Egypt

Committee on the Elimination of Discrimination against Women
Twenty-fifth session
15 January-2 February 2001

Consideration of reports of States parties

Egypt

Third and combined fourth and fifth periodic reports

1. The Committee considered the third report and the combined fourth and fifth periodic reports of the Arab Republic of Egypt (CEDAW/C/EGY/3 and CEDAW/C/EGY/4 and 5) at its 492nd and 493rd meetings, on 19 January 2001.

(a) Introduction by the State party

2. In introducing the reports, the representative of Egypt emphasized the improvement in favor of women in the following domains: legal, institutional and practical domain. In the legal domain many laws were amended in favor of women such as family laws. The National Council for Women (NCW) was created in February 2000 by Presidential Decree as the first political institution focusing on the empowerment of women, monitoring of implementation of the Convention, laws and policies affecting women's lives. The Council reports directly to the
President, and its 30 members have been selected from different disciplines and sectors, including the academia community and non-governmental organizations. The representative stressed the importance of collaboration between non-governmental organizations and the NCW, particularly with regard to the implementation of programs aiming at the reduction of poverty resulting from privatization and structural adjustment programmes, particularly among female-heads of households in both rural women urban poor areas.

3. The representative informed the Committee that, during the 2000 elections, the National Council for Women had supported women's participation both as candidates and as voters. Women's awareness of the importance of political participation had increased. The number of female candidates had consequently increased from 87 in 1995 to 120 in 2000, with 7 candidates being elected in 2000 as opposed to 5 in 1995.

4. The legislative committee of the National Council for Women had reviewed the current nationality law and recommended that it be amended to entitle Egyptian women married to foreigners the right to confer their nationality on their children. It had also reviewed the draft labour law, recommending amendments to ensure that existing benefits, including maternity leave and leave to care for children, remained available for all working women, including those in the Government, public or private sectors. In addition, the legislative committee is reviewing the draft law on passports which had been formulated in response to the Supreme Constitutional Court's ruling that a ministerial decree requiring the husband's consent to the issue of a wife's passport was unconstitutional. The legislative committee within the NCW would initiate a campaign to raise awareness of this draft law, and had also formed a committee to elaborate a new family code.

5. The representative informed the Committee of recent laws and regulations seeking to eliminate discrimination between women and men. These included Law No. 12 of 1996, passed in compliance with the Convention on the Rights of the Child, to provide protective measures for mothers and children and guarantee the rights of women as mothers and working women, and Law No. 1 of 2000, enacted after a ten-year period of consultation, which
entered into force on 1 March 2000, which, inter alia, grants women the right to "khul" or unilateral divorce by repudiation without the need to prove damage. Executive decrees issued as a result of Law No. 1 of 2000 included a new marriage contract, which came into effect on 16 August 2000, elaborating protective provisions, such as financial provision and polygamy. Also in the Penal Code, article 291 which provides a defense in cases of kidnap and rape where the defendant marries the victim was repealed.

6. The representative noted that, despite the progress that had been made in implementing the Convention, there were a number of areas that required attention. They included discrimination against women with regard to the nationality of their children, the low representation of women in many areas of decision-making, including the Parliament, the absence of women in the judiciary, the high levels of illiteracy among women and girls and
violence against women. In order to overcome these obstacles, she indicated the importance of human rights education, the National Council for Women is pursuing an awareness campaign with the aid of the concerned authority. She indicated that human rights education had been included in law courses taught in the Police Academy. She referred to the ongoing awareness campaign and training courses on human rights for law enforcement and legal
personnel.

7. The representative indicated that the Government intended to enhance efforts towards the achievements of equality between women and men and the elimination of discrimination against women. She noted that cultural constraints and traditions sometimes impeded change and obstructed implementation of the law. In this context, she indicated that the Government, through the National Council for Women, in collaboration with the Egyptian intelligentsia both men and women, would seek to use indigenous formulations which are deeply rooted in
Egyptian and Islamic culture and which assert the equality between women and men. With the aid of all concerned governement and non-governemental agencies, the National Council for Women participate in raising awareness campaign and to ensure proper interpretations and to clarify misinterpretations of religious concepts and to demonstrate that the principles of the Sharia provide for the full equality between women and men, and respect for women's human dignity.

8. In conclusion, the representative informed the Committee that efforts were under way to address the reservations entered by the Government of Egypt on ratification of the Convention. It had recommended the withdrawal of the reservation to article 2 of the Convention, and as far as the reservation on article 9, paragraph 2, and article 16 are
concerned, they are actively under review.

b.Concluding comments of the Committee

Introduction

9. The Committee commends the Government of Egypt on its third and combined fourth and fifth periodic reports, which are in accordance with the Committee's guidelines for the preparation of periodic reports. It also commends the Government for the comprehensive written replies to the questions of the Committee's pre-session working group, and the oral presentation of the delegation that sought to clarify the current situation of women in Egypt,
and provided additional information on the implementation of the Convention.

