Support for Legislative Development

The framework for ILO action to implement the June 2019 International Labour Conference Resolution concerning the elimination of violence and harassment in the world of work was approved in the latter part of 2019 by the ILO Governing Body. The framework, among other things, included elements of a strategy for wide ratification of Convention No. 190 such as – and based on constituents’ requests -- promoting national reviews that assess relevant laws, collective agreements, policies and practices, and helping member States to understand what is required for effective implementation and possible future ratification. 

Besides legislative reviews undertaken with a view towards the ratification of the Violence and Harassment Convention, No. 190, technical support and assistance in terms of legislative development remains at the heart of ILO’s core role. Therefore, support for legislative development is also provided by the Office through the comments and observations adopted by the ILO Committee of Experts on the Application of Conventions and Recommendations, as well as through the technical assistance provided in the adoption of labour laws, particularly those tackling sexual harassment.   

In Chile, Corporación Humanas implemented a UN Trust Fund-funded project that brought together groups of migrant women; lesbian, bisexual and transgender women; women living with disabilities; and women living with HIV/AIDS to advocate for a comprehensive law that ends violence against women and girls and under which such violence is recognized not only in the private sphere, but also outside the family context. The bill, which was presented to Congress at the end of the project, reflects the many manifestations of gender-based violence, incorporates provisions of the Convention on the Elimination of All Forms of Discrimination against Women a and is aimed at encouraging institutions and regulations to take an intersectional approach to ending violence against women. More than 600 underrepresented women and girls participated in active discussions about what should be in the bill.

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. 

The United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UNLIREC) undertook extensive legal reviews to cross-reference small arms laws with domestic violence provisions throughout twenty-two Latin American and Caribbean states. These studies included recommendations to incorporate restrictions on the acquisition and renewal of firearms licenses by those who have been convicted of domestic violence. 
The United Nations Regional Centre for Peace and Disarmament in Asia and the Pacific (UNRCPD) engaged in a legal and technical assistance project in Timor-Leste to develop a National Action Plan on the implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (PoA) and the Arms Trade Treaty (ATT) including consideration of gender and violence aspects.

In Uzbekistan, UNODC supported the Government in the development of a draft law on the prevention of domestic violence. In Egypt, UNODC is supporting the Government to develop fair and effective procedures to deal with cases of violence against women and girls, and thus to ensure a victim-centred approach as well as a fair and just prosecution of perpetrators.

The OHCHR supported the work of the SRVAW who presented two thematic reports to the Human Rights Council and the General Assembly in 2018 on online violence against women and violence against women in politic.

During the period under review, the OHCHR supported the SRVAW in producing a number of legal and policy recommendations in communications sent to over 50 Member States and recommendations issued after country visits to:  Canada (11 to 23 April 2018); Nepal (19 to 29 November 2018).

The OHCHR supported the work of the SRVAW, and SUMEX along with other relevant mandates in issuing a statement calling for revocation of a bill to amend Guatemala’s National Reconciliation Law which has been the basis of trials involving human rights violations in the country since the peace accords of 1996, and would establish an automatic mechanism for extinguishing the criminal responsibility of all those responsible for serious violations of human rights committed during that period (22 February 2019).

The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in formulating a series of recommendations aimed at supporting legislative development following its mission to Honduras (1-14 November 2018). It recommended to:

- Repeal laws prohibiting access to emergency contraception and liberalize abortion law so as to ensure access at least in cases where the pregnancy poses a threat to the life or health of the woman, where it is the result of sexual violence or in case of severe foetal impairment, as the first step;

- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;

-Ensure that the media do not promote stereotypes and gender-based violence, and raise their awareness on violence against women and human rights defenders;

- Provide the necessary support to women candidates, address political violence against women and promote women’s participation in political life;

- Conduct sustainable awareness-raising campaigns to prevent violence against women in politics and effectively investigate cases;

- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;

- Ensure that human rights education is taught in all public schools, covering women’s rights and gender equality, with a focus on prevention of gender-based violence;

- Regarding indigenous and Afro-Honduran women (including Garífuna) guarantee their access and full participation in decision-making; prevent and combat violence against them;

- Eliminate violence, discrimination and stigmatization against lesbian, bisexual, transgender, queer and intersex women, women with disabilities, women engaged in sex work/prostitution and women living with HIV and ensure their effective participation in political, civil, economic and social life and access to quality health services.

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.