Guatemala
38. The Committee considered the combined initial and second periodic
reports of Guatemala (CEDAW/C/GUA/1-2 and Corr.1 and Amend.1) at its 242nd
and 246th meetings, on 24 and 26 January (see CEDAW/C/SR.242 and 246).
39. In introducing the report, the representative of the Government said
that unfortunately, owing to financial constraints, the persons most qualified
to present the report could not come to address the meeting, but that all
the Committee's comments and recommendations would be analysed and taken
into consideration for the elaboration of future policies and in the preparation
of the subsequent report. Gender-based studies had been undertaken and
certain aspects had undergone changes owing to the successive changes in
administration and government policy. She gave updated information concerning
the Government and demographic data. On 5 June 1993, the state of law had
been restored and, with the nomination of the new President, democracy
had been reinstated. According to the most recent projections, women made
up 49.5 per cent of the population, of which 62 per cent lived in rural
areas. She assured the members that the new President placed special emphasis
on the protection of human rights.
General observations
40. Members welcomed the ratification of the Convention without reservations
and the well-structured, extensive and frank report that had followed the
Committee's guidelines and reflected the Government's effort to integrate
women into the life of the nation. It was noted that all sectors of society
were represented in the preparation of the report. However, it was felt
that the report could have been more analytical and that it lacked information
on the de facto situation and on policies carried out to enact related
laws. It was suggested that the report did not clearly indicate whether
progress had been made since the ratification of the Convention or whether
the advancement of women had encountered many obstacles. The report was
said to lack information on national programmes to implement the policy
of non-discrimination.
41. Regret was expressed that no one from the body which had prepared the
report had been able to attend the meeting. While the report stated that
women were not discriminated against in the country, it was noted that
the country was divided in terms of class and race and that there was discrimination
against indigenous women. Experts asked whether the National Office of
Women's Affairs was taking any measures to counteract that phenomenon.
Members also drew attention to the fact that there was no reference to
the shortcomings in the Civil Code, which contained provisions that were
discriminatory to women, although they had been objected to by non-governmental
organizations.
42. The Guatemalan delegation's answers to the questions put by the Committee
were provided by a person who, according to a member of the Permanent Mission
of Guatemala to the United Nations, represented a non-governmental organization
active in the area of family matters.
43. In replying to the observations of the Committee, the representative
of the Government emphasized the priority attached to women's issues in
the country and said that, owing to the current austerity plan, it was
difficult to send Government representatives from the country to international
meetings. The socio-economic and political context in which the Convention
was implemented had to be taken into account in order to determine whether
national laws and their application were appropriate and whether or not
they should be considered discriminatory to women. She said that an appeal
had been made to the Constitutional Court regarding the unconstitutionality
of certain provisions contained in the Civil Code. She read out the judgement
that had been consequently handed down, in which the Constitutional Court
said that the Constitution protected the person and the family, guaranteed
freedom, the development of the human being, liberty, equal rights and
equal opportunities and responsibilities for women and men and stipulated
the protection of motherhood. The judgement rejected the claim of unconstitutionality
and declared fully justified the status, circumstances, functions and roles
of men and women, whose discriminatory nature gave rise to the application.
Upon ratification, an international treaty such as the Convention automatically
became part of the Constitution and made it mandatory for the State to
adopt only legal measures that were not discriminatory towards either sex.
According to that ruling, none of the legal provisions contained in the
Civil Code was unconstitutional, and therefore contrary to the principle
of non-discrimination.
44. The members of the Committee indicated that the reading of the judgement
and the views expressed by the representative of the Government increased
their concern at the discrimination institutionalized in law and given
expression in values and mores. In their view, it was not only a matter
of a flawed report; the existing situation, in which the fundamental human
rights of Guatemalan women were being violated, must be dealt with more
decisively, on the basis of an updated approach in keeping with the international
commitments of the Government of Guatemala.
45. Members pointed out that no information was given in the report about
any family-planning policy or about steps taken to upgrade the health of
women and children. It was also not clear from the report whether the machinery
to implement policies to promote the status of women had been upgraded.
46. Members noted the significant responsibilities of women in Guatemala,
including those for health, hygiene and family nutrition, but that women
were not given the same importance as men in outside work and in politics.
