Mainstreaming gender perspectives to achieve gender equality: What role can Parliamentarians play?

Mainstreaming gender perspectives to achieve gender equality: What role can Parliamentarians play? Briefing Paper for Members of the Parliament of the Cook Islands August 2016 Prepared by the Ministry of Internal Affairs and the Pacific Community GOVERNMENT OF THE COOK ISLANDS 1

Contents Introduction... 3 The Context... 3 What gender mainstreaming is about?... 5 How the Parliament can Support a Gender Mainstreaming Process?... 6 1. Gender analysis of prospective legislation... 7 2. Oversight of budget from a gender perspective... 7 3. Oversight of compliance with national and international instruments... 8 4. Progressing gender-sensitive reforms... 9 5. Gender Responsive Representative Functions of the Parliamentarians... 10 Conclusions and Recommendations... 11 The Pacific Community (SPC) provided technical assistance for this initiative as part of the SPC programme Progressing Gender Equality in Pacific Island Countries, funded by the programme, Pacific Women Shaping Pacific Development of Australia s Department of Foreign Affairs and Trade. 2

Introduction Progressing gender equality requires the coordinated efforts of all components of the government in implementing policies and programmes and delivering services, which address the needs of women and men of all ages and in all their diversity, and eliminate all forms of discriminatory and unfair practices that induce inequality between women and men. Members of Parliament (MPs) can play a significant role in supporting this process through their functions of oversight, making and amending laws, approving budgets and debating important issues. A gender-sensitive parliament is a parliament that responds to the needs and interests of both men and women in its composition, structures, operations, methods and work (Inter- Parliamentary Union, 2012:8). The purpose of this policy brief is to provide practical information to support the adoption of a gender mainstreaming approach to performing the functions of parliament. Context The Cook Islands Constitution (1964) guarantees to all citizens equal rights without regards to sex, and the country ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2006. Commitments to gender equality have been repeatedly expressed through the endorsement of national, regional and international instruments, including the 2012 Pacific Leaders Gender Equality Declaration. In 2011, Government endorsed the National Policy on Gender Equality and Women s Empowerment (GEWE), which aims to establish and reinforce mechanisms to eliminate gender inequalities. More recently, the National Strategic Development Plan 2016 includes a specific goal to accelerate gender equality, empower all women and girls, and advance the rights of young people, old people and disabled people (NSPD, 2016) Significant progress has been made in terms of access to education, employment and healthcare services, which has contributed to improving women s opportunities to participate in the economic, social and political development of Cook Islands. However, there are persistent gender issues that require attention: One in three women has experienced physical and/or sexual violence from their partner at some point in their lives Existing legal measures do not fully protect women from domestic violence More women than men are in the lowest income bracket (less than NZD 5,000) and more men than women are in the highest earning groups Female headed households (26% in 2011), which are increasing, have a higher risk of having low incomes or being socially isolated Currently, five out of twenty-five MPs are women, including the Speaker of the House; there is only one woman in the Cabinet and she is an Associate Minister. 3

There is no system in place to provide accurate information on whether or not there are gender gaps in various sectors MPs, because they represent the citizens who elected them, act as an interface between the population and the government. Through lawmaking and budget decisions, they play a key role in turning policy ideas into tangible changes to people s lives. In most countries, parliaments fulfil the following roles: Supervise and oversee the functioning of the executive and judicial branches of government Consider, approve, amend, or abrogate laws Determine, change or abolish taxes and duties Consider and approve strategic plans for socio-economic development and the state budget Supervise the observance of the Constitution, international treaties and the law. Given the significance of these functions, parliaments have a major part to play in the achievement of gender equality. MPs can ensure that their decisions have positive and equitable benefits for all people and will not adversely affect any group of citizens. The Inter-Parliamentary Union 1 defines a gender-sensitive parliament as one that: 1. promotes and achieves equality in numbers of women and men across all of its bodies and internal structures; 2. develops a gender equality policy framework suited to its own national parliamentary context; 3. mainstreams gender equality throughout all of its work; 1 INTER-PARLIAMENTARY UNION 2012. Plan of Action for Gender-sensitive Parliaments. http://www.ipu.org/pdf/publications/actiongender-e.pdf 4

