United Nations Entity for Gender Equality and the Empowerment of Women
Background
UN Women has a universal mandate to provide, through its normative support functions, operational activities and coordination role, guidance and technical support on gender equality, women’s empowerment and women’s rights, across all levels of development and in all regions. Under this mandate UN Women leads the work on elimination of all forms of violence against women and girls (VAWG) within the United Nations system.
VAWG continues to be the most widespread, persistent and devastating human rights violations in our world today, and remains largely unreported due to the impunity, silence, and construed stigma and shame surrounding it. Despite a growing momentum by States to eliminate and prevent all forms of VAWG, challenges persist in achieving transformative change in this area –mainly due to the tenacity of discriminatory social norms that tolerate and condone violence and inequality between men and women; the lack of coherent approaches in preventing VAWG in the first place; and the lack of access to long-term, quality, multi-sectoral services that are coordinated for survivors.
Violence against women and girls is a violation of human rights and it impedes equality, development and peace across the world. The promise of the 2030 Agenda for Sustainable Development Goals (SDGs), including to leave no one behind, cannot be fulfilled without putting an end to VAWG. UN Women employs a comprehensive approach to addressing violence against women and girls, in private and public space, including investments in:
* Improving research and statistical data;
* Strengthening international norms and standards and national legislative and policy frameworks;
* Expanding coordinated, quality multi-sectoral services;
* Facilitating understanding and supporting evidence-based prevention approaches; and
* Supporting women’s rights and civil society groups.
Policy framework
UN Women’s work is guided by its 4-year Strategic Plan (2018-2021) which includes ending violence against women as one of its outcomes. UN Women’s work is embedded within the Convention on the Elimination of All Forms of Discrimination against Women, especially its General Recommendations 19 and 35; the 1993 UN Declaration on the Elimination of Violence against Women; the Beijing Declaration and Platform for Action and the outcome documents of its reviews, as well as other human rights treaties, General Assembly, Security Council and Human Rights Council Resolutions; and the agreed conclusions of the Commission on the Status of Women; and critical regional instruments, such as Belem do Para, the Maputo Protocol and the Istanbul Convention.
Areas of Focus
RESEARCH AND STATISTICAL DATA
UN Women at global, regional and country level works with governments, civil society and academia to conduct quantitative and qualitative research to improve the understanding of the magnitude, nature, risk and protective factors and consequences of different forms of VAWG, and to generate evidence of what works and what does not work to address it. At the global level, UN Women in collaboration with WHO is responding to the need of strengthening the collection and use of VAW data through the Global Programme on Strengthening Methodologies and Measurement and Building National Capacities for VAW Data. The goal of this 5-year Joint Programme (2018-2022) is to ensure that quality data on different forms of VAW are available and collected over time to address national data gaps and meet policy and reporting commitments under the SDGs, CEDAW, and the Beijing Platform for Action. The programme aims to contribute to the strengthening and dissemination of measurement and methodologies for VAW data collection and use (including for national, regional and global monitoring and reporting requirements for SDG target 5.2 indicators); the increase of capacities of national institutions to collect VAW data according to globally agreed methodological and ethical standards; and the collection and accessibility of national VAW data for advocacy, policy and programming to end violence against women and girls.
NORMS, LAWS AND POLICIES
UN Women leads the drafting of Secretary General’s Reports, including: Intensification of Efforts to Eliminate All Forms of Violence Against Women and Girls, Intensifying Global Efforts for the Elimination of Female Genital Mutilations and Report of the Secretary General on Trafficking in Persons, which provide an analysis of trends, good practices, gaps and challenges, as well as recommendations to Member States and other stakeholders. UN Women further supports negotiations of Member States based on these reports to inform GA Resolutions on the same. UN Women also convenes the Commission on the Status of Women, providing similar support to Member States in their negotiations of Agreed Conclusions related to violence against women. At the 25 year anniversary of the Beijing Platform for Action (BPfA), UN Women together with the Regional Commissions facilitated comprehensive national level reviews on progress made and challenges encountered in the implementation of the BPfA, and the achievement of gender equality and women’s empowerment, including in the critical area of eliminating violence against women. At country-level, UN Women’s support has led to strengthened national legislation to prevent and respond to VAW, and to the adoption of national action plans for the elimination of VAW. A more detailed synopsis on UN Women’s work in this area can be obtained through the Annual Report(s).
SERVICES
To improve the quality of and access to comprehensive essential multi-sectoral services that respond to the immediate and long-term needs and well-being of women and girls who have experienced violence, such as intimate partner violence or sexual violence, UN Women in partnership with UNFPA initiated the ‘Essential Services Programme’ in 2013. This initiative is now a full-fledged United Nations Global Joint Programme: Essential Services for Women and Girls Subject to Violence, with WHO, UNODC and UNDP as participating UN agencies. through this joint programme, UN Women, in collaboration with all participating agencies, developed the ‘Essential Services Package for Women and Girls Subject to Violence: Core Elements and Quality Guidelines’ for the Health, Justice and Policing and Social Services Sectors, along with Implementation Guides to assist the rollout and implementation of the Essential Services Package at country level. The Programme began with 10 pilot countries and has expanded with self-starters to over 50 in 2019.
