Initial
report (Addendum) dated 5 December 1998 (E/1990/5/Add.
36)
Political History
Armenia was the first republic to declare independence
from the Soviet Union, in September 1991. Since then,
the country has been in transition to a free market
economy. The process has been marked by a difficult
economic situation exacerbated by internal political
struggle and military conflicts in the region.
Both the presidential (1998) and parliamentary (1999)
elections have been termed irregular by international
observers. In March 1998, Robert Kocharyan was elected
president for a term of four years. Kocharyan, a native
of Nagorno-Karabakh, is considered to be a hard-liner;
he supports an increase in military spending and the
resumption of military action against Azerbaijan to
resolve a major conflict over Nagorno-Karabakh. Former
Armenia president Levon Ter-Petrossian was forced
to resign after demonstrating willingness to negotiate
with Azerbaijan over Nagorno-Karabakh. As a result
of the most recent parliamentary elections in May
1999, economic liberals and center-right parties,
who had supported IMF-dictated economic reforms since
1994, were ousted from the National Assembly. Nearly
half of Armenia's state budget has been financed by
IMF and World Bank loans under the condition of the
implementation of privatization, budgetary restraints
and trade liberalization.
Women in Political and Public Life
In the Soviet period, women's participation in the
legislative and executive branches of the government
reached 36.6 per cent. When the first free parliamentary
elections were held in Armenia in 1990, the percentage
of women in the legislative body dropped to 3.7 percent,
and following the 1999 parliamentary election it decreased
to 3.05 percent. The proportion of women in municipal
and regional councils fell to about 10.7 percent and
in the executive branch even more. At present, there
is only one woman minister. Three deputy ministers
and one chief executive in a local authority are women.
There are no women among regional and community leaders.
Out of 124 judges, only 23 are women. In the Public
Prosecutor's office, women account for 20.7 percent
of employees.
In the past, the government has explained that, unlike
in Soviet times, "[the women in parliament] are
really engaged in the legislation making process and
are not only formally registered as such for the sake
of making the statistics look more 'democratic' ...
." Nevertheless, especially in light of women's
recent loss of parliamentary representation, women's
NGOs express alarm at this situation and have called
for the establishment of quotas to increase women's
presence in the executive and legislative branches.
Women's Non-Governmental Organizations
Given the virtual absence of women in government structures,
they attempt to participate in political life through
various non-governmental organizations. Currently,
there are more than 40 registered women's non-governmental
organizations and several unregistered organizations
which deal specifically with issues affecting women,
and some, such as Women with University Education,
have opened branches outside Yerevan. Women's NGOs
are allowed to participate in the work of government
commissions. They have been in frequent contact with
the Ministry of Social Security and with commissions
at the General Assembly, but activists told IWRAW
that they are not allowed to take part in decision-making
and their recommendations are not given serious consideration.
Freedom of Expression
Media
The Soviet "Law on Press" adopted in 1991
remains in effect. The law provides for "freedom
of the press and other mass media" (art. 2) and
for "the rights to receive information"
(art. 4). At the same time, the law bans the "abuse
of press freedom" and makes illegal and punishable
by a six-month suspension the publication of state
secrets, incitement to war and violence, and hate
speech.
President Kocharyan has sought to improve government's
relations with the press. The powerful Defense Minister
Vazgen Sarkissian and his staff, however, have continued
to be hostile toward journalists requesting information,
and his office habitually fails to respond to queries.
Journalists exercise self-censorship, especially with
regard to news of human rights violations in the conflict
with Azerbaijan, because there have been reports that
journalists have suffered harassment, threatening
phone calls, warnings from officials, and even beatings.
The most fundamental problem limiting access to the
press is the overwhelming poverty. Newspaper circulation
is very small as Armenians cannot afford them. News
kiosks are said to rent copies of newspapers for a
small fee.
Economic Situation
Armenia is a small landlocked country with few natural
resources and only a small amount of arable land.
In addition to the blockade imposed by Turkey and
Azerbaijan, the country's economic situation was exacerbated
by the closure of its only nuclear power plant following
the 1988 earthquake, as well as by economic crisis
in Russia. Armenia experienced the largest decrease
in industrial output among the former Soviet republics.
Only in 1991-1993, the GDP fell by 60 percent. Yet,
despite the crises, according to The Economist, Armenia
"performed the sort of budget-tightening that
makes officials of the IMF glow with enthusiasm."
