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1984
Undang-Undang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskiriminasi Terhadap Wanita (convention On The Elimination Of All Forms Of Discrimination Against (UU 7 thn 1984)
Undang-Undang Republik Indonesia Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskiriminasi Terhadap Wanita (convention On The Elimination Of All Forms Of Discrimination Against :
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UNDANG-UNDANG REPUBLIK INDONESIA
NOMOR 7 TAHUN 1984
TENTANG
PENGESAHAN KONVENSI MENGENAI PENGHAPUSAN SEGALA BENTUK
DISKIRIMINASI TERHADAP WANITA
(CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN)
DENGAN RAHMAT TUHAN YANG MAHA ESA
PRESIDEN REPUBLIK INDONESIA,
Menimbang:
a bahwa segala warga negara bersamaan kedudukannya di dalam hukum dan
pemerintahan, sehingga segala bentuk diskriminasi terhadap wanita harus dihapuskan
karena tidak sesuai dengan Pancasila dan Undang-Undang Dasar 1945;
b bahwa Majelis Umum Perserikatan Bangsa-Bangsa di dalam sidangnya pada tanggal 18
Desember 1979, telah menyetujui Konvensi mengenai Penghapusan Segala Bentuk
Diskriminasi terhadap Wanita (Convention on the Elimination of All Forms of
Discrimination Against Women);
c bahwa ketentuan-ketentuan di dalam Konvensi tersebut di atas pada dasarnya tidak
bertentangan dengan Pancasila, Undang-Undang Dasar 1945 dan peraturan perundang-
undangan Republik Indonesia;
d bahwa Pemerintah Republik Indonesia telah menandatangani Konvensi tersebut pada
tanggal 29 Juli 1980 sewaktu diadakan Konferensi Sedunia Dasawarsa Perserikatan
Bangsa-Bangsa bagi Wanita di Kopenhagen;
e bahwa berhubung dengan hal tersebut di atas maka dipandang perlu mengesahkan
Konvensi sebagaimana tersebut pada huruf b di atas dengan Undang-Undang.
Mengingat:
1. Pasal 5 ayat (1), Pasal 11, Pasal 20 ayat (1) dan Pasal 27 ayat (1) Undang-Undang
Dasar 1945;
2. Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesia Nomor II/MPR/1983
tentang Garis-Garis Besar Haluan Negara.
Dengan Persetujuan:
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA,
MEMUTUSKAN:
Menetapkan:
UNDANG-UNDANG TENTANG PENGESAHAN KONVENSI MENGENAI PENGHAPUSAN
SEGALA BENTUK DISKRIMINASI TERHADAP WANITA (CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN)
Pasal 1
Mengesahkan Konvensi mengenai Penghapusan Segala Bentuk Diskriminasi terhadap Wanita
(Convention on the Elimination of All Forms of Discrimination Against Women) yang telah
disetujui oleh Majelis Umum Perserikatan Bangsa-Bangsa pada tanggal 18 Desember 1979,
dengan pensyaratan (reservation) terhadap Pasal 29 ayat (1) tentang penyelesaian
perselisihan mengenai penafsiran atau penerapan Konvensi ini, yang salinannya dilampirkan
pada Undang-undang ini.
Pasal 2
Undang-undang ini mulai berlaku pada tanggal diundangkan.
Agar setiap orang mengetahuinya,memerintahkan pengundangan Undang-undang ini dengan
penempatannya dal am Lembaran N egara Republik Indonesia.
Disahkan Di Jakarta,
Pada Tanggal 24 Juli 1984
PRESIDEN REPUBLIK INDONESIA,
Ttd.
SOEHARTO
Diundangkan Di Jakarta,
Pada Tanggal 24 Juli 1984
MENTERI/SEKRETARIS NEGARA REPUBLIK INDONESIA,
Ttd.
SUDHARMONO, S.H.
LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1984 NOMOR 29
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN
The convention elaborates and puts into the form of a multilateral treaty the substantive
provisions of the DECLARATION ON THE ELIMINATION OF DISCRIMINATION AGAINST
WOMEN. It establishes international machinery for the implementation of its provisions along
the lines of those established for implementation of the INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS, i.e., an l8-member COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN empowered to settle disputes between States parties
concerning observance of the convention and to receive and examine information from them on
measures taken to achieve its goals. The convention's underlying philosophy is that
discrimination against women is incompatible with human di gnity and constitutes an obstacle to
the full realization of the potentialities of women; therefore, the right of women to share equally
in improved conditions of life must be promoted and protected.