PREVENTION
Prevention is the only way to stop violence before it occurs. The evidence-base on what works to prevent violence has evolved considerably over the past decade, including through initiatives supported by UN Women, such as the Partners for Prevention Programme in Asia Pacific. UN Women has played a key role in developing evidence-based policy and programming guidance in this area. In 2015, UN Women led the development of the first inter-agency framework on prevention, in partnership with ILO, OHCHR, UNDP, UNESCO, UNFPA and WHO. A Framework to Underpin Action to Prevent Violence Against Women (2015), promotes a common understanding of preventing violence against women for the UN System, policymakers and other stakeholders and provides a theory of change to support action. To further operationalize this framework, UN Women, partnered with various UN agencies, to develop handbooks guiding implementation of specific entry points. Those include: Global Guidance on Addressing School-related Gender Based Violence (with UNESCO); Addressing Violence and Harassment Against Women in the World of Work (with ILO); The Big Conversation: Handbook to Address Violence against Women in and through the Media (with UNESCO); A Handbook to Address Violence against Women in and through Sports (with UNESCO); Preventing violence against women in elections: A programming guide (with UNDP) and a Guidance Note on Campus Violence Prevention and Response. In 2019, with WHO, UN Women launched the RESPECT Women; Preventing Violence against Women Framework to update the 2015 Prevention Framework. A package of implementation materials for the RESPECT Framework are in process of development and will be available in 2021. In addition to policy guidance, UN Women undertakes programming in various countries across regions with various stakeholders in public spaces, in schools, in communities, workplaces, sports organizations and other institutions to address structural and systemic inequalities and change attitudes, beliefs and social norms.
Knowledge Hub on Violence against Women:
UN Women hosts one of the most extensive repositories of resources on preventing and eliminating VAWG at the Global Knowledge Platform to End Violence against Women. This hub, contains three unique portals, including: 1) The Global Database on Violence against Women, a filterable database containing information on the measures undertaken by Member States; 2) Inventory of United Nations Activities, a filterable database on the work of UN entities; and 3) The Virtual Knowledge Centre to End Violence against Women and Girls, a one-stop site providing programming guidance promising practice case studies and tools in English, French and Spanish.
UN Women also maintains a dedicated Training Site with numerous learning opportunities (online courses, face-to-face sessions, manuals and self-paced lessons) on violence against women, including introductory material on the topic, as well as dedicated materials on men and masculinities, FGM and Essential Services, among others.
HARMFUL PRACTICES
Harmful cultural practices are discriminatory practices towards women and girls that are ritualized because they are performed/exercised persistently and as a result have been culturally normalized. UN Women recognizes that harmful practices take many forms and impinge upon the dignity and integrity of the individual, constituting a grave human rights violation. UN Women’s strategy on Harmful Practices focuses primarily on addressing two of the most prevalent forms, Child, Early and Forced Marriage (CEFM) and Female Genital Mutilation/Cutting (FGM/C). The work on harmful practices includes support to strengthen legislation, public policies and mechanisms to address impunity; capacity building of service providers and law enforcement; increasing women’s and girls’ knowledge about their rights; advocacy and awareness campaigns; work with women’s organizations and CSOs; and transforming norms. UN Women works closely with renowned activist Jaha Dukureh, CEO and Founder of the NGO “Safe Hands for Girls”, who serves as Goodwill Ambassador for the issue worldwide.
SAFE CITIES AND SAFE PUBLIC SPACES
UN Women’s Safe Cities and Safe Public Spaces Global Initiative commits to creating safe and empowering public spaces for women and girls free from sexual harassment (SH) and other forms of sexual violence against women and girls (SVAWG). Through a comprehensive human rights and evidence-based approach, cities develop practical solutions in four main action areas, including: ensuring that locally relevant and owned solutions are identified through detailed scoping studies; strengthening laws and policies on sexual harassment in public space; investing in the safety and economic viability of public spaces; and fostering transformative social norms that promote women and girls’ rights to use public spaces free from SH and other forms of sexual violence (SV). Under the Flagship Initiative, each city adapts a Global Framework and accompanying package of tools to their local context. The Safe Cities Initiative was originally launched in 5 pilot cities (Cairo, Kigali, New Delhi, Port Moresby and Quito). It has since expanded to over 50 cities, including those in the Global North.
ADDRESSING SEXUAL HARASSMENT
As a champion of women’s rights and gender equality, preventing and addressing sexual exploitation and abuse (SEA) and sexual harassment (SH) within UN Women and the UN system as forms of violence against women and girls is a critical area of UN Women’s work. The organization is committed to a zero-tolerance approach for SEA, SH and all other forms of VAWG.
UN Women recognizes that addressing SEA and SH requires a culture of change that looks at the intersectionality of their root causes, including those due to race, age, disability, sexual orientation and of course, gender. Within UN-Women, the organization is thus dedicated to fostering an environment that respects the inherent dignity of all persons, which affords its personnel the opportunity to reach their fullest potential and therefore empowers them to deliver the best possible results for the women and girls it serves.
Furthermore, UN Women has ben actively engaged in the system-wide efforts led by the secretary General in pursuit of a common system-wide approach to combating SEA and SH and is collaborating with various stakeholders within the UN and beyond, using its experience and expertise on eliminating VAWG. A victim-centered approach forms the basis of all its efforts which aimed at bringing about an organizational and cultural change that end SEA and SH, which UN Women will continue to fight for until it is achieved for all.
TRAFFICKING IN WOMEN AND GIRLS
Trafficking disproportionately affects women and girls, who account for 71% of identified trafficking victims globally. UN Women works to ensure that anti-trafficking policies and initiatives comprehensively address the continuum of violence against women, and girls and the related gender dimensions of human trafficking. The work is undertaken across four key pillars: ensuring that legislative and policy frameworks are in line with international human rights standards; supporting institutions to collect relevant data, exchange information and develop comprehensive, multisectoral and gender-sensitive approaches; promoting gender equitable social norms, attitudes and behaviors; as well as increasing knowledge about the rights of women and reducing their vulnerability to trafficking and exploitation. UN Women works at country, regional and global level in different dimensions to combat trafficking in women and girls, and also provides support and inputs to other UN agencies, to ensure their programmes and interventions include a gendered and survivor-centered approach. UN Women is a member of the Inter-Agency Coordination Group Against Trafficking in Persons (ICAT) and has served as co-chair in 2019 and 2020.
