Policy Paper On The Right of Women To Equality, Representation and Participation

Women’s Multi-Stakeholders Forum
On
Constitutional Reform and Peaceful Coexistence
Policy Paper
on
The Right of Women to Equality,
Representation and Participation
Policy Recommendations of the District Multi-Stakeholders Forum on
Constitutional Reform and Peaceful Coexistence
The National Democratic Institute (NDI) is a nonprofit, nonpartisan, nongovernmental organization that
responds to the worldwide quest for popular civic participation, open and competitive political systems,
and representative and accountable government. NDI and its local partners work to establish and
strengthen democratic institutions and practices by building political and civic organizations,
safeguarding elections, and promoting citizen participation, openness and accountability in government.
With staff members and volunteer political practitioners from more than 100 nations, NDI brings together
individuals and groups to share ideas, knowledge, experiences and expertise. Partners receive broad
exposure to best practices in international democratic development that can be adapted to the needs of
their own countries. NDI’s multinational approach reinforces the message that while there is no single
democratic model, certain core principles are shared by all democracies.
In late 2008, NDI commenced a program to promote multi-sector dialogue to build capacity and
consensus on constitutional reform and peaceful coexistence. District Multi-Stakeholders Forums
(DMSFs) were created in eight districts of the South, Central and Eastern Provinces with the participation
of political party leaders, representatives of professional associations and civil society organizations.
During the initial meetings in early 2009, participants identified specific constitutional and governance
issues that they believed should be addressed through policy, legislative and institutional reforms to
promote, consolidate and sustain democracy and good governance. Comprehensive dialogues were
promoted on the following issues:
1. The right to Representation and Participation

2. The right to Rule of Law
3. The Right to Transparent Governance
4. The right to Effective, Efficient, Responsive and Accountable Governance
5. The right of Women to Equality, Representation and Participation
The recommendations formulated by the DMSF are intended to initiate dialogues through constructive
engagement with policy-level stakeholders, political and civil leaders and others responsible in promoting
democratic governance in the country. The recommendations for policy reform on the Right of Women
to Equality, Representation and Participation are presented herewith with the kind request of the
members of the DMSF to H.E. President Mahinda Rajapaksa, Cabinet Ministers, Leader of the
Opposition, leaders of all political parties, Parliamentarians, Members of the Provincial Councils, Heads
of relevant state institutions and the general public to kindly come forward with commitment, enthusiasm
and solidarity to promote informed dialogue based on these recommendations in order to reach multi-
party consensus in the search for a shared future in which everyone will be accepted and respected as
equals in an environment of good governance with development and peace and free of discriminations,
fear, intimidation and violence.
The Members of the District Multi-Stakeholders Forum on Constitutional Reform and

Peaceful Coexistence
August 2010
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Women’s Multi-Stakeholders Forum on Constitutional Reform and Peaceful Coexistence
POLICY PAPER ON WOMEN’S RIGHT TO EQUALITY, REPRESENTATION AND

PARTICIPATION
Introduction
The Women’s Multi-Stakeholders Forum (WMSF) facilitated by the National Democratic

Institute (NDI) conducted a series of informed policy dialogues on Women’s right to equality,
representation and participation with the participation of women leaders, academics, activists and
other representatives from diverse ethnic, political and religious backgrounds to review and
discuss status of women’s rights in order to formulate policy recommendations to strengthen
women’s rights. While recognizing the important steps that successive governments in Sri Lanka
have taken to safeguard and promote women’s rights, and the significant milestones that have
been achieved, the representatives emphasized that the current framework is inadequate and falls
short of complying with the International Standards to which Sri Lanka has stated its
commitment. The following are recommendations that were framed by participants at the Forum.
Background
Women are severely underrepresented at the political and decision-making levels in Sri Lanka,
despite boasting the world’s first woman Prime Minister in 1960 and a woman Executive
President for eleven years from 1994. Representation of women in Parliament has been
abysmally low - around 4 – 5% since 1931 – and is even lower in local assemblies – 2% - 3%.
Elections held in April 2004 resulted in the formation of a new government and saw less than 5%
of women elected to parliament. In response to agitation by women’s organizations a quota of
25% of the nominations to contest local assembly elections was promised in the Mahinda
Chintana.
Women cannot be defined under a homogenous identity. Social, cultural, religious, economic,
geographic and ethnic identities further inform the special interests and needs of women. For
example, Muslim and Tamil women, women living in remote areas and in conditions of extreme
under-development and poverty are among the most under-represented and marginalized in
society. Widows and women whose husbands have disappeared face discrimination and are
denied access to property and other rights. Women are victims of violence and sexually based
offenses and have little recourse through the legal system due to inadequate laws and entrenched
discriminatory attitudes. This is despite the repeated commitments that the Government has
made in the international arena to ensuring that women’s rights are protected and promoted.
The 1978 Constitution guarantees equal rights without discrimination on grounds of gender and
provides for affirmative action to ensure equal rights. A Women’s Charter was formulated in
1993 and accepted as a policy by successive governments. The provisions of CEDAW and the
Women’s Charter need to be incorporated into national legislation and adequate mechanisms for
implementation need to be put in place if Sri Lanka’s commitment to women’s rights is to be
actualized.
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International Standards and Sri Lanka’s Commitments
Globally, States have recognized that the human rights of women and the girl-child are “an
inalienable, integral and indivisible part of universal human rights” (Vienna Declaration and
Programme of Action, para. 18). Women are guaranteed equal treatment and freedom from
discrimination in all basic human rights treaties. Issues of full and equal participation in public
life are human rights issues. Women have the right to participate on equal terms with men in
shaping and implementing decisions and policies affecting themselves, their families,
communities and societies at the local, national and international levels.
The Beijing Declaration and Platform for Action (1995) states that “Women’s equal participation
in political life plays a pivotal role in the general process of advancement of women…Without
the active participation of women and the incorporation of women’s perspective at all levels of
decision making, the goals of equality, development and peace cannot be achieved.”
Sri Lanka has repeatedly affirmed its commitment basic principles and standards such as the
Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and
other international covenants (see annexure). In doing so it has affirmed a commitment to the
principles of equal representation and participation in decision making processes in all levels of
society. In 1980, the Government of Sri Lanka was signatory to the UN Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) which it ratified without
qualification in 1981.
CEDAW (annex 1) sets out a series of guiding principles and commitments to which member
states agree to comply. As signatories.. “States Parties shall take all appropriate measures to
eliminate discrimination against women in the political and public life of the country and..shall
ensure on equal terms to men the right to participate in the formulation of government policy and
the implementation thereof and to hold public office and perform all public functions at all levels
of government..” CEDAW also commits State Parties to ensuring women have the right to
participation in the formulation and implementation of development planning at all levels.
CEDAW also commits parties to take steps to eliminate discrimination against women in rural
areas.
The Convention defines discrimination against women as "...any distinction, exclusion or

restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field."
Priorities outlined in the Convention are:
 to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;
 to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
 to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.
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Subsequent to the commitments outlined in CEDAW, measures for ensuring the rights of women
have been outlined and affirmed by international instruments and regional mechanisms with
clearly defined, time-bound objectives such as the Beijing Declaration and Commonwealth Plan
of Action for Gender Equality 2005-2015.
The Beijing Declaration and Platform for Action (see annex 1) sets out a series of obligations
and commitments to address women’s rights in connection to poverty, education, health, gender
based violence, armed conflict and the environment. The Beijing Declaration explicitly sets out
obligations regarding women and the economy and in power and decision making. Among the
key commitments by Governments in this area were to
(a) Take positive action to build a critical mass of women leaders, executives and managers in
strategic decision-making positions;
(b) Create or strengthen, as appropriate, mechanisms to monitor women's access to senior levels
of decision-making;
(c) Review the criteria for recruitment and appointment to advisory and decision-making bodies
and promotion to senior positions to ensure that such criteria are relevant and do not discriminate
against women
The 5WAMM in Trinidad and Tobago recommended that member countries “should be
encouraged to achieve a target of no less that 30% of women in decision making in the political,
public and private sectors by 2005”. This target was endorsed by CHOGM in 1997. The
Commonwealth Plan of Action 2005-2015 endorses the pursuit of this target in member states by
2015.
In outlining an action plan focusing on gender in terms of democracy, peace and conflict, human
rights and laws, poverty eradication and addressing HIV/AIDs, The Commonwealth Plan of
Action emphasizes the significant gaps in implementation of the principles of CEDAW and other
instruments and the need to promote implementation and accountability. If Sri Lanka is going to
successfully fulfill its commitment to the core principles of women’s rights, legislative measures
and implementation frameworks need to be defined and enforced.
Recommendations
Increased Electoral Representation of Women
In Sri Lanka women constitute almost 52% of the total population. But their representation in the
parliament is less than 5% and in local authorities it is less than 2%. Increasing the elected
representation of women is vital in ensuring the interests of women are reflected, particularly in
the legislature. Article 7 of the Convention on the Elimination of All Forms of Discrimination
against Women requires States Parties to ‘take all appropriate measures to eliminate
discrimination against women in political and public life and...ensure equal rights to vote and be
eligible for election; to participate in forming government policy and to hold public office.”
Further, it states that “adoption by States Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be considered discrimination. “
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Such measures have been applied in a number of electoral systems and have proved to be the
most effective short-term means of increasing the number of women elected to office.
The creation of a bicameral model in the legislature has been heralded as an effective mechanism
to ensure that minority interests are represented in law making. In countries such as Pakistan and
Singapore which use Block Vote Systems, seats are reserved for minorities to ensure that their
participation in the legislative process. Post-conflict Rwanda adopted innovative measures to
advance women’s representation. At the local level, each voter in Rwanda receives three ballots,
one of which includes only women candidates. Indirect elections to the next higher levels are
structured to ensure that at least 20 per cent of those elected are women. Through this procedure
of multiple ballots and indirect elections to each higher level, 24 of the 80 seats in the lower
house of parliament are reserved for women. In September 2003, a total of 39 women were
elected to serve in the legislature, making Rwanda a world leader with its National Assembly
made up of 49 per cent women. In addition, Rwanda has instituted a system of all-women
councils at the grass-roots level. The head of each women’s council also holds a reserved seat on
the general local council, forging a connection between the two bodies and ensuring that the
concerns of the women’s council can be communicated to the members of the general council.
A suitable electoral model needs to be adopted in order to ensure a minimum 33% of women
representation. The 2006 Parliament Select Committee on Electoral Reform (annexed)
recommended a mixed system on First Past the Post (FPP) and Proportional Representation (PR)
systems. The proposed model would include 225 Parliamentary Seats divided on the basis of 140
single member constituency seats based on a FPP system (Constituency MPs) , 70 elected from
the district PR system (District MPs) and 15 National List MPs. Within the National List, parties
would be required to ensure adequate representation of women (one in three nominees should be
a woman) and 3 of the seats should be reserved for minorities. Under the proposed reforms, the
ward system would be re-introduced and district delimitation would take place to facilitate
increased inclusive representation of minority interests.
Within a first past the post system, women only electorates could be created to ensure that the
diversity of women’s interests could be ensured. Traditionally, under a first past the post system,
representatives are more directly accountable to their constituents. Women candidates who
represent specific ethnic, religious and cultural identities are well positioned to provide a voice to
their constituents and ensure substantive representation. PR systems tend to result in the election
of more women. Electoral systems that use reasonable large district magnitudes encourage
parties to nominate women on the basis that balanced tickets will increase their elected chances.
Some List PR countries require that women make up a certain proportion of the candidates
nominated by each party.
Reserved Seats
A common arrangement at national level is to reserve quotas for women - these may be
ministerial posts in government, and/or seats in Parliament. These seats are filled wither by
representatives from regions or by political parties in direct proportion to their overall share of
the national vote. Reserved seats typically exist in plurality, majority electoral systems and are
often entrenched in a country’s constitution. This happens in countries such as Afghanistan (two
women for each of the 32 provinces or roughly 25% of seats), Uganda (one woman for each of
the 56 districts, or roughly 18 per cent of seats) and Rwanda (24 women are elected by a
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women’s only ballot, accounting for 30% of the seats). In India, seats on local authorities
(Panchayat) in some states are divided into three groups: at each election, only women may be
nominated for one group of seats, thereby guaranteeing a minimum of one third women elected.
Ensuring a minimum quota of 33% in all elected bodies is a vital means by which women’s
equal function in decision making and public life can be facilitated.
Parties can also be entrusted with the function of ensuring representation in National Lists based
on pre-defined criteria. The Report of the Select Committee of Parliament on Electoral Reforms
of the 6th Parliament recommended that political parties include provisions in their policies to
ensure nomination of women candidates. An often adopted special measure is to require or
strongly recommend that party lists include a certain proportion of women. In some countries
compliance is required by legislation, while in others parties have voluntarily adopted quotas or
targets. Such measures will achieve the desired results only if women are placed high enough on
party candidate lists to be elected to office. A zippered or zebra list, in which every other
candidate is a woman, will often provide the best prospects for women seeking election.
International experience shows that it is critical to have an enforcement mechanism to ensure that
parties abide by any legal requirements governing the placement of women on candidate lists.
Recommendations
1. The Constitution should guarantee 33% of the total members of all elected bodies in the
country – Parliament, Provincial Councils and Local Councils are women
2.
(a) The consensus in Sri Lanka is to change the present proportional representation electoral
system to a mixed system – ie a combination of First Past the Post and proportional
representation systems. While agreeing that this would be the best system for Sri Lanka
in order to ensure both the accountable and adequate representation in our plural society,
an electoral system that enables adequate election of women representatives should be
ensured on the following basis:
(a.1.) Each political party or independent group contesting the election should nominate a
minimum 33% of women in their total number of candidates either at the district or
national level, whatever the electoral districts.
(a.2.) Women only electorates or a reserved seat system should be created to allow women
candidates to be nominated by political parties or independent groups to ensure election
of women representatives directly by voters.
(a.3.) While preparing the list of candidates for the proportional representation or national list,
names of women candidates should be placed in winnable positions (for example, every
other name in the list to be a woman candidate) in such a manner for women to be elected
to fill their allocated quota in the elected bodies.
(a.4) While filling the quotas of women members in elected bodies, best loser (out of the
unelected candidates in the FPTP system) should be given priority in order to ensure
legitimacy of the system of election.
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Women’s Right to Participation at Decision Making Level
Representation of women in policy making is essential to prevent discrimination and exclusion

of women’s needs in framing legislation that will affect their lives. It is also a fundamental
component of the commitment that Sri Lanka made in ratifying CEDAW among other
international human rights instruments. Exclusion from fundamental, economic, political, social
and cultural rights imposes an impenetrable barrier to the right to development for women. In
order to promote access to rights and services, policies and decisions that affect the lives of
women need to be framed taking into account broad-based and inclusive gender sensitive
perspectives of diverse ethnic, social, geographic, religious and economic identities.
Though Sri Lanka has seen a number of women reach the highest levels of elected office, the
extent to which they fully represent the interests of the most disenfranchised women or women
of minority interests has been widely questioned. The proportion of women in decision making
bodies at all levels (national, provincial and local) should reflect the gender division of the
population as well as the diverse interests among women. A minimum 33% of women
representation should be guaranteed through the constitution and mechanisms for selection of
representatives to ensure substantive representation must be put in place. To be genuinely
representative, the diversity among women needs to be recognized. Mechanisms to ensure that
this diversity is reflected by women elected or appointed to office must be put in place to ensure
that the rights of all women are given voice, rather than homogenized and thereby excluded.
Women living in remote rural communities are among the most disenfranchised in society.
Article 14 of the Universal Declaration of Human Rights states that States Parties “shall take into
account the special problems of rural women” and ensure that they the opportunity not only to
access the benefits of development opportunities but to actively particulate in their planning. It
is essential that Constitutional arrangements ensure for genuine representation of all women
bearing in mind their diverse needs and backgrounds.
A meaningful connection between women and decision makers from grass roots to legislative
levels must be fostered and maintained. Rwanda has instituted a system of all-women councils at
the grass-roots level. The head of each women’s council also holds a reserved seat on the general
local council, forging a connection between the two bodies and ensuring that the concerns of the
women’s council can be communicated to the members of the general council. In this way, links
between representatives and their constituents are more closely maintained. This is an important
measure in countries such as Sri Lanka where women are divided not only in terms of ethnicity,
religion and geography but by deep economic and social differences.
The integrity of candidates and their capacity to represent the interests of the women they serve
must be preserved through measures that ensure the right of conscience of elected officials and
ensure that these interests are not stymied by party-political pressures. Such protection is vital
where minority interests and over-arching party policy may conflict. Genuine representation
must give voice to the interests of all communities in democratic systems. The right to
conscience voting must be enshrined and protected through measures that would prevent party-
political repercussions stemming from a vote in the best interests of women. In countries such as
Australia and Canada Conscience Votes of Free Votes are employed for decisions on complex or
controversial social issues, such as same-sex marriage, abortion etc. In such cases legislators are
free to vote on issues according to their own views. Opening up the legislative process to
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conscience voting on issues that relate to women’s rights may be an option is ensuring they are
addressed beyond narrow political parameters.
Bill of Rights
The Constitution, as the supreme law must be a central focus for addressing gender equality and
setting precedents for society. A Bill of Rights that reflects international standards in gender
policy formulation and implementation could provide a gender framework within which all
government policy should comply. Such a framework would ensure that gender issues are
addressed consistently and substantively in government policies and decisions. A bill of rights
should advocate equal opportunity in development and equal access for development resources.
Many bills of rights include clauses that explicitly address gender equality. In countries like
Namibia, Canada and South Africa, these clauses are seen as crucial to advancing women’s
rights and equality. In many countries, gender-neutral language is used throughout the
constitution to ensure that women are not excluded. South Africa’s constitution specifically used
gender-sensitive language, spelling out issues and their implications.
A large body of European legislative texts is dedicated to equality between women and men.
This is mainly made up of various Treaty provisions and Directives concerning access to
employment, equal pay, maternity protection, parental leave, social security and occupational
social security, the burden of proof in discrimination cases and self-employment. The case-law
of the European Court of Justice is another key element.
The European Commission strengthened and deepened its commitment to equality between
women and men with a Women's Charter. The key elements of the Charter
 equality in the labor market and equal economic independence for women and men,
namely through the Europe 2020 strategy;
 equal pay for equal work and work of equal value by working with Member States to
reduce significantly the gender pay gap over the next five years;
 equality in decision-making through EU incentive measures;
 dignity, integrity and an end to gender-based violence through a comprehensive policy

