Wo M En C O U

“All peace and security advocates – both individually and as part of organizational work - should read the 2012 civil society monitoring report on Resolution 1325! It guides us to where we should focus our energies and resources to ensure women’s equal participation in all peace processes and at all decision- making levels, thereby achieving sustainable peace.” -Ambassador Anwarul K. Chowdhury, Former Under- Secretary-General and High Representative of the United Nations

“The GNWP initiative on civil society monitoring of UNSCR 1325 provides important data and analysis Security Council Resolution Council MonitoringSecurity Report 2012 Society 1325: Civil WOMEN COUNT WOMEN WOMEN COUNT on the implementation of the resolution at both the national and local levels. It highlights examples of what has been achieved, and provides a great opportunity to reflect on how these achievements can Security Council Resolution 1325: be further applied nationwide. In this regard my Ministry is excited to be working with GNWP and its members in Sierra Leone on the Localization of UNSCR 1325 and 1820 initiatives!” - Honorable Steve Gaojia, Minister of Social Welfare, Gender & Children’s Affairs, Government of Sierra Leone Civil Society Monitoring Report 2012

“The 2012 Women Count: Security Council Resolution 1325 Civil Society Monitoring Report uses locally acceptable and applicable indicators to assess progress in the implementation of Resolution 1325 at the country and community levels. The findings and recommendations compel us to reflect on what has been achieved thus far and strategize on making the implementation a reality in places that matters. Congratulations to GNWP-ICAN on this outstanding initiative!” - Leymah Gbowee, 2011 Nobel Peace Prize Laureate

“The civil society monitoring report on UNSCR 1325 presents concrete data and analysis on the implementation of the resolution at national level. It helps us identify priorities for implementation and allocate resources to ensure women’s participation in all peace processes and achieve long lasting peace. A must read for all peace and security actors and advocates. Congratulations to GNWP on this outstanding initiative!” - Sadhu Ram Sapkota, Joint Secretary, Ministry of Peace and Reconstruction, Government of Nepal

“A beautifully presented, thoroughly documented accounting of what is happening to a resolution that came from the grass roots, was vetted by the grass roots and was lobbied for by women for unanimous adoption by the Security Council. Cheers to the women of the Global Network of Women Peacebuilders for their careful, detailed work. GNWP is also making a unique contribution working at localization. It’s about time that some western based organization relied on local women to plan their own peacemaking program. Local women are planning their own strategies in peacebuilding and adapting UNSCR1325 to meet their needs.” - Cora Weiss (former President, International Peace Bureau, now its UN representative, President, Hague Appeal for Peace) A project of the Global Network of Women Peacebuilders Afghanistan, Colombia, Democratic Republic of Congo, Fiji, Liberia, Nepal, Netherlands, Philippines, Rwanda, Sierra Leone, South Sudan, Spain, Sri Lanka, Sweden, and Uganda 1 EUROPE

Spain

Researcher and author: Ana Sánchez Mera

Acknowledgements: Center of Defense Documentation (Centro de Documentación de Defensa) Kristian Herbolzheimer and Nerea Bilbatúa from Conciliation Resources, Maria Villellas and Manuela Mesa from CEIPAZ and the Global Network of Women Peacebuilders.

2 Women Count 2012 Civil Society Monitoring of UNSCR 1325 I. Women, peace and security profile Introduction 2011 was a difficult year for Spain. The global financial crisis The Spanish Ministry of Defense introduced many changes has had a devastating impact on the Spanish economy, which is in domestic policies over the last couple of years aimed at currently one of the most fragile European economies. increasing women’s participation in the Spanish defense forces. The most important one is the Law 39/2007, which High unemployment rates (up to 52 percent of unemployment incorporates a gender approach to the military career at all among youth), huge cuts in public services such as health or levels, from recruitment to promotions, trainings, etc. education and a loss of social rights led to a general feeling of unhappiness and dissatisfaction. This has created a favorable In 2011, the percentage of women in the army was 12 percent atmosphere for a popular uprising and led to the appearance (see more detailed information in the data analysis) and Spain of many social movements, such as the 15M or Real Democracy has participated in several Peacekeeping Operations: Now (Democracia Real Ya). ▶▶ ATLANTA, Horn of Africa: The aim of this mission is to The Spanish population took to the streets on May 15th 2011 protect and guarantee safe sea transport around the Horn and, like in other parts of the world, they crowded squares of Africa. and fought for a real democracy in Spain, reminding their ▶▶ EUTM Somalia: This mission aims to promote peace and politicians that, “We are not merchandise in politicians’ or development in Somalia. Spanish defense forces are bankers’ hands.” implementing a capacity building action plan in order to Since then, many other demonstrations and strikes have taken improve the capacities of the Somali security forces. place. Social tension keeps growing while the economy keeps ▶▶ UNIFIL, Lebanon: Spain works on the enforcement of the getting worse. While unemployment continues to increase, UNSCR 425/1978 and UNSCR 426/1978, helping the social, political, cultural and economic rights move backwards. Lebanese government to improve their control over the area and making sure the Israeli Defense Forces withdraw their After the great success of the 15M demonstration, people created troops from the south Lebanon area. Spain also works on different assemblies. One of them is the “Assembly of Feminisms” removing mines from the field, provides health assistance to which drafted a number of gender-sensitive demands to be the civilian population, facilitates Spanish language courses included in the popular requests of the movement.1 and promotes civilian-military cooperation. Another movement, the “Violet Tide” (Marea Violeta), was ▶▶ UNIMIK, Kosovo: The objectives of the mission are to created as well, aiming to protest against government cuts establish a civil administration in the area, to protect and towards gender issues. This a platform of various women guarantee Human Rights and improve financial activity and and feminist organizations claiming that all “the cuts applied reconstruction plans. to gender issues mean a violent aggression to the advances ▶▶ UNIFIED, Libya: Under the scope of the UNSCR 1970/2011 achieved by women in all these years of democracy.”2 and 1973/2011, Spain has contributed to this mission in Libya by carrying out embargo and no fly zone operations. 2011 was also the year that Euskadi Ta Askatasuna (ETA, the Basque Country terrorist group) announced the end of its ▶▶ ISAF, Afghanistan: The Spanish mission in Afghanistan armed fight, following two years without any violence. After follows the mandate of the UNSCR 1991/2011. Having having announced a ceasefire at the beginning of the year been present in the country since 2001, the Spanish on October 20th, 2011, the group announced the end of its forces deployed currently focus on improving the security violent resistance. Yet, the negotiations have yet to be finalized conditions of the area, providing humanitarian aid and due to concerns and disagreements on key issues such as the empowering Afghan defense forces. placement of the prisoners.3 ▶▶ EUSEC, DRC: This mission aims to help and provide technical assistance within the Security Sector Reform in the DRC. A. Nature of the conflict ▶▶ MONUSCO, DRC: Following the UNSCR 1991/2011, Spain Spain approved a National Action Plan (NAP) for the has contributed to the maintenance of peace in the country 4 implementation of the UNSCR1325 in 2007. The and supporting the government efforts in its peacekeeping implementation of the NAP involves various bodies and operations. ministries, such as the Ministry of Defense, Ministry of Education, Ministry of Foreign Affairs and Ministry of Health, The number of women deployed in the aforementioned Social Affairs and Equality. An inter-ministerial group was Peacekeeping Operations (PKO)s is still low (only six percent) created in order to monitor and evaluate the implementation and there are no women in high-level positions. of the NAP but this group is not operational anymore. 1 http://www.rebelion.org/noticia.php?id=128966 B. Impact of the conflict on women 2 http://www.movimientosdegenero.com/wp-content/uploads/ ManifiestoMareaVioleta.pdf Since there is no armed conflict in Spain, this section will 3 http://www.elpais.com/especial/eta/ instead focus on Spanish interventions in the field of 4 http://www.maec.es/es/MenuPpal/Asuntos/Polticasigualdaddegenero/ development and/or humanitarian aid programs in conflict or Documents/Plan%20Acci%C3%B3n%20Espa%C3%B1a%20Resoluci%C3%B3n%20 1325.pdf post-conflict situations.

