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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.
A number of initiatives were undertaken by UN Women country offices through the support of RO and other partner agencies in undertaking advocacy and awareness on addressing sexual violence in conflict situations.
Through the ICGLR Program support and as part of the Domestication of the Protocol on the Prevention and Punishment of Sexual Violence Against Women and Children in the ICGLR member states, a total of 9 countries out of the 12 ICGLR Member States that have established the special court, special sessions and special procedures as mechanisms to fast track SGBV cases within the region. For example, in 2018 Uganda established a special session as a strategy to clear SGBV case back log and they were able to clear a total of 788 cases surpassing the target of 650 set for one month. Countries that do not have any mechanisms to fast track SGBV cases are Tanzania, Central African Republic and Angola. Sudan however implemented special procedures for cases involving children for the period between 2014- 2016.
UN Women also participated and provided briefing to the HQ DPA high level missions and advocacy initiatives towards developing strategies for addressing PVE, CVE with focus on prevention of sexual violence in conflict situations.
The Strategy for Prevention of and Response to the Conflict Related Sexual Violence in Ukraine
The present strategy provides guidance and recommendations on how governmental institutions of Ukraine, civil society organizations, international organizations and UN system can join efforts to effectively prevent and respond to CRSV. The document has a narrative part, which sets out the general context, mandate and scope of the strategy, implementation mechanism, coordination mechanism and tools. Second part of the document is a roadmap matrix that suggests specific objectives, actions for specific actors to carry out to accomplish those objectives, leading to a more targeted approach. The strategy is currently being developed at the initiative of government of Ukraine, applicable to whole of Ukraine.
On 20 May 2021, the Parliament of Ukraine adopted the Draft Law No. 2689 “On Amendments to Legislative Acts of Ukraine on Implementation of Provisions of International Criminal Law and Humanitarian Law” updating Ukraine’s Criminal Code with a full catalogue of war crimes and crimes against humanity, which include, inter alia, sexual violence.
The Second National Action Plan on UNSCR 1325 (NAP 1325) was developed and adopted on 28 October 2020. UN Women provided expert support to ensure the alignment of the NAP 1325 with UNSCR Resolutions on Women, Peace and Security and with UN SG Call to Action – Women Transforming Peace and Security, issued on the 20th anniversary of UN SCR 1325.
To implement the first and the second NAP 1325, the List of Early Warning Indicators (EWI) in Ukraine has been drafted based on the UN Matrix and in consultations with the Government Commissioner of Gender Equality Policy, national and local authorities, CSOs and OHCHR, and with expert support of UN Women Ukraine. In September 2021, the List of EWI is expected to be validated by relevant stakeholders to be further institutionalized by the Government for effective prevention and combatting CRSV.
A training module for district police officers on the concept and prevention of Conflict Related Sexual Violence through community policing was developed by UN Women. The training module will be further piloted through the organization of 4 trainings for police from the conflict-affected Donetsk and Luhansk oblasts.
In Tajikistan, the WPS agenda, especially role and needs of young women and girls, were discussed by participants of the UN Women supported National Forum “Modern approaches to PVE among youth” in February 2020. Over 250 young people (30% of them- women and girls) and 50 officials discussed emerging PVE risks and policies and programmes to reduce them. As a result, young women and girls enhanced their participation for networking and collaboration between young people across the country and youth they learnt innovative forms of youth empowerment in decision-making. The Forum opened new avenues for dialog between youth and decision-makers on WPS and empowered young women girls to contribute to the PVE processes.
As a part of celebration of 20th anniversary of SCR 1325, UN Women conducted special information campaign for pos. pulation. In the frames of the campaign UN Women jointly with CoWFA developed and broadcasted on the National TV a video Women in Peace Processes. The video dedicated to the 20th anniversary of SCR 1325 and brought various views and opinions on the importance of the SCR 1325 and NAPs in Tajikistan’s peacebuilding and development processes. Partnership with UN Women and UN Women’s projects on the topic have been reflected in the video. Additionally, UN Women interviewed Ms. Bozgul Dodkhudoeva, the only women in the National Reconciliation Commission (1997-2000). M Dodkhudoeva’s extended interview on the civil war and post-war processes was posted in local press; the part of the interview on Beijing conference and other important global women’s processes - on the ECA website. Three thematic articles (on SCR1325, women’s role in peacebuilding, and on Tajik-Kyrgyz cross-border cooperation on peace between women) were published in AsiaPlus – the most popular media-resource in Tajikistan and among Tajik citizens abroad.