47. It was observed that political violence conditioned people to tolerate
violence in general, which had an effect on attitudes towards violence
against women. Political violence had to stop so that women could once
again enjoy harmony and find their rightful place in society. The representative
explained that the Government was currently trying to consolidate peace
in order to ensure that women could enjoy well-balanced development free
from violence.
48. Members expressed alarm at the ruling of the Constitutional Court,
especially in a country where the content of an international treaty became
part of domestic law, once the treaty had been ratified. They said that
if the country wished to implement the Convention, it ought to amend some
of its laws, particularly the provisions regarding family law and gender
stereotypes. The presentation of the report showed that the Government
did not attach much importance to women's issues and the replies given
in the report only increased the Committee's concerns about the discriminatory
nature of the Civil Code. There was incompatibility between the obligations
undertaken by ratifying the Convention and the actual legal situation as
well as its interpretation by the Constitutional Court. Members noted that
this situation was completely unacceptable and suggested that the Government
should seek assistance from the United Nations in correcting its legislation
and in preparing its subsequent report.
Questions related to specific articles
Article 5
49. With reference to the traditional role of women in society, members
expressed the need for the Government to extend more educational efforts
to women. They asked which measures the Government or non-governmental
organizations had taken to promote the implementation of article 5 not
only in respect of changing the laws, but also in respect of doing away
with socio-cultural stereotypes vis-à-vis women. The representative
said that, in the opinion of some elements of society, the role of women
was considered to be inferior to that of men, whereas in reality that was
not the case. Education programmes were currently under way to teach men
to acknowledge the participation of women in society and to share the responsibility
for educating the children.
50. Members also asked whether any specific measures had been carried out
in rural areas. When members requested more detailed information on the
issue of violence, the representative said that education campaigns were
currently being carried out to eradicate violence against women and that
the subsequent report would contain information on the results of those
campaigns and statistical data.
Article 6
51. Considering that Guatemalan society appeared to view prostitution
with indifference and tended to blame prostitution on the women themselves
without taking into consideration the social and economic environment,
such an attitude entailed the risk of exploitation by men. Society should
consider the reasons why women were in that situation. Members requested
statistical data related to prostitution, including information on the
age bracket and the social strata of the women involved, and asked whether
health, education and rehabilitation services had been set up for those
women.
52. The representative was convinced that those evils were caused by lack
of adequate education and said that the aim of the Government was to find
training and new working opportunities for those women. Non-governmental
organizations had elaborated specific training programmes.
Article 7
53. Satisfaction was expressed that illiterate women were no longer
discriminated against in their voting rights. Members requested statistical
data on the number of women who participated in elections and on the political
inclinations of women and asked whether women in rural areas were restricted
in exercising their voting rights.
Article 10
54. Members asked what measures had been taken to revise school books
or train educators with a view to eliminating discriminatory concepts and
what had been done to reduce female illiteracy. The representative said
that the concept of complementarity and gender equality would be promoted
through education and that the subsequent report would contain detailed
information on the measures taken in that respect.
55. Members inquired whether the gender-specific schools that had been
mentioned in the report still existed both in urban and in rural areas
and whether economic factors had not led to a coeducational school system.
The representative explained that parents had the right to choose the form
of education that they preferred for their children. There was no discrimination
involved.
56. Bearing in mind the cultural diversity of the country, with some 23
different languages spoken, members asked whether the educational programmes
took those cultures into account.
57. Further data were requested on the gender distribution in the various
fields of study.
Article 11
58. As the country had ratified Convention 100 of the International
Labour Organization (ILO), members would welcome assurances that its provisions
were also being implemented and requested more information on the matter.
59. While women working in the formal sector were covered by the social
security system, the majority of women worked in the informal sector and
in domestic service and lacked social security coverage. It was suggested
that relevant policies should be modelled on those of other countries where
women working in the informal sector were incorporated into the social
security system. Regarding the law governing the supply of child-care services
for enterprises with more than 30 workers, it was said that the number
should not be limited to female workers; otherwise, employers would not
hire women so as not to have to comply with the obligations.
60. Members required further clarification on the reasons for the wage
discrimination against women and asked whether women were mobilizing themselves
to defend their rights under the Convention. Members also asked whether
the differences in wages between women and men were equally large in the
formal and the informal sectors, whether women working in the informal
sector were entitled to maternity leave and pensions and could join trade
unions and what programmes had been established to improve the situation
of women in the informal sector.