3 All the measures taken in order to assess, evaluate and reduce II. Data presentation and analysis the impact of the conflict on women are considered in the Spanish Plan for Women and Security, which recognizes that “Women and men are affected differently by armed conflict A. Participation because of gender relations already built up in different The lines of action of the Plan for Women and Security are: societies.”5 The aim of the plan, framed within the NAP for the 1. Enhancing participation of women at all institutional levels implementation of UNSCR 1325, is to visualize and analyze the and in processes leading to peacebuilding (prevention specific experiences of women, acknowledging their role and of violent conflict, crisis management, humanitarian enhancing their experience in peacebuilding processes. operations, negotiations and decision-making in peace and post-conflict reconstruction); C. Relevant policies 2. Mainstreaming of the gender focus in the main current of NAP UNSCR 1325 2007 data collection and data systems of multilateral bodies, The NAP was drafted in collaboration with the following and in the implementation of their programs; bodies: Spanish Agency for International Cooperation for 3. Training for peacebuilding and peacekeeping, from a Development, as well as the Ministries of Defense, Foreign gender perspective; and Affairs, and the Cooperation, of Labour and Social Affairs (including the Women’s Institute), National Affairs, Justice, 4. Protecting women from violent situations, particularly in Education and Science, and the Ministry of Health and armed conflict and post-conflict situations. Consumer Affairs. Other related policies within the domestic framework are:

The specific focus areas of the NAP are: ▶▶ 1998 Parliament Act No. 23/1998 of 7 July, the International Development Cooperation Act 1. Strengthening women’s participation in decision-making in peace missions ▶▶ 2004 Parliament Organic Act No. 1/2004 of 28 December on Comprehensive Protective Measures against Gender 2. Promoting inclusion of a gender perspective in Violence peacebuilding ▶▶ 2008 Council of Ministers Spanish Cooperation Master Plan 3. Training peace operations personnel 2008-2012 4. Protecting the human rights of women and girls in (post) ▶▶ 2007 Parliament Organic Act No. 3/2007 of 22 March for conflict areas, and enabling women’s participation in the Effective Equality of Women and Men negotiation processes and implementation of peace agreements ▶▶ 2008 Directorate-General of Spanish Cooperation’s Sector Strategy for Gender in Development 5. Equal inclusion of men and women in DDR ▶▶ 2008 DGPOLDE, State Secretariat Spanish Co-operation’s 6. Fostering Spanish civil society participation in relation to Sector Peacebuilding Strategy UNSCR 1325 In order to follow up on the implementation of the NAP, Indicator 1 - Index of women’s participation in an inter-ministerial group was created. This group was also governance 2011 in charge of disseminating the activities carried out by Spain linked with the implementation of UNSCR 1325 and Spain is a parliamentarian monarchy in which the head of state is establishing coordination mechanisms with CSOs in order the monarch, King Juan Carlos II, and the head of the Government to exchange information and good practices. As mentioned is the Prime Minister, Mariano Rajoy elected in November 2011. before, the group is not currently operational. The government is formed by the Prime Minister (the official title is “President of the Government”), the deputy prime minister A critic from some CSOs to the first follow up report6 published (Vice President) and the Council of Ministers. in 2010 was that the document was too descriptive, and that it did not analyze its achievements and failures in depth.7 Spain, despite being a multi-party system, has 2 main parties, which have been alternating in power since 1982, namely the The objectives of the NAP for the implementation of UNSCR Spanish Socialist Worker’s Party (PSOE) and the People’s Party 1325 are incorporated in the Spanish Plan for Women and (PP). In November 2011, the anticipated general elections Security8, which frames Spanish interventions in international took place. The PSOE, ruling since 2004 in two consecutive development or humanitarian aid in the field of women and legislatures, gave way to the PP, which won the elections with security. an overwhelming majority. The new set up of the Spanish government shows a decrease 5 Women and Peacebuilding in the Spanish Co-operation. in women’s participation. During the first PSOE legislature a 6 I Informe de seguimiento: Plan de Acción del Gobierno de España para la lot of efforts and resources were allocated for women’s and aplicación de la Resolución 1325 del Consejo de Seguridad de Naciones Unidas (2000) sobre Mujeres, Paz y Seguridad. gender issues. For example, a Ministry of Equality was created. 7 Evaluación del Plan Estratégico de Igualdad de Oportunidades entre Mujeres y However, as soon as the financial crisis began, the first victims Hombres 2008 y 2011 y Propuestas para el futuro Plan were, once again, women. 8 Women and Peacebuilding in the Spanish Co-operation.

