Assessment on gender_related_international_and_ragional_instruments_01
1. THE REPUBLIC OF RWANDA
ASSESSMENT OF GENDER RELATED INTERNATIONAL
AND REGIONAL INSTRUMENTS AND THEIR
IMPLEMENTATION IN THE REPUBLIC OF RWANDA
Kigali, July 2011
2.
3. THE REPUBLIC OF RWANDA
ASSESSMENT OF GENDER RELATED INTERNATIONAL
AND REGIONAL INSTRUMENTS AND THEIR
IMPLEMENTATION IN THE REPUBLIC OF RWANDA
Kigali, July 2011
4.
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EXECUTIVE SUMMARY
This assessment aims at identifying gender related international instruments to which the
Government of Rwanda is part, assessing the current status of implementation and reporting,
and proposing a comprehensive monitoring and evaluation system to efficiently track the
implementation and reporting of regional and international gender related instruments.
A desk review of existing literature, different gender related treaties, multilateral declarations,
UN resolutions, different national reports including national reports on treaties’
implementation and other relevant reports were assessed to establish the current status of
ratification, implementation and reporting on gender related instruments.
At the 1993 world conference on human rights, governments reaffirmed in the Vienna
declaration that human rights are the birthright of all human beings and that the protection of
human beings is the first responsibility of governments. In this vein, the Government of
Rwanda has ratified most of international and regional instruments relating to the prevention
and elimination of discrimination against women and various conventions on gender equality
and women’s empowerment.
A number of policies and legislations have been developed and adopted to promote gender
equality and women’s rights, and prevent violations of women’s rights in different spheres.
Splendid achievements have been realized by Rwanda and gender equality is a cross-cutting
issue in Vision 2020, midterm Economic Development and Poverty Reduction Strategy
(EDPRS), and District Development Plans (DDPs).
Although Rwanda has done much to ensure ratification, and domestication of different
important gender related international treaties, and their enforcement by domestic courts as
well as other governmental bodies, there still remains a need to establish an implementation
plan for each ratified treaty, by identifying clear obligations and responsibilities for all
implementing actors (Government bodies at both central and decentralized levels,
government’s partners (civil society, private sector and international organizations partners of
the Government of Rwanda), and individuals.
The Government of Rwanda and its partners have also to ensure effective dissemination1 of
the provisions of these different instruments to different institutions and individuals
responsible for implementation, monitoring and reporting and to all the population,
particularly women, so that they become of them while fighting for their rights. Also, gaps
have been found in collection and recording of disaggregated data by sex and by specific
gender related treaty in almost all sectors. This did not facilitate us distinguishing the rate of
achievements in gender equality promotion across different programs from the overall
achievements in general.
1 It was compiled ratified human rights treaties (in 3 official languages). 500 copies are being
distributed
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A comprehensive monitoring plan was developed after identifying gender sensitive indicators
of programs covered in different gender related instruments ratified by Rwanda that have
been assessed during this work. The monitoring plan encompasses 14 programs covering
recognized obligations in different gender related international instruments assessed in this
work. The 14 programs as identified refer to the program on the collection of disaggregated
data by sex on the population composition and change; human settlements and geographic
distribution; households, families, marital status and fertility; learning in formal and non-formal
education, health care, health services and nutrition; economic activity and labour
force participation; access to land, equipment and credit; legal and human rights;
participation in the political and decision-making process; violence against women;
macroeconomic policy, defense, conflict resolution and peace-keeping; media and
communication technologies; the girl child.
To conclude the findings of this assessment, it is recommended that, after ratification of a
treaty, there should be clear mechanisms of dissemination and implementation, with clear
responsibilities for the institutions to be involved in the implementation, monitoring and
reporting process. Also highlighted is the need for capacity building for implementing
institutions at both central and decentralized levels in order to have a good understanding of
international mechanisms for gender equality and women’s rights towards increase of
effectiveness in the implementation of their provisions, including in documentation of
disaggregated data by sex and by instrument.
The study also suggests establishing an effective coordination mechanism for
implementation, monitoring and reporting on gender related instruments by establishing a
permanent treaty monitoring body at both national level and the level of implementing
organs.
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LIST OF ABBREVIATIONS
% : Percent
9 YBE : Nine Years Basic Education
AGDI : Africa Gender and Development Index
ACHPR: African Charter on Human and Peoples' Rights
APSA : Peace and Security Architecture
A/RES.: General Assembly Resolution
Art.: Article
AU: African Union
AUWC: African Union Women’s Committee
AWPS: African Women’s Progress Scoreboard
BCR: Banque Commerciale du Rwanda
BDPA: Beijing Declaration and Platform for Action
BK : Bank of Kigali
BNR : Banque Nationale du Rwanda
BPPF: Banque Populaire pour la Promotion de la Femme
BPR/BPPF: Banque Populaire du Rwanda, Branche Pour la Promotion de la Femme
CEDAW: Convention on Elimination of all forms of Discrimination Against Women
CESCR: Convention of Economic Social and Cultural Rights
CEWS: Continental Early Warning System
CIDA: Canadian International Development Agency
CNF: Conseil National des Femmes
CNLS : Commission Nationale de Lutte contre le SIDA
COOPEDU: Coopérative d’Epargne et de Crédit Duterimbere
CRC: Convention on the Rights of the Child
CS: Cour Suprême
CSO: Civil Society Organisation
D&l: Dommages et Intérêts
DDP: District Development Plan
DHS: Demographic and Health Survey
DL: Decree Law
EALA: East African Legislative Assembly
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ECA: Economic Commission for Africa
EDPRS: Economic Development and Poverty Reduction Strategy
e.g.: Example
EICV: Enquête Intégrale sur les Conditions de Vie
EWSA: Energy, Water and Sanitation Authority
F: Female
FAO: Food and Agriculture Organization of the United Nations
FAWE: Forum for African Women Educationalists
FFRP: Forum des Femmes Rwandaises Parlementaires
GAD: Gender and Development
GBV: Gender-Based Violence
GDI: Gender‐related Development Index
GEI: Gender Equity Index
GEM: Gender Empowerment Measure
GGI: Gender Gap Index
GMO: Gender Monitoring Office
GSI: Gender Status Index
HDI: Human Development Index
HIV/AIDS: Human Immune-deficiency Virus/ Acquired Immune-Deficiency Syndrome
HPV: Human papillomavirus
ICT: Information Communication Technology
i.e.: id est (Latin locution meaning: “that is to say”)
IFAD: International Fund for Agricultural Development
ILO: International Labor Organization
Inconst.: Inconstitutionnalité
INES : Institut d’Enseignement Supérieur de Ruhengeri
INSR : Institut National des Statistiques du Rwanda
IPRC: Integrated Polytechnic Regional Centre
JAF: Joint Action Forum
JO: Journal Officiel
KCC: Kigali City Council
KIE: Kigali Institute of Education
M: Male
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MAJ: Maison d’Accès à la Justice
MAP: Multi Sector Aids Program
M&E: Monitoring and Evaluation
MDGs: Millennium Development Goals
MHC: Media High Council
MIFOTRA: Ministry of Public Service and Labour
MIGEPROF: Ministry of Family and Gender Promotion
MINADEF: Ministry of Defense
MINAFFET: Ministry of Foreign Affairs and Cooperation
MINAGRI: Ministry of Agriculture and Animal Resources
MINALOC: Ministry of Local Government
MINECOFIN: Ministry of Finance and Economic Planning
MINEDUC: Ministry of Education
MINELA: Ministry of Natural Resources
MINICOM: Ministry of Trade and Industry
MINIJUST: Ministry of Justice
MININFOR: Ministry of Information
MININFRA: Ministry of Infrastructure
MININTER: Ministry of Internal Security
MINISANTE: Ministry Of Health
MINISPOC: Ministry of Youth, Sports and Culture
NCHR: National Commission for Human Rights
NEC: National Electoral Commission
NGO: Non-Government Organization
NISR: National Institute of Statistics of Rwanda
NPPA: National Public Prosecution Authority
NURC: National Unity and Reconciliation Commission
NWC: National Women’s Council
NYC: National Youth Council
OG: Official Gazette
OGRR: Official Gazette of the Republic of Rwanda
Org: Organization
PACFA: Protection and Care of Families Against HIV-AIDS
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PCRD: Post-Conflict Reconstruction and Development
PD: Presidential Decree
Pén.: Pénal
PMTCT: Prevention of Mother to Child Transmission
PNLP: Programme National pour Lutter Contre le Paludisme
PO : Presidential Order
PPMER: Projet pour la promotion des Petites et Moyennes Entreprises au Rwanda
PRIMATURE : Prime Minister Office
PRSP : Poverty Reduction Strategy Paper
PSC: Peace and Security Council
PSF: Private Sector Federation
RCA: Rwanda Cooperative Agency
RCS: Rwanda Correctional Service
RDF : Rwanda Defence Forces
RDRC : Rwanda Demobilisation and Reintegration Commission
RECs: Regional Economic Communities
REMA: Rwanda Environment Management Authority
RNP: Rwanda National Police
RURA : Rwanda Utilities and Regulatory Agency
RWAMREC: Rwanda Men Resource Centre
Rwf: Rwandan franc
SACCO: Saving and Credit Cooperatives
SGBV: Sex and Gender-Based Violence
SSFR: Social Security Fund of Rwanda
TRAC : Treatment and Research for Aids Center
TV: Television
TVET: Technical and Vocational Education and Training System
U15 : Under fifteen
UDHR : Universal Declaration of Human Rights
UN: United Nations
UNAIDS: United Nations Programme on HIV/AIDS
UNDP: United Nations Development Program
UNECA: United Nations Economic Commission for Africa
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UNSCR: United Nations Security Council Resolution
UPR: Universal Periodic Review
VTC: Vocational Training Courses
WCARRD: World Conference on Agrarian Reform and Rural Development
ZIGAMA CSS: ZIGAMA Credit and Saving Society
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LIST OF TABLES
Table 1: State of ratification and reporting by Rwanda on Gender related International
Instruments ........................................................................................................... 19
Table 2: United Nations Gender related Resolutions which Rwanda is part to ....................... 24
Table 3: International and Regional Declarations on Gender Equality and Women’s Rights
which Rwanda is part to .......................................................................................... 26
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... ii
LIST OF ABBREVIATIONS .................................................................................................. iv
LIST OF TABLES ................................................................................................................... ix
TABLE OF CONTENTS ...........................................................................................................x
INTRODUCTION .....................................................................................................................1
1.1. Background and rationale ...................................................................................................1
1.2. The purpose of the Assessment...........................................................................................2
1.3. Definition of Key Concepts related to international instruments used in this document
……………………………………………………………………………2
1.4. Methodology…………………………………………………………………………….6
1.4.1. Data collection .................................................................................................................6
1.4.2. Data processing, analysis and presentation ......................................................................7
1.4.2.1. Database ........................................................................................................................7
1.4.2.2. Analysis of identified documents and collected information/data ................................7
1.4.2.3. Presentation ...................................................................................................................8
II. OVERVIEW OF GENDER RELATED INTERNATIONAL INSTRUMENTS………9
2.1. INTERNATIONAL GENDER RELATED INSTRUMENTS AND
MECHANISMS…………………………………………………………………….9
