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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.
UN-Women has continued bringing the critical issue to the center of the normative agenda. This has been reflected in Agreed Conclusions of the 65th Session of the CSW. Available here
UN Women promulgated an update of its policy on the prevention of Harassment, Sexual Harassment, Discrimination, and Abuse of Authority in May 2020. The policy has been revised to notably: (i) clarify the purpose of the policy (ii) incorporate elements of the CEB Task Force on Harassment Model Policy, including strengthened language on zero tolerance, victim-centred approach and updated definitions (iii) update roles & responsibilities Three specific role-based guidance in relation to sexual harassment for supervisors, affected persons and alleged perpetrators were developed in conjunction, providing clear and concise information.
The Procedure for Selecting Programme Partners was revised by UN Women to include a SEA assessment of partners in accordance with the UN Protocol on Allegations of Sexual Exploitation and Abuse involving Implementing Partners, and the corresponding ST/SGB/2003/13 provisions. As part of the implementation of the revised procedure, a new Partner Agreement template for contracting programme partners was developed. The Partner Agreement includes, inter alia, an outline of the standard of care expected of programme partners relating to SEA; an undertaking by the programme partner that they accept the standards of conduct set out in ST/SGB/2003/13; an acknowledgement that SEA are strictly prohibited and that UN Women will apply a policy of zero tolerance with regard to SEA; and the requirement that the programme partner investigate and report any allegations of SEA to UN Women and that personnel whom they engaged have undertaken training on prevention and response to SEA (including access via a link to the United Nations SEA online training for all implementing partners).
The study on “Prospects for Ending Child Marriage in Africa: Implications on Legislation, Policy, Culture & Interventions” undertook mapping of the legislative frameworks in 10 countries in Africa, which is also guiding the countries in strengthening the EVAW and Child Marriage legislations. The ESARO is supporting in 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.
A study on “Mapping of Discrimination Faced by Women with Disabilities in ESAR” also highlighted the various forms of discrimination and violence faced by women with disabilities and will help advocacy with member states on enactment of legislation and policy in the 6 study countries of Ethiopia, Kenya, Uganda, South Africa, Tanzania and Zimbabwe.
Report: Regional Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey
This report presents a summary of the discussions held during the first Regional Forum on Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey. Convened by the Government of the former Yugoslav Republic of Macedonia, UN Women, the European Union, and the Council of Europe (CoE), in partnership with European Women’s Lobby, the regional forum reviewed progress in fulfillment of the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention. The forum took place within the framework of the EU-UN Women regional programme “Implementing Norms, Changing Minds".
Report: Second Regional Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey
The report presents a summary of discussions and conclusions from the Second Regional Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey. Convened by the Government of Albania, UN Women, the European Union, and the Council of Europe, the Second Regional Forum reviewed progress in ending violence against women and girls and implementing the Istanbul Convention in the region. The forum took place on 9-10 October 2019 under the framework of the EU-UN Women regional programme "Implementing Norms, Changing Minds."
https://eca.unwomen.org/en/digital-library/publications/2020/02/second-regional-forum-report
Mid-term review of the ASEAN Regional Plan for Action on EVAW
UN Women supported the mid-term review of the implementation of the ASEAN Regional Plan of Action for Ending Violence against Women. UN Women provided financial and technical support to facilitate the review, to draw lessons learned and recommendations from the review, which will be reflected in the next workplan of the ASEAN Regional Plan of Action.
UN Women promulgated an update of its policy on the prevention of Harassment, Sexual Harassment, Discrimination, and Abuse of Authority in May 2020. The policy has been revised to notably:
(i) clarify the purpose of the policy
(ii) incorporate elements of the CEB Task Force on Harassment Model Policy, including strengthened language on zero tolerance, victim-centred approach and updated definitions
(iii) update roles & responsibilities Three specific role-based guidance in relation to sexual harassment for supervisors, affected persons and alleged perpetrators were developed in conjunction, providing clear and concise information.