framework
The political declaration sets out five key areas for action and commits the Commission to
building a gender perspective into all its policies while taking specific measures to promote
equality. The Charter will be followed by a new strategy for gender equality to be adopted by the
Commission in mid-2010. The strategy will provide a coordinated framework for action across
all EU policies.
Over-arching guidelines that ensure the rights of women are protected at all levels of decision
making must be formulated as a first step. Adhering to these guidelines must also be ensured
through increased active participation of women in decision making processes and the
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establishment of a competent, empowered and autonomous monitoring and coordination body
which reports to Parliament.
Recommendations
1. A Bill of Rights should be drafted incorporating international standards of women’s rights

in such a manner that all government decisions and implementing mechanisms ensure respect
of these rights.
2. The President has announced the creation of a bi-cameral legislation in order to create
avenues for the Provincial Council to participate in central decision making and to address
their concerns and issues. In the same manner, women representatives should be given
special powers to prevent decisions discriminatory to women in a process that could enable
women to play a role towards consensual decision making.
3. The elected member’s right to conscience should be protected through a Constitutional

safeguard that will allow them to freely represent the common good of the constituency that
they are elected to represented without interference from their parties.
4. Women’s representation in all national mechanisms and commissions created with decision
making capacity or advising capacity should be ensured beyond a token level. In this
respect, the recommendation is to ensure at least one third women representation in these
mechanisms. Selection of women representatives to these mechanisms should be dome
through a transparent and merit-based process devoid of political or partisan interest.
Institutional Mechanisms to Protect Women’s Rights
National Commission on Gender Equality

At an institutional level, Sri Lanka has established a number of bodies tasked with addressing
women’s rights and issues. The Women's Bureau (WB) was created in 1978. The Ministry of
Women's Affairs (MWA) was established in 1988. In March 1993, the government adopted a
Women's Charter that incorporates many provisions of CEDAW and also contains specific
provisions on the right to protection from gender-based violence.The Ministry of Women's
Affairs drafted the 2002-2007 National Plan of Action for Women (NPAW). The document
advances women's rights in the areas of education, health care and violence against women. The
National Committee on Women (NCW) was established in 1993 and is tasked with monitoring
policy reform and overseeing the implementation of the Women's Charter. A Gender Complaints
Unit (GCU) was created under the Committee’s supervision and leadership to provide free legal
assistance to those women whose rights have been violated, as per the Women’s Charter. The
Children’s Secretariat is also located within MWA. In addition, there are several other
government bodies and committees that address gender equity and the advancement of women
such as the Parliamentary Consultative Committee on Women’s Affairs and other provincial and
local bodies. The inability of these structures to adequately protect and promote women’s rights
effectively is primarily due to a lack of political will to empower and support them. Lack of
funds, resources and autonomy and capacity and the marginalization of the interests they
represent limit their ability to effect change.
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The presence of Women’s Desks in line Ministries has also been widely criticized as ineffectual.
Without senior, trained officers and often without influence within the departments in which they
operates, they are more often than not merely tokens who are severely marginalized.
International experience has led to widespread understanding that gender issues must be
mainstreamed and that the existence of specific desks for women that operate in isolation can do
more harm than good.
South Africa and Australia are two countries that have taken steps to mainstream gender issues
through an empowered office. In both of these countries, the Office of the Status of Women is
situated in the office of the executive- in Australia in the Office of the Prime Minister and the
Cabinet and in South Africa in the office of the President. These offices play a key role in
shaping gender policy and ensuring gender issues are addressed. The offices also play an
important outreach and monitoring role- creating greater awareness about gender issues and
obligations of state and private sector, and in monitoring the implementation of gender laws and
policies. The advantage of such structures is that they play an empowered coordinating role that
ensures gender issues are not merely relegated to an isolated and under-resourced Ministry or
department.
The Office of the Status of Women in South Africa and Australia play an active monitoring and
advisory role at all levels. In Australia, the ‘Women’s Budget Statement’ provides a commentary
on the implications and impact of national expenditure on women, while the ‘Women’s Budget
Initiative in South Africa provides a regularly overview of the status of women in the country.
The offices are also active in training and outreach and play a significant role in increasing
awareness of women’s rights and gender issues. See Annex 2
The Commission on Gender Equality in South Africa is one of six state institutions set up in
terms of the Constitution to promote democracy and a culture of human rights in the country.
The Commission’s role is to advance gender equality in all spheres of society and make
recommendations on any legislation affecting the status of women. The Commission aims to
transform society by “exposing gender discrimination in laws, policies and practices; advocating
changes in sexist attitudes and gender stereotypes; and instilling respect for women’s rights as
human rights”. Although the Commission acts in the interests of women generally, it pays
particular attention to the most disadvantaged women – those living in rural and peri-urban areas,
on farms, in domestic work.
The chairperson of the Commission is nominated by the President. There must be no less than
seven and no more than 11 Commissioners, and between two and seven of these must be full-
time, the rest part-time. The Commissioners are nominated by the public and after being
endorsed by a parliamentary committee, are then appointed by the President for a term of up to
five years.
The Commission’s functions are to:
 Monitor all organs of society to ensure that gender equality is safeguarded and promoted.
 Assess all legislation from a gender perspective.
 Commission research and make recommendations to Parliament and other authorities.
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 Educate and inform the public.
 Investigate complaints on gender-related issues.
 Monitor South Africa’s progress towards gender equality in relation to international
norms.
The Commission on Gender Equality co-operates with other institutions set up under the
Constitution to promote human rights and democracy, including the South African Human
Rights Commission and the Public Protector. It has close partnerships with other government-
appointed agencies such as the Youth Commission, Independent Communications Authority of
South Africa, and the Public Service Commission. It also works closely with government,
particularly the Department of Justice, Office on the Status of Women, and Parliament.
An effective Commission should be guaranteed through a constitutional provision and have

sufficient authority, political and financial autonomy and institutional and human resource
capacity to operate efficiently and effectively.
Recommendations
1. The creation of a National Commission for Gender Equality should be guaranteed

through a Constitutional provision and it should be accountable to the Parliament. The
Commission should have sufficient authority, political and financial autonomy and
institutional and human resource capacity to deliver the following responsibilities
efficiently and effectively:
(i) To advise government on issues related to gender equality and women’s

participation;
(ii) To monitor the activities of line ministries and other state departments and institutions on
the implementation of gender policy and to take initiatives to integrate gender policies;
(iii) To review old and new legislation to ensure that they are not detrimental to gender policy
and if they are detrimental, recommend government to change such legislations;
(iv) To investigate complaints on violation of gender policies and to recommend necessary

actions against perpetrators and to provide relief to the victims of violations;
(v) To monitor and report on state’s compliance with the international standards
(conventions and declarations);
(vi) To advise government on its obligations and commitments on its undertakings of the
international standards of women’s rights;
(vii) To organize formal and informal education programmes through school curriculum and
public awareness programmes to create public awareness and sensitize communities on
women’s rights;
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(viii) Conduct periodical review of the implementation of gender policy and to present annual
situation report to the Parliament;
2. Selection of Members of the Commission:

a) The members of the commission should be selected through a transparent selection process
with inclusive participation of all ethnic communities and recognized expertise on women’s
issues. Opportunity should be available for public to scrutinize the potential aspirants before
appointing them.
a1) Non-partisan behavior of the Commission should be ensured by recognizing and practicing a
policy of non-interference of the government or ruling party in the affairs of the Commission.
Gender Sensitive Administration of Justice

Beyond the formulation of effective laws to prevent and punish crimes such as gender based
violence and sexual assault, ensuring that victims are treated with sensitivity and respect within a
legal and judicial framework that effectively supports the eradication of such crimes is critical.
At the level of the police, there is insufficient knowledge of the range of crimes that constitute
sexual gender based violence (SGBV) and gender based violence (GBV). Cases need to be
investigated effectively and thoroughly by a police force that is capable of building substantive
cases with techniques that are appropriate to the crimes including gathering of evidence, medical
examinations or rape victims and appropriate interviewing techniques for victims.
In order for laws to be effective they must be enforceable and engender trust among the people
for which they are formed. Women must have confidence in the processes undertaken by the
police and in the judicial process if they are to be willing to take action against perpetrators and
claim their rights through the law.
Increased Women Officers in Police Force