A tough reform program instituted by former president
Ter-Petrossian steered the country towards a market
economy, with low inflation and foreign debt, and
rising industrial production, a trend which has continued
into 1999.
In 1998, the inflation rate stood at 8.7 percent
and the GDP increased by 7.2 percent which was the
highest rate since the implementation of the reforms
in 1992. This "success," however, has come
at the cost of the deterioration of overall quality
of life. A 1995 United Nations Development Program
(UNDP) report characterized the society as comprising
a rich elite and "a vast army of poor and deprived."
According to World Bank estimates, 90 percent of Armenians
live below poverty level, and unemployment reaches
50 percent in some regions.
Emigration
The harsh realities of everyday life in Armenia, high
unemployment and bleak prospects for the future, have
contributed to a huge outflow of its citizens in recent
years. It is estimated that approximately 400,000
people, about one-sixth of the population, have emigrated
since 1991. Most have gone to Russia and to the United
States. According to the data provided by NGOs, men
are the majority of those who have left. Consequently,
women now constitute about seventy percent of the
country's population.
The following assessment of women's status in Armenia
is based in part on the findings of a fact-finding
trip to Yerevan, Armenia in September 1998. This report
is also based on reports of Armenian women's NGOs,
interviews that IWRAW conducted with representatives
of NGOs and other knowledgeable individuals, correspondence
with several activists and background information
obtained from published books and articles.
Marsha Freeman, IWRAW Director, and Jeffrey Baldwin-Bott,
IWRAW Research Assistant , edited the report.
The following are some of the organizations and documents
received from NGOs in Armenia that form the core of
this report: document "Declaration Regarding
the Status of Armenian Women and Functioning of Non-Governmental
Organizations" which IWRAW received from the
Women's Council of Armenia. Written for the Beijing
Conference in 1995, IWRAW received the document with
a 1997 update prepared in collaboration with the League
of Women Voters (LWV). The Women's Council of Armenia
was established in 1987 and is one of the largest
women's NGOs in Armenia. The Council states that it
was established in order to defend the rights of women
and children of the Republic and increase women's
role in the political, socio-economic and cultural
life of the country. LWV was created in 1996 in an
effort to promote women's participation in the electoral
process. IWRAW also received information from the
Center for Gender Studies in Yerevan, and the Association
of Women with University Education.
I want to thank everyone I met with in Armenia for
their time and effort in helping me understand the
issues and problems related to women's human rights
in Armenia. I am grateful to Gulnara Shahinian for
her assistance with my meeting schedule. I am also
thankful to Nora Hakopian, and Svetlana Aslanian for
their friendship and the many ways they assisted and
supported me during the visit to Yerevan.
STATUS OF WOMEN IN ARMENIA
UNDER SPECIFIC ICESCR ARTICLES:
COVENANT ARTICLE 2 and 3: Non-Discrimination and
Obligation of States Parties to Adopt Legislative
Measures and Equal Rights of Men and Women
Following independence in September 1991, the Armenian
Parliament ratified most of the international treaties
protecting human rights. Women enjoy equality with
men under Armenian law. However, the government has
been extremely slow to begin establishing the mechanisms
designed to effectively deal with problems affecting
the status of women, to protect them from discrimination,
and ensure equal opportunities for them. The Women's
Council of Armenia reports that after a Russian study
of the various institutional mechanisms within the
European Parliament was presented to the Armenian
government, noting that similar structures existed
in Russia and other CIS countries, a division of "family
matters" was formed within the Ministry of Employment
and Social Security. The Women's Council emphasizes
that this mechanism does not have adequate authority
or status to deal with the problems assigned to it.
The Women's Council maintains that women's development
will not go forward without long-term projects in
all spheres of government. Also, without a national
structure at the level of a women's ministry or an
office for women's affairs within the president's
office to promote women's equality, women's status
will continue to deteriorate in all spheres of life.
According to a 1998 report evaluating Armenia's fulfillment
of obligations under the Beijing Platform for Action,
as of mid-1998, the government had not yet adopted
a national action plan. Although the government was
examining policies to improve women's status and invited
several NGOs to participate in consultations, so far,
gender-specific approaches have not been used in government
planning. There exists no national mechanism to coordinate
the implementation of the Platform, and there are
no government structures to deal with women's concerns
at the regional level. At the 17th session of the
UN Committee on Elimination of Discrimination Against
Women (CEDAW), Armenia representatives made a commitment
to set up a department to deal with women's issues
in 1998. It is unknown if this has been done. Women's
organizations, such as Women with University Education,
have demonstrated willingness to work with the government
on the improvement of women's status, and they have
put forward project proposals. For instance, the National
Program of the Republic of Armenia on Improvement
of Condition of Women was presented to the National
Assembly, the President and the Prime Minister of
Armenia. No response, either negative or positive,
has been received so far. Appeals by women's groups
to pass a Consumer Rights Law, and others related
to shortcomings of the health care reforms and mechanisms
for its coordination have also been left without a
reply from the government.
