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Committee on the Elimination of Discrimination against Women Exceptional
session 5-23 August 2002
Draft report
Rapporteur: Ms. Rosalyn Hazelle
Consideration of reports of States parties
Yemen
Fourth and fifth periodic reports
1. The Committee considered the fourth and fifth periodic reports
of Yemen (CEDAW/ C/ YEM/ 4 and CEDAW/ C/ YEM/ 5) at its 580 th and
581 st meetings on 14 August 2002 (see CEDAW/ C/ SR. 580 and 581).
Introduction by the State party
2. In introducing the reports, the representative of Yemen emphasized
the great progress made in the country since its unification in
1990 through an approach that allowed for democratic participation
and freedom of expression as well as the full participation of civil
society. The representative informed the Committee that, from the
moment Yemen acceded to the Convention in 1984, many policies had
been introduced in order to enhance the status of women, particularly
in legal reforms. The Constitution of Yemen granted rights to all
citizens, without distinguishing them on the basis of sex. Many
proposals had been made by the National Women's Council with respect
to legislative changes, including a provision in the Penal Code
which gave a husband the right to kill his wife in cases of adultery.
A Social Care Law had been introduced which allowed single women
and widows to make full use of social care programmes. In order
to improve their standard of living, women received a monthly stipend.
Furthermore, a revision of the Nationality Law to grant widowed
and divorced women the right to give their nationality to their
foreign-born children was under consideration.
3. The representative informed the Committee that prostitution and
trafficking in women were prohibited under the Islamic law -Sharia
-which provided the basis for all legislation in the country. She
noted that, despite the fact that the current electoral law granted
women and men the same rights to vote, be nominated for office and
elected, many traditions especially in the rural areas, where 75
per cent of the population lived, limited women's political participation.
It was pointed out that, no more that 15 per cent of women participated
in political parties. However, some progress had been made recently.
In the 2001 local elections for example, 125 women were
nominated, of whom 35 were elected. Women's participation in the
Government increased and there was now one female Minister and several
female Deputy Ministers. Women's participation in trade unions continued
to be limited as women did not understand the significance of such
work.
4. The representative informed the Committee that the National Women's
Council, which had been established after the Fourth World Conference
on Women in order to set policies and strategies for the development
of women in fields including education, health and violence against
women, had been expanded in March 2002. The National Women's Council,
headed by the Prime Minister, worked in close cooperation with non-governmental
organizations and executives from departments active in the field
of women's development. In addition, there were other non-governmental
mechanisms working for the advancement of women. Most of these concentrated
their work in urban areas, despite the fact that the urgent need
for development was in the rural areas.
5. The representative stressed that the education gap between boys
and girls continued to be very large, with only 34 per cent of girls
attending primary school. Many girls, especially in the rural areas,
dropped out of school in order to help their families in the fields.
Girls were also withdrawn from schools because most were co-educational
and parents opposed the mixing of the sexes in schools. The representative
also stated that, due to the persistence of stereotypical gender
roles, girls did not usually attend vocational and technical training
courses. She noted that it was important to change girls' perception
of this type of training as it was very important for the promotion
of development in the country.
6. The representative informed the Committee that life expectancy
was 64 years for women and 60 years for men. Fertility rate continued
to be very high: 5.8 in the cities and 7.4 in the rural areas. Less
than 20 per cent of women used family planning services. Maternal
and infant mortality was high due, inter alia, to the fact that
women were reluctant to visit health care centres as most doctors
were male. The representative also stated that female genital mutilation
is not a common practice in Yemen, and it is limited to the coastal
area of Yemen. The Minister of Health had prohibited female genital
mutilation in Government hospitals, and an awareness-raising campaign
on the dangers of FGM had also been launched.
7. The representative stated that Yemen had a per capita income
of US$ 300 a year and 23 per cent of population lived below the
poverty line. In order to combat poverty, different mechanisms and
programmes, including the Social Fund for Development and the Fund
for Micro Credit had been established, aimed at providing income
for poor women. The representative indicated that the work of women
in agriculture was not valued and considered as part of a woman's
reproductive role, with food being grown for family needs rather
than for market purposes. In order to assist rural women who worked
hard and had limited access to health care services and education,
a division catering specifically to their needs had been set up
in the Ministry of Agriculture. She added that it was hoped that
the situation of rural women would improve through the implementation
of the 2002-2005 strategy to combat poverty.