2.1.1. International/Universal Declarations ...............................................................................9
2.1.1.1. Universal Declaration of Human Rights (1948) ...........................................................9
2.1.1.2. Declaration on the Elimination of Violence against Women (1993) ..........................10
2.1.1.3. Beijing Declaration and Platform for Action (1995) ..................................................10
2.1.2. International Conventions/Treaties ................................................................................10
2.1.2.1. Covenant on Civil and Political Rights (1966) ...........................................................10
2.1.2.2. Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) (1979) .......................................................................................................10
2.1.2.3. United Nations General Assembly Protocol to Prevent, Suppress and Punish
Trafficking in Persons especially Women and Children (2000) ................................11
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2.1.3. UN Resolutions ..............................................................................................................11
2.1.3.1. United Nations General Assembly Resolution 52/86 on Crime Prevention
and Criminal Justice Measures to Eliminate Violence against
Women (1998) ............................................................................................................11
2.1.3.2. United Nations Security Council Resolution 1325 on Women, Peace
and Security (2000) ....................................................................................................12
2.1.3.3. United Nations Security Council Resolution 1820 on Sexual Violence
(2008) .........................................................................................................................12
2.1.3.4. United Nations Security Council Resolution 1888 on Women, Peace and
Security (2009) ...........................................................................................................12
2.1.3.5. United Nations Security Council Resolution 1889 on Women, Peace
and Security (2009) ....................................................................................................13
2.1.4. International mechanisms ..............................................................................................13
2.1.4.1. Millennium Development Goals (MDGs) (2000) .......................................................13
2.1.4.2. Universal Periodic Review (UPR) ..............................................................................13
2.1.4.3. Special Rapporteurs ....................................................................................................13
2.2. REGIONAL INSTRUMENTS…………………………………………………….…..14
2.2.1. Gender and Women’s Rights Instruments .....................................................................14
2.2.1.1. African Union Protocol to the African Charter on Human and
People’s Rights on the Rights of Women in Africa (2003) .......................................14
2.2.1.2. African Union Solemn Declaration on Gender Equality in Africa (2004) .................14
2.2.1.3. African Union Gender Policy (2008) ..........................................................................14
2.2.2. Broad Peace and Security Instruments with a Focus on Gender and Women’s
Issues .............................................................................................................……….15
2.2.2.1. Protocol Relating to the Establishment of the Peace and Security Council of the
African Union (2002) .................................................................................................15
2.2.2.2. The Constitutive Act of the African Union (2001) .....................................................16
2.2.2.3. The Solemn Declaration on a Common African Defense and Security Policy
(2004) .........................................................................................................................16
2.2.2.4. The Post-Conflict Reconstruction and Development Policy (2006) ...........................16
III.CURRENT STATUS OF RATIFICATION AND IMPLEMENTATION OF
GENDER RELATED INTERNATIONAL AND REGIONAL
INSTRUMENTS……………………………………………………………..…….18
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3.1. The current status of ratification and reporting on gender related international
instruments……………………………………………………...…………………18
United Nations General Assembly Resolution 52/86 on Crime Prevention and Criminal
Justice Measures to Eliminate Violence against Women ...........................................25
United Nations General Assembly Resolution 53/117 on Traditional or customary
practices affecting the health of women and girls ......................................................25
United Nations General Assembly Resolution 54/135 on Improvement of the situation of
women in rural areas ..................................................................................................25
3.2. The current status of the implementation of different Gender Related International and
regional
Instruments………………………………………………………..………….……28
3.2.1. The Constitution of the Republic of Rwanda of 04 June 2003 ......................................28
3.2.2. Domestic laws ................................................................................................................28
3.2.3. Policies and Programmes ...............................................................................................29
3.2.3.1. Policies ........................................................................................................................29
3.2.3.2. Programmes and strategies .........................................................................................30
3.2.3.3. Eliminating discrimination against women in general ................................................32
3.2.3.4. Eliminating discrimination against women in the political and public life
of the country ..............................................................................................................33
3.2.3.5. Ensuring equal right in the field of education and training ........................................36
3.2.3.6. Preventing and eliminating discrimination against women in the field of
health care ...................................................................................................................38
3.2.3.7. Eliminating discrimination in areas of economic and social life ................................40
3.2.3.8. Equal rights in all matters relating to marriage and family relations ..........................42
3.2.3.9. Take all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women ......................................44
3.2.3.10. Protecting women in armed conflicts and post-conflict situations ...........................45
IV. MONITORING AND EVALUATION FRAMEWORK FOR GENDER RELATED
INSTRUMENTS…………………………………………………………………...46
4.1. Gender Equality and Women Empowerment Indicators………………………….46
4.1.1. Definition and purposes .................................................................................................46
4.1.1.2. The purpose of gender-sensitive indicators ................................................................47
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4.1.1.3. Some existing international and regional tools for gender measurements .................47
4.1.2. International indicators ..................................................................................................47
4.1.2.1. The Millennium Development Goals (MDGs) ...........................................................47
4.1.2.2. The Gender related Development Index (GDI) and Gender Empowerment
Measure (GEM) ..........................................................................................................48
4.1.2.3. Complementary indices ..............................................................................................49
4.1.3. Regional indicators ........................................................................................................50
4.1.3.1. The Africa Gender and Development Index (AGDI) .................................................50
4.1.3.2. The Gender Status Index (GSI) ...................................................................................50
4.1.3.3. The African Women’s Progress Scoreboard (AWPS) ................................................51
4.1.4. Country level Gender Indicators ....................................................................................51
4.2. Proposed Programs related to Gender Monitoring Indicators ..........................................52
4.2.1. Population Composition and Change (they requested to show the link with
gender) ........................................................................................................................52
4.2.2. Human Settlements and Geographical Distribution ......................................................52
4.2.3. Households and Families, Marital Status, Fertility ........................................................52
4.2.4. Learning in Formal and Non-Formal Education ............................................................52
4.2.5. Health care, Health Services, Nutrition .........................................................................52
4.2.6. Economic Activity and Labour Force Participation ......................................................53
4.2.7. Access to Land, Equipment and Credit ..........................................................................53
4.2.8. Legal Rights and Political Power ...................................................................................53
4.2.9. Violence against Women ...............................................................................................53
4.2.10. Macroeconomic Policy and Gender .............................................................................53
4.2.11. Women and Environment ............................................................................................54
4.2.12. The girl child ................................................................................................................54
4.2.13. Media and communication technologies .....................................................................55
4.2.14. Defense, conflict resolution and peace- keeping .........................................................55
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4.3. GENDER EQUALITY AND WOMEN EMPOWERMENT MONITORING
PLAN – WITH REFERENCE TO THE INTERNATIONAL
INSTRUMENTS AND MECHANISMS FOR WOMEN RIGHTS ..........................56
V. CHALLENGES AND OPPORTUNITIES .........................................................................70
5.1. Challenges and opportunities vis-à-vis the process of domestication ..............................70
5.1.1. Challenges and opportunities vis-à-vis the implementation of provisions of
international and regional gender related instruments................................................70
5.1.2. Challenges and opportunities vis-à-vis the process of monitoring and reporting on
gender related international and regional instruments................................................71
6.2. Recommendations .............................................................................................................73
6.2.1. In relation to the use of developed tools for monitoring and reporting
process ........................................................................................................................73
6.2.2. Recommendations in relation to the need of coordination for a better and
sustainable reporting system ......................................................................................73
6.2.3. Recommendations related to the need for capacity building .........................................73
6.2.4. Proposed roadmap for effective domestication, implementation, monitoring
and evaluation .............................................................................................................74
REFERENCES ........................................................................................................................75
ANNEXES ...............................................................................................................................77
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INTRODUCTION
1.1. Background and rationale
Human rights are essential in any democratic and inclusive society that respects the rule of
law, human dignity, equality, and freedom. All human rights derive from the dignity and
worth inherent in the human person. The human person is the central subject of human rights
and fundamental freedoms, and consequently should be the principle beneficiary and
participate actively in the realization of these rights and freedoms.
The Universal Declaration of Human rights stipulates in its article 2 that “Everyone is entitled
to all the rights and freedoms, without distinction of any kind, such as race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status”.
