Support for Legislative Development

UNFPA works in partnerships with governments to develop legislation that is responsive to the needs of survivors and that is aligned with international laws and human rights standards. UNFPA provides technical, human and financial resources to support the development of national laws and largely engages with governments. By the end of 2020, as much as 96% of UNFPA Country Offices were involved in strengthening national legislation and policy. For example, in Kyrgyzstan, UNFPA contributed to the review of gaps in legislation resulting in expanded and improved services for survivors, increased awareness on gender-based violence and the utilization of new technologies during the pandemic. In the Gambia, UNFPA contributed to the approval of a law criminalizing FGM. And, in Nigeria the Violence Against Persons’ Prohibition Act has been adopted in 20 States in 2020 (bringing the total to 25 States).

UNDP is working closely with national partners to support their legislative development to address gender-based violence, and to support national capacities on access to justice and protection through multi-sectoral support and services.

In Myanmar, UNDP and UN Women have made headways in linking legal aid services to women in villages and IDP camps. UNDP supported with technical inputs for the Prevention of violence against women Bill (PoVAW).

The Malaysian office is implementing a gender mainstreaming project with the Ministry of Women and drafting the Anti-Sexual Harassment Bill.

UNDP is in close cooperation with the National Parliament to strengthen the legislation related to GBV and EVAWG in Timor- Leste.

In Peru, UNDP in cooperation with national ministries, is strengthening national system of justice for protection and punishment around VAW.

UNDP Maldives, Pakistan, Bangladesh, Montenegro, North Macedonia, Serbia, Tajikistan, Argentina, Ecuador and many other country offices are working with national authorities in reviewing the existing law and drafting the necessary amendments or supporting new act to enhance gender responsiveness of legislation.

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.

In Mexico, UNODC provided legislative support to promote the harmonization of criminal laws against femicide at the state level.

In South Africa, UNODC provided input for the official review of draft legislation concerning sexual and domestic violence (i.e. the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill, the Domestic Violence Amendment Bill, and the Criminal Matters Amendment Bill).

UNODC published the Model Legislative Provisions against Trafficking in Persons and a Legislative Guide to the Trafficking in Persons Protocol, in which measures and principles such as the principle of non-discrimination, establishing procedures to collect gender-disaggregated data, developing gender-sensitive policies against trafficking in persons and educational programs promoting gender equality as preventative measures, are discussed and promoted as practical and implementable best practices.

UNHCR developed a Guidance Note on the International Convention on the Elimination of Discrimination against Women. The Guidance Note aims to serve as a resource for UNHCR staff with regards to: understanding the overall structure and content of the Convention; drafting UNHCR’s confidential comments to the Committee; helping asylum-seeking, refugee, internally displaced and stateless women and girls to understand and claim their rights under the Convention; and, informing other means of advocacy such as judicial interventions, UNHCR comments on draft national legislation, and public communications. 

UNHCR has also supported the development of thematic legislation in different operations.

In addition, UNHCR launched its internal UNHCR’s Universal Periodic Review Dashboard. The UPR dashboard is a simple interactive tool that allows UNHCR colleagues to easily visualize, filter and extract data and the text of UPR recommendations which are directly related to UNHCR’s persons of concern. It includes data from OHCHR’s Universal Human Rights Index, but it is specifically limited to UPR recommendations related to persons under UNHCR’s mandate and the data has been tagged to allow filtering by regions and themes of relevance to UNHCR. It also provides quick links to past UNHCR UPR submissions and to States’ official UPR pages on OHCHR’s website.

ESCWA, in partnership with UNDP, UNFPA, and UN WOMEN launched a new report entitled “Gender Justice & Equality Before the Law in the Arab States Region: A Regional Analysis of Progress and Challenges” that brings a unique regional lens to laws and law enforcement practices – examining social and economic contexts in which laws are made and pointing to examples of good practice from across the region to encourage exchanges of experience and ideas to advance gender justice. The report builds upon 18 country reports that partners produced, one year ago, under their joint Gender Justice Initiative and which highlighted successful legal provisions and identify gaps that countries can target to meet their international obligations and commitments.

In 2019, UNODC provided technical legislative support/ services to six countries (Algeria, Dominican Republic, Ethiopia, India, State of Palestine, Zambia) for drafting legislation on trafficking in persons. This included assessing legislative needs, providing substantive input on draft legislation, providing substantive and technical input and support during legislative drafting workshops and assessing compliance with existing domestic legislation. UNODC also collaborated with the Government of Uzbekistan to promote the rights of women within the framework of existing laws related to gender.

In 2019, DPPA continued to provide technical assistance to improve electoral laws, processes, and institutions, including from a gender perspective; and providing good offices and support for political dialogue to enable a conducive environment for elections.