1. The Committee
considered the fifth periodic report of the Russian Federation
(CEDAW/USR/5) at its 543rd and 544th meetings, on 25 January 2002.
I. Introduction
by the State party
2. Introducing
the report of her country, the representative of the Russian Federation
analysed the implementation of the Convention on the Elimination
of All Forms of Discrimination against Women for the period 1994-1998
and the situation of women within the framework of the current
socio -economic climate and political situation in the Russian
Federation. The country had experienced an unprecedented transition
from a planned economy, a totalitarian regime and a one-party
political system to a market economy, a democracy and a multi-party
system. Such changes had had a profound impact on all aspects
of life of the Russian population in general, and on women in
particular, with the despair and fear of the early 1990s being
replaced by a sense of optimism and hope.
3. The representative
noted that the standard of living and personal incomes of the
Russian population had started to rise, emphasizing that those
positive developments in the economic sphere had allowed the Russian
Government to begin to focus on social policy and programmes.
For example, in the 2002 federal budget, more resources were reallocated
to all social spheres. The priority was to increase investment
in human capital, especially in terms of improving education and
health care.
4. During
the period covered by the report, the Government had introduced
various legislative and administrative measures to improve the
status of women, protect their rights and cushion the impact of
the transitional period. Women had taken an active part in the
reform process, resulting in the expansion of the women's movement,
especially over the past three years. Women's non -governmental
organizations had participated in all major national events and
discussions on socio -economic and political issues. The national
discussion on the theme "Initiatives of women citizens as
a factor of sustainable development" had been organized within
the Civil Forum which was held in November 2001.The representative
noted that, with the increased dialogue between women's NGOs and
the Government, there was now a real chance of improving the status
of women in the country.
5. Pursuant
to 1995 Beijing Platform for Action, the Government had identified
five main priorities for the advancement of women in the Russian
Federation. These included women's participation in decision -
making, women and the economy, human rights of women, women and
health, and the elimination of violence against women. The second
National Plan of Action for the advancement of women had been
adopted for 2001-2005.
6. The representative
indicated that, as a result of the efforts of the Government,
women's participation in political life, especially at the regional
and muncipal levels, had increased. She emphasized the importance
of the adoption, in 2000, of a Law on Political Parties, which
in its article 8 ensured equal rights for women and men to be
elected to all political positions. Despite new measures and initiatives,
the level of women's participation in the legislative branch of
power remained low, and out of 442 members of the State Duma (the
Lower Chamber of Parliament) there were 35 women, whilst out of
175 members of the Federation Council (the Upper Chamber of the
Parliamnt) there were only four women. The level of women's participation
in the executive branch of power was also low. To address this,
the "Concept of the State Civil Service", currently
under development, envisaged the introduction of gender-sensitive
training to improve the participation of women at all levels of
decision -making.
7. She informed
the Committee of the adoption of the new Labour Code, which reflected
the request of women's NGOs to limit the number of occupations
barred to women. In addition, the Government had developed federal
employment programmes for the population that envisaged quotas
for women and included social security provisions for the most
vulnerable groups of women. She also described plans to conduct
a gender analysis of labour legislation and to develop monitoring
procedures on women's participation in the labour market. She
shared the Government's concern regarding existing discriminatory
practices in the recruitment and dismissal of women, especially
pregnant women, and the persistence of occupational segregation.
Another source of concern was the substantial deterioration in
the situation of rural women.
8. In order
to reduce poverty, the Government was planning to increase the
minimum wage by a factor of 2.5, expand the system of compensation
for housing, review tax legislation, increase subsidies and allowances
for mothers and children, and proceed with pension reform. Beginning
in 20 02, maternity allowances would be increased threefold. The
representative described efforts to bring the country out of its
demographic crisis by implementing measures to stimulate the birth
rate, provide assistance to families, improve the health of the
population and reduce maternal and infant mortality.
9. The representative
described the health situation in the country. In the period of
transition, the quality of health of the population had generally
deteriorated, but there had been improvement in the reproductive
health of women. The efforts of the Government had resulted in
a decrease in the number of abortions, with the absolute number
of abortions being reduced by a factor of 1.3, with 1,961 abortions
in 2000 as compared, for example, with 2,498 in 1997. However,
only 23.6 per cent of women used effective methods of contraception.
