Convention On The Elimination of All Forms of Discrimination Against Women - Committee On The Elimination of Discrimination Against Women

Committee On The Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination Against Women is the United Nations treaty body that oversees the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The formation of this committee was outlined in Article 17 of the CEDAW, which also established the rules, purpose, and operating procedures of the committee. Throughout its years of operation the committee has held multiple sessions to ensure the rules outlined in the CEDAW are being followed. Over time the practices of the committee have evolved due to an increased focus on women’s rights issues.

History of the committee

The Committee on the Elimination of Discrimination Against Women was formed on September 3, 1981 after the CEDAW received the 20 ratifications required for it to enter into force. Article 17 of the CEDAW established the committee in order to ensure that the provisions of the CEDAW were followed by the countries that had signed and agreed to be bound by it. The first regular session of the committee was held from October 18-22, 1982. In this session the first officers of the committee were elected by simple majority, with Ms. L. Ider of Mongolia becoming chairperson. (United Nations Committee on the Elimination of Discrimination Against Women The work of CEDAW 5) Other officers elected were three vice chairpersons: Ms. M. Caron of Canada, Ms. Z. Ilic of Yugoslavia and Ms. L. Mukayiranga of Rwanda. The final officer elected was Ms. D. P. Bernard of Guyana as rapporteur of the committee. During this session the committee also unanimously approved to adopt its rules of procedure (United Nations Committee on the Elimination of Discrimination against Women The Work of CEDAW 7).

Sessions

The rules regarding where and when the committee can hold sessions are laid out in their rules of procedure (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 6). The committee is allowed to hold as many meetings as are required to perform their duties effectively, with the states party to the CEDAW and the Secretary General of the United Nations (U.N.) authorizing the number of regular sessions held (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 6). In addition, special sessions can be held at the request of either a state party to the convention or the majority of the members serving on the committee. (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 6). Fifty-three sessions have been held to date, with the most recent taking place from October 1, 2012 to October 19, 2012 (U.N. Office of the High Commissioner for Human Rights “Sessions”). The first thirty-nine sessions were held at the U.N. headquarters building in New York City, with the fortieth session and alternating sessions following it held in the Palais des Nations in Geneva (U.N. Office of the High Commissioner for Human Rights “Sessions”). During each of its regular sessions the committee hears reports from states party to the CEDAW on their progress in adhering to CEDAW and implementing its ideas in their countries (United Nations Committee on the Elimination of Discrimination Against Women “Report of the committee” 8). The committee also holds pre-sessional work groups to discuss the issues and questions that the committee should deal with during the following session.

Members and Officers of the Committee

Twenty-three members serve on the committee, described as experts for their experience and expertise in women’s issues (Merry 82). The members are nominated by their national governments and elected through a secret ballot by states party to the convention (Merry 82). Upon winning the election and taking up their responsibilities the members of the committee recite the following statement, known as the solemn declaration, “I solemnly declare that I shall perform my duties and exercise powers as a member of the Committee on the Elimination of Discrimination against Women honourably, faithfully, impartially and conscientiously”(U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 9). The members come from a wide range of occupations including doctors, lawyers, diplomats and educators, providing various viewpoints to the committee due to their diversity (Merry 82). Many members continue to hold full-time jobs outside of the committee and receive little monetary payment for their work on the committee (Merry 82). To insure that the nationality of members encompasses all the diverse states who have signed the CEDAW, members are elected according to regions divided into Latin America and the Caribbean, Africa, Asia, Western Europe, and Eastern Europe (Merry 82). The members of the committee differ from those of other treaty bodies of the United Nations in that they have all been women with only one exception (U.N. Office of the High Commissioner for Human Rights “Fact Sheet 22” 17). In the event a member of the committee is unable to continue serving on the committee before her term is up the state that had nominated the resigning member shall nominate another expert from their country to fill in her seat (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 9).

Officers of the Committee

The officers of the committee are composed of a chairperson, three vice-chairpersons and a rapporteur (U.N. Office of the High Commissioner for Human Rights “Membership of the Committee”). Officers of the committee are nominated by another member of the committee, as opposed to a government which nominates members for the committee (United Nations Committee on the Elimination of Discrimination Against Women The work of CEDAW 5). All officers are elected by majority vote to a two-year term of office, and remain eligible for re-election after their term expires (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 10). The chairperson’s duties include declaring a meeting to be open or closed, directing the discussion in a session, announcing decisions made by the committee, preparing agendas in consultation with the secretary-general, designating the members of pre-sessional working groups and representing the committee at United Nations meetings which the committee is invited to participate in (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 8). In the case the chairperson is unable to perform any her duties she designates one of the three vice-chairpersons to take over her role. If the chairperson fails to designate a vice-chairperson prior to her absence then the vice-chairperson with the first name in English alphabetical order takes over (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 10). In the event an officer is unable to continue serving on the committee before her term expires a new officer from the same region as the original officer shall be nominated, elected and will take over the vacated office (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 10).

