EC/UN Partnership on Gender Equality for Development and Peace

An overview of EC commitment to Gender Equality in development cooperation

An overview of EC commitment to Gender Equality in development cooperation

EC DEVELOPMENT POLICY STRUCTURE AND GENDER EQUALITY ...... 1

LEGAL OBLIGATIONS AND COMMITMENTS ...... 2 EC Treaty...... 2 Cotonou Agreement...... 2 Development Cooperation Instrument (DCI)...... 3 European Neighbourhood and Partnership Instrument (ENPI) ...... 4 Instrument for Pre-Accession (IPA) ...... 5 Instrument for Stability (IfS) ...... 5 European Instrument for Democracy and Human Rights (EIDHR) ...... 5 Humanitarian Aid ...... 6

POLICY FRAMEWORK ...... 7 European Consensus on Development...... 7 Regional policy frameworks...... 8 EU Strategy for Africa ...... 8 Commission Communication on EU relations with the Caribbean countries ...... 8 Commission Communication on EU relations with the Pacific Islands ...... 9 Commission Communications on EU relations with Asia ...... 9 Commission Communication on EU relations with Latin America...... 9 EU Policy documents on Development and Gender Equality ...... 9 EC resources for development and Gender Equality ...... 10 European Development Fund (EDF) ...... 10 EC budget...... 10

EC DEVELOPMENT POLICY STRUCTURE – WHO DOES WHAT?...... 11 European Commission ...... 11 DG RELEX ...... 11 DG DEV...... 11 EuropeAid...... 11 ECHO ...... 11 The Council ...... 12

European Parliament ...... 12 The programming process ...... 13 Programming tools ...... 13 Quality support ...... 13 Evaluation ...... 13

EC development policy structure and Gender Equality

This paper aims to give an introduction to the development policy structure of the European Community (EC) with specific focus on the EC commitment to Gender Equality within this structure, including references to relevant documents. While not giving an exhaustive account of all aspects related to EC development cooperation, the purpose is to give a foundation on which to build informative discussions in the September workshop. The paper starts by outlining the legal framework for Community development cooperation and its gender components in order to point out the binding commitments. The policy instruments established to carry out these commitments are then listed, also with gender components if available, together with the funding mechanisms.

The second part of this paper addresses the organisational structure of EC development cooperation. Again this is by no means an exhaustive account of the institutions’ responsibilities but rather a brief illustration of the actors involved. Included is also information pertaining to the programming process that may be useful for the coming work to be done in the UN/EC Partnership on Gender Equality for Development and Peace.

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Legal obligations and commitments

EC Treaty

In the Treaty establishing the European Community (EC Treaty)1, Article 2 calls for the promotion of gender equality throughout the Community. Article 3 lists a range of Community activities, including “a policy in the sphere of development cooperation”, that all “shall aim to eliminate inequalities, and to promote equality, between men and women”. Article 177, which sets the priorities of the EC’s development cooperation, includes poverty eradication as an overall objective. It includes a reference to human rights but not to the promotion of gender equality.

All EU Member States are party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Although some Member States have made reservations to particular S articles in the Convention they have in essence committed themselves to undertake measures to end all forms of discrimination against women.

All EU Member States are signatories to the 2000 Millennium Declaration which holds equal rights for men and women as a fundamental value and further sees the promotion of gender equality and S women’s empowerment as effective ways to achieve sustainable development.

Cotonou Agreement

The partnership agreement between the EU and the ACP countries was signed in Cotonou on 23 June 2000. The agreement covers a twenty-year period and was revised in 2005 in accordance with the agreement’s revision clause stating that the agreement can be adapted on a five-year basis. The revision included a commitment to the Millennium Development Goals as well as a commitment to protect the sexual and reproductive rights of women.