61. According to the report, fines for firing a woman for becoming pregnant
were so low that employers simply paid the fine and fired the woman. It
was hoped that future reports would address that situation. Members asked
whether women's work in the informal sector was reflected in national economic
statistics and what the working conditions of women in the garment industries
were.
62. The representative said that women could organize themselves freely.
The fact that there were not many groups was a result of cultural factors
and showed the satisfaction that women felt with their society.
Article 12
63. Members inquired about the Government's family-planning policy
and asked whether the programmes were geared only towards rural women or
also directed towards women in urban areas and indigenous women.
64. The representative said that the family-planning policy was given wide
publicity and was open to anybody. Every small community had family-planning
services. Indigenous communities had equal access, but they considered
the practices harmful to their traditions and habits. They also tended
to object to using contraceptives because they thought that their use was
a birth control method specifically targeted at them to exterminate their
culture and people. The representative explained that family planning had
negative effects on the population. Women had been strongly discriminated
against in that all of the preventive methods had been directed only against
them. Indigenous women were not given information about the effects of
contraceptives on their bodies and sometimes the donation of food was linked
to the use of contraceptives. Birth control led to the breakdown of the
society and the family. It also had a negative effect on youth and increased
the number of households headed by single women.
65. The representative stated that her country was composed of many ethnic
groups and was characterized by a sense of solidarity, family support and
understanding and that, consequently, it would be desirable if economic
support for population control were directed towards education programmes,
which would improve living standards and lead to a more balanced growth
of the population.
66. As abortion was a punishable offence, members asked what the sentences
were.
Article 14
67. Members expressed concern at the unequal distribution of land in
rural areas and inquired about the existence of any indentured conditions
under which women worked, whether rural women had access to child and health
care and whether they could own land and have access to credit.
68. Members commented that in Guatemala sexist notions, such as the "natural"
role of women in the context of procreation, were still being reinforced.
If such sexist attitudes prevailed, they would have adverse effects on
the future of girls who would choose only traditional feminine careers.
Members inquired about consciousness-raising campaigns that should enhance
the social and economic role of women rather than their role in the family.
The representative stated that the notions of the role of women in the
family should not be changed. A misunderstanding of equality would not
benefit any society. It was more important to encourage the idea of the
complementarity of men and women.
Article 16
69. Commenting on the minimum age for marriage, which was 14 for girls
and 16 for boys, experts said that such a provision encouraged child marriages
and should be abolished with a view to setting the same legal age for both
partners. In her reply, the representative quoted the judgement made by
the Constitutional Court according to which civil rights were acquired
with the attainment of majority. Entrance into marriage required that the
couple had reached majority. The different age requirements for boys and
girls were based on physiological and biological factors and on the interests
of society. Consequently, the difference in minimum age was not considered
to be unconstitutional.
70. Regarding the concern expressed by members about the family law, which
was discriminatory to women as it contained a rigid description of the
roles of women and men, thus reinforcing existing stereotypes, the representative
stated that the legislature sought to protect the family, as it was the
foundation of the State.
71. Members expressed the opinion that the legal provision according to
which the husband remained the head of the family and a woman needed the
husband's permission to take up outside activities was contrary to the
provisions of the Convention and extended the patriarchal system. It was
a source of basic discrimination against women and, although the Constitution
provided for the right to work, the "husband's law" seemed to
be superior to the basic law. Likewise, the family law spoke only of the
obligation of women to look after the children and take care of the household,
without also mentioning the husbands.
72. In reply the representative referred to the ruling of the Constitutional
Court which said that men and women had equal family responsibilities in
protecting the children. The law that gave the husband the right to represent
his spouse in no way harmed the wife, especially as the role of head of
the family could be assumed by the wife if the husband was unable to do
so because he had either abandoned the household or been sentenced to imprisonment.
The administration of property was carried out by common agreement between
the spouses. The representative said that the provisions according to which
the husband had to provide assistance to the wife and the wife had the
right and duty to care for minor children were in no way discriminatory;
they were only meant to protect the wife. Neither of the two spouses could
avoid their responsibilities towards their children. Women were not prohibited
from taking on outside activities as long as such jobs did not prevent
them from taking care of their minor children and the household and were
not contrary to the purpose of marriage and the obligations inherent in
maternity.
