Presentation on theme: "GENDER, JUSTICE AND DEMOCRATIZATION"— Presentation transcript:
1GENDER, JUSTICE AND DEMOCRATIZATION DEVCO Gender module, 2012Photo: Elections TanzaniePhotographer: E. ScagnettiCountry: Tanzanie, AfriqueDate: 12 novembre 2010
2Objective of this course module: Getting familiar with strategies to promote gender equality and women's empowerment in justice and democratization.Justice and Democracy may be collectively desired but the individual experience differs among citizens, especially between men and women.The EU seeks to guarantee to everybody the same rights to justice and democracy.This Module aims at getting familiar with strategies to promote gender equality and women's empowerment in justice and democratization.
3Table of Contents What is gender About? International Commitments on Gender, Justice and DemocratizationEU comprehensive ApproachGender dimension: Legal FrameworksGender dimensions: Access to JusticeEntry points for gender equality in Justice sectorGender analysis of DemocratizationStrategies to promote gender equality in democratization processes
4i. What is gender about?GENDER: A concept that refers to the social differences between women and men that have been learned are changeable over time and have wide variations both within and between cultures. (European Commission, 1998)Definition of the concept ‘Gender’:A concept that refers to the social differences between women and men that have been learned are changeable over time and have wide variations both within and between cultures.Gender inequality and gender discrimination goes along with socially constructed norms and values about masculinity and femininity. Gender inequality and discrimination mostly is embedded in cultures with a widely accepted prevalence of violence against women to keep women in their subordinate place in the family, in the community and in public life. When violence starts in families, and children grow up in violent circumstances, it spreads to all levels of society. Peace building should therefore challenge these norms wherever possible and find ways to resolve conflicts without the use of violence. This process should start by creating the conditions to increase women’s representation in processes of peace building, reconstruction and key decision-making bodies and institutions.
5Sex Gender gender and sex EU Gender Advisory Services - 2011 Biological differences (man/women)Chromosomal and physiological characteristics of men and women do not vary much among different culturesNo much difference in time and placerather staticGenderSocially constructed differences (masculinity/femininity)Social, political, and economic roles may vary much among different culturesHuge changes in time and placedynamicThe concept ‘Gender’ is used to refer to socially constructed differences and to distinguish from biological differences.Women’s and men’s biological functions are the same in all countries and have not changed over the centuries.Women’s and men’s social roles however are varying a lot among different cultural contexts and have been changing over the centuries. This is a dynamic process created by people.In this presentation we are not talking about biological relations among the sexes. We only refer to the gender relations; that’s to say, to the socially constructed relations among men and women, including the ascribed roles women and men are expected to play according to the established norms, values and behaviour patternsPractical gender needs i.e. needs for items which would improve women’s lives within their existing roles (e.g. more efficient cooking stoves)Strategic gender needs which must be met if women are to be enabled to take on new roles and to become empowered (e.g. increased access to education and information, legislative changes, representation in decision-making bodies).
6Socially constructed inequality The problem is not that menand women are different, butthe traditionally assigned rolesare valued differently and men and women are stereotypedEverything associated with masculinity is valued higherThe result is inequality in opportunities, benefits, gender discriminationStereotypes are collective believes about what is typical feminine and typical masculine. These believes are reproduced generation after generation, creating social structures which consolidate and strengthen the gender inequality.When justice matters are involved, women are often seen as the victims and men as the aggressors. In reality both men and women have complex and multiple roles and identities. Men and women affect and are affected differently by laws and the justice cycle, given the different roles assigned to each of them, their different responsibilities, and the unequal power relationsIndeed, they can influence the justice cycle and development of a gender-sensitive justice sector, which takes into account specific practical and strategic needs of women.To do this a key element is also the participation of women as actors of the justice sector.Example of women and (in)justice based on culture and traditional roles of women: early marriages, exclusion form inheritance, justification of domestic violence, among others.“too often, women are denied control over their bodies, denied a voice in decision-making, and denied protection from violence. Some 600 million women, more than half the world’s working women, are in vulnerable employment, trapped in insecure jobs, often outside the purview of labour legislation. In the developing world, more than one third of women are married before the age of 18, missing out on education and exposed to the risks of early pregnancy. Despite major progress on legal frameworks at national, regional and international levels, millions of omen report experiencing violence in their lifetimes, usually at the hands of an intimate partner.”[Source: UN Women, Progress of the World’s Women – In pursuit of Justice,The same happens when talking about democracy: the participation of women in the political sphere, as parliamentary, but also as activists, will promote that legislative and executive powers take into consideration more deeply the issue of equality between men and women and thus the specific needs of women to be part of the democratic system and processes.Example: Gender inequality in relation to participation and decision makingTraditional patriarchal power relations and institutions make it difficult for women to be fairly represented in decision-making and at the senior levels of political life.Women are vastly under-represented at all levels of government, limiting their power to influence governance and public policy. They hold less than 10% of seats in parliament in all regions except East Asia. And in no developing region do women hold more than 8% of ministerial positions. [Engendering Development (IBRD/World Bank, 2001)]
7Gender, Justice and Democracy “(…) with sound legal and justice systems, women can flourish and contribute to the advancement of society as a whole, including by helping to improve those very same systems for future generations – daughters and sons alike.”Ban Ki-moonSecretary-General of the United Nations Photo: Rwanda - a woman verifies her name on the election listAuthor: unknownThe rule of law, a cornerstone of good governance and democracy, requires that laws are in place to hold everyone to account, from the individual up to the government. It requires that laws are ‘publicly promulgated, equally enforced and independently adjudicated’. The rule of law is about the existence of laws, but it is also about implementation, including in challenging plural legal contexts and in post-conflict societies. This requires good governance and a functioning justice system that carries out its duties fairly, without bias or discrimination. This is the ideal. However, for millions of women and girls, the reality is that the rule of law means little in practice.[Source: Progress of the World’s Women – In pursuit of Justice, UN Women, 2011 ]Case study: NEPAL[Source: UN Women, Progress of the World’s Women – In pursuit of Justice, pp ]Over the past two decades, legal reforms have transformed the landscape for gender equality in Nepal, ensuring greater economic security for women, protecting them from violence, safeguarding their sexual and reproductive rights and amplifying their voices in decision-making.While Nepal’s 1990 Constitution decreed that ‘all citizens shall be equal before the law’, discriminatory laws in relation to citizenship, property ownership and inheritance remained on the statute books. However, in 1991, Nepal ratified CEDAW, providing major impetus for the women’s movement to demand further reform.In 1993, gender equality advocates filed a petition at the Supreme Court challenging discriminatory inheritance laws.The Court asked the Government to introduce a bill within a year to reform existing family laws relating to property, but it was not until 2002 that Parliament finally passed the Country Code (11th Amendment) Act. The new law provided for equal inheritance rights for unmarried daughters and sons, but gender equality advocates were not satisfied. Women’s property rights remained dependent on marital status and they were required to return their inherited property if they got married.In 2006, as Nepal emerged from a decade of conflict, further change was underway. The Nepal Citizenship Act was passed, enabling children to claim citizenship through their mothers for the first time. Moreover, the Gender Equality Act gave married women the right to keep inherited property, entitled women to use property without the consent of male family members and expanded divorce rights. The Act also extended the law to protect women, criminalizing domestic and sexual violence. These provisions built on strategic litigation brought in 2002, which led to the explicit criminalization of marital rape for the first time.In 2007, the Ministry of Finance introduced gender- responsive budgeting, developing indicators to track the Government’s expenditure on gender equality. As a result, spending categorized as directly responsive to women went up from 11% in 2007 to 17% in 2010, an increase of more than 50%. Furthermore, in 2008, a 10 percent tax exemption was introduced for land registered in a woman’s name to drive implementation of laws on property and inheritance. The exemption, aimed at incentivizing families to share their property with their daughters, sisters and wives was subsequently increased to 25 percent in cities and 30% in rural areas. The impact of these measures has been significant: while in the 2001 census, 11% of households reported that some land was owned by women, according to data from 50 land revenue offices throughout Nepal, this figure had increased to 35% of households by 2009.The rights of women regarding their sexual and reproductive health have also been expanded. In 2002, abortion under certain circumstances was legalized and by 2008, working with civil society partners, the Government had trained nearly 500 providers throughout the country. In 2009, a fund was created to ensure that rural and poor women could access these services, and to educate both providers and the public on the law. The maternal mortality rate nearly halved between 2001 and 2006, in part attributed to the increased availability of safe abortion and reproductive health services.In the 2008 elections, as a result of a quota, women’s representation in the Constituent Assembly reached 33%, helping to maintain a consistently high profile for gender equality issues. Sapana Pradhan Malla has long been an instrumental part of the campaign to expand women’s rights in Nepal, first as an activist and now as a member of the Constituent Assembly:“Nepal has witnessed great change in the last 20 years and women have been central to this, both as campaigners and legislators. I am proud to say that we now have in place a raft of progressive laws that guarantee gender equality. Many challenges remain, however, and we will not be satisfied until we have translated the promises of equality in our laws into substantive equality for all the women and girls of our country.”Ms Sapana Pradhan MallaMember of Constituent Assembly, Nepal & Lawyer, Nepal Supreme CourtPresident of the Forum for Women, Law & Development.