Article 1 of the agreement sets poverty eradication as the main objective of the ACP-EU partnership. It also provides that: “Systematic account shall be taken of the situation of women and gender issues in all areas – politic, economic and social.” It further states in Article 20 that ACP-EC cooperation shall aim at promoting gender equality and that gender issues shall be mainstreamed as a cross-cutting theme. In the section on cross-cutting themes, Article 31 on gender issues reads:

“Cooperation shall help strengthen policies and programmes that improve, ensure and broaden the equal participation of men and women in all spheres of political, economic, social and cultural life. Cooperation shall help improve the access of women to all resources required for the full exercise of their fundamental rights. More specifically, cooperation shall create the appropriate framework to:

1 Official Journal of the European Union C325 2002

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(a) integrate a gender-sensitive approach and concerns at every level of development cooperation including macroeconomic policies, strategies and operations; and

(b) encourage the adoption of specific positive measures in favour of women such as:

(i) participation in national and local politics;

(ii) support for women’s organisations;

(iii) access to basic social services, especially to education and training, health care and family planning;

(iv) access to productive resources, especially to land and credit and to labour market; and

(v) taking specific account of women in emergency aid and rehabilitation operations.”

Development Cooperation Instrument (DCI)

The Development Cooperation Instrument (DCI)2 is the framework for EC assistance to South Africa and developing countries not covered by the Cotonou agreement or the ENPI. Article 2 of the DCI establishes poverty eradication as the overarching objective of cooperation with partner countries. In addition to this it provides support to sugar production restructuring in ACP countries and it also finances five thematic programmes:

ƒ Food Security

ƒ Environment and Sustainable Management of Natural Resources including Energy

ƒ Migration and Asylum

ƒ Investing in People

ƒ Non-State Actors and Local Authorities in Development

The thematic programmes support all developing countries, including those covered by the Cotonou agreement and the ENPI.

The DCI states in its recital that:

“A political environment which guarantees peace and stability, respect for human rights, fundamental freedoms, democratic principles, the rule of law, good governance and gender equality is fundamental to long-term development.”

Gender equality is mentioned as a goal in Article 1 on overall purpose and scope and it is also called to be mainstreamed in all programmes in accordance with Article 3 on general principles. Gender is further mentioned in Article 5 in relation to health (improving maternal and child health, and also sexual and reproductive health/rights), to education (eliminating gender disparity) and to social cohesion and employment (promotion of gender equality). Gender equality is mentioned together with human rights in Article 9 as an area of cooperation with the Middle East. Article 12 on Investing in People includes gender in the sections on “Good health for all” and “Education, knowledge and skills”. It further has an extensive section devoted solely to gender equality:

“c) Gender equality:

2 Regulation no 1905/2006, of 18 December 2006, of the European Parliament and the Council establishing a financing instrument for development cooperation.

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(i) the promotion of gender equality and women's rights, implementing global commitments as detailed in the Beijing Declaration and Platform for Action and the UN Convention on the Elimination of All Forms of Discrimination Against Women, activities include:

ƒ supporting programmes that contribute to achieving the objectives of the Beijing Platform for Action with a special emphasis on gender equality in governance and political and social representation and other actions to empower women;

ƒ strengthening institutional and operational capacities of key stakeholders, civil society organisations, women's organisations and networks, in their endeavours to promote gender equality and economic and social empowerment, including north-south and south-south networking and advocacy;

ƒ including a gender perspective in monitoring and statistical capacity building, by supporting the development and dissemination of data and indicators disaggregated by sex, as well as gender equality data and indicators;

ƒ reducing the adult illiteracy rate, with particular emphasis on female literacy;

ƒ actions against violence against women.”

In article 16 on Migration and Asylum it is stated that special attention should be given to the vulnerability of women and children migrants.

