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Constitutions

Effects of Gender Mainstreaming Efforts on Rural Transport Institutions in Kenya

Citation:

Nyangueso, Samuel Ouma, Samuel Oyoo Orwa, Margaret Ombai, and Salma Sheba. 2020. “Effects of Gender Mainstreaming Efforts on Rural Transport Institutions in Kenya.” Proceedings of the Institution of Civil Engineers – Transport 173 (2): 76-86.

Authors: Samuel Ouma Nyangueso , Samuel Oyoo Orwa, Margaret Ombai, Salma Sheba

Abstract:

This paper reports on an investigation into the effects of gender mainstreaming efforts on the institutions that deliver and support rural transport infrastructure and services in Kenya. It comes at a time when the nation is implementing robust policies, supported by enabling legislative and institutional frameworks for gender mainstreaming as required by the Constitution of Kenya 2010. A multi-level case study was conducted at national and county levels where many institutions were surveyed. Qualitative and quantitative data were collected, covering gender analysis in staffing, decision-making and procurement for a sample of rural transport institutions. Results show that gender mainstreaming efforts have transformed rural transport institutions towards gender-responsive staffing, human resource practices, budgeting, procurement and implementation of transport-related works. However, achieving the constitutional two-thirds affirmative action policy in staffing remains a challenge, more so in technical and decision-making bodies. The study found that the meaning and purpose of gender mainstreaming is not sufficiently understood by the majority of transport sector institutions. Additionally, gender-disaggregated data are neither readily available nor applied to rural transport programming and implementation. A change of strategy and long-term progressive efforts are required to realise gender equity in rural transport institutions in Kenya and beyond.

Keywords: procurement, recruitment, transport, planning

Topics: Gender, Gender Mainstreaming, Gendered Power Relations, Gender Equity, Governance, Constitutions, Infrastructure, Transportation, Livelihoods Regions: Africa, East Africa Countries: Kenya

Year: 2020

A Gender Analysis of Peace Agreements and Transitional Documents in Libya, 2011-2018

Citation:

Forster, Robert. 2019. A Gender Analysis of Peace Agreements and Transitional Documents in Libya, 2011-2018. Edinburgh: UN Women.

Author: Robert Forster

Annotation:

Summary: 
"In this Spotlight, we review 26 peace agreements and transition documents signed in Libya between 2011 and 2018, assessing how they provide for the inclusion of women and gender. 1 There are different notions of how to analyse gender in peace agreements and peace processes (see Box 1). 2 Here we review when and how women and gender are explicitly mentioned in the agreements, and how some key areas relevant to gender equality are dealt with. The analysis primarily focuses on two documents, the Constitutional Declaration of 20113 and the Libyan Political Agreement (LPA) of 2015. Together, these documents were to function as Libya’s interim constitution for the transitional period. Even though the LPA was not formally adopted by Libyan political institutions, both documents provide a framework for ongoing formal peace talks. The Spotlight goes on to provide an overview of eight intercommunal local agreements as well as ten localised ceasefire agreements (see summary of agreements in Appendix). The analysis concludes that while there are increased references to women and their participation in Libya’s main transitional documents over time, specific provisions for women are ad hoc across Libya’s national and local peace processes; there is little evidence of a gender sensitive approach and none of the agreements are fully gender responsive or gender inclusive" (Forster 2019, 2).

Topics: Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, Peace Processes Regions: Africa, MENA, North Africa Countries: Libya

Year: 2019

Gender and Fragility: Ensuring a Golden Hour

Citation:

Dudwick, Nora, and Kathleen Kuehnast. 2016. Gender and Fragility: Ensuring a Golden Hour. United States Institute of Peace. 