The convention was adopted by the UN General Assembly on 18 December 1979 (resolution
34/180) and entered into force on 3 September 1981; the text, annexed to the resolution, is as
follows:
The States Parties to the present Convention;
Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the
dignity and worth of the human person and i n the equal rights of men and women;
Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility
of discrimination and proclaims that all human beings are born free and equal in dignity and
rights and that everyone is entitled to all the rights and freedoms set forth therein, without
distinction of any kind, including distinction based on sex, Noting that the States parties to the
International Covenants on Human Rights have the obligation to ensure the equal right of men
and women to enjoy all economic, social, cultural, civil and political rights;
Considering the international conventions concluded under the auspices of the United Nations
and the specialized agencies promoting equality of rights of men and women;
Noting also the resolutions, declarations and recommendations adopted by the United Nations
and the specialized agencies promoting equality of rights of men and women;
Concerned, however, that despite these various instruments extensive discrimination against
women continues to exist;
Recalling that discrimination against women violates the principles of equality of rights and
respect for human dignity, is an obstacle to the participation of women, on equal terms with
men, in the political, social, economic and cultural life of their countries, hampers the growth of
the prosperity of society and the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of humanity;
Concerned that in situations of poverty women have the least access to food, health, education,
training and opportunities for employment and other needs;
Convinced that the establishment of the new international economic order based on equity and
justice will contribute significantly towards the promotion of equality between men and women;
Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination,
colonialism, neocolonialism, aggression, foreign occupation and domination and interference in
the internal affairs of States is essential to the full enjoyment of the rights of men and women
that the strengthening of international peace and security, the relaxation of international
tension, mutual cooperation among all States irrespective of their social and economic
systems, general and complete disarmament, in particular nuclear disarmament under strict
and effective international control, the affirmation of the principles of justice, equality and
mutual benefit in relations among countries and the realization of the right of peoples under
alien and colonial domination and foreign occupation to self- determination and independence,
as well as respect for national sovereignty and territorial integrity, will promote social progress
and development and as a consequence will contribute to the attainment of full equality
between men and women;
Convinced that the full and complete development of a country, the welfare of the world and the
cause of peace require the maximum participation of women on equal terms with men in all
fields,
Bearing in mind the great contribution of women to the welfare of the family and to the
development of society, so far not fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of children, and aware that the role of
women in procreation should not be a basis for discrimination but that the upbringing of children
requires a sharing of responsibility between men and women and society as a whole;
Aware that a change in the traditional role of men as well as the role of women in society and in
the family is needed to achieve full equality between men and women;
Determined to implement the principles set forth in the Declaration on the Elimination of
Discrimination against Women and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and manifestations;
Have agreed on the following:
Part I
Article 1
For the purposes of the present Convention, the term "discrimination against women" shall
mean any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination against women and,
to this end, undertake:
(a) To embody the principle of the equality of men and women in their national constitutions
or other appropriate legislation if not yet incorporated therein and to ensure, through law
and other appropri ate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to
ensure through competent national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to
ensure that publ ic authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any
person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
Article 3
States Parties shall take in all fields, in particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to ensure the full development and
advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality with men.
Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as defined in
the present Convention, but shall in no way entail as a consequence the maintenance of
unequal or separate standards, these measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in
the present Convention, aimed at protecting maternity shall not be considered
discriminatory.
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the
upbringing and development of their children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.
Part II
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in
the political and public life of the country and, in particular, shall ensure to women, on equal
terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof
and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the
public and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with
men and without any discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international organizations.
Article 9
1. States Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of
the wife, render her stateless or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of
their children.
