Gender and Law Initiatives in Francophone Sub-Saharan Africa. Gender and Law Workshop in Francophone Sub-Saharan Africa (March 1998)

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1 Public Disclosure Authorized No. 148 June 1999 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Gender and Law Initiatives in Francophone Sub-Saharan Africa Gender and Law Workshop in Francophone Sub-Saharan Africa (March 1998) As a result of two years of constructive dialogue between the World Bank (WB), government agencies and grassroots associations involved in the advancement of women, a workshop for the Promotion of the societal status of women in Francophone Sub-Saharan Africa was organized in March 1998 in Cotonou by the (AFJB) with WB technical and financial assistance. From the perspective of the Bank, this initiative provided a timely forum to discuss the potential of gender-responsive legal and judicial reforms as part of the overall WB poverty alleviation and economic growth strategy. From the perspective of Benin, the convening and organizing of this three day sub-regional workshop was the first of a set of activities to be implemented by the AFJB through the Bank grant-fund for Institutional Development and Legal Reform to support the empowerment of women in Benin. As the Institutional Development Fund (IDF) supports the forging of strategic alliances between government agencies and those in civil society who promote the improved societal status of women, the invited workshop participants were NGOs with a focus on legal literacy and legal reform and staff members from the Women Affairs Units from each of the respective eleven countries (Benin, Burundi, Burkina Faso, Cameroon, Côte d'ivoire, Guinea- Conakry, Mali, Niger, Rwanda, Senegal and Togo). Workshop Objectives These were to provide for: a) an exchange of views (between civil society and government agencies as well as between countries) on country-specific substance of law, law enforcement and legal literacy issues, as these relate to women's experience of discrimination; b) a constructive comparison of the operational experiences of the participants in these areas of activity. As such, the workshop was understood to be the first step in a foreseen twelve month process leading to the development, formulation and financing of country-specific action plans, for the participant countries.

2 Workshop Discussions These were very effectively structured and facilitated by the President and members of the AFJB. These included: eleven country-specific presentations discussed during the first day plenary and from this basis, the participants identified the three themes which provided the focus for the active working group debates on the second day: a) political leadership and the institutional and legal status of women; b) the weight of religion and traditions in sociocultural discrimination against women; c) women's access to resources in Health, Education and Financial Services. Summary of cross-country gender and law key priorities The following outline is based on the information developed in these country specific presentations and the follow-up discussions. A brief description of the priorities voiced by government and NGO participants is presented as a viable framework for technical and financial assistance. These include: Institutional strengthening of government units involved in the promotion of the societal status of women, assisting Women Affairs Units in clarifying their mandate and adapting their institutional and organizational structure through improved coordination with key sector ministries and partners in development at both central and departmental levels. Supporting a participatory approach in drafting gender-sensitive policy documents, strategies and action plans and in defining viable mechanisms and techniques to mainstream the gender approach within the budgetary process. Drafting gender-responsive legislation, supporting the on-going legal and regulatory reform process, assisting in drafting gender-responsive laws and regulations and/or amending existing discriminatory legislation. Promoting gender-responsive legal literacy and legal technical assistance initiatives at the grassroots level, through the design and distribution of booklets for literate women and visual training material for illiterate communities. Funding the collection of gender-disaggregated data, strengthening the capacity of government units (in close collaboration with the Directorates of Statistics) to collect, process and use data which affect the legal, economic and social status of women. Supporting gender-sensitive public information campaigns (radio, TV spots and newspaper clips) for the promotion of the societal status of women. Facilitating the strategic alliance between government, NGOs and civil society, encouraging partnerships between government and non-government agencies involved in implementing initiatives for the advancement of women. Prior to the launching of the IDF-supported activities in Benin, the framework described above had been used in the process of identifying the priorities for gender and law reform in Benin, as summarized in Table 1. Table 1 : Framework of priority issues

3 a) Institutional strengthening of government units involved in the promotion of the societal status of women At the central level: ineffective functioning of gender focal points within key sector ministries; at the decentralized level: lack of human and financial resources of the departmental units b) Drafting genderresponsive policy documents and budgets Lack of policy for the advancement of women and inability of the Women Affairs Unit to strategically lobby to mainstream gender concerns within the budgetary process c)drafting genderresponsive legislation Duality between modern and customary law: draft Family Code (1991) at the National Assembly for approval since 1995, Customary of Dahomey (1930) still in use; CEDAW Convention ratified (1992) d) Promoting genderresponsive legal literacy and legal technical assistance Legal literacy initiatives led by the Associatio n of Women Jurists at both central /departm ental level (Mono et Atlantique ); Lack of involveme nt of governme nt units in legal literacy initiatives AFJB project to establish standing Legal Aid Clinics in all Departme nts e) Funding the collection of genderdisaggregated- f) Supporting public information g) Facilitating the strategic alliance between government,