Women are entitled to equal protection by the law and equal access to justice. However,
appropriate mechanisms need to be established to ensure that women can access this right. The
police force in Sri Lanka is still predominantly male. This in itself can be prohibitive in terms of
enabling women to approach police stations to lodge a complaint, particularly in cases of
sexually based violence. The lack of gender sensitivity of officers and their own attitudes
towards violence against women is another prohibitive factor.
Women have the right to equal access to the law and judicial system. Further they have the right
to freedom from gender based violence in all of its forms. The ability of women to claim the
latter is inextricably linked to the efficacy of the legal framework. In recognizing the need for
specialized approaches to gender-based violence in law enforcement, the UN General Assembly
passed resolution 52/86 on ‘Crime Prevention and Criminal Justice Measures to Eliminate
Violence against Women.’ This provides guiding principles for the design of new operating
practices and procedures to be applied in specialized units. In 1995, the 1883 Penal Code of Sri
Lanka was amended to include provisions criminalizing several forms of gender-based violence
and abuse.
Data on the number of women who are victims of gender based violence and sexual assault is
scarce in Sri Lanka and under-reporting is likely due to social stigma, fear of retribution and lack
13
of awareness of laws relating to gender based violence- not only among women but among law
enforcement. In some communities there is a deep mistrust and fear of the police particularly
among women which prevents them from seeking assistance or recourse by the law. Legislative
measures to protect women’s rights are pointless unless they are adequately implemented.
In Sri Lanka, most police stations are ill-equipped to handle cases of gender based violence or
sexual abuse. Though women and children desks have been established, officers lack training in
gender sensitive investigative techniques. Predominantly male police stations do not take cases
of domestic violence or gender based violence seriously as officers lack awareness of gender
issues and women’s rights. Female officers in police stations are themselves often the victim of
harassment and discrimination and are not supported by their male counterparts. Measures must
be taken within the police force and courts that will enable women to claim their right to access
justice.
Women’s and Children’s Desks should be operated by trained officers who are able to not only
deal effectively with victims but also be conversant in the most effective investigative
procedures. In countries such as Liberia, the Women and Children Unit of the Police Force is an
elite, prestigious division of the police, largely due to the resources allocated to the unit as well
as incentives provided to officers in the unit. Rather than being stigmatized and marginalized,
combating gender related offences has become a sought after assignment for both male and
female officers.
In addition to enabling greater protection to victims, access to justice entails access to decision
making positions in judicial and law enforcement institutions. Ensuring a quota in recruitment of
police officers, there must also be mechanisms to ensure that women are represented
proportionately in leadership roles in the police force. It must also be ensured that women are not
marginalized within the police force and not limited to filling token roles in women and
children’s desks.
Protection of Witnesses
Protection for victims and witnesses is essential if they are to be willing to come forward. Legal
provisions and implementation mechanisms must be established in addition to existing laws that
will safeguard women’s right to seek and receive protection by the law. This is particularly
pertinent in cases where the offender is a family member or a member of the community in
which the victim is living.
In Kenya, the law makes provision for the concept of “vulnerable witnesses” in cases of sexual
offences through a range of measures including: allowing such witness to give evidence under
the protective cover of a witness protection box; directing that the witness shall give evidence
through an intermediary; directing that the proceedings may not take place in open court;
prohibiting the publication of the identity of the complainant or of the complainant’s family,
including the publication of information that may lead to the identification of the complainant or
the complainant’s family.
The immediate protection and safety of victims must be ensured to prevent reprisals. Safe houses
or shelters operated in conjunction with Women Police Stations is one short term option. In the
longer term, protection from reprisal must be ensured through enforceable legal and judicial
14
measures as well as proactive policing within the community to create an environment that
supports victim recovery and protection.
Access to the Law

Women who are victims of GBV or SGBV are vulnerable and often face stigma and significant
backlash from their families and communities for reporting the crime. There is an engrained
mentality that places the blame on the female victim in many parts of traditional Sri Lankan
society. The judiciary must play an active role in combating this mis-perception by provide
adequate recourse to victims, thereby signaling to society that such practices are illegal and
punishable by law. There are significant barriers in the execution of swift and fair trials in cases
of violence against women, particularly in cases where the perpetrator is a husband or family
member. Lack of gender sensitivity among the judiciary and the absence of legislative controls
or monitoring mechanisms to oversee the conduct of the judiciary in issues relating to women’s
rights are a prohibitive factor in accessing justice for women victims. In addition to increased
capacity within the police to investigate crimes against women, the judiciary must be trained to
understand the significance and sensitivity of crimes against women and be competent to try
cases bearing in mind international standards and domestic law in relation to gender based
offences. Such standards should be enforceable in order to be effective.
In the Democratic Republic of Congo, the Criminal Code obligates fast track measures to ensure
prosecution as well as providing for legal assistance throughout the process for victims of gender
based violence and sexual offences. In the first instance the Judicial Police officer who receives a
complaint of a sexual crime is obliged to report to the Public Prosecutor within 24 hours,
secondly, courts are obliged to ensure that the proceedings are completed within a month and a
ruling is made within three months. In addition, the DRC Criminal code excludes sexual
violence from settlement by way of a transactional fine thereby ensuring that the Public
Prosecutor prosecutes and ultimately contributing to combating impunity.
Role of the Women’s Commission