Stereotypes and Societal Roles
Women constitute the majority of higher education
graduates (51.8 percent) , but this has not translated
into meaningful employment opportunities following
graduation. Few women can be found in executive positions
both in private companies and in state structures.
For instance, a government report to CESCR acknowledges
that although the number of women in the government
and its agencies is large, few occupy leadership positions
(5.2 percent).
The prevalent attitude in the society, echoed for
instance in the government's initial report to CEDAW
which was presented in 1997, is the belief that women's
foremost role is in the private sphere and family.
The report repeatedly refers to women's traditional
roles as mothers and wives. According to the Association
of Women with University Education, the government
has done nothing to overcome the stereotypical understanding
of women's role and place in the society. In fact,
government officials continue to refer to the "natural"
roles of women. Sources say that this is consistent
with the fact that no substantial initiatives have
been taken to promote the advancement of women in
the public sphere. The National Commission on Women
was formed only after pressure from the UN. Several
other Armenian women whom IWRAW interviewed felt that
government's emphasis on the maternal role of women
is meant to distract from problems that women face
in the social environment, including their minimal
role in political decision-making and lack of professional
opportunities.
According to the Association of Women with University
Education, since 1990 the government has adopted no
laws aimed at the improvement of women's status in
the society. Moreover, especially in the last six
years, laws have been passed that have reduced social
guarantees and eliminated several important social
benefits and services directly impacting women. The
government lowered salaries and at the same time canceled
subsidies for children over five years old, which
put women in an even more precarious position than
before.
Jails
Armenia's prisons are still run according to the rules
of the Soviet prison system. The government has proposed
prison system reforms which are to include the establishment
of general and high-security prisons for women, but
no information is available on the progress of these
projects.
In 1998, out of 6,000 prisoners serving time, 233
were women. They were all incarcerated in a prison
center located in the town of Abovian (seven miles
north of Yerevan). According to the Center for Gender
Studies, the conditions for women in prisons mirror
discrimination against women found in the general
society. According to a study conducted by the Center
for Gender Studies at Abovian, the prison lacks basic
sanitary necessities and medical assistance. Women
are not provided separate rooms which would allow
for a conjugal visit with their husbands, while male
prisoners are allowed to stay with their wives for
several days. The Center for Gender Studies reports
that women incarcerated for simple crimes, such as
petty theft, were kept in the same cells with criminals
sentenced for more serious crimes. They claim that
such a situation demoralizes the prisoners instead
of contributing to their rehabilitation.
COVENANT ARTICLES 6 and 7: Right to Work and to Just
and Favorable Conditions of Work
Activists consider women's economic dependence to
be the main obstacle to their advancement. In the
context of women's economic dependence, according
to Jemma Hasratian of the Association of Women with
University Education, it is useless to talk about
their political, civic and other equalities. The Center
for Gender Studies reports that men are routinely
the preferred candidates in hiring, a process conducted
by predominantly male bosses. Despite their higher
academic achievement, an overwhelming number of women
in Armenia occupy low-skilled positions. According
to Barbara Merguerian of the Armenian International
Women's Association, almost as a rule, even the most
educated women are left out of the highest-paid and
executive positions. Women predominate in non-managerial
positions in manufacturing, primary and secondary
education, and in health centers - jobs which typically
pay the lowest salaries. Women with higher education
are often forced to work as restaurant cooks, provide
cleaning services or do handicrafts. Moreover, there
are no mechanisms to enforce the anti-discrimination
labor laws - labor rights violations are commonly
not reported and no measures are being taken to improve
the situation.
Women's NGOs report that the increasing social inequality
and poverty in the country has affected women more
than men. For example, women are the first victims
of growing unemployment. The initial government report
to CEDAW explains higher unemployment among women
by the fact that "traditionally women are more
oriented towards family and children." The NGOs,
however, estimate that 80 percent of women who would
like to work cannot find employment. In April 1997,
the director of an employment center in Yerevan reported
that 78 percent of the unemployed registered with
his office are women, most of whom have higher education.