The Republic of Rwanda is part and parcel of international community and as such is
committed to respecting ratified gender related international and regional instruments so as to
reduce gender inequality and ensure effective women’s empowerment. In this regard, the
Government of Rwanda has made significant efforts to ensure the respect of human rights
under different legal instruments. First of all, in its article 11, the Constitution of the Republic
of Rwanda of 4th June 2003 as amended to date stipulates that “all Rwandans are born free
and equal in rights and duties. Discrimination of whatever kind based on, inter alia, ethnic
origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic
status, culture, language, social status, physical or mental disability or any other form of
discrimination is prohibited and punishable by law.
In addition, gender equality is considered as a cross-cutting issue in Vision 2020, and
midterm Economic Development and Poverty Reduction Strategy (EDPRS) as well as
District Development Plans (DDPs).
Accurate and relevant data on the status of women, men and gender relations is needed in
order to assess equality and equity levels between women and men. Such data helps make
gender biases more visible and facilitates effective policy-making to bring about greater
gender equality and equity.
The need for sex-disaggregated data has been highlighted in numerous international
conventions and declarations, including the 1979 Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), the 1985 Nairobi Forward-looking
Strategies for the Advancement of Women, the 1993 Declaration on the Elimination of
Violence against Women, the 1995 Platform for Action of the Fourth UN World Conference
on Women in Beijing, and the 1995 Commonwealth Plan of Action on Gender and
Development.
Law n° 51/2007 of 20/09/2007, determining the responsibilities, organization and functioning
of the Gender Monitoring Office in Rwanda in its article 6, determines specific
responsibilities of Gender Monitoring Office (GMO) and creates, for GMO, the responsibility
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of “ensuring the implementation of the international agreements relating to the respect of the
principles of gender”.
This study seeks to assess the status of implementation and reporting on different
international and regional instruments promoting gender equality and women rights that are
ratified by Rwanda. The study also proposes tools and mechanisms for strengthening
capacities and monitoring systems.
1.2. The purpose of the Assessment
The purpose of this assessment is threefold. It seeks to:
• Identify and document all gender related international and regional instruments
ratified by Rwanda, and establish the current implementation and reporting status,
localize the stakeholders/institutions involved in the process, and determine
challenges and opportunities for accelerating the implementation
• Develop a roadmap and assess capacity needed to accelerate the implementation and
reporting across sectors;
• Develop a comprehensive monitoring and evaluation system to efficiently track the
implementation and reporting on all gender related treaties.
1.3. Definition of Key Concepts related to international instruments used in this
document2
This section provides a guide for terminology relating to treaties that are most commonly
used and which are employed in the practice of the Secretary General of the United Nations
as depositary of multilateral treaties.
1. Treaties
The term "treaty" has regularly been used as a generic term embracing all instruments
binding at international law concluded between international entities, regardless of their
formal designation. Indeed both the 1969 Vienna Convention and the 1986 Vienna
Convention confirm this generic use of the term "treaty". As a specific term, usually "treaty"
is reserved for matters of some gravity that require more solemn agreements. Their signatures
are usually sealed and the text normally requires ratification. The use of the term "treaty" for
international instruments has considerably declined, and is quite applied for Peace Treaties,
Border Treaties, Delimitation Treaties, Extradition Treaties and Treaties of Friendship,
Commerce and Cooperation.
2. Conventions
The term "convention" is generic when it refers to international agreements in the same way
as the term “treaty” does. As a specific term, it is generally used for formal multilateral
treaties with a broad number of parties. Conventions are normally open for participation by
2 References to relevant provisions of the Vienna Convention of 1969 as retrieved from the UN
website “http://www.untreaty.un.org”.
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the international community as a whole, or by a large number of states. Usually the
instruments negotiated under the auspices of an international organization are entitled
conventions (e.g. Convention on Biological Diversity of 1992, United Nations Convention on
the Law of the Sea of 1982…)
3. Protocols
The term "protocol" is used for agreements less formal than treaties or conventions. It could
be used to cover the following kinds of instruments:
ƒ A Protocol of Signature which is an instrument subsidiary to a treaty, and drawn up
by the same parties. Such a Protocol deals with supplementary matters such as the
interpretation of particular clauses of the treaty, those formal clauses not inserted in
the treaty, or the regulation of technical matters. Ratification of the treaty will
normally ipso facto involve ratification of such a Protocol.
ƒ The Optional Protocol to a Treaty which establishes additional rights and obligations
to a treaty. It is usually adopted on the same day, but is of independent character and
subject to independent ratification.
ƒ A Protocol to amend is an instrument that contains provisions that amend one or
various former treaties. Generally, the protocol is used to amend, complete or
interpret a multilateral treaty.
4. Declarations
Sometimes States make "declarations" as to their understanding of some matter or as to the
interpretation of a particular provision. Unlike reservations, declarations merely clarify the
States position and do not purport to exclude or modify the legal effect of a treaty. Usually,
declarations are made at the time of the deposit of the corresponding instrument or at the time
of signature.
5. Ratification
The terms « ratification », « acceptance » and « approval » mean, on a case by case basis,
the international act named in this way and by which a state establishes its international
consent to be bound by a treaty. The ratification, the acceptance and the approval are made in
two steps: a. The execution of the instrument of ratification, acceptance or approval by the
Head State, Head of Government or Minister for Foreign Affairs expressing the willingness
of the state to be bound the treaty; and b. For multilateral treaties, the custody of the
depositary; and for bilateral treaties, the exchange of instruments between parties.
6. Accession3
Accession is the act whereby a State which has not signed a treaty expresses its consent to
become party to this Treaty by depositing an "Instrument of Accession". Accession has the
3 Refer to article 2, paragraph 1 (b) and Article 15 of the Vienna Convention of 1969.
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same legal effect as ratification, acceptance or approval. The conditions and the procedures
under which accession may occur are provided for in the provisions of the Treaty. Accession
is generally employed by States wishing to express their consent to be bound after the expiry
of the deadline for signature. However, many of multilateral treaties provide that membership
is also possible in the period to which the treaty was opened for signature.
7. Adoption4
The Adoption is the formal act by which negotiating parties establish the form and content of
the text of a treaty. The treaty is adopted by a specific act expressing the consent of states and
international organizations involved in negotiating this treaty, this means by voting, affixing a
signature, signature, etc. Adoption may also be the mechanism used to establish the form and
content of the text amending a treaty or the rules made under a treaty.
Whenever Treaties are negotiated at the international level, they are usually to be approved
by a resolution of the representative body of the organization. For example, treaties
negotiated under the auspices of the United Nations or its agencies, are adopted by
resolutions of the General Assembly of the United Nations. When an international conference
is specifically convened for the adoption of a treaty, the adoption is done by two-thirds
majority of States present and voting, unless these states determine, by the same majority, to
apply a different rule.
8. Amendment5
Under the law of treaty, the term "amendment" means the formal alteration of treaty
provisions by the parties. These modifications are carried out under the same terms as those
that led to the formation of the treaty. Numbers of multilateral treaties specify conditions that
must be satisfied for amendments to be adopted. In the absence of such provisions, adoption
and entry into force of amendments require the consent of all parties.
9. Final clauses
The final clauses are provisions that are normally at the end of a treaty and that address issues
of signature, ratification, acceptance, approval, accession, denunciation, amendment, reserve ,
entry into force, dispute settlement, deposit and authentication.
10. Consent to be bound6
A State expresses its consent to be bound under international law by a treaty by official
means, that is to say, by signature, ratification, acceptance, approval or accession. The Treaty
provides for official means by which a State may express its consent to be bound.
4 Refer to article 9 of the Vienna Convention of 1969.
5 Refer to articles 39 and 40 of the Vienna Convention of 1969.
6 See sections 11 to 18 of the Vienna Convention of 1969.
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11. Date of effect
The date of effect of a treaty action (such as signature, ratification, acceptance of an
amendment, etc...) is when the action was taken with the depositary. For example, the date of
effect of an instrument of ratification is the date on which the instrument is deposited with the
Secretary-General.
The date of effect of a treaty action made by state or an international organization is not
necessarily the one on which the action enters into force for the same state or international
organization. Multilateral agreements often provide that entry into force of an action for a
state or international organization shall be considered at an expiry time after the date of the
effect.
12. Deposit7
After a treaty has been concluded, the written instruments, which provide formal evidence of
consent to be bound, and also reservations and declarations, are placed in the custody of a
depositary. Unless the treaty provides otherwise, the deposit of the instruments of ratification,
acceptance, approval or accession establishes the consent of a State to be bound by the treaty.
The depositary must accept all notifications and documents related to the treaty, examine
whether all formal requirements are met, deposit them, register the treaty and notify all
relevant acts to concerned parties.
13. Entry into Force8
Commonly, the provisions of the treaty determine the date on which the treaty enters into
force. Where the treaty does not specify a date, there is a presumption that the treaty is
intended to come into force as soon as all the negotiating States have consented to be bound
by the treaty.
14. Reservation9
A reservation is a declaration made by a state by which it purports to exclude or alter the
legal effect of certain provisions of the treaty in their application to that state. A reservation
enables a state to accept a multilateral treaty as a whole by giving it the possibility not to
apply certain provisions with which it does not want to comply. Reservations can be made
when the treaty is signed, ratified, accepted, approved or acceded to. Reservations must not
be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might
prohibit reservations or only allow for certain reservations to be made.
7 Arts: 16, 76 and 77, Vienna Convention on the Law of Treaties 1969.
8 Art.24, Vienna Convention on the Law of Treaties 1969
9 Arts.2 (1) (d) and 19-23, Vienna Convention of the Law of Treaties 1969
23. 6
6
1.4. Methodology
The assessment of the implementation of gender related instruments is mainly based on
qualitative and quantitative approaches. Qualitative approach makes it possible to identify
and collect all the existing gender international and regional instruments: international
treaties and agreements or conventions, resolutions and declarations. It helps to identify
existing gender commitments and establish the current status of implementation and reporting
by the Government of Rwanda, and evaluate challenges and opportunities to accelerate the
implementation in order to enhance positive gender relations.
