Yemen
199.
The Committee considered the
initial, second and third
periodic reports of Yemen
(CEDAW/C/5/Add.61, CEDAW/C/13/Add.24
and Amend.1 and CEDAW/C/YEM/3)
at its 225th and 228th meetings,
on 29 January and 2 February
(see CEDAW/C/SR.225 and 228).
200.
In introducing the reports,
the representative apologized
for the fact that her colleagues
from the Yemeni capital could
not introduce the reports,
because they were occupied
with the preparations for
the first elections in the
country since the reunification
on 22 May 1990. The elections,
which would be free and in
which all citizens had the
equal right to participate,
marked an end to the transition
period the country was undergoing
as a result of the incorporation
of the former Democratic Yemen
and Yemen Arab Republic.
201.
The representative referred
to the historical backwardness
affecting women's status in
Yemen. Women's struggle for
human dignity and self-determination
went back thousands of years;
only after the revolutions
in the two parts of the country
had women's role in motivating
Yemeni society and restoring
its civilization been realized.
202.
The Constitution of Yemen
guaranteed equal rights and
duties to all, without distinguishing
between men and women. Since
the ratification of the Convention,
the Government had made available
all the possible means to
implement it and to achieve
de facto equality. The constitutional
rights had been embodied in
other laws, especially those
concerning political participation,
employment and education,
to establish firmly equality
for women and to eliminate
discrimination against them.
Legislation provided special
provisions to protect women
in pregnancy and maternity.
203.
The efforts of the Government
had not been limited to legislation
but had been expanded to translate
various rights into reality
through regulations in all
areas of women's life: the
judiciary, the civil service,
general elections and social
security. The Government had
established meaningful programmes,
funded by international organizations
or foreign assistance, based
on the creation of appropriate
mechanisms and special projects
to increase opportunities
for the education and employment
of women and to improve their
health. A special concern
had been training and education,
including making women aware
of their legal rights. Making
the Convention known, especially
among young generations, was
a priority for the Government.
204.
The representative said that
participation in the civil
service was free of gender
discrimination. Political
participation had also been
made equal but social and
regional differences, as well
as the small number of educated
and employed women, led to
a lower participation of women
in both political life and
decision-making. The representative
noted that Yemeni women had
played a prominent role in
international forums.
205.
The representative gave a
detailed explanation of parts
of the labour legislation.
She referred to the special
provisions concerning the
working hours of pregnant
or nursing women, and to the
long maternity leave of 60
days, a special entitlement
to leave in the event of the
death of a husband and the
retirement age. Nurseries
and kindergartens had been
established to increase women's
access to the labour market
and, thus, ensure their full
participation in the development
process. Nevertheless, the
problem of early marriage,
which resulted in uncompleted
education and illiteracy,
as well as social and religious
limitations and controls,
still hindered women's participation.
206.
Reference was made to the
special problems of rural
women, whose participation
in agricultural development
was very high because of the
migration of many men to urban
areas.
207.
A detailed description concerning
family laws, codified in the
new Personal Statute Law 20
of 1992, was given. The representative
said that polygamy occurred
under certain conditions.
The minimum age for marriage
was 15 years and a woman was
free to dispose of her dowry
as she wished. Details concerning
the annulment of marriage,
as well as the right to receive
compensation, were given.
With regard to the granting
of custody, a mother's eligibility
had to be proved. Poor morals
did not prevent a woman from
being granted custody until
a child was 5 years old. Custody
was granted for up to 9 years
for boys and for up to 12
years for girls.
208.
The representative said that
the distribution of information,
the mobilization of public
opinion and the development
of women's legal awareness
were high priorities of the
Government. She outlined the
means at the Government's
disposal for disseminating
the Convention.
209.
She concluded by saying that
many social, economic and
political difficulties had
prevented the full implementation
of the Convention, even though
the Government had done its
best to overcome them. She
said that despite numerous
laws, which guaranteed women
social, political, economic
and educational rights, certain
traditions and values of a
negative nature still affected
attitudes towards women and
impeded their real participation.
Those problems could not be
solved in a short period of
time.
General
observations
210.
Members said that the reports
of Yemen, especially the third
periodic report, were comprehensive
and frank, clearly defining
the progress made as well
as the obstacles, which provided
a good agenda for the Government
in future. The reports were
regarded as giving hope and
encouragement. In addition,
the efforts of the Government
in submitting and representing
its reports deserved a special
tribute, since the country
was going through serious
political changes on account
of unification. Moreover,
Yemeni women were to be congratulated
on certain laws that had been
enacted and applied in order
to enable them to participate
equally in the development
of their country. Women seemed
to be an integral part of
society, and their achievements
had to be especially praised
when considering the social
pressures under which they
lived.