8. The representative noted that laws related to social status still
discriminated against women, although most were taken from Sharia
which contained positive provisions for women, such as on the right
to inheritance and to manage money. However, the National Women's
Council, assisted by civil society organizations, was working to
bring about law reform. The representative assured the Committee
that the National Women's Council considered the Convention as well
as the Beijing Platform for Action as basic tools for improving
the status of women, and had convened a symposium on the Convention
and would shortly be publishing a simplified version of the treaty.
Concluding comments of the Committee
Introduction
9. The Committee expresses its appreciation to the State party for
submitting its fourth and fifth periodic reports which are in accordance
with the Committee's guidelines for the preparation of periodic
reports and which
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were prepared in cooperation with civil society. The Committee also
expresses appreciation for the written replies to the issues raised
by the pre-session working group.
10. The Committee commends the State party for its delegation, headed
by the Deputy to the President of the National Women's Committee,
and appreciates the frank and constructive dialogue that took place
between the delegation and the members of the Committee, which provided
additional information on the implementation of the Convention in
Yemen.
Positive aspects
11. The Committee commends the State party's commitment to implementing
the provisions of the Convention as reflected in a range of policies,
plans and programmes.
12. The Committee welcomes the establishment of the National Women's
Committee as the national machinery for the advancement of women
and gender equality. It notes with appreciation the National Women's
Committee's ongoing review of discriminatory legislation.
13. The Committee commends the appointment of a woman as Minister
of State for Human Rights and the appointment of women as judges
and prosecutors and to the foreign service.
14. The Committee welcomes the State party's ongoing cooperation
with women's organizations in efforts to implement effectively the
Convention.
Principal areas of concern and recommendations
15. The Committee is concerned at the existence of many discriminatory
legal provisions which contradict the Constitution and the Convention.
16. The Committee recalls the State party's obligation to implement
the provisions of the Convention, particularly to ensure that article
1 of the Convention is fully reflected in the Constitution or other
legislation. The Committee also urges the State party to engage
in and continue the process of comprehensive legislative review
and reform to ensure that all laws are in harmony with the Constitution
and the Convention.
17. While acknowledging the statement made by the tate party that
education is a cornerstone for development and a key element in
the improvement of the status of women and the achievement of equality
between women and men, the Committee notes with concern the high
levels of illiteracy among women and girls, particularly in rural
areas, the increasing gap in illiteracy between boys and girls,
and the high rate of drop-out from schools of girls.
18. The Committee calls upon the State party to strengthen its efforts
to eradicate female illiteracy, especially among girls, particularly
in rural areas, and to take general as well as temporary special
measures to ensure primary and secondary education for girls and
lower the high drop-out rate among girls. The Committee recommends
the introduction of measures to create an environment that increases
the enrolment and retention rates of girls in schools at all levels
through increased training and employment of women teachers, addressing
parents' concerns related to coeducation and the setting of precise
targets and timetables to measure progress.
19. The Committee notes with concern that the persistence of patriarchal
stereotypes and discriminatory traditional cultural and social norms,
particularly relating to the role and responsibilities of women,
impedes progress in the implementation of the Convention and the
full enjoyment of women's human rights
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20. The Committee urges the State party to take measures to change
stereotypical attitudes and discriminatory cultural norms about
the responsibilities and roles of women and men and to design and
implement awareness-raising programmes directed at all levels of
society.
21. The Committee expresses concern that several provisions of the
Penal Code severely discriminate against women. It notes, in particular
article 232, which provides that a husband or other male relative
who kills his wife in relation to adultery is not charged with murder.
22. The Committee urges the State party to eliminate all discriminatory
penal provisions, and in particular article 232 as proposed by the
National Women's Committee, in line with the Convention and to ensure
that homicides committed against women by their husbands or male
relatives are prosecuted and punished in the same way as other murders.
23. Noting the link between women's subordination in the family
and their ability to participate fully at all levels of society,
the Committee is concerned about discriminatory provisions in the
Law of Personal Status, which permits polygamy and sets differential
standards for women and men in marriage and family life. The Committee
is also concerned that the 1999 amendment to the Law of Personal
Status has led to further discrimination against women in the family
by denying women the right to equality in marriage and divorce.
24. The Committee urges the State party to review existing legislation
and amend discriminatory provisions affecting women's rights within
the family in order to bring them into harmony with the Constitution
and the Convention. The Committee urges the State party to ensure
that laws, policies and programmes with regard to the family affirm
and incorporate the principle of equality and partnership between
women and men and the full realization of women's human rights.
