1. Women Inclusion in decision making structures for public sector Tilitonse Thematic call guidance session Fannie Nthakomwa December 2015

2. Setting the context – Women Inclusion This thematic call aims at promoting women inclusion in public sector decision making structures – An affirmative action. Why Women inclusion?  Despite acknowledgement that achieving gender inclusion requires women’s active participation in decision-making at all levels, gender imbalances (skewed against women) in public sector decision making structures still widespread.  Women’s equal access to and participation in decision-making posts in the public sector is a pre-requisite to gender-responsive and inclusive governance  Implementation status of the Gender Equality Act 0f 2013 - provides an affirmative action to achieve gender balance in Public Sector The PEA sought to find out; what explains the low numbers of women amid a positive policy and legal environment and what can be done to improve the situation?

3. PEA – What it does The PEA provides an overview of gender imbalances in the public sector, in the Boards of parastatal organisations and oversight institutions to illustrate the gender imbalances Highlights the reasons why numbers so low Acknowledges the positive actions taken so far and good will for promoting gender inclusion And justifies why affirmative action is necessary if gender inclusion and equality is to be achieved in public sector, thus Inclusive governance

4. Situational analysis The PEA established that Malawi has a conducive policy and legal environment for addressing the gender imbalances and mainstream gender inclusivity. Numerous policies at international and domestic levels Constitution Now the gender equality Act (GEA) 2013 The challenge is mechanisms to implement the commitments The GEA provides for enhancement of women participation in decision making positions through the introduction of quotas in public appointments – not compromising on merit requirements.

5. Cont’d Before the Act, gender consideration in recruitment and appointment in the public sector was:  at the discretion of appointing authorities  Based on good will and personal conviction of the president  lacked an enforcement mechanism.  therefore seen as personal favor or act of good will. The GEA now provides the formula for balancing gender compositions Section 11 of the GEA provides that an appointing or recruiting authority in the public service shall appoint no less than 40% and no more than 60% of either sex in any department. also identifies and mandates the Malawi Human Rights Commission(MHRC) as an enforcement agency of the Act

6. Key issues for consideration Two years after the enactment, MHRC is yet to roll out an implementation and enforcement framework.  Meanwhile, appointments into decision making structures continue without taking into consideration requirements of the Act e.g. Appointment of HR commissioners in August 2015 There are no clear guidelines for relevant officers and other actors in the implementation of the Gender Equality Act. No clear arrangements for implementation, reporting, and enforcement of the Act Frameworks governing recruitment and appointments vary across the structures and are not gender sensitive.  Under UNDAF, UNDP committed to support Malawi Government with the development of gender – sensitive recruitment procedures. These have not been developed Without such clarity on implementation processes, the Act will not deliver the desired goal of inclusive governance.

7. Key stakeholders for GEA 2013 Important to identify, collaborate and partner with key and relevant stakeholders to achieve results The primary duty bearer for the implementation of the Act is the Malawi Human Rights Commission.  Interventions will be supporting the work of the Malawi Human Rights Commission. Department of Statutory Corporations in OPC  responsible for managing the recruitment and appointment processes for Boards of parastatal organisations Department responsible for Public Service Management and HR UN Women - mandate focused on women empowerment and is a ready ally in potential interventions

8. Areas of focus for the theme Based on analysis, there are two areas for potential interventions  Supporting public sector organizations to develop their capacities to be responsive to the social and legal demands on the inclusion of women in decision making structures - systems  Enhancing competences of citizens and civil society organizations on social inclusion more generally and women’s inclusion particularly. Proposed interventions should take a holistic approach to touch on both themes

9. Areas of focus cont’d Projects to strengthen the responsive capacity of public sector bodies to the need for gender inclusion  Gender imbalances are, in part, due to the existence of recruitment and appointment processes that are gender-insensitive.  Most of these processes are provided in existing legal legislations that govern the various oversight, regulatory bodies and parastatal organisations.  Interested in interventions that would to carry out advocacy and facilitate the development of operational mechanisms for section 11 of the Gender Equality Act  In some cases, the advocacy might entail seeking to amend legislations since the gender insensitive recruitment and appointment process are provided for in the laws. Interventions should also collaborate with MHRC to: set up a mechanism to enforce the affirmative action eg Voluntary self identification forms at application stage, accessible database for compiling sectoral or profession-based directories of women in the public sector (monitoring tool)

10. Areas of focus cont’d Interventions to strengthen civic competence on social inclusion through access to information on Gender Equality There is evident lack of knowledge or understanding  about gender equality Act  And the principles that underlie affirmative action interventions such as quotas for marginalised groups and how best to implement them. Under this theme, seek to enhance the competence of citizens as well as duty-bearers through public education programmes This should complement the first area of focus Raise awareness of the Act and its provisions – MHRC with UNFPA started but was not broad enough Raise awareness on the guidelines and operational mechanisms for implementation of the Act