Part III
Article 10
States Parties shall take all appropriate measures to eliminate discrimination against women in
order to ensure to them equal rights with men in the field of education and in particular to
ensure, on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for access to studies and for
the achievement of diplomas in educational establishments of all categories in rural as
well as in urban areas; this equality shall be ensured in pre-school, general, technical,
professional and higher technical education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teaching staff with qualifications of
the same standard and school premises and equipment of the same quality;
(c) The elimination of any stereotyped concept of the roles of men and women at all levels
and in all forms of education by encouraging coeducation and other types of education
which will help to achieve this aim and, in particular, by the revision of textbooks and
school programs and the adaptation of teaching methods;
(d) The same opportunities to benefit from scholarships and other study grant s;
(e) The same opportunities for access to programs of continuing education, including adult
and functional literacy programs, particularly those aimed at reducing, at the earliest
possible time, any gap in education existing between men and women;
(f) The reduction of female student drop-out rates and the organization of programs for girls
and women who have left school prematurely;
(g) The same opportunities to participate actively in sports and physical education;
(h) Access to specific educational information to help to ensure the health and well-being of
families, including information and advice on family planning.
Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application of the
same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job
security and all benefits and conditions of service and the right to receive
vocational training and retraining, including apprenticeships, advanced vocational
training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment in
respect of work of equal value, as well as equality of treatment in the evaluation of
the quality of work;
(e) The right to social security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to work, as well as the right to
paid leave;
(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage or maternity
and to ensure their effective right to work, States Parties shall take appropriate
measures;
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of
pregnancy or of maternity leave and discrimination in dismissals on the basis of
marital status;
(b) To introduce maternity leave with pay or with comparable social benefits without
loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation in
public life, in particular through promoting the establishment and development of a
network of child care facilities;
(d) To provide special protection to women during pregnancy in types of work proved
to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed
periodically in the light of scientific and technological knowledge and shall be revised,
repealed or extended as necessary.
Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure
to women appropriate services in connection with pregnancy, confinement and the post-
natal period, granting free services where necessary, as well as adequate nutrition
during pregnancy and lactation.
Article 13
States Parties shall take all appropriate measures to eliminate discrimination against women in
other areas of economic and social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
Article 14
1. States Parties shall take into account the particular problems faced by rural women and
the significant roles which rural women play in the economic survival of their families,
including their work in the non-monetized sectors of the economy, and shall take all
appropriate measures to ensure the application of the provisions of the present
Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of equality of men and women, that
they participate in and benefit from rural development and, in particular, shall ensure to
such women the right:
(a) To participate in the elaboration and implementation of development planning at all
levels;
(b) To have access to adequate health care facilities, including information,
counseling and services in family planning;
(c) To benefit directly from social security programs;
(d) To obtain all types of training and education, formal and non-formal, including that
relating to functional literacy, as well as, inter alia, the benefit of all community and
extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self- employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land
resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.
Part IV
Article 15
1. States Parties shall accord to women equality with men before the law.
2. State Parties shall accord to women, in civil matters, a legal capacity identical to that of
men and the same opportunities to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer property and shall treat them
equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a
legal effect which is directed at restricting the legal capacity of women shall be deemed
null and void.
4. States Parties shall accord to men and women the same rights with regard to the law
relating to the movement of persons and the freedom to choose their residence and
domicile.
Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their
free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status,
in matters relating to their children; in all cases the interests of the children shall be
paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of
their children and to have access to the information, education and means to
enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where these concepts
exist in national legislation; in all cases the interests of the children shall be
paramount;
(g) The same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free
of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary
action, including legislation, shall be taken to specify a minimum age for marriage and to
make the registration of marriages in an official registry compulsory.
Part V
Article 17
1. For the purpose of considering the progress made in the implementation of the present
Convention, there shall be established a Committee on the Elimination of Discrimination
against Women (herei nafter referred to as the Committee) consisting, at the time of entry
into force of the Convention, of eighteen and, after ratification of or accession to the
Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing
and competence in the field covered by the Convention. The experts shall be elected by
States Parties from among their nationals and shall serve in their personal capacity,
consideration being given to equitable geographical distribution and to the representati on
of the different forms of civilization as well as the principal legal systems.
2. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parti es. Each State Party may nominate one person from among its
own nationals.
3. The initial election shall be held six months after the date of the entry into force of the
present Convention. At least three months before the date of each election the
Secretary-General of the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months. The Secretary-General shall
prepare a list in alphabetical order of all persons thus nominated, indicating the States
Parties which have nominated them, and shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to
the Committee shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present and voting.
5. The members of the Committee shall be elected for a term of four years. However, the
terms of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election the names of these nine members shall be
chosen by lot by the Chairman of the Committee.