8Factsheet (justice)Justification of Domestic violence In 17 out of 41 countries a quarter or more people think that is justifiable for a man to beat his wifeUnderreporting of rape cases A study on 57 countries in European countries reports: - 10% of women have experienced sexual assault; out of which only 11% reported it - 8% of women experienced robbery, out of which 38% reported it The same pattern is evident at global-level. Failure of justice services for women and lack of confidence in justice may explain this pattern.Existence of laws prohibiting each forms of violence Domestic violence 60% Sexual harassment 55% Marital rape 15%Discriminatory Legal codes and customary practices limiting women’s ability to control land(UN Women index on OECD data 2010:No access (0) to Full Access (1)Latin America and the Caribbean 0,87Middle East and North Africa 0.63Sub-Saharan Africa 0.41South Asia 0.56East Asia and the Pacific 0.84Central Eastern Europe and Central Asia 0.88Legal Reforms 173 Countries guarantee Paid maternity leave 139 constitutions guarantee gender equality 125 countries outlaw domestic violence 117 countries outlaw sexual harassment 117 counties have equal pays 115 countries guarantee women’s equal property rightsMaking justice systems work for women – whether through catalyzing legal reform, or supporting legal aid, one-stop shops and training for judges – requires investment. Recognizing the importance of strengthening the rule of law, governments spend a significant amount on legal and judicial development and human rights. However, targeted funding for gender equality remains low.Example of World Bank funding for grants, credits and loans, 2000–2010Only a very small fraction of World Bank funding has been allocated to gender equality focused rule of law projects over the past decade.$261 billion ; Total amount the World Bank has allocated to projects (100%)Total amount allocated to 262 rule of law projects: $ 16 Billion (6%)Total amount allocated to 4 rule of law and gender equality projects: $ 61 Million (0.02%)Total amount allocated to the gender equality components of these projects: $9.6 Million (0.004)
9Factsheet (democracy) Legal ReformsExample of Rwanda:Rwanda superseded Sweden at the number one in the world in terms of women’s parliamentary representation — 56.3 percent women against Sweden’s 47.3 percent. Rwanda is an example of the use of electoral gender quotas as a fast track to gender balance in politicsRwanda recently approved important legal reforms on women rights:the Succession Act (1999) establishing gender equality in inheritance and property ownership;the National Land Policy (2004) and Land Law (2005) providing equality in statutory and customary land ownership;the Law on Prevention and Punishment of Gender-Based Violence was passed (2008);marital rape was criminalized (2009).WOMEN IN NATIONAL PARLIAMENTS In national parliaments, the global average of seats held by women is only 20.2 percent : Women make less than 20,2% of legislators (men still have 78.8.% and women only 20.2% of parliamentary seats)WOMEN HEAD OF STATE Only 16 women are Heads of State or Government around the globe. (2012)In national parliaments, the global average of seats held by women is only 20.2 percent : Women make less than 20,2% of legislators (men still have % and women only 20.2% of parliamentary seats) [September ]Only 16 women are Heads of State or Government around the globe.Which could be the impact of women in legislation/decision making seats?They become agent of change : transform political spaces and be held accountable alongside men for gender equality and social justice.Example of Rwanda: superseded Sweden at the number one in the world in terms of women’s parliamentary representation — 56.3 percent women against Sweden’s 47.3 percent. Rwanda is an example of the new trend to use electoral gender quotas as a fast track to gender balance in politics. Other parliaments, however, still have very few women elected (International IDEA)Rwanda recently approved important legal reforms on women rights [The Succession Act (1999) establishing gender equality in inheritance and property ownership; the National Land Policy (2004) and Land Law (2005) providing equality in statutory and customary land ownership; the Law on Prevention and Punishment of Gender-Based Violence was passed (2008); marital rape was criminalized (2009)].
10ii. International commitments International and Regional CommitmentsConvention on the Elimination of all forms of Discrimination Against Women (CEDAW )Beijing Declaration and Platform for Action (PfA) (1995)Millennium Development Goals (2000), MDG3Protocol to the African Charter of Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol – 2003)Inter-American convention on the Prevention, Punishment, and Eradication of Violence against Women, 1994 (Belem do Para)Institutional dimension:CEDAW monitoring process on reportingCEDAW Optional Protocol (in force since 2000) on the procedures for (a) claims of violations of rights to the CEDAW Committee, and (b) enquiry proceduresUN Special Rapporteur on Violence Against WomenGender: Shared international legal frameworks and political commitments may create a common ground for action. Therefore they are important for the political and policy dialogue. A broad range of international legal and political frameworks to promote gender equality and women’s rights is available. Here we mention the most important frameworks which are currently available and widely recognised, undersigned or ratified by the majority of the countries:Convention on the Elimination of all forms of Discrimination Against Women - CEDAW (1979): It establishes rights for women in areas not previously subject to international standards, most notably in personal and family life. It refers specifically to reproductive rights and the rights of rural women, bringing these ‘new’ issues strongly into the global agenda. As of 15th November 2012, 187 countries have ratified the Convention [See: ].Ratifying CEDAW, governments commit themselves to address discriminatory laws, through 3 keys areas:Ending explicit legal discrimination against law;Extending the protection of the rule of Law;Ensuring government responsibility for the impact of the law.Beijing Platform for Action - PfA (1995): Calls for extensive legal reforms to address gender discrimination, with 12 critical areas of concern. Many countries also established special bodies to coordinate gender and women’s issues in response to the demands of the global conferences. These are usually known as National Women’s Machineries (NWMs). NWMs are frequently composed of representatives of both governmental and non-governmental institutions. Most NWMs are responsible for coordinating follow-up on both CEDAW and Beijing, and for those aspects of MDG reporting which pertain to gender equality mainstreaming and monitoring.The Millennium Declaration and its Millennium Development Goals (2000), particularly MDG3 on gender equality and women’s empowerment:“MDG 3 - Promote gender equality and empower women.Targets for 2005 and 2015: eliminate gender disparities in primary and secondary education preferably by 2005, and at all levels by 2015.”Goal 3 is not specific to any particular sector or issue, since gender equality and women’s rights underpin all the other goals. The reverse is also true, as the achievement of Goal 3 depends on progress being made on each of the other goals; thus, gender equality needs to be mainstreamed through all the other goals.Regional commitmentsProtocol to the African Charter of Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol ): “State parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognized international standards” (…) through legislative measures backed by sanctions, of all forms if genital mutilations” (Art 5).Inter-American convention on the Prevention, Punishment, and Eradication of Violence against Women, 1994 (Convention of Belem do Para). “Every woman has the right to be free from violence in both the public and private spheres”: among other statement, this represents a very important recognition in the American continent that also women have the right to be free form violence also in the private sphere; and that it is duty of the state to “include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary”.Protocol to the African Charter on Human and People’s Rights on the right of the women in Africa (Maputo Protocol, 2003).SADC Declaration on Gender and Development (1997) and the Addendum on the Prevention and eradication of Violence Against women and Children (1998)Institutional dimension:CEDAW monitoring process on reporting: countries which have ratified CEDAW must produce an initial report one year after ratification, and periodic reports every four years thereafter detailing their progress on implementation of the Convention, and on the overall situation of women in their countryCEDAW Optional Protocol (in force since 2000) establishing two procedures a) communications procedure allowing individual women, or groups of women, to submit claims of violations of rights to the CEDAW Committee; b) an enquiry procedure enabling the Committee to initiate inquiries where women’s rights appear to have been violated.[See also: Toolkit on Mainstreaming Gender Equality in EC Development Cooperation, Section 1: Handbook on concepts and methods for mainstreaming gender equality, p. 33]UN Special Rapporteur on Violence Against WomenMs. Rashida Manjoo (South Africa), since August 2009According to the mandate the Special Rapporteur is requested to:(a) Seek and receive information on violence against women, its causes and consequences from Governments, treaty bodies, specialized agencies, other special rapporteurs responsible for various human rights questions and intergovernmental and non-governmental organizations, including women's organizations, and to respond effectively to such information;(b) Recommend measures, ways and means at the local, national, regional and international levels to eliminate all forms of violence against women and its causes, and to remedy its consequences;(c) Work closely with all special procedures and other human rights mechanisms of the Human Rights Council and with the treaty bodies, taking into account the request of the Council that they regularly and systematically integrate the human rights of women and a gender perspective into their work, and cooperate closely with the Commission on the Status of Women in the discharge of its functions;(d) Continue to adopt a comprehensive and universal approach to the elimination of violence against women, its causes and consequences, including causes of violence against women relating to the civil, cultural, economic, political and social spheres.General Assembly Resolution on the Elimination of All Forms of Violence against Women ( )General Assembly Resolution on Working towards the Elimination of Crimes against Women Committed in the Name of Honour ( ) to prevent and prosecute crimes against women committed in the name of honour and to provide support services for victimsGeneral Assembly Resolution on Women and Political Participation (2003)General Assembly Resolution on the intensification of efforts to eliminate all forms of violence against women (2005; 2010)Human Rights Council resolutions on the Elimination of Discrimination against Women (2009; 2010): ask States to revoke laws discriminating on the basis of sex, remove gender bias in the administration of justice and ensuring the participation of women in decision making in all the different sphere of life (political, social and economic)Human Rights Council Resolution on accelerating efforts to eliminate all forms of violence against women: Ensuring due diligence in prevention (2010): underlines the States’ obligation to exercise the “due diligence” to prevent, investigate, prosecute and punish the perpetrators of violence against women.