Women-peacemakers of the Tajikistan’s civil war were vocal in the Generation Equality campaign. One of the UN Women events with the Embassy of France highlighted the WPS agenda.
UN-Women completed the implementation of the recommendations of the independent, victim-centered review of its policies and procedures on tackling SEA and SH in June 2021. Through targeted actions, UN Women was able to maximize the clarity and cohesion of its policy and governance framework, strengthen its prevention and communication efforts, establish sufficient field capacity and proper operationalization, and ensure accountable and transparent investigations.
In coordination with the UN Electoral Assistance Division (EAD/DPPA) UN Women contributed to enhanced UN staff capacities on addressing violence against women in elections (VAWE) through a dedicated sessions delivered during the EAD-UN Staff College course on: A Political Approach to Preventing and Responding to Electoral Violence (7-16 June 2021), with 39 participants from around the world from UNDP, DPPA, OHCHR, UNMISS and UN Women).
UN Women capacities at the regional and national level have enhanced through its triple mandate and technical leadership on EVAW in Africa region. This is evidenced through the leadership on Africa Spotlight Initiative at both regional and country levels, steep increase in the mobilization of resources, strengthening of partnerships with AUC, regional and national CSOs, government and other partners. UN Women in Africa also by leveraging on the Africa Strategy and harnessing the technical capacities of the team through establishment of a regional EVAW Community of Practice (COP) and sharing of innovation and technical knowledge through South-South learning. This helped immensely in initiating, strengthening and upscaling programs on ‘safe markets and safe public spaces’ in Ethiopia, Kenya, Uganda, Rwanda, Tanzania and Zimbabwe; addressing tech violence against girls in education institutions through a research and advocacy document; partnerships with regional traditional leaders in establishing a movement of “Council of Traditional Leaders in Africa (COTLA)” and its launch in the sidelines of the African Union Summit in February 2019 through the President of Zambia in grassroot advocacy and prevention of child marriage, FGM and other harmful practices. Strengthened partnerships with the government and CSOs also helped in technical support in legislative reform, strengthening institutions, establishment of referral pathways and multi-sectoral responses in EVAW in the region.
Technical Support to Country Offices and Partners
ROAP has supported country offices to strengthen capacities on EVAW through dedicated technical support on VAW prevention and Essential Services, webinars, introduction of knowledge products and guidance developed, efforts to establish anti-sexual harassment policies at universities, and providing technical inputs in national EVAWG strategies.
As a response to a social (media) movement against sexual harassment in public space, especially in relation to young actresses and women in the entertainment business, which was started by several actresses in the region of Western Balkans, UN Women Bosnia and Herzegovina mobilized UN agencies to create a joint response to the movement. This initiative gathered relevant portfolios from different UN agencies (UNDP, UNICEF, UNFPA) putting forward a mapping of actions against domestic violence, violence against women and children, gender-based violence and a plan for joint action together with the government for a large-scale systemic response to sexual violence.
UN Women Kosovo, jointly with UNFPA initiated a multi-sectoral dialogue involving actors such as the Ministry of Health, Ministry of Justice, Ministry of Internal Affairs and Agency for Gender Equality/Prime Minister's Office. Through this dialogue, the establishment of provisional quarantine facilities was made possible. UN Women and UNFPA delivered hygiene packages, clothes, PPE and other items to provisional quarantine facilities for gender-based violence and domestic violence survivor cases prior to admission in the shelters.- UN Women Kosovo jointly with UNFPA assisted the Ministry of Justice in developing an emergency protocol for handling cases of domestic violence during the pandemic.
- UN Women Kosovo liaised with donors to respond to the needs of survivors from non-majority communities: liaised with Embassy of UK to support the shelter in North Mitrovica; with Swiss Embassy to support a women's organization providing essential services in North Mitrovica.