Despite the statement in the government report to
CESCR that "women and men receive equal pay for
equal work (article 83 of Labor Code) , NGOs reports
that women who find jobs earn about 75 percent of
men's salary.
Health care is one of the fields where women are
in the majority. According to the Center for Gender
Studies, women comprise seventy percent of the doctors
in Armenia. However, among doctors occupying senior
positions, only about 20 percent are women.
Informal Sector
According to the Center for Gender Studies report,
women who do not fit into the official labor market
have been forced to seek other ways to generate income.
In recent years, there has been a growing trend of
women engaging in unofficial trade. These women travel
to neighboring countries, such as Turkey, and bring
merchandise for sale back to Armenia. Sources say
that the government is well aware of the extent of
this phenomenon, but has done nothing to regulate
or upgrade the growing industry. As a result, these
businesses have no legal protection, and cannot obtain
insurance, and its owners are not entitled to health
protection or social benefits. These women are often
exposed to sexual violence and crime.
Privatization
Women's organizations have called for the establishment
of special programs to stimulate women's involvement
in the privatization process. According to the Women's
Council, women have been generally left out of this
privatization process. Sources say that during the
process of land privatization, for example, land was
only registered in women's names if the man in the
family was absent. The Association of Women with University
Education claims that the government has violated
women's economic rights by their exclusion from the
process.
Rural Women
The difficult economic situation of the country has
particularly affected rural women. The overwhelming
majority of rural women work as agricultural laborers.
The countryside is plagued by constant shortages of
water and cultivation equipment. Women's NGOs emphasize
the deteriorating physical and psychological condition
of women living in the countryside and urge that it
merits special attention from the government. Several
NGOs felt that the government needs to take more committed
action to improve the availability of health care
services in rural areas.
COVENANT ARTICLE 12: Right to Physical and Mental
Health
Health Risks
Since 1990, the health of the general population in
Armenia has deteriorated markedly. For instance, the
incidence of tuberculosis (TB) increased from 16.6
in 1990 to 21.6 and 24.0 in 1995 and 1996, respectively.
The incidence in children under 14 and women has increased
twofold, and for adolescents (15-17), it grew threefold
during the period 1995-1996.
Abortion and Family Planning
Armenia has a high abortion rate - an average of 2.7
abortions per woman. Dr. Mary Khachikian, president
of the NGO Armenian Family Health, considers the steady
rate of abortion to be the most serious problem related
to women's reproductive health. It is accompanied
by low fertility rates and high maternal mortality
rates (50 per 100,000, compared to 22 in neighboring
Azerbaijan, and 33 in Georgia). Abortion remains the
primary means of fertility control in Armenia due
to the lack of contraceptives and effective family
planning services.
According to a 1998 study among abortion seekers,
most of the 200 women who were surveyed had undergone
prior abortion and had insignificant experience with
contraception. Another survey conducted in 1997, found
that 75 percent of women surveyed (aged 15-25) had
used abortion for fertility regulation. Ninety percent
of them were married: 93.8 percent of the pregnancies
were unplanned, and 94.6 percent were unwanted. 86.6
percent of the women had not used contraception during
the month when conception occurred. The average number
of abortions was 2.3 among women aged 15-20 and 2.4
among women aged 21-25. Thirty-seven percent of abortions
were sought because of a lack of financial means to
support a child, while 38 percent of women did not
want to child due to the generally difficult socioeconomic
situation. Nearly half of the women reported using
abortion as a means of fertility regulation because
of lack of knowledge of another method of contraception.
Most of the women who undergo abortion report receiving
inadequate counseling, either related to the abortion
procedure or to post-abortion contraception (approximately
96 and 93 percent, respectively). Despite this alarming
situation, according to several NGO sources, the government
does not promote and support any programs which would
aim at improving the quality of family planning services
and implement family planning education. Several NGO
representatives told IWRAW that NGOs are interested
in providing information and raising funds for sex
education for adolescents, but they need cooperation
from the Ministry of Health and government agencies,
as well as assistance in providing training space
and equipment.
NGOs also report that prenatal services are extremely
poor. As a result, there has been a considerable increase
in the incidence of anemia in pregnant women in recent
years, as well as health deficiencies in women who
are breast-feeding, and other related health problems.
As women's health deteriorates, the children are born
weaker. Also, our sources report that, contrary to
the government's official claims, malnutrition affects
increasing numbers of children under the age of five
years old.
