63028 Assessing the Enabling Governance Environment to Promote and Enforce Women’s Rights in the Southern Caucasus August 2006 Funded by the Norwegian-Dutch Trust Fund for Gender Mainstreaming (GENFUND) Table of Contents Acknowledgments v Acronyms and Abbreviations vi Executive Summary vii 1. Introduction 1 Objectives 1 Background 1 Methodology 2 2. The Enabling Environment for Promoting Women’s Rights in Armenia 3 Human Capital Dimensions of Gender Equality 3 Access to Economic and Productive Resources 3 Status and Protection under the Law: The Legal Framework for Gender Equality 4 The Institutional Framework for Protection of Women’s Rights 13 Enabling a Governance Environment for Civil Society Organizations 13 3. The Enabling Environment for Promoting Women’s Rights in Azerbaijan 15 Human Capital Dimensions of Gender Equality 15 Access to Economic and Productive Resources 15 Status and Protection under the Law: The Legal Framework for Gender Equality 16 The Institutional Framework for the Protection of Women’s Rights 29 Enabling a Governance Environment for Civil Society Organizations 29 4. The Enabling Environment for Promoting Women’s Rights in Georgia 31 Human Capital Dimensions of Gender Equality 31 Access to Economic and Productive Resources 31 Status and Protection under the Law: The Legal Framework for Gender Equality 31 The Institutional Framework for Protection of Women’s Rights 41 Enabling a Governance Environment for Civil Society Organizations 41 5. Key Issues of Women’s Equality Addressed by Women's NGOs 43 Human Development Issues 43 Access to Labor Markets and Productive Resources 43 Advocacy on Women’s Rights and Participation 43 Pressing Social Issues 44 Violence against Women 44 Conclusions and Recommendations 45 iii Annex 1. List of Participants: Videoconference Dialogue Series 47 References 51 Bibliography 53 General 53 Armenia 54 Azerbaijan 55 Georgia 56 Endnotes 58 List of Tables Table 1. Indicators of Human Capital Development: Armenia ............................................................................................3 Table 2. Indicators of Access to Economic and Productive Resources: Armenia ................................................................4 Table 3. The Legal Dimensions of Gender Equality in Armenia..........................................................................................5 Table 4. Indicators of Human Capital Development: Azerbaijan .......................................................................................15 Table 5. Indicators of Access to Economic and Productive Resources: Azerbaijan...........................................................16 Table 6: Legal Dimensions of Gender Equality in Azerbaijan ...........................................................................................17 Table 7. Indicators of Human Capital Development: Georgia............................................................................................31 Table 8. Indicators of Access to Economic and Productive Resources: Georgia ...............................................................31 Table 9. Legal Dimensions of Gender Equality in Georgia................................................................................................32 Table 10. Women’s Political Participation in the Southern Caucasus ................................................................................43 iv The Governance Environment for Women’s Rights in the Southern Caucasus Acknowledgments The project was funded by the Norwegian-Dutch Tigran Kostanyan (Voice Secondee, PRMGE), Trust Fund for Gender Mainstreaming (GENFUND). Pierella Paci (Lead Economist, PRMPR), Inga The findings of this report are the result of research, Paichadze (External Relations Officer, Gender Focal analysis, interviews, consultations, and a series of Point, Georgia), Roger Robinson (Country Manager, videoconference dialogues conducted with the Armenia), Vigen Sargsyan (External Relations representatives of civil society organizations, Officer, Armenia), and Sarosh Sattar (Senior governments, academia, and World Bank staff. The Economist, and Regional Gender Coordinator, report was prepared by a team of international and ECSPE).The able resource management and local consultants consisting of Astghik Grigoryan administrative assistance of Maria Lourdes Abundo (international consultant), Elene Rusetskaia (Resource Management Assistant, PRMVP), Dawn (Georgia), Anna Harutyunyan (Armenia), and Ramil Ballantyne (Program Assistant, PRMGE), Afag Isgandarov (Azerbaijan). The task team leader was Jafadova (Resource Management Assistant, A. Waafas Ofosu-Amaah, Senior Gender Specialist in ECACA), Irma Khatiashvili (Accounting Clerk, the Poverty Reduction and Economic Management ECCGE), Satik S. Nairian (Program Assistant, Gender and Development Unit (PRMGE). ECCAR) and Gamar Usifova (Office Administrator, This report and videoconference dialogue series ECACA) is gratefully acknowledged. We also thank were made possible by a large number of people and Rusudan Kraveishvili and Guevork Guevorkian for organizations. The team is grateful to the numerous their very able translation services during the representatives from government, civil society videoconferences. The report was translated in organizations, and United Nations agencies that Russian by Ms. Alexandra Delemenchuk and Elena participated in the videoconference dialogues. Zotova and was reviewed by Helene Rusetskaya. The Several World Bank staff members, both at Russian version of the report was also reviewed by headquarters and in the three country offices, Nora Dudwick (Senior Social Scientist, PRMPR). provided significant advice and feedback, and their The team acknowledges the support and assistance input is greatly appreciated. These include Saida R. provided by Rick Ludwick in the production of the Bagirli (Operations Officer, Gender Focal Point, report. Mike Alwan edited and formatted the report World Bank, Azerbaijan), Anthony Cholst (Lead and Debra Naylor created the cover design. Country Officer), Arunima Dhar (Consultant, PRMGE), Susanna Hayrapetyan (Senior Public Health Specialist, Gender Focal Point, Armenia), v Acronyms and Abbreviations ABA/CEELI American Bar Association/Central European and Eurasian Law Initiative CEDAW Convention for Elimination of all forms of Discrimination against Women CIS Commonwealth of Independent States CSOs Civil Society Organizations DHS Domestic Household Survey EU European Union GENFUND Norwegian-Dutch Trust Fund for Gender Mainstreaming HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome ICLA Information and Counselling Aid project IDA International Development Association IDP Internally Displaced Persons IFAD International Fund for Agriculture Development IMF International Monetary Fund MDG Millennium Development Goal NGOs Nongovernmental Organizations NRC Norwegian Refugee Council OSCE Organization for Security and Cooperation in Europe OSI Open Society Institute PRMGE Gender and Development, Poverty Reduction and Economic Management Network (PREM) UNDP United Nations Development Program UNFPA United Nations Population Fund UNIFEM United Nations Fund for Women USAID United States Agency for International Development VAT Value-added Tax vi Executive Summary After the collapse of the Soviet Union, Armenia, weak enforcement mechanisms and lower Azerbaijan, and Georgia experienced a sharp decline levels of legal literacy among women. The in economic output, prolonged regional conflicts existing gender disparities negatively affect resulting in great numbers of internally displaced women’s access to decision-making persons (IDPs) and refugees, the deterioration of processes, productive resources, and labor social protection systems, and devastating natural markets. disasters. These circumstances resulted in a dramatic 2. Institutional arrangements: Institutional increase in poverty and a decline in the human arrangements are limited in all three development index. Poverty has greatly affected countries because of a lack of a clear women and introduced numerous obstacles and institutional structure authorized to address a challenges in the promotion of gender equality and advancement of women’s rights. Furthermore, comprehensive range of gender issues to women face new challenges with regard to issues enhance opportunities for women and men. such as human trafficking, rights of IDPs, and There is also limited institutional capacity to peacekeeping initiatives. Regional cooperation is promote the development, implementation, necessary to address these issues. and coordination of gender policies of the This period of transition has resulted in a decline respective countries. in public expenditures in social sectors and 3. Women’s participation in decision institutions such as medical care, child care, or out-of- making: Women’s participation in decision school institutions. This situation has also had making, as measured by representation in negative impacts on human development indicators the executive and local branches of for women. Women’s access to productive resources government and in the legislature and and labor markets is restricted. Unemployment rates judiciary, remains low. By contrast, are fairly similar among men and women in women’s participation in nongovernmental Azerbaijan and Georgia, but women comprise about organizations is increasing. 66 percent of the unemployed population in Armenia. 4. Women’s access to productive resources There are also gender disparities in remuneration and labor markets: Women’s economic schemes for women and men throughout the region. participation is visible in small business, On average, in the three countries, women earn 30 especially in the small-scale trade and percent less than men. Women’s economic participation is visible in small business, especially in services sectors. These sectors have the small-scale trade and services sectors. substantially lower remuneration than in Review of the human development indicators other sectors, which may explain the relating to access to productive and economic significant gender wage disparities. resources, and the legal and institutional frameworks 5. Civil society organizations (CSOs) play a for promoting women’s economic advancement and major role in the area of gender equality protecting their rights, reveals findings in five main in the region: Women’s civic participation thematic categories. Each category has significant in the region is high and they comprise the policy implications for both national policy makers majority of participants in nongovernmental and international development partners. These organizations (NGOs). This is a result of findings and implications are outlined below. two opposite trends for women in politics: 1. Legal frameworks: All three countries have on the one hand, a drastic decline in adopted legal frameworks guaranteeing women’s access to (national and local) equal rights to women and men (de jure). government positions, and on the other However, women often have fewer hand, an unprecedented increase in women’s protections in reality (de facto) due to the participation in informal politics, in building vii civil society, and in NGOs. 1 However, health, human trafficking), but also in public policy, coalition-building efforts among the constitutional changes, and overall economic policies women’s rights NGOs and other civil that promote equitable growth. These policy society organizations are weak. CSO implications go beyond building the capacity of financial viability is problematic, with the women’s groups; they include mainstreaming gender international donor community being the issues in major national development policies, and sole source of financing. efforts such as those designed to assist the newly These findings emphasize the need for more established offices of Ombudsmen in the region with comprehensive and targeted initiatives to raise public the enforcement of women’s rights. Key partners in awareness, provide legal literacy for women and men, these processes include international development and strengthen networks of women’s organizations to organizations working in the region, including the enable women to play more informed leadership roles European Union (EU), the Organization for Security in promoting their economic empowerment. These and Cooperation in Europe (OSCE), the Open Society findings also highlight the need to encourage Institute (OSI), the United Nations Development collaborative efforts among CSOs and women’s Program (UNDP), the United Nations Fund for rights NGOs to address issues more effectively—not Women (UNIFEM), and the United States Agency only in the areas that are considered to be “women’s for International Development (USAID). interests” (such as domestic violence, reproductive viii The Governance Environment for Women’s Rights in the Southern Caucasus 1 Introduction have not yet been properly addressed. The Objectives governments sometimes lack appropriate resources, information, and skills to deal with issues related to This project set out to assess the capacity of civil the women’s rights. Moreover, the countries of the society organizations (CSOs) to meet the pressing region face new challenges in the area of women’s needs for legal literacy, legal aid, and improved rights, including issues such as human trafficking, the access to justice and legal services for poor women in rights of IDPs, and peacekeeping initiatives that Armenia, Azerbaijan, and Georgia. The primary require regional cooperation. objectives were as follows: Because of their ties to the constituencies they Identify laws and institutions that promote serve, CSOs have the potential to assist governments women’s rights. in making informed decisions concerning women’s Identify and disseminate successful initiatives rights and status, as well as in empowering women in that promote women’s legal rights and legal the region. CSOs in the region can play important literacy and facilitate their access to legal roles as intermediaries for concerned citizens to services. participate in the public sphere, to influence the Strengthen collaboration among groups decision-making process, and in many cases to working on gender issues in prioritizing promote women’s rights. Given the volatility of the women’s legal rights. region, nongovernmental organizations (NGOs) are better positioned and are often more flexible than the Background respective governments in initiating and implementing projects requiring cross-border After the collapse of the Soviet Union, Armenia, cooperation. However, for CSOs to be effective Azerbaijan, and Georgia, along with other participants in the development process and to realize Commonwealth of Independent States (CIS) their mandates, an enabling legal, regulatory, countries, experienced a sharp decline in economic institutional, and policy environment is necessary. output, prolonged regional conflicts resulting in great Governments can facilitate the creation and numbers of internally displaced persons (IDPs) and enforcement of such an environment. refugees, the deterioration of social protection The development of the NGO sector in the systems, and devastating natural disasters. These region is in its nascent stage. Women play a vital role circumstances resulted in a dramatic increase in in these organizations and comprise a majority of poverty and a decline in human development indices. members of the NGO sector in all three countries. Poverty has greatly affected women and introduced The transition period after the collapse of the Soviet numerous obstacles and challenges in the promotion Union resulted in two opposite trends for women in of gender equality and advancement of women’s politics: on the one hand, a drastic decline in women’s rights. access to (national and local) government positions, Despite efforts by the respective governments in and on the other hand, an unprecedented increase in the three countries, several issues pertaining to gender women’s participation in informal politics, in building equality and participation in economic development civil society, and in NGOs. 2 Organizations working 1 in the area of women’ rights and equality 3 comprise in terms of access to productive resources, and their roughly 10 to 12 percent of all the registered status and protection under the law. The first two organizations in Armenia, Azerbaijan, and Georgia. indicators address the quantitative aspects of gender These organizations focus their activities in the equality and are presented as introductory background following areas: to show women’s status relative to men. The latter Educational activities and advocacy on indicator is the main focus of this report, and reviews women’s rights: lobbying, training, seminars, the legal dimensions of gender equality, with a view conferences to assessing the enabling policy environment that Economic advancement: poverty, allows women’s groups and other NGOs to promote unemployment, labor rights, micro credit women’s advancement. The report combines dual Vulnerable social groups: women prisoners, methodological approaches: a review of the existing prostitutes, disabled women, internally body of literature, research, and project documents; displaced women and refugees, ethnic and interviews with representatives of NGOs, minorities government officials, experts, and other stakeholders, Pressing social issues: migration and human including discussions from videoconference dialogues trafficking, reproductive health, demography, with these stakeholders. conflict resolution, and peace building The information is presented in a format that Violence against women and domestic allows each set of country information to be a stand- violence: prevention, rehabilitation, alone piece in Sections 2, 3, and 4 respectively. psychological, and legal assistance Section 5 presents information about the role of Gender and women’s studies NGOs in the three countries, followed by the presentation of conclusions and findings in Section 6. Methodology This report is organized around three key dimensions of gender equality: the status of women as far as human capital development is concerned, their status 2 The Governance Environment for Women’s Rights in the Southern Caucasus 2 The Enabling Environment for Promoting Women’s Rights in Armenia Human Capital Dimensions of Table 1. Indicators of Human Capital Gender Equality Development: Armenia Women and men have equal participation rates in the Human capital development first eight grades of schooling. Enrollment rates are dimension for Armenia higher for girls in the 9th and 10th grades, as well as Access to education at the secondary, vocational, and university levels. As shown in Table 1, however, human development Ratio of female-to-male enrollment in indicators in education and health for women lag secondary education (2002) 1.02 behind those for men. For example, more boys are Annual growth rate of female-to-male ratio in enrolled in postgraduate studies. 