SPOTLIGHT INITIATIVE
UN Women is the technical lead of the Spotlight Initiative–the global, multi-year partnership between European Union and United Nations to eliminate all forms of violence against women and girls by 2030—at the country, regional and global level. The work encompasses responding to all forms of violence against women and girls, with a focus on domestic and family violence, sexual and gender-based violence and harmful practices, femicide, trafficking in human beings and sexual and economic (labour) exploitation. The initiative is being rolled-out in Africa, Asia, the Caribbean, Latin America, and the Pacific.
Resources
RESPECT women: Preventing violence against women (2019)
Training Manual on Gender and Female Genital Mutilation and Cutting (2017)
Handbook for National Action Plans on Violence Against Women (2011)
*See also the resource links to numerous tools referred to in the narrative above and under specific measures.
UN Women ROAP is supporting several offices that are engaged in legislative review, by contracting and making available experts on VAW legislation. This expert support has provided analysis and suggestions for legislation in the Philippines, Thailand and Viet Nam in this time period. The legislative review process is ongoing in all three countries.
In Colombia within the framework of the electoral reform UN Women supported the National Electoral Council and the Congress to define measures to address violence against women in politics. For the first time, a definition of Violence Against Women in Politics and its manifestations was established, in line with the provisions of the CIM-MESECVI Model Law, allocating functions to the National Electoral Council to investigate and monitor cases of Violence Against Women in Politics.
UN Women’s office in Ecuador provided targeted advocacy and technical support to national partners directly contributing to the regulations on VAWP included in the reform to the electoral legal framework (Code of Democracy 2020).
In Mexico, UN Women provided technical assistance to the Federal Legislative bodies during the legal reform process of eight electoral legal frameworks to address and respond to VAWP.
UN Women ESARO in partnership with the country offices, UN partner agencies and the African Union is engaging traditional authorities across Africa by working with AU to launch Council of Traditional Leaders of Africa (COTLA), /Conseil des Autorites Traditionnelles D’Afrique (CONATA), so that it effectively drives a pan-African movement of Traditional Leaders to end child marriage, FGM/C and other harmful practices. Throughout the year the African Union engaged COTLA/CONATA as an advocacy institution following the AU statutory meeting of ministers in charge of Social Development, Labor and Employment who took a decision calling for an extension of the campaign to end child marriage for a five-year period from 2019 to 2023. In the year, COTLA/CONATA convened an annual steering committee meeting in Lusaka through the support of the Republic of the Government of Zambia, and with financial and technical support of UN WOMEN.
UN Women is also supporting the framing of bye-laws to harmonize the national laws with the customary laws in line with the international conventions. At least in 5 countries such initiatives are ongoing, these include, Malawi, Uganda, Zimbabwe, Zambia and Liberia.
In Burundi, The new law No. 1/11 of 20 May 2019 on electoral code reform, improves the level of positioning women on the electoral roll and offers more opportunities to women to stand as candidates in legislative elections. In addition, the code allows women to be elected in their husbands’ origin regions contrary to the provisions of the reformed law which limited the candidacies of women to their origin regions.
In Ethiopia: During the reporting period, UN Women supported the National Electoral Board of Ethiopia (NEBE) to undertake a gender analysis of Ethiopia’s draft electoral law. When the law was adopted not including all the proposed changes, UN Women ensured that the legislative committee that was working on directives based on the Electoral Law was provided with a technical support about gender sensitive stipulations to make the derivative legislations gender responsive. The gender analysis identified issues that need to be addressed in terms of affirmative action stipulations, media use during elections, security of voters and candidates, voters that may need assistance during registration and voting and representation of women in different election management bodies etc.
Moreover, UN Women conducted a National Comprehensive Mapping and Analysis of National Laws in Ethiopia as a step towards the elimination of discriminatory laws. The assessment is a comprehensive legislative analysis from a gender perspective to provide an in-depth understanding of the current legal framework and the existence of gaps and discriminatory provisions, with the long-term vision of advocating for law reform to enact new laws or repeal or revise discriminatory legislation. The first draft of the assessment first draft was submitted for review. The gender analysis will explore the vast spectrum of laws to assess their gender responsiveness and will highlight discriminatory provisions and gaps that would require to be repeal, amended or enactment through a law reform process.
Another initiative led by UN Women was the different advocacy sessions towards the adoption of the family law in the Somali region. To this end, an assessment on the general socioeconomic status of women and girls in Somali and Afar regions and barriers hindering the adoption of the family law was conducted. The key findings of the study revealed that in almost all measures of socio-economic indicators including access to education, health, water, electricity, and sanitation, women and girls in both regions have significant challenges compared to other regions of Ethiopia. With regards to the prevalence of VAWG in the two regions, findings of the study show a much higher percentage of sexual violence against women with 14.7 percent in Somali and 13 percent in Afar regions when compared with that of the EDHS, 1% in Somali followed by 4% in Afar.
Most importantly, the study identified the factors hindering the adoption of family laws in Afar and Somali regions to be lack of political commitment, structural and institutional factors (competing priorities and inadequate financing) and social and cultural factors which are highly influenced by religion. The controversy on marriageable age, bigamy, period of widowhood, irregular union, child adoption, and Paternity issues were also among the causes for the resistance towards adopting Family law. UN women will continue popularizing the findings and recommendations of the study and undertaking policy advocacy at different level with the aim of harmonizing the regional family laws with that is the international standards.
The legal adjustment in the main electoral law has been finalized with the legislative drafting team taking some of the recommendations provided. However, the legislative process for matters that will be guided by directives from the National Electoral Board of Ethiopia, it is still an ongoing process that will also continue in 2020 which is the election year and beyond.
In regard to the preliminary work on the “Assessment of the discriminatory law” conducted for legal adjustments that will support and recommend the repeal or revision of all formal laws that directly or indirectly discriminate against women and girls, UN Women will continue supporting the Federal Attorney General and other relevant institutions on the legal adjustment based on the recommendations provided.