211.
Structural difficulties, customary
traditions and cultural patterns
had impeded efforts to improve
women's situation quickly.
A clear commitment of the
Government to promoting women's
issues could, however, be
recognized. The establishment
of national machinery was
acknowledged especially; however,
considering its functions,
its workload seemed to be
too heavy, especially as it
sometimes acted as a family
tribunal. Therefore, the effective
coordination of the work of
the national machinery as
well as the creation of specific
institutions for action on
family disputes was requested.
Clarification was sought on
the Shariah and how it was
applied. The representative
stated that it was a main
source of legislation in Yemen.
212.
Members urged the Government
to pay special attention to
education, also in rural areas.
They cautioned against the
Government's preference, mentioned
in the second periodic report,
to encourage marriage and
the establishment of families
as it prevented youngsters,
especially girls, from completing
even their basic education.
213.
The Committee was reminded
that Yemen was one of the
least developed countries
in the world and, therefore,
faced serious economic difficulties
in achieving its policy goals.
The Committee appealed to
Governments, non-governmental
organizations and United Nations
bodies to extend their assistance
to women's organizations in
Yemen in order to promote
further the advancement of
women and thereby the development
of the country. It was essential
to maintain the momentum as
the foundation for real changes
had already been laid.
214.
Before answering the questions
raised by the Committee, the
representative made a clarification
to the effect that the initial
and second periodic reports
had been prepared, prior to
the unification, by Democratic
Yemen, which had ratified
the Convention. The third
periodic report covered the
unified Republic of Yemen,
which explained why it might
seem to be contradictory to
previous reports, as it reflected
the new legislation adopted
for the unified Republic.
215.
Members requested clarification
on the country's new Constitution
and asked specifically whether
it had been worded to include
the concept of discrimination
based on sex. The representative
said that the Constitution
guaranteed equality of rights
to all citizens and referred
to article 27, which explicitly
stipulated that discrimination
based on sex was prohibited.
216.
The Committee noted with appreciation
that Yemen had not made any
substantial reservations to
the Convention. The only one
that had been made concerned
the system for the settlement
of disputes, on which many
other countries had made reservations.
Nevertheless, members asked
whether the Government could
consider withdrawing its reservation.
Questions
related to specific articles
Article
2
217.
Members asked whether the
stipulations in article 48
of the Civil Service Law,
protecting pregnant and nursing
women, might not actually
be discriminatory in their
nature, as they negatively
affected women's employment
opportunities. They also asked
if the same regulation applied
to both public and private
posts. The representative
replied that men and women
were equal in the labour market
and that protective measures
for women, also in dangerous
workplaces, showed that women
enjoyed their full rights
in that field.
218.
Referring to the right of
a woman to have a maximum
of 40 days' special leave
in the event of her husband's
death, it was asked whether
men were entitled to the same
right when they were bereaved.
According to the representative,
even new legislation did not
mention men in that connection,
because of old customs. A
widow could not remarry until
three months had elapsed after
her husband's death. Members
asked for an explanation why
the period of such leave was
so long. The representative
replied that under the new
law, the period was three
months.
Article
4
219.
The representative said that
the Government had created
mechanisms and special projects
to encourage women's equality
in all sectors of the economy,
society and family, as well
as to promote the awareness
of women's rights. The Committee
wished to know what proportion
of young girls were included
in those special projects,
especially in those providing
information on the Convention.
In addition, information on
the impact of those projects
was requested and on whether
the new awareness was reflected
in the demands of women in
the relevant areas of their
work, as well as in private
and public life.
Article
5
220.
Asked about how the Yemeni
Council for Mother and Child
Welfare enforced policies
for mothers and children,
the representative said that
maternity child-care centres
had been established, as well
as centres for monitoring
health conditions and distributing
contraceptives.
221.
Concerning domestic and sexual
violence against women, members
asked what kind of information
was available on the subject,
what the incidence of such
violence was and what measures
the Government was taking
in the form of legislation,
public information campaigns
and education to eliminate
violence. Members asked whether
the Government worked in cooperation
with women's organizations
in providing shelter homes
or other protection for victims.
The representative regretted
that no statistics were available
on violence, but he agreed
that Yemen, like other societies,
faced such a phenomenon. The
Government was aware that
violence could take various
forms, both physical and psychological.
Referring to the latter, he
mentioned forcing a girl to
marry at young age or preventing
her from obtaining an education.
He referred to government
campaigns to raise awareness
among women. Moreover, if
a woman wanted to file a lawsuit
against violence, she had
the right to claim damages.
Article
7
222.