4 Boys tend to be education (1999–2002) –0.81 awarded scholarships more regularly at the university Boy–girl gap in primary completion rate level. This situation can be explained by the fact that (2003) 4.0 according to the Law on Military Service, male postgraduate students and PhD-and-higher degree Access to reproductive and health services holders are exempt from military service. Percentage of births attended by skilled health The social and economic transition affected the staff (2000) 96.8 health care sector. As a result, new public health challenges and concerns have emerged, such as Contraceptive prevalence rate (2000) 60.5 tuberculosis, sexually transmitted deceases, and Adolescent (15–19) fertility rate (2000–05) 32.3 human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS). The state Source: World Bank. does not provide reproductive health, sex, or family planning education. The contraceptive prevalence rate was 60.5 (Table 1). According to the 2000 Domestic Access to Economic and Household Survey (DHS), 38 percent of pregnancies Productive Resources end up in live births and 55 percent in abortions. 5 The Employment and labor force participation remain the prevalence of HIV/AIDS among young females (15– major challenge for women in Armenia, as shown in 24 years old) was at a low of 29 cases in 2001, but Table 2. The majority of unemployed Armenians seems to be growing quickly. 6 There is limited are women: Of the 34 percent of unemployed knowledge available on the causes and methods of population, 66 percent are women, 8 resulting in preventing HIV/AIDS. 7 the highest percentage of female unemployment in the 3 Table 2. Indicators of Access to Economic and male out-migration is very high. 14 Women are Productive Resources: Armenia therefore affected by the breakup of families, hidden unregistered divorces, and sham marriages with Access to economic and productive foreigners. Most important, female-headed resources dimension for Armenia households constitute 33 percent of all Armenian households, which establishes a different pattern of Female-to-male labor force participation ratio (2003) 0.91 family roles that is often not recognized. Annual growth rate of the female-to-male labor force participation (1990–2003) 0.37 Status and Protection under Source: World Bank the Law: The Legal Framework for Gender Equality The legal framework for women’s rights and region. 9 Women earn about 30 percent less than economic advancement in Armenia includes the men, 10 and are mostly employed in the low-income Constitution, 15 the Civil, Criminal, Labor, Electoral, sectors, such as the services sector. Women received and Family Codes, and other legislative acts. In 1993 fewer assets from privatization than men and, while Armenia ratified the United Nations (UN) Convention better represented in business, lag behind in on the Elimination of All Forms of Discrimination ownership of large enterprises. 11 against Women (CEDAW) without reservation. Extended maternity leave of up to three years Women are underrepresented in public decision- creates a substantial burden for employers, potentially making bodies and local NGOs have successfully creating a barrier to employing women. 12 There is a lobbied to raise the threshold to enhance women’s pronounced polarization of labor in rural areas, with representation in the National Assembly. On May 19, women being responsible for household work, child 2005, Article 100 of the Electoral Code was amended care, and preparing produce for sale. 13 As a result of to substitute the 5 percent quota with 15 percent. high male unemployment and underemployment, Table 3 presents the legal dimensions of gender equality in Armenia. 4 The Governance Environment for Women’s Rights in the Southern Caucasus Table 3. The Legal Dimensions of Gender Equality in Armenia Issue Legal Provisions Comments & Implications for Women’s Rights Constitutional Law 1. Equality before law Article 14.1 of the Constitution stipulates equality before the law and proscribes discrimination on the basis of gender, race, skin color, ethnic or social origin, and so forth. 2. Right to education Article 39 of the Constitution guarantees the right to education for every person. In addition, Article 6 of the Law on Education stipulates that the Republic of Armenia ensures the right of education irrespective of nationality, race, gender, language, religion, political and other views. 3. Right to health Article 33.2 of the Constitution stipulates that every person has the right to live in an environment that ensures good health and prosperity. 4. Right to employment Article 32 of the Constitution stipulates that every person has the right of Enforcement of this provision remains weak. Women freedom of choice of employment. comprise the majority (66%) of the unemployed population. 16 Nationality and Citizenship 1. Civil status/right to The Law on Citizenship, Article 3, grants equal citizenship rights to both passport men and women and allows them to retain their citizenship after marriage and decide the citizenship of their children. 2. Nationality Article 6 of the Law on Citizenship states that the marriage of an No special provision is found on gender differences Armenian citizen to a citizen of another country does not entail a change concerning the nationality of woman and man. of citizenship, nor does the change of citizenship by one spouse automatically result in a similar change for the other spouse. 3. Right to vote Article 30 of the Constitution guarantees universal suffrage to any citizen According to the Decree of the Government of Armenia of Armenia who is at least 18 years old. concerning the Convention on the Standards of Article 3 of the Electoral Code specifies that “those citizens who have Democratic Elections, Electoral Rights, and Freedoms in electoral right, irrespective of nationality, race, gender, language, the Member States of the CIS, Armenia undertook the obligation to strive for creation of a legal, organizational, religion, political or other views, etc., have the right to vote and be elected. With respect to the above mentioned, any restriction of the and informational system of guarantees ensuring citizens’ electoral right is prosecuted by the law.” election rights and freedom during preparatory and implementation stages of any type of elections, as well as to carry out required legislative measures to guarantee implementation of women’s rights to vote and to run for elected offices personally (through single-mandate or The Enabling Environment for Promoting Women’s Rights in Armenia 5 6 Issue Legal Provisions Comments & Implications for Women’s Rights proportional ballot) on fair and equal conditions with men. 4. Eligibility to run for The right to run for elected office and to participate in the governance of Notwithstanding these provisions, women’s political elected office state bodies at all levels is guaranteed by the Constitution (Article 30). participation remains low. Women comprise 5.3% of the Article 100 of the Electoral Code specifies that the proportional lists of National Assembly. Local NGOs successfully lobbied for raising the threshold to enhance women’s representation candidates nominated to National Assembly should comprise 5% of women nominees. in the National Assembly. On May 19, 2005, Article 100 of the Electoral Code was amended. According to the amendments in Clause 2, “5%” quota was substituted with “15%”. Moreover, the amendments require placing women nominees at least on every 10th place of the proportional list. 5. Nationality of children The Law on Citizenship grants equal citizenship rights to both men and women and allows them to retain their citizenship after marriage and to decide the citizenship of their children (Article 6). Personal Status 1. Legal age for marriage Article 35 of the Constitution guarantees the right to marry to men and women who reached legal age for marriage. Article 10 (Clause 1) of the Family Code stipulates the legal age for marriage as 17 for women and 18 for men. 2. Legal consent for Article 1 of the Family Code states that while establishing marriage, marriage within marriage, and during divorce, women and men enjoy equal rights. Article 10 of the same code states that marriage requires mutual voluntary consent of woman and man. “…Legal regulation of family relations is based on the free will of woman and man to establish a The Governance Environment for Women’s Rights in the Southern Caucasus matrimonial union and equality of rights of spouses in the family, as well as on the principle of mutual respect in resolution of family issues, care for their prosperity, primary protection of rights of disabled and minor members of the family.” Clause 5 of Article 1 says any social, racial, national, language, and religious restriction of rights of citizens while establishing marriage or already in family relations is prohibited. 2. Divorce According to Article 13 of the Family Code, marriage is terminated through divorce based on written request of the spouses or one of the Issue Legal Provisions Comments & Implications for Women’s Rights spouses, and marriage is terminated by the court on the basis of written request of the custodian of the disabled spouse. The same Article precludes a man from submitting a request for divorce without his wife’s consent during her pregnancy. In case of mutual consent of both spouses on dissolution of their marriage, divorce is carried out in the Civil Registry Offices; Dissolution of marriage is done at Civil Registry Offices on the basis of a written request of one of the spouses if the other spouse a) is recognized missing, b) was recognized incapable by the court, or c) has been sentenced to serve at a penitentiary institution for at least three years; Disagreements concerning division of common property of the spouses, provisions for living conditions to incapable vulnerable spouse, as well as between spouses arising because of the children are resolved according to court procedure (Article 15). 3. Adoption The Family Code does not contain any gender-specific provisions concerning the rights of women and men to adopt a child. 4. Child custody Article 77 of the Family Code states that spouses must economically No gender-related provision is specified in the Chapter on support each other. According to Article 77 of the Family Code, a Child Custody of the Family Code. However, women woman during pregnancy, as well as a parent taking care of a child under usually get preferential treatment in custody disputes. three years of age, have the right to request alimony through court proceeding. 5. Property rights According to Article 31 of the Constitution, every person has the right to have, use, manage, and bestow their property at their own discretion. 6. Inheritance rights According to the Civil Code, women and men enjoy equal inheritance In reality, men and boys enjoy a preferential inheritance rights. regime. Customary law often takes precedence in issues concerning inheritance rights. Participation in the Economy 1. Entrepreneurship Article 33.1 of the Constitution grants every person the right to engage in The level of women’s entrepreneurial activities remains entrepreneurial activities. low in Armenia. Decree of the Government of Armenia on The National Action Plan on Improving the Status of Women and Enhancing Their Role in Society, 2004– 2010, addressed this issue by calling for the development of small entrepreneurship for women by organizing business training programs in various sectors of The Enabling Environment for Promoting Women’s Rights in Armenia 7 8 Issue Legal Provisions Comments & Implications for Women’s Rights economy. 2. Access to credit While there is no specific legislation, the Decree of the Government of Armenia on The National Action Plan on Improving the Status of Women and Enhancing Their Role in Society, 2004–2010, calls for the implementation of micro-credit programs provided to assist in the development of women’s small and medium business. Labor Laws 1. Right to Work Article 32 of the Constitution states that every citizen has the right to Enforcement of the access to labor markets remains freely choose employment, to a just wage no lower than the minimum set weak, as women comprise 66% of the unemployed by the state, and the right to work in conditions that meet safety and population. health requirements. Article 3 of the Labor Code grants equality in labor relations irrespective of gender, race, nationality, language, ethnic origin, citizenship, social status and religion. 2. Equal Remuneration Article 180 of the Labor Code states that equal criteria of qualification Enforcement of the legislation concerning equal should be applied both to men and women and the system of criteria of remuneration is problematic. Women earn on average qualification should be made in a way to avoid gender discrimination. 30% less than men. Article 178 of the Labor Code says “equal remuneration shall be guaranteed to women and men for the same or similar work.” Article 7 of the Law on Remuneration specifies “it is forbidden to discriminate with respect to remuneration irrespective of nationality, citizenship, race, gender, age, language, religion….” 3. Pregnancy, maternity, Article 117 of Labor Code prohibits the termination of the employment The Governance Environment for Women’s Rights in the Southern Caucasus and paternity contract with pregnant women until one month after pregnancy and delivery vacation. The same Article also prohibits the termination of the employment contracts with employees who take care of a child up to the age of one year. Article 156 of the Criminal Code says the refusal without grounds to hire a pregnant woman citing pregnancy or a person with a child under three years of age is punished with a fine in the amount of 200 to 500 minimal salaries, or 120–180 hours of public labor, or arrest and imprisonment for up to one month. Issue Legal Provisions Comments & Implications for Women’s Rights 4. Maternity leave Article 35 of the Constitution states that any working woman has the right to paid leave during pregnancy and delivery, as well as the right to paid leave for care of a newborn baby or for an adopted child. According to Article 172 of the Labor Code, working women are provided with fully paid pregnancy and delivery vacation, in the amount of 140 total days (70 days for pregnancy and 70 days for delivery). The Labor Code also provides for additional paid time for breastfeeding women (Article 258). 5. Child care Article 173 of the Labor Code says that a member of a family who takes The generous vacation term (up to three years) is care of a child less than three years of age is entitled to leave for child considered an impediment to women’s labor force care until the child is three years old. Leave can be taken either all at participation. once or part by part. Clause 2 of the same Article stipulates that the employee shall retain their position while on leave for child care purposes. Article 141 (Clause 3) of the Labor Code says that pregnant women and employees who have children under one year of age are given the right to work on less than a full working day schedule. 6. Prohibited industries Article 258 of the Labor code prohibits involving pregnant women and The legislation concerning women’s employment in women taking care of a child less than one year of age with work prohibitive industries is considered to be overprotective. conditions that are harmful and dangerous to the health of the mother and Introduction of a workman’s compensation system might the child. help to ease some limitations for women’s engagement in certain industries. In addition, the Government has adopted decrees limiting or restricting women’s employment in numerous sectors (such as high mountainous conditions; dealing with pesticides or other harmful substances). 7. Night work/overtime Article 144 of the Labor Code says a pregnant woman and employee who takes care of a child aged less than one year old can be asked to do overtime work only by their consent. Article 149 of the Labor Code states that a pregnant woman and employee who takes care of a child aged less than three years old can be moved into shifts at home or an organization only with their consent. 8. Retirement & pension According to Article 2 of the Law on State Pension, the right to pension is guaranteed irrespective of nationality, race, gender, language, religion, political or other views, social origin, property, or other circumstances. Article 12 of the Law on State Pension states that the right to retirement The Enabling Environment for Promoting Women’s Rights in Armenia 9 10 Issue Legal Provisions Comments & Implications for Women’s Rights benefits is given to any person over 63 if the person has 25 years of insured working experience. The same law provides for an early retirement schedule for women and men who possess a shorter employment history or worked in certain sectors (such as culture and education or civil aviation), as well as for men and women engaged in the prohibited industries. 9. Social security and The Law on Social Protection of Population does not provide gender- other benefits specific provisions concerning social security entitlements. 10. Income tax Article 13 of the Law on Personal Income Tax stipulates that in calculating the taxable income, gross income shall be reduced by an amount not exceeding 5% of taxable income, of donation (in cash and/or kinds), or price of services to a number of organizations, including organizations for human, women, children, and old people’s rights protection purposes. Reproductive Health 1. Reproductive health Article 4 of the Law on Reproductive Rights and Reproductive Health Enforcement of the provisions of the Law on stipulates that every human being has vital sexual and reproductive rights Reproductive Rights and Reproductive Health remain according to the Constitution and laws of the Republic of Armenia and weak. According to the World Bank survey, 7.4% of international agreements signed by Armenia. deliveries had no antenatal care, and care in rural areas Article 6 of the same law establishes the state protection of motherhood was only 37% of the figure for urban areas. At the same time, 14.6% of rural deliveries were conducted at home and childhood, grants women the right of safe motherhood, and necessitates women’s or her family member’s consent in case of any compared to only 1.2% of urban deliveries. 