European Neighbourhood and Partnership Instrument (ENPI)

The European Neighbourhood and Partnership Instrument (ENPI)3 establishes the framework for Community assistance to the following countries: Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, Palestinian Authority, Russia, Syria, Tunisia and Ukraine. A gender component is included in Article 2 on the scope of the regulation which states that the instrument shall promote measures:

“(i) supporting policies to promote social development, social inclusion, gender equality, non-discrimination, employment and social protection including protection of migrant workers, social dialogues, and respect for trade union rights and core labour standards, including on child labour;”

“(j) supporting policies to promote health, education and training, including not only measures to combat the major communicable diseases and non-communicable diseases and disorders, but also access to services and education for good health, including reproductive and infant health for girls and women;”

“(k) promoting and protecting human rights and fundamental freedoms, including women's rights and children’s rights;”

3 Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October laying down general provisions establishing a European Neighbourhood and Partnership Instrument.

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Instrument for Pre-Accession (IPA)

The Instrument for Pre-Accession (IPA)4 provides targeted assistance to countries who are candidates to join the European Union, currently Turkey, Croatia and the Former Yugoslav Republic of Macedonia (FYROM). It also gives assistance to the other potential candidate countries, currently Albania, Bosnia and Herzegovina, Montenegro and Serbia (including Kosovo under UN Security Council Resolution 1244). In Article 2 on the scope of the instrument it is stated that support should be given to:

“the promotion and the protection of human rights and fundamental freedoms and enhanced respect for minority rights, the promotion of gender equality and non- discrimination;”

Instrument for Stability (IfS)

The Instrument for Stability5 complements Community external assistance with stabilising measures in crisis situations and capacity building measures to enable third countries to meet global and trans- border threats. Gender components are included in Article 2 on assistance in response to situations of crisis or emerging crisis:

“(c) support for the development of democratic, pluralistic state institutions, including measures to enhance the role of women in such institutions,”

“(j) support for measures to ensure that the specific needs of women and children in crisis and conflict situations, including their exposure to gender-based violence, are adequately met;”

“(k) support for the rehabilitation and reintegration of the victims of armed conflict, including measures to address the specific needs of women and children;”

“(o) support for measures to support the development and organisation of civil society and its participation in the political process, including measures to enhance the role of women in such processes and measures to promote independent, pluralist and professional media;”

European Instrument for Democracy and Human Rights (EIDHR)

The European Instrument for Democracy and Human Rights6 was created to support the rule of law, development of democracy and respect for human rights worldwide. This instrument complements and reinforces the other instruments for development cooperation. In line with the European Consensus on Development this Regulation has a strong gender component. It addresses gender equality in several

4 Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA).

5 Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability.

6 Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide

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paragraphs in Article 2 which focuses on the scope of the regulation. Specifically it says that Community assistance shall relate to:

“promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;”

“The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of vulnerable groups and accountability shall be taken into account whenever relevant by all assistance measures referred to in this Regulation.”

“the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women;”

Humanitarian Aid

The framework for European Community Humanitarian Aid7 stipulates that humanitarian assistance should be given to victims “without discrimination on the grounds of race, ethnic group, religion, sex, age, nationality or political affiliation and must not be guided by, or subject to, political considerations”. There is no other mention of gender equality.

7 Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid

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Policy framework

European Consensus on Development

The European Consensus on Development8 is a joint statement on European Union Development Policy agreed upon by the EU Member States together with the Council, the European Parliament and the European Commission. This statement is in line with the commitment to the principles of aid effectiveness where greater coordination and harmonisation is called for. The European Community together with the EU Member States provides over half of the world’s aid and the first part of the Consensus is in essence their common vision for European Union development policy. The second part addresses the European Community Development Policy.

In the common vision outlined in the Consensus there is a strong commitment for the pursuit of the Millennium Development Goals. Further it is stated in paragraph 11: “The empowerment of women is the key to all development and gender equality should be a core part of all policy strategies.” Gender equality is further mentioned in paragraph 13 as a common value that should be promoted in EU dialogue and partnership with third countries. Paragraph 19 states:

“The promotion of gender equality and women's rights is not only crucial in itself but is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs and in implementing the Beijing platform for Action, the Cairo Programme of Action and Convention on the Elimination of All Forms of Discrimination Against Women. Therefore the EU will include a strong gender component in all its policies and practices in its relations with developing countries.”

