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THE REPUBLIC OF RWANDA 
ASSESSMENT OF GENDER RELATED INTERNATIONAL 
AND REGIONAL INSTRUMENTS AND THEIR 
IMPLEMENTATION IN THE REPUBLIC OF RWANDA 
Kigali, July 2011
THE REPUBLIC OF RWANDA 
ASSESSMENT OF GENDER RELATED INTERNATIONAL 
AND REGIONAL INSTRUMENTS AND THEIR 
IMPLEMENTATION IN THE REPUBLIC OF RWANDA 
Kigali, July 2011
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ii 
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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v 
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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2 
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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3 
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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4 
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.
5 
5 
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
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.
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.
88 
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.
9 
9 
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)
10 
10 
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
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.
12 
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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.
14 
14 
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
15 
15 
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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17 
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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19 
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
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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….
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
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.
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Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01
Assessment on gender_related_international_and_ragional_instruments_01

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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.
  • 5. i ii 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
  • 6. ii iii 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.
  • 7. iii iv 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
  • 8. iv v 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
  • 9. v vi 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
  • 10. vi vii 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
  • 11. vii viii 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
  • 12. viii ix 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
  • 13. ix x 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
  • 14. x xi 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
  • 15. xi xii 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
  • 16. xii xiii 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
  • 17. xiii xiv 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
  • 18. 1 1 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
  • 19. 2 2 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”.
  • 20. 3 3 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.
  • 21. 4 4 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.
  • 22. 5 5 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.
  • 25. 88 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 9 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 10 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.
  • 29. 12 12 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.
  • 30. 13 13 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.
  • 31. 14 14 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 15 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.
  • 33. 16 16 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.
  • 34. 17 17 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.
  • 35. 18 18 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.
  • 36. 19 19 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.