17 medical interventions during the pregnancy, except for emergency Many women do not have control of their health care situations. Clause 6 of the same article states that a woman has the right decisions (20% of married women report that their to enjoy free medical services connected with pregnancy and delivery in husbands make decisions about their health). There are the framework of the state-targeted health care programs. no mental health facilities in rural areas. 18 The Governance Environment for Women’s Rights in the Southern Caucasus 2. Contraception Article 8 of the Law on Reproductive Rights and Reproductive Health Notwithstanding the provisions of the Law on states that every woman has the right to enjoy safe maternity and the Reproductive Rights and Reproductive Health, the right to use effective contraceptive methods to avoid unwanted number of abortions remains high, and education pregnancy and artificial termination of pregnancy. concerning reproductive health and contraception is low. 3. Abortion Article 10 of the Law on Reproductive Rights and Reproductive Health Abortion remains the dominant contraception method in grants a woman the right to terminate a pregnancy of up to 12 weeks. Armenia. According to the 2000 DHS survey, about 38% Later-term pregnancies can be terminated if supported by a medical of pregnancies result in live births and 55% in statement with the woman’s consent. The same law requires parental or abortions. 19 Issue Legal Provisions Comments & Implications for Women’s Rights guardian consent for the artificial termination of pregnancy of minors. According to the same law, the medical institution shall provide women with free medical consultation concerning safe and effective use of other contraception methods before and after artificial termination of pregnancy. Article 122 of the Criminal Code prohibits illegal abortions both for persons with and without appropriate medical training. Clause 3 of the same Article states that if the illegally performed abortion resulted in the death of the woman or inflicted grave damage to her health by negligence, or if the abortion as performed by a person previously convicted for illegal abortion, the convicted person is punished with imprisonment for up to five years and deprived of the right to hold certain positions and practice certain activities for a term of up to three years. 4. Sterilization Article 9 of the Law on Reproductive Rights and Reproductive Health grants adults of at least 18 years of age the right to receive voluntary sterilization at a medical institution. 5. HIV/AIDS Willful or other intentional infection of another person with AIDS is criminalized in Article 123 of the Criminal Code and provides for a three- to eight-year prison term. Penal Code Provisions on Personal Safety 1. Human trafficking Article 132 of the Criminal Code prohibits recruitment, transportation, Institutional arrangements for and enforcement of anti- transfer, harboring, or receipt of persons for the purpose of sexual human trafficking legislation remain weak. Armenia is exploitation or forced labor, by means of the threat or use of force, of recognized by the State Department as a country of fraud, of using the dependence, of blackmail, and of threat of destruction origin. The main destinations for trafficked persons are or damage to property, if this was done for mercenary purposes. Turkey, Greece, Syria, and the United Arab Emirates. Article 168 envisaged harsher punishment for child trafficking. 2. Sexual Crimes According to the Criminal Code, punishment for rape shall be 3 to 6 Institutional arrangements to deal with sexual crimes years imprisonment. If the rape is committed by a group of persons or remain insufficient. The law enforcement lacks training under other aggravated circumstances, it is punished with imprisonment concerning the issue of sexual crimes as well as a specific for the term of 4 to 10 years (Articles 138, 139). department dealing with rape cases. Rape of a minor is punished with an 8- to 15-year prison term. The Criminal Code (Article 139) stipulates special provisions for The Enabling Environment for Promoting Women’s Rights in Armenia 11 12 Issue Legal Provisions Comments & Implications for Women’s Rights homosexual or lesbian rape. This type of rape is punishable by an imprisonment term of three of six years. Article 141 of the Criminal Code envisages prohibition to engage in sexual intercourse with a minor under the age of 16. Article 142 proscribes commitment of lecherous sexual acts with minors less than 16 years of age. 3. Sexual harassment Article 221 of the Labor Code says that sexually harassing coworkers, Employees and employers lack knowledge concerning subordinates, or beneficiaries is a gross violation of labor discipline and a workplace sexual harassment. There are no institutional violation of the equal rights of women and men. . or procedural remedies to address harassment-related grievances. Fearing retaliation, women usually do not take action against the sexual harassment. 4. Violence against Article 148 of the Criminal Code stipulates that the direct or indirect Many cases of domestic violence and violence against women violation of citizens’ human rights and freedoms based on nationality, women go unreported and unpunished due to the race, sex, language, religion, political and other views, social origin, prevalence of traditional values forbidding disclosure of property and other status, and which harms a person’s legal interests, is family affairs to the public. Forty-five percent of punished with a fine in the amount of 200 to 400 times the minimal Armenian women suffer violence perpetrated by a family salary or with imprisonment for a term of up to two years. member. 20 Policy and Institutional Issues 1. Participation of women Article 30 of the Constitution guarantees universal suffrage to citizens of Women’s participation at all levels of government Armenia who have reached 18 years of age. remains low. Women are active in the NGO sector. At Article 3 of the Electoral Code guarantees the right to elect and be present, there are about 60 registered women’s elected irrespective of nationality, race, gender, language, religion, organizations working on different women’s issues. political or other views, social origin, property, or other issues. The article also prohibits imposing any restriction on exercising electoral rights. The Governance Environment for Women’s Rights in the Southern Caucasus 2. Enforcement of gender- The Decree of the Government of Armenia on National Plan of Action Legislation lacks implementation provisions. The Decree sensitive laws for Improving the Status of Women and Enhancing Their Role in of Government of April 15, 1998, as well as the National Society, 2004–2010, among other measures, envisages carrying out Action Plan on Improvement of Women’s Status and institutional reform aimed at creating the appropriate government Enhancing their Role in Society for 1998–2000 was institution to deal with issues concerning gender equality and protection largely unrealized due to insufficient funding. There is of women’s rights. concern that the National Action Plan for the years 2004– 2010 will also fall short for similar reasons. The Institutional Framework become a member of an association. 23 Freedom of association may be restricted in case of an imminent for Protection of Women’s threat to state security or the security of citizens, or in Rights the event of an attempt to overthrow a legitimate government. It may also be restricted during a state of The Department of Women’s and Children’s Issues, a emergency or when a curfew has been imposed under unit created within the Ministry of Social Security in martial law. 24 1997, and the Mother and Child Health Protection The Armenian legislation prescribes two legal– Division of the Ministry of Health have organizational types of NGOs: foundations and responsibilities for women’s issues. In 1997, the associations. Prime Minister issued a decree concerning creation of A foundation is a noncommercial a committee to carry out the 1998–2000 Gender organization, which is established based on Policy Development Program. This was a three-year voluntary contributions of property on behalf program designed to improve the status of women. It of citizens and/or legal persons, and which was not fully implemented owing to insufficient does not have members and pursues social, resource allocation. charitable, cultural, educational, scientific, In 2000, the Women’s Council was created public health, environmental, or other public under the auspices of the Prime Minister, which is a benefit goals. 25 voluntary consultative body. In 2002, a Deputy An association is a type of public Minister was appointed at the Ministry of Social organization that does not pursue the Security who is authorized to coordinate activities acquisition or distribution of profit among its addressing women’s issues. However, all these bodies members. The members form the deal mainly with issues related to social, health, and organization based on their common interests employment sectors. Interviews with many women’s for protecting their and other persons’ rights organizations in Armenia indicated that the high and interests, for providing material and turnover rate for this position does not provide for nonmaterial assistance to certain groups, and continuity of policies and initiatives. 21 The for carrying out other activities for the public representatives of women’s organizations also benefit. 26 Most organizations working in the expressed the need to create a special cabinet-level area of women’s rights protection are position to ensure protection of equal rights for both registered as associations. women and men. 22 The National Action Plan on Armenian legislation requires the NGOs to Improving the Status of Women and Enhancing Their register in order to enjoy rights and bear the Role in Society for 2004–2010, adopted by the responsibilities of a legal entity. Non-registration is Government of Armenia in April 2004, envisages not considered an impediment to exercising the creation of such a position. freedom of association right. The existence of non- registered entities is envisaged in legislation. Enabling a Governance Registration involves an appropriate application to the Environment for Civil Society Ministry of Justice for a fee of 10,000 drams (about US$20). 27 All registered NGOs are entered into a Organizations centralized state registry within the Ministry of Given insufficient institutional arrangements to deal Justice. Information on the registration procedure is with women’s rights issues, the role of civil society publicly available and all requirements are contained organization becomes more prominent. There are in the Law on NGOs. An NGO may be denied more than 3,000 registered CSOs in Armenia; 60 of registration if the requirements of the Law on NGOs these are women’s organizations working nationwide. are not met or if any of the provisions in the Twelve of the 60 women’s organizations are active. organization’s charter contradict the Constitution. Armenian women’s rights organizations operate Reasons for the denial of requests shall be provided in within the framework of legislation concerning writing. NGOs. According to the Armenian Constitution, all A registered NGO may open branch offices. The citizens have the right to create an association, trade Law on NGOs does not contain any requirements for union, or political party, and to be a member thereof. re-registration of NGOs. However, any changes to the Limitations are placed only on police officers and organization’s charter or name should be duly those serving in the military. No one can be forced to registered. 28 The right of appeal of NGOs is as follows: Upon denial of registration, an NGO has the The Enabling Environment for Promoting Women’s Rights in Armenia 13 right to resubmit its application and supporting Body of the Government of the Republic of Armenia documents for registration. A negative decision may and the State Committee on Coordination of Charity be appealed to a court. 29 Programs. 30 All NGOs have the right to receive Financial viability is one of the most difficult foreign funding. The law does not prescribe any challenges that NGOs in Armenia face. The particular mechanism for receiving foreign funding. international donor community remains the main There is no law on grants. The main exemption that source of financial resources for the NGOs. There are NGOs can benefit from is the value-added tax (VAT). two aspects of financial sustainability: taxation and Several major donor organizations have concluded fundraising. memoranda of understanding with the Armenian Two main authorized bodies review applications government that foresee VAT exemptions for NGOs for financial and other benefits: the Authorized State implementing programs with the financial support of the international donor organizations. 14 The Governance Environment for Women’s Rights in the Southern Caucasus 3 The Enabling Environment for Promoting Women’s Rights in Azerbaijan Human Capital Dimensions of Table 4. Indicators of Human Capital Gender Equality Development: Azerbaijan Indicators of access to education show that several Human capital development dimension for challenges remain to be addressed (Table 4). While Azerbaijan survey data show no significant differences in male– Access to education female enrollment rates for basic education, there is a gender gap in secondary enrollment. In higher Ratio of female-to-male enrollment in education, 46 percent of students in higher education secondary education (2002) 0.96 institutions, 30 percent of postgraduate students, and Annual growth rate of the female-to-male ratio 22 percent of students are working for doctoral in education (1990–2002) –0.24 degrees. 31 The withdrawal of girls from school after completing primary school in refugee and IDP camps Boy–girl gap in primary completion rate has increased significantly. 32 (2003) 3.0 Similarly, indicators of access to reproductive Access to reproductive and health services and health services confirm remaining challenges toward meeting the Millennium Development Goals Percentage of births attended by skilled health staff (2000) 84.1 (MDG) for maternal health. Abortion rates are very high, at 269 per 1,000 live births in 1998, an increase Contraceptive prevalence rate (2001) 55.4 of 38 percent as a proportion of live births since 1997. Adolescent (15–19) fertility rate (2000–05) 26.4 Survey data confirm particularly low rates of knowledge (83 percent) or usage (12 percent) of Source: World Bank. modern contraceptives among women. 33 Reported cases of HIV/AIDS among 15- to 24-year-old females increased from 2 in 1994 to 128 in 2001. 34 Access to Economic and Productive Resources According to 1999 census data, labor participation rates were 78.2 percent for men and 65.7 percent for 15 women of working age, while unemployment rates skills as reasons for their relatively limited interest in were 10.9 percent for men and 11.8 percent for setting up private businesses. 39 The average wages of women of working age. 35 In 2000, 45.7 percent of female employees are lower than those of men in all employees were women. Women’s employment is sectors. 40 For example, women’s wages as a concentrated in lower-paying sectors of the economy, percentage of men’s range from 54 percent in the such as agriculture (48.5 percent) and social services. public health and social work sector to 72 percent in In the health sector, 70.2 percent of the employed are education and 85 percent in communications. 41 There women, while in the education sector, the percentage was a negative migration balance from 1990 to 1999, is 67.9. 36 Women are rarely promoted to leadership mainly due to the out-migration of working-age positions in the health care and education sectors (in men. 42 2002, 72 percent of the directors and deputies in educational institutions were men). 37 Table 5 gives examples of indicators of access to economic and Status and Protection under productive resources. the Law: The Legal Framework for Gender Equality Table 5. Indicators of Access to Economic and Productive Resources: Azerbaijan Although there is no specific law guaranteeing equality between men and women, the Parliament of Access to economic and productive Azerbaijan has completed a first reading of the draft resources for Azerbaijan law on State Guarantees for Equality between men and women. In recent years, violence against women Female-to-male labor force participation ratio has been recognized as one of the significant (2003) 0.91 problems in the country. One of the important steps Annual growth rate of the female-to-male toward prevention of this problem was amendments labor force participation (1990–2003) 0.37 to the Criminal Code of Azerbaijan. Another problem for women is human trafficking, which constitutes a Source: World Bank. violation of human rights. Consequently, articles on trafficking in human beings, forced labor, and Official gender statistics regarding privatization dissemination of confidential information about are not available. Unofficial sources estimate that victims of trafficking have been added to the Criminal women became owners in 10 percent of privatization Code, and the legislation on trafficking in human cases. 