Among other achievements were the reduction of birth pathology,
as well as maternal and infant mortality. Efforts were under way
to improve access to health services for rural women. Concern
existed with respect to the spread of HIV/AIDS and drug addiction
among women, and measures aimed at combating these problems had
been introduced.
10. The representative
indicated that the issue of violence against women, including
domes tic violence, continued to be a serious problem for society.
Surveys suggested that about 70 per cent of women experienced
violence at some time in their lives, and women constituted 40
per cent of the victims of premeditated murders. The Government,
to get her with nongovernmental organizations, was designing and
implementing a wide range of measures and initiatives aimed at
eliminating violence against women. These included the establishment
of crisis centres, the introduction of new legislation together
with the revision of existing legislation, awareness -raising
campaigns, the collection of information and statistical data,
gender-sensitive training of law officials as well as other programmes.
The Government had also started to pay very serious attention
to the growing problem of sex-exploitation and of trafficking
in women and girls.
11. She reported
on further steps undertaken by the Government to strengthen the
national machinery for the advancement of women and mainstream
a gender perspective into policy decision -making at the national
and regional levels. The role and functions of the Women's Commission,
which was responsible for mainstreaming a gender perspective into
state policies and programmes in all areas, within the Government
had been strength ened and expanded.
12. The representative
indicated that the Commission on the Status of Women had been
established in the upper chamber of Parliament, and the Department
on Women's and Children's Affairs had been established in the
Office of Ombudsmen on Human Rights. Many regional governing structures
had also created women's commissions, departments or councils.
The newly created inter-ministerial commission was responsible
for the implementation of regional plans for the advancement of
women, while the newly established "Round Table" within
the Labour Ministry included representatives of non -governmental
and non - commercial organizations and contributed to the mainstreaming
of a gender perspective in governmental decisions. It also operated
an ongoing negotiating forum between the authorities and women's
organizations.
13. In concluding
her presentation, the representative noted that, despite some
definite progress in the implementation of the Convention, the
Government was aware that much more needed to be done to ensure
the advancement of women and the achievement of gender equality.
She articulated her Government's commitment to further efforts
in this regard.
II. Concluding
comments of the Committee
Introduction
14. The Committee
expresses its appreciation to State party for the presentation
of its fifth periodic report, which followed the Committee's guidelines.
It commends the State party on its informative responses to the
list of issues and questions and the frank and comprehensive oral
presentation, which updated the Committee on developments in the
country since the submission of the report in 1999.
15. The Committee
also commends the State party for sending a delegation headed
by the First Deputy Minister of Labour and Social Development.
Positive
aspects
16. The Committee
welcomes the fact that international treaties, and including the
Convention, are considered to be a component part of the State's
legal system and can be directly invoked in domestic courts.
17. The Committee
welcomes the enactment of the 1995 Family Code and the 2001 Federal
Act on Political Parties. It welcomes the Government's adoption
of the 1996 Outline on the advancement of women's socio -economic
status and the National Action Plan to increase women's representation
in decision -making positions.
18. The Committee
also welcomes the publicity given to the Convention in the Russian
Federation and the steps taken to distribute the State party's
reports and the concluding comments of the Committee.
Factors
impeding the implementation of the Convention
19. The Committee
considers that the State party's ongoing transformation has had
a negative effect on women and posed an impediment to the full
implementation of the Convention.
Principal
areas of concern and recommendations
20. The Committee
is concerned that the Constitution of 1993, which recognizes women's
right to equality before the law does not contain a definition
of discrimination or expressly prohibit discrimination in the
ground of sex. The Committee notes that the Constitution has not
become an effective instrument to prevent discrimination.
21. The Committee
urges the State party to incorporate in the Constitution a specific
right of nondiscrimination on the ground of sex, and a definition
of discrimination in conformity with article 1 of the Convention.
It calls on the State party to introduce effective enforcement
procedures and take necessary measures, including public -awareness
raising cmapaigns to ensure effective implementation of women's
right to equality.
22.The Committee
notes that there is a lack of legislation in critical areas where
there is discrimination against women. It is concerned that women
are not invoking court procedures to combat sex discrimination
because of gaps in the law, evidentiary barriers, a general lack
of legal awareness and distrust of the legal system.
23. The Committee
recommends that specific legislation and effective enforcement
procedures are adopted to combat and eliminate discrimination
and respond to violence against women. All such legislative and
enforcement procedures should be accompanied by access to legal
aid and a vigorous awareness-raising campaign to inform women
of their rights.