6. The election of the five additional members of the Committee shall be held in accordance
with the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth
ratification or accession. The terms of two of the additional members elected on this
occasion shall expire at the end of two years, the names of these two members having
been chosen by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose expert has ceased to function
as a member of the Committee shall appoint another expert from among its nationals,
subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the General Assembly,
receive emoluments from United Nations resources on such terms and conditions as the
Assembly may decide, having regard to the importance of the Committee's
responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee under the
present Convention.
Article 18
1. States Parties undertake to submit to the Secretary- General of the United Nations, for
consideration by the Committee, a report on the legislative, judicial, administrative or
other measures which they have adopted to give effect to the provisions of the present
Convention and on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned.
(b) Thereafter at least every four years and further whenever the Committee so
requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfillment of
obligations under the present Convention.
Article 19
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20
1. The Committee shall normally meet for a period of not more than two weeks annually in
order to consider the reports submitted in accordance with article 18 of the present
Convention.
2. The meetings of the Committee shall normally be held at United Nations Headquarters or
at any other convenient place as determined by the Commi ttee.
Article 21
1. The Committee shall, through the Economic and Social Council, report annually to the
General Assembly of the United Nations on its activities and may make suggestions and
general recommendations based on the examination of reports and information received
from the States Parties. Such suggestions and general recommendations shall be
included in the report of the Committee together with comments, if any, from States
Parties.
2. The Secretary-General of the United Nations shall transmit the reports of the Committee
to the Commission on the Status of Women for its information.
Article 22
The specialized agencies shall be entitled to be represented at the consideration of the
implementation of such provisions of the present Convention as fall within the scope of their
activities. The Committee may invite the specialized agencies to submit reports on the
implementation of the Convention in areas falling within the scope of their activities.
Part VI
Article 23
Nothing in the present Convention shall affect any provisions that are more conducive to the
achievement of equality between men and women which may be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement in force for that State.
Article 24
States Parties undertake to adopt all necessary measures at the national level aimed at
achieving the full realization of the rights recognized in the present Convention.
Article 25
1. The present Convention shall be open for signature by all States.
2. The Secretary-General of the United Nations is designated as the depository of the
present Convention.
3. The present Convention is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
4. The present Convention shall be open to accession by all States. Accession shall be
effected by the deposit of an instrument of accession with the Secretary-General of the
United Nations.
Article 26
1. A request for the revision of the present Convention may be made at any time by any
State Party by means of a notification in writing addressed to the Secretary-General of
the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be
taken in respect of such a request.
Article 27
1. The present Convention shall enter into force on the thirtieth day after the date of deposit
with the Secretary-General of the United Nations of the twentieth instrument of
ratification or accession.
2. For each State ratifying the present Convention or acceding to it after the deposit of the
twentieth instrument of ratification or accession, the Convention shall enter into force on
the thirtieth day after the date of the deposit of its own instrument of ratification or
accession.
Article 28
1. The Secretary-General of the United Nations shall receive and circulate to all States the
text of reservations made by States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall
not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the
Secretary-General of the United Nations, who shall then inform all States thereof. Such
notification shall take effect on the date on which it is received.
Article 29
1. Any dispute between two or more States Parties concerning the interpretation or
application of the present Convention which is not settled by negotiation shall, at the
request of one of them, be submitted to arbitration. If within six months from the date of
the request for arbitration the parties are unable to agree on the organization of the
arbitration, any one of those parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.
2. Each State Party may at the time of signature or ratification of the present Convention or
accession thereto declare that it does not consider itself bound by paragraph 1 of this
article. The other States Parti es shall not be bound by that paragraph with respect to any
State Party which has made such a reservation.
3. Any State Party which has made a reservation in accordance with paragraph 2 of this
article may at any time withdraw that reservation by notification to the Secretary General
of the United Nations.
Article 30
The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of
which are equally authentic, shall be deposited with the Secretary General of the United
Nations. In witness whereof the undersigned, duly authorized, have signed the present
Convention.