38 Women hold proprietary interest in 7 percent beings has been brought into compliance with of newly registered medium enterprises. According to international norms. Table 6 presents an overview of the United Nations Development Program (UNDP), the legal dimensions of gender equality in Azerbaijan, limited participation in privatization is partially with brief descriptions of the gender impacts of explained by the 86 percent response from women several legislative provisions. that attribute their lack of capital, knowledge, and 16 The Governance Environment for Women’s Rights in the Southern Caucasus Table 6: Legal Dimensions of Gender Equality in Azerbaijan Issue Legal Provisions Comments & Implications for Women’s Rights Constitutional Law 1. Equality before Article 25 of the Constitution: There is no special separate law on gender equality between men and law Right to equality women. However, recently the Parliament of Azerbaijan has passed I. All people are equal in the eyes of the law and in a court of through a first reading of the draft law on state guarantees for equality law. between men and women. II. Men and women possess equal rights and liberties. III. The state guarantees equality of rights and liberties to In many spheres in which inequalities between men and women are everyone, irrespective of race, nationality, religion, language, identified, Azerbaijan’s “traditional” or “Eastern” culture is used as an sex, origin, financial position, occupation, political explanation and even a justification for continued inequality. For convictions, membership in political parties, trade unions, and example, both men and women often express approval of the notion other public organizations. Rights and liberties of a person or that women should not work outside the home or that preferences citizen cannot be restricted due to race, nationality, religion, should be given to men in employment because the man should be the language, sex, origin, conviction, and political and social breadwinner in the family. belonging. 2. Right to Article 42: Right to education The limited number of regional higher education institutions presents education I. Every citizen has the right to education. The state guarantees limited opportunities, especially for young women, because of the free obligatory secondary education. The system of education travel required. One Baku university graduate explained that her is under state control and the state guarantees continuation of family would never permit her to study abroad because of what the education for most gifted persons irrespective of their financial neighbors might say. position. The state establishes minimum educational standards. 3. Right to health Article 41: Right to health protection I. Everyone has the right to protection of his or her health and to medical care. II. The state takes all necessary measures to develop all forms of health services based on various forms of property, guarantees sanitary–epidemiological safety, and creates possibilities for various forms of medical insurance. Officials concealing facts and cases that are dangerous to people’s life and health will bear legal responsibility. 4. Right to Article 35: Right to work Discrimination against women in hiring and promotion is widely employment I. Labor is the basis of personal and public prosperity. reported. Statistical data reveals significant gender segregation in the II. Everyone has the right to independently choose, based on his public and private sectors, with the private sector increasingly or her abilities, their type of activity, profession, occupation, becoming a “male” domain. Since women’s employment rates in the and place of work. Nobody can be forced to work. Labor public sector are considerably lower than men’s overall, the public The Enabling Environment for Promoting Women’s Rights in Azerbaijan agreements are concluded voluntarily. Nobody can be forced to sector is still the largest employer of women, employing 32.3% of the conclude a labor agreement. Based on the decisions of the law total number of working women in 2004. 17 18 Issue Legal Provisions Comments & Implications for Women’s Rights court, there might be allowable cases of forced labor, with the terms and conditions being specified by legislation; forced labor may be permissible due to orders of authorized persons during the term of army service, a state of emergency, or martial law. Everyone has the right to work in safe and healthy conditions, to get remuneration for his or her work without any discrimination, and receive not less than minimum wages rate established by the state. Unemployed persons have the right to receive social allowances from the state. Nationality and Citizenship 1.Civil According to the Civil Code of the Azerbaijan Republic, the status/right to possibility for citizens to obtain civil rights by their actions and to passport undertake civil responsibilities (also known as civil capability) occurs from the moment of attaining majority only—from the age of eighteen (18) years. Article 3 of the Law on Entry and exit and passports states that a passport of a citizen of the Azerbaijan Republic is a uniform document identifying a citizen person outside of the Azerbaijan Republic, and is issued to give him or her the right of exit from and entry into the country. 2. Nationality Article 3. Equal Citizenship: Children born of a marriage of an IDP woman and a non-IDP man do Citizenship of the Azerbaijan Republic shall be equal for everyone not acquire IDP status, whereas in cases where an IDP man marries a regardless of the basis for acquiring such citizenship. The rights, non-IDP woman, their children automatically receive IDP status. This freedoms, and obligations of the citizens of the Azerbaijan Republic is because the head of the family is usually considered to be a man. shall be equal regardless of their origin, social and property status, Another interesting fact is that if an IDP woman divorces her husband, race and nationality, sex, educational background, language, then her children acquire IDP status. That is because a divorced religious views, political and other convictions, the type and nature woman with children is considered the head of the family. of employment, place of residence and time lived in such place of residence, as well as of other factors. 3. Right to vote Election Code: Article 4. Equal Suffrage states that citizens shall participate in The Governance Environment for Women’s Rights in the Southern Caucasus elections and referendum on equal terms, each citizen shall have a single vote during each voting period, and any vote of citizens shall have equal validity. Article 12. Every citizen of the Republic of Azerbaijan who has attained the age of 18 years by the day of Parliamentary, Presidential, and Municipal elections and referenda has the right to vote. 4. Eligibility to Article 13 of the Election Code: Women are only nominally involved in the political parties, reducing run for elected Every citizen, having active suffrage, shall have the right to initiate a the likelihood of women candidates being put on party lists (and high office referendum campaign group, and to be elected as a deputy to Milli enough on the list to be elected). Many women activists are again Majlis (Parliament), or President or a member of municipality (which calling for a quota system to increase the representation of women in Issue Legal Provisions Comments & Implications for Women’s Rights is considered passive suffrage) if he or she meets the requirements of elected office. the Constitution of the Republic of Azerbaijan concerning candidates for the Presidency, Milli Majlis, and municipality. 5. Nationality of Article 13 of the Law on Citizenship: children The provision on citizenship of children of unknown parentage states that a child living in the territory of the Azerbaijan Republic is a citizen of the Azerbaijan Republic. Personal Status 1. Legal age for Article 10 of the Family Code: There is a problem with increasing cases of early marriages, which marriage After the age of 18, men are entitled to enter into a marriage, but constitute a violation of human rights. There is little concrete women are entitled to marry at the age of 17. In special cases information about their incidence because they are unregistered, and considered by the local executive bodies, the minimum eligible ages therefore they are not recorded as part of any standard data collection for men can be 17, and for women 16. system. However, although there is no data on early marriages disaggregated by regions, it is possible to hypothesize that the highest rate of early marriages is present in the southern part of the country. 2. Legal consent Article 9 of the Family Code: This practice is problematic for the girl because of health issues for marriage Marriage is registered by the State Registration of Citizens’ Acts associated with early pregnancy, the loss of educational opportunities Department within one month of both sides having submitted the (ended with marriage), the lack of legal protections if marital application for marriage. problems arise, and the power imbalance of a young woman in the home of her new in-laws. The practice of cousin marriage is still widespread in Azerbaijan. The issue of blood-related marriages was even noted by President Aliyev in 1995. Anecdotally, several young working women credited their ability to reject family pressure for a cousin marriage to their living in cities and having good jobs. 3. Divorce Article 16 of the Family Code: Divorce is possible on the basis of the mutual agreement of the executive power or on the basis of the complaint by one party. A husband cannot file for divorce during his wife’s pregnancy or within one year after the birth of the child. 4. Adoption Article 117 of the Family Code: The Ministry of Health and the Ministry of Education plays a role in Adoption is possible only when it is in the interest of the juvenile. the adoption process. After an adoptive parent or family registers with One child can not be adopted by two persons (except husband and the Ministry of Foreign Affairs, an adoption request should be filed in wife). A husband can adopt a child of his wife (from a previous the Azerbaijani court in the district where the child resides. The court union). Adoption of the child by foreigners is possible only in cases will issue a preliminary decision, after which the file must be where the adoption is not possible by citizens of Azerbaijan Republic submitted to the District Authority in the district where the child or the relatives of the child. resides, and then to the Cabinet of Ministers of the Government of Azerbaijan. Once the approval of both governmental organs is received, the case returns to the court for a final decision. The Enabling Environment for Promoting Women’s Rights in Azerbaijan Source: www.immigration.gov. 19 20 Issue Legal Provisions Comments & Implications for Women’s Rights 5. Child custody Article 12 of the Law on the Rights of the Child and also Article 5 There is no separate law on Juvenile Justice Administration, but the of the Law on “Commission on Minors and the Protection of the special sections on juvenile justice in the Criminal Code and Criminal Rights of the Children”: Procedure Code provides favorable grounds for normal functioning of Children are entitled to protection against any type of abuse or the juvenile justice system in country, based on international physical, inhumane, and degrading treatment. Based on Article 133 standards. of the Criminal Code of Azerbaijan, physical abuse or inhumane treatment of children is cause for imprisonment for three to seven years. 6. Property rights Article 152 of the Civil Code: Women and men have equal rights to own and inherit land. During Property rights are the rights of subjects to the ownership, land distribution, each household receives land based on the number possession, and disposal of property recognized and protected by the of adults in the household. As explained by rural families and bankers state. alike, every member of the household is individually named at the land registry. Thus, before property is transferred or used as collateral, Article 32 of the Family Code: all family members must sign the documents. This system seems to Property bought by husband and wife during their marriage is provide women with legally severable property rights. However, it is considered to be their common joint property. not clear whether this is true in practice, or what the impact of marriage—and the fact that a woman moves to her husband’s home— has on these rights. 7. Inheritance Article 36 of the Family Code: rights The division of common property of husband and wife is possible during the marriage or after divorce upon the request of one party. The division of the property is also possible through mutual agreement of spouses with approval of a notary. Disputes over the division of property should be solved by the court. Participation in the Economy 1. Entrepreneur- The Presidential Decree of 1998, "On Strengthening of Women's There is no specific law that stimulates women to enter into ship Role in Society," identified women’s entrepreneurship activity as an entrepreneurship activity. area urgently requiring increased government attention. At the same time, the Presidential Decree established the State Committee on Women are lagging behind in business ownership, except at the micro Women's Issues. According to the Statute of the Committee, one of level. The lack of growth from microenterprises to small and medium The Governance Environment for Women’s Rights in the Southern Caucasus the objectives of the Committee is to involve women in businesses results in lost opportunities for economic growth in entrepreneurship activity. Azerbaijan. The barriers to women’s business development are not fully understood, although the lack of business experience, lack of Article 3 of the National Action Plan approved by the President: capital, family responsibilities, and the negative image of career To adopt new laws and to conduct national enlightenment measures women are among the causes mentioned. to raise awareness of the professional skills of women in areas of economic issues and entrepreneurship. 2. Access to Article 2 of the National Action Plan approved by the President: There is no specific law that gives state guarantees and special credit For developing entrepreneurship among women, and to use state and conditions that could stimulate women’s access to credit. private bank systems, different international assistance foundations Nevertheless, women are considered to be at least as good or a better Issue Legal Provisions Comments & Implications for Women’s Rights provide entrepreneurial women with free-from-guarantee, concession credit risk than men. The agricultural sector is dominated by family able, long-term micro-credits. businesses, and the gender implications are poorly understood. As women are heavily involved in agriculture, there should be ample opportunities to help them add value to their products and develop some small businesses and cooperatives. Labor Laws 1. Right to work Section 9 of the Labor Code. Basic Employee Rights Related to Discrimination against women in hiring and promotion is widely Employment Agreements: reported, especially in the new private sector. In certain categories of Employees shall have the following basic rights relating to work, such as secretarial and administrative, employers prefer young employment agreements: to choose employment at a place of work women—both because it is traditionally a “woman’s job” and low- according to their calling, specialty, and profession; to ask the paying, and because those positions are given with an expectation of employer to amend the terms of the employment contract or to male privilege (including sexual harassment). terminate it; to engage in activity for pay during working hours that is not prohibited by law; to not impede fulfillment of the obligations of parties to an employment contract; to work under conditions that meet safety and health requirements; and to exercise the right to demand such conditions and other basic rights. 2. Equal Article 35 of the Constitution: Private companies are hiring more men and dismissing more women, remuneration Article 35 establishes the right to work in safe and healthy conditions such as those in the oil industry, where nearly 4,000 women have lost and to receive remuneration for work without discrimination at a rate their relatively high-paying jobs. Many of the only job opportunities that is not less than the minimum wage rate established by the state. available to women are undesirable low-paying or temporary jobs under difficult or dangerous working conditions. The recent rise in Section 16 of the Labor Code outlaws discrimination in labor prostitution is seen as a result of the worsening of employment options relations by stating that for women. Lack of economic opportunities also increases the risk of 1. During hiring or a change in or termination of employment, no women being vulnerable to trafficking. discrimination among employees shall be permitted on the basis of citizenship, sex, race, nationality, language, place of Discrimination in employment creates an added risk to families, both residence, economic standing, social origin, age, family in loss or reduction of income as the major breadwinner or second circumstances, religion, political views, affiliation with trade money earner in the family. unions or other public associations, professional standing, beliefs, or other factors unrelated to the professional Source: USAID Azerbaijan, Gender Assessment. qualifications, job performance, or professional skills of the employees, nor shall it be permitted to establish privileges and benefits or directly or indirectly limit rights on the basis of these factors. 2. Concessions, privileges, and additional protection for women, the handicapped, minors, and others in need of social protection shall not be considered discrimination. The Enabling Environment for Promoting Women’s Rights in Azerbaijan 3. Employers or other physical persons that permit the discrimination indicated in Subsection 1 of this Section shall 21 22 Issue Legal Provisions Comments & Implications for Women’s Rights bear the appropriate responsibility in the manner established by the Legislation. A person subject to the discrimination stipulated in Clause 1 of this Section during his employment may seek recourse in a court of law. 2. Pregnancy, Section 240. Specifics of signing of labor contracts with women In Azerbaijani culture, marriage is synonymous with children, and a maternity, and who are pregnant or have children under the age of three: new wife is expected to have the first child within the first year of paternity 1. Refusing to sign a labor contract with a woman who is marriage. In most families, Azerbaijan women still carry the double pregnant or has a child under the age of three is prohibited by burden of family and economic responsibilities (especially food law. This provision shall not apply to cases of refusal to hire cultivation and trading activities). According to sociological reports when employers do not have an appropriate work (position) or and informant interviews, Azerbaijan men rarely take on even the possesses workplaces that do not permit hiring women and smallest share of household work or child-rearing responsibility. involving them in work. 2. If an employer refuses to sign a labor contract with a woman who is pregnant or has a child under the age of three, he must explain to the woman in writing the reason behind this decision. 