When asked about the low participation
of women in public service,
reflected in the fact that
only 10 of the 301 members
of the Council of Deputies
were women, the representative
stated that illiteracy, other
occupations of women within
the household and the fact
that over 70 per cent of Yemeni
women lived in rural areas
were the causes. Concerning
government measures to facilitate
women's access to administration
and to encourage their participation
in public life, he said that
the Government encouraged
women in all areas of life,
especially by improving education.
Article
8
223.
In the third periodic report,
as well as in the statement
of the representative, it
was mentioned that women had
held important positions in
international forums. The
Committee asked whether it
would be possible to have
some statistical data. The
representative observed that
Yemen had many female diplomats,
some in high positions.
Article
9
224.
The Committee pointed out
that the law concerning Yemeni
nationality seemed to be in
contradiction of the Convention.
Since no reservation had been
made under article 9, they
asked the Government to examine
its position and to alter
it. The representative indicated
that the question did not
appear clear and that he saw
no contradiction between the
Convention and the Yemeni
law concerned.
Article
10
225.
Reference was made to the
education of girls in rural
areas. In the third periodic
report it had been mentioned
that problems included the
unavailability of special
schools for girls and a lack
of qualified female teachers.
Asked why girls had to be
trained in special schools
and by female teachers, the
representative said that when
girls reached the secondary-school
stage, they were usually separated
from boys.
226.
Members asked how the Government
proposed to remove obstacles,
including the definition of
sex roles, and to encourage
the access of girls to education
on the basis of their own
motives. The representative
answered that the Government
was building schools in villages
to enable girls to attend,
but that it could not force
parents to send their girls
to school. Many traditions
and customs affected women
negatively in the development
process and changes needed
time. The Constitution guaranteed
education to both sexes on
the same basis.
227.
In reply to a question on
the proportion of girls leaving
school without completing
primary education, the representative
said that no statistics were
available as the country was
in a transitional stage. Only
the forthcoming elections
would put an end to that period,
when the elected Parliament
would elect the President
and the Prime Minister and
Yemen would thus complete
its unification process. He
underlined the difficult economic
situation in the country.
He hoped that more statistics
could be included in the next
periodic report.
228.
Asked about the number of
women who were illiterate,
the representative said that
he had no statistics but that
he presumed the percentage
was very high, perhaps even
95 per cent. Concerning government
literacy programmes, he said
that they could not be carried
out throughout the year because
of the costs. Despite the
limited duration of the programmes,
some positive results could
be seen. Referring to the
low number of students in
technical and vocational education
and girls' participation in
that field of education, he
said that no percentages could
be given, as he had no statistics.
He observed that women could
register in those schools,
but that they were usually
enrolled only in sewing and
handicraft institutions and
did not participate in other
areas.
Article
11
229.
Concerning the unemployment
rate in Yemen, the representative
said that he had no exact
information, but that he presumed
it to be high, especially
after the Gulf War, when about
1 million workers had returned
to Yemen, together with refugees
from neighbouring countries.
He could not give a percentage
for the number of unemployed
women, but thought it to be
even higher than that of men.
He observed that education
programmes and the merging
of the public sector because
of the unification were expensive
and that the war had badly
affected the economic situation.
230.
A question was asked about
the low participation rate
of women in the labour market
and about government measures
to encourage women's economic
activities. The representative
replied that the Government
had tried, through better
education, to increase women's
role in development.
Article
12
231.
Referring to the expansion
of immunization services,
members asked whether the
rural areas also benefited
from such services. The representative
replied that the State made
no distinction between different
areas of the country; health
services were for the entire
country.
232.
Asked about the actual maternal
mortality rate, what the major
causes for female mortality
were and whether traditional
birth attendance practices
still existed, the representative
declared that he had no statistics,
but that there were several
reasons for maternal mortality,
such as the lack of awareness
of health conditions, sickness
in general and malnutrition.
233.
The Committee asked whether
family planning methods had
proved effective and whether
the Government devoted sufficient
time, effort and resources
to encouraging family planning
and birth spacing, as the
high birth rate constituted
a serious health risk for
women. Members asked whether
the services were used and
what means were available
and used for family planning.
The representative said that
the issue was of serious concern
to the Government, which had
tried to affect public opinion
through various campaigns
and general education. He
noted that some good results
could be seen from the previous
years in spite of the fact
that the final decision had
to be made by people themselves
and that the Government could
not compel them to adopt a
certain behaviour. The reason
for the high fertility rate
was the custom of the country.
Many felt that religion prohibited
the use of contraceptives,
and usually fathers wanted
to have at least one son.
234.
Concerning the incidence of
AIDS and whether the Government
took educational and preventive
measures, the representative
noted that some AIDS cases
existed, but that government
resources were limited. It
tried to raise public awareness
and conducted health campaigns
to provide information about
HIV.
