
the judiciary, the police and other law enforcement personnel.
It recommends that awareness-raising campaigns targeted at women
be undertaken to enhance women's awareness of their human rights
and to ensure that women can avail themselves of procedures and
remedies for violations of their rights under the Convention.
27. The Committee is concerned about the insufficient cooperation
of the authorities with non-governmental organizations and women's
associations in the implementation of the Convention. The Committee
is further concerned about the lack of an enabling environment
for the establishment and operation of women's non-governmental
organizations and for encouraging more active involvement of civil
society in promoting gender equality.
28. The Committee urges the State party to cooperate more effectively
with non-governmental organizations and women's associations in
the implementation of the Convention, including follow-up to the
concluding comments. The Committee recommends that the State party
consult with nongovernmental organizations during the preparation
of the next periodic report. The Committee also recommends that
the State party enable the establishment and operation of women's
non-governmental organizations, and encourage and facilitate the
active participation of civil society in the full implementation
of the Convention and the promotion of women's human rights.
29. While recognizing the establishment of the National Council
on Gender Policy in 2000, the Committee expresses its concern
that the national machinery for the advancement of women does
not have sufficient visibility, decision -making power or financial
and human resources to effectively promote the advancement of
women and gender equality. While noting that a decision was adopted
in 2003 to renew the Council's composition, the Committee is concerned
about the suspension of the work of the Council over the past
few years.
30. 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, decision-making 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.
31. While noting that a draft law on the prevention and suppression
of domestic violence has been elaborated, the Committee expresses
concern about the increasing incidence of violence against women
in Belarus, including domestic violence.
32. The Committee urges the State party to place high priority
on implementing comprehensive measures to address violence against
women in the family and in society in accordance with its general
recommendation 19. The Committee calls upon the State party to
enact the draft law on the prevention and suppression of 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, as well as
accessible shelters in sufficient numbers and with adequate funding.
The Committee also recommends that the State party ensure that
public officials, especially the police and other law enforcement
officials, the judiciary, healthcare providers and social workers,
are fully sensitized to all forms of violence against women. The
Committee invites the State party to take awarenessraising measures
to prevent and combat violence against women through the media
and public education programmes. The Committee requests the State
party to provide in its next periodic report information on the
measures taken.
33. While recognizing the efforts made by the State party to address
the issue of trafficking in women and girls, including provisions
on trafficking in persons in the new Criminal Code and the adoption
of the national programme of comprehensive measures to prevent
traffic in persons and prostitution for the period 2002-2007,
the Committee remains concerned about the problem of trafficking
in women in Belarus and about the lack of detailed data and information
on the phenomenon.
34. The Committee urges the State party to intensify its efforts
to combat trafficking in women and girls. It recommends the strengthening
of measures aimed at improving the economic situation of women
so as to eliminate their vulnerability to traffickers, as well
as social support, rehabilitation and reintegration measures for
women and girls who have been victims of trafficking. It calls
on the Government to ensure more severe punishment against traffickers
as well as to ensure that trafficked women and girls have the
support they need so that they can provide testimony against their
traffickers. It recommends that training of border police and
law enforcement officials provide them with the requisite skills
to recognize and provide support for victims of trafficking. The
Committee requests the State party to provide in its next report
comprehensive information and data on trafficking in women and
girls. The Committee also requests
the State party to provide information on the measures taken to
address the causes of trafficking and to combat thisphenomenon
as well as on the impact of these measures.
35. The Committee expresses concern about the situation of women
in the labour market, which is characterized, in spite of women's
high level of education, by high female unemployment, the concentration
of women in low paid sectors of public employment, such as health
and education, and the wage gap between women and men in both
the public and private sectors. The Committee is concerned that
the State party's labour laws, which are overly protective of
women as mothers and restrict women's participation in a number
of areas, may create obstacles to women's participation in the
labour market, in particular in the private sector, and perpetuate
gender role stereotypes.
36. The Committee urges the State party to ensure equal opportunities
for women and men in the labour market through, inter alia, temporary
special measures, in accordance with article 4, paragraph 1, of
the Convention and general recommendation 25 on temporary special
measures. The Committee urges the State party to intensify its
efforts to ensure that all job generation and poverty alleviation
programmes are gender-sensitive, and that women can fully benefit
from all programmes to support entrepreneurship. It recommends
that efforts be strengthened to eliminate occupational segregation,
both horizontal and vertical, and to narrow and close the wage
gap between women and men through, inter alia, additional wage
increases in female-dominated sectors of public employment. The
Committee recommends that the State party conduct regular reviews
of legislation, in accordance with article 11, paragraph 3, of
the Convention, with a view to reducing the number of barriers
women face in the labour market.
37. The Committee is concerned about the feminization of poverty,
particularly among vulnerable groups of women, such as those heading
households, older women and rural women.
38. The Committee requests the State party to ensure that all
poverty alleviation programmes fully benefit women, according
to their needs, and to provide in its next periodic report information
on the measures taken to improve the economic situation of women,
particularly those belonging to vulnerable groups.
39. The Committee is concerned about the general decline in the
status of women's health as well as the decline in women's access
to health services. The Committee is also concerned at the continuing
use of abortion as a primary method of birth control, teenage
pregnancy, the deterioration of the health of pregnant women and
the spread of sexually transmitted diseases, including HIV/AIDS.
The Committee is concerned at the continuing negative impact of
the Chernobyl disaster on women's health.
40. The Committee recommends the full implementation of a holistic,
life - cycle approach to women's health, including access to affordable
health care, the financial and organizational strengthening of
family planning programmes and the provision of wide access to
contraceptives for all women and men, in accordance with its general
recommendation 24 on women and health. It urges the State party
to reinforce programmes of sexual and reproductive education for
both girls and boys in order to foster responsible sexual behaviour
and further discourage abortion as a means of birth control. The
Committee requests the State party to provide in its next periodic
report more information and data on the prevalence of, and measures
taken against, sexually transmitted diseases, including HIV/AIDS,
among women, as well as on the efforts of the State party to further
address the impact of the Chernobyl disaster on women.
41. While recognizing an increase in the representation of women
in the House of Representatives of the National Assembly, in the
local councils of deputies and on the Supreme Court, as well as
the use of a quota-based principle in forming the National Assembly's
Council of the Republic, the Committee remains concerned about
the underrepresentation of women in elected and appointed bodies,
particularly at high levels and in decision-making positions,
including the diplomatic service.
42. The Committee
urges the State party to strengthen and implement measures 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
and general recommendation 25 on temporary special measures, in
order to implement women's right to equal participation in all
areas of public life, particularly at high levels of decision-making.
The Committee recommends that the State party fully utilize general
recommendation 23, concerning women in public life. It also recommends
that the State party increase its efforts in offering or supporting
capacity-building programmes for current and future women leaders
and carry out awareness-raising campaigns regarding the importance
of women's equal participation in political and public decision-making.
43. The Committee is concerned about the lack of information in
the report on minority women and the scarce data on migrant and
older women.
44. The Committee requests the State party to provide in its next
periodic report information and data on minority, migrant and
older women, including T their economic, employment and health
situation.
45. The Committee encourages the State party to accept the amendment
to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee, without delay.
46. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report, due in 2006, 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 Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session 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.
48. The Committee requests that the present concluding comments
be widely disseminated in Belarus in order to make the people
of Belarus, 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 twentyfirst century".
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