Quantitative approach was used to identify and collect disaggregated data on achievements
realized in respect to the provisions of different instruments ratified/ signed by the
Government of Rwanda.
The information collected enables us to develop and propose comprehensive monitoring
mechanisms to easily and efficiently track the level of implementation and reporting on the
international commitments/programs by the Government of Rwanda
1.4.1. Data collection
The Data collection consisted of the following techniques:
1) Documentary/Literature review through identifying different gender related
international and regional instruments: international treaties and agreements or
conventions, resolutions and declarations; different gender related international instruments
signed and ratified by the Government of Rwanda; national policies and legal instruments
reflecting different gender related international instruments ratified by Rwanda and national
laws and policies (constitution, gender related laws, different implementing policies in place
including National gender policy, EDPRS, Vision 2020, DDPs, EICV, DHS, Districts
performance contracts, etc.) and different Government’s reports on the implementation of
related instruments, as well as other relevant reports.
2) Interviews at central level: The interview was conducted at a centralized level with
individuals, organs and institutions, both law makers, policy makers and implementers,
commissions and national task forces whose work reflects the legal framework (elaboration,
implementation and evaluation). The interview guide was established on the basis of the State
obligations as stated in different international instruments to be assessed. The discussions
reflected the questions around the mechanisms of implementation, monitoring and evaluation
of the domesticated treaties and declarations, and their impacts on gender relations and
enjoyment of rights, particularly in respect of women’s rights.
The interviews were also conducted with the representatives of the civil society organizations
working in the field of gender and women rights promotion such as: HAGURUKA, AVEGA-AGAHOZO,
Pro-Femmes Twese Hamwe and Women for Women to discuss on their work
and realizations towards achievement of gender equality and women’s empowerment.
24. 7
7
3) Focus groups discussions: the focus group discussions consisted of bringing together,
at a decentralized and District levels all the concerned stakeholders from the administration,
judicial systems and institutions, NGOs, women association representatives, private sectors,
and religious institutions to discuss on the implementation of laws and policies reflecting the
articles of gender related international instruments; how they refer to them while planning for
the implementation of the national policies, what challenges they meet and how they evaluate
the impact that these instruments have on the protection and respect of human rights in
general and women’s rights and gender equality in particular.
4) Scope of the area to be covered by the study: the field study was done at both central
and decentralized level as mentioned above.
ƒ At the central level, different individuals from Public Sector intervening in the area of
Justice, Law making, Policy making , implementation and monitoring of gender
related legislations and policies, UN and NGOs partners working in the sector of
justice and Gender were interviewed.
ƒ At the decentralized level, considering the scope of the work to be done as well as the
limitation of the timeline, the scope of the work only covered two districts in each
Province of Rwanda and Kigali City
1.4.2. Data processing, analysis and presentation
1.4.2.1. Database
The database includes Gender related international and regional instruments and declarations;
Gender related international treaties ratified by the Government of Rwanda; National
legislations and policies reflecting different international instruments and declarations; Other
documentations on different strategies of implementation of international and regional
instruments and declarations; Reports and other documentations so far developed in relation
to the implementation of the domesticated international legislations and declarations.
1.4.2.2. Analysis of identified documents and collected information/data
After identification and documentation of the above mentioned documents, they were
assessed and analyzed by specialists (legal, gender and policy analysts) in order to review
and harmonize indicators/articles of these international legal instruments in line with existing
national instruments and implementation strategies, with reference to the results from the
interviews and focus groups discussions. The analysis has helped develop monitoring and
reporting tools and propose a coordination mechanism.
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1.4.2.3. Presentation
The final document was developed, reflecting all information and data gathered from the desk
review of international and regional instruments and mechanisms for gender equality and
women empowerment; the results from highly centralized key informants and focus group
discussions, as well as analysis, interpretations and recommendations of legal, gender and
policy analysts. The documentation is composed of five main parts:
9 The introduction which is comprised of the rationale and purposes of the assessment,
and the methodology used;
9 An overview of international and regional instruments and mechanisms for women’s
rights, peace and security;
9 The status of implementation and reporting on international and regional instruments
for women’s rights and peace and security;
9 Indicators and Monitoring framework for Gender equality and women empowerment;
9 Conclusion and recommendations.
26. 9
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II. OVERVIEW OF GENDER RELATED INTERNATIONAL INSTRUMENTS
Both prior to and following the adoption of the Universal Declaration of Human Rights
(UDHR), a significant number of policies and legislative instruments were developed and
adopted at international, continental, regional and national levels to prevent violations of
women’s rights in different spheres.
In Africa, these instruments have evolved at two levels: within the framework of women’s
advocacy and in the context of the broader peace and security agenda of the African Union
and it’s Regional Economic Communities (RECs). As a result, there exist stand-alone
women’s human rights instruments which establish links between women and their rights to
health, agriculture, security, education, justice, human rights etc., on one hand; and peace and
security instruments that incorporate issues relating to gender and/or women’s rights, on the
other hand.
This section outlines the key instruments with the aim of highlighting how their respective
enforcement mechanisms could be engaged in the campaign to end violence against women.
2.1. INTERNATIONAL GENDER RELATED INSTRUMENTS AND MECHANISMS
The following are the international instruments and mechanisms10 whose provisions
emphasize on and reinforce the promotion of gender equality and women rights.
2.1.1. International/Universal Declarations
2.1.1.1. Universal Declaration of Human Rights (1948)
The Universal Declaration of Human Rights is a global expression of the rights to which all
human beings are entitled. It recognizes that the dignity of all people is the foundation of
peace and justice; calls for the respect of human rights of all persons on the basis of the rule
of law; and emphasizes the entitlement of all individuals to the enjoyment of their rights and
freedoms “without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status” (art. 2 of
UDHR). The articles 3 and 7 call for the “security of all persons” and the “right to protection
without discrimination” respectively. In Article 21, the Declaration stresses people’s right to
participate in the governance of their country and right of equal access to public service in
their country.
10 International legal instruments are multi-lateral or bilateral instruments conventions, declarations signed by
States Parties and different UN resolutions, whereas the mechanisms are defined as the process by which States
Parties to international instruments are assessed (i.e.: UPR, Special Rapporteurs)
27. 10
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2.1.1.2. Declaration on the Elimination of Violence against Women (1993)
The Declaration on the Elimination of Violence against Women is based on the premise that
violence against women is an impediment to peace, equality and development. It condemns
violence against women and calls on states to prevent, investigate and punish such acts. It
further calls on states to provide female victims of violence with access to mechanisms of
redress; include resources for combating violence against women in government budgets;
promote education aimed at eliminating gender prejudices and any customs which stem from
unequal power relations; and collaborate with women’s groups. It also includes a specific
focus on training and sensitization of law enforcement officers and public officials aimed at
preventing, investigating and punishing violence against women.
2.1.1.3. Beijing Declaration and Platform for Action (1995)
The Beijing Declaration and Platform for Action declares that “women’s rights are human
rights”. It is structured along 12 critical areas of concern and calls for the advancement and
empowerment of women in all spheres. Among other things it addresses issues relating to
violence against women, women and conflict, and women’s access to power and decision-making.
It examines the impact of armed conflict on women, as well as the roles (both
positive and negative) which women play in situations of conflict. It advocates a cooperative
approach to peace and security which emphasizes the importance of empowering women
both politically and economically; including in terms of their adequate representation
decision making structures for conflict prevention, resolution and peace-building.
2.1.2. International Conventions/Treaties
2.1.2.1. Covenant on Civil and Political Rights (1966)
The International Covenant on Civil and Political Rights emphasizes on the equality of all
persons before the law and their entitlement to equal protection and to civil and political
liberties. The article 2, paragraph 1 calls States Parties to “undertake to respect and to ensure
to all individuals within its territory and subject to its jurisdiction the rights recognized in the
Covenant, without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status”.
2.1.2.2. Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) (1979)
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) 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 marital status, on the basis of
equality between men and women, of human rights or fundamental freedoms in the political,
economic, social, cultural, civil, or any other field". Articles 7 and 8 specifically call on states
28. 11
11
to eliminate discrimination against women in all spheres of political and public life and to
enable women to represent their governments on an equal basis with men11.
2.1.2.3. United Nations General Assembly Protocol to Prevent, Suppress and Punish
Trafficking in Persons especially Women and Children (2000)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons is a supplementary
protocol to the United Nations Convention against Transnational Organized Crime.
It is the first global legally binding instrument with an agreed upon definition for trafficking
in persons. The intention behind this definition is to facilitate convergence in national
approaches with regard to the establishment of domestic criminal offences that would support
efficient international cooperation in investigating and prosecuting trafficking in person’s
cases.
Additionally, the Protocol provides for protection and assistance of victims of trafficking in
persons with full respect for their human rights.
In its Section III Article 9, it calls for the prevention of trafficking in persons. The following
are the linked resolutions:
Resolution A/RES/61/143 adopted by the General Assembly regarding the Intensification of
efforts to eliminate all forms of violence against women: General Assembly 61st Session
(2006)
Resolution A/RES/61/144 adopted by the General Assembly on Trafficking in women and
girls: General Assembly 61st Session (2006)
Resolution A/RES/62/134 adopted by the General Assembly on Elimination of rape and other
forms of sexual violence in all their manifestations, including in conflict and related
situations (General Assembly 62 Session (2007)
2.1.3. UN Resolutions
2.1.3.1. United Nations General Assembly Resolution 52/86 on Crime Prevention and
Criminal Justice Measures to Eliminate Violence against Women (1998)
This resolution makes concrete recommendations for action which states can undertake to
monitor and combat violence against women and prevent crimes. Apart from emphasizing the
protection of women, it further calls for the participation of women in peace and security
structures, for instance the police, at the operational level. It calls on member States to
develop crime surveys on the nature and extent of violence against women; gather
11 CEDAW, 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.
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information on a gender-disaggregated basis for analysis and use in needs assessment,
decision and policy-making, and monitor and issue annual reports on the incidence of
violence against women.