The draft Somali and Afar assessment on the barriers for adoption of the federal revised family law, which was conducted in 2019, identified key areas that needs better advocacy coupled with continuous dialogues to bring the expected changes. Some of these areas include; enhancing the knowledge and understanding of the grass root community on the benefit of putting in place an alternative family dispute resolution in addition to the customary and religious systems, enhancing capacity of women and men parliamentarians to advocate for the adoption of family law, and facilitate a knowledge exchange with other Muslim dominated countries who have adopted family law that is in line with international standards. Using the existing partnership with the regional government and faith actors, UN Women will work towards the repeal of the existing regional law in 2020.
In Mozambique, the government of Mozambique continued to demonstrate strong commitment on advancing GEWE including fulfilment of regional and international obligations, which are evidenced by the following achievements: approval of the “Lei contra os casamentos Prematuros[1]” (Law against early marriage) (The Law was approved by the Parliament on 18th July 2019 and with its approval early unions in Mozambique are considered a crime. The law condemns until 8 years of imprisonment to adults who consent or obliged a child to accept a union and 12years for an adult who live in a forced union with a child girl); approval of the revised “Lei fa Familia (Family Law) e “Lei das Sucessões” (Inheritance Law). Additionally, 4 other Laws were reviewed to better respond to the issues included in the approved laws, namely: “Lei da Familia”- Family Law (Lei 22. 2019); “Lei da Revisão do codigo Penal”- Law of criminal code (Lei 24 de 2019); “Lei da revisão do Código do Processo Penal”- Law of review of the Criminal process code (Lei 25 de 2019) and the “Lei da revisao do Codigo de execução das Penas” –Law of review of the criminal process code- (Lei 26 de 2019).
In Rwanda, Under the equality in law by 2030 initiative, UN Women provided technical and financial support to the Legal Aid Forum, a network of 38 national and international NGOs, universities, lawyers’ associations, faith-based organizations and trade unions to conduct an assessment aimed at determining whether there are any discriminatory provisions in Rwandan laws. The implementation of this initiative involves different actors from government and civil society organizations through a steering committee put in place for quality assurance. The Legal Aid Forum has submitted a draft report waiting for final validation by stakeholders. The report recognizes tremendous achievements for gender mainstreaming in Rwanda’s legal framework. However, there are still few provisions that need to be worked out through legislative reforms.
In South Sudan, the Reconstituted National Constitution Amendment Committee (R-NCAC) has been working on reviewing the various laws including the security sector laws. UN Women provided technical support in review of the Sudan People’s Liberation Army Act 2009, the National Security Services Act 2014, the Police Service Act 2009 and the Prisons Service Act 2011.
In Sudan, UN Women has supported the women’s movement to voice their concerns and claim the repeal and reform of laws violating women’s human rights such as the public Order Law which was then repealed in December 2019.
In Somalia, UN Women in close collaboration with UNFPA, UNDP and UNSOM is actively engaged in passage of the Sexual Offence Bill and FGM Bill. The Sexual Offence Bill has already been approved by the cabinet of ministers and awaits endorsement at the parliament. The FGM bill is in the final stages of drafting and soon will be presented to the cabinet of ministers. The Sexual Offences Bill (SOB) seeks to serve the purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offenses and other related matters.
In Tanzania, UN Women provided technical and financial support to the Ministry of Constitutional and Legal affairs (MoCLA), Tanzania Women Parliamentary Group (TWPG), Women Fund Tanzania and the Women's Coalition on the Constitution Review and Leadership for advocacy to repeal the following laws that discriminate against women and girls: The Law of Marriage Act (LMA) of 1971 sanctions the marriage of girls as young as 14 years, while requiring boys to be adults. During 2019, the Tanzania Court of Appeal upheld a previous High Court judgment declaring the minimum age of marriage for girls, as set out in the Law of Marriage Act, unconstitutional. As a result, the National Assembly of the United Republic of Tanzania will need to pass legislation bringing this law in line with international standards. UN Women is currently strategizing with and supporting the Tanzania Women Parliamentary Group (TWPG) and the Ministry of Constitutional and Legal affairs (MoCLA) for advocacy to pass the required legislation.
In Uganda, UN Women provided technical support to the government in the legislative developments. Some of these include:
- The Sexual Offences Bill that seeks to consolidate all laws relating to sexual offences and provide procedural and evidential requirements during trial of sexual offences in addition to measures to check sexual harassment in public places.
- Employment Bill 2019 that seeks to amend the Employment Act 2006 to operationalize the provisions of Art.40 of the Uganda Constitution and align it to the ILO convention No.190.
- The Marriage and Divorce bill which brings together all laws governing a Marriage and its dissolution;
- The legal aid bill that seeks to ensure indignant citizens access free legal aid services; and
- The Domestic Violence Act (DVA) which provides protection of women from violence committed to them in a domestic setting
- In Zimbabwe, UN Women supported work on the Marriages Bill by conducting a gender analysis of the bill and supported development of an alternative marriages bill as a reference document to inform parliamentary debates. The Bill seeks to consolidate the laws relating to marriages in Zimbabwe into one Act of Parliament and as such repeal the Marriages Act [Chapter 5:11] and the Customary Marriages Act [Chapter 5:07]. The Bill also criminalizes child marriage and decriminalizes HIV transmission (repealing Section 79 of the Criminal Law (Codification and Reform) Act), both of which were key advocacy issues for UN Women in the reporting year.
Supported the Ministry of Health and Social Protection in preparing the new National Strategy on Gender Equality 2021-2030, which was approved in June 2021.
