EFFORTS TO ELEVATE STATUS OF WOMEN IN AZERBAIJAN NOT SATISFACTORY BECAUSE OF POST-WAR PROBLEMS, ANTI-DISCRIMINATION COMMITTEE TOLD

WOM/1011
23 January 1998

Committee Concludes Considering Country's Initial Report

Efforts by the Government of Azerbaijan to elevate the status of women had not been satisfactory
in view of the acute post-war problems facing the country, the representative of that country told
the Committee on the Elimination of Discrimination against Women this morning. A peace
agreement and withdrawal from the occupied areas of the country were a prerequisite to solving the
problems faced by the women of Azerbaijan, the Chief of the Division of Humanitarian Policy of
the Office of the President of Azerbaijan, Fatma Abdullazadeh, said in response to questions posed
by the 23-member Committee monitoring compliance with the Convention on the Elimination of All
Forms of Discrimination against Women,

Elaborating on the problems faced by her Government in providing adequate reproductive health
care for women, she said that although some progress had been made in the setting up of family
planning clinics throughout the country, the problems of the widespread use of abortion and other
issues related to women's fertility still needed to be addressed.

As the Committee concluded its consideration of Azerbaijan's initial report on the implementation of
the Convention, its Chairperson, Salma Khan, expert from Bangladesh, said that despite a ravaged
economy, the Government of Azerbaijan had shown a great sense of commitment towards
implementing the Convention, and in initiating a national plan of action. She was particularly
disturbed by the level of poverty and the exceptionally high rate of infant and maternal mortality. A
sound health- care policy was lacking and should be addressed in an effective manner.

While she fully understood the difficulties faced by a post-war government, women became even
more vulnerable in those times, requiring greater protection from exploitation and discrimination.
Despite the wide range of laws intended to protect them, the actual status of women in Azerbaijan
was "far from satisfactory". Although the secular nature of the country would help to strengthen the
Government's anti-discrimination policies, she expressed concern that the overriding influence of
religious practice and of religious leaders might further subject women to discrimination.

The Committee will meet again at 3 p.m today to hear the responses to their earlier comments on
Croatia's initial report.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to continue its
consideration of the initial report of Azerbaijan under Article 18 of the Convention on the
Elimination of All Forms of Discrimination against Women Convention. The delegation of
Azerbaijan will respond to questions posed by the Committee following the presentation of that
country's report on 20 January. (For details, see press releases WOM/1005 and WOM/1006 of
20 January.)

Response of Azerbaijan FATMA ABDULLAZADEH, Chief of the Division of Humanitarian
Policy, Office of the President of Azerbaijan, began her response by providing additional
information on the "foundation of the State". Azerbaijan was a secular State. No shariah law
existed; the courts were secular and there were no religious courts. The Constitution guaranteed
freedom of belief; people practised a number of religions in the country. The Constitution provided
for noninterference in the private lives of citizens.

The division of power in the State was enshrined in the Constitution, she said. Describing the
structure of the court system, she said it was hierarchical and all courts were subject to the
country's Supreme Court. The country was in the process of setting up a constitutional court in the
near future. Women were not prohibited form taking cases to court. Statistics showed that women
made use of the court as often as men. The Deputy President of the Supreme Court was a woman
and eight other members of the Court were women.

She went on to say that the Convention had been translated into local languages of the country and
had even been published in newspapers along with the Convention on the Rights of the Child.

Responding to questions on the setting up of a Committee on Women's Affairs, she said that it had
been set up to coordinate activities of government bodies and of non-governmental organizations
that were implementing the Convention and the Beijing Platform for Action, adopted by the Fourth
World Conference on Women (1995). Issues related to the rights of women were disseminated in
special women's publication. They focused on enhancing women's legal literacy and on preparing
guidelines for a national policy for women.

The education of women was constantly monitored and evaluated by the State, she said. Private
education still existed and enabled those who had not attained a certain level to have private
education. Private universities also existed. The educational sector was still being developed.
Private institutions were funded by charitable organizations and by the students. New technology in
the educational sphere was needed.

She next took up questions related to article 1 of the Convention, specifically concerning guidelines
that were in place for avoiding discrimination, and on the fundamental concept of discrimination. In
all legislative acts and laws adopted by the National Assembly, discrimination against women was
understood precisely in the context of the first article of the Convention. However, it must be
recognized that Azerbaijan was a very unusual country, in which every seventh inhabitant was a
refugee.