2.1.3.2. United Nations Security Council Resolution 1325 on Women, Peace and Security
(2000)
The United Nations Security Council Resolution 1325 specifically recognizes women’s
different roles and needs in conflict and post-conflict environments. It calls for the full and
active participation of women in all peace and security processes including conflict
prevention, resolution, management, peacemaking, peacekeeping, peace-building, post-conflict
rebuilding, etc. It also calls for the protection and promotion of the rights of women
and girls, prevention of violence and discrimination against women, and for an end to
impunity for, as well as the prosecution of, perpetrators of violence and discrimination
against women and girls. In addition, the Resolution calls for increased women’s
participation in decision-making at the community, national, regional and international levels,
and for more institutions and mechanisms for the prevention, management and resolution of
conflict.
2.1.3.3. United Nations Security Council Resolution 1820 on Sexual Violence (2008)
The United Nations Security Council Resolution 1820 recognizes sexual violence as a tactic
of war and links it with the maintenance of international peace and security. It classifies
sexual violence as a war crime, a crime against humanity or a constitutive act with respect to
genocide. It reinforces the provisions of UNSCR 1325 by stressing the need to increase
women’s role in decision-making with regard to conflict prevention and resolution. In
addition, the Resolution calls for the cessation by all parties to armed conflict of all acts of
sexual violence against civilians, and for the exclusion of such acts from amnesty provisions.
The Resolution calls on the UN Secretary-General to report on its implementation, including
an analysis of the prevalence and trends, benchmarks or indicators for progress and on
concrete plans for facilitating the timely collection of “objective, accurate and reliable
information” on sexual violence.
2.1.3.4. United Nations Security Council Resolution 1888 on Women, Peace and Security
(2009)
The United Nations Security Council Resolution 1888 further complements both UNSCRs
1325 and 1820 and seeks to strengthen efforts to combat sexual violence in situations of
armed conflict. It calls for the appointment of a special representative who will provide
strategic leadership and coordinate efforts among different stakeholders to address sexual
violence; for the identification of women protection advisers; for increased participation of
women in conflict resolution and peace-building and for the strengthening mechanisms to
monitor and report on sexual violence.
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2.1.3.5. United Nations Security Council Resolution 1889 on Women, Peace and Security
(2009)
United Nations Security Council Resolution 1889 aims to strengthen the implementation and
monitoring of UNSCR 1325.
It reiterates the call for increased participation of women in all peace and security processes,
from conflict prevention to post-conflict reconstruction; calls for the protection of women and
girls during situations of conflict and for the prevention of violence and discrimination
against women. In this regard, it emphasizes the responsibility of states to prosecute
perpetrators of violence and requests the inclusion of, in all country reports to the Security
Council, information on the impact of armed conflict on women and girls as well as their
post-conflict needs. It further requests that the Secretary-General submit a set of indicators to
track the implementation of UNSCR 1325.
2.1.4. International mechanisms
2.1.4.1. Millennium Development Goals (MDGs) (2000)
The Millennium Development Goals (MDGs) adopt a human security approach to
development. It contains eight development goals including the promotion of gender equality
and empowerment of women.
The eight development goals; Goals 3 and 5 focus specifically on gender and women’s
issues. The other six goals issues addressed by the MDGs, including poverty, hunger, disease,
education, child mortality and environmental degradation, all have a specific feminine face
because they exacerbate women’s vulnerabilities to conflict, violence and insecurities.
2.1.4.2. Universal Periodic Review (UPR)
The UPR is a unique process which involves a review of the human rights records of all 192
UN Member States once every four years. The UPR is a state-driven process, under the
auspices of the Human Rights Council, which provides the opportunity for each state to
declare what actions they have taken to improve the human rights situations in their countries
and to fulfill their human rights obligations.
The UPR is one of the key elements of the Council which reminds states of their
responsibility to fully respect and implement all human rights and fundamental freedoms. It
was created through the UN General Assembly on 15 March 2006 by Resolution 60/251.
2.1.4.3. Special Rapporteurs
Special rapporteurs have been vital to bringing to the attention of the United Nations the
causes and consequences of violence against women. In 1994, it was the work of a special
rapporteur that brought international attention to the plight of women in conflict situations.
Since then, the work of other special rapporteurs or representatives has contributed to the
growing understanding of the situation of women and girls during armed conflict.
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The Special Rapporteurs on Rwanda and the Democratic Republic of the Congo, as well as
the Special Rapporteur on torture, have all highlighted gender-based and sexual violence
against women and girls committed during armed conflicts.
2.2. REGIONAL INSTRUMENTS
2.2.1. Gender and Women’s Rights Instruments
2.2.1.1. African Union Protocol to the African Charter on Human and People’s Rights
on the Rights of Women in Africa (2003)
The African Union Protocol to the Charter on Human and People’s Rights on the Rights of
Women in Africa is designed to promote and ensure respect for the rights of African women.
It requires African governments to eliminate all forms of discrimination and violence against
women and to promote equality. The Protocol also commits African governments to include
in their national constitutions and other legislative instruments these fundamental principles
and ensure their effective implementation. It obligates governments to integrate a gender
perspective in their policy decisions, legislation, development plans and activities, and to
ensure the overall well-being of women.
In Article 9, the Protocol calls for action to promote participative governance and the equal
participation of women in political and decision-making processes. Article 10 calls for
measures to ensure the increased participation of women in structures and processes for
conflict prevention, management and resolution at local, national, regional, continental and
international levels.
2.2.1.2. African Union Solemn Declaration on Gender Equality in Africa (2004)
The Solemn Declaration on Gender Equality in Africa is an instrument for promoting gender
equality and women's empowerment. It strengthens African ownership of the gender equality
agenda by placing gender mainstreaming at the highest political level in Africa. In order to
ensure the effective monitoring of the Declaration, key issue areas encapsulated in the
Declaration have been classified into six thematic clusters: governance, peace and security,
human rights, health, education and economic empowerment.
The cluster on governance calls for the application of the gender parity principle to all the
organs of the AU. On peace and security, the Declaration calls for the full and effective
participation and representation of women in peace processes including the prevention and
management of conflicts and post-conflict reconstruction. It specifically calls for the
appointment of women as special envoys and representatives of the African Union.
2.2.1.3. African Union Gender Policy (2008)
The African Union Gender Policy is a document that summarizes all of the existing decisions
and declarations of the AU and other global commitments on gender and women’s
32. 15
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empowerment as it relates to women in the African continent. In this regard, it is aligned to
Article 4 (L) of the Constitutive Act of the African Union which enshrines the Parity
Principle, the Protocol to the African Charter on Human and People’s Rights on the Rights of
Women in Africa and the Solemn Declaration on Gender Equality in Africa, among others.
The Policy provides a mandate for the operationalization of the AU’s commitments to gender
equality and women’s empowerment at the level of the AU Commission and all of its organs,
regional economic commissions and member states.
It specifically calls for the promotion of good governance and rule of law, which guarantee
human rights and rights of women through democratic and transparent institutions; the
adherence to the principle of gender equality between men and women and boys and girls in
enjoying their rights and sharing their opportunities, benefits and contributions; the strict
observance of the principle of gender equity which guarantees fairness and equal treatment
for all; the compliance to the Parity Principle as enshrined in the Constitutive Act of the
African Union; the promotion of the principle of shared responsibility, accountability and
ownership of the commitments made by the AU; the promotion of regional integration as a
vehicle for the advancement of the African continent and its peoples; and the application of
the principle of subsidiarity to ensure the efficient and effective implementation of the policy
at all levels.
2.2.2. Broad Peace and Security Instruments with a Focus on Gender and Women’s
Issues
2.2.2.1. Protocol Relating to the Establishment of the Peace and Security Council of the
African Union (2002)
The AU Peace and Security Council is a standing decision-making organ for the prevention,
management and resolution of conflict. As stated in Article 2 (1) of the PSC Protocol, the
PSC is “a collective security and early-warning arrangement to facilitate timely and efficient
response to conflict and crisis situations in Africa”. In this regard, the PSC is mandated to
cooperate and collaborate with other structures/pillars of the AU Peace and Security
Architecture (APSA), i.e. the Panel of the Wise, the African Stand-by Force, the African
Peace Facility and the Continental Early Warning System (CEWS).
The PSC Protocol and its attendant instruments, i.e. its rules of procedure and modalities for
the election of its members, are highly progressive instruments for addressing issues relating
to peace, security, stability and human development on the continent. On gender and women-related
issues, the protocol in Article 13 (6) calls for training on the rights of women and
children for civilian and military personnel of the national standby contingents at both
operational and tactical levels. In Article 14 (3e) it calls for the PSC to assist Member States
that have been adversely affected by violent conflict in providing assistance to vulnerable
persons, including women. And in Article 20 it encourages civil society organizations,
particularly women’s organizations, to participate actively in efforts aimed at promoting
peace, security and stability in Africa.
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2.2.2.2. The Constitutive Act of the African Union (2001)
The Constitutive Act of the AU symbolizes the statement of intent of African leaders to
establish a continental union. The Act sets out the legal framework under which the AU
conducts itself. As with most policy documents of the AU, the Act is quite gender-sensitive.
First, the Act stresses the need to build partnerships between governments and civil society,
and particularly with women. Second, Article 4 (l) lists the promotion of gender equality as
one of the fundamental principles of the AU. Lastly, Article 13 (1l) calls for the formulation
of social security policies, including the formulation of mother and child care policies, as well
as policies relating to the disabled and the handicapped.