235.
Asked about the age of retirement
for women (10 years lower
than that for men), the representative
considered that that kind
of regulation was quite universal
and was not discriminatory
but actually favourable for
women.
Article
13
236.
As bank loans could be obtained
on the condition that the
borrower was a government
employee or employed by a
public institution, the Committee
viewed that condition as a
serious obstacle for women
to borrow from banks. Asked
whether the same conditions
applied in rural areas and
whether loans could be requested
for the purpose of financing
a business, the representative
said that State loans could
be granted for agriculture,
housing or factory construction
but were for a limited amount.
The intention of the condition
relating to public office
was to guarantee that the
loan would be paid back.
Article
14
237.
Asked whether women in rural
areas had the same access
to health-care services, including
information, counselling,
ante- and post-natal services,
and about the living conditions
in rural areas, especially
with regard to transportation,
communication and sanitation
facilities, the representative
replied that women had the
same access - sometimes even
better - to health-care services
as men. The Government's resources
were limited however in the
provision of health-care centres
to villages. Regarding rural
living conditions, he mentioned
that the Government was trying
to provide a telephone network
to every village or to at
least every district.
238.
With regard to the reason
for the lack of schools in
rural areas, the representative
said that the Government was
trying to have a primary school
in each village or at least
in each district. Distances
were often far and arduous
for young children.
239.
In his reply to the question
why only women were designated
to carry water to homes, as
that practice created a serious
health risk for them, the
representative referred to
the high sense of responsibility
of Yemeni women. Sometimes
drinking water had to be carried
over long distances. Yemeni
women had an attitude that
that was just a fact of life.
Sometimes men did participate
in carrying water.
240.
Asked about the equal right
to own and inherit land, the
representative stated that
the Shariah stipulated that
men inherited twice as much
as women. The Government could
not change that. However,
if a woman inherited property
from her father, she had equal
rights to that property. Based
on experience in other countries,
the Committee proposed further
options, in accordance with
the Shariah, for parents to
treat all their children equally.
As a will was not allowed
under the Shariah, parents
could give a gift during their
lifetime so that all children
would inherit equally. The
representative replied that
a written explanation was
required if parents wanted
to donate a portion of their
property to a daughter or
a son. No answer was provided
to a question about the percentage
of women that owned land.
241.
The Committee requested information
on government measures to
improve the status of women
in rural areas. The representative
answered that the Government
was providing education, including
literacy programmes and training,
for example in handicrafts.
Article
15
242.
With regard to women's legal
capacity in court proceedings,
the representative said that
women could file lawsuits
in courts and institute proceedings
themselves. They could also
become judges. He said that
women could be effective in
defending their rights and
thus obtaining equality.
Article
16
243.
The Committee requested clarification
on polygamy in Yemen as well
as on the most important recent
changes in family laws. The
representative said that,
after the unification, the
Government had had to rethink
its policy on polygamy. Polygamy
was permitted under certain
conditions. The representative
referred to the Shariah as
the main source of law that
the Government had to obey.
The Government could only
impose conditions on polygamy;
it did not encourage it. It
was noticeable that, as their
economic situation improved,
parents more often wanted
to provide a good education
for their children. As awareness
increased, polygamy became
less prevalent and among young
people especially the phenomenon
was decreasing. Education
therefore played a major role.
The task was not easy, especially
in Yemen, as the illiteracy
rate was so high.
Concluding
observations
244.
The Committee drew the attention
of non-governmental organizations
and Governments to the serious
financial constraints under
which two United Nations bodies,
the United Nations Development
Fund for Women (UNIFEM) and
the International Fund for
Agricultural Development (IFAD),
had to operate. Many developing
countries had had good experiences
of their work in promoting
women's equality, especially
at the grass-roots level.
Experts and others present
were requested to pressurize
their Governments to increase
their contributions to the
two United Nations organizations.
245.
The Committee underlined the
necessity for statistics,
especially gender-disaggregated
data, to provide a full picture
of the de facto situation
of women in the country as
a basis for planning. The
Government of Yemen was urged
to give a high priority to
education, especially among
young women. The Committee
suggested that the Government
should include a women's dimension
in its requests for foreign
assistance programmes in particular,
in view of the fact that programmes
with a women's dimension existed.
Furthermore, the right of
illiterate persons to participate
should not be undermined.
246.
The Committee expressed its
hope that the Government would,
in the light of the reforms
that had already started in
the country, examine its cultural
and historical traditions
with a view to achieving the
full equality of men and women.
It was pointed out that economic,
social and cultural development
always depended on progress
in respect of women's rights.