Supported the Ministry of Health and Social Protection to revise the Council of Ministers Decision (CoMD) No. 334, 2011 on functioning of coordinated referral mechanisms against gender-based violence. The new CoMD 327/2021 was approved on 2 June 2021
Supported the Ministry of Health and Social Protection to revise the Law on Measures Against Violence in Family Relations in 2020 which brings the law closer to Istanbul Convention principles and standards.
In Bosnia and Herzegovina, UN Women supported the Safe network (network of CSOs running shelters and other specialist services) to advocate for changing the Law on protection from domestic violence in one part of the country (Federation BiH) and harmonize it with the Istanbul Convention. In July 2021, the law was adopted in one house of the Parliament and placed in procedure for full adoption. The new law will render wider protection to survivors and be a step towards sustainability of specialist services.
In North Macedonia, UN Women supported the Centre for Research and Policy Making to advocate for the adoption of a new Law on Prevention and Protection from VAW and DV and the amendment of the Criminal Code in compliance with the Istanbul Convention. The EVAW Law was adopted by Parliament in January 2021, while the CC amendment was adopted by Government in July 2021 and is currently pending Parliamentary approval.
In Moldova, UN Women CO supported the development and advocacy efforts for the approval of Law no. 113, which defines for the first time violence against women, so that it covers all forms of violence, it introduces the obligation to specialists of assessing the risks of committing/repeating acts of violence, it provides state-guaranteed legal assistance from the moment the complaint is filled by the survivor, it introduces better monitoring tools of the temporary restraining orders and deliberates on the creation of specialized EVAW units at local level in line with Istanbul Convention and international standards.
In Kosovo, UN Women supported advocacy efforts of the Kosovo Women Parliamentarian Caucus initiative to amend the Constitution by aligning local legislation with international standards. As a result, on 25 September 2020, the Kosovo Assembly voted in favour of amendment of the Constitution to include the Istanbul Convention in the list of its directly applicable international documents. This, combined with the comprehensive inclusion of DV in the Criminal Code as a separate criminal offense, and a specific Law on Domestic Violence, regulating the civil aspects, makes the legal framework in Kosovo on VAW aligned with international and regional standards enshrined in CEDAW, the Istanbul Convention and the European Union (EU) "Acquis".
UN Women, Kosovo is part of the working group on drafting of the Law against Domestic Violence, which is currently in drafting process under the auspices of Kosovo Parliamentary Commission for Committee on Human Rights, Gender Equality, Victims of Sexual Violence During the Conflict, Missing Persons and Petitions.
State bodies in Kazakhstan have enhanced capacity to revise legal and policy framework to strengthen response and prevention of VAW through active participation in working and expert groups in cooperation with the Parliament of Kazakhstan. UN Women provided technical support for expert community and Civil Society organizations. In 2020 UN Women continued supporting the development and adoption of the new draft harmonized national legislation in the field of prevention and combating domestic violence through the review of international best practices and legislation in the field of prevention of domestic violence and on issues of family and gender equality. A member of UN Women Kazakhstan Civil Society Advisory Group, national experts, as well as representatives of the National Women's Machinery worked closely with the Parliamentarians and CSOs to synthesize the best practices and integrate international standards.
In Tajikistan UN Women was instrumental in developing the National Strategy of Activitization of Role of Women in the Society (March, 2021) developed; UN Women substantially contributed to the draft Anti-Discrimination Law, which is being developed.
UN Women ESARO in partnership with the country offices, UN partner agencies and the African Union is engaging traditional authorities across Africa by working with AU to launch Council of Traditional Leaders of Africa (COTLA) / Conseil des Autorites Traditionnelles D’Afrique (CONATA), so that it effectively drives a pan-African movement of Traditional Leaders to end child marriage, FGM/C and other harmful practices. Throughout the year the African Union engaged COTLA/CONATA as an advocacy institution following the AU statutory meeting of ministers in charge of Social Development, Labor and Employment who took a decision calling for an extension of the campaign to end child marriage for a five-year period from 2019 to 2023. In the year, COTLA/CONATA convened an annual steering committee meeting in Lusaka through the support of the Republic of the Government of Zambia, and with financial and technical support of UN WOMEN.
UN Women is also supporting the framing of by-laws to harmonize the national laws with the customary laws in line with the international conventions. At least in 5 countries such initiatives are ongoing, these include, Malawi, Uganda, Zimbabwe, Zambia and Liberia.
In Burundi, The new law No. 1/11 of 20 May 2019 on electoral code reform, improves the level of positioning women on the electoral roll and offers more opportunities to women to stand as candidates in legislative elections. In addition, the code allows women to be elected in their husbands’ origin regions contrary to the provisions of the reformed law which limited the candidacies of women to their origin regions.
In Ethiopia: During the reporting period, UN Women supported the National Electoral Board of Ethiopia (NEBE) to undertake a gender analysis of Ethiopia’s draft electoral law. When the law was adopted not including all the proposed changes, UN Women ensured that the legislative committee that was working on directives based on the Electoral Law was provided with a technical support about gender sensitive stipulations to make the derivative legislations gender responsive. The gender analysis identified issues that need to be addressed in terms of affirmative action stipulations, media use during elections, security of voters and candidates, voters that may need assistance during registration and voting and representation of women in different election management bodies etc.
Moreover, UN Women conducted a National Comprehensive Mapping and Analysis of National Laws in Ethiopia as a step towards the elimination of discriminatory laws. The assessment is a comprehensive legislative analysis from a gender perspective to provide an in-depth understanding of the current legal framework and the existence of gaps and discriminatory provisions, with the long-term vision of advocating for law reform to enact new laws or repeal or revise discriminatory legislation. The first draft of the assessment first draft was submitted for review. The gender analysis will explore the vast spectrum of laws to assess their gender responsiveness and will highlight discriminatory provisions and gaps that would require to be repeal, amended or enactment through a law reform process.