2.2.2.3. The Solemn Declaration on a Common African Defense and Security Policy
(2004)
The Solemn Declaration on a Common African Defense and Security Policy directly
complements the Peace and Security Council Protocol. It calls on Member States to provide a
framework for the effective participation of women in conflict prevention, management and
resolution activities (Section 13 [w]), and makes specific reference to existing instruments on
the rights of women such as the Declaration on the Elimination of Violence against Women,
the Convention on the Elimination of All Forms of Discrimination against Women, and the
Convention on the Political Rights of Women, among others. Reference is also made to
gender and the definition of security that is given in Section 6 includes the “right to
protection against marginalization on the basis of gender”.
Section 11 (p) specifically calls for the “promotion of gender equality” as one of the
principles and values underlying the Common African Defense and Security Policy; and
Section 12 (iv) calls on African countries to refrain from actions which “amount to
propaganda for war or advocate for hatred based on gender”.
On the operational level, however, the implementing organs and mechanisms of the Common
African Defense and Security Policy, i.e. the Assembly of the AU, the PSC, the AU
Commission and the Regional Economic Communities (RECs), have yet to fully initiate
women-specific and gender-sensitive programmes that will particularly enhance the
protection of women’s rights and their active participation in the implementation of the
Solemn Declaration.
2.2.2.4. The Post-Conflict Reconstruction and Development Policy (2006)
The AU Policy on Post-Conflict Reconstruction and Development (PCRD) is the most
progressive policy instrument within the PSC for advancing women’s issues. In recognition
of the huge gender gap that exists within the field of peace and security and the urgent need
to transform this, the PCRD policy adopts a two-pronged approach. It mainstreams gender
and women’s issues across all its indicative elements and also addresses women and gender
as a stand-alone element.
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With regard to women-specific and gender programming, the PCRD policy makes a number
of pertinent suggestions. Generally, it is focused on human security, non-state grassroots
involvement in post-conflict reconstruction and development, and on the importance of
addressing the structural or root causes of conflict and violence. It is underpinned by five core
principles which emphasize African leadership; national and local ownership; inclusiveness,
equity and non-discrimination; cooperation and coherence; and capacity building for
sustainability – all of which are critical for promoting women’s full and active participation.
It calls for:
1) gender analysis to inform the development of gender-sensitive policies, programmes,
budgets and impact assessment;
2) creation of legal frameworks that ensure the full enjoyment of family rights and
equitable access to, and control over, resources including land, property and
inheritance, which are key especially for widows and women returnees;
3) full and active participation of women in conflict prevention, management and
resolution;
4) creation of a gender focal point to ensure that gender is mainstreamed through all
PCRD activities;
5) transformation of public institutions to make them more responsive to women’s
needs;
6) focus on gender training and sensitization, especially for forces engaged in peace
support operations in post-conflict reconstruction environments; and
7) ratification of, accession to, domestication and implementation of the relevant AU and
international instruments relating to women’s rights such as UNSCR 1325, 1820,
1888 and 1889.
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III.CURRENT STATUS OF RATIFICATION AND IMPLEMENTATION OF
GENDER RELATED INTERNATIONAL AND REGIONAL INSTRUMENTS
By ratification of gender related international instruments, the Government of Rwanda
expresses it’s political will to promote gender equality and promote the full enjoyment of
rights by women. Ratification expresses the Government’s will to be bound by the provisions
of ratified international instruments and its commitment to assume legal obligation to
implement the rights recognized in these instruments. However, signing and ratification of an
international instrument is not enough, incurs additional obligations such as the obligation to
incorporate into its domestic laws the provisions recognized in ratified instruments for their
enforcement; implement underlying obligations, and submit regular reports to the monitoring
committee set up under that treaty on how the rights are being implemented.
This chapter assesses the current status of implementation and reporting on all gender related
international instruments bending the Government of Rwanda.
™ The obligations to comply with treaties’ provisions including reporting
By choosing to ratify and 'become party' to a human rights treaty, a State becomes obliged to
ensure that its domestic legislation complies with the treaty's provisions. In the case of major
human rights treaties, the obligations of State Parties include regular reporting to and scrutiny
by, UN human rights bodies. If a State fails to comply with the terms of the treaty, then the
State will be in breach of international law.
3.1. The current status of ratification and reporting on gender related international
instruments
Countries that have ratified or acceded to the Conventions are legally bound to abide by their
provisions. They also have the obligation to submit national reports on measures taken to
comply with their treaty obligations. To meet their reporting obligation, States must submit
an initial report usually one year after joining (two years in the case of the CRC) and then
periodically in accordance with the provisions of the treaty (usually every four or five years).
The table below shows the state of ratification of international instruments; including the date
of accession/ ratification or signatory and the state of reporting according to guidelines
defined by each convention.
The following table shows the state of ratification and reporting for the gender-related
international instruments ratified/ signed by Rwanda.
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Table 1: State of ratification and reporting by Rwanda on Gender related International Instruments
1. International Conventions
Instruments Date of
creation
Entry
into
force
Ratificatio
n/
Accession
by
Rwanda
Reference Timeframe Date due Date of
submission
International
Convention on
Civil and Political
Rights
Adoption
on
16/12/196
6 in New
York
23/03/19
76
A:
01/03/1975
D-L. n°. 8 / 75 of
12/02/1975 O.G.
n° 5 of
01/03/1975,
p.230.
Initial report within
one year of the date
of entry into force,
then every time it is
requested
23 March 1976, then
on demand
3rd report
submitted in 2007
and presented in
March 2009
Convention on the
elimination of all
forms of
discriminations
against women
(CEDAW)
Adopted
by
General
Assembly
resolution
34/180 of
18
December
1979
3
Sept.198
1
R12:
15/02/1981
P.O. n° 431/16 of
10/11/1980 O.G.
n°. 4 of
15/02/1981,
p.132.
At least every four
years or whenever
the Committee
CEDAW so requests
(art.18).
3/9/1982 (Initial
report);
3/9/1986
3/9/1990
3/9/1994
3/9/1998
3/9/2002
3/9/2006
3/9/2010
3/9/2013 (the next
report)
-24 May 1983
-7 March 1988
-18/Jan 1991
-July 2007 (Period:
1994-2005
combining the 4th,
5th, 6th and 7th
reports). It was
presented in 2009.
12 Ratification
37. 20
20
Instruments Date of
creation
Entry
into
force
Ratificatio
n/
Accession
by
Rwanda
Reference Timeframe Date due Date of
submission
Optional Protocol
to the CEDAW
Adopted
by GA
resolution
54/4 of 6
October
1999 and
opened for
signature,
ratificatio
n and
accession
on 10
December
1999
22/12/20
00
A:
31/08/2009
P.O. n°. 34/01 of
14/07/2009
O.G.n°. 35 of
31/08/2009, p.5.
Not applicable: there
is no report required;
it is only about the
recognition of the
competences of the
committee on
CEDAW in regard to
the reception and
examination of
communications.
Not applicable Not applicable
Convention
concerning Equal
Remunerations
concerning Equal
Remuneration for
men and women
work for worker
Adoption
on
29/06/195
1 in the
34th
session of
the ILO
29/06/19
51
R:
01/11/1980
P.O. n°. 350/06
of 10/10/1980
O.G. n°. 21 of
01/11/1980,
p.695.
Reporting ed through
ILO
Reporting ed
through ILO
Reported through
ILO
38. 21
21
Instruments Date of
creation
Entry
into
force
Ratificatio
n/
Accession
by
Rwanda
Reference Timeframe Date due Date of
submission
of equal value
Convention on the
political rights of
women
New
York, 31
March
1953
07/07/19
54
R:
15/06/2003
P.O. n° 160/01 of
31/12/2002 O.G.
n° 12 ter. of
15/06/2003, p.25.
Reporting when
requested by the
committee
Reporting when
requested by the
committee
-
Convention on the
Nationality of
Married Women
New
York, 20
February
1957
07/07/19
54
15/06/2003 P.O. n° 164/01 of
31/12/2002 O.G.
n° 12 ter. of
15/06/2003, p.29.
Reporting through
CEDAW
Reporting through
CEDAW
Reported through
CEDAW
Protocol to the
ACHPR on the
Rights of Women
in Africa
11 July
2003, in
Maputo
Mozambiq
ue
11 July
2003
R:
24/6/2004
P.O. n° 11/01 of
24/6/2004 O.G.
Spec .n° of
24/6/2004, p.19.
The report is
submitted in
conformity with the
art. 62 of ACHPR : it
is incorporated in the
report on the
implementation of
the ACHPR
Reporting through
ACHPR (initial
report within 1 year
after entry into
force, and then
every four years
Reported through
ACHPR
Convention on
Consent to
Marriage,
Minimum Age for
Adopted
on
10/12/196
2
09/12/19
64
R:
15/6/2003
P.O. n ° 160/01
of 31/12/2002.
O.G. n ° 12 of
15/6/2003
Reporting through
CEDAW
Reporting through
CEDAW
Reported through
CEDAW
39. 22
22
Instruments Date of
creation
Entry
into
force
Ratificatio
n/
Accession
by
Rwanda
Reference Timeframe Date due Date of
submission
Marriage and
Registration of
Marriages.
United Nations
Convention
against
Transnational
Organized Crime
Adopted
on
15/11/200
0 in New
Entry
into
force:
09/2003
15/06/2003 P.O. n° 158/01 of
31/12/2002 O.G.
n° 12 of
15/06/2003, p.23.