24. The Committee
is concerned that the national machinery for the advancement of
women, including the Commission on Enhancement of the Status of
Women, may be weakened through its lack of clear legal status
and mandate, and insufficient financial and human resources.
25. The Committee
urges the State party to confer a clear mandate on, and allocate
sufficient financial and human resources to, the national machinery
for the advancement of women to enable it to ensure the practical
realization of equality for women.
26. The Committee
notes with concern the persistence of stereotypes and discriminatory
attitudes with respect to the role of women and men in the family
and society.
27. While
commending the introduction of human rights education in school
curricula, the Committee urges the State party to emphasize women's
rights as human rights, to increase awareness -raising programmes,
including those directed towards men, and to take measures to
change stereotypical attitudes and perceptions about the roles
and responsibilities of women and men in the family and in society.
28.The Committee
is concerned that the representation of women in the political
arena at all levels has been deceasing steadily.
29. While
acknowledging the Federal Act on Political Parties of July 2001,
the Committee recommends that the State party take further measures
to give practical and concrete effect to the Act. It requests
the State party to adopt additional temporary special measures
in accordance with article 4, paragraph 1 of the Convention In
order to increase the number of women at all levels of political
decision -making
30. The Committee
is deeply concerned at the deteriorating situation of women in
employment, and that women are the overwhelming majority of workers
in lower level and low-paying jobs in various parts of the public
sector. It is concerned that women experience significant discrimination
in the private sector, and have a low share of the high -paying
jobs in the that sector. It is also concerned that women constitute
the majority of the long -term unemployed..
31. The Committee
urges the enactment of an equal employment opportunity law, prohibiting
discrimination in hiring, promotion, employment conditions or
dismissal, as well as requiring equal pay for work of equal value
and providing for effective enforcement procedures and remedies.
It recommends that such legislation should include temporary special
measures, with time -bound targets, in accordance with article
4, paragraph 1, of the Convention, to increase the number of women
in higher level jobs in the public and private sectors.
32. While
noting the State party's policy of protecting women against unsafe
working conditions, the Committee is concerned that 12 per cent
of women work in conditions which do not meet health and safety
standards. It is also concerned about the exclusion of women of
childbearing age from a list of 456 jobs, which may result in
the effective exclusion of women from certain employment sectors.
The Committee notes that the list is under reconsideration and
also notes that employers may employ women in the prohibited jobs
if the necessary standards are in place.
33. The Committee
recommends that the State party require all employers to conform
to the mandated standards, which would allow both women and men
to work in proper conditions of health and safety. Bearing in
mind article 11.3 of the Convention, it recommends continued review
of the list of prohibited jobs, in consultation with women's non
-governmental organizations, with a view to reducing their number.
34. The Committee is concerned at the feminization of poverty
and, in particular, that women constitute a large proportion of
single -parent families and of the working poor, and at the disproportionate
impact of the remaining debt in unpaid back-wages on women in
public employment and the poverty o f older women.
35. The Committee
recommends that, in addition to the measures to reduce poverty
in the Programme for Socio-Economic Development of July 2001,
the State party collate accurate data on the extent of women's
poverty and its causes and, urgently, take special positive measures
to alleviate women's poverty as a distinct structural problem.
36.The Committee
is deeply disturbed at the high level of domestic violence and
of murder of women. It is very concerned that law enforcement
officials, in particular, tend to view such violence as a private
matter between spouses and family members and not as grave crimes.
The Committee also regrets that the State party has not taken
urgent necessary effective measures to combat domestic violence
and that none of the numerous draft bills on domestic violence
has been adopted.
37. The Committee
urges the State party to place a high priority on measures to
address violence against women in the family and society, and
adopt laws, policies and programmes in accordance with its General
Recommendation 19 and the United Nations Declaration on Violence
against Women. The Committee recommends that the State party increase
its programmes on violence against women, in particular awareness-raising
campaigns. It also urges the State party to provide training to
law enforcement personnel at all levels, lawyers and judges, health
-care professionals and social workers with respect to violence
against women in the household and society.
38. The Committee
is concerned about reports of ill treatment of women in pre -detention
centres and in prisons. The Committee is deeply concerned by the
fact that, despite credible evidence that police officials have
used violence against women in custody, the State party has not,
as a rule, investigated, disciplined or prosecuted offenders.
