Performance Assessment Report of the Gender Equality Council
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Performance Assessment Report of the Gender Equality Council (July 29, 2018 - July 31, 2019) Research Supervisor Lika Sajaia Research Author Tamar Tatanashvili This report was prepared with the financial assistance of the Swedish International Development Cooperation Agency (SIDA). CONTENTS PERFORMANCE ASSESSMENT REPORT OF THE GENDER EQUALITY COUNCIL __ 1 INTRODUCTION __________________________________________________________________ 4 KEY FINDINGS __________________________________________________________________ 4 CHAPTER 1. FUNCTIONS AND COMPOSITION OF GENDER EQUALITY COUNCIL _ 5 CHAPTER 2. ACTIVITIES UNDERTAKEN BY THE COUNCIL _______________________ 8 2.1 DEVELOPMENT OF PRINCIPAL DIRECTION OF STATE POLICY WITH REGARD TO GENDER EQUALITY (DEVELOPMENT OF THE CONCEPT, ACTION PLANS AND STRATEGY) _ 8 2.2 GENDER ANALYSIS OF LEGISLATION, WORKING ON AND ADVOCACY OF INITIATIVES _ 9 2.2.1 COUNCIL’S WORK ON LEGISLATIVE INITIATIVE ______________________________ 9 2.2.2 GENDER ANALYSIS OF LEGISLATION ________________________________________ 12 2.2.3 GENDER ANALYSIS OF STATE BUDGET _____________________________________ 14 2.3 EXERCISE OF OVERSIGHT ____________________________________________________ 15 2.3.1 HEARING OF REPORTS _______________________________________________________ 15 2.3.2 WORK OF THE THEMATIC INQUIRY GROUPS __________________________________ 15 CHAPTER 3. AWARENESS-RAISING ACTIVITIES ______________________________ 19 CHAPTER 4. TRANSPARENCY AND ACCOUNTABILITY OF THE COUNCIL ______ 20 CHAPTER 5. ASSESSMENT AND RECOMMENDATIONS _______________________ 21 INTRODUCTION The report conducted by Transparency International - Georgia within the framework of parliamentary monitoring project covers the activities of Gender Equality Council (hereinafter the “Council”) carried out during the reporting period (July 29, 2018 – July 31, 2019). Gender Equality Council is the standing body of the Parliament, whose activities are of crucial importance for the promotion and enhancement of the process of gender equality in the country. This report focuses on the assessment of the performance of Gender Equality Council in several directions: • Supporting the definition of the main direction of state policy • Gender impact analysis of legislation • Working on new legislative initiatives • Overseeing and monitoring the activities of accountable bodies on gender-related issues • Transparency and providing information to the public on the performance of the Council The report is based on public information, retrieved from the Parliament, also data published on the official web page of the Parliament and observations of our organization. The report was conducted using normative research method, according to which method the recent amendments to legal framework were studied. Moreover, the report presents the assessments on the performance of the Council of the NGOs that work on gender equality issues and the representative of the Public Defender.1 KEY FINDINGS The following positive trends were identified in functioning of Gender Equality Council during the reporting period: • With the active engagement of the Council and the initiative of its members, sexual harassment was defined as an administrative offense. • The Council strengthened its oversight function. Two thematic research groups were set up, which carried out a problem analysis and drafted recommendations. The following challenges were identified during the research: • Analysis of the budget from a gender perspective is still an issue • Out of 15 committees, only five delivered a gender impact analysis on the legislation2 • The new state concept on gender equality has not been adopted • The Council’s Action Plan for 2018-2020 has to be improved, for example it doesn’t have a hard deadline for the fulfillment for the defined indicator3 1 Interviews were held with the Partnership for Human Rights and the Public Defender’s Office. Questionnaires were also sent electronically to other organizations working on gender equality issues. 2 In the time period January 2017 - July 2018, the commitment of the Council Action Plan has not been fully fulfilled - instead of five, only two draft laws were analyzed for their gender impact. 3 For example, the second commitment envisages activity 2.3.4 (Activity Number 2.3.3 is repeated twice in the plan) - “Parliament Approves Changes to the Law on Gender Equality”, which does not specify the implementation period. See p.8 of the Gender Equality Action Plan 2018-2020, https://bit.ly/2WESFZE . 