Reporting when the
committee request so
No report yet
submitted
No report yet
submitted
Protocol to
Prevent, Suppress
and Punish
Trafficking in
Persons,
Especially Women
and Children
Adopted
by the GA
resolution
55/25 of
15
November
2000 (not
in force)
Entry
into
force:
12/2003
15/06/2003 P.O. n° 163/01 of
31/12/2002 O.G.
n° 12 of
15/06/2003, p.28.
No reporting
timeframe, only
reported when
requested by the
committee
Reporting through
the Convention
against
Transnational
Organized Crime
No report yet
submitted
C89 Night work
(women)
convention
Adopted
on
17/06/194
27/02/19
51
R:
09/07/1962
Let. n°
222/278/772 of
09/07/1962
Reporting through
ILO
Reporting through
ILO
Reporting was
done through ILO
40. 23
23
Instruments Date of
creation
Entry
into
force
Ratificatio
n/
Accession
by
Rwanda
Reference Timeframe Date due Date of
submission
(revised) 8
C100 Equal
Remuneration
Convention
Adopted
on
29/06/195
1
Entry
into force
23/05/19
53
R:
01/
11/
198
0
P.D. n° 350/06 of
10/10/1980, OG
n° 21 of
01/11/1980, p.
695
Reporting through
ILO
Reporting through
ILO
Reporting was
done through ILO
C111
Discrimination
(Employment and
Occupation)
Convention
Adopted
on
25/06/195
8
Entry
into force
15/06/19
60
A:
01/
01/
198
1
P.D. n° 417/06 of
07/11/1980, OG
n° 01 of
01/01/1981, p. 1
Reporting through
ILO
Reporting through
ILO
Reporting was
done through ILO
41. 24
24
Table 2: United Nations Gender related Resolutions which Rwanda is party to
Instruments Date of creation Entry into force Date of
submission of
the report
UN Resolution 1820 on Women, Peace and Security Adopted by the Security Council at its
5916th meeting, on 19 June 2008
19 June 2008 Not yet reported
UN Resolution 1325 on women, peace and security Adopted by the Security Council at its
4213th meeting, on 31 October 2000
31 October 2000 October 2010
UN Resolution 61/143 on Intensification of efforts
to eliminate all forms of violence against women
Adopted by the General Assembly on 19
December 2006
19 December 2006 July 2009
UN Resolution 61/144 on Trafficking in women and
girls
Adopted by the General Assembly on 19
December 2006
19 December 2006 July 2009
UN Resolution 62/134 on Eliminating rape and
other forms of sexual violence in all their
manifestations, including in conflict and related
situations
Adopted by the General Assembly at its
76th plenary meeting 18 December 2007
18 December 2007 July 2009
42. 25
25
Instruments Date of creation Entry into force Date of
submission of
the report
United Nations General Assembly Resolution
52/86 on Crime Prevention and Criminal
Justice Measures to Eliminate Violence
against Women
2 February 1998 2 February 1998
United Nations General Assembly Resolution
53/117 on Traditional or customary
practices affecting the health of women
and girls
1 February 1999 1 February 1999
United Nations General Assembly Resolution
54/135 on Improvement of the situation of
women in rural areas
7 February 2000 7 February 2000
43. 26
26
Table 3: International and Regional Declarations on Gender Equality and Women’s Rights which Rwanda is party
to
Instruments Date of creation Entry into
force
Ratification/ Accession
by Rwanda
Date due Date of
submission
1. International (Universal Declarations)
Universal Declaration of
Human Rights
Adopted on
10/06/1948
10/12/1948 A13: 18/09/1962 (Rwanda
acceded by the mere fact
of its admission as
member of the UN)
No reporting
required
No reporting
required
Beijing Declaration and
Platform for Action
15 September 1995 15 September
1995
15 September 1995 ‐ 15 Sept 1999
‐ 15 Sept 2004
‐ 15 Sept 2009
2004
2009
Declaration on the Protection of
Women and Children in
Emergency and Armed Conflict
Proclaimed by
General Assembly
resolution 3318
(XXIX) of 14
December 1974
14 December
1974
14 December 1974 No time due No report yet
submitted
Declaration on the Elimination
of Violence against Women
20 December 2003 20 December
2003
20 December 2003 No time due
(reporting is made
under request)
No report yet
submitted
13 A: Accession
44. 27
27
Instruments Date of creation Entry into
force
Ratification/ Accession
by Rwanda
Date due Date of
submission
2. Regional (African) Declaration
Banjul Declaration on the
Strategies for Accelerating the
Implementation of the Dakar
and Beijing Platforms for
Action
15 December 2009 15 December
2009
15 December 2009 No time due
(reporting when so
requested)
No report yet
submitted
African Union Solemn
Declaration on Gender Equality
in Africa
8 July 2004 8 July 2004 8 July 2004 No time due
(reporting when so
requested)
A report was
submitted in 2010
3. Sub-regional Declarations
Great lakes Protocol on the
Prevention and Suppression of
Sexual Violence against
Women and Children
30 November 2006 30 November
2006
30November 2006 According to the
implementation plan
No report yet
submitted
45. 28
28
3.2. The current status of the implementation of different Gender Related
International and regional Instruments
3.2.1. The Constitution of the Republic of Rwanda of 04 June 2003
The Constitution of the Republic of Rwanda of 04 June 2003 as amended to date in its
article 190 stipulates that “Upon their publication in the official gazette, international
treaties and agreements which have been conclusively adopted in accordance with the
provisions of law shall be more binding than organic laws and ordinary laws except in the
case of non compliance by one of parties”.
3.2.2. Domestic laws
In order to reinforce the provisions of different gender related international and regional
instruments, the Government of Rwanda has adopted a number of laws to reinforce its
commitment to guarantee equal rights between men and women in all spheres of public
and individuals’ life, ensure the promotion of women’s rights, and protect them against
violence and discrimination.
The Government of Rwanda’s efforts for the promotion of gender equality and women’s
rights cannot be summarized to promulgation of the Constitution 04 June 2003 and the
accession by Rwanda to multi-lateral instruments. Indeed, many laws protecting women
from violence and ensuring their full enjoyment of the same rights as men have been
enacted and include the following:
• Decree Law relating to the Penal Code14,
• Law n° 42/1988 of 27/10/1988 relating to the Civil Code15,
• Law n° 04/99 of 12/03/1999 establishing the National Human Rights
Commission16,
• Law n° 22/99 of 12/11/1999 on matrimonial regime, liberalities and
successions17,
• Law n° 27/2001 of 28/04/2001 relating to the rights and protection of the child
against violence18,
• Law n° 47/2001 of 18/12/2001 on prevention, suppression and punishment of the
crime of discrimination and sectarianism19,
• Organic Law n° 16/2003 governing political and politicians20,
• the Law n° 24/2003 of 14/08/2003 determining the operation of the National
Council of Youth21,
14 J.O n° 13 bis of 01/07/1978
15 J.O, 1989, P.9
16 J.O n° 06 of 15/03/1999
17 J.O n° 22 of 15/11/1999
18 OGRR n° 23 of 01/12/2001
19 J.O n0 4 of 15/02/2002
20 OGRR n° Special 27/06/2003
46. 29
29
• Law n° 33 bis/2003 of September 06, 2003 repressing the crime of genocide,
crimes against humanity and war crimes22,
• Organic Law N°08/2005 of 14/07/2005 determining the use and management of
land in Rwanda23,
• Law n°51/2007 of 20/09/2007 determining the responsibilities, organization and
functioning of the Gender Monitoring Office in Rwanda24,
• Law n° 59/2008 on prevention and punishment of GBV25
• Organic Law n° 12/2008 of 09/05/2008 relating to election procedures of
Rwandan representatives to the East African Legislative Assembly (EALA)26,
• Organic Law n° 30/2008 of 25/07/2008 relating to Rwandan Nationality27,
• Organic Law n° 66/2008 of 21/11/2008 modifying and complementing Organic
Law n° 31/2007 of 25/07/2007 relating to the abolition of the death penalty28,
• Law n° 10/2009 of 14/05/2009 on mortgages29,
• Law n° 13/2009 of 27/05/2009 regulating labour in Rwanda30,
• Law n° 27/2010 of 19/06/2010 relating to elections31,
• Law n° 34/2010 of 12/11/2010 on the establishment, functioning and
organization of Rwanda Correctional Service (RCS)32,
• Law n° 02/2011 of 10/02/2011 determining the responsibilities, organization and
functioning of the National Women’s Council33
3.2.3. Policies and Programmes
In addition to ratifying or acceding to international instruments or enacting laws; the
Government of Rwanda also established policies and programmes that are being
implemented with the purpose of empowering women and ensuring gender equality, as a
pillar of national development.
3.2.3.1. Policies
Different policies, programmes and strategies put in place by the Government of Rwanda
include the National Gender Policy (2010), the National Policy for Family Promotion
(2005), the National Labour Policy (2005), the Girls’ education Policy and its strategic
21 OGRR n° 18 of 15/09/2003
22 OGRR n° 21 of 01/11/2003
23 OGRR n° 18 of 15/09/2005
24 OGRR n° 23 of 01/12/2007
25 OGRR n° 14 of 06/04/2008
26 OGRR n° Special of 09/05/2008
27 OGRR n° Special of 05/09, 2008
28 OGRR n° 23 of 01/12/2008
29 OGRR n° special of 15/05/2009
30 OGRR n° special of 27/05/2009
31 OGRR n° Special of 19/06/2010
32 OGRR n° 4 of 24/01/2011
33 OGRR n° Special of 11/02/2011
47. 30
30
plan, the National Decentralisation Policy, the Reproductive Health Policy, the Vision
2020, and EDPRS.
3.2.3.2. Programmes and strategies
The previous paragraphs have mentioned different initiatives of the Government of
Rwanda to honor its commitments under different international and regional instruments
it is part to. Mention has been made on the provisions of the constitution guaranteeing
the same rights to women as men, the ratification of different international and regional
instruments for the promotion and protection of women’s rights and elaboration and
implementation of different policies and programmes, both aiming at promoting equality
between men and women, protection of women against violence and acts of
discrimination and their empowerment.