11iii. EU approach EU Commitments on Justice and Democracy Treaty of the European Union:European Consensus on Development (2006)EC Communication on Gender Equality and women empowerment (8 of March 2007)EU Guideline on Violence against women and girls (2008)EU Comprehensive approach to implementing UNSCR (2008)European Instrument for Democracy and Human Rights – EIDHR (2006; 2010)Council conclusions on Democracy Support in the EU’s External Relations (2009)EU Strategic Framework on Human Rights and Democracy (2012)Treaty of the European Union: Art 21 of the Treaty of Lisbon reaffirmed the EU determination to promote human rights and democracy through its external action.European Consensus on Development (EUD): Gender is one of the 5 principles of Development Cooperation; should be mainstreamed in all development programs.European Instrument for Democracy and Human Rights - EIDHRLegal Basis of the EIDHR (December 2006), Strategy Paper (December 2006), Strategy Paper (December 2010)Strong consideration of gender issues (gender mainstreaming; gender equality; women empowerment; women participation and women political representation; women’s rights and violence against women and ad-hoc references to peace and security (transitional justice, oversight of security sector, humanitarian law, etc.)Scope in supporting democracy:(a) promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:(vi) promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;Council conclusions on Democracy Support in the EU’s External Relations974th EXTERNAL RELATIONS Council meeting Brussels, 17 November 2009EU efforts aim at contributing to sustainable development, respect for human rights, democratic governance, security, poverty reduction and gender equality.The following common values, norms and central principles form the basis of The EU Agenda for Action on Democracy Support in EU External Relations:The ability of men and women to participate on equal terms in political life and in decision-making is a prerequisite of genuine democracy. The promotion of gender equality and women’s rights is not only crucial in itself but is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs.Democratic and participatory governance and the free will of the people can best assure the right of men and women to live and raise their children in dignity, freedom from hunger and from the fear of violence, oppression or injusticeDemocracy is inextricably linked to the full respect of all human rights, including gender equality.EU Strategic Framework on Human Rights and Democracy (June 2012)Human rights, democracy and rule of law as principles that underpin all aspects of the internal and external actionPromotion of Freedom of expression, opinion, assembly and association without these rights democracy cannot exist; Combating discrimination on grounds of gender, sexual orientation, ethnicity, age, et….; Campaign of the rights and empowerment of women in all contests through fighting discriminatory legislation, gender-based violence and marginalization”.Fair and impartial administration of justice is essential to safeguard human rights. Promote the right to a fair trial and equality before the law. Fight against impunity for serious crimes to the international community, including sexual violence committed in connection with armed conflicts, including through its commitment to the International Criminal Court.A vigorous and independent civil society is essential to the functioning of democracy and implementation of human rights.Outcome 5. A Culture of Human Rights and democracy in EU External ActionAction 5. a) Provide training on Human rights and democracy for all staffAction 5. b) Network of focal points on human rights and democracyOutcome 6. Effective Support to DemocracyAction 6. a) Adopt Democracy reports and plans of action on the 1st generation pilot countries identified by the Council conclusions December 2010Action 6. b) Identifying a 2nd generation of pilot countries building on the experiences from the 1stAction 6. c) Develop EU joint comprehensive democracy support plans and programmesAction 6. d) Systematize follow-up use of EU Electoral Observation Mission and their report in support of the whole electoral cycleOutcome 7. A standing Capability on Human Rights and democracy on Human Rights and Democracy in the Council of the EUOutcome12. Reflect Human Rights in Conflict Prevention and Crisis management activitiesAction12. b) Systematically include Human rights , child protection, gender equality in the mandates of the EU missions and operations and in their benchmarks, planning and evaluationAction 12. c) Operationalise the EU comprehensive approach on implementing UN resolution 1325 and 1820 on Women Peace and Security.Outcome 13. Entrench human Rights in counter-terrorismAction13. a) Guidances on Human rights in counter-terrorism activities: including respect to the due process: Presumption of innocence, fair trial, right to defenceOutcome 14. Ensure Human rights underpin the external dimension of work in area of Freedom, Security and Justice” (FSJ)Action14. c) ensuring that human rights issues including women enjoyment of human rights are taken into account in FSJ Sub-Committees with third countries.Outcome 17 Eradication of torture, an other cruel, inhuman or degrading treatment or punishmentOutcome 20. Protection of the rights of women, and protection against gender-based violenceAction 20. a) Campaign on political economic participation of women with special focus on countries in transitionAction 20. b) Support relevant initiatives against harmful practices, in particular FGMAction 20. c) Promote the prevention of early and forced marriages affecting childrenAction 20. d) Implement the nine specific objectives of the EU plan of action for gender and women empowerment in developmentIndicator 20. e) Support initiatives, including of civil society, against gender based violence and feminicideOutcome 26. Administration of JusticeAction 26. a) Campaign of justice, focusing on the right to a fair trialAction 26. b) Ensure monitoring of important human rights related trials, in particular trials against human rights defendersOutcome 27. Responding to violations: ensuring accountabilityAction 27. a) Promoting ratification of the Rome statuteAction 27. b) Given states’ primary duty to investigate grave international crimes, promote and contribute ti strengthening the capacity of national and judicial systems to investigate and prosecute crimesAction 27. c) develop policy on transitional justice , so as to help societies to deal with the abuses of the past and fight impunity
12EU Gender strategy EU Gender 3 pronged approach Political and policy dialogue on gender equalityGender mainstreaming in all sectors and levelsSpecific strategic actions for gender equityThe EU Strategy on promoting gender equality in development cooperation consists of a 3 pronged approach:• integrating women, peace and security issues in its policy and political dialogue with partner governments;• mainstreaming a gender approach in its policies and activities; and• supporting strategic actions targeting the protection and empowerment of women.The ‘EU Plan of Action on Gender Equality and Women’s Empowerment in Development ( )’ (EU GAP) is an operational framework to enhance the implementation of the existing EU policy frameworks and to ensure accountability. It requires annual reporting to the Council for Foreign AffairsThis EU Gender Action Plan (GAP) is based upon:The European Consensus on Development (2006): Gender equality is a principle of development policy and a goal in itself, as a fundamental human right and question of social justice. It is key prerequisite to poverty reduction and for achieving the MDGs and core part of all strategies.The Communication of the EC on Gender Equality and Women Empowerment in Development Cooperation (8 March 2007): Based on a twin-track approach consisting of gender mainstreaming in order to pursue changes in political dialogue, in development cooperation and in capacity building of the EU, and promote gender specific actions in the areas of governance, employment & economic activities, education, health and gender-based violence.The EU guidelines on violence against women and girls and combating all forms of discrimination against them (2008): Marking EU’s clear commitment to take women’s rights as a priority for long-term action to prevent violence against women and girls, to protect and support the victims, and to prosecute perpetrators. It requires annual reporting to the Council for Foreign AffairsThe Comprehensive approach to the EU implementation of the UNSCRs 1325 and 1820 on Women, Peace and security (2008): Ensure that EU’s external actions are shaped to protect women from violence and to contribute to increased equality between women and men during and after armed conflict and in fragile states. The strategy is a three-pronged approach: dialogue, gender mainstreaming and specific actions. A set of indicators to hold responsible staff accountable for the implementation was approved by the EU Council in These 17 indicators have to be used for annual reporting to the Council for Foreign AffairsThe EU GAP includes a specific related to objective to combating gender-based violenceSpecific Objective 8: Strengthen EU support to partner countries in combating gender-based violence and all forms of discriminations against women and girlsAction 8.1 Offer an ad hoc online course for EU HOMs and Delegations' and MS’ staff on how to implement the EU guidelines on Violence Against Women, and Girls and Combating all Forms of Discrimination against them, from the perspective of external assistance.Indicator By 2011 at least 50% of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them.Indicator By % of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against themAction 8.2 Increase EU support for NSAs on the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against themAction 8.3 Systematically involve women’s rights networks and organisations in consultations on the launch of local call for proposals in the area of human rights.Indicator The thematic programmes and instruments (European Instrument for Democracy and Human Rights, Investing in People etc) will support NSAs to implement the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them.See complete document:EU-Gender Action PlanSpecific Objective 8: Strengthen EU support to partner countries in combating gender-based violence and all forms of discriminations against women and girlsTargets:⇨ Indicator By 2011 at least 50% of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them.⇨ Indicator By % of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them⇨ Indicator The thematic programmes and instruments (European Instrument for Democracy and Human Rights, Investing in People etc) will support NSAs to implement the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them
13iv. Gender dimension of justice: Legal Frameworks Areas of marginalizationDomestic violenceWorking environmentEthnicityInheritance lawsCitizenship and family lawsSexual and reproductive rightsWork paysviolence perpetrated within domestic walls often not consideredsexual harassment laws (lack of protection laws)discrimination based on being from a certain tribe or indigenous groupin particular related to property and landInequalities related to marriage, divorce, custodyright to abortion, rights to maternity leave, HIV related information and treatments, etc.equal pays for equal work, equal treatment, equal opportunitiesSubstantive areas of marginalization of women from the justice cycleLegal frameworks have made substantial steps forward in the last decades, in particular through the new wave of constitutions. New democracies use highly inclusive and protective legal text as guarantee of legal rights of women and theory on equality between women and men. But sometimes law enforcement and regulations differs, sometimes witnessing inheritances of traditions and customary laws, cultural or religious dictates against gender equality.Areas of discriminationDomestic violence (violence perpetrated by husbands/fathers within the domestic walls are often not considered in laws)Indeed, in many countries marital rape is still not criminalized (ex. Albania, Russian Federation, Norway, Laos, China, Japan, Algeria, Egypt, Syria, Tunisia, Uruguay, Haiti, India, Sri Lanka, Angola, Benin, Cameroon, guinea, Madagascar, Mozambique, Zambia [source: OHCR 2011].Safe working environment: sexual harassment laws (lack of protection laws in case of sexual harassment on the workplace)Ethnicity (discrimination based on being from a certain tribe or indigenous group)Inheritance laws, in particular related to property and land (women are not entitled to receive inheritance – principle of primogeniture; women cannot administrate lands or houses). Moreover, when women cannot have control on lands of their passed husbands, this may have direct impact on the ability to provide sustentation, when the woman is the sole provider for the family.Armenia: Family Code provides that property obtained during the time of the marriage is considered joint property to be divided equally upon divorce, intangible assets such as work-related benefits are not included in this regime. The Committee is further concerned that there is no mechanism for post- divorce spousal supportUganda: customs and traditional practices, prevalent in rural areas, prevent women from inheriting or acquiring ownership of land and other property.[Examples from “Equality Now: A report drawing from the Concluding Observations of the Committee on the Elimination of Discrimination against Women, May 2011]Discriminatory citizenship and family law (women married to foreigner are not protected under the law of their country): Inequalities persists related to marriage, divorce, custody of children: in the private sphere indeed the State is less willing to influence: this results in systematic violations of human rights from family members,Egypt: Legal provisions relating to personal status, in particular concerning marriage, divorce, the custody of children and inheritance, do not provide equal rights for women and men. In this respect, the Committee expresses its concern at “urfi” marriages and at the precarious situation of Christian women married to Muslim men with regard to divorce, custody and inheritance. In this issue, women who seek divorce by unilateral termination of their marriage contract (khula) under Law No. 1 of 2000 can only obtain such a divorce if they forgo alimony and return their dowry. There is an international concern that the lack of provision for the equal distribution of marital property upon divorce leads to the economic vulnerability of the wife.India: the social acceptability of early marriages has negated the implementation of the Child Marriage Restraint Act. In addition, it is concerned that this Act penalizes the offender but does not render the marriage void, purportedly to avoid illegitimacy of any offspring of such union, which stands in contradiction to the purpose of the Act and is a violation of the rights of the married child.Ghana: it is more difficult for foreign spouses of Ghanaian women to acquire Ghanaian citizenship than it is for foreign spouses of Ghanaian men to acquire citizenship.Guinea-Bissau: prevalence of harmful traditional practices under customary law in Guinea-Bissau, including early and forced marriage, polygamy and levirate marriage, which violate the human rights of women and girls.Tanzania: Marriage Act fixes legal age for marriage at 18 years old for male and 15 for female (against Convention of the Rights of Children – amendments to the Marriage Act purports to establish the legal minimum age for both girls and boys at 18 years has being proposed)Sexual and reproductive rights: right to abortion, rights to maternity leave, HIV related treatments and information etcGuyana: The low minimum age of sexual consent (13 years) puts young women and girls at particular risk of becoming victims of sexual exploitation and infection with the virus.Brazil: High number of unsafe abortions, the punitive provisions imposed on women who undergo abortions and the difficulties in accessing care for the management of complications arising as a result.Work: equal pays for equal work, equal treatment, equal opportunities.Brazil (absence of legislation) High level discrimination faced by women in employment, as reflected in the enduring wage gap that increases with their level of education, occupational segregation and fewer opportunities for career advancement. In this framework, it is to be noted the difficult situation of women domestic workers, principally women of African descent, who have been generally excluded from the protection of labour law and are vulnerable to exploitation by their employers, including sexual abuse.