In the second part of the Consensus addressing Community Development Policy, gender inequality is mentioned as a root-cause for violent conflict in paragraph 92. Gender equality is further addressed in the section on Human Development, paragraphs 93-96, in the section on Social cohesion and employment, paragraph 97 and further as a cross-cutting issue to be mainstreamed in paragraph 101. Paragraph 104 deals specifically with gender equality and reads:

“Equality between men and women and the active involvement of both genders in all aspects of social progress are key prerequisites for poverty reduction. The gender aspect must be addressed in close conjunction with poverty reduction, social and political development and economic growth, and mainstreamed in all aspects of development cooperation. Gender equality will be promoted through support to equal rights, access and control over resources and political and economic voice.”

8 Joint Statement by the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: “The European Consensus”, 22.11.2005, Doc 14820/05

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Regional policy frameworks

EU Strategy for Africa

The EU Strategy for Africa9 primarily aims for the achievement of the Millennium Development Goals. The framework of action for all EU Member States is based on three basic principles: equality, partnership and ownership. Progress on the implementation of the strategy will be reviewed on a regular basis.

In addition to being an MDG, the promotion of gender equality is stated as one of several priorities for actions to support legitimate and effective governance:

“The EU should ensure that gender equality is fully taken into account in all partnerships and in national development strategies including in poverty reduction strategies. In Africa women constitute the majority of both urban and rural poor. The EU should give priority to the elimination of illiteracy especially among girls and the promotion of their equal access to education, to investment in Sexual and Reproductive Health (SRH) in order to combat HIV/AIDS pandemic, to the reduction of maternal and child mortality and to the participation of women in conflict prevention, peace building and reconstruction.”

In the Council Conclusions on the EU Strategy10 gender equality is further mentioned in the section on Investing in People, paragraph 8 g), as a commitment to:

“Recognise the importance of women in all our policies towards Africa in view of their crucial role in economic growth, development, education and the

disproportionate effects on women of conflict, poverty related diseases and lack of maternal health care; and give appropriate support to sexual and reproductive rights, in line with the International Conference on Population and Development Cairo agenda.”

A Joint EU-Africa Strategy11 is in preparation and will be launched in the second EU-Africa summit in Lisbon December 2007.

Commission Communication on EU relations with the Caribbean countries

In the Commission communication on EU/Caribbean relations12 gender equality is addressed as a shared value and an issue of importance for the political dialogue. Gender inequality is further held to be a root-cause of conflict that should be addressed by EU strategies. In the section on good and effective governance there is the following statement:

“The EU will support gender mainstreaming and initiatives on gender equality in order to contribute to the implementation of the commitments in the MDGs, the Beijing Platform for Action, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination against Women.”

9 COM(2005) 489 final, 12.10.2005,Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, EU Strategy for Africa: Towards a Euro-African pact to accelerate Africa’s development.

10 Conclusions of the European Council on a new EU Strategy for Africa, 19.12.2005, 15961/05 (Presse 367).

11 COM (2007) 357 final, 27.06.2007, Communication from the Commission to the European Parliament and the Council, From Cairo to Lisbon – The EU-Africa Strategic Partnership.

12 COM (2006) 86 final, 2.3.2006, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee: An EU-Caribbean Partnership for Growth, Stability and Development.

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Commission Communication on EU relations with the Pacific Islands

In the Commission communication on EU/Pacific relations13 gender inequality is addressed in the section on governance as a root-cause of conflict meriting EU attention. In the section on main development challenges there is the following statement (bold in original text):

“While the region, apart from Tonga, is not in general marred by grave human rights problems, there are serious issues related to gender. While the situation differs from country to country, violence against women and polygamy constitute important problems and women still have far to go in terms of empowerment.”

A footnote to this statement notes that the Solomon Islands as late as 2006 did not have any women parliamentarians.

Commission Communications on EU relations with Asia

In the Commission communication on EU/Asia relations14 there is no mention of gender equality (or of women’s rights). In the subsequent Commission communication on EU/South East Asia relations15 there is a statement that the sexual exploitation of children and women should be addressed in EC’s assistance, but no mention of gender equality.