Authors: Nora Dudwick, Kathleen Kuehnast

Annotation:

Summary: 
"Physicians refer to the “golden hour” as the period after traumatic injury when successful emergency treatment is still possible. The chapeau paper for this series, U.S. Leadership and the Problem of State Fragility, defines fragility as the breakdown or absence of a social contract between people and their government. The collapse of social and political order in response to natural disasters, population displacements, violence, and/or war, however, can paradoxically provide opportunities for societal change. The need to reimagine and rebuild ruptured institutions can create openings for renegotiating gender roles and establishing the basis of an inclusive and more stable society. Unless gender equality receives high level and dedicated support during this “golden hour,” long-standing patterns of inequality are likely to be reestablished. As noted by an expert on security studies, “Promotion of gender equality goes far beyond the issue of social justice and has important consequences for international security.” The golden hour for gender is not after the peace treaties have been signed. The social contract on gender equality must be conceived before the crisis has ended, and then written into the new constitution, implemented in the reconfigured institutions, and prioritized in newly developed education textbooks” (Dudwick and Kuehnast 2016, 1).

Topics: Education, Gender, Women, Gender Roles, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, Post-conflict Governance, Post-Conflict, Peace Processes, Security

Year: 2016

Women, Constitution-Making and Peace Processes

Citation:

Suteu, Silvia, and Christine Bell. 2018. Women, Constitution-Making and Peace Processes. New York: UN Women. 

Authors: Silvia Suteu, Christine Bell

Annotation:

Summary:
"Constitutions form the fundamental legal document in states where they exist, and will usually have priority over ordinary legislation. They provide an interpretive lens through which legislation will be applied, and set the tone for law-making generally. Women and minorities can anchor rights claims and legal claims against discrimination in constitutional language.

Constitutions tend to be more difficult to amend than ordinary legislation, requiring special majorities in parliament and sometimes additional validation steps (such as popular referendums or court certification) for amendments to come into effect. It is important, therefore, for women’s rights to be enshrined in the constitution from the beginning. The difficulty of changing constitutions once they are adopted means that inclusion of rights may be of enduring importance, and omission of rights may be very difficult to correct.

In post-conflict settings, constitutions are deeply intertwined with peacebuilding, good governance and the rule of law. Enshrining women’s rights in societies emerging from conflict is, however, not easy: gender equality is often considered of low priority during constitutional negotiations as compared with issues such as the division of state power and resources, and the way that this should be translated into institutional design. Sometimes gender equality will be relegated to law-making after constitutional drafting. The fact that there are still constitutions in the world today which make no mention of equality generally, or gender equality specifically, is proof that insisting on engendering the constitution is important.

Constitutions also play a deeply symbolic role. They embody a new social contract, whose terms will signal the inclusion or exclusion of particular segments of society. The numerous references to “founding fathers”, “Father of the Nation”, “brotherhood”, or “sons” in constitutions signal the male-dominated understanding of the political community and women’s exclusion from it. Conversely, an explicit reference to “men and women” as part of “we, the people” – as the Tunisian constitution’s preamble includes – can serve to clarify that the state takes women’s contributions seriously and recognizes women as full members of society" (Suteu and Bell 2018, 1).

Topics: Conflict, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, Post-Conflict, Peacebuilding, Peace Processes, Rights, Women's Rights

Year: 2018

The Impact of Women's Activism on the Peace Negotiations in Cyprus

Citation:

Demetriou, Olga. 2018. "The Impact of Women's Activism on the Peace Negotiations in Cyprus." Nationalism and Ethnic Politics 24 (1): 50-65.  

Author: Olga Demetriou

Abstract:

This article focuses on Cypriot women's activism and the work of the Gender Advisory Team (GAT). Referencing United Nations Security Council Resolution 1325, GAT produced specific recommendations to the negotiators and third parties to the Cyprus peace process. In this article, we discuss GAT's recommendations regarding governance and power-sharing from a feminist perspective and the application of a gender-ethnicity nexus in the context of citizenship and belonging. Comparing the parameters used to discuss citizenship in the ongoing Cyprus peace negotiations with those of the 1960 Constitution, in this article we also examine shifts in governmentality through the conflict and postconflict periods, concentrating at each point on presumptions about gender. We argue that current discussions about citizenship are partly the result of unacknowledged considerations of gender, which have been placed on the table by gender activists. This situation poses a question about how we are to interpret the paradoxical incorporation of activist women's voices in peace processes.