14Strategies to enhance the creation of non-discriminatory legal frameworks Capacity building on CEDAW (Reporting)Shadow reports on CEDAW (Awareness raising)Capacity building on CEDAW (Reporting): Every 4 years countries which have ratified the CEDAW must submit a comprehensive report on measures taken to comply with the obligation of the Convention. The CSW has elaborated guidelines to help Countries in reporting (SeeRole of shadow reporting on CEDAW with awareness raising: By submitting their own reports to the Committee, NGOs can help CEDAW Committee to identify issue s of women's right which may not be presented in country reports by States Parties, and to assess the validity of the reports submitted by States Parties.Capacity building for structural change – e.g. gender mainstreaming in curricula of juridical faculties of universities: women’s rights and different approach to ensure access to justice should be also ensured in the curricula of universities and specialization courses in universities, as well as bar associations and other training institutions for law officers (juridical schools; training centres etc).Specific actions targeted to eliminate the most flagrant gender discrimination in legal frameworks (e.g. of qualitative target: change of inheritance law adopted in Parliament), or to address transitional justice (e.g. specific courts for VAW in conflict situation)The problem of implementing the existing legislation. Moreover, even when a good legislation is in place, it must be implemented: the fact of having a protective law, it is not enough if it is not implemented properly. Indeed having a legal framework, which supports gender equality is a first step. Governments are also responsible for enforcing laws and the impact they have in women’s lives.Examples of Strategic litigation cases (domestic violence): Maria da Penha Fernandes vc Brazil. In this framework, legal reforms must meet the following objectives (CEDAW):Ending explicit legal discrimination against womenExtending protection of the rule of law (to domestic, private sphere in order to protect family workers, etc)Ensuring government responsibility for the impact of lawCapacity building for structural changesSpecific targeted action to eliminate the most flagrant gender discrimination in legal frameworks or to address transitional justice
15v. Gender dimension: Access to Justice Social and Institutional obstacles to women’s and girls’ access to justiceNeed for gender analysis of justice sector (micro-meso-macro), including practical and strategic gender needsBARRIERS - lack of knowledge and social pressures - autonomy: Institutional - lack of gender sensitive expertise of staff - lack of resources and basic equipments - underrepresentation of women as judicial actors - costs - lack of legal advice - distance from rural areas - bias in judicial decision-making and discrimination in proceduresPractical needs (ex. Costs and transports) Mobile courts (DRC) or transportation facilities; Free Legal Aid (Kirgizstan; Fiji)Social barriers:lack of knowledge and social pressures (women sometimes unable to reach the justice system without a male; disapproval of women speaking on their own behalf in disputes; stigma in case of sexual and domestic violence: it also happens that victims are more stigmatized than perpetrators)autonomy: women have no say in household decision, cannot travel on their own, etc;confidence in the justice system and use and local community non formal justiceInstitutional barriers:lack of gender sensitive expertise of staff (judges, prosecutors, police) and specialized courts;lack of resources and basic equipments, including laboratories for specific investigations, no council office within the Courtunderrepresentation of women as judicial actors (police, judges, prosecutors, etc);costs : of corruption, of different steps of the process and the fees for forensic examinations or proofs;lack of legal advice (usually only for defendants in criminal cases, but the women have little access to legal advice and representation in civil cases ;distance from rural areas (implying days of work, bringing children, and cost of travel);language (only the main official language of a country; often no dialect or languages of ethnic minorities are spoken in courts);bias in judicial decision-making and discrimination in procedural aspects (in some countries women’s testimony count half weight of men’s testimony – Iran; the racial identity of the victim on credibility of the victim/testimony)Examples on how to overcome barriers:Practical needs (ex. distance and costs)Mobile courts (DRC) or transportation facilities: mobile courts bringing justice closer to remote areas (Somaliland; DRCFree Legal Aid (Kirgizstan; Fiji): Legal Aid: practical advice and support to women victims of domestic violence (Ex Fiji Women’s Crisis Centre) - importance of the role of the civil society; legal clinics in Kirgizstan providing support in Land accessStrategic needs (ex. gender sensitive expertise; social pressure)Gender desks: (Ex. India protection officers at district level, responsible to file domestic incident reports for women and facilitate their access to courts and support services) ; desk office for domestic violence (Argentina), family courts (Morocco)One-stop shops: integrating services tailor made to women, in particular victims of assaults and violence ((ex Thuthuzela Care Centres in South Africa)Capacity building for justice staff (to change the culture of staff through specific gender training and awareness for staff - police, judges, lawyers; etc, staff trained to deal appropriately with women victims, testimony as well as perpetrators)Note: General entry points on JusticeEnsuring Legal protection (domestication of international standards; harmonization of national legislation; capacity building to regulatory bodies; support women working in and foster participation of women in the justice sector; ensure dialogue with traditional actors to guarantee the respect of women’s rights)Targeted legal awareness and security issues (Women empowerment on their rights and how to access justice; awareness bust be targeted, taking into account protective measures; importance of media in divulgating information and not reproducing gender stereotypes; raising awareness of men on women’s rights; government officials must be trained as well in gender-sensitive access to justice; involve paralegals professionals but with specific training to attend and give guidance to victims)Women friendly legal aid and counsel (trained personnel on how to attend GVB victims and women need; women targeted services; cost-free; support women participation in legal career; considering protection needs adequately, including psychological support, health care, children care, financial support; specific services demand oriented for mew and women.Justice chain more gender oriented and its enforcement: (Organizations and procedures; support the establishment of specific investigative forensic and procedure for women victims of violence; Specialized courts; ensure trainings, sensitization of all justice actors in women’s rights and need; readapt and re-invent structures for women’s need – gender desks, prisons, etc; women service providers; gender responsive policing and judicial decision making; support special procedures to investigate GBV, Family units also at community level; special provisions for girls; support women in the justice chain;Gender sensitive transitional Justice (facilitate the participation of women in setting up provisions of TC; participation to Peace negotiations.Strategic needs (ex. Gender sensitive expertise; social pressure) Gender desks (India) One-stop shops: integrating services tailor made to women, in particular victims of assaults and violence (South Africa) Capacity building for justice staff
16Gender mainstreaming in structures and organizations Institutional structures and procedures are often not adequate to take over women’s specific needsGender mainstreaming in structures and organizationsA. Organizations and proceduresA. Organizations and procedures: standardized protocols and procedures to enforce law and mechanisms and ensure coordination among different parts of the system ; adequate funding and monitoring system; specific provisions for domestic violence (legal aid, psychological care; keep statistics and regular reports; free post rape medical care; prevention and awareness and care related to HIV infection; training and awareness for local officialsB. Women service providers: women’s police station (Ex Latina America 134 countries have women’s police stations; Brazil 450 Delagacias Especiais de Atendimento das Mulheres . special women police station dedicated to raising awareness on violence against women and this increasing reporting from women); gender desks (Ex. India protection officers at district level, responsible to file domestic incident reports for women and facilitate their access to courts and support services)C. Specialized courts: mobile courts bringing justice closer to remote areas (Somaliland; DRC); specialised domestic violence courts (Brazil, Nepal, UK, Spain; US ); desk office for domestic violence (Argentina), family courts (Morocco)Example Brazil:Special Criminal courts (Juizados Especiais Criminais) represented a form of alternative dispute resolution to provide solutions for minor offences but 60-80% of plaintiffs were women, mainly for domestic violence reasons. As so, most domestic cases were decriminalized. It happened that women seriously wounded by her husbands were again threatened and violated/beaten again and again. Also recognizing the negative impact of this system (Brazil passed the Maria da Penha Law on domestic and family violence, excluding compulsory conciliation and introducing specific courts and staff for domestic and family violence imposing adequate penal sentences and protective orders – Litigation Case Maria da Penha.)It is important to undertake a gender sensitive impact assessment of laws, in order to understand how laws will impact on women’s need.D. Gender responsive policing and judicial decision making : to change the culture of service providers, gender training for staff (police, judges, lawyers; etc- staff trained to deal appropriately with women victims, testimony as well as perpetrators ); more representation of women in justice chain; police, paralegals, judges, prosecutors (positive correlation between women’s representation in the police and reporting of sexual assaults; specialized training and discussion among judges to build understanding and commitment on gender equality; education programmes to change myths and gender stereotypes including judges, ngo, health care professionals, in which judges are encouraged to explore the reasons behind their decisions , social context and barriers women face; training for Judges and magistrates on Human rights laws); monitoring programmes (ex US: women presence in courtrooms to hold justice system accountable for protecting women and ensuring victims safety)Example Kenya: Using international law to overcome discrimination in inheritance practices in KenyaRe Wachokire, Succession Cause No. 192 of 2000, Chief Magistrate’s Court at Thika, August 19, 2002Jane Watiri petitioned the court to award her one half of a parcel of land that belonged to her deceased father on which she lived with her four children. Her brother objected, arguing that he had cultivated a larger portion of the land during his father’s lifetime than his sister and therefore was entitled to that larger portion. Senior Principal Magistrate H. A. Omondi found that under Kikuyu customary law, an unmarried woman like Watiri lacked equal inheritance rights because of the expectation that she would get married. Magistrate Omondi held that this customary provision discriminated against women in violation of Section 82(1) of the Kenyan Constitution, which prohibits discrimination on the basis of sex. It also violated Article 18(3) of the Banjul Charter and Article 15(1)-(3) of the Convention on the Elimination of All Forms of Discrimination Against Women, which provide for legal equality between men and women. Consequently, Magistrate Omondi awarded Watiri and her brother each an equal share of their father’s property.[Source: Shelby Quast. “Justice Reform and Gender.” Gender and Security Sector Reform Toolkit. Eds. Megan Bastick and Kristin Valasek. Geneva: DCAF, OSCE/ODIHR, UN-INSTRAW, 2008.]B. Women service providersExample Kenya: Using international law to overcome discrimination in inheritance practicesC. Specialized CourtsD. Gender responsive policing and judicial decision making
17Legal aid/representation NSAs play a key role in fostering and advocating for women’s rights and gender equality in accessing justiceMapping NSAs which need capacity building to support the process of equal access to justiceLegal clinicsNSAs (NGO, CBOs, Community associations, universities, lawyers’ associations, etc) play a key role in fostering and advocating for women’s rights and gender equality in accessing justice => Mapping NSAs which need capacity building to support the process of equal access to justiceUniversities: legal clinics,Bar/lawyers associations: legal aid/representationLocal NGOs/CBOs: Paralegal programmes and legal aid; monitoringINGO: monitoring international commitments; monitoring use of non formal justiceReligious/community leaders: Non formal justice provision **Example Fiji: Women’s Crisis CentreIn Fiji the majority of funding for legal aid supports defendants in criminal cases, with very limited or no support for victims dealing with family law cases. In Fiji 2/3 of women have been abused by their partners. The Centreprovides practical advice to women experiencing domestic violence, through counselling and legal advice and referrals to courts, police stations, hospitals, etc.carries on awareness-raising programmes among male population, providing them tools and skills to deal with cultural and religious justification of violence against women (among participants: police officers, village chiefs, church representatives, youth and community workers)*** Note: n Non Formal Justice – Legal Pluralism ***Legal pluralism presents interesting aspects to guarantee a better access to women to justice, but also is a vehicle of possible discrimination based on gender or ethnicity or religion. Thus in state where forms of legal pluralism exist, the State must ensure that the principles of justice are respected: fair trial, non-discrimination, and due process.Indeed, it can create choices and improve access of women to justice but….It often contains discriminative provisions against women (family law including marriage, divorce, custody of children; property laws; outlaw violence against violence, in particular domestic violence, usually considered a private matter; procedurally biased as state systems);it can create more complexity and uncertainty (complex overlapping systems like Israel; confusion over jurisdictional boundaries; weak infrastructure;culture and religion are more resistant to reform in favour of women’s rights (if they are recognized, the state approval on them can take time; plural legal system are interconnected with politics of identity making often reforms a contentious space; complexity makes reforms harder and longer)Recommendations (strategies for change):Constitutional equality guaranteesInternational standards: where there are discriminatory elements, states has alleged to international or regional human rights standards to change or demands for accountability to non-state systemsLegal empowermentLegal empowerment helping women to understand and participate in shaping the plural legal systems to their needs: use of paralegals trained in women’s rights located within the community (ex Pakistani Shirkat Gaah women’s resource centre in Lahore); training of legal justice providers and women improving also accountability (ex UNICEF working in Papua New Guinea village courts; The NGO PEKKA provided training to religious courts in Indonesia and lobbying for local and national government for change)Women participation:Progressive change from within: support reformers to influence changes form inside their own ethnic or religious communities (ex Latin America many indigenous women have contested bias from inside)Dialogues : facilitated to local ngo to provide women with a safe place to give voice on their concerns and injustices of the system (ex. Training fro marriage registrars relatred to minimum age of marriage; Sri Lanka dialogue with Quazi courts on marriage and divorce for Muslim population, helping judged to understand how to interpret law in a gender sensitive way; Kenya community dialogues on Land right of women helped to reinterpret traditions in a gender protective approach)NSA & Access to Justice - Universities - Bar/lawyers associations - Local NGOs/CBOs - INGOs - Religious/community leadersLegal aid/representationParalegal programmes and legal aidMonitoring (international commitments; use of non formal justice)Non formal justice provision *