Another initiative led by UN Women was the different advocacy sessions towards the adoption of the family law in the Somali region. To this end, an assessment on the general socioeconomic status of women and girls in Somali and Afar regions and barriers hindering the adoption of the family law was conducted. The key findings of the study revealed that in almost all measures of socio-economic indicators including access to education, health, water, electricity, and sanitation, women and girls in both regions have significant challenges compared to other regions of Ethiopia. With regards to the prevalence of VAWG in the two regions, findings of the study show a much higher percentage of sexual violence against women with 14.7 percent in Somali and 13 percent in Afar regions when compared with that of the EDHS, 1% in Somali followed by 4% in Afar.
Most importantly, the study identified the factors hindering the adoption of family laws in Afar and Somali regions to be lack of political commitment, structural and institutional factors (competing priorities and inadequate financing) and social and cultural factors which are highly influenced by religion. The controversy on marriageable age, bigamy, period of widowhood, irregular union, child adoption, and Paternity issues were also among the causes for the resistance towards adopting Family law. UN women will continue popularizing the findings and recommendations of the study and undertaking policy advocacy at different level with the aim of harmonizing the regional family laws with that is the international standards.
The legal adjustment in the main electoral law has been finalized with the legislative drafting team taking some of the recommendations provided. However, the legislative process for matters that will be guided by directives from the National Electoral Board of Ethiopia, it is still an ongoing process that will also continue in 2020 which is the election year and beyond.
In regard to the preliminary work on the “Assessment of the discriminatory law” conducted for legal adjustments that will support and recommend the repeal or revision of all formal laws that directly or indirectly discriminate against women and girls, UN Women will continue supporting the Federal Attorney General and other relevant institutions on the legal adjustment based on the recommendations provided.
The draft Somali and Afar assessment on the barriers for adoption of the federal revised family law, which was conducted in 2019, identified key areas that needs better advocacy coupled with continuous dialogues to bring the expected changes. Some of these areas include; enhancing the knowledge and understanding of the grass root community on the benefit of putting in place an alternative family dispute resolution in addition to the customary and religious systems, enhancing capacity of women and men parliamentarians to advocate for the adoption of family law, and facilitate a knowledge exchange with other Muslim dominated countries who have adopted family law that is in line with international standards. Using the existing partnership with the regional government and faith actors, UN Women will work towards the repeal of the existing regional law in 2020.
In Mozambique, the government of Mozambique continued to demonstrate strong commitment on advancing GEWE including fulfilment of regional and international obligations, which are evidenced by the following achievements: approval of the “Lei contra os casamentos Prematuros[1]” (Law against early marriage) (The Law was approved by the Parliament on 18th July 2019 and with its approval early unions in Mozambique are considered a crime. The law condemns until 8 years of imprisonment to adults who consent or obliged a child to accept a union and 12years for an adult who live in a forced union with a child girl); approval of the revised “Lei fa Familia (Family Law) e “Lei das Sucessões” (Inheritance Law). Additionally, 4 other Laws were reviewed to better respond to the issues included in the approved laws, namely: “Lei da Familia”- Family Law (Lei 22. 2019); “Lei da Revisão do codigo Penal”- Law of criminal code (Lei 24 de 2019); “Lei da revisão do Código do Processo Penal”- Law of review of the Criminal process code (Lei 25 de 2019) and the “Lei da revisao do Codigo de execução das Penas” –Law of review of the criminal process code- (Lei 26 de 2019).
In Rwanda, Under the equality in law by 2030 initiative, UN Women provided technical and financial support to the Legal Aid Forum, a network of 38 national and international NGOs, universities, lawyers’ associations, faith-based organizations and trade unions to conduct an assessment aimed at determining whether there are any discriminatory provisions in Rwandan laws. The implementation of this initiative involves different actors from government and civil society organizations through a steering committee put in place for quality assurance. The Legal Aid Forum has submitted a draft report waiting for final validation by stakeholders. The report recognizes tremendous achievements for gender mainstreaming in Rwanda’s legal framework. However, there are still few provisions that need to be worked out through legislative reforms.
In South Sudan, the Reconstituted National Constitution Amendment Committee (R-NCAC) has been working on reviewing the various laws including the security sector laws. UN Women provided technical support in review of the Sudan People’s Liberation Army Act 2009, the National Security Services Act 2014, the Police Service Act 2009 and the Prisons Service Act 2011.
In Sudan, UN Women has supported the women’s movement to voice their concerns and claim the repeal and reform of laws violating women’s human rights such as the public Order Law which was then repealed in December 2019.
In Somalia, UN Women in close collaboration with UNFPA, UNDP and UNSOM is actively engaged in passage of the Sexual Offence Bill and FGM Bill. The Sexual Offence Bill has already been approved by the cabinet of ministers and awaits endorsement at the parliament. The FGM bill is in the final stages of drafting and soon will be presented to the cabinet of ministers. The Sexual Offences Bill (SOB) seeks to serve the purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offenses and other related matters.
In Tanzania, UN Women provided technical and financial support to the Ministry of Constitutional and Legal affairs (MoCLA), Tanzania Women Parliamentary Group (TWPG), Women Fund Tanzania and the Women’s Coalition on the Constitution Review and Leadership For advocacy to repeal the following laws that discriminate against women and girls: The Law of Marriage Act (LMA) of 1971 sanctions the marriage of girls as young as 14 years, while requiring boys to be adults. During 2019, the Tanzania Court of Appeal upheld a previous High Court judgment declaring the minimum age of marriage for girls, as set out in the Law of Marriage Act, unconstitutional. As a result, the National Assembly of the United Republic of Tanzania will need to pass legislation bringing this law in line with international standards. UN Women is currently strategizing with and supporting the Tanzania Women Parliamentary Group (TWPG) and the Ministry of Constitutional and Legal affairs (MoCLA) for advocacy to pass the required legislation.