4 data Minimal partnership with the Department of Statistics (INSAE) and lack of use of genderdisaggregated data within policy dialogue campaigns Need to promote information campaigns on the draft Family Code and the fight against persistent harmful practices NGOs and civil society Need to insist on the difference between coordinatin g the execution and directly implementi ng initiatives for the advanceme nt of women Lack of institutional ized partnership between governmen t and civil society (accentuate d at the central level) The Institutional Development Fund for the promotion of the legal status of women in Benin (1997) As a result of constructive interaction with government and non-government agencies involved in the advancement of women, it was possible to design a program of technical assistance which aims at: strengthening the institutional capacity of government units; facilitating strategic alliances between government and non-government agencies involved in implementing and coordinating initiatives for the promotion of the societal status of women; and

5 supporting the execution of legal literacy and legal technical assistance related initiatives at the grassroots level. The selected priorities were the result of a systematic review of the country Constitution, statutes and regulations which identified the issues of law, law enforcement, legal literacy, social practices and financial constraints which are significant barriers to women's social and economic empowerment (i.e. the age of marriage, the legal status of family planning services, let alone cross-sectoral issues such as family law, ownership of property). The outline in Table 2 summarizes the range of activities promoted under the IDF for Benin. Table 2: Women's Affairs Unit a) Institutional strengthening of government unit. Clarifying the Women Affairs' Unit's institutional goals and improving its organizational structures through coordination with key sector ministries and partners in development at both central and departmental levels. b) Data-collection. Strengthening the Women Affairs' Unit's capacity to collect, process and use data that affect the legal, economic and societal status of women (in close collaboration with the Directorate of Statistics) and to facilitate this process in key government and nongovernment agencies. a) Institutional strengthening of NGO. Strengthening the technical and institutional outreach of the already established program of activities of the. b) Legal literacy. Promoting legal literacy and legal technical assistance through the publication of visual training material for illiterate women and booklets for literate women in French, Fon, Yoruba, Baatombu. c) Public information campaigns. Design of public information campaigns (radio, TV spots, newspaper clips) for the promotion of the societal status of women.

6 The priorities identified by participants during the March 1998 workshop provided for a crosscountry comparative analysis of progress thus far in pursuing gender-responsive legal and judicial reforms in Francophone SSA. During the follow-up discussions, this comparative analysis enabled the gender and Law team to identify potential areas for WB technical and financial assistance and led to the highly participatory design of IDF proposals. Table 3 summarizes the program of technical assistance comparable to that for Benin which has now been developed to promote the legal status of women in the other Francophone countries of Sub- Saharan Africa. Table 3 : Gender and Law follow-up in selected Francophone SSA countries Country Partners Status Benin Burundi Burkina Faso Cameroon Côte d Ivoire Ministry of Social Protection and Women Affairs of Benin (AFJB) of Burundi (AFJB) Ministry for the Promotion of Women Ministry of Justice of Burkina Faso (AFJBF) Mouvement Burkinabé des Droits de l Homme et des Peuples (MBDHP) Ministry of Women Affairs of Cameroon (ACAFEJ) Ministry for the Promotion of the Family IDF approved in FY 1997 under implementation (Closure Date : September 1999) Identification mission planned in FY 2000 IDF being developed by Women Gender Unit in partnership with the Ministry of Justice and local NGOs (to be finalized in FY 2000) Discussion re preparation of IDF lack in-country momentum Discussion re preparation of IDF lack in-country momentum

7 Guinée- Konakry Mali Mauritania Niger Rwanda of Côte d Ivoire Ministry of Social Affairs Promotion of Women, and the Child Ministry of Justice NGO Femme-Justice-Aide Ministry for the Promotion of Women, the Child and the Family (MPFEF) of Mali (AJM) Secretary for the Promotion of Women (SECF) of Mauritania (AMAFEJ) Ministry of Social Development, Population, Promotion of Women and Protection of the Child of Niger (AFJN) NGO Ridd-Fitila (Réseau d Intégration de Diffusion du Droit en Milieu Rural) MIGEPROFE Ministry of Justice NGO Association pour la Défense des Droits de Identification mission planned in FY 2000 IDF being developed by the NGOs in partnership with government (to be finalized in FY 2000) IDF approved in FY 1999 IDF approved in FY 1999 IDF to be approved in FY 2000 Gender and law workshop in Kigali under WB technical and financial assistance, May 1999; IDF to be finalized in FY

8 Senegal Togo l Homme et des Enfants (HAGURUKA) Ministry of Women, the Child and the Family Centre d Information Juridique du Réseau Africain pour le Développement Intégré NGO African Institute for Democracy Ministry of Social Affairs, National Solidarity and the Promotion of Women NGOs GF2D/CRIFF, Ligue Togolaise des Droits de la Femme (LTDF), La Colombe 2000 Discussion re preparation of IDF lack in-country momentum. Identification mission planned in FY 2000 IDF approved in FY 1999 For more information on this subject, please contact Elizabeth Morris-Hughes, Rm. J8-105, World Bank, 1818 H Street NW, Washington DC 20433, tel. no. ( 202) , address emorrishughes@worldbank.org