4 Women Count 2012 Civil Society Monitoring of UNSCR 1325 Figure 1.1 shows the composition of the national government in 2011, before and after the general elections.

POSITION PSOE ( Jan-Nov 2011) PP (from Nov.2011)

President of the Government Jose Luis Rodriguez Zapatero Mariano Rajoy

Vice-president of the Government Alfredo Perez Rubalcaba Soraya Saez de Santamaría

Vice-president for financial affairs Elena Salgado N/A

Third vice-president of the government Manuel Chavez N/A

Spokesperson José Blanco Soraya Saez de Santamaría

Foreign Affairs and Development Trinidad Jimenez José Manuel García-Margallo y Marfil

Justice Francisco Caamaño Domínguez Alberto Ruiz-Gallardón y Jiménez

Defense Carme Chacón Piqueras Pedro Morenés y Álvarez de Eulate

Economy and Treasury Elena Salgado Cristóbal R. Montoro Romero

Interior Antonio Camacho Jorge Fernández Díaz

Public Work Jose Blanco Ana Mª Pastor Julián

Education Ángel Gavilondo José Ignacio Wert Ortega

Work and Inmigration Valeriano Gómez Sánchez Mª Fátima Báñez García

Industry, Tourism and Trade Miguel Sebastián Gascón José Manuel Soria López

Environment Rosa Aguilar Rivero Miguel Arias Cañete

Presidency Ramón Jáuregui Atondo Soraya Saez de Santamaría

Territorial policies Manuel Chaves González N/A

Cultural affairs Ángeles González-Sinde Reig N/A

Health and Social affairs Leire Pajín Iraola Ana Mato Adrover

Science and innovation Cristina Garmendia Mendizábal N/A

Economy and competitiveness N/A Luis de Guindos Jurado

TOTAL WOMEN 7 4

TOTAL MEN 9 10

% of Women in National Government 43% 28%

Women’s participation in the National Government has Figure 1.2 - Index of women's participation in governance 2011 decreased by almost 50 percent (from 43 percent to 28 Number of Number % Women percent), although this difference is less pronounced at women of men regional and local levels. Women in senior positions in cabinet/ 89 204 30.37 Despite the important changes in government in 2011, the ministries and departments available data for this report will reflect the period before PP Ministries 7 8 46.67 came to power. PP has not been in power long enough to Secretaries of State 7 24 22.58 conduct a thorough analysis. Sub secretaries of State 14 36 28.00 One of the main priorities for the PSOE government was parity General Directors 61 136 30.96 and equality between men and women. The 30 percent quota Women in Parliament 2011-2015 126 224 36.00 was normally guaranteed in all public bodies and institutions. In this last legislature 50 percent was almost achieved, with a Women in Parliament 2008-2011 127 223 36.29 level 43.63 percent of women’s participation. Special mention Total women in national government 215 428 33.44 should be given to Carme Chacón, the first woman to be Women in senior positions in local 1355 6723 16.77 Minister of Defense in Spanish history. Relevant positions, such structures: as Minister of Economy and Treasury and Minister of Foreign Source: Instituto de la Mujer Affairs were also held by women in this administration.

5 In general terms, and despite the slight decrease The closure of the Ministry of Equality and its subsequent inclusion within the Ministry of Health and Social Affairs shows of women’s representation in the last and current that women’s issues are still perceived as something that affects national government, women are well represented on only women, and not as a holistic and comprehensive matter the Spanish political arena. Still, traditional roles are that needs to be mainstreamed through all policy levels. being allocated to women. The percentage of women Indicator 2 - Percent of women in peace negotiating involved in social and cultural affairs is much higher teams and detailed breakdown of gender issues than the percentage of those involved in economy, addressed in peace agreements industry or internal affairs. Promoting peace agreements and dialogued conflict resolution has not been, nor is it now a priority for Spanish foreign policy. However, it is important to highlight the developments in 2011 Figure 1.3 concerning the resolution of the Basque Country conflict. In October 2011, ETA announced a permanent ceasefire. There haven’t been official peace negotiations between the group and the Spanish government, but ETA did have contacts with international peace mediators. The main international negotiating team is the “International Contact Group”9 The body was funded on 2010, promoted by Brian Currim, a South African lawyer who had been searching for many years for a negotiated and democratic solution to the conflict. He was as well one of the promoters of the “Brussels Declaration,” 10 a statement signed by 21 international leaders in peace processes and conflict resolution, including several Nobel Prize winners.

The mandate11 of the group includes: Figure 1.4 ▶▶ To promote facilitate and enable the legalization of Abertzale Left (Leftist Basque National Party); ▶▶ To encourage confidence building measures such as: overcoming special measures of restrictions on political activity and adapting the penitentiary policy to the new transformed political situation; ▶▶ To encourage and assist the parties, for as long as required, with the preparation and development of an agenda for political dialogue ▶▶ To encourage, facilitate and enable, for as long as required by the parties, all-inclusive multi-party talks Source: Instituto de la Mujer and negotiations without conditions and with no pre- Women’s participation in lower structures of government was determined outcome, which would be subject to the also significant, but surprisingly, not as high as at the national Mitchell Principles. The objective of the multi-party talks level. 22 percent of women held positions as Secretaries of the and negotiations would be the achievement of an all- State and another 28 percent as Sub-Secretaries. 30 percent inclusive agreement to overcome the political conflict; were General Directors of Several Public Institutions and they ▶▶ To mediate, if called upon by the parties, in the event of a represented 36 percent of the Members of the Parliament deadlock; (MP). In national governmental structures, there are a total of 215 women, representing 33.4 percent out of the total. ▶▶ To generally build confidence in the minds of the public that a successful peace process is indeed possible. Interestingly, the percentage of women in senior positions The group is formed by six international mediators including in local structures is rather low: only 16.77 percent of these two women: Ms. Sylvia Casale12 and Baroness Nuala O’ Loan.13 positions are held by women. Baroness Nuala O’Loan is also Ireland’s Roving Ambassador for In general terms, and despite the slight decrease of women’s Conflict Resolution and a Special Envoy for UNSCR 1325, representation in the last and current national government, Women, Peace and Security. women are well represented on the Spanish political arena. 9 http://icgbasque.org/ Still, traditional roles are being allocated to women. The 10 http://icgbasque.org/documents/brussels-declaration/ 11 http://icgbasque.org/mandate/ percentage of women involved in social and cultural affairs 12 http://icgbasque.org/members/silvia-casale/ is much higher than the percentage of those involved in 13 http://icgbasque.org/members/nuala-oloan/ economy, industry or internal affairs.