10. The Committee congratulates the Government for the high-level and large delegation, headed by the Secretary-General of the National Council for Women. The Committee appreciates the open dialogue that took place between the delegation and the members of the Committee.

Positive aspects

11. The Committee welcomes the establishment of the National Council for Women, which was created by Presidential decree, reports directly to the President and is mandated to monitor laws and policies affecting women's lives, raise awareness and monitor the implementation of the Convention. The Committee considers that the establishment of the National Council for Women reflects significant political will and the Government's
commitment to enhancing the status of women in compliance with the Convention. The Committee commends the fact that non-governmental organizations are represented in the National Council for Women and participated in the preparation of the reports.

12. The Committee notes the introduction of legal reforms aimed at the elimination of discrimination against women, particularly Law No. 1 of 2000, which, inter alia, gives women a right to terminate the marriage contract unilaterally ("khul").

13. The Committee takes note with appreciation of the important reduction of female illiteracy rates obtained by Egypt by implementing special programmes and specific budgetary allocations.

Factors and difficulties affecting the implementation of the Convention

14. The Committee notes that, although the Constitution guarantees equality of men and women and the Convention prevails over national legislation, so that all authorities are bound to implement it, the persistence of patriarchal attitudes and stereotypical behaviour with respect to the role of women and men in the family and society limit the full implementation of the Convention.

Principal areas of concern and recommendations

15. Appreciating the efforts of the National Council for Women to encourage the Government to withdraw the reservations to articles 2, 9, paragraph 2, and article 16 of the Convention, the Committee is nonetheless concerned that these reservations, entered by the State party on ratification, have been retained.

16. The Committee urges the State party to expedite the steps necessary for withdrawal of its reservations and in that regard draws its attention to the Committee's statement on reservations in the report on the nineteenth session1 and, in particular, its view that articles 2 and 16 are central to the object and purpose of the Convention and that, in accordance with article 28, paragraph 2, they should be withdrawn.

17. The Committee notes with concern that women who seek divorce by unilateral termination of their marriage contract under Law No. 1 of 2000 ("khul") must forego in all cases their rights to financial provision, including the dower.

18. The Committee recommends that the Government consider a revision of Law No. 1 of 2000, in order to eliminate this financial discrimination against women.

19. The Committee is concerned that the Egyptian nationality law prevents an Egyptian woman from passing on her nationality to her children if her husband is not Egyptian, while Egyptian men married to non-Egyptians may do so. It is concerned by the hardship faced by the children of Egyptian women married to non-Egyptian men, including financial hardship with regard to education. The Committee considers this limitation on the rights of women to be
inconsistent with the Convention.

20. The Committee calls on the State party to revise the legislation governing nationality in order to make it consistent with the provisions of the Convention.

21. The Committee notes with concern that the persistence of cultural stereotypes and patriarchal attitudes impedes progress in the implementation of the Convention and the full enjoyment of their human rights. In this regard, the Committee is concerned that article 11 of the Egyptian Constitution, which states that "the State shall enable a woman to reconcile her duties towards her family with her work in society and guarantee her equality with men in the sphere of political, social, cultural and economic life", appears to entrench the woman's primary role as mother and homemaker.

22. The Committee urges the Government to increase awareness-raising programmes, including those specifically directed to men, and to take measures to change stereotypical attitudes and perceptions about the roles and responsibilities of women and men.

23. The Committee is concerned at the continuing stereotypical portrayal of women in the media, which encourages discrimination and undermines the equality between men and women.

24. The Committee urges the Government, including the National Council for Women, to support the important role of the media in changing stereotypical attitudes towards women and in promoting equality between men and women as prescribed by the Constitution and international standards. It recommends that opportunities should be created for the portrayal of positive, non-traditional images of women and that the number of women in decision-making positions in the media should be increased. It also recommends that the Government establish, within the National Council for Women, a monitoring body on the representation of women in the media.

25. The Committee is concerned that the Government has addressed human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) only as a health issue.

26. The Committee urges the Government of Egypt to address the multi-dimensional and cross-cutting nature of HIV/AIDS, including its human rights, economic, social, development and security dimensions.

27. Taking note of the successful efforts by the Government to reduce the drop-out rate for girls in primary education, the Committee expresses its concern at the remaining high level of female illiteracy and the rate at which girls and young women drop out of secondary school and university.