A Women’s Commission should play an active role in monitoring the progress of gender-
sensitive police reforms. Australia is one of many countries that utilize the skills and knowledge
of such bodies to providing training on women’s rights and gender sensitivity. In turn, police
have the capacity and resources not only to investigate crimes against women using up-to-date
gender sensitive techniques and procedures but also to play a role in prevention of gender and
sexually based offences through training and greater engagement with the community.
A Commission could also work with the police to set up centers where women could file
complaints if they feel unwilling to approach a traditional police station. In countries such as
Rwanda, Women’s Police Stations are policed by specially trained officers and provide an
environment in which female victims of violence feel safe and enabled to take steps towards
seeking prosecution. In these stations officers have been trained in evidence collection
techniques and in how to deal effectively with victims. A commission should play a supportive
role for women who do not want or are not able to report offences to the police, for instance by
acting in an intermediary or facilitating role.
Sufficient women police officers should be included in the police units receiving complaints and
investigating cases of sexual abuse and violence against women to ensure privacy of women
15
victims (specially in cases of rape) and for women to feel confident to come forward to make
complaints against such violence.
Recommendations
1. Cases of sexual violence against women should be investigated within reasonable time
limits and priority should be given within the court system to conduct judiciary inquiries
and issue court verdicts without undue delay.
2. Sufficient protection for the victims and witnesses in the cases of violence against women
should be assured
3. The proposed Gender Equality Commission should work with the police by organizing
centers to receive complaints of violence against women in cases where the victims are
reluctant to go directly to police stations.
Conclusion
The protection and promotion of women’s rights is a core commitment and obligation of Sri
Lanka as a signatory to CEDAW, ICESCR, UNDHR. This protection and promotion must
transcend ratification of treaties if it is to be meaningful to the lives of women and the assertion
of democratic principles in the country.
Women’s participation must be meaningful and substantive, going beyond numerical
representation to genuine involvement in decision making processes at all levels. Moreover, the
diverse interests of women from various backgrounds must be recognized and given voice.
Fundamental reform is required through legislative tools that explicitly outline guiding principles
for ensuring women’s rights and participation in all aspects of political and public life,
development and justice. These guidelines must be enforceable and enforced through an
effective coordinating and monitoring mechanism.
16
Annex 1(1)
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN
The States Parties to the present Convention,
Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the
dignity and worth of the human person and in the equal rights of men and women,
Noting that the Universal Declaration of Human Rights affirms the principle of the
inadmissibility of discrimination and proclaims that all human being are born free and equal in
dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, including distinction based on sex,
Noting that the States Parties to the International Covenants on Human Rights have the
obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural,
civil and political rights,
Considering the international conventions concluded under the auspices of the United Nations
and the specialized agencies promoting equality of rights of men and women,
Noting also the resolutions, declarations and recommendations adopted by the United Nations
and the specialized agencies promoting equality of rights of men and women,
Concerned, however, that despite these various instruments extensive discrimination against
women continues to exist,
Recalling that discrimination against women violates the principles of equality of rights and
respect for human dignity, is an obstacle to the participation of women, on equal terms with men,
in the political, social, economic and cultural life of their countries, hampers the growth of the
prosperity of society and the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of humanity,
Concerned that in situations of poverty women have the least access to food, health, education,
training and opportunities for employment and other needs,
Convinced that the establishment of the new international economic order based on equity and
justice will contribute significantly towards the promotion of equality between men and women,
Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination,
colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in
the internal affairs of States is essential to the full enjoyment of the rights of men and women,
Affirming that the strengthening of international peace and security, the relaxation of
international tension, mutual co-operation among all States irrespective of their social and
economic systems, general and complete disarmament, in particular nuclear disarmament under
17
strict and effective international control, the affirmation of the principles of justice, equality and
mutual benefit in relations among countries and the realization of the right of peoples under alien
and colonial domination and foreign occupation to self-determination and independence, as well
as respect for national sovereignty and territorial integrity, will promote social progress and
development and as a consequence will contribute to the attainment of full equality between men
and women,
Convinced that the full and complete development of a country, the welfare of the world and the
cause of peace require the maximum participation of women on equal terms with men in all
fields,
Bearing in mind the great contribution of women to the welfare of the family and to the
development of society, so far not fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of children, and aware that the role of
women in procreation should not be a basis for discrimination but that the upbringing of children
requires a sharing of responsibility between men and women and society as a whole,
Aware that a change in the traditional role of men as well as the role of women in society and in
the family is needed to achieve full equality between men and women,
Determined to implement the principles set forth in the Declaration on the Elimination of
Discrimination against Women and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and manifestations,
Have agreed on the following:
PART I
Article I
For the purposes of the present Convention, the term "discrimination against women" shall mean
any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.
Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination against women and,
to this end, undertake:
(a) To embody the principle of the equality of men and women in their national constitutions or
other appropriate legislation if not yet incorporated therein and to ensure, through law and
other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women;
18
(c) To establish legal protection of the rights of women on an equal basis with men and to ensure
through competent national tribunals and other public institutions the effective protection of
women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any person,
organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
Article 3
States Parties shall take in all fields, in particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to en sure the full development and
advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality with men.
Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as a consequence the maintenance of unequal or
separate standards; these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the
present Convention, aimed at protecting maternity shall not be considered discriminatory.
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles
for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the
upbringing and development of their children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.
19
PART II
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in
the political and public life of the country and, in particular, shall ensure to women, on equal
terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the public
and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with men
and without any discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international organizations.
Article 9
1. States Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of their
children.
PART III
Article 10
order to ensure to them equal rights with men in the field of education and in particular to ensure,
on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for access to studies and for the
achievement of diplomas in educational establishments of all categories in rural as well as
in urban areas; this equality shall be ensured in pre-school, general, technical, professional
and higher technical education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teaching staff with qualifications of
the same standard and school premises and equipment of the same quality;
20
(c) The elimination of any stereotyped concept of the roles of men and women at all levels
and in all forms of education by encouraging coeducation and other types of education
which will help to achieve this aim and, in particular, by the revision of textbooks and
school programmes and the adaptation of teaching methods;
(d ) The same opportunities to benefit from scholarships and other study grants;
(e) The same opportunities for access to programmes of continuing education, including adult
and functional literacy programmes, particulary those aimed at reducing, at the earliest
possible time, any gap in education existing between men and women;
(f) The reduction of female student drop-out rates and the organization of programmes for
girls and women who have left school prematurely;
(g) The same Opportunities to participate actively in sports and physical education;
(h) Access to specific educational information to help to ensure the health and well-being of
families, including information and advice on family planning.
Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination against women in
the field of employment in order to ensure, on a basis of equality of men and women, the same
rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application of the same
criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job security
and all benefits and conditions of service and the right to receive vocational training and
retraining, including apprenticeships, advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work
of equal value, as well as equality of treatment in the evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right to paid leave;
(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage or maternity and
to ensure their effective right to work, States Parties shall take appropriate measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or
of maternity leave and discrimination in dismissals on the basis of marital status;
21
(b) To introduce maternity leave with pay or with comparable social benefits without loss of
former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to enable parents to
combine family obligations with work responsibilities and participation in public life, in
particular through promoting the establishment and development of a network of child-care
facilities;
(d) To provide special protection to women during pregnancy in types of work proved to be
harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed periodically
in the light of scientific and technological knowledge and shall be revised, repealed or extended
as necessary.
Article 12
the field of health care in order to ensure, on a basis of equality of men and women, access to
health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to
women appropriate services in connection with pregnancy, confinement and the post-natal
period, granting free services where necessary, as well as adequate nutrition during pregnancy
and lactation.
Article 13
other areas of economic and social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
Article 14
1. States Parties shall take into account the particular problems faced by rural women and the
significant roles which rural women play in the economic survival of their families, including
their work in the non-monetized sectors of the economy, and shall take all appropriate measures
to ensure the application of the provisions of the present Convention to women in rural areas.
rural areas in order to ensure, on a basis of equality of men and women, that they participate in
and benefit from rural development and, in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development planning at all levels;
22
(b) To have access to adequate health care facilities, including information, counselling and
services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including that relating
to functional literacy, as well as, inter alia, the benefit of all community and extension services,
in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to economic
opportunities through employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology
and equal treatment in land and agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity
and water supply, transport and communications.
PART IV
Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men
and the same opportunities to exercise that capacity. In particular, they shall give women equal
rights to conclude contracts and to administer property and shall treat them equally in all stages
of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal
effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to
the movement of persons and the freedom to choose their residence and domicile.
Article 16
all matters relating to marriage and family relations and in particular shall ensure, on a basis of
equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and
full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
23
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters
relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children
and to have access to the information, education and means to enable them to exercise these
rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and
adoption of children, or similar institutions where these concepts exist in national legislation; in
all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory.
PART V
Article 17
1. For the purpose of considering the progress made in the implementation of the present
Convention, there shall be established a Committee on the Elimination of Discrimination against
Women (hereinafter referred to as the Committee) consisting, at the time of entry into force of
the Convention, of eighteen and, after ratification of or accession to the Convention by the thirty-
fifth State Party, of twenty-three experts of high moral standing and competence in the field
covered by the Convention. The experts shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration being given to equitable
geographical distribution and to the representation of the different forms of civilization as well as
the principal legal systems.
2. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from among its own
nationals.
3. The initial election shall be held six months after the date of the entry into force of the present
Convention. At least three months before the date of each election the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to submit their
nominations within two months. The Secretary-General shall prepare a list in alphabetical order
of all persons thus nominated, indicating the States Parties which have nominated them, and shall
submit it to the States Parties.
24
4. Elections of the members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for which
two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee
shall be those nominees who obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
5. The members of the Committee shall be elected for a term of four years. However, the terms
of nine of the members elected at the first election shall expire at the end of two years;
immediately after the first election the names of these nine members shall be chosen by lot by
the Chairman of the Committee.
6. The election of the five additional members of the Committee shall be held in accordance with
the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or
accession. The terms of two of the additional members elected on this occasion shall expire at
the end of two years, the names of these two members having been chosen by lot by the
Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals, subject to the
approval of the Committee.
8. The members of the Committee shall, with the approval of the General Assembly, receive
emoluments from United Nations resources on such terms and conditions as the Assembly may
decide, having regard to the importance of the Committee's responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the present Convention.
Article 18
1. States Parties undertake to submit to the Secretary-General of the United Nations, for
consideration by the Committee, a report on the legislative, judicial, administrative or other
measures which they have adopted to give effect to the provisions of the present Convention and
on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned;
(b) Thereafter at least every four years and further whenever the Committee so requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations
under the present Convention.
Article 19
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20
1. The Committee shall normally meet for a period of not more than two weeks annually in order
to consider the reports submitted in accordance with article 18 of the present Convention.
25
2. The meetings of the Committee shall normally be held at United Nations Headquarters or at
any other convenient place as determined by the Committee. (amendment, status of ratification)
Article 21
1. The Committee shall, through the Economic and Social Council, report annually to the
General Assembly of the United Nations on its activities and may make suggestions and general
recommendations based on the examination of reports and information received from the States
Parties. Such suggestions and general recommendations shall be included in the report of the
Committee together with comments, if any, from States Parties.
2. The Secretary-General of the United Nations shall transmit the reports of the Committee to the
Commission on the Status of Women for its information.
Article 22
The specialized agencies shall be entitled to be represented at the consideration of the
implementation of such provisions of the present Convention as fall within the scope of their
activities. The Committee may invite the specialized agencies to submit reports on the
implementation of the Convention in areas falling within the scope of their activities.
PART VI
Article 23
Nothing in the present Convention shall affect any provisions that are more conducive to the
achievement of equality between men and women which may be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement in force for that State.
Article 24
States Parties undertake to adopt all necessary measures at the national level aimed at achieving
the full realization of the rights recognized in the present Convention.
Article 25
1. The present Convention shall be open for signature by all States.
2. The Secretary-General of the United Nations is designated as the depositary of the present
Convention.
3. The present Convention is subject to ratification. Instruments of ratification shall be deposited

with the Secretary-General of the United Nations.
4. The present Convention shall be open to accession by all States. Accession shall be effected
by the deposit of an instrument of accession with the Secretary-General of the United Nations.
26
Article 26
1. A request for the revision of the present Convention may be made at any time by any State
Party by means of a notification in writing addressed to the Secretary-General of the United
Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in
respect of such a request.
Article 27
1. The present Convention shall enter into force on the thirtieth day after the date of deposit with
the Secretary-General of the United Nations of the twentieth instrument of ratification or
accession.
2. For each State ratifying the present Convention or acceding to it after the deposit of the
twentieth instrument of ratification or accession, the Convention shall enter into force on the
thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 28
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of
reservations made by States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall not be
permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the
Secretary-General of the United Nations, who shall then inform all States thereof. Such
notification shall take effect on the date on which it is received.
Article 29
1. Any dispute between two or more States Parties concerning the interpretation or application of
the present Convention which is not settled by negotiation shall, at the request of one of them, be
submitted to arbitration. If within six months from the date of the request for arbitration the
parties are unable to agree on the organization of the arbitration, any one of those parties may
refer the dispute to the International Court of Justice by request in conformity with the Statute of
the Court.
2. Each State Party may at the time of signature or ratification of the present Convention or
accession thereto declare that it does not consider itself bound by paragraph I of this article. The
other States Parties shall not be bound by that paragraph with respect to any State Party which
has made such a reservation.
3. Any State Party which has made a reservation in accordance with paragraph 2 of this article
may at any time withdraw that reservation by notification to the Secretary-General of the United
Nations.
Article 30
The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of
which are equally authentic, shall be deposited with the Secretary-General of the United Nations.
27
.
28
Annex 1(2)
WORLD CONFERENCE ON HUMAN RIGHTS
Vienna, 14-25 June 1993
Vienna Declaration and Program of Action (Excerpts)
3. The equal status and human rights of women