UN Women revised its Procedure for Selecting Programme Partners to include a SEA assessment of partners in accordance with the UN Protocol on Allegations of Sexual Exploitation and Abuse involving Implementing Partners, and the corresponding ST/SGB/2003/13 provisions. As part of the implementation of the revised procedure, a new Partner Agreement template for contracting programme partners was developed. The Partner Agreement includes, inter alia, an outline of the standard of care expected of programme partners relating to SEA; an undertaking by the programme partner that they accept the standards of conduct set out in ST/SGB/2003/13; an acknowledgement that SEA are strictly prohibited and that UN Women will apply a policy of zero tolerance with regard to SEA; and the requirement that the programme partner investigate and report any allegations of SEA to UN Women and that personnel whom they engaged have undertaken training on prevention and response to SEA (including access via a link to the United Nations SEA online training for all implementing partners).
On 21 December 2020, in Kazakhstan UN Women conveyed the consultations to validate the findings of the analysis of a compliance of Kazakhstan national legislation with CoE/Istanbul Convention and discuss perspectives of Kazakhstan to join the Convention. This is now being followed-up within the Spotlight Regional Programme for Central Asia.
Sensitization of local stakeholders to the Istanbul Convention is one of the objectives of the Spotlight Programme in Tajikistan. It's also a regular topic at various relevant occasions.
The study on “Prospects for Ending Child Marriage in Africa: Implications on Legislation, Policy, Culture & Interventions” undertook mapping of the legislative frameworks in 10 countries in Africa, which is also guiding the countries in strengthening the EVAW and Child Marriage legislations. Another important area the ESARO is supporting is 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.
A study on “Mapping of Discrimination Faced by Women with Disabilities in ESAR” also highlighted the various forms of discrimination and violence faced by women with disabilities and will help advocacy with member states on enactment of legislation and policy in the 6 study countries of Ethiopia, Kenya, Uganda, South Africa, Tanzania and Zimbabwe.
Report: Regional Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey
This report presents a summary of the discussions held during the first Regional Forum on Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey. Convened by the Government of the former Yugoslav Republic of Macedonia, UN Women, the European Union, and the Council of Europe (CoE), in partnership with European Women’s Lobby, the regional forum reviewed progress in fulfillment of the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention. The forum took place within the framework of the EU-UN Women regional programme “Implementing Norms, Changing Minds". The report is available here.
Report: Second Reginal Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey
The report presents a summary of discussions and conclusions from the Second Regional Forum Promoting the Implementation of the Istanbul Convention in the Western Balkans and Turkey. Convened by the Government of Albania, UN Women, the European Union, and the Council of Europe, the Second Regional Forum reviewed progress in ending violence against women and girls and implementing the Istanbul Convention in the region. The forum took place on 9-10 October 2019 under the framework of the EU-UN Women regional programme “Implementing Norms, Changing Minds.” The report is available here.
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.
Jordan CO
On 16 February 2017, the Committee on the Elimination of Discrimination against Women considered the sixth periodic report of Jordan on its implementation of the CEDAW provisions. Ahead of the CEDAW Committee session, UN Women presented the UNCT CEDAW shadow report to the Committee developed in 2016. The development of Jordan’s 6th Periodic Report is also the result of the technical support provided by UN Women, in partnership with UNICEF and UNFPA, to JNCW through a dedicated joint programme which allowed extensive national consultations. Following the issuing of the Committee’s concluding observations, the CO continues to engage UN partners, donor and the civil society in the discussion over Jordan’s international commitments, with a particular focus on issues related to patriarchal attitudes and stereotypes. A new pilot programme has been launched in November 2017 funded by the Government of the Netherlands.
2017 was a UPR reporting year for Morocco, UN Women’s support to the coalition focused this year to the civil society advocacy on Member States recommendations and the National Report. In this respect, UN Women supported the Moroccan civil society coalition for the defense of women’s human rights in intergovernmental human rights processes and bodies. The coalition is composed of 32 civil society organizations based throughout the whole national territory and works following a participatory approach and inclusive processes. UN Women has supported three consultations related to the UPR process were convened with the civil society: (i) the first one between four representatives of the coalition and four UN Women staff on the coalition advocacy strategy, (ii) the second one with the UN system through the Gender thematic group to which 13 UN staff and 6 members of the coalition participated, (iii) the third one with bilateral and multilateral cooperation agencies with the European Union Delegation, with about 30 representatives of cooperation agencies.