It was a country where a mass of people were living in camps or tents with insufficient food and
medical care, she continued. They had only one desire, and that was to return to their homeland. In
the course of analysing the aspects of gender discrimination, such circumstances should be taken
into account. Such a serious and persistent problem clearly affected all aspects of life in the State.
The solution to the problem was first and foremost the withdrawal of Armenian troops from the
territory of Nagorny Karabakh. That was a prerequisite to solving the problems of discrimination in
order to fully comply with article 1 of the Convention.

Turning to questions related to article 5, on social and cultural patterns that lead to discrimination,
she said the problem of stereotypes was deeply rooted. Such stereotypes in the past particularly
concerned the family. However, women today participated at a fairly high level in the social and
cultural life of the country. They were well represented in the areas of education, culture, and health
-- indicators that their overall status was fairly high. For example, women comprised some 50 per
cent of all doctors in the country and 34.5 per cent of educators at the university level. That
percentage was even greater for the middle and lower schools. In the cultural sphere, a large
percentage of women worked in libraries and various cultural educational institutes, and theatres.

Taking up questions pertaining to article 2, on legal and administrative measures undertaken to
eliminate discrimination, she said that none of the legislation of Azerbaijan contained provisions
infringing on the rights of women. Although the sentencing of women to death was a fairly rare
occurrence, the death penalty for women had been repealed. On 22 January, the President of
Azerbaijan initiated new legislation repealing the death sentence altogether. Furthermore, it had not
been applied since July 1993 for either men or women, despite the fact that the country had been
subjected to very complex and conflicting situations that in 1993 nearly brought it to the brink of
war.

The efforts aimed at combating drug and alcohol abuse did not distinguish between men and
women, she said. Criminal prosecution or fines could be imposed on such activities as the illegal
production, acquisition, storage and sale of narcotics, as well as the growth of narcotic-containing
substances. In the case of incarceration, women were segregated from men. Alcoholism was not a
very extensive phenomenon in Azerbaijan, and did not exist as a significant problem among women.
It, therefore, did not require a corresponding programme or government measure to regulate it.

Responding to a series of questions concerning prostitution, she said that it was not covered in the
criminal code. Rather, it was regulated by the administrative code, and drew such penalties as fines.
By the terms of a government legislation, prostitutes were sent to "closed hospitals" where any
disease could be diagnosed and treated.

She said that women played a fairly large role in the cultural life of the country. Taking up article 3
concerning the advancement of women, she cited a number of statistics as evidence of women's
involvement. Each year, the State held festivals and other events in collaboration with artistic
organizations, aimed solely at encouraging women's creative potential. Special festivals and
competitions were organized for female musicians and composers, and special auctions were held
to sell women's art work and promote such creative expression. Special programmes were also
aimed at publishing women's written works, including scientific research relating to women's
problems.

Promoting economic welfare was a complex undertaking, she said. However, consideration was
being given to the Committee's suggestion of creating a special women's bank or a special system
of micro-credit to encourage small businesses headed by women and to promote their training in
that regard. Also being considered was a system to promote the establishment of companies staffed
mostly by women.

To further concerns related to stereotypes, she said that the Government's legislation did not
distinguish between men and women, and, therefore, did not require bringing it further in line with
the Convention. Furthermore, there was a mechanism in the Government for analysing bills that
concerned compliance with the Convention or which might affect women's rights or be interpreted
to be discriminatory.

Several questions had been raised concerning the Government's protection of motherhood,
specifically whether that protection was discriminatory, she recalled. One question concerned the
State's orientation towards motherhood - did it perceive women as mothers, first and foremost, or
as individuals? The Soviet period strongly encouraged women as mothers, even calling mothers
with more than 10 children, "mother heroines". That policy was now being restructured. However,
it should not be restructured in a way that deprived women from having as many children as they
wished. Family planning programmes encouraged two or three children per family. The focus of
such programmes, however, was on the development of the woman's individuality. The higher the
status women attained in society, the less she would focus purely on motherhood. Since the current
legislation flowed from the long period before it which encouraged motherhood, the formation of
new machinery in that regard was a long-term process.

Although the legislation did not encourage stereotyping, programmes, although somewhat weak,
were being adopted in schools to encourage new thinking about the family, she said. In the Soviet
Union, women were urged to be fully represented in society and the economic sector, although no
attempts were made to reduce their tasks in raising the children and caring for the family. A
structure to ease their situation was not very well developed in Soviet times, nor was it very well
developed presently.

Developing that infrastructure today, given the complicated economic conditions, was proving to be
very difficult, she said. Although nurseries were being opened in refugee camps, and new structures
were being created to provide for the social protection of women, further initiatives were required.
Despite certain achievements, a lot of problems remained in the area of balancing women's various
roles while protecting their rights.