18vi. Entry points for gender equality in Justice sector General Overview1.Programming:a. gender profile of justiceb. dialogue built upon common grounds (CEDAW, BfA, MdG)c. including women’s rights CSOs in dialogued. defining process and targets for domestication of international standards2.Identification:GESCi, gender mainstreamed pre-feasibility study3.Formulation:G-marker, gender mainstreamed logframe, gender impact assessment4. Implementation:Sex-disaggregated and gender sensitive monitoring system, promote equal opportunities in justice system, targets or quotas for women’s representation in justice (judges, police, etc.)5. Evaluation:Gender mainstreamed TOR, gender and justice experts in team, etc.
20Gender profile of justice: defining gender issues to be addressed 1. Programming:Gender profile of justice: defining gender issues to be addressedIn particular the inclusion of local stakeholders and gender perspectives at the earliest strategy stages and throughout the initiative must be ensured.Gender profile of justice sector: In order to better define gender issues to be addressed, a gender analysis of the justice sector can be commissioned, encompassing all the justice cycle (Prevention –Access/Litigation/courts system –Restoration/Reinsertion/Sanctions)A gender assessment is a cost effective tool for improving project performance and meeting poor people’s needs, in particular in a sensitive sector as Justice it should help to identify bottlenecks of services and discriminations based on gender and give recommendation on how to better overcome them and provide better services to the population.For the assessment, it must be taken into account that the justice sector generally extends far beyond the courts and include previous as well as following services, such as community based peace judges, alternative dispute resolution, agencies, ministries of justice, police, prosecutors,, forensic doctors, social workers, probation officers, legal aid attorneys, public defenders, law schools, bar associations, legislative committees, among others; prison system should also be taken into account as well as traditional/cultural non formal practices).The analysis (macro-meso-micro) should include:understanding the context, including customary and traditional practices which can influence the justice sector and the access to justice (understanding the root causes and effects of gender-based discrimination, violence and conflict is critical to shaping an approach that addresses gender inequities);analyzing the national legal framework (including laws and legislation and their enforcement as well as the international legal instruments ratified)Review traditional and religious laws and customs discriminatory practices, in light of national and international human rights standards.analyzing sex-disaggregated statistics on the use of judicial services by men and women, as well on cases (types of punishments for perpetrators, length of casesinterviewing justice users to asses in practice how the justice system is functioning for women and meninterviewing governmental and nongovernmental national and international organizations working with and for justice usersAssess budget and resources as well as infrastructuresAssessing the participation of the women in the system, the training institution and continuing education[See also: Lisa L. Bhansali, in “Engendering Justice: A gender Assesment’s impact on Project Design” World Bank, En Breve Serie, July No. 76;Dialogue built upon common grounds: Dialogue with the beneficiary government should be build upon international standard ratified (CEDAW, BfA, MdG), and programmes contributing to the respect of commitments acquired by the government on human rights , in particular on women’s rights .Including women’s rights CSOs in dialogue: dialogue with CSOs working on women’s rights should be also included in dialogues, so as to have a better understanding of women’s specific practical and strategic needs in the justice sector.Also, NGOs and civil society play an important role by monitoring trials, sentences and other aspects of the justice system, and by keeping the public informed on justice matters.Defining process and targets for domestication of international standards: domestication of international standards is a key factor for the sustainability of initiatives as there will be a national legal basis upon which building the capacity of the beneficiary and target of the initiative.Dialogue built upon common grounds (CEDAW, BfA, MDG)Including women’s rights CSOs in dialogueDefining process and targets for domestication of international standards
21Gender mainstreamed pre-feasibility study 2. Identification:Gender mainstreamed pre-feasibility studyGeSC-i (Gender equality Screening Checklist for Project identification Stage)Have gender equality issues relevant to the project been identified?Are the gender equality issues identified supported by reference to partner government’/EU policy commitments to gender equality?Are statistics for project identification disaggregated by sex?Has qualitative information on gender equality issues been used in the project identification stage?Does the preliminary stakeholders’ analysis clearly identify women and men stakeholders and their respective roles?Does the problem analysis provide information on the problems specific to men and women or common to men and women?Have both women and men been part of the consultative process?Is there a requirement for more-in depth gender analysis to be undertaken?Has the requirement for more in-depth gender analysis been reflected in the tor prepared for the formulation phase?A preliminary analysis of gender issues and inequalities (‘screening’) is foreseen at this stage, aimed at assessing whether or not this project promotes gender equality and empowers women. This analysis will allow to make effective and timely decisions as to how to proceed with regard to gender equality issues at the formulation stage.Gender mainstreamed pre-feasibility studyGESCi -Example: GESCi applied to a Justice Reform in XYlandia[Source: EuropeAid, “Support for Justice Reform in ACP Countries”, Tools and methods Series, Reference Document Nº9 EU ISSN Page 91-93]Example: Gender equality Screening Checklist to be used at project identification stage (GeSCi)[Source: European Commission, Reference document n°9: Support for justice reform in ACP countries, 2010]The Government of XYlandia is developing a Justice Reform bringing together all the institutions of the sector and im- proving access to justice. The Judiciary in XYlandia is largely independent but only 10% of the XYlandia population is reported to have access to the formal justice, with the majority relying on the informal justice system ( traditional au- thorities and religious leaders) for resolving dispute. Another challenge the Department of Justice is facing is to reach vulnerable and marginalised groups, particularly those in rural areas. In addition the level awareness of rights and ac- cess to justice in these areas is relatively low. The EU has decided to support to the GoXYlandia’s efforts to improve access to justice.Have gender equality issues relevant to the project been identified? Yes X no _• Comments:The main gender issues relevant to the project are the following ones:The focus of the project is on the legal services which enable the substantive Law to be invoked. From a gender perspective, women in XYlandia experience more difficult to access legal services because they are more vulnerable to low income (they do not have financial resources to take the matter to court, they find difficult and expensive to travel to courtrooms, often only located in cities). Also they have not been participants in the legal system and consequently they are more likely to find its manner and style alien. With regard to knowledge, whilst in urban areas both women and men have low knowledge of their rights to get redress for criminal and civil wrongs, in the rural areas where there are high levels of illiteracy amongst women, these one are found particularly unaware of their rights. Justice is difficult to access for both women and men who have experienced sexual violence. Most victims never report the accident because of fear of stigma, because police, prosecutors and judges consider domestic/sexu- al violence as a “private” matter. There is also a lack of security for victims. Gender based violence re- main unpunished by the informal justice as well as the gender based crimes are outside the “jurisdic- tion” of traditional mechanisms.Are the gender equality issues identified supported by reference to partner government’s/eU policy commitments to gender equality? Yes X no _Yes they are. The GoXYlandia has ratified CEDAW and it is committed to address gender inequalities as outlined in the XYlandia Growth and Development Strategy. GoXYlandia has a gender policy in place which focuses on the fight against gender based violence. The EU has a strong commitment to pro- mote gender equality and women’s empowerment and fight against gender based violence (European Consensus on Development, the EU communication on gender equality and women’s empowerment in development cooperation and the EU Guidelines on violence against women and girls and combat- ing all forms of discrimination against them).Are statistics for project identification disaggregated by sex? Yes _ no XNot systematically as in many cases data broken down by sex are not available as in the cases of the number of women and men working in the judicial organisations, or the users of the legal services.The project will address the issue of lack of baseline surveys and data.Has qualitative information on gender equality issues been used in the project identification stage? Yes X no _Some reports of CSOs working in both monitoring trials, sentences providing legal aid have been a valuable input. The CEDAW Report and the shadow CEDAW Report have also provided useful information. Anthropological work carried out by the local University on traditional justice has provided interesting insight.Does the preliminary stakeholders’ analysis clearly identify women and men stakeholders and their respective roles? Yes X no _Yes, it does. The stakeholders areA/ individuals (men and women) as potential end users of the justice systemB/ Formal justice institutions/administrationsC/ Informal justice providersD/ NGO working in the justice sectorFrom the preliminary stakeholder analysis is clear that both men and women leaving in rural areas are especially disadvantaged in accessing justice. Women result being more illiterate than men, relegate to the domestic sphere with minimal contacts in the public sphere, less expose to valuable contacts, in- formation. Also men have control of household incomes. Both women and men lack confidence in, or understanding of, the judicial system.Formal justice institutions: Women are under represented in the justice officers are not gender sensitive.Informal justice:NGOs: there are many CSOs offering services to facilitate access to justice some of them work on gender based violence.Does the problem analysis provide information on the problems specific to men and women or common to men and women? Yes X no _Yes it does. Problem analysis shows that both women and men living in the rural and remote areas en- counter barriers to access to justice at three levels: physical, financial and technical:− Physical access− Access in financial terms− Access in technical termsAlso problem analysis shows that the issue of gender based violence is not properly addressed. GoXY has a law and policy on zero tolerance on gender based violence but this policy has not been translated into gender responsive procedures and practice within the justice system. Courts lack infrastructure, capacity and expertise to prosecute gender based violence: there are no effective witness and victim protection programmes, staff specially trained to give support to victims; properly equipped forensic labs and trained personnel, and the involvement of women’s organisations and social and health workers in providing assistance to victims. Dispute involving sexual or gender based crimes are outside of the traditional justice mechanisms.Have both women and men been part of the consultative process? Yes X no _Yes they have been. Women’s organisations have been actively involved in the consultative process. Focus groups exclusively composed respectively of women and men took place on the issue of GBV.Is there a requirement for more-in depth gender analysis to be undertaken? Yes X no _Yes there is. As gender issues and gender equality are particularly relevant within this project an in depth gender analysis will be carried out at formulation phase.Has the requirement for more in-depth gender analysis been reflected in the tor prepared for the formulation phase? Yes X no _The formulation phase will focus on an assessment of the institutional capacity to deliver justice services in a gender sensitive manner and determine the likely costs on including gender equality objectives in the project and the likely costs to stakeholders (funds, time, skills).