6 Women Count 2012 Civil Society Monitoring of UNSCR 1325 Indicator 3 - Index of women’s participation in Figure 3.3 justice, security sector and peacekeeping missions 2011 The judicial system in Spain is formed by Courts and Tribunals and the staff members are Judges and Magistrates (these group have a higher rank and longer experience, being a Magistrate is a condition for being part of the Supreme Court). Access to the Judiciary System was banned for women until 1966. Women would have to wait another 11 years to have representation in this field. Josefina Triguero became the first woman judge in the history of Spain in 1977. It wasn’t until 1982 that women could practice at the highest levels. On February 10, 1982, Catalina Escuín became the first woman magistrate, and in 2009 Clara Martinez was appointed as a Source: Instituto de la Mujer magistrate in the Military Court of the Supreme Court (Sala de lo Militar del Tribunal Supremo). The number of women in Yet there is still a huge male majority: women only represent 17 the judiciary system has been gradually increasing. There are percent of the Spanish troops, and only six percent of officer currently more women judges than men at the national courts positions. (378 women versus 189 men). Figure 3.1 Figure 3.4 - Index of women’s participation in justice, security sector and peacekeeping missions 2011 Number of Number % of women women of men Number of Number % of women Women in Judiciary 2485 2568 49.18% women of men National level (judge) 378 189 66.67% Women in Military (all levels) 1,426 12,797 10.03 National level (magistrate) 2097 2308 47.60% Officer positions 237 3,409 6.5 Supreme Court 10 71 12.35% Lieutenant Colonel 5 Major 232 Source: Instituto de la Mujer Lower positions 1,189 9,388 11.24 But the number and percent of women greatly decrease at Non-commissioned the highest level, the Supreme Court. The number of women Officer positions 115 4144 2.70 magistrates constitutes 47.6 percent, a healthy proportion, but only 12 percent of the magistrates in the Supreme Court are Second lieutenant 1 women. Warrant officer 5 Sergeant 109 Figure 3.2 Troops 1,074 5,244 17 Corporal 4 Petty officer 1,070

Only six percent of the deployed forces are women and none of them have a high position. This might be due to the recent incorporation of women to the army. The Spanish security sector was an only-male environment until 1988. Also, despite having allowed women to join the army, their needs were not taken into consideration, and it was socially frowned upon.

The study, Military Women in Spain, 1998-200814 analyzes the role of women in the Spanish army over the last ten years. Much has been achieved in terms of women’s participation in The document points that the lack of women participation in the Justice system in Spain, yet Spanish women still have a long the army is linked to several prejudices related to tradition, way to go physical capacities, biological and physiological reasons and tactical reasons. Regarding the role of women in the army, it was only 24 years ago, in 1988 that women were allowed to join the army in 14 Las mujeres militares es España (1998-2008) Instituto Universitario General Spain for the very first time. Since then, the number of women Gutiérrez Mellado, UNED 2009 continues to increase along with their ranks and responsibilities.

7 Only two women have ever been the head of these two Figure 3.5 bodies: from 1999-2002 Esperanza Aguirre (PP) was the Number of Number % of women President of the Senate, and from 2000 to 2004 Luisa Fernanda women of men Rudi Úbeda was the President of the Congress.16 Women in Peacekeeping (DPKO data only) 67 1,035 6.08 Figure 4.1 Military experts 0 2 0 Troops 61 1,008 5.71 Individual police 6 25 19.35 Formed police units N/A N/A N/A Troops N/A N/A N/A Country missions where peacekeepers are deployed MINUSTAH (Haiti) 3 18 14.29 MONUSCO (DRC) 0 1 0 UNFIL (Lebanon) 61 1,008 5.71 UNMIK (Kosovo) 0 1 0 UNMIT (Timor Leste)i 3 7 30 There is another reform that has been suggested a few times TOTAL 67 1,035 6.08 by leftist parties, such as United Left (IU), but never attempted: the abolition of male prevalence over women in line to the Source: www.un.org Contributors to United Nations peacekeeping operations. Monthly report December 2011. throne. This entails a change of the Title II of the Constitution, meaning, a major change and thus, very complex. The Congress Indicator 4 - Number and percent of women and the Senate would need to be dissolved and a referendum participating in constitutional or legislative review called. The concern is that people might understand this as a referendum on the monarchy itself, so this is an extremely (including security sector review) sensitive matter. The Spanish Constitution was enacted after the 1978 referendum, held one year after the Constitutional Courts were Indicator 5 - CSOs in tasks forces/committees on formed and three years after the death of Franco, the dictator UNSCR 1325 and 1820 (out of total task force who ruled Spain from 1939 to 1975. Articles 166 - 169 of the members) Constitution determine how to incorporate constitutional The institutional body responsible for monitoring the Spanish changes. There are two different procedures, both of them NAP was the inter-ministerial group, which, as mentioned in very strict. The first one, known as the ordinary procedure, previous paragraphs, is not currently operational. applies to less relevant amendments, while the second applies to the more complex situations and has never been used. Beside the group, there are many Spanish NGOs working on WPS, such as Mujeres en Zona de Conflicto, WILP, Since 1978, the Constitution has been modified twice. The first Women in Black, ACSUR or NOVA CIS. Also, there are few time in 1992, Article 13.2, Title I, was reformed to extend to research centers working on the topic: CEIPAZ, Seminario de citizens of the European Union the right to active and passive Investigacion para la Paz de Zaragoza or Escola Cultura de Pau suffrage (both voting rights and eligibility as candidates) are some examples. in local elections. The second time, in August/September 2011, Article 135 was reformed to introduce a balanced- B. Protection and Prevention budget amendment and debt brake. Indicator 6 - SGBV cases independent of conflict 2011 Legislative reviews have to go through a similar process, although Preventing and responding to Gender Based Violence (GBV) instead of needing a 3/5 of support from both houses, the was one of the priorities of the socialist government. In proposal only needs to be approved by an absolute majority 2004, the Organic act 1/2004 of 28 December on Integrated in the Congress. (Article 81.2, Spanish Constitution) During Protection Measures Against Gender Violence was approved 2011, 12 fundamental laws were passed in Spain, none of them and substantial resources were allocated. Unfortunately, the relevant to Women, Peace and Security issues.15 budget allocated for the Office of the Government Delegate At the moment, 36 percent of the members of Congress are for GBV has been reduced by 21 percent in 2012, and the women, and only 28 percent are represented in the Senate. budget for advocacy campaigns was reduced by 71 percent. i Following the data of the Ministry of Defense, Spain does not officially The purpose of the act is to combat violence against women participate in this PKO, but, the UN report shows that there are Spanish soldiers deployed in there. It’s possible that these soldiers joined the UN PKO force on their (VAW), physical and psychological, including offences against own. sexual liberty, coercion and arbitrary deprivation of liberty, 15 http://www.congreso.es/portal/page/portal/Congreso/Congreso/Iniciativas/ through the establishment of integrated protection measures LeyesAprob?_piref73_1335447_73_1335446_1335446.next_page=/wc/ busquedasLeyesAprobadas&anoLey=2011&selectLey=tituloListadoTodasLeyes 16 For more information, see www.senado.es and www.congreso.es

