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MODULE 5: Programming at the Country Level PUBLISHED BY A Practitioner’s Toolkit on Women’s Access to Justice Programming MODULE 5: Programming at the Country Level PUBLISHED BY: The United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) 220 East 42nd St, New York, NY 10017, USA and The United Nations Development Programme (UNDP), One United Nations Plaza, New York NY 10017, USA and The United Nations Office on Drugs and Crime (UNODC), Vienna International Centre, Wagramer Strasse 5, A 1400 Vienna, Austria and The Office of the United Nations High Commissioner for Human Rights (OHCHR), Palais Wilson, 52 rue des Paquis, CH-1201 Geneva, Switzerland UN Women: ISBN-13: 978-1-63214-116-3 OHCHR: HR/PUB/18/2 © 2018 United Nations The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Development Programme (UNDP), the United Nations Office on Drugs and Crime (UNODC), and the Office of the United Nations High Commissioner for Human Rights (OHCHR), concerning the legal or development status of any country, territory, city or area of its authorities, or concerning the delimitation of its frontiers or boundaries. The views expressed in this publication are those of the authors and do not necessarily reflect the views or policies of the United Nations, including UN Women, UNDP, UNODC, OHCHR or the United Nations Member States. This publication may be freely used for non-commercial, fair use purposes, with proper acknowledgement of and attribution to UN Women, UNDP, UNODC and OHCHR. Any other use must be authorized in writing by the United Nations following a written request for permission from [email protected]. Design: Irene Ramirez A Practitioner’s Toolkit on Women’s Access to Justice Programming MODULE 5: Programming at the Country Level THE TOOLKIT AT A GLANCE The Toolkit comprises an Introduction and five Modules: INTRODUCTION MODULE 1 MODULE 2 MODULE 3 MODULE 4 MODULE 5 The Theory Marriage, Ending Women in Programming and Practice Family Violence Conflict with at the of Women’s and Property Against the Law Country Level Access to Rights Women Justice Programming Summary Summary Summary Summary Women’s access Understanding Creating an enabling environment New to justice the overall for women’s access to justice generation of country UNDAFs context Overarching Creating an Creating effective, accountable The commitments enabling and gender-responsive justice institutions programming underpinning environment cycle of UNCTs women’s access for women’s to justice access to justice Justice needs Creating Cross-cutting of women who effective, issues to face multiple and accountable consider during intersecting forms and gender- implementation of discrimination responsive justice institutions Programming Legally Legally empowering women APPENDICES principles, empowering approach and women methodology Purpose Considerations Considerations for crisis-affected contexts ENDNOTES and scope for crisis-affected contexts About the Toolkit APPENDICES APPENDICES ENDNOTES ENDNOTES ENDNOTES MODULE 5: Programming at the Country Level 1 TABLE OF CONTENTS THE TOOLKIT AT A GLANCE 1 MODULE 5: PROGRAMMING AT THE COUNTRY LEVEL 4 1.0 Summary 5 1.1 Why country level programming? 5 1.2 Why is integrating women’s access to justice in the programming cycle important? 5 2.0 New generation of UNDAFs 5 2.1 Integrated Strategic Frameworks 7 3.0 The programming cycle of UNCTs 8 3.1 Entry points, priorities and milestones to mainstream gender into CCAs/UNDAFs in the context of women’s access to justice 8 3.1.1 Securing women’s access to justice in the roadmap 8 3.1.2 The CCA and situation analysis on women’s access to justice 9 3.1.3 Strategic prioritization 13 3.1.4 Implementation 16 3.1.5 Monitoring and reporting 17 3.1.6 Evaluation and documentation of lessons learned 18 3.2 Different programming scenarios 18 4.0 Cross-cutting issues to consider during implementation 23 Appendix I: Country case studies 29 New generation of UNDAFs 29 Integrated Strategic Frameworks 32 The programming cycle of UNCTs 32 Implementation 32 Monitoring and reporting 33 Cross-cutting issues to consider during implementation 33 Appendix II: Additional resources 35 ENDNOTES 36 2 A Practitioner’s Toolkit on Women’s Access to Justice Programming BOXES AND TABLES BOXES Box 5.1 Linking women’s access to justice to the UNDAF principles 6 Box 5.2 ISFs and Integrated Assessment and Planning 7 Box 5.3 Undertaking a gender analysis in CCAs and integrating gender perspectives into UNDAFs 8 Box 5.4 Assessing the comparative advantage of the United Nations system at country level 26 Box 5.5 Global Focal Point arrangement 26 APPENDICES Box A.5.1 ISF of Somalia 32 Box A.5.2 Programming in Morocco to integrate social work and family justice 32 Box A.5.3 Indicators measuring progress of justice delivery by sex in the Samoa Family Court and Family Violence Court 33 Box A.5.4 United Nations partnerships in Liberia and the State of Palestine 33 TABLES Table 5.1 Potential priorities for crisis-affected countries 14 Table 5.2 Integrating women’s access to justice into broader justice programmes 19 Table 5.3 Justice programming in post-conflict settings, including for cases involving SGBV 22 APPENDICES Table A.5.1 The integration of women’s access to justice in the UNDAFs of Afghanistan, Brazil and Ethiopia 29 MODULE 5: Programming at the Country Level 3 MODULE 5: PROGRAMMING AT THE COUNTRY LEVEL Above: Cambodia. A woman from the Jarai tribe smoking a pipe. © UN Photo/John Isaac. 