1 Elements of Judicial Reform: Access to Justice/ Gender Thursday January 13, 2005 A. Waafas Ofosu-Amaah Senior Gender Specialist, PRMGE

2 Overview Gender-related legal issues relevant for development Characteristics of the gender-related LJR work: A summary Examples of current LJR projects on gender Key LJR-related needs from the Gender Strategy perspective Gender-relevant legal and judicial dimensions/ issues from the regions: Findings from LAC, MENA & AFR CGAs Kenya CGA recommendations for legal and policy reform Implications for LJR projects

3 What are the Relevant Gender-Related Legal Issues for the Development Agenda? Positive Impacts of the Law on Gender Equality: Provide an enabling environment for gender equality Provide basis for the recognition of gender equality Negative Impacts of the Law on Gender Equality: Discriminatory legal systems Gender differentials in access to justice Opportunities and challenges for the Bank: Institutional strengthening Gender capacity building for law and justice sector

4 Characteristics of Banks gender-related LJR Work: A Summary Mostly small-scale, capacity and institution building grants-based (IDFs, JSDFs) Emphasis on institutional capacity building Narrowly-defined sectoral focus

5 Examples of Small-Scale, Grant-Based LJRs with Gender Focus Uruguay - $300K to support efforts to implement international, regional and domestic law pertaining to gender-based violence (Strengthening Uruguays Justice Institutions for Equitable Development, 2004) Mauritania - $285K to support the greater participation of women in the legal and judicial reform process (Application of the Law and Advancement of the Legal Status of Women, 1999) Cambodia - $470K for development of laws on womens and childrens rights (Rule of Law Development Project, 1998) Key Questions: What is the evidence of impact on the ground, and what are the opportunities for scaling up?

6 Examples of Institutional Capacity Building Focus Burundi - $460K to train staff in the Ministry of Social Action and the Advancement of Women, build partnerships between the Ministry and civil society, e.g., Associations of Women Jurists to develop action plans for gender-sensitive legislation; design legal literacy programs and develop outreach activities (Capacity Building for Gender-Sensitive Legal Reform, 2003) Rwanda - $400K to support government and civil society activities for gender-responsive legal reform, including building the capacity of the Ministry of Gender and Women in Development to develop a plan to eliminate discrimination against women through training, coordination and monitoring (Institutional Strengthening for the Legal Advancement of Women, 2001) Key Question: What are the indicators of success for Institutional Capacity Building?

7 Examples of Narrowly-Defined Sectoral Focus Ghana - $400K grant to build capacity of AGs Office, Ministry for Women and Children in identifying gender-responsive legal policies and actions with a specific focus on the legal dimensions of HIV/AIDS (Ghana Legal Reform IDF Grant, 2002) Nigeria - $400K grant with to build partnerships between National Center for Womens Development, Legal Affairs Division of the Federal Ministry of Women Affairs and Youth Development, again in context of HIV/AIDS (Nigeria Legal Reform and Legal Aid grant, 2002) Cambodia – Rule of Law Development grant targeted laws and regulations relating to labor force and education Key Question: What is the evidence of positive impacts of LJR activities on the sectoral issue targeted?

8 What are key LJR-related needs from the Gender Strategy & OP/BP Perspective? Gender profile Laws, norms and societal practices that lead to discrimination Country policy and institutional contexts Gender policies and priorities Legal and regulatory framework Institutional arrangements Portfolio review (optional) May include LJR project Suggested policy and operational interventions May include legal reform

9 Gender-Relevant Legal Dimensions of CGAs (LAC) Discriminatory laws and complex and unfriendly processes Land reform and male bias (favoring farmer orgs, household heads, etc.) Violence (as a health risk to adolescent males, male violence as a link to sexual abuse of children and violence against women) Alcoholism and substance abuse Child labor issues within the context of International Conventions

10 Region-Specific Legal Issues from MENA CGAs Citizenship and nationality - discriminatory and patriarchal Personal status laws - nationality of children, civil status, passports Labor legislation – operates against womens interests by barring them from a range of occupations deemed hazardous or requiring strength, in violation of CEDAW

11 Gender-Relevant Legal Dimensions of CGAs (AFR) Limited enforcement of laws Lack of effective institutional framework for enforcement Multiple legal systems tend to lead to gender-based inequalities (statutory, customary and religious laws) Womens limited access to and control over productive and other resources Violence against women (female genital mutilation, gender based violence in war-torn and conflict areas) HIV/AIDS issues (traditional practices and customs, marriage, divorce, inheritance, child custody)

12 Kenya CGA recommended legal & policy reform to address gender discrimination in 9 areas, e.g.,: SectorKey Gender Discriminatory Practice Recommended Legal Reform HIV/AIDS Polygamy High incidence of sexual abuse and violence against women Matrimonial laws to reflect Art. 16 of CEDAW Enact criminal amendment bill Access to productive resources Section 90 & 91 of Constitution institutionalize perception of women as minors Lack of access to title so no collateral Constitutional equality in Art. 2 of CEDAW Amend Succession Act to cover agricultural land and resources.

13 What are the Implications for LJR and are the LJR projects targeting right issues? Opportunities? Challenges? Banks comparative advantage?