Sterilization
According to Dr. Khachikian, laws pertaining to reproductive
health cannot be put into practice because of lack
of funds and training. For instance, although there
is a law allowing for sterilization after the second
child, doctors are not adequately trained and do not
know how to perform this kind of operation.
Violence Against Women
The old Soviet legal code is still in use in Armenia.
The Criminal Code cites specific punishments for rape,
forced abortion and forbidding a woman from marrying.
There is, however, no provision stipulating punishment
for domestic violence. According to the Women's Rights
Center (WRC) in Yerevan, women are generally ignorant
of the full meaning of violence and have difficulty
assessing violence that they suffer or have suffered.
They are largely unaware of the right to live free
from physical and emotional abuse. An attitude that
violence is a private matter and that "if one
beats, then he loves" is still common. A recent
sociological study survey entitled "Do you really
know your rights?" conducted by WRC in Yerevan,
attempted to assess women's awareness about violence.
A sample of 100 women (all city-dwellers from various
educational, professional, socioeconomic backgrounds
and a range of age groups) were surveyed. Only one
woman was familiar with UN human rights treaties,
and 74 women had never heard of them. Most of them
did not know whether Armenia has ratified international
human rights instruments. The study also demonstrated
extremely low knowledge of domestic laws pertaining
to women - 14 were aware of their existence. On the
other hand, 86 stated that there exists violence against
women in Armenia, and more than half had personal
knowledge of such cases.
Rape
In 1996, the Interior Ministry registered 32 cases
of rape and attempted rape. The government report
to CEDAW acknowledges that the "amount of such
cases may be higher and those who have suffered assault
do not turn to the help of law-enforcement bodies,
because they would prefer to talk about their case
with female personnel." At the same time, the
government does not explain whether there has been
any effort to hire female staff.
COVENANT ARTICLES 13 and 14: Right to Education
Women's right to education was incorporated into
Armenia's constitution 70 years ago. Education is
highly prized in the society, and Armenia has one
of the highest literacy rates in the world. Both boys
and girls receive equal educational opportunities,
and at present more women receive university and postgraduate
education than men. Unfortunately, this has not led
to meaningful professional opportunities for women
(see under Covenant Article 6 and 7).
REVIEWS BY OTHER UN HUMAN RIGHTS MECHANISMS:
Concluding observations of the Human Rights Committee
: Armenia. 19 November 1998.
Principal subjects of concern and recommendations:
· Address the persistent de facto discrimination
against women in the light of Armenia's obligations
under the Covenant.
· The Committee is concerned about discrimination
against women in employment and their under-representation
in the conduct of public affairs. Furthermore, the
Committee regrets the disproportionate level of unemployment
among women, which has been explained by the delegation
as being due to economic hardship.
· Take specific protection and punitive measures
with respect to all forms of violence against women,
including rape.
· Urgently address the phenomenon of street
children in Armenia.
Concluding observations of the Committee on the Elimination
of Racial Discrimination: Armenia. 19 March 1998.
No recommendations concerning women were issued by
this Committee.
Concluding Observations of the Committee on the Elimination
of Discrimination Against Women : Armenia. 14 July
1997.
Suggestions and recommendations:
· Establish a national machinery for the advancement
of women, fully staffed and resourced, to integrate
the perspective of women's human rights and gender
analysis into all ongoing policy-making and strategic
development planning activities.
· Take temporary special measures to create
employment opportunities for women, including special
credit and loan programs for women entrepreneurs.
Adopt temporary special measures to remedy the severe
decrease in the political representation of women
in all areas of public life, including political representation,
since independence.
· Give attention to the subject of violence
against women, by encouraging a public discussion
of its various forms, initiating appropriate legislation,
training law enforcement officers, judges and health
professionals, including adequate numbers of female
personnel, to identify, manage and eliminate the manifestations
of violence against women, and by guaranteeing that
the necessary psycho-social and health services are
available to victims of violence, with particular
attention to internally displaced and refugee women.
· Use the education system and the electronic
media to combat the traditional stereotype of women
"in the noble role of mother" and to raise
awareness of the role of men in caring and their responsibility
for parenting.
· Collect information and sex disaggregated
data in all areas, in particular as regards violence
against women, prostitution and health.
· Ensure the fulfillment of social responsibilities
and obligations under international human rights law
in the planning and implementation of privatization
policies and programs in order not to deprive women
and other vulnerable groups of enjoyment of their
human rights, especially in the area of health.
Concluding observations of the Committee against Torture
: Armenia. 9 July 1996.
No recommendations concerning women were issued by
this Committee.