PENJELASAN
UNDANG-UNDANG REPUBLIK INDONESIA
NOMOR 7 TAHUN 1984
TENTANG
PENGESAHAN KONVENSI MENGENAI PENGHAPUSAN SEGALA BENTUK
DISKRIMINASI TERHADAP WANITA
(CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN)
I. UMUM
Pada tahun 1967 Perserikatan Bangsa-Bangsa telah mengeluarkan Deklarasi mengenai
Penghapusan Diskriminasi terhadap wanita. Deklarasi tersebut memuat hak dan
kewajiban wanita berdasarkan persamaan hak dengan pria dan menyatakan agar
diambil langkah-langkah seperlunya untuk menjamin pelaksanaan Deklarasi tersebut.
Oleh karena Deklarasi itu sifatnya tidak mengikat maka Komisi Perserikatan Bangsa-
Bangsa tentang Kedudukan Wanita berdasarkan Deklarasi tersebut menyusun
rancangan Konvensi tentang Penghapusan Segala Bentuk Diskriminasi terhadap
Wanita.
Pada tanggal 18 Desember Tahun 1979 Majelis Umum Perserikatan Bangsa-Bangsa
telah menyetujui Konvensi tersebut. Karena ketentuan Konvensi pada dasarnya tidak
bertentangan dengan Pancasila dan Undang-Undang Dasar 1945, maka Pemerintah
Republik Indonesia dalam Konferensi Sedunia Dasawarsa Perserikatan Bangsa-Bangsa
bagi Wanita di Kopenhagen pada tanggal 29 Juli 1980 telah menandatangani Konvensi
tersebut.
Penandatanganan itu merupakan penegasan sikap Indonesia yang dinyatakan pada
tanggal 18 Desember 1979 pada waktu Majelis Umum Perserikatan Bangsa-Bangsa
melakukan pemungutan suara atas resolusi yang kemudian menyetujui Konvensi
tersebut.
Dalam pemungutan suara itu Indonesia memberikan suara setuju sebagai perwujudan
keinginan Indonesia untuk berpartisipasi dalam usaha-usaha internasional menghapus
segala bentuk diskriminasi terhadap wanita karena isi Konvensi itu sesuai dengan dasar
negara Pancasila dan Undang-Undang Dasar 1945 yang menetapkan bahwa segala
warga negara bersamaan k edudukannya di dalam hukum dan pemeri ntahan.
Ketentuan dalam Konvensi ini tidak akan mempengaruhi asas dan ketentuan dalam
peraturan perundang-undangan nasional yang mengandung asa s persamaan hak antara
pria dan wanita sebagai perwujudan tata hukum Indonesia yang sudah kita anggap baik
atau lebih baik bagi dan sesuai, serasi serta selaras dengan aspirasi bangsa Indonesia.
Sedang dalam pelaksanaannya, ketentuan dalam Konvensi ini wajib disesuaikan dengan
tata kehidupan masyarakat yang meliputi nilai-nilai budaya, adat istiadat serta norma-
norma keagamaan yang masih berlaku dan diikuti secara luas oleh masyarakat
Indonesia. Pancasila sebagai pandangan hidup bangsa dan Undang-Undang Dasar
1945 sebagai sumber hukum nasional memberikan keyakinan dan jaminan bahwa
pelaksanaan ketentuan Konvensi ini sejalan dengan tata kehidupan yang dikehendaki
bangsa Indonesia.
II. PASAL DEMI PASAL
Pasal 1
Pasal 29 Konvensi memuat ketentuan tentang cara untuk menyelesaikan setiap perselisihan
antara negara peserta Konven si mengenai penafsiran atau penerapan ketentuan Konvensi.
Pemerintah Indonesia tidak bersedia untuk mengikatkan diri pada ketentuan pasal tersebut,
karena pada prinsipnya tidak dapat menerima suatu kewajiban untuk mengajukan perselisihan
internasional, dimana Indonesia tersangkut, kepada Mahkamah I nternasional.
Dengan pertimbangan tersebut di atas Indonesia mengadakan pensyaratan terhadap Pasal 29
ayat (1) Konvensi, hingga dengan demikian Indonesia menyatakan dirinya tidak terikat oleh
pasal tersebut.
Pasal 2
Cukup jelas.
TAMBAHAN LEMBARAN NEGARA REPUBLIK INDONESIA NOMOR 3277
Silahkan download versi PDF nya sbb:
pengesahan_konvensi_mengenai_penghapusan_segala_b_7.pdf
(ogi/Carapedia)
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