36. The World Conference on Human Rights urges the full and equal enjoyment by women of all
human rights and that this be a priority for Governments and for the United Nations. The World
Conference on Human Rights also underlines the importance of the integration and full
participation of women as both agents and beneficiaries in the development process, and
reiterates the objectives established on global action for women towards sustainable and
equitable development set forth in the Rio Declaration on Environment and Development and
chapter 24 of Agenda 21, adopted by the United Nations Conference on Environment and
Development (Rio de Janeiro, Brazil, 3-14 June 1992).
37. The equal status of women and the human rights of women should be integrated into the
mainstream of United Nations system-wide activity. These issues should be regularly and
systematically addressed throughout relevant United Nations bodies and mechanisms. In
particular, steps should be taken to increase cooperation and promote further integration of
objectives and goals between the Commission on the Status of Women, the Commission on
Human Rights, the Committee for the Elimination of Discrimination against Women, the United
Nations Development Fund for Women, the United Nations Development Programme and other
United Nations agencies. In this context, cooperation and coordination should be strengthened
between the Centre for Human Rights and the Division for the Advancement of Women.
38. In particular, the World Conference on Human Rights stresses the importance of working
towards the elimination of violence against women in public and private life, the elimination of
all forms of sexual harassment, exploitation and trafficking in women, the elimination of gender
bias in the administration of justice and the eradication of any conflicts which may arise between
the rights of women and the harmful effects of certain traditional or customary practices, cultural
prejudices and religious extremism. The World Conference on Human Rights calls upon the
General Assembly to adopt the draft declaration on violence against women and urges States to
combat violence against women in accordance with its provisions. Violations of the human rights
of women in situations of armed conflict are violations of the fundamental principles of
international human rights and humanitarian law. All violations of this kind, including in
particular murder, systematic rape, sexual slavery, and forced pregnancy, require a particularly
effective response.
39. The World Conference on Human Rights urges the eradication of all forms of discrimination
against women, both hidden and overt. The United Nations should encourage the goal of
universal ratification by all States of the Convention on the Elimination of All Forms of
Discrimination against Women by the year 2000. Ways and means of addressing the particularly
large number of reservations to the Convention should be encouraged. Inter alia, the Committee
29
on the Elimination of Discrimination against Women should continue its review of reservations
to the Convention. States are urged to withdraw reservations that are contrary to the object and
purpose of the Convention or which are otherwise incompatible with international treaty law.
40. Treaty monitoring bodies should disseminate necessary information to enable women to
make more effective use of existing implementation procedures in their pursuits of full and equal
enjoyment of human rights and non-discrimination. New procedures should also be adopted to
strengthen implementation of the commitment to women's equality and the human rights of
women. The Commission on the Status of Women and the Committee on the Elimination of
Discrimination against Women should quickly examine the possibility of introducing the right of
petition through the preparation of an optional protocol to the Convention on the Elimination of
All Forms of Discrimination against Women. The World Conference on Human Rights
welcomes the decision of the Commission on Human Rights to consider the appointment of a
special rapporteur on violence against women at its fiftieth session.
41. The World Conference on Human Rights recognizes the importance of the enjoyment by
women of the highest standard of physical and mental health throughout their life span. In the
context of the World Conference on Women and the Convention on the Elimination of All
Forms of Discrimination against Women, as well as the Proclamation of Tehran of 1968, the
World Conference on Human Rights reaffirms, on the basis of equality between women and
men, a woman's right to accessible and adequate health care and the widest range of family
planning services, as well as equal access to education at all levels.
42. Treaty monitoring bodies should include the status of women and the human rights of women
in their deliberations and findings, making use of gender-specific data. States should be
encouraged to supply information on the situation of women de jure and de facto in their reports
to treaty monitoring bodies. The World Conference on Human Rights notes with satisfaction that
the Commission on Human Rights adopted at its forty-ninth session resolution 1993/46 of 8
March 1993 stating that rapporteurs and working groups in the field of human rights should also
be encouraged to do so. Steps should also be taken by the Division for the Advancement of
Women in cooperation with other United Nations bodies, specifically the Centre for Human
Rights, to ensure that the human rights activities of the United Nations regularly address
violations of women's human rights, including gender-specific abuses. Training for United
Nations human rights and humanitarian relief personnel to assist them to recognize and deal with
human rights abuses particular to women and to carry out their work without gender bias should
be encouraged.
43. The World Conference on Human Rights urges Governments and regional and international
organizations to facilitate the access of women to decision-making posts and their greater
participation in the decision-making process. It encourages further steps within the United
Nations Secretariat to appoint and promote women staff members in accordance with the Charter
of the United Nations, and encourages other principal and subsidiary organs of the United
Nations to guarantee the participation of women under conditions of equality.
30
44. The World Conference on Human Rights welcomes the World Conference on Women to be
held in Beijing in 1995 and urges that human rights of women should play an important role in
its deliberations, in accordance with the priority themes of the World Conference on Women of
equality, development and peace
31
32
Annex 1(3)
Beijing Declaration and Platform for Action, Fourth World Conference on Women, 15
September 1995 (Excerpts)
1. We, the Governments, participating in the Fourth World Conference on Women,
2. Gathered here in Beijing, in September 1995, the year of the fiftieth anniversary of the founding of
the United Nations,
3. Determined to advance the goals of equality, development and peace for all women everywhere in
the interest of all humanity,
4. Acknowledging the voices of all women everywhere and taking note of the diversity of women
and their roles and circumstances, honouring the women who paved the way and inspired by the hope
present in the world's youth,
5. Recognize that the status of women has advanced in some important respects in the past decade
but that progress has been uneven, inequalities between women and men have persisted and major
obstacles remain, with serious consequences for the well-being of all people,
6. Also recognize that this situation is exacerbated by the increasing poverty that is affecting the lives
of the majority of the world's people, in particular women and children, with origins in both the
national and international domains,
7. Dedicate ourselves unreservedly to addressing these constraints and obstacles and thus enhancing
further the advancement and empowerment of women all over the world, and agree that this requires
urgent action in the spirit of determination, hope, cooperation and solidarity, now and to carry us
forward into the next century.
Reaffirm our commitment to:
8. The equal rights and inherent human dignity of women and men and other purposes and principles
enshrined in the Charter of the United Nations, to the Universal Declaration of Human Rights and
other international human rights instruments, in particular the Convention on the Elimination of All
Forms of Discrimination against Women and the Convention on the Rights of the Child, as well as
the Declaration on the Elimination of Violence against Women and the Declaration on the Right to
Development;
9. Ensure the full implementation of the human rights of women and of the girl child as an
inalienable, integral and indivisible part of all human rights and fundamental freedoms;
10. Build on consensus and progress made at previous United Nations conferences and summits - on
women in Nairobi in 1985, on children in New York in 1990, on environment and development in
Rio de Janeiro in 1992, on human rights in Vienna in 1993, on population and development in Cairo
in 1994 and on social development in Copenhagen in 1995 with the objectives of achieving equality,
development and peace;
33
11. Achieve the full and effective implementation of the Nairobi Forward-looking Strategies for the
Advancement of Women;
12. The empowerment and advancement of women, including the right to freedom of thought,
conscience, religion and belief, thus contributing to the moral, ethical, spiritual and intellectual needs
of women and men, individually or in community with others and thereby guaranteeing them the
possibility of realizing their full potential in society and shaping their lives in accordance with their
own aspirations.
are convinced that:
13. Women's empowerment and their full participation on the basis of equality in all spheres of
society, including participation in the decision-making process and access to power, are fundamental
for the achievement of equality, development and peace;
14. Women's rights are human rights;
15. Equal rights, opportunities and access to resources, equal sharing of responsibilities for the family
by men and women, and a harmonious partnership between them are critical to their well-being and
that of their families as well as to the consolidation of democracy;
16. Eradication of poverty based on sustained economic growth, social development, environmental
protection and social justice requires the involvement of women in economic and social development
and equal opportunities and the full and equal participation of women and men as agents and
beneficiaries of people-centred sustainable development;
17. The explicit recognition and reaffirmation of the right of all women to control all aspects of their
health, in particular their own fertility, is basic to their empowerment;
18. Local, national, regional and global peace is attainable and is inextricably linked with the
advancement of women, who are a fundamental force for leadership, conflict resolution and the
promotion of lasting peace at all levels;
19. It is essential to design, implement and monitor, with the full participation of women, effective,
efficient and mutually reinforcing gender-sensitive policies and programmes, including development
policies and programmes, at all levels that will foster the empowerment and advancement of women;
20. The participation and contribution of all actors of civil society, particularly women's groups and
networks and other non- governmental organizations and community-based organizations, with full
respect for their autonomy, in cooperation with Governments, are important to the effective
implementation and follow-up of the
Platform for Action;
21. The implementation of the Platform for Action requires commitment from Governments and the
international community. By making national and international commitments for action, including
those made at the Conference, Governments and the international community recognize the need to
take priority action for the empowerment and advancement of women.
34
We are determined to:
22. Intensify efforts and actions to achieve the goals of the Nairobi Forward-looking Strategies for
the Advancement of Women by the end of this century;
23. Ensure the full enjoyment by women and the girl child of all human rights and fundamental
freedoms, and take effective action against violations of these rights and freedoms;
24. Take all necessary measures to eliminate all forms of discrimination against women and the girl
child and remove all obstacles to gender equality and the advancement and empowerment of women;
25. Encourage men to participate fully in all actions towards equality;
26. Promote women's economic independence, including employment, and eradicate the persistent
and increasing burden of poverty on women by addressing the structural causes of poverty through
changes in economic structures, ensuring equal access for all women, including those in rural areas,
as vital development agents, to productive resources, opportunities and public services;
27. Promote people-centred sustainable development, including sustained economic growth through
the provision of basic education, life-long education, literacy and training, and primary health care
for girls and women;
28. Take positive steps to ensure peace for the advancement of women and, recognizing the leading
role that women have played in the peace movement, work actively towards general and complete
disarmament under strict and effective international control, and support negotiations on the
conclusion, without delay, of a universal and multilaterally and effectively verifiable comprehensive
nuclear-test-ban treaty which contributes to nuclear disarmament and the prevention of the
proliferation of nuclear weapons in all its aspects;
29. Prevent and eliminate all forms of violence against women and girls;
30. Ensure equal access to and equal treatment of women and men in education and health care and
enhance women's sexual and reproductive health as well as education;
31. Promote and protect all human rights of women and girls;
32. Intensify efforts to ensure equal enjoyment of all human rights and fundamental freedoms for all
women and girls who face multiple barriers to their empowerment and advancement because of such
factors as their race, age, language, ethnicity, culture, religion, or disability, or because they are
indigenous people;
33. Ensure respect for international law, including humanitarian law, in order to protect women and
girls in particular;
34. Develop the fullest potential of girls and women of all ages, ensure their full and equal
participation in building a better world for all and enhance their role in the development process.
35
We are determined to:
35. Ensure women's equal access to economic resources including land, credit, science and
technology, vocational training, information, communication and markets, as a means to further the
advancement and empowerment of women and girls, including through the enhancement of their
capacities to enjoy the benefits of equal access to these resources, inter alia, by means of
international cooperation;
36. Ensure the success of the Platform for Action which will require a strong commitment on the part
of Governments, international organizations and institutions at all levels. We are deeply convinced
that economic development, social development and environmental protection are interdependent and
mutually reinforcing components of sustainable development, which is the framework for our efforts
to achieve a higher quality of life for all people. Equitable social development that recognizes
empowering the poor, particularly women living in poverty, to utilize environmental resources
sustainably is a necessary foundation for sustainable development. We also recognize that broad-
based and sustained economic growth in the context of sustainable development is necessary to
sustain social development and social justice. The success of the Platform for Action will also require
adequate mobilization of resources at the national and international levels as well as new and
additional resources to the developing countries from all available funding mechanisms, including
multilateral, bilateral and private sources for the advancement of women; financial resources to
strengthen the capacity of national, subregional, regional and international institutions; a commitment
to equal rights, equal responsibilities and equal opportunities and to the equal participation of women
and men in all national, regional and international bodies and policy-making processes; the
establishment or strengthening of mechanisms at all levels for accountability to the world's women;
37. Ensure also the success of the Platform for Action in countries with economies in transition,
which will require continued international cooperation and assistance;
38. We hereby adopt and commit ourselves as Governments to implement the following Platform for
Action, ensuring that a gender perspective is reflected in all our policies and programmes. We urge
the United Nations system, regional and international financial institutions, other relevant regional
and international institutions and all women and men, as well as non-governmental organizations,
with full respect for their autonomy, and all sectors of civil society, in cooperation with
Governments, to fully commit themselves and contribute to the implementation of this Platform for
Action.
36
Annex 2
International experiences on Gender Mechanisms:
During the 1970s and 1980s, debates on the issues of women’s rights emphasized the need for an
overarching body that could address the concerns of women. In 1976, the United Nations
launched the Decade for Women, recommending that member states ratify the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) and implement “national
machinery” for the improvement of the status of women. In response to this call, many countries
established special women’s ministries and programmes to promote the advancement of women.
National machinery refers to a variety of structures and legal frameworks inside and outside
government to build and promote gender equality in all spheres of life. These can include:
– Ministries for women’s affairs/gender and development

