PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation the largest female representation worldwide, as well as the relatively high representation of women in decision-making positions, including among provincial governors and in the judiciary”.446 In its national report submitted as part of the third cycle of the universal periodic review in 2020, Rwanda affirmed that: “Women’s empowerment and participation in decision making is mainly captured by the ratios of women in parliament, ministerial positions, and other positions in various structures of governance both in public, private, and civil society entities.”447 It highlighted the impact of the measures taken in ensuring women’s participation in decision-making: in 2020, women’s representation in the cabinet reached 52 per cent compared with 36.8 per cent in 2014.448 Added to which, in the ongoing parliamentary term of 2018–2023, women parliamentarians stand at 61.2 per cent in the lower chamber and 38 per cent in the Senate.449 At decentralized levels, women’s share in leadership positions as district mayors improved from 16.7 per cent to 30 per cent and 45.6 per cent in district councils between 2016 and 2018.450 It further noted that it was monitoring the progress of women’s representation in the private sector and that efforts would continue to “increase women’s representation in managerial positions”.451 1. Obligation to adopt positive action measures Article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination provides for the adoption of “special measures” by States in order to ensure the equal enjoyment of rights and freedoms. Similar provisions are contained in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities.452 The Human Rights Committee has noted that States may be required to “take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant”.453 Similarly, the Committee on Economic, Social and Cultural Rights has emphasized that article 2 (2) of the International Covenant on Economic, Social and Cultural Rights gives rise to an obligation to “adopt special measures to attenuate or suppress conditions that perpetuate discrimination”.454 There is a clear consensus among the treaty bodies that positive action is required, rather than simply permissible. As noted, both the Human Rights Committee and the Committee on Economic, Social and Cultural Rights have stated that positive action measures are required in situations of substantive inequality.455 Article 2 (2) of the International Convention on the Elimination of All Forms of Racial Discrimination provides that States “shall, when the circumstances so warrant, take … special and concrete measures” for the purposes of ensuring equal enjoyment of rights and freedoms” and in its discussion of the relevant provision, the Committee on the Elimination of Racial Discrimination refers to an “obligation” to take special measures.456 The Committee on the Elimination of Discrimination against Women has stated that “States parties are obliged to adopt and implement temporary special measures”.457 Most recently, in 2018, the Committee on the Rights of Persons with Disabilities stated clearly that “States parties must take positive actions”.458 58 446 Ibid., para. 30. 447 A/HRC/WG.6/37/RWA/1, para. 51. 448 Ibid. 449 Ibid. 450 Ibid. 451 Ibid., para. 52. 452 Convention on the Elimination of All Forms of Discrimination against Women, art. 4 (1); and Convention on the Rights of Persons with Disabilities, art. 5 (4). See also Convention on the Rights of Persons with Disabilities, art. 27 (1) (h), according to which States commit to “promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures”. 453 Human Rights Committee, general comment No. 18 (1989), para. 10. 454 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 9. 455 Human Rights Committee, general comment No. 18 (1989), para. 10; and Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 9, which provides that “in order to eliminate substantive discrimination, States parties may be, and in some cases are, under an obligation to adopt special measures”. 456 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), paras. 11 and 14. 457 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 24. 458 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 16.