22Gender impact assessment 3. Formulation:Gender impact assessmentGender mainstreamed logframeG-markerGeSC-f (Gender equality Screening Checklist for Project Formulation Stage)At this stage it is necessary to include systematically all gender equality issues relevant to the project. In order to do this and on the basis of the review and assessment carried out at the identification stage, it may have been decided to carry out a full-scale gender analysis during the formulation stage. The results of the gender analysis will be summarised in the project logframe (See Chapter 6 of the Toolkit for frameworks and tools used for gender analysis and for developing the Gender Mainstreamed Logframe).Gender impact assessment (gender mainstreamed ToR)Gender mainstreamed logframeG-markerGeSC-f (Example: GESC-f applied to a Justice Reform - See annexe Exercises)[Source: EuropeAid, “Support for Justice Reform in ACP Countries”, Tools and methods Series, Reference Document Nº9 EU ISSN , Page 91-93]Gender equality Screening Checklist (GeSCf) to be used at the project formulation phaseHas a full scale gender analysis been done during the formulation stage? Yes X no _• Comments:Yes. The full gender analysis has provided an in depth insight of all gender related barriers in accessing justice and have allowed to identify strategic entry points and activities to integrate into the justice reform with a special focus on access to justice and judicial procedures and practice to address gender based violence.Have gender equality issues relevant to the project been identified? Yes X no _Yes. To address the main gender related barriers in accessing justice in rural and remote areas and in access to justice and judicial procedures and practice to address gender-based violence the following measures have been proposed:Legal services: improve physical access to justice in rural areas by the setting up of travelling courts; in- crease the number of women in all justice delivery agencies, reserve specific quotas for women in the recruitment of judiciary police officers, the human rights Commission, in cooperation with CSOs, will develop civic education programme especially for vulnerable women and men to improve awareness of rights and how to assert those rights. Para-legal personnel will be put in place to build legal literacy, including teaching people how to access the judicial system. Paralegals will work with traditional leaders in rural areas to help traditional leaders to understand the practical impact of law reforms and inter national obligations, especially when they are in conflict with traditional laws and practices. Civil society and NGOs establishing a link between the justice system and communities and offering services to facilitated access to justice will be supported.Are the gender equality issues identified supported by reference to the partner government’s/EU policy commitments to gender equality? Yes X no _Yes they are. The Government of XYlandia has ratified CEDAW and it is committed to address gender inequalities as outlined in the XYlandia Growth and Development Strategy. GOXYlandia has a Gender National Policy in place which focuses on the fight against gender based violence. The EU has a strong commitment to promote gender equality and women’s empowerment and fight against gender based violence (European Consensus on Development, the EU communication on gender equality and women’s empowerment in development cooperation and the EU Guidelines on violence against women and girls and combating all forms of discrimination against them).Are the statistics used for the project formulation disaggregated by sex? Yes X no _Partially, as often data broken down by sex are not available. The project foresees that the Ministry of Justice in collaboration with the Ministry of Gender would establish a working group to develop monitoring indicators for gender and access to justice and improve availability of data broken down by sex.Have qualitative information on gender equality issues been used in the project formulation phase? Yes X no _Some reports of CSOs working in both monitoring trials, sentences and providing legal aid have been a valuable input. The CEDAW Report and the shadow CEDAW Report have also provided useful information. Anthropological work carried out by the local University on traditional justice has provided interesting insight.Has the logframe been engendered? Yes X no _Yes. Amongst the objectives the project wants to achieve appear the removal of the gender related barriers in accessing to justice, the indicators are broken down by sex and gender sensitive indicators are included as well.Do the management systems established by the project respect the principle of gender equality and equal opportunities? Yes X no _Gender balance will be encouraged in the management structures of the project as well as in the technical assistance supported by the project.Have all factors potentially affecting the sustainability of gender equality actions been thoroughly addressed? Yes _ no XYes they have been explored. However the project is not able to address some strategic needs for women. The project will facilitate women’s access to justice BUT whilst the law itself is discriminatory against women, this issue cannot be tackled as the reform of the law is out of the scope of this project.The improvement of the monitoring system from a gender perspective will allow lasting results.Has a full scale gender analysis been done during the formulation stage?Have gender equality issues relevant to the project been identified?Are the gender equality issues identified supported by reference to the partner government’s/EU policy commitments to gender equality?Are the statistics used for the project formulation disaggregated by sex?Have qualitative information on gender equality issues been used in the project formulation phase?Has the logframe been engendered?Do the management systems established by the project respect the principle of gender equality and equal opportunities?Have all factors potentially affecting the sustainability of gender equality actions been thoroughly addressed?
23Sex-disaggregated and gender sensitive monitoring system 4. Implementation:Sex-disaggregated and gender sensitive monitoring systemEqual opportunities in justice systemIt is necessary at the implementation stage to review continuously progress towards project objectives, which also reflect gender equality issues, and to monitor results, activities, outputs and outcomes using gender-sensitive indicators.sex-disaggregated and gender sensitive monitoring system: identification of baselines to be able to monitor progress and set up gender sensitive monitoring indicators for justice system, using sex disaggregated data collection; support women NGO and CSO for monitoring activities; support women’s participation in security programmes; support parliamentary oversightpromoting equal opportunities in justice system: Form the side of the demand of justice, equal should ensure to both convicted or suspected of a crime, as well as to victims fair treatment throughout all the process, including in accessing the justice system, without regard of gender, age, ethnicity, etc. From the side of the offer of justice, equal opportunities should also ensure to both women and men an equal access to the system as law workers, lawyers, judges, police, prosecutors, etc. In general word, the importance of equal opportunity in justice resides on the fact that it promotes public confidence in the justice system.targets or quotas for women’s representation in justice (judges, police, etc): indeed, the presence of women in all the justice cycle contribute to facilitate access to justice for women, especially those coming from more vulnerable groups. Indeed, representation of women in the judiciary is critical for promoting greater equality, improving the status of women and ensuring a more gender-sensitive administration of justice (see also: WomenWatch, Report of Online Discussion, Women in Leadership Roles, Coordinated by Division for the Advancement of Women, Department of Economic and Social Affairs, United Nations, 19 November to 15 December 2007.)Targets or quotas for women’s representation in justiceEqual access to justice
24Gender mainstreamed TOR 5. Evaluation:Gender mainstreamed TORGender and justice experts in teamThe evaluation criteria used in EC-funded evaluations are closely linked to the logframe. The criteria used are relevance, efficiency, effectiveness, impact and sustainability.gender mainstreamed TOR (including engendered evaluation criteria)gender and justice experts in team, etc. (+ example)EvaluatorsSelecting the Evaluation Team:at least one of the evaluators of the team shall have expertise in gender & justiceat least one of the evaluators of the team shall have a good understanding of country context, including any traditional/cultural non formal justice practicesCarrying out the evaluation:evaluators shall be briefed on relevant gender issues and provided with background documentation, including literature and documentation relevant to gender equality issues and EC policy documents on gender equalitymethodology proposed by experts shall include a clear description on how evaluators will measure the differential impacts of activities and interventions on women and menevaluators shall clearly describe how the views of female beneficiaries be sought in a culturally appropriate manner (especially important for GBV; also. in certain cultural settings, men will be not admitted to talk with women or should not, etc)
25vii. Gender analysis of Democratization Opportunities Better mainstreaming of gender needs in all policies and sectors Enhanced media role in considering gender issues Political parties considering gender issues in programmes Social acceptanceObstacles Regulatory framework Resistance from traditional cultures Women’s multiple roles /reconciliation family and professional lifeMacro level:a) study of society’s legal and regulatory framework;b) study of the government’s budget from the point of view of how it impacts on males and females (gender budget analysis);Meso level: Structure of services on the offer side, delivery of services and opportunities for participation to democratic process and how they can different affect women and men; including intermediate organizationsMicro level: analyze women’s right to participation and presence in decision making at family and community leve; how culture and traditions impact in their access to representative and participatory democracy; study the nature of the typical household division of labour between males and females and its implications for access to resources and hence to services by male and female household membersmacro-meso-micro analytical frameworkParliament, GovernmentmacroDistrict/provincial government (service offer); public and private institutions, labour market; intermediate NGOSmesoLocal government; grass roots organizations; companies; communities, families (service demand)micro
26Example: Barriers to women’s participation in elections Democracy: “A system of government by and for the people. Literally means ‘rule by the people’. At a minimum democracy requires(a) universal adult suffrage;(b) recurring free, competitive and fair elections;(c) more than one serious political party; and(d) alternative sources of information.It is a system or form of government in which citizens are able to hold public officials to account”[International IDEA]Representative democracy (political parties; elections; parliaments)Political parties and parliaments: Equal participation and representation in politics should be a constitutional concernWomen face specific obstacles in voting, in standing for election and in having gender equality issues discussed as election issues. CEDAW article 4 provides a legal base for temporary specific measures to increase women’s representation on decision making levels (quota systems, positive discrimination, affirmative action).The low but increasing participation of women to politics shows that Women still face problems in participation to political life, but that Women do find sources to support their candidacyElectoral systems and processes: the political system will define the rules of the game in elections.Parliaments shall also foster the reconciliation of family and professional life of parliamentarians.Example:Barriers to women’s participation in elections:Patterns of gender discrimination (perceptions of women’s rolePsychological barriers (women internalized gender bias and nay hesitate to compete in certain male dominated spheres)Lack of political will (within parties for example)Lack of network (for campaigns fund, for supports etc)Incumbency: systems favourite incumbent candidates, namely menSecurity (in some context it can be more risky to be candidate),Fragile democracy: in post conflict situation ensuring women’s participation may appear a secondary issue, and financing women’s participation less important than other more priority issuesCosts of campaignsSome recommendations for political parties:Conduct assessment studies at the stage of designing party programmes;Understand the candidate selection and recruitment process from genderperspectives and bring talented women on board;Conduct focus group meetings and interviews to find out about what the party thinks about women issues and present the data officially to the party leadership in a convincing manner and as a special interest for inclusion in party Manifestos, Code of ethics/Internal party regulations and party nomination process, Guarantees for women.Participative democracyAccess to information and media role: Access to information provides channels to participation as well as to monitor and oversight institutions; media also has a potential to monitor and denounce the systemCivic participation: a key issue will be to promote the organization of women’s organization and network, which will be able to advocate for their rights and more representativeness of their rightsRepresentative democracy Political parties, elections, parliamentsExample: Barriers to women’s participation in electionsParticipative democracyAccess to information and media roleCivic participation