– Departments of women’s affairs
– Offices on the status of women
– Gender desks in line ministries
– Commissions for gender equality
The definition of “national machinery” is extended in many countries to include institutions that
monitor human rights and related issues; in this way gender equality issues are seen also as
human rights issues. In Canada, for example, the Human Rights Commission may take up gender
issues. Similarly, in South Africa, the Human Rights Commission, the Constitutional Court and
the Office of the Public Protector (Ombudsperson) are seen as crucial structures, amongst many
others, for gender equality issues. In Namibia, the Office of the Ombudsperson is specifically
briefed to include gender equality issues in its scope of investigation.
Ministries for women’s affairs

The “traditional” ministry for women’s affairs is part of the administrative bureaucracy of the
state and receives its own budget. Its functions may include, among others, drafting policy on
women’s issues; drafting legislation for tabling in parliament; representing the interests of
women in the cabinet or to the head of state; and conducting development programmes for
women. Most women’s ministries do not enjoy status in the cabinet. They fall under the
president or prime minister’s office, which means they have less autonomy and power to
influence policy. In France, however, the women’s ministry can veto legislation.
A major criticism of women’s ministries is that they can become ghettoized “dumping grounds”
for all issues that deal with gender equality and women’s issues. They are allocated smaller
budgets as a result of the low priority and importance assigned to them. As a result, ministers
outside the women’s ministry can fail to address gender equality issues in their jurisdiction.
Women’s ministries are often linked with other portfolios concerning children, disabled people,
youth and development, as is the case in Uganda.
Ministry for Gender and Community Development: the case of Uganda
The Ministry for Gender and Community Development in Uganda was established in 1988, at
the end of the long and horrific Ugandan civil war. Then called the Ministry for Women in
Development, Youth and Culture, the ministry has existed under a variety of names. Its current
37
name reflects the shift in thinking, especially by Ugandan women who wield influence, that a
women’s ministry cannot do it alone and that real attempts must be made to integrate gender
issues in the work of other ministries. In the early 1990s, the head of the Ministry for Gender and
Community Development was appointed vice president of Uganda; a move seen by many as a
real boost for the ministry. Currently, the ministry is strengthened by the presence of two
ministers of state, one responsible for gender issues and the other for community development
issues. The ministers of state are similar to deputy ministers in other countries, with the added
advantage that they sit in the cabinet. Despite many people’s reservations with such ministries,
Ugandan women feel that this structure, which has served them for nearly 10 years, works well
for their situation. They view the ministry as a declaration of their government’s commitment to
address women’s concerns and gender equality issues. Nevertheless, Ugandan women are also
quick to point out the problems that the ministry faces. The most significant problem is lack of
funding. From the start, the ministry did not get sufficient funds allocated for its work. Uganda is
a poor country and the civil war that ravaged the country has created shortfalls in many areas.
The lack of funding created not only a problem for the ministry’s operations but also reflected
lack of national priority for these issues. Despite being headed by the vice president, the work of
the ministry, in fact, is not considered a priority issue. There are also concerns about the extent to
which the ministry is independent and able to challenge government policy. In addition to the
women’s ministry, Uganda and other countries such as Australia and South Africa have gender
desks in line ministries and other independent bodies (discussed below).
The Office of the Status of Women: the case of Australia and South Africa
A second mechanism, the Office of the Status of Women (OSW), evolved out of the recognition
that women’s machinery should be located in a central co-ordinating department and not exist as
a separate marginal entity. The OSW is located in the highest decision-making offices. The
major objectives of the OSW are:
– To shape government policy to ensure that gender equality issues are integrated into the overall
policies and programmes of government;
– To help develop a gender policy framework for government and develop mechanisms to
monitor and evaluate progress;
– To provide government with all information necessary to implement programmes for gender
equality;
– To monitor government progress or lack thereof in implementing
government policy, international covenants and charters;
– To develop systems for disaggregation of gender in all government information;
– To co-ordinate gender desks or women’s units in line ministries. In Australia, executive
responsibility for the status of women in the federal government is located in the prime
minister’s office, while policy advice and administration is provided by an Office of the Status of
Women, based in the Department of the Prime Minister and Cabinet and managed by a senior
civil servant. The Office on the Status of Women in South Africa, similar to its Australian
counterpart, is based in the presidency, currently in the deputy president’s office. It is headed by
a deputy minister responsible for gender equality and youth development, but its ultimate head is
the deputy president. The OSW is represented in the cabinet through submissions and
presentations made by the deputy president’s office.
Like its Australian counterpart, the OSW’s major objective is to influence and shape government
policy in order to ensure that gender equality issues are integrated into the overall policies and
38
programmes of government. The South African OSW is also charged with developing a gender
policy framework for government and developing mechanisms for monitoring and evaluating
progress or lack thereof. Currently, the OSW is developing mechanisms for gender
disaggregation of all government information and statistics. This is seen as a crucial mechanism
for monitoring progress. Countries like Sweden, which disaggregate their information on the
basis of gender, report substantial achievement in terms of making visible the impact of policy,
budget, laws and programmes on the lives of women. Similar to the women’s ministry in
Uganda, the OSW co-ordinates with line ministries and monitors their performance. The
Australian OSW has developed important mechanisms for evaluating government progress and
for ensuring effective communication and consultation. Over the years, it has pioneered the
“Women’s Budget Statement” which is a commentary on the implications and impact of national
expenditure on the lives of women and in advancing the status of women. South Africa has its
“Women’s Budget Initiative”, produced by the Committee on the Quality of Life and Status of
Women in conjunction with the Finance Portfolio Committee in parliament and other structures
like the Commission for Gender Equality. One of the major strengths of the OSW is its location
inside the government machinery rather than as a separate entity. Both the Australian and the
South African models are focused on policy co-ordination with government rather than on
programme delivery. This model ensures that mechanisms that address gender equality are
established in all departments, rather than the OSW becoming the “dumping ground”.
Gender desks/focal points in line ministries