4. fosters an internal culture that respects women s rights, promotes gender equality and responds to the needs and realities of MPs men and women to balance work and family responsibilities; 5. acknowledges and builds on the contribution made by its men members who pursue and advocate for gender equality; 6. encourages political parties to take a proactive role in the promotion and achievement of gender equality; 7. equips its parliamentary staff with the capacity and resources to promote gender equality, actively encourages the recruitment, and retention, of women to senior positions, and ensures that gender equality is mainstreamed throughout the work of the parliamentary administration. In this brief, we will examine the third component of a gender-sensitive parliament: Mainstreams gender equality throughout all of its work. What is gender mainstreaming? Gender mainstreaming is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women s as well as men s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality. (UN ECOSOC) Gender mainstreaming puts people at the centre. By consciously exploring how policies and programmes impact on men and women, gender mainstreaming puts people at the centre of development, which, in turn, is key to achieving social inclusion and addressing the challenges of a changing social, demographic, and economic environment. A commitment to gender mainstreaming will encourage a shift towards a more people-centred approach to development and government management. Consistent with the Sustainable Development Goals (SDGs), gender mainstreaming moves beyond aggregate indicators such as growth in Gross Domestic Product (GDP) towards indicators of well-being for different segments of the population. More transparency in policy making, an improved understanding of the underlying assumptions and beneficiaries of current policies, more informed decision making, and better government, are other expected benefits. By paying attention to the impacts of policies on citizens lives, gender mainstreaming is likely to draw attention to barriers and opportunities for women and men that have been missed in traditional approaches to sector strategies. 5

How can Parliament support gender mainstreaming? This brief covers five dimensions of an MP s functions in which a gender perspective can be mainstreamed: 1. Gender analysis of prospective legislation 2. Oversight of budgets from a gender perspective 3. Oversight of compliance with national and international instruments 4. Progressing gender-sensitive reforms 5. Gender-responsive representative duties 6

1. Gender analysis of prospective legislation Gender analysis is the process used to assess the impact of programs and policies on women and men. The impacts of gender inequality on socio-economic development and people s well-being are also part of gender analysis and are important considerations in decision-making processes. Without gender analysis, policies, legislation and programmes may continue to widen the gender gap and worsen unequal access to resources, opportunities and decisionmaking between men and women. There are two approaches to making gender analysis an integral part of the parliamentary process: on an ad-hoc basis, by introducing questions about the impact of the planned legislation on men and women and the advancement of gender equality. on a permanent basis, by introducing a motion to ensure that every draft bill undergoes gender analysis. For instance, a Standing Order requires that full consideration be given to the principle of gender equality. Fiji passed legislation requiring gender analysis of all bills to be submitted to Parliament. Such a request from Parliament could have important trickle-down effects on the prioritisation of gender equality concerns within the government. It would strengthen the role of the Gender and Development Division by ensuring that ministries seek its guidance and assistance in coordinating their analysis. It could also stimulate the collection and production of gendersensitive data. At the moment, across the region, the availability of sex-disaggregated data is improving, but these data are not systematically used by decision-makers to inform evidencebased public policy making. Increasing the use of gender-sensitive statistics and analysis will lead to better understanding of the needs of the population and the contribution of men and women to a country s national wealth and overall well-being. 2. Oversight of budgets from a gender perspective A budget is a document detailing financial plans for a specified forthcoming period. A gendersensitive budget is not a separate budget for women. It is the result of a process of analysing the budget to assess how expenditure may have an impact on women and on men, taking into account potential differences in terms of their needs and priorities, and social and gender norms that prevent people from benefiting equally from government programmes and services. In most countries, the national budget is drafted by the government. As an instrument for allocating resources, the national budget represents one of the most effective mechanisms for addressing gender inequality and promoting equal opportunities for men and women. It is therefore key for MPs to feel comfortable examining and discussing budget issues and the impact of budgetary decisions on all sections of the population. 7