8 Women Count 2012 Civil Society Monitoring of UNSCR 1325 in order to prevent, punish and eradicate violence and lend Against moral To inflict a degrading treatment on another 2,985 assistance to victims.17 integrity person, seriously damaging her moral integrity The Ministry of Health, Social Affairs and Equality created a (Under the Title Torture and other felonies hotline in 2007 which offers permanent legal and psychological against moral integrity.) counseling in 51 languages, provides information about resources and in coordination with the emergency health Breach of To breach a conviction, security measure, 2,183 services, they have a shared referral system to ensure a quick sentenceii imprisonment, precautionary measure, and proper response. driving ban or custody.

During 2011 many advocacy campaigns were launched: Against family To breach the duties of custody and to 992 rights and induce minors to abandon their home. “Hooked on you,”18 aimed to prevent VAW among young duties couples, “Your voice counts,” 19 funded by the Spanish To abduct children. Cooperation Agency (AECID) and implemented by a group of To abandon the family, minors or Spanish NGOs20 and a very special one focused on prevention incapacitated. of VAW for Deaf Women.21 Against sexual • Sexual assault: to offend against the sexual 859 Domestic violence is still a major concern within Spanish freedom freedom of another person, using violence society, despite all these efforts, 61 women were killed in or intimidation. 2011 by their partners/ex partners’ hands, following data from • Rape: When the sexual assault consists of vaginal, anal or oral penetration, or the National Institute of Statistics. Out of these, only 15 (24 inserting body parts or objects into either percent) of victims had reported their situation beforehand of the former two orifices. 22 and only eight (13 percent) had taken protection measures. • Sexual abuse: To perpetrate acts against the sexual freedom or indemnity of Figure 6.1 another person, without violence or intimidation and without there being SGBV Cases independent of conflict 2011 consent. • Sexual abuse and assault on children under Type of Definition of the offense Reported the age of thirteen years offense Cases • Sexual harassment: To solicit favors of a Injuries Art. To use physical or mental violence against 86,856 sexual nature, for himself or for a third 173 CP the person who is or has been his spouse or party, within the setting of a continuous the person who is or has been bound to him or usual work relation, teaching or by a similar emotional relation, even without service provision relation, and by such cohabitation conduct causes the victim a situation that is objective and seriously intimidating, (Under the Title Torture and other felonies hostile or humiliating. against moral integrity.) • Exhibitionism and sexual provocation: To Injuries Art. To cause another mental damage or an injury 18,297 perpetrate or has another perpetrate acts 153 CP not defined as a felony in this Code, or to hit of obscene exhibitionism before minors or or abuse another by action, without causing the incapacitated. such person an injury, when the victim is or • Prostitution and corruption of minors. has been his wife, or a woman with whom he has been bound by a similar emotional Homicide 95 relation. (Under the Title bodily harm) Forced To perpetrate an abortion on a woman 4 Abortion without her consent or to perpetrate an Against Illegal detention or kidnapping 12,745 abortion having obtained the consent by freedom the woman through violence, intimidation or deceit. Injuries Art. 148 Bodily harm felonies 5,542 and following Injuries to the To cause a fetus an injury or disease that 3 foetus seriously damages the normal development Breach of To breach a conviction, security measure, 4,311 thereof or causes such fetus a serious physical security imprisonment, precautionary measure, or mental handicap. measures driving ban or custody. Others 6,556 17 Organic act 1/2004 of 28 December on integrated protection measures against Gender violence 18 Ministry of Health, Social Policy and Equality. Office of the Secretary of State Total 141,428 for Equality. Office of the Government Delegate for Gender-based Violence 19 http://www.porquetuvozcuenta.com/ 20 List of NGOs: ACSUR-Las Segovias, AIETI, ICID, IEPALA, PBI-Brigadas Internacionales de Paz, Plataforma 2015 y más, Red Activas, Solidaridad Internacional , Secretaría de Estado de Cooperación Internacional - SECI - Agencia Española de Cooperación Internacional para el Desarrollo AECID (Ministerio de Asuntos Exteriores y de Cooperación) and UN Women 21 http://www.cnse.es/comunicacion/pdf/Guia_profesionales_violencia_mujeres_ ii The difference between security measure and sentence is the aim of the sordas.pdf measure, the former is applied in order to prevent a possible offense and the latter is 22 Source: INE 2012 (National Institute of Stadistics) applied in order to punish an already committed one. 9 The table below shows the cases filed in the Tribunals of Indicator 7- Number and quality of gender Violence Against Women, classified by the type of offense responsive laws and policies following the categorization of the General Council of the Since the ratification of the CEDAW in 1984, Spain has drafted Judiciary Power on its yearly report. 23 several laws and policies that provide a normative reference on gender equality and women’s empowerment. Figure 6.2 Spain has legitimacy to judge certain cases within the principles of international justice. The court judging the case of the genocide in Guatemala ( Juzgado Central de Instruccion núm. 1) has added charges of GBV to the current investigations on the crimes of genocide, terrorism and torture, perpetrated in Guatemala during its internal conflict between 1960 and 1996.24 This action was promoted by the organizations Women’s Link Worldwide and The Center for Justice & Accountability.25 Also, regarding implementation of Spanish policies at the international arena, it is worth mentioning the Master Development Plan 2008-2012, umbrella and policy refer to all the programs funded by the Spanish Cooperation and Development Agency, AECID. The Master Plan includes The number of cases filed in the courts in 2011, following this a specific strategy for women and peacebuilding (more report, is 134,002, slightly lower than in 2009 (135,540). The information about this strategy will be provided in the analysis majority of the cases (62.46 percent) were denounced through of Indicator 11). police reports and denounced by the victim. Surprisingly, only 0.34 percent of the cases were reported by relatives of the Indicator 8 N/A victims, which indicates that this is still an invisible drama that Indicator 9 N/A many women deal with silence.