4 A Practitioner’s Toolkit on Women’s Access to Justice Programming 1.0 Summary 1.1 Why country level programming? Development requires transformational change at the country level, achievable through effective programming by United Nations Country Teams (UNCTs). Therefore, identifying entry points for enhancing women’s access to justice within the programming cycle of UNCTs is critical for strengthening the gender dimensions of the United Nations sys- tem’s work on access to justice for all. Using the UNCT as an organizational focal point promotes the leveraging of mandates, synergies and accountability across and within United Nations funds, programmes and agencies on gender equality and women’s em- powerment. This Module provides guidance on how best to advance women’s access to justice through the step by step modality of the UNDAF roadmap.1 It identifies opportunities and approaches for aligning with the three entry points of women’s access to justice programming: creating an enabling environment for women’s access to justice; creating effective, accountable and gender-responsive justice institutions; and legally empow- ering women. It also reflects the four UNDAF principles for integrated programming, elaborated in Module 1: leave no one behind; human rights, gender equality and women’s empowerment; sustainability and resilience; and accountability.2 1.2 Why is integrating women’s access to justice in the programming cycle important? The programming cycles (or roadmaps) of UNCTs are the institutional frameworks Integrating for milestone setting and the delivery of technical assistance at country level. The women’s access programming cycle of each agency is linked to the UNDAF, which is expected to reflect to justice into the programming the national development priorities of governments. cycle ensures that it is given United Nations General Assembly Resolution 71/243, Quadrennial Comprehensive appropriate Policy Review of Operational Activities for Development of the United Nations System attention and recognizes the importance of partnerships and programmatic coherence to minimize prominence and duplication, promote cooperation between development partners and enhance indi- is effectively vidual agency mandates, while connecting programming to shared principles across addressed at the country level the United Nations system.3 These shared principles, opportunities, mandates and entry points for women’s access to justice programming are highlighted in this Module. 2.0 New generation of UNDAFs “New generation of UNDAFs” is a term that is used in the United Nations Development Assistance Framework Guidance to establish the expectation that all new UNDAFs will respond to the imperatives of the 2030 Agenda for Sustainable Development and the complex and interconnected nature of the Sustainable Development Goals (SDGs).4 In MODULE 5: Programming at the Country Level 5 UNDAFs assist addition to human rights and the 2030 Agenda framework, all country level program- UNCTs in ming must be anchored in: prioritizing the imperatives of • The Report of the Secretary-General, Repositioning the United Nations Development the 2030 Agenda System to Deliver on the 2030 Agenda: Ensuring a Better Future for All, (2017) for Sustainable Development • United Nations Security Council Resolution 2282, (2016) • United Nations Resolution 70/262, Review of the United Nations Peacebuilding Architecture, (2016) These three instruments strengthen the focus of the United Nations on prevention and sustaining peace as important pillars of rule of law. Furthermore, in their design and im- plementation, all UNDAFs should demonstrate and explain how the outcomes respond to gender inequalities and contribute to the advancement of women and girls through, among other areas, access to justice. Access to justice A desk review of UNDAFs demonstrates that access to justice, more broadly, tends to be as a general reflected as a cross-cutting theme of the entire UNDAF, or alternatively, integrated into a category is rarely number of objectives such as democratic governance, rule of law or institution-building. a stand-alone A number of new generation UNDAFs have reflected women’s access to justice in their priority in UNDAFs planning frameworks (see Table A.5.1 in the Appendices). While access to justice can serve as a rallying point for United Nations system engage- ment, its lack of distinct prominence in UNDAFs can result in women’s access to justice (as part of the broader justice agenda) being marginalized or minimized in UNDAF planning, unless a corporate decision is made to prioritize it.
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