Topics: Conflict, Ethnicity, Feminisms, Gender, Women, Governance, Constitutions, Post-Conflict, Peace Processes, UN Security Council Resolutions on WPS Regions: Europe, Southern Europe Countries: Cyprus

Year: 2018

Towards Inclusive Peace: Analysing Gender-Sensitive Peace Agreements 2000–2016

Citation:

True, Jacqui, and Yolanda Riveros-Morales. 2019. “Towards Inclusive Peace: Analysing Gender-Sensitive Peace Agreements 2000–2016.” International Political Science Review 40 (1): 23–40.

Authors: Jacqui True, Yolanda Riveros-Morales

Abstract:

The presence of gender provisions in peace agreements affects women’s participation in post-conflict societies as well as the chances that a post-conflict society will move towards gender equality. While there is an overall upward trend in the number of references to women’s rights and gender equality in peace agreements, gender-sensitive agreements are not a given. Why and how are peace agreements with gender provisions adopted? We use statistical analysis to explain why some peace agreements adopt gender provisions while others have no such provisions. Based on an analysis of 98 peace agreements across 55 countries between 2000 and 2016, we find that peace agreements are significantly more likely to have gender provisions when women participate in elite peace processes. Our study also shows that the likelihood of achieving a peace agreement with gender provisions increases when women’s representation in national parliaments increases and when women’s civil society participation is significant.

Keywords: Peace agreeements, women, peace and security, women's political participation, inclusive peace processes, gender equality norms

Topics: Civil Society, Democracy / Democratization, Gender, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, Quotas, NGOs, Peace and Security, Peace Processes, Rights, Women's Rights, UN Security Council Resolutions on WPS, UNSCR 1325

Year: 2019

Religious Revivalism, Human Rights Activism and the Struggle for Women's Rights in Nigeria

Citation:

Abdullah, Hussaina J. 2000. "Religious Revivalism, Human Rights Activism and the Struggle for Women's Rights in Nigeria." In Beyond Rights Talk and Culture Talk: Comparative Essays on Political Rights and Culture, edited by Mahmood Mamdani, 96-120. Cape Town: David Philip Publishers.

Author: Hussaina J. Abdullah

Annotation:

Summary:
“Within the context of economic crisis, structural adjustment and political authoritarianism which have characterized Nigeria since the 1980s there has been a growth of human rights and civil liberties activism, together with a process of religious revivalism and a rising and institutionalized "State" feminism. From their different positions, the various associations have either shown total disregard for women's rights issues or proved incapable of dealing with them. The struggles of activist women's organizations, such as Women in Nigeria (WIN), which emerged in 1983, have involved the articulation of strategies for responding to the de-politicizing thrust and consequences of "State" feminism/"femocracy", whilst simultaneously attempting to tap potentially positive elements from the process for the benefit of Nigerian women. At another level, they have entailed the broadening of the campaign for women's rights with regard to issues of legal and constitutional reform. International networking has also been employed to advance the interests of Nigerian women, especially as they pertain to the Convention on the Elimination of Discrimination Against Women (CEDAW). Furthermore, there has been an attempt by some women's groups, such as the Federation of Muslim Women's Associations in Nigeria (FOMWAN), to use the idiom of religion and contestations over doctrinal interpretation to press the case for reforms. However, the struggles of Nigerian women for change still have to contend with resilient patriarchal structures, which aspects of religious revivalism have tended to reinforce and which the explosion of human rights activism has, so far, been insufficient to challenge significantly” (Abdullah 2000, 162-3).

Topics: Economies, Gender, Women, Gendered Power Relations, Governance, Constitutions, Religion, Rights, Human Rights, Women's Rights Regions: Africa, West Africa Countries: Nigeria

Year: 2000

Sex and World Peace

Citation:

Hudson, Valerie M., Bonnie Ballif-Spanvill, Mary Caprioli, and Chad F. Emmett. 2012. Sex and World Peace. New York: Columbia University Press.