3. Maternity Section 112. Types of leave: leave 1. Employees shall be entitled to the following types of leave: a) vacation, b) social leave for maternity and child care, c) educational and creative leave for continuing education and pursuing scientific research, and d) unpaid leave. 2. Other types of leave may be specified by the employment contractor’s collective contract. Section 125. Pregnancy, maternal, and child care leave: 1. A woman shall be granted pregnancy and maternity leave of 126 days, starting seventy (70) calendar days prior to childbirth and ending fifty-six (56) calendar days after childbirth. In the event of abnormal or multiple births, women shall be granted The Governance Environment for Women’s Rights in the Southern Caucasus 70 days leave after childbirth. 2. Women working in industry shall be granted the following pregnancy and maternity leave benefits: a) 140 calendar days for normal childbirth (70 days before birth, 70 days after birth), b) 156 calendar days in the event of abnormal birth (70 calendar days before birth, 86 days after birth), and c) 180 calendar days in the event of multiple births (70 days before birth, 110 calendar days after birth). 4. Child care Section 126. Leave for women adopting children: There are no government subsidies for child care problems. Issue Legal Provisions Comments & Implications for Women’s Rights Women who have adopted children under two months of age or who are raising them without adoption shall be entitled to the 56 calendar days of social leave specified for after birth. Section 244. Breaks for feeding of a child: 1. Women workers who have children under one-and-a-half years old shall be given breaks for feeding (breastfeeding) of their children, in addition to their regular lunch and rest breaks. These additional breaks shall be at least 30 minutes and shall be given every 3 hours. If a woman worker has two or more children who are under one-and-a-half years old, the duration of such breaks shall be at least one hour. 2. Breaks given for feeding are considered as work, and the average salary of the worker stays the same. 3. Upon the woman’s request, the feeding breaks can be added up to the regular lunch or rest breaks, or they can be taken at the beginning of or at the end of a workday (shift). If the woman wants to take her feeding breaks at the end of the workday, her workday shall be shortened by the time equal to the total time of the feeding breaks. Section 246. Benefits for employees who have to raise their child without a mother: All the labor-related benefits specified in this section of this law shall also apply to all fathers, foster parents, or legal guardians who have to raise the children alone and without the mother for a particular reason (if the mother of the children has died, has been deprived other motherhood rights, has to be away for therapy in medical institutions, or has to spent time in jail). 4. Prohibited Section 241 of the Labor Code. Jobs and workplaces where This section of the Labor Code establishes the most far-reaching industries women are prohibited from working: “protective” labor provisions for women, which, in certain cases, may 1. Engaging women workers in labor-intensive jobs, in hazardous end up restricting their ability to participate in the labor force and in workplaces, and in underground tunnels, mines, and other certain professions. underground works is prohibited. 2. In underground works involving leadership positions where continuous physical work is not needed; in social work, sanitation, and medical services jobs; or in cases involving going underground and coming up without doing any physical The Enabling Environment for Promoting Women’s Rights in Azerbaijan work, use of women workers is permitted. 3. Engaging women workers beyond the limits specified in this 23 24 Issue Legal Provisions Comments & Implications for Women’s Rights Section for lifting or carrying of heavy items from one place to another is prohibited. 4. Work duties of women workers can include manual lifting and carrying of heavy objects only when their weight is within the limits specified below: a) along with performing other duties, lifting by hand and carrying to another place objects with a total weight of no more than 15 kilograms; b) lifting to a height of more than one-and-a-half meters an object that weighs no more than 10 kilograms; c) lifting by hand and carrying to another place objects that weigh no more than 10 kilograms during the entire workday (work shift); and d) Carrying objects by carts or other vehicles that would require more than 15 kilograms of power to lift. 5. Assigning women workers who are pregnant or have children less than three years of age in the jobs specified in this Section is prohibited. 6. The list of hazardous and labor-intensive jobs, positions, or professions, and underground jobs for which women workers are not eligible is prepared by the related governor’s office. 5. Night Section 242. Limits to calling of women workers for night shift, work/overtime overtime, weekend jobs, or job-related travel: 1. Assigning women workers who are pregnant or have children less than three years of age to work on a night shift, overtime, weekend, a holiday, or a day which is not a workday, or sending them on job-related travel is prohibited. 2. Calling of women workers who have children between the ages of 3 and 14, or have handicapped children up to the age of 16 for work on a night shift, overtime, weekend, a holiday or on a The Governance Environment for Women’s Rights in the Southern Caucasus day which is not a workday, or sending them on job-related travel is permitted only by their written consent. Reproductive Health 1.Reproductive There is no legislation dealing directly with reproductive health. The practice of early marriage is problematic for girls because of health health issues associated with early pregnancy, the loss of educational Article 17 of the Law on Health Protection of Population: opportunities (which often end with marriage), the lack of legal Article 17 addresses the rights of pregnant women and mothers to protections in case of marital problems, and the power imbalance of a health protection, and states that each woman, during the maternity, young woman living in the home of her new in-laws. birth, and after-birth period, should be provided with free specialized medical treatment at the state health care institutions. The practice of cousin marriage is still widespread in Azerbaijan. The Issue Legal Provisions Comments & Implications for Women’s Rights issue of blood-related marriages was even noted by President Aliyev in 1995. Anecdotally, several young working women credited their ability to reject family pressure for a cousin marriage to their living in cities and having good jobs. 2. Contraception There is no legislation directly dealing with contraception. The law on health protection, Article 29 of the Law on Health Protection of Population, addresses telegensis (embryo implantation) and embedding. Article 136 of the Criminal Code addresses illegal telegenesis, embedding, and medical sterilization by stating that telegenesis or embedding a woman or underage girl without her consent is punishable by a fine of up to 1,000 times minimal salary, or correctional labor and other penalties. 3. Abortion Article 30 of the Law on Health Protection of Population. The use of abortion as the common form of birth control is a major Induced abortion: problem and seems to be on the rise. Moreover, population statistics Women can have induced abortions at will up to the 12th week of suggest that the use of sex-selective abortion and male preference in pregnancy. According to social indicators, induced abortion can be health care is a problem. In the 0- to 4-year-old age range, there are conducted through the 22nd week of pregnancy provided it is 10% more boys than girls (38,000 “missing” girls), and the total conducted by qualified physicians in public and nonpublic medical difference for all 0- to 19-year-olds (the age when the numbers institutions. The list of medical and social indications on induced equalize) is 110,000 fewer girls (Azerbaijan State Statistic, 2002). abortion is determined by the appropriate authority. Physicians are prohibited from conducting induced abortions outside of a hospital and other patient care institution. 4. Sterilization Article 31 of the Law on Health Protection of Population. Medical sterilization: Medical sterilization is conducted on the basis of a written appeal by the patient and shall be performed according to medical indications. Persons guilty of illegal medical sterilization bear responsibility as provided by the law. 5. HIV/AIDS The Law Against Spreading of HIV/AIDS, Article 5: Every citizen of Azerbaijan Republic suffering from HIV/AIDS can receive free ambulatory and hospital medical service. Each citizen, foreigner, and person can elect for voluntarily HIV medical exam. Penal Code Provisions on Personal Safety 1. Human Law of the Republic of Azerbaijan on Fight Against Human Note: trafficking Trafficking: 1. In this article “exploitation of person” means forced labor The Enabling Environment for Promoting Women’s Rights in Azerbaijan The law defines human trafficking as involving, obtaining, storing, (service), sexual exploitation, slavery, customs like slavery and 25 26 Issue Legal Provisions Comments & Implications for Women’s Rights concealing, transporting, delivering, or accepting people. Involving, the dependent situation caused by them, illegal extraction of obtaining, storing, concealing, transporting, delivering, or accepting human organs and tissues, illegal biomedical research on children for exploitation purposes shall be considered human people, using women as surrogate mothers, and attraction to this trafficking (even if the means stipulated in this Article were not used illegal and criminal activity. for exploitation purposes). 2. Consent of the victim for his or her exploitation, way of life, or immoral behavior can not be considered extenuating Additional provisions on trafficking are found in the new circumstances for the person accused of trafficking. amendments to the Criminal Code, which establishes penalties for violations: The National Action Plan on Anti-Human Trafficking was approved by the President in 2004. • Article 144-1 establishes a penalty of imprisonment for a period of 5 to 10 years, and expropriation for human trafficking. • 316-1.1. Illegal collection or intentional dissemination of information about a victim of trafficking is punishable by a fine of 100 to 500 conventional monetary units, up to 200 hours of public works, or up to one year of correctional works. • 316-1.2. The same actions committed by anyone accused of abusing his or her authority is punishable by a fine of 500 to 1,000 conventional monetary units, up to one year of correctional works, or up to six months’ imprisonment. • 316-1.3. If the same actions cause serious consequences, they are punishable by one to five years’ imprisonment. 2. Sexual crimes Criminal Code of Azerbaijan Republic. The ineffective work of law-enforcement bodies, a weak system of Article 108. Sexual Abuse: state statistics, the deficient work of social institutions charged with Violence against a person, forced prostitution, forced sterilization, or protecting victims of violence, and a disinclination to conduct public other deeds related to sexual abuse shall be punished by discussion of the facts of violence, especially sexual violence, without imprisonment from 5 to 10 years or for life. In addition, the Criminal negative consequences for its victims, women, and girls, all put Code establishes various penalties for the following sexual crimes: pressure on women and girls to withhold information from law- enforcement bodies. • Article 150: Violence of a Sexual Nature The Governance Environment for Women’s Rights in the Southern Caucasus • Article 151: Force to Sexual Action • Article 152: Sexual Intercourse or Action with a Minor under 16 • Article 171: Involvement of Minors in Prostitution or Bawd • Article 173: Trade in Minors • Article 243: Involvement in Prostitution • Article 244: Brothel Keeping 3. Sexual There is no any legislation directly dealing with sexual harassment. Sexual harassment issues are stipulated by the new draft law on State harassment Guarantees for Equality between men and women, which is expected to be adopted in 2006. Issue Legal Provisions Comments & Implications for Women’s Rights Discrimination against women in hiring and promotion is widely reported, especially in the new private sector. In certain categories of work, such as secretarial and administrative, employers prefer young women—both because it is traditionally a “woman’s job” and low- paying, and because those positions are given with an expectation of male privilege (including sexual harassment). 4. Violence There are no specific laws on violence against women; however, the Legislative, policy, and, most importantly, attitude changes will be against women criminal and administrative codes have general provisions on assault necessary to combat the epidemic of domestic violence in Azerbaijan. and battery. Estimates on the percentage of women who have suffered verbal abuse is 30%; physical abuse from 20 to 38%; and sexual abuse, 10% (85% of which is marital rape) (USAID Reproductive Health report). Policy and Institutional Issues 1. Participation of Decree of the President of the Republic of Azerbaijan of 14 January, The National Plan of Action elaborated on the Beijing Strategies, women 1998, “On establishing of the State Committee for Women's Issues taking into consideration national priorities. The National Plan of of the Republic of Azerbaijan”: The main goals and tasks of the Action covers the following issues: Committee are protecting women’s rights and promoting women’s participation in the social and political life of the country. • women and economics • women and education The Decree of the President of the Republic of Azerbaijan of 6 • women and health March, 2000, “On implementation of the state women policy in the • women and violence Republic of Azerbaijan,” envisages the insurance of equal • women and armed conflicts representation of women and men in all state structures of the • refugee and IDP women Republic; providing for employment of refugee and internally • women and mass media displaced women by preparing relevant state programs; and changing • women and the environment the legislation, taking into account gender aspects. Related to this • the female child Decree is the Decision of the Cabinet of Ministers of the Republic of • participation of women in state structures and in decision making Azerbaijan of 6 March, 2000, “On the National Plan of Action on • developing contacts with international women's organizations women's issues of the Republic of Azerbaijan for 2000–2005.” In June 2000, the Cabinet of Ministers of the Republic of Azerbaijan adopted the National Plan of Action on Women’s Issues for 2000– 2005. This program elaborated on the Beijing Strategies, taking into consideration national priorities. The National Plan of Action includes both the participation of state structures and NGOs. An interagency group was established to implement the provisions of the National Plan of Action. The Enabling Environment for Promoting Women’s Rights in Azerbaijan 27 28 Issue Legal Provisions Comments & Implications for Women’s Rights 2. Enforcement The Presidential Decree on Strengthening the Gender Policy: Gender focal points in state structures: Gender focal points were to of gender- The purposes of this Presidential Decree are as follows: be addressed in all government structures, as well as in the executive sensitive laws power institutions in all regions of Azerbaijan. For the moment, • Arrange the implementation of gender policy in state structures gender focal points act in almost all structures. They were appointed and increase the representation of women in government at the at the expert level, but in some ministries they act at the level of decision-making level. Deputy Minister/Chair or Adviser to the Minister/Chair. • Create gender-disaggregated statistical data. • Arrange legislative review with a view to making appropriate International documents: Since regaining its independence, the amendments and changes to the existing laws and strengthening Republic of Azerbaijan became party to almost all essential the protection of women’s rights. international documents on the protection of women's rights. In • Prepare and implement the program aimed at providing August 1992, the Republic of Azerbaijan signed the UN Convention employment opportunities for women refugees and IDPs. on the Political Rights of Women, and in 1995 became a party to the UN Convention on the Elimination of All Forms of Discrimination The Cabinet of Ministers of the Republic of Azerbaijan was against Women. authorized to provide the implementation of the Decree. State Committee for Women’s Issues: The State Committee for Women’s Issues (which has ministerial status within government) was established by the Decree of the President of the Republic of Azerbaijan dated 14 January, 1998. This is the only government body responsible for implementing and coordinating gender policy in Azerbaijan. The Governance Environment for Women’s Rights in the Southern Caucasus The Institutional Framework returned with the requirement to submit additional documentation. The accession of Azerbaijan to the for the Protection of Women’s Council of Europe in January 2001 was preceded by Rights government commitments to take steps to improve the registration process. However, a new registration The main government institution in Azerbaijan law has not been adopted yet. The law on Public dealing with women’s issues is the State Committee Associations and Funds does not prescribe a for Women’s Issues. The Government of Azerbaijan straightforward mechanism for NGO registration, nor has also initiated the drafting of the Law on State does it define the time frame that the authorities have Guarantees for Equal Rights for Women and Men in to register the NGO. The law on State Registration of 2003. The bill envisages that the Office of the Legal Entities prescribes a 10-day period for the Ombudsmen will be authorized to investigate the registration. The law cites a violation of legal cases pertaining to gender-based discrimination. The procedure as a ground for refusal to register a legal bill has been presented to the Parliament for entity. The law also does not envisage the right to ratification. Civil society organizations in Azerbaijan appeal in case of non-registration of the are the major actors in the area of women’s rights organization. 46 protection and advancement of economic The most common problems that the NGOs opportunities for women. According to government encounter during the process of registration are lack data, 2,935 local NGOs operate in Azerbaijan. The of formal decision, denial decisions based on Ministry of Justice, the body responsible for requirements to submit additional documentation not registering NGOs, has registered 1,769 of them, while otherwise specified in the legislation, exceeding the the remaining 962 NGOs exist without registration. 43 deadlines for registration or refusal to register, additional criteria applied, unclear internal procedures Creating an enabling of the authorized registration body, and non- Environment for Civil Society availability of public information about NGO registration. 47 The law shall provide for simplified Organizations procedures for registration, as well as enable the The Constitution of Azerbaijan provides and organizations to appeal government decisions. The guarantees the right of assembly (Article 49). The complicated registration process creates a corruption- legislation of Azerbaijan provides for the two legal– prone environment not only in the government but organizational types of NGOs: foundations and public also in the NGO sector, as the registered NGOs allow organizations: the non-registered ones to use their registration status A foundation is a non-membership NGO that to apply for grants in exchange for financial is founded by several individuals and/or legal compensation. 48 entities on the basis of voluntary property The Law on NGOs allows the CSOs to carry out shares, and is aimed at social, charitable, any type of activity that is not prohibited by law and cultural, educational, and other public does not contradict objectives in the organization’s activities. 44 charter. A contentious issue relates to work in public A public organization is a voluntary, self- policy activities, which are often seen as political governed NGO that does not pursue and activity. The Law on NGOs states that NGOs may not distribute generated profit among its participate in presidential elections, parliamentary members, and which is created upon elections, and elections of municipal bodies, or initiative of several individuals and/or legal provide political parties with financial and other kinds entities having common interests. 45 of assistance. NGOs may participate in advocacy to The Law on State Registration of Legal Entities improve law and regulation. However, the risk of requires NGOs to register to undertake basic activities being seen as political within legal activities, but the law is widely viewed as vague and proscriptions limits some NGO activities. Economic confusing. It is administered by the Ministry of activities by NGOs are permitted if profits are used Justice. Registration is a key challenge for NGOs in only for NGO purposes. However, commercial Azerbaijan, as applications are often rejected or revenue is generally taxed. The Enabling Environment for Promoting Women’s Rights in Azerbaijan 29 The Tax Code provides an exemption from tax law is ambiguous. Amendments effective January 1, for income of charitable organizations, other than 2003 significantly increased NGO costs by requiring income from entrepreneurial activities, but does not contributions not previously required to the State provide benefits related to other types of taxes or for Social Security Fund (29 percent). In addition the contributors. The Law on Grants permits foreign NGOs are required to register each grant that they funding and exempts grants from taxation, with the receive with the authorized executive body. exception of income taxes on staff salaries, but the 30 The Governance Environment for Women’s Rights in the Southern Caucasus 4 The Enabling Environment for Promoting Women’s Rights in Georgia Human Capital Dimensions of (17 percent compared with 13 percent for women in 2002). 50 Forty percent of rural women work unpaid in Gender Equality family-based enterprises. 51 According to USAID, Georgia has achieved gender parity in female women earn about 41 percent of men’s salary. A secondary enrollment (see Table 7). However, early reduction in the number of preschool institutions and marriage leads to lower school completion for girls. disintegration of the system of out-of-school While health indicators are improving, new institutions for children played a role in reducing challenges are emerging, including the rapid rise in women’s participation in full-time employment. communicable diseases such as tuberculosis and HIV/AIDS. 49 Table 8. Indicators of Access to Economic and Productive Resources: Georgia Table 7. Indicators of Human Capital Development: Georgia Access to economic and productive resources dimension for Georgia Human capital development dimension for Female-to-male labor-force participation Georgia 0.84 ratio (2003) Access to education Annual growth rate of the female-to-male Ratio of female-to-male enrollment in secondary labor-force participation (1990–2003) 0.47 education (2002) 1.01 Annual growth rate of the female-to-male ratio in Source: World Bank. education (1999–2002) 0.18 Boy–girl gap in primary completion rate (2003) 0.0 Status and Protection under Access to reproductive and health services the Law: The Legal Framework Percentage of births attended by skilled health staff (2000) 96.4 for Gender Equality Contraceptive prevalence rate (2000) 40.5 Georgian legislation concerning women’s legal rights Adolescent (15–19) fertility rate (2000–05) 33.2 consists of the Constitution; Organic Law; the Penal, Civil, Labor, and Unified Electoral Codes; and other Source: World Bank. legislative acts and international law instruments. Georgia signed and ratified CEDAW in 1994. Table 9 presents the legal dimensions of gender equality in Access to Economic and Georgia. Productive Resources Female labor-force participation was lower than for males (Table 8), but unemployment is higher for men 31 32 Table 9. Legal Dimensions of Gender Equality in Georgia Issue Legal Provisions Comments & Implications for Women’s Rights Constitutional Law 1.Equality before Article 14 of the Constitution guarantees equality before the law There is no specific legislation or policy statements that law regardless of race; color; language; sex; religious, political, and other define discrimination against women or that regulate the opinions; national, ethnic, and social belonging; origin; property and conduct of official or private institutions in the public or title; and place of residence. domestic spheres. Article 6 of the Organic Law on Courts of General Jurisdiction There has been limited data gathering on promotion and stipulates equality before the law in judicial proceedings and in the protection of rights of women partly because there are no administration of justice. units within the State Departments of Statistics dealing with the desegregation of official data on the basis of sex. Article 142 of the Penal Code sets a penalty of 12 months correctional labor or 24 months imprisonment for material infringement of human rights on the basis of sex; religion; denomination; political or other beliefs; national, ethnic, or social group; social affiliation; origin; and place and circumstances of birth or property. 2. Right to Article 35 of the Constitution guarantees the right to receive education Enforcement of the right to education remains weak, education and the right to free choice of a form of education. especially among rural populations and ethnic minorities. 3. Right to health Article 37 of the Constitution guarantees the right to accessible Enforcement of these provisions remains weak, as is indicated medical care through health insurance. Free medical care is provided in by lower health indicators for women as compared to men. accordance with a procedure proscribed by law. The 1997 Law on Health Care emphasizes the principles of the state policy to include universal and equal access to medical care within the framework of state-funded medical programs; and to assure the protection of human rights and freedoms in the field of health care, as well as the recognition of the patient's dignity, honor, and autonomy. The law prohibits any discrimination against a patient on the basis of race, color, sex, religious convictions, political and other views, ethnic The Governance Environment for Women’s Rights in the Southern Caucasus or social origin, economic condition or status, place of residence, disease, sexual orientation, or negative personal attitudes. Access is based on statistical evidence that women live longer—five to six years more than men. Issue Legal Provisions Comments & Implications for Women’s Rights 4. Right to Article 30 of the Constitution states that the protection of labor rights; The number of women working in the informal economy, employment fair remuneration; safe, healthy working conditions; and the working where formal constitutional protections can be enjoyed, is conditions of minors and women shall be determined by law. high. According to the CEDAW Assessment Tool for Georgia, 40% of rural women work without remuneration in Article 32 obligates the state to provide for employment opportunities family-based enterprises. 52 for the unemployed population. Nationality and Citizenship 1.Civil status/right Article 14 of the law on “The Procedure of Registration and Issuance There are no reported cases of gender-based discrimination to passport of Identity Cards for Citizens of Georgia and Foreign Subjects” (the with regard to obtaining a passport or being deprived of the Law on Citizenship hereafter) guarantees the right to hold an identity civil status. card (passport) for every Georgian citizen of at least 16 years old. 2. Nationality Article 12 of the Constitution stipulates that Georgian citizenship shall The Act does not contain any additional gender-based be acquired by birth and naturalization. conditions, restrictions, or requirements. Georgian citizenship is granted to any person who concludes marriage with a Article 4 of the Law on Citizenship declares that Georgian citizens Georgian citizen, provided that the person has lived in are equal before the law regardless of their origin, social or property Georgia for at least three years and is familiar with Georgian status, race or ethnic origin, sex, education, language, religion or language and history. political beliefs, place of residence, activity, or other circumstances. 3. Right to vote Article 28 of the Constitution stipulates that every citizen of Georgia Women voters are equally active both in urban and in rural who has attained the age of 18 shall have the right to participate in areas and have no impediments to exercising their voting referenda or elections of state and self-government bodies. Free rights. expression of the will of electors shall be guaranteed. Article 4 of the Unified Electoral Code specifies that elections in Georgia shall be held on the basis of universal, equal, and direct suffrage, and by secret vote, and Article 5 guarantees active electoral rights to every citizen of Georgia age 18 and older. 4. Eligibility to run Article 29 of the Constitution guarantees to every citizen of Georgia Recent statistics pertaining to women’s participation in public for elected office the right to hold any state office if he or she meets the requirements life, elected office, and decision-making positions are covered established by legislation. in greater detail in the section below under “Policy and Institutional Issues.” Article 80 of the Unified Electoral Code guarantees the right to run for the presidential election to every citizen aged over 35 years, subject to a residency requirement of at least 15 years. Article 92 specifies that any citizen of Georgia over 25 years of age who has permanently resided in Georgia for at least 10 years and knows the Georgian The Enabling Environment for Promoting Women’s Rights in Georgia language, enjoys the right to a passive vote, and may be elected a member of the parliament. 33 34 Issue Legal Provisions Comments & Implications for Women’s Rights Article 2 of the Organic Law on Local Self-Governance states that Georgian citizens enjoy the right to elect and be elected in local self- governance bodies regardless of race, color, language, sex, religion, political and other beliefs, national ethnic and social affiliations, origin, property and social status, and place of residence. 5. Nationality of A child born of parents who are Georgian citizens is guaranteed Children may acquire the citizenship of either parent. children Georgian citizenship (Law on Citizenship, Article 11). A child can also acquire Georgian citizenship if one of the parents is a Georgian citizen regardless of that parent’s gender (Law on Citizenship, Article 18). Personal Status 1. Legal age for Article 1108 of the Civil Code stipulates the legal age of marriage to While the average age for marriage is 25, there are still cases marriage be 18 years. Clause 2 of the same article specifies that in exceptional of arranged marriages, especially in the rural areas, of people cases, marriage is allowed at the age of 16 years, subject to the who are younger than the legal marriage age. preliminary consent of the parents or other statutory representatives. If the parents or other statutory representatives refuse consent, a court, on the petition of the prospective spouses, may grant the permission, provided there are legitimate reasons thereof. 2. Legal consent Article 36 of the Constitution states that marriage shall be based upon Abduction for the purpose of marriage was traditionally for marriage equality of rights and free will of spouses. accepted in Georgia, but such cases are very rare at present. There are cases of polygamy. Article 1153 of the Civil Code prohibits discrimination when entering into a marriage and in domestic relations on the basis of origin, social and property status, racial and ethnic background, sex, education, language, attitude toward religion, kind and nature of activities, place of residence, and other factors. Article 134 of the Penal Code punishes kidnapping for marriage by The Governance Environment for Women’s Rights in the Southern Caucasus up to three years imprisonment or up to one year of correctional labor. Marriage by force is considered voided by the court upon application of one (or both) spouses. Article 231 prohibits the practice of polygamy and sets a punishment of up to one year imprisonment or correctional labor. 3. Divorce Article 1123 of the Civil Code specifies that during a wife’s Despite these provisions, Georgian traditions that place high pregnancy, and within one year of the birth of the child, the husband value on family ties, and women’s general lack of knowledge has no right to petition for divorce without consent of the wife. concerning their legal rights and entitlements under the family Issue Legal Provisions Comments & Implications for Women’s Rights Divorce may be granted in the absence of one of the spouses, provided law sometimes pose impediments to their ability to effectively he or she has a legitimate reason for nonappearance (Article 1124). take advantage of these rights. Concurrent to issuing the decree of termination of marriage, the court Enforcement of the court verdicts concerning spousal alimony can determine the amount of spousal support (Article 1129) as well as and custody remains weak. decide upon the division of communal property (Article 1130). Article 1133 grants the right to restore either spouse’s premarital name. 4. Adoption Article 1239 of the Civil Code provides that adoption shall be allowed only for the welfare and interests of a minor child, when it is expected that the relationship of parent and child will be created between the adoptive parent and the adoptee. Consent of both parents is required for adoption purposes (except when the child is born out of wedlock, in which case the mother’s consent only is sufficient). 5. Child custody Article 1128 of the Civil Code stipulates that if the spouses do not In child custody disputes, women have been treated more agree on the place of residence of the children and the expenses for favorably. The enforcement of the court decisions concerning child support, the court shall be bound to determine which parent shall child support is often insufficient where fathers abandon their be awarded the custody of which child, as well as which parent shall be families or leave the country in search of job opportunities. ordered to provide the child support and the amount thereof. 6. Property rights Article 21 of the Constitution guarantees the right to property and Women can own land, residential or commercial real estate, inheritance to all persons on an equal basis. cars, and other property and, according to Georgian legislation, women and men are equal before the law with Article 1159 of the Civil Code specifies that spouses shall have equal regard to property. rights to communal property. Possession, use, and disposition of this property shall be exercised by mutual agreement of the spouses. 7. Inheritance There are no discriminative provisions in the Civil Code of Georgia Often, the customary law takes precedence, whereby boys are rights dealing with inheritance issues. Women as family members and heirs awarded a more preferential inheritance regime. enjoy similar rights and possibilities as men. Participation in the Economy 1. Entrepreneurship The Law on Entrepreneurship is gender-neutral; that is, the law does Women’s representation in small businesses (for example, not have specific provisions concerning women’s entrepreneurial shops, restaurants, and hotels) is similar to men’s, but women activities. Nor does the law contain provisions aimed at facilitating are less well represented in larger enterprises. Out of 341 and/or stimulating entrepreneurial activities of women. small businesses in the agricultural and food processing industries, 57 are owned by women. Women make up 48% of banking sector employees and earn 92% of the average The Enabling Environment for Promoting Women’s Rights in Georgia salary. 53 35 36 Issue Legal Provisions Comments & Implications for Women’s Rights 2. Access to credit Georgian legislation does not have special provisions concerning Women have the right to independently apply for, and receive women’s access to credit. financial resources (credit, loans). Labor Laws 1.Right to work Article 7 of the Law on Employment guarantees the right to work for According to the state Department of Statistics, in 2002 every citizen of Georgia regardless of race, ethnic origin, sex, religious women accounted for 47.7% of the labor force. 35.9% of the convictions, political beliefs, or property status. Article 7 also total female employed population above 15 years of age is guarantees social protection of unemployed persons. contractually employed and 64% are self-employed. Most self-employed women work on family farms or business for no remuneration. 2. Equal Labor is remunerated in accordance with the procedure and conditions According to the state Department of Statistics, average remuneration established by labor legislation. In this regard, all forms of wages of female employees in state-owned industries amount discrimination, including discrimination on the grounds of sex, are to 55.1% of wages of male employees; in public institutions, prohibited. 46%; in agriculture, 82.5%; in trade, 71.2%; in education, 72.6%; in healthcare, 71.8%; in consumer services, 51.7%; and in self employment, 69.9%. Women usually obtain lower positions and are not promoted as often as men are. Women’s remuneration is usually lower than that of men. 2. Pregnancy, Women who have been employed in a job for at least one year are maternity and granted, at their request, leave with partial pay to care for a child up to paternity 18 months of age. Working women with less than one year of service receive allowances amounting to half of their salary. The father or other relatives who actually take care of the child may avail themselves, in full or in part, to a leave with partial pay and additional unpaid leave to care for a child. Under the Labour Code, an employee may be granted, at his or her request, short-term leave without pay to attend to family matters, which includes caring for a sick child or other family members. The Governance Environment for Women’s Rights in the Southern Caucasus 3. Maternity leave Article 161 of the Labor Code prohibits the dismissal of pregnant women and women with children up to three years of age, and single mothers with children of up to 14 years of age (or a disabled child up to 16 years of age). The Labor Code provides for the following types of maternity leaves: 70 calendar days before childbirth and 56 calendar days after childbirth; leave for women who adopt newborn children; infant-feeding breaks; and additional leave without pay for mothers with children up three years of age. Issue Legal Provisions Comments & Implications for Women’s Rights 4.Childcare Article 158 of the Labor Code allows reassignment of pregnant women and women with children up to the age of 18 months to lighter work. 4. Prohibited The use of female labor in jobs with unhealthy or hazardous conditions Women often work under substandard labor conditions with industries and jobs involving the lifting of weights that exceed the physiological no benefits and guarantees. The Georgian legislation does not norm, as well as other hazardous occupations is prohibited. have provisions concerning workmen’s compensation, and the institutions concerning these matters do not exist in Georgia. 5. Night Article 157 of the Labor Code imposes restrictions on night work, The Labor Code proscribes many types of activities for work/overtime overtime, and business travel for women. women. The overly protective nature of these provisions may potentially limit women’s participation in the labor market. 6. Retirement and From the age of 60, women who have worked for at least 20 years The Draft Labor Code introduced provisions attempting to pension have the right to retirement pension. Disability pensions and pensions make uniform retirement age of men and women (65 years for the loss of a breadwinner are granted in cases where the disability old). These amendments caused serious protests in the or death of the breadwinner was caused by a work-related injury or Georgian society. The prospects for the adoption of the Draft illness, or a general illness or physical injury not related to work. Labor Code are questionable. 7. Social security Georgia’s social security system provides for entitlements to workers These provisions for entitlements concerning social security and other benefits in accordance with procedures established by law. are gender neutral. 8. Income tax According to Article 168 of the Tax Code favorable treatment for The gender-specific provisions of the income tax legislation personal income tax is granted to the following groups of individuals: seem to favor women. For example, the legislation does not envisage any concessions for a single father. a) persons awarded the honorary title of “Mother of Georgia” b) single mothers c) persons who adopted a child, within one year from adoption d) a person who has obtained a guardianship for upbringing a child Reproductive Health 1.Reproductive Article 141 of the Law on Health Care provides for the right of Many health care services and facilities are inaccessible for health artificial insemination. Article 143 allows in vitro fertilization. women, especially in rural areas. 2. Contraception Article 136 of the Law on Health Care specifies that all citizens of In 1997, the President issued a decree “On the Georgia shall have the right to determine independently the number of Implementation of Measures for Strengthening Human their children and the spacing between births. The state shall assure the Rights” that emphasized modern methods of contraception, observance of human rights in the field of procreation. Furthermore, in improving women’s reproductive health, and an aggressive accordance with Article 137, the state shall provide medical and educational campaign against abortion. Enforcement of this genetic counselling, on a free and voluntary basis, for couples Decree and other provisions remains weak, as Georgia has the The Enabling Environment for Promoting Women’s Rights in Georgia preparing for marriage or who wish to have a child. highest abortion rates among former Soviet Union countries. 3. Abortion According to Article 129 of the Law on Health Care voluntary Abortion is legal, remains the main form of birth control in 37 38 Issue Legal Provisions Comments & Implications for Women’s Rights pregnancy termination may only be practiced by a licensed physician, Georgia, and is the highest in the world. In 1999 the official in an approved health establishment. Performing an illegal abortion is general abortion rate is 18, while the survey rate is 125 per punished by imprisonment for a period of up to five years. If a 1,000 women of reproductive age (in rural and urban areas). 54 physician performs an illegal abortion, he/she loses the right to practice Abortion is not funded by the state. There is no fixed fee for for a period of up to five years. abortion and the prices vary from 25 to 40 GLE (USD 12.50- 20) depending on whether the clinic is state or private. 4. Sterilization Article 139 of the Law on Health Care states that the protection of There are no cases of forced sterilization reported. women's health through the reduction of the number of abortions shall Sterilization is not popular as a form of family planning or be a priority task for the State. birth control and is performed in rare cases only and due to medical conditions. 5. HIV/AIDS The main focus of Georgia’s state program for combating AIDS is on prevention. The Public Health Care Department and the National Centre on AIDS and Clinical Immunology are implementing this program. The AIDS/HIV rate has risen rapidly: 232 cases were reported in 2001, although the actual number is thought to be about 2,000 cases. 55 According to the U.S. State Department, in 2002 48 women and 252 men were infected. Penal Code Provisions on Personal Safety 1. Human Article 17 of the Constitution prohibits torture, inhumane, brutal, or Women comprise 56% of irregular, illegal migration and trafficking degrading treatment or punishment. approximately 87% of the victims of trafficking. Greece, the United States, and Turkey are the primary destination Article 18 of the Constitution declares that the freedom of a person is countries. Georgia is also a transit country for trafficked inviolable. persons from Russia, Ukraine, and Armenia on their way to Article 1431 of the Penal Code sets prison terms for buying, selling, Turkey. 56 On October 19, 2005, Georgia signed the Council or making other illicit transaction in relation to a human being as well of Europe Convention on Action against Trafficking in as recruitment, transfer, harboring, or receipt by means of coercion, Human Beings. The Parliament has not ratified the The Governance Environment for Women’s Rights in the Southern Caucasus blackmail, or deception, for the purpose of exploitation. Other Convention yet. provisions set penalties for actions committed by an organized group In December of 2005, a new Plan of Action was adopted by that result in the death of a victim or are committed in relation to a Presidential Decree that established an ad hoc Interagency minor. Commission against Trafficking under the auspices of the National Security Council (NSC). The human rights unit of the NSC is the government-wide antitrafficking focal point. In 2005, the Ministry of Internal Affairs and trafficking unit was reestablished with two branches, one in Tbilisi and one in Batumi. The Department of Special Operations on Trafficking Issue Legal Provisions Comments & Implications for Women’s Rights and Illegal Migration with a staff of 50 is under reorganization within the new Ministry of Police and Public Safety. 2. Sexual crimes Article 137 of the Penal Code defines rape as sexual intercourse by Due to the traditional nature of the Georgian society, many force, threat of force, or by taking advantage of the victim’s cases of rape usually go unreported. There are no mechanisms helplessness. It is punishable by imprisonment of three to seven years. and institutions for the protection of the victim rights; victims If the rape is committed repeatedly and/or under aggravating of rape are usually stigmatized by the society. The police and circumstances, it is punishable by imprisonment of 5 to 10 years. prosecutor’s offices lack specialized departments as well as training concerning rape and other sexual crimes. Rape is punishable by imprisonment of 5 to 15 years if it is committed by a group of persons under aggravating circumstances in relation to a “Marital rape” is not acknowledged in Georgian legislation. pregnant woman, or inflicted death on a victim. Article 137 of the Penal Code allows for a rather broad definition of rape which includes “marital rape.” The rape of a minor is punishable by imprisonment of 10 to 20 years. There are no legal provisions concerning incest. Article 138 establishes a penalty for forcing a person to engage in violent acts of sexual nature. The Penal Code criminalizes both hetero- and homosexual intercourse with a person less than 16 years of age. (Article 140), and performing lecherous sexual acts with a person under 16 years of age (Article 141). 3. Sexual There are no provisions in Georgian legislation concerning sexual Sexual harassment and violence against women in the harassment harassment. workplace often is not reported. 4. Violence against No specific provisions specifically relate to violence against women. There are no laws that specifically criminalize spousal abuse women or violence against women. Often, the cases of spousal abuse Provisions in Articles 117 and 118 of the Penal Code relating to go unreported or unpunished because of societal taboos general acts against health and life of person are applicable in cases of precluding women from publicly disclosing family matters. domestic violence. Public opinion is against interfering in cases of physical violence in the family and takes the view that it is the family’s responsibility to resolve such matters. Women are reluctant to leave humiliating and abusive relationships for many reasons. Society’s negative attitude towards divorced women, economic dependence, and the lack of protection are all determining factors in making their decision. Policy and Institutional Issues The Enabling Environment for Promoting Women’s Rights in Georgia 1. Participation of Georgian legislation contains no specific provisions aimed at Women’s representation in the 2004 Parliament increased women facilitating women’s political participation. The provisions of the from 7.2% to 9.5%. The speaker of the Georgian Parliament 39 40 Issue Legal Provisions Comments & Implications for Women’s Rights Constitution, Unified Electoral Code, and Organic Law apply. is a woman. The majority faction in the Parliament is chaired by a woman as well, and 2 out of 13 parliamentary committees are chaired by women. In the 2005 3 out of the 17 cabinet members were women compared with 2 women in the previous government (11%). Women are less visible in important decision-making positions. According to 2005 data, local government bodies have only 12.2% of women in local government bodies. There are no female city-mayors and women constitute 7% of heads of local government and self-government bodies. Women make up 55.8% of the government Chancellery staff, 9.5% of the parliamentarians, and 60.8% of parliamentary staff. Women are very active in CSOs. Prior to the Beijing conference, there were 34 women’s NGOs in Georgia; the number now exceeds 180. At the university level, women represent 45% of the faculty. There are three female and 36 male rectors of higher educational institutions, 14 female and 66 male vice rectors, and 58 female and 218 male deans or deputy deans. Out of 120 scientific research institutes, where women account for 60% of the staff; only two institutes have women directors. There are 132 female judges, comprising 38.2% of all judges, but no woman has ever chaired the Supreme Court. 2. Enforcement There are no specific provisions on institutional mechanisms. Enforcement of gender-sensitive laws remains weak. The Governance Environment for Women’s Rights in the Southern Caucasus The Institutional Framework A foundation is a legal entity in which one or more founders transfers a special property to for Protection of Women’s the ownership of an independent subject Rights having no membership, for the accomplishment of a useful, common, and Since acceding to the Beijing Platform of Action, and public purpose. 60 subsequently CEDAW, several institutional A union is a legal entity in which a number of mechanisms have been established within the persons set a common goal, and its existence executive branch to address women’s rights and to is independent from changes in its promote their empowerment. In 1998, the President membership. At least five founding members created the National Commission on the Improvement shall be required to constitute a union. 61 of the Status of Women within Georgia’s National A union shall be subject to registration by a Security Council. The Commission consists of 27 court, and a foundation shall be subject to registration high-level members, including ministers, deputy by the Ministry of Justice. An application and charter ministers, and representatives from local and signed by all founders and all members of the international NGOs and the media. 57 governing board are necessary for registration. The A Parliamentary Advisory Council concerning materials necessary for registration of a union shall be gender equality was established in Georgia, with the filed with the court having jurisdiction over the participation of the members of Parliament and NGO location of the residence of the union. The court shall community. The National Action Plan on Gender decide on the registration within one month from the Equality was drafted. However, the implementation day of filing of the application. If within this term no of the plan is insufficient owing to the lack of decision is made, the registration shall be deemed resources. NGOs in Georgia work closely with the effective. The same rule applies when the registration government and international organizations and donor is to be carried out by the Ministry of Justice. The community in the area of gender equality. According court’s refusal to register a union must be grounded to the data in 2002 there were 2,800 NGOs registered and provide for the possibility of appeal. The appeal in Georgia with active NGOs comprising about 20 against the refusal may be filed with a court. 62 percent. The number of NGOs working in the area of The provisions regulating the purpose and gender and women’s rights was around 70. 58 activities of not-for-profit organizations in Georgia can be found in Article 30 of the Civil Code. This Creating an Enabling article defines an association as being a “legal person Environment for Civil Society in whom a number of persons set a common object” and a foundation as being a legal entity established Organizations for an “accomplishment of useful, common and The Georgian Constitution guarantees the right to public object.” freedom of association in Article 26, specifying that An association can serve both a private (mutual) every individual has the right to create and join any and a public benefit purpose. According to Article 46 association, including trade unions. This right can be of the Civil Code, foundations too may have private restricted, however, if the association’s goal is to purposes. This article states that “the objective of a overthrow or change the constitutional order of foundation may be the support of certain persons or Georgia by force, violate the independence of the specifically defined groups of persons.” According to country and the country’s territorial integrity, Georgian legislation there is no distinction between advocate war and violence, or attempt to induce public benefit and mutual benefit organizations. ethnic, racial, social, and national unrest. 59 The Georgian organic law “On Ceasing and Prohibition of legislation provides for two types of NGOs: Public Association Activity” proscribes procedures of foundation and union. suspending and terminating NGO activity. The The Enabling Environment for Promoting Women’s Rights in Georgia 41 termination of NGO activity shall be carried out charitable activity purposes. These organizations are exclusively by the courts. The court can cease the exempt from profit taxes, unless the profits come operation of the noncommercial legal entity for up to from economic activities. Economic activities include three months period if the legal entity began profits from investments and dividends on shares of entrepreneurial activity. stock in a company. Moreover, certain incomes are According to the Georgian tax legislation, specifically exempt from profit tax, such as grants, charitable organizations are defined as membership fees, and donations. 63 nonentrepreneurial organizations established for 42 The Governance Environment for Women’s Rights in the Southern Caucasus 5 Key Issues of Women’s Equality Addressed by Women’s NGOs The Declaration and Platform for Action adopted Armenia. Women have limited access to credit and during the 4th World Conference on Women held in lack information concerning running a business and Beijing in 1995, as well as the Millennium networking with other entrepreneurs, which impedes Development Goals, provided an impetus for the their participation in labor force. The quantitative development of women’s NGOs and helped set the characteristics of these issues are presented in the first agenda for these organizations. The follow-up chapter of this report. conferences, Beijing +5 and Beijing +10 reiterated the importance of the realization of the Platform of Action. The NGOs in Armenia, Azerbaijan, and Advocacy on Women’s Rights Georgia work on the following issues concerning and Participation women’s equality. Women’s political participation as evidenced by the number of seats in Parliament held by women, and Human Development Issues the number of women in high positions of executive, judicial, and local/regional branches of government is The declines in social sector public expenditures very low. Women’s participation in community life is during the 1990s had a negative impact on women, also lower. Table 10 shows the percentage of especially because of declines in services for maternal women’s participation in the public sector in all three and child health. Literacy and school enrollment countries of the region. In contrast, women’s remain high, although enrollment levels in secondary participation in NGOs is relatively high. and higher education have declined for boys in Armenia and Georgia and girls in Azerbaijan. Table 10. Women’s Political Participation in the Women’s reproductive health is a major problem, Southern Caucasus with very high abortion rates, especially for girls 16 to 26 years of age. % of women Armenia Azerbaijan Georgia Legislature 4.1 11.5 9.5 Access to Labor Markets and Executive branch 5 2.5 17.6 Productive Resources Local government 3.4 4.1 12.2 Women’s employment remains concentrated in low- paying sectors, such as education, health care and Judiciary 18 14 38.2 agriculture; women’s average level of income is still Source: National Statistical Service of Armenia, Georgia, lower than that of men. The incidences of Azerbaijan. unemployment among women are especially high in n.a.: Not available. 43 In all three countries, legislation guarantees conditions for minimal pay. There is a lack of a equal rights irrespective of gender; however, the comprehensive approach to dealing with the issues of provisions pertaining to gender-based discrimination prevention, rehabilitation, and reintegration of the and affirmative actions are not sufficiently victims of trafficking. Several NGOs run shelters for substantiated in respective legislations. Lack of the victims of trafficking in the region. enforcement of rules and weak institutional arrangements impede the implementation of the IDPs existing legislation. In addition, laws—even Women comprise the majority of the IDPs. Male regulations related to domestic violence or human IDPs usually out-migrate, leaving women with the trafficking—are often not gender sensitive. Besides, daunting task of caring for their households single- in rural areas, customary laws are normally applied handedly. IDPs live in overcrowded state-owned instead of formal laws. Women are often unaware of collective centers that lack minimal standards in terms their legal rights. Therefore, even though basic legal of hygiene, infrastructure, clothing, and medical principles state equality between men and women, supplies. Additionally, war and conflict have changed women often end up with diminished rights, for the economic roles of women. Women IDPs were example with regard to property title, divorce, and usually fully employed before the war, often as alimony procedures. Insufficient allocation of trained professionals (such as teachers, health financial resources and lack of commitment impede professionals, and economists). Now, women IDPs compliance with and enforcement of CEDAW. are breadwinners in informal trade and agriculture. Several NGOs of the region work on drafting There is a lack of training and skill-development textbooks for schools and the institutions of higher programs for the IDPs. education to incorporate women’s rights in their curricula. Violence against Women Pressing Social Issues The cases of violence against women often go unreported due to the traditional norms, according to Migration and trafficking which family affairs are private and, therefore, should not be a subject of public discourse. Women who are Women are the majority of persons being trafficked victims of violence often are not aware of their rights. from all three countries. The victims of trafficking in The law-enforcement bodies lack training and the majority of cases end up in forced sexual mechanisms to detect and to combat violence against exploitation. There is also a male aspect of trafficking women. There is no comprehensive legislation in human beings, as economic conditions often force concerning domestic violence and trafficking. males to migrate and often times work in substandard 44 The Governance Environment for Women’s Rights in the Southern Caucasus 6 Conclusions and Recommendations This review of the enabling policy and governance the executive and local branches of environment to promote women’s economic government and in the legislature and advancement and protect their rights reveals findings judiciary, remains low. In contrast, women’s in five main categories. Each category has significant participation in nongovernmental policy implications for national policy makers and, organizations is increasing. because of their implications for overall economic 4. Women’s access to productive resources development, for international development partners and labor markets: Women’s economic as well. These findings and implications are outlined participation is visible in small businesses, below: especially in the small-scale trade and 1. Legal frameworks: All three countries have services sectors. These sectors have adopted legal frameworks guaranteeing substantially lower remuneration than in equal rights to women and men (de jure). other sectors, which may explain the However, women often have fewer significant gender wage disparities that exist protections in reality (de facto) due to the in all three countries. weak enforcement mechanisms and lower 5. CSOs play a major role in the area of levels of legal literacy among women. The gender equality in the region: Women’s existing gender disparities negatively affect civic participation in CSOs in the region is women’s access to decision-making high. However, coalition-building efforts processes, productive resources, and to labor among the women’s rights and other CSOs markets. are weak. 2. Institutional arrangements: Institutional These findings raise the need for more arrangements are limited in all three comprehensive and targeted initiatives to raise public countries because of a lack of a clear awareness, provide legal literacy of women and men, institutional structures authorized to address and strengthen networks of women’s organizations to a comprehensive range of gender issues to enable women to play more informed leadership roles enhance opportunities for women and men. to promote their economic empowerment. They also There is also limited institutional capacity to highlight the need to encourage collaborative efforts promote the development, implementation, among CSOs and women’s rights NGOs to engage and coordination of gender policies of the more effectively, not only in the areas that are respective countries. considered to be “women’s interests” (such as 3. Women’s participation in decision- domestic violence, reproductive health, and human making: Women’s participation in decision- trafficking), but also in public policy, constitutional making, as measured by representation in changes, and overall economic policies to promote 45 equitable growth. These policy implications go of Ombudsmen in the region with the enforcement of beyond building capacity of women’s groups; they women’s rights. Key partners in these processes include mainstreaming gender issues in major include the international development organizations national development policies, and efforts such as working in the region, including the EU, OSCE, OSI, those designed to assist the newly established offices UNDP, UNIFEM, and USAID. 46 The Governance Environment for Women’s Rights in the Southern Caucasus Annex 1 List of Participants: Videoconference Dialogue Series Armenia NO. FIRST NAME, LAST NAME POSITION/ORGANIZATION CONTACT INFORMATION GOVERNMENT 1 Artsvik Minasyan Deputy Minister, RA Ministry of 587672 Labor and Social Issues 3 Government Building St. 2 Artsrun Aghajanyan Deputy Minister, RA Ministry of 585594 Labor and Social Issues 3 Government Building St. NGO 3 Eduard Grigoryan Women’s Rights Center, NGO 583618, 542828 wrcarm@arminco.com 4 Zara Shahinyan Women’s Rights Center, NGO 583618, 542828 wrcarm@arminco.com 5 Nora Hakobyan Head of Women’s Republican 534506, 538591, 532781 Council Fax: 538591 nora@arminco.com 6 Karen Zadoyan Head of Armenian Young 540199 Lawyers Association ayla@ayla.am or pr@ayla.am 7 Hasmik Gevorgyan Head of Trust Fund 538015 vstarm@arminco.com 8 Gayane Armaghanova Vice President, Women with 582752, 581942 University Education medic@xar.am 9 Lilit Avetisyan Women’s Forum 589936, 581381, 09411097 womensfor@yahoo.com 10 Lara Aharonyan Women of Armenia Resource 552215 47 NO. FIRST NAME, LAST NAME POSITION/ORGANIZATION CONTACT INFORMATION Center info@armenianwomen.am 11 Gohar Shahnazaryan Women of Armenia Resource 552215, 093 244209 Center G_shahnazaryan@yahoo.com INDEPENDENT EXPERTS 12 Alice Adamyan Former Advisor to the Prime 540637, 524444, Fax: 529443 Minister arevpetrosyan@netsys.am 13 Lilit Asatryan Former Deputy Minister, Sport, Youth & Culture 14 Souren Vardumyan Expert in Gender Issues 561179 suren_vard@mail.ru INTERNATIONAL COMMUNITY 15 Nune Harutyunyan Project Coordinator, UNDP Nune.harutyunyan@undp.org Project on Gender and Politics in Southern Caucasus 16 Ilona Ter-Minasyan UNIFEM Armenia Coordinator Ilona.ter-minasyan@unifem.org 17 Armine Tadevosyan OSI Women’s Program 536758, 533862 Coordinator Armenuhi@osi.am WORLD BANK 18 Roger Robinson Country Manager, World Bank, rrobinson@worldbank.org Armenia 19 Susanna Hayrapeytan Senior Health Specialist, World shyarapeytan@worldbank.org Bank, Armenia 20 Vigen Sargsyan External Affairs Officer, World vsargsyan@worldbank.org Bank, Armenia 21 A. Waafas Ofosu-Amaah Senior Gender Specialist, World aofosuamaah@worldbank.org Bank 22 Arunima Dhar Consultant, World Bank adhar@worldbank.org 23 Tigran Kostanyan Voice Secondee tkostanyan@worldbank.org Azerbaijan NO. FIRST NAME, POSITION/ORGANIZATION CONTACT INFORMATION LAST NAME NGO 1 Ruhiyya Isayeva Legal Resource and Information Centre Public ruhiyya77@yahoo.com Union 2 Oksana Azimova Women’s Rights and Gender Issues Department, oazimova@aylu.az Azerbaijan Young Lawyers Union, member of 48 The Governance Environment for Women’s Rights in the Southern Caucasus NO. FIRST NAME, POSITION/ORGANIZATION CONTACT INFORMATION LAST NAME the Coalition 1325 3 Shahla Ismayilova Women’s Association for Rational shahla_ismailova@yahoo.com Development, Advisor of the Global Fund of Women 4 Sevda Mammadova Women Rights Protection Centre sevdamemmedli@yahoo.com 5 Asif Ismayilov Association of Young Azerbaijani Friends of asif_ismayilov@yahoo.com Europe 6 Matanet Azizova Women Crisis Centre wcc@online.az 7 Mehriban Zeynalova “Clean World” NGO meri@azintex.com 8 Tamam Djafarova University Educated Women’s Association tjafarova59@mail.ru 9 Nigar Malikova NRC, ICLA project, Information Officer melikova_n@yahoo.com WORLD BANK 10 A. Waafas Ofosu-Amaah Senior Gender Specialist, World Bank aofosuamaah@worldbank.org 11 Ms. Saida Bagirli Operations Officer, World Bank sbagirli@worldbank.org 12 Mr. Ramil Isgandarov Local Consultant, World Bank ramil@lawyer.com 13 Arunima Dhar Consultant, World Bank adhar@worldbank.org 14 Irina Akimoushkina Consultant, World Bank jsigov@aim.com Georgia NO. FIRST NAME, LAST NAME ORGANIZATION CONTACT INFORMATION NGOs 1 Nina Tsikhistavi Caucasus Women’s Research and Contact information not Consulting Network, member of State available Commission of Gender Equality, Coalition of Women’s NGO of Georgia—“Institutional Machinery” group 2 Nino Javakhishvili “Dynamic Psychology for Democracy isr@ip.osgf.ge and Development,” Advisory Council on Phone: (995 32) 943848 Gender Equality Attached to the Speaker of the Parliament of Georgia, Coalition of Women’s NGO of Georgia—“Women and Education” group 3 Lika Nadaraia Women’s Political Resource Center, wprc@wprc.ge Advisory Council on Gender Equality Phone: (995 32) 224018 Attached to the Speaker of Parlament of Georgia 4 Maya Kuprava-Sharvashidze Single Parent’s Association, member of cwn@access.sanet.ge State Commission of Gender Equality, Phone: (995 32) 999987 Coalition of Women’s NGO of Annex 1: List of Participants: Videoconference Dialogue Series 49 NO. FIRST NAME, LAST NAME ORGANIZATION CONTACT INFORMATION Georgia—“Women and Politics” and “Institutional Machinery” group 5 Elene Rusetskaia Women’s Information Center, member of wicmika@caucasus.net State Commission of Gender Equality, Phone:995 32 952934 Coalition of Women’s NGO of Georgia—“Institutional Machinery” and “Women’s and Peace Building” groups. Member of the coordinating committee of the regional network “Women for Peace” 6 Eka Sepashvili “Education and prosperity,” TSU, Tblisi eka-epashvili@yahoo.com State University Phone: (99532) 953216 7 Mari Meskhi Expert on women’s rights meskhi@hotmail.com Mobile: (99577) 453106 8 Ketevan Tatarashvili “Article 42 of the Constitution” (NGO) office@article42.ge Phone: (99532) 935322 9 Manana Mebuke Union of Wives of Disabled and Missing dt_wife@yahoo.com Soldiers, “Women and Peace Phone: (99532) 356609 Building.”Member of the coordinating committee of the regional network “Women for Peace” 10 Jvania Irina Association for Gender Development. nani.chanishvili@access.sanet.ge Member of the coordinating committee Phone: (99532) 998769 of the regional network “Women for Peace” 11 Ia Verulashvili Women’s Center, expert on women’s grc@access.sanet.ge rights, domestic violence and human Phone: (995 32) 233299 trafficking, Coalition of Women’s NGO of Georgia, “Women and health” group WORLD BANK 12 A. 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Last accessed on April 30, Article 3. 2006. 26 The Law of the Republic of Armenia on Public Organizations. 7 American Bar Association/Central European and Eurasian Article 3. Law Initiative (2002). 27 Art. 12 of the Law on NGOs. 8 International Fund for Agriculture Development (IFAD), 28 Art. 13 of the Law on NGOs. gender profile, available at http://www.ifad.org/gender/ 29 Art. 12 of the Law on NGOs. cen/profiles/arm.htm. Last accessed on April 30, 2006. 30 Art. 16 of the Law on Value-Added Tax (VAT), 9 The official rate differs depending on the source: The official Governmental Resolution No. 66, 2003. female labor participation rate in 2001 was 62.4 percent, or 88 31 BBC Monitoring (2004). percent of the male participation rate. Differences also exist 32 OSI (2006). between official and survey estimates: The participation rate of 33 The reproductive age for women is considered 15–44 for the men exceeded that of women by over half in 2001 (73.2 versus survey estimates, and 15–49 for the official estimates. See 48.2 percent), compared to over one-third in 1999 (69.2 versus Centers for Disease Control and Prevention and ORC Macro 51.1 percent). (2003). 10 IFAD (2004). 34 World Bank (2006). 11 USAID (2006). 35 World Bank (2003b). 12 American Bar Association/Central European and Eurasian 36 UNFPA (2002). Law Initiative (2002). 37 State Statistical Committee of Azerbaijan Republic (2003). 13 American Bar Association/Central European and Eurasian 38 UNFPA (2002). See also UNDP (2002). and OSI (2006). Law Initiative (2002). 39 UNDP (2002). 14 In 1998, 66 percent of the migrants were males, according to 40 OSI (2006). Shahinian (2001). 41 State Statistical Committee (2003). 15 On November 27, 2005, the referendum in Armenia approved 42 World Bank (2003b). the Amendments to the Constitution. The new Constitution 43 The legal provisions concerning the registration of NGOs in came into force shortly thereafter. Azerbaijan are explained below. 16 IFAD (2004). 44 The Law of the Republic of Azerbaijan on Non-Governmental 17 World Bank (2003). Organizations (Public Organizations and Funds), Article 2. 18 American Bar Association/Central European and Eurasian 45 The Law of the Republic of Azerbaijan on Non-Governmental Law Initiative (2002). Organizations (Public Organizations and Funds), Article 2. 19 World Bank. 2003a. 46 The Law of Azerbaijan Republic on State Registration of 20 USAID (2006). Legal Entities, Article 15. 58 47 55 International Center for Not-for-Profit Law and OSCE, Baku Republic of Georgia (2003). 56 office (2002). American Bar Association/Central European and Eurasian 48 Ismailzade (2004). Law Initiative (2003). 49 57 Republic of Georgia (2003). American Bar Association/Central European and Eurasian 50 State Department for Statistics of Georgia (2003). Law Initiative (2003). 51 58 American Bar Association/Central European and Eurasian American Bar Association/Central European and Eurasian Law Initiative (2003). Law Initiative (2003). 52 59 American Bar Association/Central European and Eurasian Georgian Constitution, Article 26, Paragraph 3. 60 Law Initiative (2003). The Civil Code of Georgia, Article 30. 53 61 State Department of Statistics. The Civil Code of Georgia, Article 30. 54 62 CDC and ORC Macro (2003). The reproductive age for Civil Code, Georgia, Article 31. 63 women is considered 15 to 44 for the survey estimates, and 15 to Tax Code, Georgia, Article 47. 49 for the official estimates. Endnotes 59