Figure 6.3 C. Promotion of a gender perspective Indicator 10 - Number and percentage of pre- deployment training and post-deployment programs for military and police incorporating UNSCR 132, 1820, international human rights instruments and international humanitarian law One of the objectives of the Spanish NAP is to ensure specific training for personnel deployed on PKO on gender equality and on different aspects of the UNSCR 1325. However, there were no specific mentions of any trainings of this nature within the military curricula.26 The Spanish Armed Forces do offer courses on a voluntary basis on how to incorporate gender in military operations. In 2012, in collaboration with the European Security and Defense College (ESDC), the training “A comprehensive approach to gender in operations” was held in the Centre for Higher Defense Studies, CESEDEN, in Madrid.27

23 http://www.observatorioviolencia.org/informes.php?id=10 24 Report 2012 Amnesty International, Spain. 25 http://periodismohumano.com/mujer/mujer-violencia-y-silencio-en-guatemala. html 26 Real Decreto 35/2010, de 15 de enero, por el que se aprueba el Reglamento de ingreso y promoción y de ordenación de la enseñanza de formación en las Fuerzas Armadas. Resolución 600/01683/2011, de 19 de enero del Almirante Jefe de Estado Mayor de la Armada que modifica la Resolución 600/17427/2010, de 3 de noviembre, por la que se aprueban los Planes de Estudios de las especialidades fundamentales de Marinería y Tropa de Infantería de Marina correspondientes a la Enseñanza Militar de Formación. LEY 39/2007, de 19 de noviembre, de la carrera militar. Orden DEF/1486/2012, de 4 de julio, por la que se modifica la Orden DEF/1158/2010, de 3 de mayo, sobre directrices generales de los planes de estudios de la formación militar general, específica y técnica para el acceso a las diferentes escalas de oficiales. http://www.defensa.gob.es/ceseden/en/ 27 http://www.defensa.gob.es/areasTematicas/observatorio/actuaciones/ seminarios_cursos/GenderOpsCourse/

10 Women Count 2012 Civil Society Monitoring of UNSCR 1325 Figure 7.1 - Number and Quality of Gender Responsive Laws and Policies

Law, name and year Purpose National laws and policies

Spanish Constitution (Sections 9 and 14) Establish that men and women are equal under the Spanish law

Royal Decree 1686/2000, October 6th, for the creation of the Observatory of To study the situation of women on different fields, including legal, educational, Equal Opportunities between men and women. cultural and health systems. To gather this information into a database to track, follow and assess the Observatory objectives.

Organic Act 1/2004 of 28 December on Integrated Protection Measures To combat violence against women (VAW), physical and psychological, including against Gender Violence. offences against sexual liberty, coercion and arbitrary deprivation of liberty, through the establishment of integrated protection measures in order to prevent, punish and eradicate violence and lend assistance to victims.

Constitutional Act 3/2007 of 22 March for effective equality between women and To ensure equal treatment and opportunities for men and women. men

Royal Decree 1174/2007, September 10th, for establishing new regulations for the To regulate the ruling mechanisms of the Institute Women Institute

Organic Law 2/2010, March 3rd, of sexual and reproductive health and voluntary To guarantee fundamental sexual and reproductive health rights, regulate termination of pregnancy. conditions for voluntary termination of pregnancy, and set out related obligations for the competent authorities.

Organic Act No. 10/2011, of 27 July 2011 To guarantee that no criminal proceedings relating to foreign nationals’ irregular situation may be initiated at the time of their identification as possible victims of trafficking or during the subsequent reflection period. Prevent secondary victimization.

European Laws and Policies

Directive 2011/36/EU, on preventing and combating trafficking in human beings Establishes minimum rules concerning the definition of criminal offences and and protecting its victims sanctions in the area of trafficking in human beings. It also introduces common provisions, taking into account the gender perspective, to strengthen the prevention of this crime and the protection of victims. The aim of this new modification is to prevent secondary victimization. Currently, Spain is developing a protocol to ensure that victims are properly identified and that they have access to the specialist support services.

International laws and policies

CEDAW, ratified in Spain on 1984. To end any kind of discrimination against women.

Spanish NAP UNSCR1325 To establish aims and guidelines for the implementation of the UNSCR 1325 in Spain and mainstreaming it into Spanish policies

Spanish Cooperation Strategy for Gender in Development To establish the principles of the Spanish Cooperation in Gender and Development in order to ensure that gender is mainstreamed in all the development initiatives

Spanish Cooperation Action Plan for Women in Peacebuilding To set the priorities and provide guidelines for Spanish initiatives within the women, peace and security sector.