In most Pacific Island countries, MPs have relatively little input to the process of building the budget before it is tabled in Parliament. However, once the budget bill is tabled, MPs have the power to suggest amendments to the budget, to reject it or to send it back to the government to redraft sections that they do not consider to be sufficiently gender-responsive. Gender analysis in the Parliamentarians functions of lawmaking and budget oversight A gender perspective should be included to review legislations and policies in all sectors whether they are related to fisheries, water security, trade agreements, taxation, health or safety. Parliamentarians can use the questions below to guide their analysis. 1) How the issue the legislation or policy intends to address affect women and men? Are they impacted at the same level? Are the impacts different on women and on men? If yes, why women and men are affected differently? Because of their gender roles? Because of expectations from the society? Because there is an unequal share of resources in the household? Because of the threats of violence or harassment? 2) How the legislation or policy will affect women and men? How will they respectively benefit from it? Will it benefit women and men equally? Equitably? Will it affect their respective activities? Their assets? Their access to resources? Their status? 3) How the legislation will contribute to reduce gender gaps? Will it challenge inequalities between women and men? Is it in line with the GEWE? Is it compliant with CEDAW? 4) Is the budget submitted allocate sufficient resources to implement gender equality commitments? 5) What portion of the budget will directly benefit women and what portion will directly benefit men as service users of public services? 3. Oversight of compliance with national and international instruments In 1994, in preparation for the Fourth World Conference for Women, held in Beijing, China, in 1995, delegates from 22 Pacific Island countries and territories met in Noumea and endorsed a set of principles and a plan of action to advance gender equality in the region The Pacific Platform for Action on the Advancement of Women and Gender Equality (PPA). More recently, the adoption of the 2012 Forum Leaders Gender Equality Declaration was an important sign of growing political will at the highest levels. Under the declaration, leaders identified six priority areas and established a yearly reporting mechanism for progress. The priority areas were aligned with the Beijing Platform for Action and the Revised Pacific Platform for Action on the Advancement of Women and Gender Equality. These areas included genderresponsive public policies and programmes, and principles relating to women s participation in decision-making, women s economic empowerment, ending violence against women, and improving health and education for women and girls. The ratification of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) by Cook Islands in 2006 is a major step towards the protection of the human rights of women and girls, and the eradication of gender-based discrimination. Reporting on 8

progress is also important in enabling the country to develop an understanding of the extent to which women s socio-economic status and well-being are still affected by discriminatory behaviour and practices limiting enjoyment of their human rights. Cook Islands, like some other Pacific Island countries, has adopted a specific, overarching national gender policy. However, the human and financial resources dedicated to the implementation of these policies are insufficient. Despite high-level international, regional and national commitments to gender equality, progress has been slow in a few areas, especially in terms of the capacity to incorporate gender perspectives into sectoral public policies. This lack of action has important consequences for women s lives, including exposure to violence and poverty, and limited participation in decision-making at high levels in both private and public spheres. MPs have a vital role to play in monitoring their country s progress towards translating political commitments into lived realities for men and women, boys and girls. There are concrete ways to monitor the progress of the country in honouring commitments made towards gender equality, for example: Consider setting up a committee to look at furthering the translation of international commitments into policies and programmes. Ask questions about the status of reporting under the various conventions (CEDAW, Beijing Platform for Action, Leader s Declaration, etc.). Request that a progress report on implementation of the national gender equality policy be presented to Parliament annually. Ask ministries to report on their contribution to implementing the parts of the national gender equality policy that fall under their responsibility. 4. Progressing gender-sensitive reforms MPs have the right to introduce bills to Parliament. This means they have the authority to put concrete proposals likely to promote rights or opportunities for men and women before Parliament for discussion. Introducing a draft bill can build the awareness of MPs and of the government of a specific issue and its effects on men and on women. Through media outreach, it can also generate public debate on inequalities between women and men. Through regular contact with their constituents, information exchange with civil society, access to media and to information and analysis on the effect of public policies, MPs are wellpositioned to advocate the adoption of specific reforms. Below are some examples of the specific reforms most likely to improve the partnership between men and women: Improving sharing of responsibilities in elected functions with higher representation of women through affirmative action. Introducing parental protection measures to support women and men in combining employment and family responsibilities. 9