In Uganda, UN Women provided technical support to the government in the legislative developments. Some of these include:
- The Sexual Offences Bill that seeks to consolidate all laws relating to sexual offences and provide procedural and evidential requirements during trial of sexual offences in addition to measures to check sexual harassment in public places.
- Employment Bill 2019 that seeks to amend the Employment Act 2006 to operationalise the provisions of Art.40 of the Uganda Constitution and align it to the ILO convention No.190.
- The Marriage and Divorce bill which brings together all laws governing a Marriage and its dissolution;
- The legal aid bill that seeks to ensure indignant citizens access free legal aid services; and
- The Domestic Violence Act (DVA) which provides protection of women from violence committed to them in a domestic setting
In Zimbabwe, UN Women supported work on the Marriages Bill by conducting a gender analysis of the bill and supported development of an alternative marriages bill as a reference document to inform parliamentary debates. The Bill seeks to consolidate the laws relating to marriages in Zimbabwe into one Act of Parliament and as such repeal the Marriages Act [Chapter 5:11] and the Customary Marriages Act [Chapter 5:07]. The Bill also criminalises child marriage and decriminalises HIV transmission (repealing Section 79 of the Criminal Law (Codification and Reform) Act), both of which were key advocacy issues for UN Women in the reporting year.
Egypt CO
UN Women Egypt in close collaboration with the National Council for Women (NCW) supported the comprehensive review of the Personal Status Laws (family laws) and Penal Code to analyze the impact of such laws on women's ability to access justice for all forms of violence. The process brought together multiple actors in the justice chain, including members of the judiciary, prosecution, police, social affairs, in addition to specialized councils to develop draft laws and/or amend existing ones to prevent violence against women, punish perpetrators, and ensure the rights of survivors. As a result of several rounds of consultations by national stakeholders, a draft comprehensive law on violence against women, that aims to support a comprehensive response to survivors of violence, including the provision of support and protection services, was developed and will be submitted to parliament by the NCW.
UN Women has been advocating for the passage of The Anti-Domestic Violence Law, introduced to parliament in 2015 and still under review. In January 2017, the law was presented to discussion in front of the Iraqi Council of Representatives, however it failed to pass the committees. The strengths of the draft bill include provisions for services for domestic violence survivors, protection orders (restraining orders) and penalties for their breach, and the establishment of a cross-ministerial committee to combat domestic violence. However, the law does not set penalties for committing the crime of domestic violence, does not repeal provisions in the Iraqi Penal Code that condone domestic violence (such as weaker penalties for ‘honor crimes’), and prioritizes reconciliation over justice.
In November, an amendment to the Personal Status Law (No. 188 of 1959) was proposed that would allow men to marry girls as young as 9 years old. The bill indicates that when issuing decisions on personal status issues, the court should follow the rulings of religious scholars for Sunni or Shiite sects, depending on the husband's faith (i.e. the Scholars' Congregation at the Shiite Endowment Diwan or Scholars' Fatwa Council which represents Sunni jurisprudence). The efforts of CSO’s, women activists, women committee in the parliament and UN agencies including UN Women led to the withdraw of the draft law from the parliament agenda by mid-November.Morocco MCO
UN Women first acted through supporting the civil society in its advocacy efforts to align draft law no 103.13 with international norms and standards, and more especially through supporting the memorandums of the coalition Printemps de la Dignité composed of 25 NGOs throughout the national territory. The coalition is specialized in advocating to the government and to the Parliament on laws and public policies related to EVAW, and has developed a Memorandum on each of the expected reforms and defended their arguments before the Ministry of Justice. UN Women has supported the coalition providing it with tools and guidance on international norms, laws and strategies to EVAW.
UN WomenPalestine supported national counterparts to develop a Family Protection Bill (FPB) in line with international human rights standards. UNW's support included technical advice to the technical committee that was formed by the Council of Ministries to work on the FPB. UNW also facilitated the engagement of the CSOs in this process through sensitizing partners on the rights of CSOs to take part in this process and supporting CSOs simultaneously by providing them with technical and financial support to advocate for the adoption of a responsive bill. UNW has also supported the justice sector strategy to identify legislative priorities for the years 2017- 2022 , which included the penal code, the personal status law, the family protection bill, cybercrime law and others.
Lebanon PP
UN Women Lebanon, in cooperation with several activist civil society organizations, supported a campiagn in 2016 to repeal article 522 of the Penal Code related to rape-marriage, which releases the perpetrator in case he marries the victim. In June 2017, the campaing efforts were materialized with the approval of the Parliament to repeal the article.
DRC
After the promulgation of the revised Family Code, United Nations agencies mobilized to disseminate texts and laws favorable to women's rights (the Family Code, the Parity Act, the Child Protection Act, the Act on the Punishment of Sexual Violence and the Act on the Protection of Persons Living with HIV), The Maputo Protocol on Gender and Development, the Universal Declaration of Human Rights, UN Security Council resolutions (notably Resolution 1325) during the 16 Days of Activism campaigns in November 2017, Amani Festival in February 2018 and Women's Month in March 2018. A draft bill on the reparation and compensation mechanism for victims of sexual violence has been submitted to the Senate. The agencies support the government in the process of reviewing the national strategy to combat sexual and gender-based violence and the national action plan 1325.
SENEGAL
Senegal has a legal framework favorable to the elimination of gender-based violence through the law against excision, the law on parity, the law for nationality, the Senegal Emerging Plan, the National Strategy for Equity and Gender Equality, the National Strategy for the Promotion of Rights and Protection of Children.