Reports

Under article 18 of the CEDAW states must report to the committee on the progress they have made in implementing the CEDAW within their state (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 18). As most of the information the committee works with comes from these reports, guidelines have been developed to help states prepare accurate and useful reports (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 2). Initial reports discussing the current picture of discrimination against women in the reporting states are required to specifically deal with each article of the CEDAW, and consist of no more than one-hundred pages (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 2). States are required to prepare and present these initial reports within one year of ratifying the CEDAW (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 18). Periodic reports detailing the state’s progress in adhering to the articles of the CEDAW should be no more than seventy-five pages in length and should focus on the specific period of time since the state’s last report (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 2). States party to the CEDAW are typically required to provide periodic reports every four years, but if the committee is concerned about the situation in that state they can request a report at any time (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 18). The committee chooses which reports to address by considering factors such as the amount of time the report has been pending, whether the report is initial or periodic (with more priority given to initial reports), and from which region the report originates (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 2). Eight states are invited to give their reports during each session and it is required a representative from the state is in attendance when the report is presented (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 2). The committee focuses on constructive dialogue when a report is presented, and appreciates careful time management on the part of the state presenting its report (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 4). Due to the high backlog of overdue reports the committee has encouraged states to combine all of their outstanding reports into one document, and sends reminders to states who have reports five years overdue (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 6). The CEDAW also requires that the committee provide an annual report that includes its activities, comments relating to the reports provided by states, information relating to the Optional Protocol of the CEDAW, and any other general suggestions or recommendations the committee has made (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 16). This report is given to the General Assembly of the U.N. through the Economic and Social Council (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 16). All reports, agendas and other official documents pertaining to the committee, including the reports provided by the states, are provided to the public unless otherwise decided by the committee (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 16).

General Recommendations

Along with issuing its annual report and offering advice to reporting states, the committee has the ability to issue general recommendations that elaborate on its views of the obligations imposed by CEDAW (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7). To date, the committee has issued twenty-five general recommendations, the latest dealing with the committee’s interpretation of the CEDAW’s obligations relating to women’s role in public life, and women’s access to healthcare (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7). The comparisons issued by the committee in its first decade were short and dealt mainly with the content of states’ reports and reservations to the convention (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7). Since 1991, however, recommendations have been focused on guiding states’ application of the CEDAW in specific situations (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7). The formulation of a general recommendation begins with dialogue between the committee on the topic in the recommendation with various non-governmental organizations and other U.N. bodies (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7). The recommendation is then drafted by a member of the committee and discussed and revised in the next session, and finally adopted in the following session (United Nations Committee on the Elimination of Discrimination Against Women “Working Methods” 7).

Changes in the committee

For the first ten years it operated the committee operated significantly differently than it does now. The only form of censure given to the committee by the CEDAW was their general recommendations and concluding comments following a report (Reilly 62). Due to the emergence of the Global Campaign for Women’s Human Rights in 1991 more attention was given to the CEDAW, reviving the committee (Reilly 63). The committee made changes to the CEDAW that allowed it to meet more than once a year, and have taken advantage of this by meeting at least twice a year since 1997 (Reilly 63). The committee originally only met for two weeks in its annual sessions, but that has now been changed to meeting multiple times a year in eighteen day sessions (United Nations Committee on the Elimination of Discrimination Against Women “Report of the committee” 1) ( CEDAW also gained new complaint and inquiry proceedings allowing the committee to initiate inquiry proceedings if it believes a state is in severe violation of the articles of the CEDAW (Reilly 64).

Recommendations for improvement

Despite evolving since the committee was first formed, members believe there are ways in which the committee can better meet the goals outlined in the CEDAW (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 21). One of the committee’s main goals moving forward is expanding its information base, allowing it to more effectively deal with issues that arise concerning the CEDAW (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No 22” 21). The committee is authorized in Article 22 of the CEDAW to invite specialized U.N. agencies such as the United Nations Development Programme to deliver reports discussing women’s rights issues in the state under discussion (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 21). Another method for gathering information is requesting reports from non-governmental organizations dealing with discrimination against women that are operating in the country under discussion (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 22). This is recommended to insure that the committee is receiving the full, unbiased picture of affairs within the reporting state (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 22). Another recommendation for improvement involves interpreting and clarifying the language used in the CEDAW in order to make the document as useful as it can be (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 22). A third improvement that has been suggested is improving the efficiency of the committee (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 22). Due to the backlog in reports faced by the committee it has been suggested that the government officials who prepare reports presented to the committee should be trained, in order to make all reports uniform and more easily processed (U.N. Office of the High Commissioner for Human Rights “Fact Sheet No. 22” 23). A final suggestion for improvement is the implementation of a right of petition in the CEDAW, allowing the committee to hear complaints from citizens of a state against the state, increasing the committee’s strength and direct impact on the problem of discrimination against women (U.N. Office of the High Commissioner for Human Rights “Fact Sheet 22” 23).

Languages

The official languages of the committee are English, Arabic, French, Russian, and Spanish, with any statement made in one of the official languages translated into the other four (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 11). A speaker who does not speak one of the official languages provides a translator (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 12). All formal decisions and documents issued by the committee are provided in each of the official languages (U.N. Office of the High Commissioner for Human Rights “Rules of Procedure” 12). The original rules of procedure adopted by the committee did not include Arabic as an official language, but the rule was amended in the committees second session to include Arabic (United Nations Committee on the Elimination of Discrimination against Women The Work of CEDAW 22).

Convention oversight is the task of the Committee on the Elimination of Discrimination against Women, which is made up of 23 experts on women's issues from different UN member states. The Committee meets twice a year to review reports on compliance with the Convention's provisions that the signatory nations are required to submit every four years.

The Committee is one of the eight UN-related human rights treaty bodies.

The Committee's members, described as "experts of high moral standing and competence in the field covered by the Convention", are elected to serve four-year terms in staggered elections held every two years. Its officers are a chairperson, three vice-chairpersons, and a rapporteur. Efforts are made to ensure balanced geographical representation and the inclusion of the world's different forms of civilization and legal systems.

Committee members and experts also attend an annual luncheon, hosted by the NGO Committee on the Status of Women, NY (NGO CSW/NY), where key issues are discusses and the efforts of the committee are honored.

As of January 2011, the members are: