International Service for Human Rights

Egypt appeared before the Committee on the Elimination of Discrimination against Women (the Committee) on 28 January 2010 to present its combined 7th and 8th reports.[1] Egypt brought a large delegation, including twenty delegates from Egypt and four from the Egyptian Mission to the United Nations in Geneva. The delegation was composed of representatives from the National Council for Women and other Government ministries. The Committee complemented Egypt’s comprehensive report, progress made, and frank acknowledgement of remaining gaps in fulfilling commitments under the CEDAW Convention (CEDAW). For the most part the delegation responded candidly to the Committee’s inquiries, even in areas where it expressed dissent. In several instances, however, the delegation put off responding to controversial topics, particularly questions on Article 16,[2] until time limits expired.

Key issues discussed at the session include Egypt’s reservations to CEDAW and areas where Egypt’s national legislation fails to uphold its commitments under CEDAW. The Committee commended Egypt’s withdrawal of its reservation on Article 9, and questioned the delegation regarding reservations on Articles 2 and 16 of the Convention.[3] Ms. Ruth Halperin-Kaddari pointed out that the reservation to Article 2, which states that the article will be applied where it is not inconsistent the Islamic Shari’a, is particularly problematic as it undermines the entire Convention. The delegation responded that since Article 2 does not conflict with the Egyptian Constitution and progress has been made overcoming political obstacles, a decision is imminent. According to the delegation, the National Committee on Women continues to analyse Article 16. Their stated concern is that endorsing the principle of equality in all areas relating to marriage and family matters would interfere with gender-based distinctions in Egyptian law that benefit women.[4] The delegation did not provide specific examples.

The Committee members were primarily concerned with the issue of gaps in legislation regarding violence against women and implementation of existing laws. They echoed NGOs’ sentiments by encouraging Egypt to adopt robust legislation on domestic violence. Domestic violence is not explicitly criminalised in Egypt, and Article 17 of the Penal Code contains an exception on criminalisation of abuse for husbands disciplining their wives. The penal code on adultery and prostitution is also problematic as it proscribes harsher punishments for women than men. Moreover, the culture in courts and among judges and law enforcement officers tends to be unsympathetic about sexual abuse. The delegation responded that some action is being taken, including UNDP’s funding of training programs for police officers and judges on domestic violence and human rights. While the Committee congratulated Egypt on their criminalisation of female genital mutilation (FGM), they expressed concern at the extremely high rates of FGM (92% of married women between 15 to 49 years, according to the delegation), which reflect the difficulties of translating legislation into practical outcomes.

Other prominent issues raised included: lack of political representation of women; the rights of migrant women, who are often subjected to poor working conditions and abuse; lack of sex education and accessibility of contraceptives;[5] Egypt’s prohibition on abortion;[6] access to services for rural women, many of whom are lacking ID cards; lack of gender disaggregated statistics in employment, education, and healthcare; and traditional social, religious and cultural conceptions of gender which maintain stereotypes, and inhibit the implementation of progressive legislation and achievement of equality.

In conclusion, the Committee thanked the delegation for their frank responses and hoped to receive improved gender disaggregated statistical information and notice of the removal of all reservations in Egypt’s subsequent report.