In Tajikistan, UN Women led the process of institutionalizing PSEA and development the UNCT PSEA plan. Currently PSEA Country Risk Assessment is being developed.
Number of activities to enhance Capacity of UN Entities in Relation to Violence Against Women, including recent GALS training for several UN agencies have been implemented to date.
UN Women capacities at the regional and national level have enhanced through its triple mandate and technical leadership on EVAW in Africa region. This is evidenced through the leadership on Africa Spotlight Initiative at both regional and country levels, steep increase in the mobilization of resources, strengthening of partnerships with AUC, regional and national CSOs, government and other partners. UN Women in Africa also by leveraging on the Africa Strategy and harnessing the technical capacities of the team through establishment of a regional EVAW Community of Practice (COP) and sharing of innovation and technical knowledge through South-South learning. This helped immensely in initiating, strengthening and up-scaling programs on ‘safe markets and safe public spaces’ in Ethiopia, Kenya, Uganda, Rwanda, Tanzania and Zimbabwe; addressing tech violence against girls in education institutions through a research and advocacy document; partnerships with regional traditional leaders in establishing a movement of “Council of Traditional Leaders in Africa (COTLA)” and its launch in the sidelines of the African Union Summit in February 2019 through the President of Zambia in grassroot advocacy and prevention of child marriage, FGM and other harmful practices. Strengthened partnerships with the government and CSOs also helped in technical support in legislative reform, strengthening institutions, establishment of referral pathways and multisectoral responses in EVAW in the region.
UN-Women continued to support the mainstreaming of gender and development of training sessions on violence against women in politics, which were delivered in the United Nations System Staff College (UNSSC) 2019 courses on Political Approaches to Preventing and Responding to Election-Related Violence.
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.
A number of initiatives were undertaken by UN Women country offices through the support of RO and other partner agencies in undertaking advocacy and awareness on addressing sexual violence in conflict situations.
Through the ICGLR Program support and as part of the Domestication of the Protocol on the Prevention and Punishment of Sexual Violence Against Women and Children in the ICGLR member states, a total of 9 countries out of the 12 ICGLR Member States that have established the special court, special sessions and special procedures as mechanisms to fast track SGBV cases within the region. For example, in 2018 Uganda established a special session as a strategy to clear SGBV case back log and they were able to clear a total of 788 cases surpassing the target of 650 set for one month. Countries that do not have any mechanisms to fast track SGBV cases are Tanzania, Central African Republic and Angola. Sudan however implemented special procedures for cases involving children for the period between 2014- 2016.
UN Women also participated and provided briefing to the HQ DPA high level missions and advocacy initiatives towards developing strategies for addressing PVE, CVE with focus on prevention of sexual violence in conflict situations.
The Strategy for Prevention of and Response to the Conflict Related Sexual Violence in Ukraine
The present strategy provides guidance and recommendations on how governmental institutions of Ukraine, civil society organizations, international organizations and UN system can join efforts to effectively prevent and respond to CRSV. The document has a narrative part, which sets out the general context, mandate and scope of the strategy, implementation mechanism, coordination mechanism and tools. Second part of the document is a roadmap matrix that suggests specific objectives, actions for specific actors to carry out to accomplish those objectives, leading to a more targeted approach. The strategy is currently being developed at the initiative of government of Ukraine, applicable to whole of Ukraine. It is available here.
Iraq CO
UN Women, in collarboration with UNDP, provided 935 survivors of gender based violence and conflict related sexual violence with psychosocial support, legal assistance, and referrals as part of the Stop Rape Now United Nations Against Sexual Violence and Conflict fund. Many of these women were survivors of violence perpetrated by ISIS, and were able to register their cases with the Genocide Committee based in Dohuk, Iraq, contributing to documentaion of ISIS's crimes and providing them with access to justice. In the context of Security Council resolution (SCR) 2106 (2013), the UN agreed with the Government of Iraq a joint , (the “Joint Communiqué”) as a framework of cooperation to prevent and address conflict-related sexual violence (CRSV) committed in the country on 23 September 2016. During 2017 and 2018, UN Women has been actively engaged in developing the Action Plan for implementation of the Communique and the Monitoring, Analysis and Reporting Arrangements (MARA) Mechanism, contributing to the systematic gathering of timely, accurate, reliable and objective information on CRSV against women, men, girls and boys in Iraq. UN Women also supported development of and participated in the SRSG on CRSV visit to Iraq in March 2018, reinforcing its work to combat GBV and support government response for survivors.