11 Indicator 11b - Allocated and disbursed funding marked for women, peace and security projects and programs from government The Spanish Master Development Plan includes a strategy directly linked to the implementation of UNSCR 1325. The that frames the Spanish interventions in the field of Women, remaining 23 percent was allocated for government-to- Peace and Security – Action Plan Women and Peacebuilding government cooperation. (See figures 11a.1 and 11b1). in Spanish Co-operation. The objective of this plan is to promote gender equality and foment women’s participation The Spanish Cooperation Agency has suffered in the last year and empowerment in Spanish Development Co-operation’s from severe budget cuts, generating a great concern among Peacebuilding activities. Spanish NGOs and CSOs. The financial crisis has had a huge impact on the delivery of international aid and on the budget The first follow up report of the Spanish NAP was presented in allocated to development. In less than one year the budget 2009 by the inter-ministerial group in charge of its monitoring was cut over 70 percent, obliging many Spanish NGOs to stop and evaluation. 28 Beside this framework, the legal instruments their work in developing countries due to lack of funding. In which frame Spanish interventions are: July 2012, the Catalonian Development Agency announced as well the suspension of payments to programs that were already Following the Plan, at least six percent of the budget allocated approved and in the process of implementation. Many Spanish to peacebuilding must be applied to the implementation of social activists took part in a sit-in on the Agency premises UNSCR 1325. €1,915,622,958.00 were allocated in 2011 for to denounce and complain about the lack of commitment development and cooperation in Spain, canalized through towards the principles of solidarity and social justice. various donor institutions.

28 percent of the total budget was allocated for peacebuilding interventions incorporating UNSCR1325 or with a specific focus on gender and/or women.29 Only five percent of this amount was distributed to CSOs and only one project was

Figure 11b.1

Year Body Act/Plan

1998 Parliament Act No. 23/1998 of 7 July, the International Development Co-operation Act

2004 Parliament Organic Act No. 1/2004 of 28 December on Comprehensive Protective Measures against Gender Violence.

2005 Council of Ministers Spanish Co-operation Master Plan 2005-2008, 28 January.

2007 Parliament Organic Act No. 3/2007 of 22 March for the Effective Equality of Women and Men.

2007 Council of Ministers Spanish Government Action Plan for the Application of United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security

2008 Directorate-General of Spanish Co-operation’s Spanish Co-operation’s Sector Strategy for Gender in Development Sector Strategy for Gender in Development Development Policy Planning and Evaluation (DGPOLDE)

2008 DGPOLDE Spanish Co-operation’s Sector Peacebuilding Strategy

2008 DGPOLDE Action Plan: Spanish Development Co-operation, Women and Peacebuilding

Source: Action Plan Women and peacebuilding in Spanish Co-operation.

28 http://www.maec.es/es/MenuPpal/Asuntos/Polticasigualdaddegenero/ ocuments/I%20Informe%20de%20seguimiento%20PA%20Res%201325.pdf 29 http://www.maec.es/es/MenuPpal/CooperacionInternacional/EstadisticasAOD/ Paginas/estadisticas_ayudaoficialdesarrollo.aspx

12 Women Count 2012 Civil Society Monitoring of UNSCR 1325 Figure 11b.2 – Allocated and Disbursed Funding from AECID Marked for Women, Peace and Security Projects and Programs to CSOsiii

CSO CSO (Local Title of the intervention Purpose Amount % of total CSO partner) received for budget dedicated WPS to WPS Abenin Ben Benposta Nación de Special protection network – Colombia The safety net is an initiative coordinated by two civil €79,901.00 0.42 por la Infancia. Muchachos warranties and opportunities for society organizations in Colombia (Benposta and children affected by armed conflict. Justapaz) that aims to contribute to the protection of life and freedoms of children and youth at risk of recruitment

CONEMUND Women’s Affairs Improving the participation of This project aims to increase the participation of €239,328.00 1.25 Technical Committee Palestinian women in the processes of Palestinian women in the process of building peace in ( WATC) peace building through the promotion their country by carrying out tasks of training, awareness of UNSCR 1325. and advocacy with civil society and local authorities

Solidaritat UB Consejo Regional Creation of Integrated Training Center at This proposal aims to contribute to social inclusion of the Indígena del Cauca the economic, social and cultural benefit population of the Reservation at La Maria, especially of €76,322.00 0.40 to the youth of the indigenous reserve of indigenous young people, as they are more likely to be La Maria, Cauca. involved in full in the Colombian conflict.

Manos Unidas Zamboanga and Culture of Peace, peaceful conflict This project was developed in Zamboanga City in the €242,452.00 1.27 Basilian integrated resolution and governance in Island of Basilan in the region of Mindanao. Right holders development Zamboanga City and Basilan Province, are from multi-ethnic communities where the main alliance - Zabida Philippines problem is violence caused for religious, economic and social reasons

NOVA CIS Comite Coordinación Strengthening the Palestinian Civil This project focuses on strengthening intervention de los Comités Society that is committed to defending processes of peacebuilding in the Occupied Palestinian €187,100.00 0.98 Populares de human rights and nonviolent resolution Territory to strengthen the impact and effectiveness of civil Palestina of conflicts society committed to a nonviolent resolution of conflicts.

NOVA CIS Nonviolent Peace Strengthening of human capacities for The Lord's Resistance Army (LRA) is a state armed group Force Sudan. early warning systems in vulnerable operating in Western Equatorial State (WES) in southern €130,104.00 0.68 communities in Southern Sudan Sudan. The LRA frequently attacked villages maintaining a low-intensity conflict with the potential to generate a crisis. Total €955,207.00 4.99

iii The criteria used for the selection of projects included in the table follows the classification of the Spanish Cooperation Agency. All of them are classified as Peacebuilding programs with an important gender component.

13 Figure 11b.3 – Allocated and Disbursed Funding Marked for Women, Peace and Security Projects and Programs from AECIDiv

Type of Local partner Title of the intervention Purpose Total amount % of Total AECID funding Funding

Direct funding Fundación Centro Public policy support for peacebuilding. The project aims to monitor the programs and peacebuilding Internacional de Toledo Phase I initiatives in the broadest sense, including those designed in por la Paz Colombia the context of post-conflict, transitional justice and looming €400,000.00 2.09 negotiations with armed groups, as well as strategies to prevent and confront violence and human rights violations taking place in the context of conflict.