27viii. Strategies to promote gender equality in democratization processes a. Women’s empowermentb. Awareness raising among political partiesc. Capacity building for gender mainstreaming in governmental institutionsd. Gender budgeting in state reform and decentralisatione. Quotasf. Role of Women’s Machinery to promote gender equality through democratisation processes
28Strategies to promote gender equality in democratization processes (a) Women’s and citizens empowermentCapacity to participate in elections and electoral reforms Active participation and networking Capacity to engage policy information and claim rights Capacity to monitor/oversight parliamentCapacity to participate in elections and electoral reformstraining of candidates and advocates;trainings related to leadership, communications and media, including use of new ICTdirect support, especially for poor countries;research on gender issue in financing campaign;promote understanding of international human rights, CEDAW and MDG and the way gender roles perpetuate discrimination;supporting women and marginalized group in running for elections;support the understanding of monitoring and lobbying activities;Active participation and networkingInform women’s rights organizations on Human rights and international commitments such as CEDAW;Strengthening the capacity of civil society groups such as editors, journalists, academics in conducting gender analysis;Raising awareness and the capacity of journalists and editors on how to give voice to women’s issues;Supporting pro-poor interactive broadcasting communication to avoid communication exclusion and raise women awareness on their rights and right to information;Media training for community based organizations, in particular women’s groups: monitor government commitments in gender equality and women’s empowerment;Using E-government as advocacy tool to provide access to information about women’s legal rights, etc.Capacity to engage policy information and claim rightsraising awareness and knowledge of local community groups on human rights systems and country’s obligations;linking MDG at the local level with tools to emphasize gender in local planning processes and budgeting;Capacity to monitor/oversight parliamentcreating opportunities supporting civil society groups,supporting interactions with parliamentarians and parliamentary committees (hearings, etc);supporting the capacity of civil society organizations in conducting gender analysis and using them in different areas, so that they can evaluate the impact of proposed legislation on gender equality;trainings on the functioning of parliamentary system and suggesting ways to engage their representatives in ensuring that legislation is gender sensitive;supporting women’s and women’s organizations in budget analysis skills form gender perspective;supporting civil society organizations in over sighting and monitoring the commitments of the government of international conventions and agreements.Example:The Women in Parliament project (December 2001–June 2003) aimed to enhance women’s participation in elections both as voters and candidates. Participation at meetings organised around their concerns enhanced women’s self-confidence and sense of self-worth. It also changed men’s perceptions of the capacities and role of women. Not only did male candidates become increasingly aware of women as a constituency, and of the need to address their concerns in order to win votes, but the enhanced self-confidence of women began to have an impact at the domestic level in terms of shared decision-making in the household and family.Women became aware of the need to be informed of specific gender disparity issues as well as broader social, economic and political issues if they wished to stand for election or even to enhance their role in the community. They realized it was no longer enough simply to be a woman candidate.Both men and women became more legally literate and gained a better understanding of the centrality of gender equality to the democratic process.Adapted from Gender Equality in Development Co-operation: from policy to practice – the role of the European Commission (European Commission, DE 119, September 2003).Example Women in Parliament project
29Strategies to promote gender equality in democratization processes (b) Awareness raising among political partiesUNDP Key suggestions to political parties for including more women in the political process:Adopting a statement on gender equality in the party’s founding documents;Internal quotas for women’s participation and candidature;Setting targets for female participation in party conventions. Can include separate forums for women;Establishing women’s wings and sections within parties;Ensuring that gender is included in all of the party’s policies;Ensuring women are allocated safe seats;Working with civil society organizations to oversee the implementation of quotas;Expanding and training the pool of women candidates;Sharing experiences with other parties across countries and regions;Providing training to women candidates in such skills as fundraising, message development, media relations and communicating with voters;Training and promoting women in campaign leadership positions (e.g. in campaign management);Ensuring women’s visibility in the campaign by providing additional media exposure;Identifying and disseminating party positions that are priorities for women, which could also attract more women’s votes for their party;Monitoring elections, including by recruiting women as party agents to be present at polling stations, particularly if those polling stations are allocated for women only; andProviding information to voters that include specific messages highlighting the importance of women’s votes and women’s right to vote as equal members of society.Raising awareness among political parties for the promotion of women’s active political participation15 Key suggestions to political parties for including more women in the political processEnsure implementation and placement in winnable positions (to strengthen internal quotas):Zebra’ or ‘zipper’ lists where men and women alternate throughout the lists of candidates (Sweden, Costa Rica)Place women at the top of their lists (Indonesia 2009)Funding and women Candidates:France: public funds will be reduced if 50 percent of party candidates are not womenBurkina Faso: parties will receive an increase in public funding if 30 percent of its elected candi- dates are womenMexico: two percent of public funds must be used to empower women
30Strategies to promote gender equality in democratization processes (3)
31Strategies to promote gender equality in democratization processes (c) Capacity building for gender mainstreaming in governmental institutionsPublic administrationDecentralization and local governanceParliamentary DevelopmentElectoral bodiesPublic administration: in general terms there is a certain lack of understanding the impact of decisions and legislation or regulations on women; gender sensitive assessment should be a procedure in legislating as well as in regulating PA activities.civil service: improve effectiveness of persons and organizations (training, reorganization, change management) on gender equality, gender-based discrimination, etc.women’s machinery: special bodies to coordinate gender and women’s issues (see below) (national coordination authorities set up by states to follow up international commitments regarding gender issues)gender budgeting: restructuring revenues and expenditures to promote gender equality (see below)Building the capacity of Public service administration (civil service; women’s machinery; gender budgeting):raising awareness of ministries and other bodies on human rights system an d country commitment on gender;strengthening the capacity of public servants –men and women –in gender analysis across government institutions, helping to redress gender-based causes of discriminations: assessing civil service models from the perspective of women’s empowerment and gender equality;supporting civil service programmes promoting gender balance, equal pay and promotion and addressing gender stereotypes;assess gender impact of public administration reforms;monitoring and evaluating the gender impact of new tools for public administration (e-government);supporting exchange of experiences among governments;strengthen national machineries for women, enhancing national capacity to meet obligations related to women empowerment and gender equality;supporting national audit and monitoring bodies (ombudsman; auditors, employment commissions, etc) in their capacity to monitor funds allocated and spent fir efforts in gender equality; support gender sensitive works environments.Decentralization and local governance: the dispersal of power through decentralization could further complicate the scenario for women; even if, from one side, the knowledge of the territory could be an advantage, on the other side, rooted gender roles and traditions could represent obstacles to the participation of women as well as to the transposition at national level of gender policies. In some circumstances progress on women rights may need powerful national-centred guidance’s.Some challenges in decentralization processes:Groups not defined regionally/territorially: decentralization may neglect the needs of groups that are not defined at regional or local level.Traditional and religious beliefs: some cultural beliefs can support certain gender based roles thus excluding women from participatingDifferences across country: decentralized system may entail differences in implementing gender equalityBuilding the capacity of local regional government community leaders:building the capacity and understanding of local governments and community leaders on gender equality commitments, how gender roles affect women, etc;engendering public policies at local level;understanding the impact of decentralization on women and how to better engender decentralization policies: including gender disaggregated indicators in formulating decentralization policies, including related to human rights standards;strengthening the capacity of key stakeholders to conduct participatory budgeting including gender budgetingsupporting local government in monitoring spending financing women’s care and need;supporting exchange of experiences with best practices across the country/region;reviewing gender balance in local government and other bodies to promote gender equality and support gender training at all levels.Parliamentary Development(a). Legislative function: provide information to parliamentarians on international commitment CEDAW, etc; supporting their domestication to /harmonization of national legislation; train parliamentarians and related staff on gender analysis, better understand gender roles are affecting actual women participation and foster discriminations; providing capacity-building to parliamentary committee focusing on their specific theme (gender mainstreaming; gender budgeting; helping them to understand that gender equality in not only a n issue of n. of women; support policy development and implementation; ensuring that gender consideration are taken into consideration in peace processes; supporting parliament and constitutional bodies regulating electoral laws, political parties, financing campaign in how to seek to enhance women’s participation.(b).Oversight function: support gender analysis of budgets; monitoring skills to monitor executive branch in issue related to gender equality; support parliamentary oversight of the judiciary, civil and criminal maters, security sector understanding gender barriers faced by women to access to justice services; collecting and analyzing quantitative and qualitative data on women in parliament and use to identify barriers to recruitment, promotion , etc.(c). Representative function: supporting work of parliamentarians and staff with civil society on gender budgeting and new legislations fostering gender equality; promoting practices of supporting political parties with grater representation of women in hierarchy and staff; in post conflict or crisis periods, supporting the introduction of formal mechanisms enhancing women’s participation in drafting constitutions, in political party legislation, in rules; etc; providing complementary capacity building to women representative such as public speaking, leadership, promoting study tours and exchange of experiences; monitoring parliament procedures and rule ensuring that they respond to women’s needs, allowing them to conciliate professional and family life.Electoral bodiesSupporting the reform of financing campaign, including incentives, if needed for women’s participation; more inclusive and more economic electoral systems;Electoral commission monitoring campaign financial regulation;quota systems, supporting the understanding of quota system, their scope and use and complementary activitiestraining member and staff of electoral bodies in gender analysis and ways they can contribute to their understanding of gender-balanced participation in elections and political activity;conducting researches and disseminate results on gender equality issues; provide opportunities to parties for understanding human rights, international framework for gender equality;building the capacity to undertake gender sensitive analysis;