Promoting decent work for all through the introduction of a national minimum wage and legislation on prevention of sexual harassment. Promoting youth access to reproductive health services, education and information. These types of reforms have been introduced in several Pacific Island countries, with six countries having measures to increase the number of elected women at national, regional or municipal levels. Seven Pacific Island countries have maternity leave benefits in place, but the length of time and coverage of wages vary, and there is often a distinction between the treatment of public and private sector workers. 5. Gender-responsive representation In a democracy, MPs are elected by the citizens, who trust them to effectively represent them and their interests in Parliament. Hence it is important for MPs to maintain relationships with their constituents and to be aware of the diversity of interests and priorities of different citizens and the expectations they may have of their representative. Do MPs represent their constituents in all their diversity? Are they aware of the differing interests that young men may have compared to their elders? Do they know about the struggles of a single mother? John K. Johnson from the World Bank Institute stated that legislators are responsible for representing the differences in society, and for bringing these differences into the policy-making arena. 2 This is why a gender mainstreaming approach is extremely useful for MPs in their role as representatives. It helps identify the diversity of concerns and priorities that men and women of different ages and conditions have, and enables MPs to voice these in Parliament when examining new legislation and budgets. In this context, it is important to remember that people do not all have the same opportunity to express their concerns and views. MPs have a role to play in reaching out to women and men who have less power to influence decisions and who are often excluded from public arenas as they are the ones who need the support of their representative the most. In other words, MPs should seek to have an impact on the lives of all members of their constituency including the most disadvantaged, both women and men. Furthermore, MPs can inform their constituents about the government s commitments to gender equality and make sure that public policies, legislation and budgets will benefit women and men equally, and contribute to narrowing the gender gap and progressing gender equality. MPs may consider the following ways of strengthening gender responsiveness in their function as representatives: - Developing a gender profile of their constituency, including sex-disaggregated data on education, employment, involvement in livelihood activities, sources of incomes, health status, occurrence of domestic violence and other economic, social and political issues. The gender profile should also include a gender analysis to identify: where are there gender gaps or inequalities; what are the causes of gender inequality; and what induces discrimination against women? MPs can then work with their constituency to develop 2 John K. Johnson. 2005. The Role of Parliament in Government. World Bank Institute. Washington D.C. http://siteresources.worldbank.org/psglp/resources/roleofparliamentingovernment.pdf 10

solutions to remedy the issues identified and progress gender equality. For example, MPs can: - cultivate relationships with various women s organisations to ensure they are aware of women s concerns. - use a gender perspective to analyse legislation and budgets submitted to Parliament and assess how these will affect or benefit women and men in their constituency. - assess how well gender equality commitments made by the country, including the National Policy on Gender Equality and Women s Empowerment, are reflected in policies and programmes implemented in their constituency. Gender Mainstreaming as a campaigning tool Mainstreaming gender is also about good politics and good politicians. In fact, adopting a gender mainstreaming approach, including while campaigning, can be strategic for politicians to reach out to the female electorate. Many women do not get involved in politics and in the electoral exercise because they believe their concerns are not being addressed. Identifying differential concerns and priorities women and men may have and developing a party manifesto more inclusive of those differences is likely to attract more voters towards the party and/or the candidate. Conclusions and recommendations Promoting gender equality requires a combination of political will and leadership, expertise and resources, and a system to make it work. The effectiveness and sustainability of progress towards gender equality need to be considered in analysing problems, making decisions, allocating resources, and monitoring impacts. This is what gender mainstreaming aims to do: to systematise the use of a gender perspective, i.e. taking into account the differential experience, needs, priorities and obstacles of women and men across all the functions of government, including Parliament s functions. The next step in the gender mainstreaming journey that Cook Islands embarked on five years ago is to adopt measures that will systematise the application of gender mainstreaming across all government functions. Parliament has an important role to play in this process. Cook Islands MPs may want to consider the following: 1) The establishment of a gender mainstreaming committee responsible for assessing the gender sensitivity of policies and legislation tabled in Parliament and their potential impacts on women and on men. 2) The adoption of a gender mainstreaming strategy or set of guidelines to support MPs in their functions 3) The provision of directives for the implementation of gender mainstreaming approaches across ministries, as proposed by the GEWE. 11

References Cook Islands National Council of Women. 2014. Te Ata O Te Ngakau; the Cook Islands Family Health and Safety Study 2012-2013. INTER-PARLIAMENTARY UNION 2012. Plan of Action for Gender-sensitive Parliaments. http://www.ipu.org/pdf/publications/action-gender-e.pdf National Democratic Institute. 2007. Round Table Discussion: Analyzing Legislation with a Gender Perspective. Assembly of the Republic of Macedonia. http://iknowpolitics.org/sites/default/files/gender_perspective_roundtable.pdf Ministry of Internal Affairs. 2012. Cook Islands 2012 Gender Profile. Government of the Cook Islands. Ministry of Internal Affairs. 2014. Gender Equality: Where do we stand? Government of the Cook Islands. Ministry of Internal Affairs. 2011. National Policy on Gender Equality and Women s Empowerment. Government of the Cook Islands. 12