Under the UN Action- funded project, UN Women provided technical guidance to JNCW and its partner, NAMA Strategic Intelligence Solutions (contracted by NATO), as they conducted a Gender Audit of the Police, Civil Defense and Gendarmerie. The audit seeks to identify gaps and recommendations for securing the meaningful participation and leadership of women in all parts of the security sector. The audit’s findings will also support the identification of gaps that must be addressed within the security sector as it increases its capacity to respond to incidents of CRSV.The prime minister and cabinet endorsed the JONAP 1325 on 3 December 2017. Throughout the year, the JONAP 1325 benefitted from substantial engagement across all sectors, including consultations with civil society in the different governorates throughout Jordan. The final JONAP includes the following CRSV specific outputs: 3.3.2: “Instruments to monitor, document and report GBV and CRSV are created – linked to national structures and systems,” and 3.3.3: “Prosecutors, judges and the security sector are trained on how to handle GBV and CRSV, and promote access to safe reporting channels”
During the reporting period , UN Women lebanon succeeded to push forward progress on WPS through its leading role to develop the NAP 1325 for Lebanon. Substantive progress was achieved in terms of : a) conducting training sessions to the members of the national Council for Lebanese Women, Meetings with more than 17 focus groups representing Syrian, Palestinian and Iraqi refugees, in addition to meetings with religious leaders. The aim of the meetings is to enhance their knowledge on the UNRC 1325 themes and also collect information oin the challenges they are facing and their concerns. All these will feed in the formulation of UNCR 1325 NP for Lebanon. Furthermore, UN Women as leading UN agency, finalized the situation Analysis, held more than 5 meetings with other UN agencies and 3 meetings with the national counterpart. WPS addresses the 4 pillars which includes Prevention, Protection and Recovery for women within conflects.
Morocco MCO
In 2017, through its chair of the Gender Thematic Group, UN Women Morocco organized several thematic sessions on EVAW issues for gender focal points of the UN System. A session was dedicated to the presentation and analysis of the recently-adopted law on human traffiking, and was animated by UN Women's partner from the Ministry of Justice, the Magistrate in charge of criminal cases involving children and women. Another session was co-organized with UNFPA and the Ministry of Health to present its annual report on State of the World Population and the Ministry's sectoral programme on EVAW. Finally, the GTG served as a coordination platform for the 16 Days campaign and all agencies were invited by UN Women to commemorate together the International Day to End Violence Against Women and Girls that was organized on November 24, 2017, with a release of hundreds of ecofriendly orange balloons and with the presence of the Resident Coordiantor and the Ministry of Women's Affairs.
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.
UN Women undertakes several measures to address sexual violence in conflict situations related to the UN Women workforce such as:
- Message of prohibition of sexual misconduct and SEA and importance of reporting repeatedly communicated by ED.
- Since February 2017, UN Women has provided training to personnel in over 20 field offices and HQ sections.
- Launch of UN Women’s initiative “Take a Stand” in 2016, which provides guidance not only on how to report cases but also on services available to the affected staff member – from telecommuting, to salary advances, to advanced leave requests, and assisting in facilitating their access to safe and secure spaces.
- Established a network of focal points on SEA in headquarters and its Regional Offices from whom staff can request guidance on reporting allegations of sexual exploitation and abuse.
- Ensuring that where there are ANY allegations of SEA or other sexual misconduct committed by UN Women personnel or partners, they are promptly referred for investigation.
- Ensuring that alleged victims are referred to the appropriate service providers for protection, medical care and support.
- Collaborating with the Secretary-General’s Victims’ Rights Advocate Ms. Jane Connors on sexual exploitation and abuse and victims’ assistance.