Also, different programmes and strategies put in place, have been identified. They
include the Vision 2020 (2002) and its cross-cutting areas34, the Economic Development
and Poverty Reduction Strategy (EDPRS), the Nine year basic education, the Long-Term
Investment Framework, the National gender strategy, the National social protection
strategy, the National Health insurance scheme designed for all the population with
women and children being, the primary beneficiaries, the National Accelerated Plan for
Women, Girls, Gender Equality & HIV 2010-2014, establishment of One stop centers
(Kigali National Police Hospital and Gihundwe Hospital in Western Province) for GBV
survivors care and medical, psychosocial, and legal support; elaboration of the National
strategic plan on UNSC Resolution 1325, establishment of anti-GBV and child
protection committees from the grassroots level to the National level, establishment of
Gender Desk in Rwanda National Police, Rwanda Defense Force and in National Public
Prosecution Authority, Free hotline in Rwanda National Police, Rwanda Defense Force
and in National Public Prosecution Authority (the most particularly used in reporting of
violence against women), women employment Strategic plan, women’s guarantee funds,
establishment of Savings and Credit Cooperatives based in each sector called Umurenge
SACCO, UMWARIMU SACCO Program helping the community and teachers of
primary and secondary schools, particularly women, access soft loans, Gira inka program
(one cow per family), “Bye Bye” Nyakatsi program, just to quote few.
The following part provides concrete facts about what has been achieved so far to ensure
the implementation of the provisions of those instruments, laws and policies as
mentioned. The achievements are assessed in the following programmes:
a. elimination of discrimination against women in general,
b. elimination of discrimination against women in the political and public life of the
country, ensuring equal right in the field of education and training,
c. prevention and elimination of discrimination against women in the field of health
care, elimination of discrimination in areas of economic and social life,
d. ensuring equal rights in all matters relating to marriage and family relations,
34 OGRR n° special of 25/02/2008
48. 31
31
e. taking all appropriate measures, including legislation, to suppress of all forms of
traffic in women and exploitation of prostitution of women,
f. protection of women in armed conflicts and post-conflict situations, and
g. protection of women against Gender-Based Violence.
For each intervention program, instruments and articles concerned, measures taken and
key achievements throughout different programs and projects with disaggregated data in
support are highlighted.
49. 32
32
3.2.3.3. Eliminating discrimination against women in general
Instruments concerned Measures taken and achievements: Legislations (laws and policies)
o The Convention on
the elimination of all
forms of
discriminations
against women, Art.
2;
o The Protocol to the
African Charter on
Human and Peoples'
Rights on the Rights
of Women in Africa,
Art. 2 (1).
• The Constitution of the Republic of Rwanda of 04/06/2003 as amended to date
Article 11: All Rwandans are born and remain free and equal in rights and duties.
Discrimination of whatever kind based on, inter alia, ethnic origin tribe, clan, colour, sex, region social origin, religion or faith, opinion,
economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and
punishable by law.
Article 16: All human beings are equal before the law. They shall enjoy, without any discrimination, equal protection of the law.
• The ratification of relevant international and regional gender related treaties
• Law n° 22/99 of 12/11/1999 on matrimonial regime, liberalities and successions
Article 43 & 50: Prohibition of discrimination in inheritance right between girls and boys children.
• Law n° 27/2003 of 18/08/2003 determining the organization, attributions and functions of the National Women Council (NWC);
reviewed by the Law n° 02/2011 of 10/02/2011 determining the responsibilities, organization and functioning of the NWC
Article 5: Responsibilities of the National Women’s Council:
The NWC is a forum for advocacy and social mobilization on issues affecting women in order to build their capacity and ensure their
participation in the development of the country in general, and the development of women in particular. In this regard, the Council’s main
responsibilities are as follows:
4° to advocate for gender equality.
• Law n°51/2007 of 20/09/2007 determining the responsibilities, organization and functioning of the Gender Monitoring Office
in Rwanda
Article 6: Specific responsibilities of the Office
6° advocating for the respect of gender equality at all levels
• The Supreme Court decision in RS/Inconst/Pén.0001/08/CS of 26/09/2008
The Supreme Court took decision modifying Article 354 of Decree Law on penal code n° 21/77 of 18/08/1977 to punish the same fine
woman and the man convinced of adultery.
50. 33
33
3.2.3.4. Eliminating discrimination against women in the political and public life of the country
Instruments
and relevant
articles
Measures taken and achievements
Legislations Policies and institutions
arrangements
Projects and programmes
oThe
Convention
on the
Elimination
of all forms
of
Discriminatio
ns against
Women, Art.
3, 4, 7, 8
oThe
The Constitution of the
Republic of Rwanda of
04/06/2003 as amended to
date: Article 5435, Article
7636 and Article 82)37
Organic Law n° 12/2008
of 09/05/2008 relating to
election procedures of
Rwandan representatives
to the East African
The decentralization
policy promotes the
representation of women
at the various
administrative levels:
members of the National
Women’s Council
become automatic
members of the
consultative committees
at the level of the Cell,
Various programs and projects including awareness raising and
capacity building programs have contributed to the realization of
active participation of women at different levels of decision making
as shown by the following figures46: at central level Women
Senators represent 35%, women parliamentarians represent 56.25%,
women Ministers and Ministers of State represent 30,4%; within the
Judiciary system women represent 50%, and the Chief Justice is a
woman.
In the recent local government elections (4 Feb 2O11 - 5 March
2O11)47: women occupied 38,66% of positions in heads of villages;
43,92% of members of Cell Councils; 45,05% in members of
35 Article 54 of the constitution of the Republic of Rwanda of 04 June 2003 as amended to date stipulates that: Political organizations are prohibited
from basing themselves on race, ethnic group, tribe, clan, region, sex, religion or any other division which may give rise to discrimination. Political
organizations must constantly reflect the unity of the people of Rwanda and gender equality and complementality, whether in the recruitment of
members, putting in place organs of leadership and in their operations and activities.
36 The Chamber of Deputies shall be composed of eighty (80) Deputies who shall include twenty-four women elected by specific councils in
accordance with the State administrative entities (2°)…
37 The Senate shall be composed of twenty-six (26) Senators serving for a term of eight (8) years and at least thirty per cent (30%) of them shall be
women….
51. 34
34
Convention
on the
Political
Rights of
Women, Art.
1, 2 & 3;
oThe Protocol
to the African
Charter on
Human and
Peoples'
Rights on the
Legislative Assembly:
Article 338 and Article 739
Law n° 27/2010 of
19/06/2010 relating to
elections: Article 10240,
Article 11641, Article
15542, 15643, Article 15744
and Article 162)45.
In accordance of the
Constitution of the
Republic of Rwanda and
Sector, District and
Kigali City. Political
parties are required to
include at least 30% of
women in their list of
candidates for the
parliamentary elections.
The Ministry of Gender
and Family Promotion
which mainly plays the
role of policy formulation
and coordination of
Sectors councils; 43,17% in Districts Councils; 37,8% in Executive
Committees of Districts; 43,75% in Kigali City Council; 33,3% in
the executive committee of Kigali City; 39,4% in executive
committee of National Youth Council and 33,8% in the committee
of the national council for people with disabilities.
Women also hold positions in other public functions with a total of
45,50% by 54,50% for men48: 0,99% in ministries and other high
public institutions; 0,03% in provinces; 1,51% in Districts; 1,82% in
Sectors; 16,29% in primary education; 7,52% in secondary (1st
cycle); 2,62% in secondary education (2nd cycle); 0,71% in higher
institutions; 6,3% in health centers; 4,29% in hospitals; 3,29% in
46 MIFOTRA/NISR, provisional results of civil servants census 2010, January 2011
47 National Electoral Commission
38 Rwandan representatives to EALA shall be drawn from political organizations, the National Youth Council, the National Council of
Women and the Federation of People the Disabled persons in accordance with their representation in the parliament, the Chamber of
Deputies.
39 The number of Rwandan Representatives to EALA shall be nine (9) as specified in the East African Community Treaty, and at least
thirty per cent (30%) shall be women.
40 The Chamber of Deputies shall be composed of eighty (80) Deputies including twenty-four (24) women elected according to the
administrative entities of the country (2°)…
41 The Senate shall be composed of twenty-six (26) Senators serving for a term of eight (8) non renewable years. At least thirty per
cent (30%) of whom shall be women.
42 At every Sector, one female member and one male member of Council shall be elected through direct and secret ballot.
43 Female members of Council constituting at least thirty per cent (30%) of all District Council members shall be elected through
indirect and secret ballot as well as by the members of the Council Bureau of Sectors constituting the District, members of the
Executive Committee of the National Council of Women at the District and Sector levels and Coordinators of the National Council of
Women at Cell level.
44 Female members elected to be in the Council of the District of City of Kigali elect among themselves the required number of
Council members which every District has to send in the City of Kigali Council.
45 The election of the executive committee members of the District and the City of Kigali is held through indirect and secret ballot.
There shall be at least thirty per cent (30%) of women among the members of the executive committee.
48 MIFOTRA/NISR, principals results of States agents census 2010, January 2011
52. 35
35
Rights of
Women in
Africa, Art. 9.
oThe Beijing
Platform for
Action (or
Beijing
Declaration)
in its 7th
critical area
of concern
(G).
other relevant laws and
policies, at least 30%
women’s representation is
considered at many levels
of administration.
implementation of gender
related activities is
significantly contributing
to active participation of
women in decision
making.
The National Women’s
Council, which is
represented at all levels
of administrative entities,
is playing a key role in
promoting women’s
leadership.
agencies, commissions and public services and 0,13% in projects.