32Strategies to promote gender equality in democratization processes (d) Gender budgeting in state reform and decentralisationGender budgeting: restructuring revenues and expenditures to promote gender equalityTOOLS FOR GRB:1. Gender-aware policy appraisal2. Gender-disaggregated beneficiary assessment3. Gender-disaggregated public expenditure incidence analysis4. Gender-disaggregated analysis of the impact of the budget on time use5. Gender-aware medium term economic policy framework6. Gender-disaggregated tax incidence analysis7. Gender-aware budget statements Gender budgeting: restructuring revenues and expenditures to promote gender equalityGender mainstreaming applied to budgetary process, thus restructuring revenues and expenditures to promote gender equality; translate gender commitment in budget allocation, enhancing also financial transparency (Gender Responsive Budgeting: analysis of government expenditure and revenue on women and girls compared to men and boys).Tools for Gender Responsive Budgeting (GRB):1. Gender-aware policy appraisal;2. Gender-disaggregated beneficiary assessment;3. Gender-disaggregated public expenditure incidence analysis;4. Gender-disaggregated analysis of the impact of the budget on time use;5. Gender-aware medium term economic policy framework;6. Gender-disaggregated tax incidence analysis;7. Gender-aware budget statementsExample: translating MDG3 to local level
33Strategies to promote gender equality in democratization processes (e) Quotas1. 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. CEDAW Art. 4Quota systems are sometimes introduced to ensure women’s participation in law making bodies or other governmental institutions; as well as in political parties. Article 4 of CEDAW provides the legal framework for States to introduce quota systems or other “temporary special measures aimed at accelerating de facto equality between men and women”.Different typologies of quota system can be envisaged, for example:A provision that a certain number of seats in parliament is dedicated to women (ex. Rwanda Constitution reserves 24 out of 80 seats in the legislature lower house and 30% of the senate seats for women)A minimum number of women must stand as candidates in elections some systems also require that a certain amount must stand at top of the list, to avoid that women are left at the bottom of the list (ex. Argentina)A minimum number of seats in local assemblies and other bodies (ex. provincial Assemblies in Pakistan)But, quota system alone are not sufficient and do not guarantee the full inclusion of women in democracies. Quota Systems can help as “ice-breakers” of deeply rooted cultural discrimination based on gender roles but there are also other social economic factors contributing to women underrepresentation. Direct discrimination and hidden barriers prevent women from getting their share of political influence.Indeed, quota systems are intended to be a temporary measure to improve the changes of women to participate; however, focus should also direct to combating disincentives and increasing positive mechanisms to promote participation.Example at national level – Rwanda (quota for parliament)Example at local level – India (quota for local elections)Example national level: RwandaExample local level: India
34Strategies to promote gender equality in democratization processes (f) Role of Women’s Machinery to promote gender equality through democratisation processes“A national machinery for the advancement of women is the central policy- coordinating unit inside government. Its main task is to support government- wide mainstreaming of a gender equality perspective in all policy areas.” Beijing Platform for Action (Para. 201)A national machinery for the advancement of women is the central policy- coordinating unit inside government. Its main task is to support government- wide mainstreaming of a gender equality perspective in all policy areas.” Beijing Platform for Action (Para. 201).Usually known as “National Women’s Machineries” (NWMs) are special bodies to coordinate gender and women’s issues; generally they are national coordination authorities set up by states to follow up international commitments regarding gender issues.Consisting of departments or institutions that promote equal rights, legislation, policies, programmes, projects and research, aimed at promoting women's participation and Gender equality. They are mainly responsible for coordinating follow –up of international commitments related to gender issues and women’s rights (CEDAW, Beijing PfA, MDGs).Multiple functions:advocacy within government,technical support to other government agencies (see example),research and outreach to research institutions and advocacy groups dealing with gender equality.Example:NWMs have developed gender analysis tools to enable other agencies to identify and address gender equality issues:Indonesia: Gender Analysis PathwayPhilippines: Gender Mainstreaming Evaluation Framework; Gender and Development Budgeting GuidelinesBangladesh: Gender Impact Assessment (GIA)Also in other areas, such as Justice: The National Commission on the Role of Filipino Women (NCRFW) supported the Department of Local Government (DILG) in improving responses to domestic violence at the community level.[Source: CIDA, Gender Equality & Public Sector Capacity Development - Tipsheet #6: What are “national women’s machineries”, Asia Branch, CIDA, May 2007]Follow–up of international commitments related to gender issues and women’s rights (CEDAW, Peijing PfA, MDGs).
35EXERCISE ***Find the proper strategies and main target groups*** 1. Which strategy would be the most appropriate to address this problem? 2. To which target group(s) should this strategy be focused?1. The fully implementation of CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) is hampered due to lack of awareness and expertise at institutional level (police, courts, lawyers)Find the proper strategies and main target groupsInstructionsIn the table below you will find a list of 5 problematic gender issues related to Justice and Democracy. Please answer for each of these gender issues the following 2 questions:1. Which strategy would be the most appropriate to address this problem?2. To which target group(s) should this strategy be focused?Mention the most important target group(s) (maximum 3 target groups) for the most effective response to the problem.To answer the first question you can choose a strategy, or a combination of no more than 3 strategies from the following list:A Women’s empowermentB Capacity BuildingC Equal Opportunities PolicyD Women’s MachineryE Temporary special measuresF Gender mainstreamingG Specific Actions to enhance gender equalityH Gender budgetingI Political and policy dialogueProblemsGender issue 1: The fully implementation of CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) is hampered due to lack of awareness and expertise at institutional level (police, courts, lawyers).Gender issue 2: Gender-disaggregated statistics show that women from rural areas suffer seriously from domestic violence, although there is a low rate of denounce to public authorities.Gender Issue 3:Inheritance rights are hampered by the existence of customary practices: women do not know how to get the ownership and effective control of their husband’s/family lands.Gender issue 4: There is a serious underrepresentation of women in national parliament as well as in local assembly; women have already received training for political participation at local level, however the traditional local politicians are not willing to share decision making power at community level with womenReminder *** BASIC and EU STRATEGIES ***BASIC STRATEGIESWomen’s empowerment: self esteem; control access to assets; bottom up initiatives (training for political participation, strategies to organize information to become knowledgeable, skills for result-oriented actions)Capacity Building: improve effectiveness of persons and organizations (training, reorganization, change management)Equal Opportunities Policy: actions to ensure equal chanced for men and women in all their diversity; providing formal legal provision guaranteeing no discrimination on the basis of sexWomen’s Machinery: special bodies to coordinate gender and women’s issues (national coordination authorities set up buy states to follow up international commitments regarding gender issues)Temporary special measures: affirmative actions, positive actions; positive discrimination, quota system to temporarily favour unrepresented groupsGender Mainstreaming: incorporation of gender perspective in all policies, strategies and interventionKEY POINTS of GM: 1.interdependent/complementary roles of men and women; 2. Gender issues are not confined in a sector; 3. Gender issues not confined in “ target population” put at policy level; 4. every sage of the project cycle must be mainstreamed; 5. May include but does not replace specific actions to address disparities.STEPS for GM: 1. Gender disaggregated statistics; 2. Gender Analysis; 3. Gender equality objectives; 4. Entry points for actions to meet objectives; 5. Gender –sensitive M&E systemSpecific Actions to enhance gender equality: tailor-made actions which can include different strategies to address specific cases (women’s empowerment, temporary measures, capacity building, specific awareness campaigns, etc) - actions are identified on the basis of a comprehensive gender analysis of causes and actions are result oriented and time-bounded.Gender budgeting: gender mainstreaming applied to budgetary process, thus restructuring revenues and expenditures to promote gender equality; translate gender commitment in budget allocation, enhancing also financial transparency (Gender Responsive Budgeting: analysis of government expenditure and revenue on women and girls compared to men and boys).TOOLS FOR GRB: 1. Gender-aware policy appraisal; 2. Gender-disaggregated beneficiary assessment; 3. Gender-disaggregated public expenditure incidence analysis; 4. Gender-disaggregated analysis of the impact of the budget on time use; 5. Gender-aware medium term economic policy framework; 6. Gender-disaggregated tax incidence analysis; 7. Gender-aware budget statementsPolitical and policy dialogue: genuine dialogue, participatory process, involving different social actors influencing decision on issues impacting men and women; strategy to enable social change towards more equity and gender equalityCHARACTERISTICS of PD: 1. Inclusion; 2.Ownership; 3.Learning; 4.Human approach; 4.ChangeEU STRATEGIESTwin-Track approach (Gender Mainstreaming + Specific Actions to Enhance Gender Equality): approach based on 2 complementary strategies1. Mainstreaming gender equality: 1.Political action; 2.Development cooperation; 3.institutional capacity building2. Specific Actions to empower women and complement MG (governance; employment an economic activities; education; health; GBVThree-pronged approach (Political and Policy Dialogue + Gender Mainstreaming + Specific Actions): in 2008 the EC shifted to a 2-ponged approach based on 3 basic strategies:1. Political and policy dialogue2. Mainstreaming of gender Equality3. Specific actions to empower women and complement MGA Women’s empowerment B Capacity Building C Equal Opportunities Policy D Women’s Machinery E Temporary special measures F Gender mainstreaming G Specific Actions to enhance gender equality H Gender budgeting I Political and policy dialogue2. Gender-disaggregated statistics show that women from rural areas suffer seriously from domestic violence, although there is a low rate of denounce to public authorities.3. Inheritance rights are hampered by the existence of customary practices: women do not know how to get equal access to and effective control over ownership of land/house .4. There is a serious underrepresentation of women in local assemblies; women have already received training for political participation at local level, however the traditional local politicians are not willing to share decision making power at community level with women