4 CHAPTER 1. FUNCTIONS AND COMPOSITION OF GENDER EQUALITY COUNCIL The Gender Equality Council was set up to ensure the systemic and coordinated work on gender related issues. According to its statute, the primary functions of the Council are as follows: ● Facilitation to definition of the main directions of state policy in gender field by the Parliament of Georgia; ● Conduct of gender analysis of Georgian legislation and drafting of proposals for the elimination of gender inequality in legal framework; ● Provision of expertise of legislative acts submitted within the framework of legislative initiatives, in the light of assessment of gender equality; ● Development and implementation of the system of monitoring and assessment of measures, undertaken with a view to ensuring gender equality, development of relevant recommendations; ● Hearing the report of the Interagency Commission on Gender Equality, Violence against Women and Domestic Violence. 4 International and local organizations have provided significant support to the Council in its work related to the drafting of laws and awareness-raising activities.5 4 Statute of the Gender Equality Council of the Parliament of Georgia: https://goo.gl/BjMZyA . 5 Including NDI, UNDP GGI/USAID, PROLoG/USAID, UN Women, Women’s Information Center (WIC) 5 Chart 1. COUNCIL COMPOSITION ACCORDING TO MEMBERSHIP Majority 11 Faction “National Movement” 1 Faction “European Georgia” 1 Faction “European Georgia – Movement for Freedom” 2 Faction “Patriots Alliance and Social Democrats” 1 Independent MPs 1 Chart 2. Members of the Council 6 6 The members and positions in the Council are provided according to the reporting period. Tamar Chugoshvili addressed the Parliamentary Bureau on November 18, 2019 with a statement of resignation as the Chairperson of the Council and staying as a regular member. 6 WHO ARE MEMBERS OF GENDER COUNCIL? Tamar Chugoshvili – Chairperson of the Council Faction “Georgian Dream” Eka Beselia Independent MP Tinatin Bokuchava Faction “National Movement” Khatuna Gogorishvili Faction “European Georgia – Movement for Freedom” Nino Goguadze Faction “Georgian Dream – Conservatives” Rati Ionatamishvili Faction “Georgian Dream” Sopio Kiladze Faction “Georgian Dream” Ada Marshania Faction “Patriots Alliance and Social-Democrats” Guguli Maghradze Faction “Georgian Dream” Endzela Machvariani Faction “Patriots Alliance and Social-Democrats” Giorgi Tugushi Faction “European Georgia – Movement for Freedom” Irina Pruidze Faction “Georgian Dream” Dimitri Tskitishvili Faction “Georgian Dream” Nino Tsilosani Faction “Georgian Dream” Elene Khoshtaria Faction “European Georgia” Tamar Khulordava Faction “Georgian Dream” Mariam Jashi Faction “Georgian Dream” 7 CHAPTER 2. ACTIVITIES UNDERTAKEN BY THE COUNCIL The Council assembled 3 times during the reporting period. 7 The Council worked on new legislative initiatives, including amendments to the Labor Code and the Law on Gender Equality. In 2019, in accordance with the new Rules of Procedure, a organizational support unit was set up to support the work of the Parliamentary Councils, which united the staff of the Standing Parliamentary Councils, including the Council on Gender Equality. This department employs one staff member for the organizational and technical support of the Gender Equality Council. The respective amendment was also made to the statute of the Council.8 The following thematic working groups were set up with the members of the Advisory Board of the Gender Equality Council: • A consultative group working on a package of amendments to the Labor Code; • Working Group on the reduction of the pay gap and drafting of a methodology; • Working Group on the regulation of sexual harassment; Within the framework of parliamentary oversight, thematic groups have also been set up in parallel to thematic inquiries: “Women’s participation in state economic programs,” “Access to vocational education for women’s economic empowerment”9. 2.1 DEVELOPMENT OF PRINCIPAL DIRECTION OF STATE POLICY WITH REGARD TO GENDER EQUALITY (DEVELOPMENT OF THE CONCEPT, ACTION PLANS AND STRATEGY) Developing and initiating the State Concept on Gender Equality was a commitment under the 2017 and 2018-2020 Action Plans, but this draft has not yet been initiated. With the technical support of the International Organizations (UN Women), the Council drafted a new State Concept on Gender Equality, which is currently under internal review and has not been adopted. 10 In April 2018, the Council approved the 2018-2010 Action Plan. 2018-2020 Action Plan envisages 6 objectives. The novelties are the activities related to the improvement of gender equality state mechanisms11 and institutional strengthening of Gender Equality Council. Similar to previous Plan, the current Action Plan concerns the promotion of adoption of Gender Equality State Concept, also the legislative amendments regarding encouragement of political participation of women, the issues related to sexual harassments, femicide. 7 Parliament of Georgia,