Direct funding Unidad Administrativa Support for the consolidation of the This project is designed to respond to a political and social Especial de Atención y rights of victims under the Victims Law context significantly different from a few years ago, driven Reparación Integral a las and Land Restitution. Phase I by the inclusion in the national political agenda as a priority, €500,000.00 2.61 Víctimas en Colombia ensuring the rights of victims of conflict, was taken to a first order of importance by the current government.

Direct funding Alcaldía de Medellín. Apoyo al Museo Casa de la Memoria de The House of Memories Museum proposes the Secretaría de Gobierno Medellón. Fase II implementation of activities and actions to continue the €300,000.00 1.57 generation of a meeting, education and recognition of the historical conflict condition of the city and the imminent need to search for truth, justice, reparations and guarantees of no repetition of the violence.

Direct funding Centro Internacional Actions of peacebuilding in Latin Contribute to peacebuilding in situations of tension, conflict or de Toledo para la Paz America and the Caribbean through the post-conflict in Latin America, to ensure respect and protection €200,000.00 1.04 (CITIPAX) CITIPAX. of human rights, including socio-economic development to achieve the Millennium Development Goals.

OAS Peace process in Colombia (MAPP/OEA) Peace Process in Colombia - Strengthening the Mission to €3,000,000.00 15.66 (Organization of Support the Peace Process in Colombia MAPP / OAS American States)

Total €4,400,000.00 22.97

Total Funding to governments and CSOs €5,355,207.00 27.96

III. Conclusion and recommendations

The Spanish NAP for the implementation of the UNSCR1325 lack of participation of these organizations on drafting the lacks monitoring and evaluation mechanisms. Although the follow up reports. They are only consulted after the document Spanish NAP includes six clear and coherent objectives as is approved by the inter-ministerial group and, since reporting well as combines them with other domestic and international mechanisms are not clear, it is not sure whether their feedback policies, the lack of indicators makes it difficult to assess the will be taken into consideration or not. Also, the composition impact of its implementation, track good practices and identify of the inter-ministerial group in charge of following up the NAP gaps that could lead to failures. Furthermore, there is no is not public, only the list of Ministries involved is mentioned timeline for the achievements of the objectives, duty bearers but neither the profile of its members or their background is are not clear and the methodology used to implement the mentioned anywhere throughout the report. With all of these strategy is not defined. In other words, we know what we want, limitations it is hard to write a more comprehensive analysis but not how to get it or when it will be implemented. The and to establish comparative processes with other NAPs from recommendations written below were also mentioned in the other countries. Even more important, without a good set of first Monitoring report of the UNSCR 1325 NAP of Spain,30 indicators, it is nearly impossible to assess the impact of the published in 2009. At the time of drafting this report (August implementation of the NAP. 2012) these recommendations have not been implemented yet. Another critique made by several CSOs and NGOs is the 30 I Informe de seguimiento del Plan de Accion del Gobierno de Espana iv The criteria used for the selection of projects included in the table follows para la aplicación de la Resolucion 1325 del Consejo de Seguridad de Naciones the classification of the Spanish Cooperation Agency. All of them are classified as Unidas (2000) sobre Mujeres, Paz y Seguridad. Peacebuilding programs with an important gender component.

14 Women Count 2012 Civil Society Monitoring of UNSCR 1325 Conclusions and recommendations

To the ministry of defense: To the ministry of health, social services and equality: ▶▶ UNSCR 1325 and International Humanitarian Law should ▶▶ Equality should not be within this Ministry; it should be be integrated in trainings at all levels. These trainings should mainstreamed from the Ministry of Presidency. be mandatory and evaluations should be provided. ▶▶ More resources for advocacy should be allocated and more ▶▶ Gender should be mainstreamed at all levels, there is more prevention campaigns on SGBV should be implemented. to promoting women’s participation than only increasing the number of women in the army. To the Spanish Agency for International Development and Cooperation (AECID): ▶▶ Civil and military cooperation on PKO in the field should be improved. ▶▶ Agreements and commitments acquired should be respected. Cancelling the payment of approved and To the ministry of foreign affairs: ongoing interventions is unsupportive and irresponsible. ▶▶ Data regarding PKO or peace agreements and mediating ▶▶ More coordination among the projects and programs teams should be available to the public and include who is implemented in the field is needed. participating, what is their background, number of women, ▶▶ The amount allocated for CSOs for WPS projects should be etc. incremented. ▶▶ Gender should be mainstreamed in diplomatic actions and ▶▶ Better monitoring mechanisms should be developed. trainings on WPS and UNSCR 1325 should be incorporated to the Diplomatic School curricula. To the UNSCR 1325 Inter-ministerial working group: ▶▶ Spanish diplomacy should allocate more resources for ▶▶ A monitoring mechanism for the Spanish NAP is needed. peacebuilding. ▶▶ The working group should become operational again. To the ministry of interior: ▶▶ A set of indicators, quantitative and qualitative, should be ▶▶ Data about women participation in the police should be developed. provided. ▶▶ CSOs should be part of the working group and taken into ▶▶ More information about peace negotiations with ETA consideration for the planning, monitoring and evaluation should be provided, specifically who is involved, the of the NAP. number of women, background of the mediators, etc. To Civil Society Organizations: ▶▶ Data provided on SGBV should be broader, not only ▶▶ More coordination is needed in order to avoid duplicities. focused on domestic violence. ▶▶ The use and promotion of existent networks working on ▶▶ More resources for psychological treatment for men gender, women’s rights and WPS should be empowered. convicted of SGBV should be allocated.

15 “All peace and security advocates – both individually and as part of organizational work - should read the 2012 civil society monitoring report on Resolution 1325! It guides us to where we should focus our energies and resources to ensure women’s equal participation in all peace processes and at all decision- making levels, thereby achieving sustainable peace.” -Ambassador Anwarul K. Chowdhury, Former Under- Secretary-General and High Representative of the United Nations