Authors: Valerie M. Hudson, Bonnie Ballif-Spanvill, Mary Caprioli, Chad F. Emmett

Annotation:

Summary:
Sex and World Peace unsettles a variety of assumptions in political and security discourse, demonstrating that the security of women is a vital factor in the security of the state and its incidence of conflict and war. The authors compare micro-level gender violence and macro-level state peacefulness in global settings, supporting their findings with detailed analyses and color maps. Harnessing an immense amount of data, they call attention to discrepancies between national laws protecting women and the enforcement of those laws, and they note the adverse effects on state security of abnormal sex ratios favoring males, the practice of polygamy, and inequitable realities in family law, among other gendered aggressions. The authors find that the treatment of women informs human interaction at all levels of society. Their research challenges conventional definitions of security and democracy and shows that the treatment of gender, played out on the world stage, informs the true clash of civilizations. In terms of resolving these injustices, the authors examine top-down and bottom-up approaches to healing wounds of violence against women, as well as ways to rectify inequalities in family law and the lack of parity in decision-making councils. Emphasizing the importance of an R2PW, or state responsibility to protect women, they mount a solid campaign against women's systemic insecurity, which effectively unravels the security of all. (Summary from Columbia University Press)
 
Table of Contents
1. Roots of National and International Interests
2. What Is There to See
3. When We Do See the Global Picture
4. The Heart of the Matter: The Security of Women and the Security of States
5. Wings of National and International Relations
6. Wings of National and International Relations 
7. Taking Wing 

Topics: Armed Conflict, Combatants, Conflict Prevention, Domestic Violence, Gender, Gendered Discourses, Gender Balance, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Peace and Security, Governance, Constitutions, Quotas, Political Participation, Rights, Reproductive Rights, Women's Rights, Sexual Violence, Violence, Weapons /Arms

Year: 2012

Religious Power, the State, Women's Rights, and Family Law

Citation:

Htun, Mala, and S. Laurel Weldon. 2015. “Religious Power, the State, Women’s Rights, and Family Law.” Politics & Gender 11 (03): 451–77. doi:10.1017/S1743923X15000239.

Authors: Mala Htun, S. Laurel Weldon

Abstract:

Family law is an essential dimension of women's citizenship in the modern state. The rights established in family law shape women's agency and autonomy; they also regulate access to basic resources—such as land, income, and education—that determine a citizen's ability to earn a living independently, among other life chances (Agarwal 1994; Deere and León 2001; Kabeer 1994; Okin 1989; World Bank 2012). Yet family law is a notorious site of sex inequality, historically and in the present. Equal rights enjoyed by women in national constitutions are often contradicted by family and civil codes that subordinate women to the decisions of their husbands and fathers. In the early 21st century, family law in a significant number of countries discriminated against women, denying them the rights held by men and contributing to their disadvantaged social positions.

Topics: Citizenship, Women, Gender Equality/Inequality, Constitutions, Religion, Women's Rights

Year: 2015

Women as a Sign of the New? Appointments to South Africa's Constitutional Court since 1994

Citation:

Johnson, Rachel E. 2014. “Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994.” Politics & Gender 10 (04): 595–621. doi:10.1017/S1743923X14000439.

Author: Rachel E. Johnson

Abstract:

The aim of the article is to develop our understanding of the role bodies play in processes of institutional change. It does so through developing an approach to the politics of institutional newness that highlights the way in which raced and gendered bodies can become entangled with claims to, or judgements of, “being new.” These questions are explored through South Africa's Constitutional Court, newly established as part of South Africa's transition to democracy in the 1990s and at the center of the broader claims being made about the creation of a new democratic, nonracial, and non-sexist South Africa. Focusing on judicial appointments to the Constitutional Court since 1994, the article draws attention to the ways in which historically excluded bodies, women and black men, have been included into this new space within the judiciary. It is argued that exploring the ways in which institutions lay claim to “being new” through the bodies of historically excluded groups is important for our understanding of the dynamics of institutional change being constituted.

Topics: Women, Gendered Power Relations, Gender Equality/Inequality, Constitutions, Elections, Post-conflict Governance, Political Participation Regions: Africa, Southern Africa Countries: South Africa

Year: 2014

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