The Committee is also disturbed by the fact that, despite strong
evidence that members of the Russian forces have committed acts
of rape or other sexual violence against women in the context
of the armed conflict in Chechnya, the State party has failed
to conduct the necessary investigations or hold anyone accountable,
in the vast majority of cases.
39. The Committee
urges the State party to take necessary measures to ensure that
custodial violence by officials , including acts of sexual violence
against women and girls in detention or under investigation are
prosecuted and punished as grave crimes. It also urges the State
body to adopt preventive measures, including swift disciplinary
inquiries and human rights education programmes for the armed
forced and law enforcement personnel.
40. The Committee
is concerned about reports regarding the great increase in prostitution
and, in particular, at the number of girl street children who
are exploited as prostitutes. It is concerned that the poverty
of women and girls may be the major causal factor.
41. Noting
the State party's programmes of action to provide street children
with shelter, subsistence and education, the Committee urges the
State party to continue and extend such programmes and to apply
them, appropriately modified and strengthened, to women forced
into prostitution by poverty. It also urges giving priority to
the prosecution of those who exploit prostitutes and of adults
involved in the exploitation of child prostitutes, with the introduction
of special legislative provisions if necessary.
42. The Committee
is concerned at the extent of trafficking of Russian women to
foreign countries for sexual exploitation. It notes that in the
period from 1994 to 1997 only four court cases were brought and
seven persons were convicted for such offences. In addition, the
Committee is concerned that the Russian Federation itself has
become a country of destination for trafficked women.
43. The Committee
recommends the formulation of a comprehensive strategy to combat
the trafficking of women, which should include the prosecution
and punishment of offenders, increased international, regional
and bilateral cooperation, in particular with countries of destination
and transit, witness protection and the rehabilitation of women
and girls who have been victims of trafficking. The Committee
requests the Government to provide, in its next report, comprehensive
information on the trafficking of women and girls.
44. Noting
the meas ures taken by the Russian Federation to combat the effect
of HIV/AIDS on pregnant women, the Committee is concerned that
the Government regards HIV/AIDS as primarily resulting from the
conduct of individuals in the context of drug abuse and alcoholism.
45. The Committee
urges the State party to address the gender aspects of HIV/AIDS,
including the power differential between women and men, which
often prevents women from insisting on safe and responsible sex
practices. It encourages the State party to strengthen its efforts
to raise awareness and educate women and girls on ways to protect
themselves from HIV/AIDS. The Committee urges the State party
to ensure the equal rights and the access of women and girls to
detection, health care and social services.
46. The Committee
is concerned at the deterioration of the health care system which
severely limits women's access to health care. It is also concerned
at state of women's health, in particular the increase in gynaecological
problems and pregnancies among teenage girls. The Committee also
notes with concern that, although there has been a decrease in
the rate of abortions, abortion continues to be used as a method
of birth control and the number of women using effective contraceptive
measures is low.
47. The Committee
recommends in accordance with its General Recommendation 24 on
article 12 - women and health, that the State party fully implement
a life - cycle approach to women's health and urges the State
party to strengthen family planning programmes and provide affordable
access to contraceptive measures for all women in all regions.
It also urges the State party to include sex education in the
school curriculum.
48. The Committee
expresses its concern with regard to the situation of rural women
and, in particular, their degree of access to income -generating
activities.
49. The Committee
requests the State party to provide more information and data
on the situation of rural women in its next periodic report. It
recommends that the State party pay greater attent ion to the
situation of rural women and develop special policies and programmes
aimed at their economic empowerment, ensuring their access to
capital and productive resources.
50. The Committee
welcomes the State party's commitment to ratify the Optional Protocol
to the Convention in 2003, and to deposit as soon as possible
its instrument of acceptance to the amendment to article 20, paragraph
1, of the Convention.
51. The Committee
urges the State party to respond in its next periodic report to
the specific issues raised in the present concluding comments
and to provide updated data and statistics disaggregated by sex
and age.
52. The Committee
requests the wide dissemination in the Russian Federation of the
current concluding comments in order to inform the public in general,
and government administrators and politicians in particular, of
the steps that have been taken to ensure the de jure and de facto
equality of women as well as of further steps that are required
in this regard. It also requests the Stat e party to continue
to disseminate widely, in particular to women's and human rights
organizations, the Convention, 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 for the twenty -first century".