Commission Communication on EU relations with Latin America

In the Commission communication on EU/Latin American relations16 there is no direct mention of gender equality. In the section on democratic governance there is a statement that the EC will support the involvement of citizens, particularly women, in political projects.

EU Policy documents on Development and Gender Equality

The European Union has recently made strong commitments to the integration of gender components in development cooperation with the aim to promote gender equality through new aid modalities and the aid effectiveness agenda. These are:

ƒ 9561/07, 15.5.2007, Conclusions of the Council and of the Representatives of the Governments of the Member States meeting within the Council Gender Equality and Women's Empowerment in Development Cooperation

ƒ COM (2007) 100 final, 8.3.2007, Communication from the Commission to the European Parliament and the Council, Gender Equality and Women Empowerment in Development Cooperation

ƒ SEC (2007) 332, 8.3.2007, Annex to the Communication from the Commission to the European Parliament and the Council, Commission Staff Working Document, Gender Equality and Women Empowerment in Development Cooperation

13 COM (2006) 248 final, 29.5.2006, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee: EU Relations with the Pacific Islands – A Strategy for a Strengthened Partnership

14 COM (2001) 469 final, 4.9.2001, Communication from the Commission: Europe and Asia: A Strategic Framework for Enhanced Partnerships

15 COM(2003) 399/4, Communication from the Commission: A new partnership with South East Asia

16 COM (2005) 636 final, 8.12.2005, Communication from the Commission to the Council and the European Parliament: A stronger partnership between the EU and Latin America

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EC resources for development and Gender Equality

European Development Fund (EDF)

The European Development Fund (EDF) does not come under the Community budget but is instead financed directly by the EU Member States. The EDF finances development assistance to the African, Caribbean and Pacific (ACP) countries as well as the Overseas Countries and Territories (OCT). Each EDF covers a period of about five years and the 10th EDF will cover the period 2008-2013. The overall budget for this period is € 22,682 million of which € 21,966 million go to ACP countries, € 286 million to the OCT and the remainder of € 430 million to the European Commission for programming and implementation of the EDF.

EC budget

The Community budget finances all instruments for EC development cooperation aside from the EU/ACP relations covered in the Cotonou agreement which is financed by the EDF. The funding for these instruments for the period 2007-2013 is divided as follows: Development Cooperation Instrument (€16,897 million), Humanitarian Aid (€5,613 million), Instrument for Stability (€2,062 million), European Instrument for Democracy and Human Rights (€1,103 million), Instrument for Pre-Accession (€11,468 million) and European Neighbourhood and Partnership Instrument (€11,181 million).

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EC development policy structure – who does what?

Community development policy involves the Council, the European Parliament (EP) and the Commission. The Commission initiates development policy in collaboration with the Council and the EP and also administrates all Community aid. The Council, in co-decision with the EP, enacts legislation in the field of development cooperation.

European Commission

The development cooperation in the Commission is primarily divided into four Directorates-General: External Relations (DG RELEX), Development (DG DEV), EuropeAid – Co-operation Office and Humanitarian Aid (ECHO). In addition to these the Directorate-General for Enlargement manages the Instrument for Pre-Accession (candidate and potential candidate countries). The division of tasks in development cooperation is outlined below.

DG RELEX

DG RELEX administrates the overseas delegations and programmes development cooperation with non- ACP developing countries. It manages the following financing instruments: the Development Cooperation Instrument, the Instrument for Stability, the European Instrument of Democracy and Human Rights and the European Neighbourhood and Partnership Instrument. It also contributes to the formulation of Community development cooperation policy.

DG DEV

DG DEV is responsible for relations with the ACP countries and programmes the Community assistance financed by the EDF. It further initiates and formulates the Community development cooperation policy.