CABO VERDE
In the continued efforts to support the implementation of the CEDAW and other international and regional normative frameworks on women’s human rights, in 2017 the UN Women supported the evaluation of the 6-years implementation of the law. The evaluation has provided several insights and evidences of the best practices and lesson learnt that informed the Government in how to improve the procedures and promote new responses to face the challenges of the implementation of the GBV law. This analysis has provided key elements for the monitoring of the national goals for eliminating GBV in alignment with international human rights and gender frameworks and provided guidance’s to where the actors responsible for the application of the law should improve to better tackle this phenomenon in Cabo Verde. The Evaluation of the Implementation of GBV Law has been a powerful instrument of discussion and analyses, UNW supported the government by presenting the final results to public and stakeholders. The conducted evaluation has shown, that, even so, challenges persist, including with the moroseness of judicial responses and in the institutionalization of victim support services, geared toward their sustainability thereof.
MALI
Thanks to the support of development partners including UN Women and a draft law against female circumcision submitted to the National Assembly (NA) of Mali by the PACTE Group, the idea of a law against GBV was formed on the initiative of a working commission composed of national and international organizations under the aegis of the NGO ACORD Mali supported by UN Women. The Government of Mali through the Ministry of Women has taken the lead through the National Programme to Combat the Practice of Excision (PNLE). A committee to monitor the law was set up by ministerial order and this committee delegated a technical team of five national and international experts (two lawyers and an anthropologist from Mali and two volunteer Canadian legal advisors) to draft a bill against GBV in Mali. The Ministry of Gender and the Ministry of Justice will bring this draft bill before the Government and the National Assembly.
CAMEROON
In humanitarian settings, the capacity and the level of ownership of police forces as a primary protection actor on violence against women issues has significantly increased in 2017. Their increased commitment and actions in the field translating the humanitarian principles and national standards in coordination with other humanitarian actors resulted in gender-based violence cases received by gender desk officers at police stations. UNWOMEN also started to work with judicial actors on VAW in 2017 through magistrat training, and it is expected that further collaborative work with Ministry of Justice will continue in 2018 to strengthen their capacity to treat cases with sensitivity and full understanding of the VAW issues
LIBERIA
Except for the 2014 Amendment of the Elections Law of Liberia which calls for the list of candidates from political party or coalition to have no less than 30% of its members/candidates from each gender, there are 3 key laws still before the National Legislature for passage; Domestic Violence Law, Land Rights Law and the CRC.
NIGER
The Constitution of 25 November 2011 and all subsequent texts support the elimination of all forms of violence against women and girls, including the quota law which grants a certain number of elective and nominative places to women the 1325 decree 2017 on the retention of girls in school. All these texts exist but the effectiveness of their application remains problematic.
GUINEA CONAKRY, TOGO, CHAD
Knowledge production and advocacy on violence and maternal health
In Guinea Conakry, about 100 health workers have been trained on GBV and its consequences.
In Togo, the same study generated strong interest from partners. The United Nations system and UNFPA are taking a closer look at this phenomenon.
In Guinea, the capacities of 100 health providers were sensitized on violence in delivery rooms with the contribution of several local NGOs.
Chad has organized advocacy for the dissemination of the penal code through the training of community leaders on the provisions of the penal code and Law 029 prohibiting child marriage.
In Georgia, UN Women supported the Domestic Violence Council to harmonize legislation with the Istanbul Convention and draft a governmental decree to institutionalize the gender equality mechanism within the executive branch of the government. Planned legislative amendments will enhance the Domestic Violence Law to reflect other forms of violence against women, include protective orders, criminalize stalking and female genital mutilation, and align the concept of rape with international standards.
Since 2014 in Tunisia, UN Women, jointly with UNFPA, OHCHR and UNICEF supported the development of the first draft law on violence against women. Since the end of 2014, a close monitoring was ensured with the two consecutive governments to provide technical support and international standards’ guidance to ensure the review of the different versions. Despite the challenges facing the country, the council of ministers has adopted on 13 July 2016 a bill regarding VAW. The House of Representatives has also voted, on the 21st July, the draft of the Organic Law No. 29/2015 on the prevention and fight against human trafficking, which aims at fighting all forms of exploitations of persons, especially women. This law is considered to be in line with international standards.
UN Women, in collaboration with the Jordanian National commission for Women(JNCW), held a roundtable meeting on “Jordan-Morocco sharing of experience on the criminal prosecution of rapists “in May 2016 in Amman, Jordan, at which 11 Jordanian parliamentarians as well as Moroccan parliamentarians exchanged views and experience with regards to the current amendments of the Penal Code. The Moroccan parliamentarians have explained the process they went through of reviewing the penal code over two years and then abolishing article 475 (similar provisions to 308) completely after one female minor “Amina” committed suicide for being forced to marry her rapist. At the end of the session, the Jordanian parliamentarians were equipped with knowledge on how to move forward on the abolishment of article 308 of the penal code.
UN Women has been instrumental in ensuring that the Prevention against Domestic Violence Bill was adopted by the national Parliament in Kenya. This was a significant achievement, since Kenya previously did not have a specific law for prevention and response to domestic violence.
In Vietnam, UNODC supported the revision of the penal code and penal procedure code, promoting the incorporation of relevant international standards and norms, especially concerning violence against women. Similarly, With UN Women, UNODC conducted a gap analysis of Viet Nam's Penal Code and Criminal Procedure Code providing research findings and key UN joint recommendations for strengthening effective responses to violence against women to the National Assembly.
In Viet Nam in 2016, UN Women supports Legal Aid Department of Ministry of Justice to build a legal aid system sensitive to the needs of VAW survivors. This includes 1) technical assistance to legal drafters of the amended Legal Aid Law and to develop joint UN recommendations together with UNDP, UNICEF, UNODC, UNAIDS, highlighting gaps with international normative frameworks; and 2) support to develop a guideline for legal aid providers, reflecting the legislative changes of the criminal laws in 2015 and promoting gender-sensitive and survivor-centred response based on international standards. Materials developed through the support to Judicial Academy and UNODC's handbook for legal aid providers on domestic violence cases will be utilized for this purpose.