73. When members asked whether women had taken court action to claim their
rights, whether any amendment of the law was planned and what the reaction
of women's groups to that law was, the representative said that no claims
had ever been entered to oppose the husband as the representative of the
family.
74. The representative said that it was necessary for women to educate
their sons to respect gender equality and that the responsibility for educating
the children was shared.
75. In reply to the comment by the members that the criminal code was discriminatory
as it penalized women more heavily than men for committing adultery, the
representative said that the Government was currently trying to amend the
discriminatory provisions of the code.
Concluding comments of the Committee
Positive aspects
76. The Committee commended the Government of Guatemala for having
ratified the Convention without reservations, and they expressed great
interest in the initiatives undertaken to bring about legal changes with
a view to achieving equality of Guatemalan men and women in the context
of efforts to restore peace.
Principal subjects of concern
77. The Committee indicated that the Government's failure to cooperate
in funding travel for the person in Guatemala responsible for matters relating
to women showed that it attached little importance to the subject; such
situations probably did not arise in connection with Guatemala's obligations
under other human rights treaties.
78. In their comments the Committee members mostly indicated that despite
the efforts made there was a clearly discriminatory situation in Guatemala
in which extremely stereotyped social, economic, political and cultural
roles were assigned to men and women; that situation resulted in subordination
of Guatemalan women in virtually all the areas and at all the levels covered
by the articles of the Convention. Information was requested with respect
to the application filed by the Procurator's Office in Guatemala, on grounds
of unconstitutionality, for rescission of a number of articles of the Civil
Code.
79. Almost all the members said that Guatemalan legislation, particularly
the Civil Code, must be brought into line with the Convention, and that
as a matter of priority it was necessary to focus on the provisions of
article 16; the Code contained highly discriminatory provisions that restricted
or violated the fundamental human rights of Guatemalan women, which the
State was under an obligation to protect as a result of its accession to
the Convention and other human rights instruments safeguarding the rights
in question. The members voiced similar concerns with regard to the Criminal
Code.
80. The Committee expressed concern at the discrepancies that existed to
the detriment of women with regard to education and employment, remuneration
and involvement in economic activity; they also expressed concern about
what was being done to prevent and punish violence against women, and about
ways of dealing with prostitution.
81. In short, the members of the Committee commented that women did not
appear to be a priority for the Government, that there was far-reaching
legal discrimination, and that there was no information on initiatives
to combat discrimination resulting from highly stereotyped cultural patterns
or on the actual situation of women among indigenous ethnic groups. In
general, they regarded the report as inadequate in the light of the recommendations
made by the Committee in that connection. They expressed the view that
the very wording of the report was sometimes discriminatory; that showed
that the Government needed to review and adjust its approach so as to improve
the situation of Guatemalan women.
Suggestions and recommendations
82. The Committee indicated that the following steps should be taken
to improve the presentation of future reports:
(a) Reports should give a more detailed analysis of actual situations and
provide figures and indicators; they should be less descriptive and focus
less on regulatory matters;
(b) Reports should provide an analysis of all articles of the Convention
and demonstrate what changes had taken place in the implementation of laws
and programmes;
(c) The analysis should cover rural-urban and ethnic differences, which
are a matter of great importance in Guatemala.
83. As a matter of urgency, the Government of Guatemala must bring its
initiatives into line with the Convention. It must make a special effort
to ensure that judges and other individuals involved in the interpretation
and implementation of Guatemalan legislation, including legislators themselves,
are familiar with the Convention, which is an integral part of Guatemala's
legislation, with a view to bringing the provisions of the Constitution
concerning equality, as well as legislation, judgements and programme initiatives,
into line with the Convention and other international instruments safeguarding
the human rights of women.
84. The Committee wished to know more about the status and capacities of
national machinery.
85. As a matter of priority, Guatemala must make the most urgent legal
changes so as to guarantee equality, particularly with regard to article
16 of the Convention.
86. The Committee therefore requested the Government of Guatemala urgently
to take all necessary measures and adopt policies to improve the situation
of women in Guatemala in compliance with the Convention and to report on
those measures in its subsequent report.
87. It was suggested that the Guatemalan Government could request technical
support for the preparation of its next report.