EuropeAid

EuropeAid is the implementing agency for Community development policy (both EC budget funded instruments and the EDF) aside from humanitarian assistance. It also ensures quality control for aid implementation, monitors and carries out evaluations of development projects.

ECHO

ECHO gives humanitarian assistance to victims of conflict or natural disasters. The funding for ECHO comes from the EC budget under the financial instrument for humanitarian aid.

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The Council

The Development Ministers of the 27 EU Member States meet twice a year in the General Affairs and External Relations Council (GAERC) to discuss development policy. The Council’s Working Group on Development Cooperation (CODEV) is the preparatory body for these meetings. According to the EU comitology procedure, experts from the Member States are also represented in various committees that work with and advise the Commission on implementation measures, including the field of development cooperation.

The Common Foreign and Security Policy (CFSP) and the European Security and Defence Policy (ESDP) fall within the Council’s field of responsibilities. The CFSP and the ESDP are highly relevant for development assistance to fragile states. There are several documents stating Council commitment to integrate Security Council Resolution 1325 in the field of ESDP.

These include:

ƒ Communication from the Council Secretariat to Delegations on Implementation of UNSCR 1325 in the context of ESDP, 29.9.2005 (11932/2/05)

ƒ Note from the Council Secretariat to Delegations: Checklist to ensure gender mainstreaming and implementation of UNSCR 1325 in the planning and conduct of ESDP Operations, 27.7.2006 (12068/06)

European Parliament

The European Parliament (EP) has 785 members, democratically elected by the citizens of the EU Member States, who form 20 standing committees, including the Parliamentary Committee on Development (DEVE). DEVE supports the EP’s budgetary, legislative and supervisory work in the field of development cooperation and development is further the only area of EU external relations where the EP has co-decision powers. The EP also has certain powers over the EC Budget, including the financing instruments for development cooperation. In regard to the EDF which is financed directly by the EU Member States, the EP powers are limited to grant the discharge.

Resolutions by the European Parliament in the field of gender equality include:

ƒ Resolution of the European Parliament on "Women in International Politics", 16.11.2006 (2006/2057(INI)

ƒ Resolution of the European Parliament on "Women in armed conflicts and their role in post-conflict reconstruction", 1.6.2006 (2005/2215(INI)

ƒ Resolution of the European Parliament on “Participation of women in peaceful conflict resolution", 30.11.2000 (2000/2025(INI))

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The programming process

To implement the European Consensus on development cooperation policy, thematic and regional strategies are created together with country strategy papers (CSPs) for each partner country. The CSPs are drafted by the country delegations in cooperation with stakeholders in the country as well as with Brussels headquarters (see box).

Programming tools

To guide the programming process the EC has established common frameworks for the establishment of country strategy papers and strategy papers for thematic programmes. There are further programming fiches on specific areas that should be consulted, including gender equality. These programming tools can be accessed at http://ec.europa.eu/development/How/iqsg/tools_programming_en.cfm

Quality support

An inter-service Quality Support Group (iQSG) has been created to give quality support to the programming process. This group consists of senior representatives from all Directorates-General involved in EC cooperation with developing countries. The iQSG harmonises guidelines, supports the drafting of and makes recommendations for strategic documents. In addition to the iQSG, EuropeAid also has a Directorate dealing with Quality of Operations.

Evaluation

The Evaluation Unit is common to DG DEV, DG RELEX and EuropeAid. Aside from humanitarian assistance and the Pre-Accession Instrument, the Evaluation Unit is responsible for the evaluation of all EC development cooperation, regional and country programmes as well as thematic programmes. The methodology for evaluation can be accessed at http://ec.europa.eu/europeaid/evaluation/intro_pages/methods.htm

Further useful information can be found at: Í Websites of the EC Directorates-General can be found at http://ec.europa.eu/dgs_en.htm Website of the Council http://ue.eu.int/ Website of the European Parliament http://www.europarl.europa.eu/ Summaries of EU legislation can be found at http://europa.eu/scadplus/scad_en.htm EU law documents can be found at http://eur-lex.europa.eu/en/index.htm

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