On the problems of exploitation of prostitution, she said there was no machinery to compensate
women who had suffered from such exploitation. That issue needed further study and should be
addressed.

Responding to questions on article 7, on discrimination against women in political and public life,
she said the number of women participating in politics had increased from the Soviet period. The
present 12 per cent representation of women in the country's Parliament was high compared to
other countries in that region. It was a significant achievement, considering the country's history and
the fact that the recent elections were the first since its independence. Women also headed complex
undertakings such as the Energy Commission and the Natural Resources Commission. They also
held high-level positions in the legal system such as in the Ministry of Justice.

Addressing discrimination in the field of education, she said she had provided statistics on female
choices of specific fields of study. The extent of girls and women's education in technical vocational
institutions did not comply with the requirements of the Convention. Such technical vocational areas
as construction, however, were not chosen by young girls. However, large numbers of girls and
women were studying computer science.

To improve the reproductive health care of young girls and women, the Government had initiated a
programme to set up family planning centres in the capital and in six other areas throughout the
country, she said. Doctors had been trained in reproductive health. Elaborating on contraception
programmes, she confirmed that the mortality rate of women in childbirth had grown over the last
few years. She identified problems that influenced the increase in the number of home births. Health
care was a priority for the Government. Attempts were being made to provide the poor with health
services.

One of the problems confronting the health sector was the widespread use of abortion and related
issues affecting women's fertility, she continued. Unfortunately, abortion was one of the basic means
of family planning in Azerbaijan. Although it was a negative factor, it was not being addressed for
the time being in the face of other pressing problems in the health sector. Other problems
concerned contagious diseases, including tuberculosis. In the last year, the health sector had begun
to deal with cases of HIV/AIDS. All the patients to date have been foreigners.

She went on to say that in order to address the problem of access to land for rural women, a
special law had been passed to facilitate increased distribution of land to people living in rural areas,
including women. Loans were also being made available to assist in improving the country's
agricultural sector. Control over land could give rural women higher status in the country's
economic sector. Rural women were also being assisted through cooperatives and improved
overall access to certain services. Despite those efforts, they remained disadvantaged, partly as a
consequence of the impact of the adverse effect of the demands of the International Monetary Fund
(IMF) and the World Bank on the agricultural sector, as well as on the economy as a whole.

In general, the efforts to assist women in the areas of agriculture, medical services and education
had not been satisfactory, she said. The problems were very acute and had been addressed
partially. There was only one solution to all the problems faced by the country -- a peace
agreement and the withdrawal of the occupied areas of the country. But, she stressed, even then,
not all the problems would be solved since large parts of those areas were "dead zones" -- no
longer suitable for habitation. The women from the occupied areas wanted to take matters into their
own hands, to return to their homes. They had informed the Government that they no longer
wanted humanitarian assistance; they could take control of their lives and return to their homes in
full view of the world, with media coverage.

Discussion of Response

An expert welcomed the responses to the questions the Committee had raised on Azerbaijan's
report, particularly the new information that the country was a secular State. She asked if the
Constitution was drafted along the lines of the Turkish Constitution that had set up that secular
State. The dialogue between the Committee and the delegation had produced some positive results,
particularly the proposal to consider setting up a special bank for women. It was encouraging to
see that the Committee would have a direct influence on the country's policy for the advancement
of women.

She agreed that the level of women's representation in the country's Parliament was a significant
achievement. More important to consider, however, was whether those representatives were
working for the benefit of women. More vigourous and more urgent efforts were needed to change
the situation of women refugees. It was also important to improve cooperation with
non-governmental organizations to support the Government's efforts. She was not convinced by the
responses on the issue of what was discriminatory and what was not as it related to policies and
approaches to women's rights in present and past period's of Azerbaijan history. It was possible,
for example, to eliminate any negative effects of Soviet policy in a short period of time.

The country's Commission for Equality should be supported by national policies and programmes
to promote equality, she continued. Furthermore, more vigorous measures were needed to bridge
the gap between highly educated women and the rest of the female population in the country. The
Committee looked forward to more progress when Azerbaijan's next report was presented.

Another expert said she was satisfied that there was a considerable basis on which to improve the
conditions of women and promote their status. That foundation existed in laws, in the secular nature
of the State, as well as in the field of education. Women had attained much in education, and
considerable institutional and legal structures were in place. However, sometimes that kind of
situation could actually slow the implementation of the Convention because there was a tendency of
the positive achievements to hide things that were not so readily visible, such as indirect
discrimination and the presence of de facto inequality.

