Uzbekistan
Initial
reports
147. The Committee considered the initial report
of Uzbekistan (CEDAW/C/UZB/1) at its 500th, 501st
and 507th meetings, on 25 and 30 January 2001 (see
CEDAW/C/SR.500, 501 and 507).
(a) Introduction by the State party
148.
In introducing the report, the representative of
Uzbekistan highlighted the recent political, social
and legal developments in that country, noting that
the advancement of women was among the highest priorities
of the Government and the President. He indicated
that the ratification of the Convention in 1995
without reservation, as well as the ratification
of other international human rights instruments,
were an expression of the country's commitment to
the advancement of women and to achievement of the
goal of gender equality. He emphasized that the
Government of Uzbekistan was also seriously considering
signing and ratifying the Optional Protocol.
149.
The representative said that the Constitution did
not contain a reference to "discrimination
against women". However, the principle of equality
between men and women was the foundation of the
Constitution of the Republic of Uzbekistan, adopted
in 1992.
150.
The representative said that the Government had
identified six main directions of work for the advancement
of women. The first direction was the creation of
a gender-sensitive system of laws and regulations
to ensure the conditions necessary for the participation
of women in the political, social, economic and
cultural life of the country. The Government had
published a compilation survey that included about
70 laws and regulations directly addressing the
situation of women.
151.
The second task was the establishment of national
mechanisms for the advancement of women. The Parliament
Committee on Social and Employment Issues and the
Special Commission on the Issues of Women and Family
were entrusted with the responsibility of elaborating
new legislation that would protect the interests
of women in various areas, as well as conducting
a gender assessment of the existing rules and regulations.
Both the Committee and the Commission monitored
the implementation of State policies and programmes
aimed at improvement of the status of women in society
and at implementation of the Convention. The representative
informed the Committee that a new position of Vice-Prime
Minister, Minister for the issues of social protection
of the family, motherhood and childhood, had been
established. The respective positions had been established
at the local level.
152.
The representative informed the Committee of the
establishment of a wide network of national human
rights institutions, including the Office of the
Ombudsman, the Institute for Monitoring Enforced
Legislation and the National Human Rights Centre.
To develop policies and programmes to improve the
situation of women, governmental and non-governmental
human rights institutions had, in 1999 and 2000,
conducted a review and analysis of existing laws,
focusing on those articles that directly provided
for the legal protection of women and ensured their
interests in a wide variety of areas.
153.
The representative informed the Committee of the
considerable increase in the number of non-governmental
organizations dealing with women's issues. At the
beginning of 2001 there were more than 100 such
organizations. Cooperation between governmental
bodies and non-governmental organizations in the
development of policies and programmes for women
was increasing, and Uzbekistan had benefited from
cooperation with and technical assistance provided
by international organizations, especially the United
Nations Development Fund for Women and the United
Nations Development Programme. With the help of
the latter, the Committee of Uzbek Women had set
up, in 1997, the Gender in Development Bureau to
develop and implement programmes aimed at the economic
empowerment of women in the country's transition
to a market economy. National women's non-governmental
organizations had established close contacts with
similar organizations in other countries. Together
with an American organization they had established
a network of information centres on women's issues.
154.
The representative informed the Committee that,
in accordance with the recommendations of the United
Nations Decade on Human Rights Education, the Government
had developed a national programme of action in
the area of human rights, including the human rights
of women. Within the framework of the programme
of action, special courses on human rights had been
introduced in schools and universities. In addition,
pursuant to the recommendations of the Beijing Platform
for Action, 36,000 seminars, in which 1.5 million
women had participated, had been organized to address
various issues of women's advancement and gender
equality.
155.
The representative emphasized women's educational
achievements, stating that women constituted 37
per cent of students in higher education. Almost
50 per cent of economically active women were employed
in the national economy. The majority of working
women were employed in industry (48 per cent), agriculture
(40 per cent), health and social security (70 per
cent), education and science (47-60 per cent) and
trade, public catering and social services (50-52
per cent). According to estimates, in 2000 about
70 per cent of women had been employed in the private
sector.
156.
The changes currently taking place in the economy
had negatively affected the situation of women in
the labour market, especially increasing unemployment
among them. To decrease the level of unemployment,
the Government had been creating 280,000 to 300,000
new jobs annually, 40 per cent of which were given
to women. The Government, together with business
organizations, was also promoting the development
of entrepreneurship among women. Of 64,000 entrepreneurs
20,000 were women.
157.
The representative informed the Committee that the
Government and the President were paying serious
attention to the health of the population, in particular
that of women and children. Taking into account
the high birth rate in the country, the Government
had developed a series of State programmes to improve
the reproductive health of women and to decrease
maternal and child mortality.
158.
In closing, the representative informed the Committee
that his Government fully understood that much more
needed to be done to achieve equality between women
and men. He emphasized the Government's full commitment
to continuing its work in that regard and to overcoming
the obstacles that the women of Uzbekistan continued
to encounter.
(b) Concluding comments of the Committee
Introduction
159.
The Committee expresses its appreciation to the
Government of Uzbekistan for the submission of its
initial report. It commends the Government on its
informative oral presentation, in which it updated
the developments in the country since the submission
of the report in early 2000, as it provided new
information and further clarified the current status
of implementation of the Convention. The Committee
notes with appreciation that the report contains
statistical data disaggregated by sex.
160.
The Committee commends the Government of Uzbekistan
for sending the delegation which had established
a frank and constructive dialogue with the members
of the Committee. The Committee welcomes the political
will and the efforts of the Government of Uzbekistan
to implement the recommendations of the Beijing
Platform for Action and articles of the Convention.
161.
The Committee welcomes the fact that Uzbekistan
ratified the Convention without reservation and
is considering signing its Optional Protocol.
Positive aspects
162.
The Committee commends the Government for its political
will to implement the Convention. It notes with
appreciation the development of national mechanisms
for monitoring the protection of human rights, including
the human rights of women. It welcomes the efforts
of the Government to establish a national machinery
for the advancement of women and to conduct a review
of legislation, especially those laws that directly
address the status of women in various areas. The
Committee welcomes the establishment of the Office
of the Ombudsman within the Parliament.
163.
The Committee commends the Government for its efforts
to maintain a high level of education and for its
policies concerning the employment of women. The
Committee notes with appreciation the measures of
the Government to promote women entrepreneurs.
164.
The Committee welcomes the partnership of governmental
agencies with women's non-governmental organizations
in the promotion of women's human rights and welcomes
the emergence of women's non-governmental organizations.
Factors and difficulties affecting the implementation
of the Convention
165.
The Committee considers that the negative effects
of the ongoing economic and political transformation
and the ecological degradation in the country are
major impediments to the full implementation of
the Convention.
Principal areas of concern and recommendations
166.
The Committee expresses its concern that, although
the Constitution and the domestic laws provide for
the equality of all citizens, they do not contain
a definition of discrimination against women modelled
on article 1 of the Convention, which prohibits
both direct and indirect discrimination. The Committee
also expresses its concern about the status of the
Convention, and whether its provisions can be directly
invoked before the courts.
167.
The Committee calls upon the Government to include
the definition of discrimination against women in
article 1 of the Convention in its Constitution
and national legislation. It also recommends that
the Government draft a comprehensive law on equal
opportunities for women and men, containing provisions
to allow the adoption of temporary special measures
in accordance with article 4, paragraph 1 of the
Convention. It requests the Government to provide
in its next report relevant information on this
law, as well as the remedies available to women
for redress for violations of their rights protected
under the Constitution and the Convention.
168.
The Committee expresses its concern that there is
a very strong prevalence and significant resurgence
of patriarchal attitudes and behaviour. Such traditional
attitudes towards women are reflected in the lack
of sharing of responsibility by men for household
and family duties. The Committee also expresses
concern about the lack of targeted educational programmes,
revision of curricula and textbooks, and mass media
campaigns to eliminate those stereotypes.
169.
The Committee recommends that the Government take
urgent measures to overcome traditional stereotypes
regarding the role of women and men in society.
The Committee emphasizes that a policy of gender
equality in compliance with the Convention will
require the reconceptualization of the role of women
in society from that of mother and wife, exclusively
responsible for children and the family, to that
of individual person and actor in society. It recommends
an increase in the number of women in decision-making
bodies at all levels and in all areas. It also recommends
that the Government strengthen its efforts to organize
special training programmes for women and to conduct
on a regular basis awareness-raising campaigns in
this regard.
170.
The Committee is concerned about the low representation
of women in decision-making bodies because of a
number of factors, including traditional sex roles.
171.
The Committee recommends that the Government utilize
temporary special measures in accordance with article
4, paragraph 1, of the Convention to increase the
number of women in decision-making levels in government,
governmental bodies, public administration and State-owned
enterprises.
172.
The Committee notes with concern that the Government
has not made sufficient effort to ensure de jure
equality between women and men and regards such
efforts as particularly urgent in view of the increasing
de facto inequality in the society.
173.
The Committee recommends that the Government take
a comprehensive and holistic approach to promoting
equality between women and men in all areas, including
the economic, social, political, cultural and family
domains. It also recommends a shift from a welfare
approach towards a human rights approach, whereby
women are claimants of their rights.
174.
The Committee expresses its concern that the existing
national mechanism for the advancement of women
does not have sufficient strength and visibility
or funding to promote effectively the advancement
of women and gender equality. The Committee also
expresses its concern about the lack of an overall,
integrated policy of gender mainstreaming.
175.
The Committee recommends that the Government restructure
the existing national machinery in order to give
it more visibility and strength, as well as review
its mandate to carry out effectively the mainstreaming
of a gender perspective in all policies and programmes
and to promote the advancement of women. It also
recommends that the Government assess the capacity
of the national machinery and provide it with the
necessary human and financial resources, and that
it strengthen the existing governmental national
mechanisms for women at all levels. It urges the
Government to consider fostering more effective
coordination among the existing mechanisms for women's
issues and gender equality and to ensure that they
have sufficient financial and human resources.
176.
The Committee expresses its concern about the prevalence
of all forms of violence against women, including
domestic violence.
177.
The Committee requests the Government to pass a
law against violence, especially against domestic
violence, including marital rape, as soon as possible
and to ensure that violence against women and girls
constitutes a crime punishable under criminal law
and that women and girls victims of violence have
immediate means of redress and protection. It recommends
that the Government organize training on gender
issues for all public officials, in particular law
enforcement officials and the judiciary, as well
as for members of khokims' offices at all levels
and the local mahalas, to educate them about all
forms of violence against women and girls in accordance
with general recommendation 19 of the Committee,
on violence against women.5 The Committee also recommends
that the Government organize awareness-raising campaigns
to address all forms of violence against women and
girls, including domestic violence.
178.
The Committee recognizes the efforts made by the
Government to address the issue of trafficking of
women and girls, which has increased in the region
following the opening of the borders. It notes with
concern that there is still not enough information
on the subject or a comprehensive policy to address
the problem.
179.
The Committee urges the Government to include in
its next report more information and data on the
situation of trafficking of women and girls and
on progress made in that area. The Committee considers
that comprehensive measures should be developed
and introduced in order to address the problem effectively,
including prevention and reintegration and the prosecution
of those responsible for trafficking.
180.
The Committee, while noting with appreciation the
high level of education among women, expresses its
concern about the recent decline in the number of
women students.
181.
The Committee urges the Government to take urgent
measures to prevent the decline in the number of
women in higher education. The Committee recommends
raising awareness and providing incentives to encourage
young women to enter male-dominated fields of study.
182.
The Committee recognizes the efforts of the Government
to keep women in the labour market, but it notes
with concern the existing occupational segregation
in the labour market and the considerable wage differential
between men and women, especially the gap between
female- and male-dominated sectors of employment.
It expresses serious concern about the high level
of unemployment. It also expresses concern at indirect
discrimination in the recruitment, promotion and
dismissal of women. The Committee notes the absence
of statistical data on wages disaggregated by sex.
183.
The Committee urges the Government to ensure equal
opportunities for women and men in the labour market,
including through the use of temporary special measures.
It recommends that the Government conduct regular
reviews of legislation with a view to reducing the
barriers for women in the labour market. It also
recommends that the Government design and implement
special training and retraining programmes for different
groups of unemployed women.
184.
The Committee urges the Government to address the
problem of occupational segregation and to start
implementing the principle of equal pay for work
of equal value. It requests the Government to collect
data disaggregated by sex and economic sector and
provide them in the next report.
185.
The Committee, while noting a decline in the maternal
mortality rate, expresses its concern with the status
of women's health, especially their reproductive
health, and the high birth rate. It also expresses
its concern that abortion remains a primary means
of birth control, and its concern about the increase
in the use of tobacco by women. The Committee expresses
its concern about the degree of environmental degradation
in the country and its extremely negative impact
on the health of the whole population, in particular
women and children.
186.
The Committee urges the Government to maintain free
access to basic health care and to improve its family
planning and reproductive health policy, including
the availability and accessibility of modern contraceptive
means. It encourages the Government to promote sex
education during the compulsory school years. The
Committee urges the Government to design and implement
a sound environmental policy aimed at protecting
the health of women and children.
187.
The Committee expresses its concern about the high
rates of suicide among women. It is also concerned
at the cases of polygamy.
188.
The Committee recommends that the Government establish
structures aimed at addressing mental health problems
faced by women. It also recommends undertaking measures
to eliminate polygamy and early marriage.
189.
The Committee expresses its concern about the situation
of rural women, who comprise 60 per cent of all
women in Uzbekistan, including their access to health-care
services, education and income-generating activities.
190.
The Committee recommends that the Government pay
attention to the specific situation of rural women
and develop special strategies, policies and programmes
aimed at the economic empowerment of rural women,
ensuring their access to capital and productive
resources, as well as to health-care services and
educational and social opportunities. It calls for
more qualitative and quantitative data on this subject
to be presented in the next report.
191.
The Committee urges the Government to approve the
amendment to article 20, paragraph 1, of the Convention,
concerning the meeting time of the Committee.
192.
The Committee also urges the Government to ratify
the Optional Protocol to the Convention.
193.
The Committee requests the Government to respond
in its next periodic report to the specific issues
raised in the present concluding comments.
194.
The Committee requests the wide dissemination in
Uzbekistan of the present concluding comments in
order to make the people of Uzbekistan, in particular
governmental administrators and politicians, aware
of the steps that have been taken to ensure the
de jure and de facto equality of men and women and
of the future steps that are required in that regard.