The Committee also encourages the State party to obtain information
on comparative jurisprudence, where the link between Islamic law
and human rights has been codified in legislative reforms and Court
decisions.
25. The Committee is concerned about the high rate of early marriages,
which creates a serious health risk for girls and prevents them
from completing their education.
26. The Committee urges the State party to take measures to raise
the minimum age of marriage for girls in line with article 1 of
the Convention on the Rights of the Child, which defines a child
as being below the age of 18, and the provision on child marriage
in article 16, paragraph 2, of the Convention on the Elimination
of All Forms of Discrimination against Women. The Committee urges
the State party to develop awareness campaigns on the negative implications
of early marriage on the health and education of girls.
27. The Committee notes with concern the high maternal mortality
rates.
28. The Committee recommends that the State party take urgent measures
to develop health programmes aiming at reducing the maternal mortality
rate and to make contraceptives affordable and accessible.
29. The Committee is concerned about all forms of violence against
women, including domestic violence, sexual violence and female genital
mutilation, and notes with concern the lack of information and systematic
data on these matters.
30. The Committee recommends that the State party conduct research
into the extent of violence against women and girls and collect
data on all forms of violence, including violence committed within
the family. With regard to the practice of female genital mutilation,
the Committee calls on the State party to enhance its activities
to eradicate this harmful, traditional practice, especially through
awareness-raising campaigns. In the light of its general recommendation
19, the Committee calls upon the State party to ensure that all
forms of violence against women are prosecuted and punished adequately
and that victims have immediate access to redress and protection.
The Committee requests the State party to ensure the full sensitization
of law enforcement officials, the judiciary and the public on all
forms of violence against women and girls.
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31. In view of the fact that rural women constitute the majority
of women in Yemen, the Committee notes with concern that the traditional
division of labour in agricultural production disadvantages women
and that, for cultural and social reasons, women do not control
the means of production and face difficulties in obtaining loans.
The Committee is concerned that rural women have little or no access
to health-care services.
32. The Committee urges the State party to take special measures
to support the integration of rural women in all sectoral policies
and programmes and to eliminate discriminatory practices through
awareness-raising and educational programmes targeted at women and
men. The Committee also recommends the State party to take urgent
measures to increase rural women's access to health-care services.
33. While welcoming the State party's plans to ensure women's participation
in the upcoming electoral registration process, the Committee is
concerned about the low rate of registration of women as voters
and their low representation on electoral lists and in political
decision-making bodies.
34. The Committee requests the State party to take measures to increase
the political participation of women as voters and as candidates
at all levels. It also calls upon the State party to explore the
use of temporary special measures in accordance to article 4, paragraph
1, of the Convention, such as quotas, in order to increase women's
access to decision-making positions. The Committee also suggests
that the State party offer support programmes to women leaders and
candidates to future elections and carry out awareness-raising programmes
on the importance of women's participation in political decision-making
aimed at both women and men throughout the society.
35. While acknowledging the economic difficulties faced by the State
party, the Committee notes the close connection between the success
of development policies and the promotion of gender equality. The
Committee considers that the combined effects of high illiteracy
rates among women and girls, the high rate of school drop outs and
early marriage of girls, the high rate of child labour among girls,
and the low level of women's political participation negatively
impact on the implementation of national development policies.
36. The Committee encourages the State party to ensure that measures
to achieve the goal of gender equality are fully integrated into
law reform, all national development policies and programmes in
line with the provisions of the Convention and also welcomes the
National Women's Committee's plan to increase awareness of the human
rights of women within the public at large.
37. Welcoming the State party's intention in this regard, the Committee
encourages the State party to sign and ratify the Optional Protocol
to the Convention and invites the State party to accept the amendment
to article 20, paragraph 1, of the Convention, concerning the meeting
time of the Committee.
38. Taking into account the gender dimension of declarations, programmes
and platforms of action adopted by relevant United Nations conferences,
summits and special sessions of review (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
State party should include information on the implementation of
those aspects of these documents relating to relevant articles of
the Convention in the light of the subjects dealt with in these
meetings.
39. 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. It also requests
that the report address the general recommendations of the Committee
and provide information on the impact of legislation, policies and
programmes to implement the Convention.
40. The Committee requests the wide dissemination in Yemen of the
present concluding comments in order to make the people of Yemen,
and particularly government administrators and politicians, aware
of the steps that have been taken to ensure de jure and de facto
equality for women and the future steps
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required in that regard. It also requests the Government 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, 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 for the twenty-first century".
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