In addition to women’s ministries, women’s departments, gender commissions and other
structures, many countries have “gender desks” or “gender focal points” in line ministries. As the
debate shifted towards having more comprehensive machinery for women’s issues, gender focal
points were recognized as an important component of the national machinery. Gender desks or
“women’s units” as they are called in Australia (or “cells” in India) are small offices in line
ministries. They are responsible for monitoring progress on women’s issues and on advising on
gender policy. The advantage of gender focal points is that they are integrated into the
departments and are part of the departmental machinery. They have access to discussions in line
ministries and have the potential to affect policy and budgetary provisions. The disadvantage of
gender focal points is that they do not have direct access to the cabinet, and consequently are not
involved in decision-making at the cabinet level. Departments themselves determine their
priorities, making it difficult to prioritize gender equality issues. Similarly, it is often left to
departments to determine the scope of influence and priority given to gender focal points. Often,
the desks do not enjoy support staff.
There is also danger of marginalizing gender focal points within line ministries or creating a
departmental “dumping ground” for gender equality issues. In Uganda, women have warned
emphatically against gender focal points, saying that often the officers appointed are not senior
enough to wield any authority in the department.
The legislature is one of the most crucial institutions in the national machinery. While electing
women to parliament is seen as one of the best mechanisms for promoting gender equality, in the
past decade the debate has emphasized the need to develop strategies that seek to take women
that the equality agenda is entrenched in parliament. There are several options for promoting and
mainstreaming the gender equality agenda into the legislative process. These include:
– Special committees or women/gender committees;
– Women’s caucuses (multi-party);
39
– The requirement that a certain number of women representatives are present in the legislature
before a bill is passed;
– Ensuring that on every parliamentary committee there is one person representing gender issues.
The major objective of these mechanisms is to ensure that any legislation passed takes into
account women’s experiences and equality issues. In the case of South Africa, for example, the
Committee on the Quality of Life and Status of Women plays a major role in monitoring the
implementation of CEDAW, the Beijing Platform of Action and the overall equality
programmes. This committee, like the Australian OSW, has also initiated a women’s budget
initiative. Women’s caucuses can also become a platform for women across the political
spectrum to meet, set an agenda and lobby on women’s issues. These structures also provide
viable mechanisms for women in NGOs and civil society in general to interact and work with
women in parliament. However, it is often difficult to get a multi- party women’s caucus
established, especially in historically divided countries like South Africa. There, a Women’s
Parliamentary Group has taken a long time to get going but it is successful in keeping issues
alive. Many of these structures can also be replicated at provincial and local government levels.
Successes and failures of the national machinery

From the experiences of the countries discussed above, certain features that have proven valuable
in enhancing the effectiveness of national machinery for women include:
– effective and independent advisory councils;
– power and authority to effect change;
– transparency and inclusivity;
– good links between national machinery and the women’s movement as well as links with
women at grass-roots level;
– methods in which machinery is established and implemented; in countries where the structures
are a result of debates and discussions from the grass roots and constituency levels, rather than
top-down structures, they appear to be more successful;
– in some cases, highly visible ministers and parliamentarians and public education mechanisms
have helped boost these structures.
Among the common weaknesses include:

– the possibility of marginalization of these structures;
– lack of research and research capacity;
– gender insensitivity in the judiciary; and
– lack of funding.
Conclusion
All options have inherent strengths and weaknesses, and the success or failure of each is often
influenced by issues beyond the power of the institutions themselves. Often, the arrival at a
workable and effective option involves trial and error. There is no straight path to be walked and
there are no formulas. The process involves a little bit of dancing, trying this step and that until a
comfortable rhythm is found. It is also important to note that without democratic organs of civil
society and women’s Democracy and Deep-Rooted Conflict: Options for Negotiators
organizations, national machinery cannot work effectively. There is a need for a dynamic and
creative relationship between the “formal” structures of the national machinery and civil society.
Whatever machinery is chosen, the over-arching principle remains the same – addressing
women’s issues is critical to the broader emphasis on inclusion stressed in this handbook. We
40
can all learn from each other’s histories, successes and failures. Countries that are going through
transition have the added advantage of creating something new. In creating a national machinery,
imagination and political will are of fundamental importance. Without them, even the best
mechanisms will fail.
(Source: Democracy and Deep-Rooted Conflict: Options for Negotiators: International IDEA
publication)
41

Policy Paper On The Right of Women To Equality, Representation and Participation

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Women’s Multi-Stakeholders Forum

1. The right to Representation and Participation

The Members of the District Multi-Stakeholders Forum on Constitutional Reform and

POLICY PAPER ON WOMEN’S RIGHT TO EQUALITY, REPRESENTATION AND

The Women’s Multi-Stakeholders Forum (WMSF) facilitated by the National Democratic

The Convention defines discrimination against women as "...any distinction, exclusion or

Priorities outlined in the Convention are:

Representation of women in policy making is essential to prevent discrimination and exclusion

 equality in decision-making through EU incentive measures;

 dignity, integrity and an end to gender-based violence through a comprehensive policy

1. A Bill of Rights should be drafted incorporating international standards of women’s rights

3. The elected member’s right to conscience should be protected through a Constitutional

Institutional Mechanisms to Protect Women’s Rights

National Commission on Gender Equality

The Commission’s functions are to:

An effective Commission should be guaranteed through a constitutional provision and have

1. The creation of a National Commission for Gender Equality should be guaranteed

(i) To advise government on issues related to gender equality and women’s

(iv) To investigate complaints on violation of gender policies and to recommend necessary

2. Selection of Members of the Commission:

Gender Sensitive Administration of Justice

Increased Women Officers in Police Force

Access to the Law

Role of the Women’s Commission

The States Parties to the present Convention,

Have agreed on the following:

(a) The right to work as an inalienable right of all human beings;

(c) To benefit directly from social security programmes;

(f) To participate in all community activities;

(a) In the legislation of a State Party; or

3. The present Convention is subject to ratification. Instruments of ratification shall be deposited

3. The equal status and human rights of women

1. We, the Governments, participating in the Fourth World Conference on Women,

Reaffirm our commitment to:

are convinced that:

14. Women's rights are human rights;

Platform for Action;

25. Encourage men to participate fully in all actions towards equality;

– Ministries for women’s affairs/gender and development

Ministries for women’s affairs

Ministry for Gender and Community Development: the case of Uganda

Gender desks/focal points in line ministries

Successes and failures of the national machinery

Among the common weaknesses include:

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