28. The Committee recommends the Government continue and strengthen its efforts to eradicate female illiteracy, in particular in the rural areas. The Committee calls on the Government to continue its programmes to prevent dropouts by girls in the primary education, and to reduce the dropout of girls and young women at secondary school and university, including through the use of incentives for parents so as to provide young women with the necessary skills and knowledge to participate on the basis of equality with men in the labour market.

29. The Committee is concerned that stereotypical attitudes about the roles of women and men in the family and society are reflected in women's low level of representation in decision-making at all levels and in all areas. The Committee is particularly concerned that, although there is no law that prohibits the appointment of women as judges, no woman has ever been appointed as a judge.

30. The Committee calls on the Government to increase the number of women at all levels of decision-making, including in Government and Parliament. It urges the Government to implement temporary special measures, such as numerical goals and quotas connected with time frames, in accordance with article 4.1 of the Convention in order to increase the representation of women at decision-making levels in all areas.

31. The Committee is concerned at the lack of information on women's participation and conditions in the labour market, including in the private and informal sectors, and that there is little information and data on the impact of the recent privatization measures taken by the Government.

32. The Committee calls on the Government to provide more information on this area in its next periodic report.

33. The Committee expresses its concern that, although efforts have been made, there is no holistic approach to the prevention and elimination of violence against women, including domestic violence, marital rape, violence against women in detention centres and crimes committed in the name of honour, or the punishment of perpetrators. The Committee is also concerned at the high level of violence against adolescent girls and young married women.

34. The Committee urges the Government to conduct a national survey on the extent of violence against women, including rural women. It calls on the Government to assess the impact of existing measures to address the various forms of violence against women. It recommends that the root causes of violence against women, especially domestic violence, be investigated, so as to improve the effectiveness of legislation, policies and programmes aimed
at combating such violence. It also recommends that the Government implement training and sensitization programmes for the judiciary, law enforcement officials and members of the legal and health professions, as well as awareness-raising measures to create zero tolerance in society with regard to violence against women.

35. The Committee expresses concern that several provisions of the Penal Code discriminate against women. In particular, in case of murder following the crime of adultery, men and women are not treated equally. In addition, prostitutes are penalized, while their clients are not.

36. The Committee urges the Government to eliminate any discriminatory penal provisions, in accordance with the Constitution and the Convention.

37. While welcoming the Minister of Health's Decree on 1996 on female genital mutilation, the Committee is concerned at the lack of information on the implementation of this Decree.

38. The Committee requests the Government to provide full details on the implementation of this Decree in its next report, including on public awareness-raising campaigns run by all actors (ministries, the National Council for Women and non-governmental organizations) and on measures which have been taken to educate those whose livelihood depended on performing such procedures.

39. The Committee expresses concern at the lack of information on rural women, especially in the informal sector.

40. The Committee calls on the Government to provide a comprehensive picture of the situation of rural women, in particular with regard to education, health and employment in its next periodic report. The Committee recommends that the Government monitor existing programmes and develop additional policies and programmes aimed at the economic empowerment of rural women, ensuring their access to productive resources and capital as well as to health care services and to social and cultural opportunities.

41. The Committee is concerned about the high number of early marriages of girls, especially in rural areas.

42. The Committee recommends that the Government amends the law on the age of marriage to prevent early marriage, in line with the State party's obligation under the Convention.

43. The Committee is concerned regarding the continued legal authorization of polygamy.

44. The Committee urges the Government to take measures to prevent the practice of polygamy in accordance with the provisions of the Convention and the Committee's General Recommendation 21.

45. The Committee urges the Government to sign and ratify the Optional Protocol to the Convention and to deposit, as soon as possible, its instrument of acceptance of the amendment to article 20, paragraph 1 of the Convention on the Committee's meeting time.

46. The Committee requests the Government to respond to the concerns expressed in these concluding comments in its next periodic report under article 18 of the Convention.

47. The Committee requests the wide dissemination in Egypt of the present concluding comments in order to make the people of Egypt, and particularly Government administrators and politicians, aware of the steps that have been taken to ensure de jure and de facto equality for women and the future steps required in that regard. It also requests the Government to continue to disseminate widely, in particular to women's and human rights organizations, the Convention and its Optional Protocol, the Committee's general recommendations, the Beijing Declaration and Platform for Action, and the results of the twenty-third special session of the General Assembly entitled "Women 2000: gender equality, development and peace in the twenty-first century".

Notes

1. Official Records of the General Assembly, Fifty-third Session, Supplement No.
38 (A/53/38/Rev.1), part two, chap. I.