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 internal policies:
UN Women has policies which are available to its personnel. They receive these through their welcome letter the moment they join the organization, available links on our intranet pages, and in house non/mandatory courses and information sessions.
Here are the policies:
- The UN-Women Legal Framework for Addressing Non-Compliance with UN Standards of Conduct defines misconduct and the mechanisms within UN-Women for reporting and investigating it. The investigations function for UN-Women is assumed by the Office of Internal Oversight Services (OIOS), which has the mandate to investigate all reports of alleged misconduct involving staff members and allegations of fraud and corruption, whether committed by staff members or outside parties.
- TheUN-Women Policy on Protection Against Retaliationestablishes "whistleblower protection."
- The UN Women Policy on Workplace Harassment and Abuse of Authority is a helpful document in providing definitions, measures of prevention, and steps to resolving improper conduct.
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.
DRC: The DRC is a signatory to several international agreements and texts without restriction. The internal legal framework is improving with the promulgation in July 2016 of the revised Family Code. The challenge remains strict law enforcement. The country is also a signatory to international agreements for peace, notably the Addis Ababa Agreement, the Kampala Agreement, etc.
SENEGAL: Senegal has endorsed the international conventions for the elimination of violence against women, which consider such violence as a violation of human rights.
CABO VERDE: IX CEDAW report elaborated with UNW support
CAMEROON: UNW Cameroon worked to reduce violence against women through creating a legislative and policy environment in line with international standards on EVAW and other forms of discrimination and promoting social norms, attitudes and behaviors at community and individual levels to prevent VAW. A national strategy on Gender Based Violence has been adopted in collaboration with the Ministry of Gender. Moreover, women and girls among refugees, IDPs, and host communities, including Boko Haram survivors know and use the protection mechanisms available to them through Un Women intervention in collaboration of others humanitarian actors
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.
Some members of parliament have introduced a bill to amend the 2006 Rape Law to allow bail for perpetrators accused of sexual violence.
UN Women Liberia supported the National Council of Chiefs and Elders and the Ministry of Internal Affairs, to host a 3 days consultative session with over 150 traditional leaders and paramount chief to discuss positive aspect of traditional practices in Liberia. The Forum agreed to conduct an inventory of all grooves or “Traditional bush schools” as well as a list of practitioners in the 10 counties that practice Female Genital Mutilation.
NIGER
Like all other African countries, Niger has ratified international conventions and agreements for the elimination of forms of violence against women. But texts like CEDAW have been ratified with reservations. the taking of appropriate measures to eliminate all customs and practices which constitute discrimination against women, especially in matters of inheritance; the modification of the socio-cultural patterns and patterns of men and women; the right of married women to choose their domicile or residence; the equality of spouses in the choice of surname ;the attribution of the same rights to women as men have in deciding the number and space of births and ultimately the attribution of the same rights and responsibilities to women as men have during marriage and at its dissolution. This is merely a misinterpretation and misunderstanding of the terms of the text. To this misinterpretation is added the lack of knowledge of these texts by the actors of justice and the litigants themselves; the amalgam between positive law and Muslim law, custom, .... the UN Women Niger office works for a better consideration of women's rights and the fight against GBV.
NIGERIA
Within the period there was no passage of any international bill into law in Nigeria, however, the Violence Against Persons (Prohibition)(VAPP) Bill and this was signed into law by the former president on the 25th of May 2015 is being utilized by lawyers and advocates to facilitate access to justice for women and girls. UN Women engagement with national coalition of stakeholders - Legislative Advocacy Coalition on VAW (LACVAW) has continued to ensure that the advocacy for implementation is amplified. UN Women also continue to partner with the Gender Technical Unit (GTU) to ensure that legislators are effectively lobbied for issues that affect women
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.