Such problems had emanated from a number of factors, including the longtime presence of the
Soviet policy of "double-burdening" women with significant public and private responsibilities, she
said. It was also possible that the present policies could lead to a backlash because they had
actually "tired" women over the years. Sometimes that backlash might be joined by conservative
religious sectors seeking solace in post- revolutionary times. Such conservative influences and
backlashes had a way of creeping up in such societies if they were not stemmed before they had a
chance to set things back.

While she praised the Government for frankly reporting on women's issues, she also encouraged
the Government to take stock of the situation with a critical mind that entailed a gender-sensitive
analysis. Much work could be done in the area of cultural change, in increasing the political
representation of women and by incorporating gender-equality issues on the political agenda of
non-governmental organizations. In that regard, the Government's cooperation with a wide range of
such organizations in Azerbaijan was encouraged, given their potential for bringing about significant
change aimed at the elimination of discrimination.

Another expert reiterated the suggestion to strengthen cooperation between the Government and
non-governmental organizations. The country's call for assistance from the United Nations
Population Fund (UNFPA) was heeded and endorsed. Congratulating the delegation of Azerbaijan
on the abolition of the death penalty, she said that it was a major decision, which would contribute
towards respecting the right to life.

Another expert sought clarification to the reply relating to article 6, specifically on the illegality of
prostitution and the transfer of prostitutes to "closed hospitals".

Ms. ABDULLAZADEH (Azerbaijan) said that the legislation neither contained nor envisaged any
punishment for prostitution. However, if there was indication or proof that a woman had been
exploited or was involved in prostitution, she was sent to closed treatment centres exclusively for
the observance of the existence of infectious diseases. After a treatment period, she could leave the
treatment centre without facing any punitive measures. There were measures to punish those people
who used women as subject of exploitation and brought them into prostitution, "turning women into
sources of income", such as the organizers of brothels. Such people were held responsible and
were criminally prosecuted.

The expert said that while she appreciated the explanation, it was a very complex issue and was
very difficult to adopt legislation that covered all the aims of article 6. Nevertheless, it was
imperative to draft legislation that was effective and non-discriminatory and which respected the
rights of all persons. Protecting women victims of exploitation or trafficking was a complex process,
about which Azerbaijan should provide all relevant information in its next report to the Committee.
Both legal and illegal immigration was used as an opportunity to exploit trafficking in women. Such
practice was being studied by the European Union.

Statement by Chairperson

The Chairperson of the Committee, SALMA KHAN, expert from Bangladesh, expressed her
appreciation to the Government of Azerbaijan for attempting to focus on human rights in general,
and women's rights in particular. It was impressive that Azerbaijan had ratified the Convention
shortly after its independence, and without any reservations. Furthermore, there was a wide range
of laws protecting the rights of women. Despite legislative guarantees, however, the de facto status
of women was far from satisfactory.

Although she fully understood the difficulties faced by a government as consequence of war and the
seizure of territory, women became more vulnerable in those times, requiring greater protection
from exploitation and discrimination, she said. While the Government took into account the new
role of women following independence, the gains under the Soviet system should not be eroded.
The secular nature of the State would help the Government strengthen the legal and social policies
already under way. She sought more information about the de facto situation of women in
Azerbaijan.

She said her country of origin, Bangladesh, had a secular Constitution. However, in reality, women
were still subject to discrimination in particular areas of their lives due to the overriding influence of
religious practice and of religious leaders. Given that religion had assumed far greater importance in
Azerbaijan than in many countries of the former Soviet Union, more information on the influence of
religion was requested in the next report.

She was particularly disturbed by the level of poverty and the exceptionally high rate of infant and
maternal mortality. The rate was much higher than in Bangladesh, a very poor and undeveloped
country with a higher level of illiteracy than Azerbaijan.

In the economic sphere, she said that the Government should give serious consideration to
improving poverty. What kinds of affirmative action and temporary measures were being
undertaken to ensure a better economic life for women, especially women refugees? she asked.
Positive steps included the implementation of the programmes that had been introduced by the IMF
and the World Bank, and the renewed consideration of a special bank for women. Even in extreme
poverty, women were able to make progress. Micro- credit had to be without collateral. It was
important to recognize that a sustainable basis for economic growth, rather than welfare measures,
would benefit women.

The very low level of health care in the country, despite a very high percentage of female health
workers and high literacy rate, was troubling, she said. A sound health-care policy was lacking and
should be addressed in an effective manner. The participation of women in the labour force,
comprising some 45 per cent, and their very significant contributions in art culture, literacy, and in
the Parliament, was impressive. Such participation would contribute in a very significant way to
elevating the status of women. Despite a ravaged economy, the Government had shown a great
sense of commitment towards implementing the Convention and in initiating a national plan of
action.