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1 LEGISLATIVE AWARENESS AND ADVOCACY Denise Conroy Chairman Zonta International LAA Committee March 2009

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Page 1: 1 LEGISLATIVE AWARENESS AND ADVOCACY Denise Conroy Chairman Zonta International LAA Committee March 2009

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LEGISLATIVE AWARENESS

AND

ADVOCACY

Denise ConroyChairman

Zonta International LAA CommitteeMarch 2009

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A WORKING DEFINITION OF ADVOCACY

Advocacy is an action directed at change.

It is putting a problem on the agenda, providing a solution to that problem, building support for that solution and for the action necessary to implement that solution.

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WHAT IS SOCIAL JUSTICE ADVOCACY?

Social justice advocacy is public advocacy, which draws attention to an injustice and promotes the public good. It focuses attention on improving the well-being of the poor and marginalised members of the community. For example, social justice public advocacy efforts take up issues relating to women, children, workers, the disabled, etc. For Zonta International, the focus must be on women and the girl child.

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In summary, Advocacy begins with a problem or with a perception that there is a better alternative to a current condition and seeks to solve that problem and/or implement the selected alternative.

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ZONTA INTERNATIONALADVOCACY POLICY

As adopted by the Zonta International Board, at its February 2000 meeting; as last amended by the Zonta International Board, January 2009. (Refer to the Zonta International Website – LAA Page).

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ADVOCACY DEFINITION - CURRENT

Advocacy is the expression of support for or opposition to a cause, argument or proposal. Advocacy may include influencing laws, legislation or attitudes.

Zonta International, its districts, and its clubs are urged to express themselves about and become involved in issues which:

*Improve the legal, political, economic, educational, health and professional status of women;

*Advance understanding, goodwill, and peace through a world fellowship of executives in business and the professions; and

*Promote justice and universal respect for human rights and fundamental freedoms.

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ADVOCACY GOALS1. Zonta International, its districts, and its clubs,

shall be nonpartisan and nonsectarian.

2. Zonta International, its districts, and its clubs are encouraged to support legislation submitted to a legislative body for its consideration, which advances the implementation of the Objects of Zonta, the mandates of Zonta International Resolutions (current), the Beijing Declaration from the United Nations Fourth World Conference on Women and its updates and the Millennium Development Goals and their updates.

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3. Zonta International, its districts, and its clubs will ascertain if there are other like-minded organizations or individuals researching issues regarding the legal, political, economic, educational, health and professional status of women, and co-operate with these other organizations and individuals when appropriate. (Refer to Revised Policy on Affiliation of Zonta with Other Organizations – ZI Website, LAA Page).

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4. Whenever it is more effective to do so, Zonta International, its districts, and its clubs will work in co-operation with other organizations to educate people (including ourselves) about the legal, political, economic, educational, health and professional issues which affect the lives of women and the actions we must initiate to effect a positive change.

5. When Zonta International, its districts, and its clubs host or sponsor educative activities, every effort should be made for a well-balanced presentation of the facts and viewpoints.

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6. Zonta International, its districts, and its clubs may register protests concerning violations of human rights with the Zonta International United Nations Committee.

a. Clubs shall not otherwise express positions on issues involving a country other than their own except with the prior approval of the International President through the International United Nations Chairman.

a. Districts shall not otherwise express positions on issues involving countries other than their own except with the prior approval of the International President through the International United Nations Chairman.

c. Individual Zonta members shall not otherwise express positions on issues involving a country other than their own except with prior approval of the International President through the International United Nations Chairman.

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7. Zonta International, its districts, and its clubs shall not advocate on behalf of, or endorse, a political candidate or party, or any religious denomination.

8. Zonta International, its districts, and its clubs may endorse qualified individuals for nonpartisan positions.

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9. Zonta clubs may express their opinion on issues only as clubs. Zonta districts may express their opinions only as districts. The Convention may express opinions on issues on behalf of Zonta International. Between conventions, only the Zonta International Board may express opinions on issues on behalf of Zonta International. Subject to Article 6[c] individual Zonta members may express a position on issues involving a country other than their own providing they use the exact wording of the position as contained in material adopted by the Zonta International Board or the International President’s approval given through the International United Nations Chairman.

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Individual members may express their personal views on issues which have not been given prior approval by the International President, through the International UN Chairman, only as private citizens, but must not attribute them to a Zonta club or District or to Zonta International.

10. Districts may include guidelines for the process for determining their advocacy activity in their district rules of procedure

providing that such guidelines conform to the International Guidelines.

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ZONTA INTERNATIONALADVOCACY PROTOCOL

ZONTA ENTITY CAN SIGN• International President • International Board

• District Governor

• Club President

• Individual Zontians

On behalf of ZONTA INTERNATIONAL

On behalf of DISTRICT (eg. Zonta International District 2) only IF a resolution has been passed on the subject at District Conference OR IF accepted by a majority of clubs voting by a mail ballot. (See Bylaw Article XIII, Section 10[f])On behalf of CLUB (eg. Zonta Club of Bay View) only IF a majority decision is passed at a club meeting.In OWN NAME only, WITHOUT mention of Zonta

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Please Note:•no-one other than the International President/International Board can sign on behalf of Zonta International

•Club Presidents can only sign on behalf of club if a motion is passed by a majority of members at a club meeting. (Club Boards of Directors cannot make policy/pass motions or take action binding a club).

•On advocacy matters to be decided by the club, advance notice of discussion should be given (agenda items) and any papers distributed to all members before any vote is taken.

•Governors, clubs, individuals should only advocate on matters pertaining to their own jurisdictions. Concerns re matters in other countries should be referred to the Chairman of the United Nations Committee. ** ( Refer to the Advocacy Policy, Section 9 for further information).

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• Zonta must remain nonpartisan and nonsectarian in advocacy action and on issues.

• Zonta Districts,Clubs and members should not sign petitions in Zonta’s name.

• Send a copy of your letter/action to your District LAA Chairman and to the International Chairman of the Legislative Awareness and Advocacy Committee Contacts ( See International Directory)Chairman, LAA Committee: Denise Conroy

(email : [email protected])

** Chairman, UN Committee: Jackie Shapiro (email : [email protected] )

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LINKING ADVOCACY WITH SERVICE and AWARDS

AWARDS/COMMITTEES PROGRAMS

AWARDS - AE- YWPA- JMK

UNITED NATIONS

SERVICE

YWPA

AMELIA EARHART improving education, economic, political status of women

JANE M. KLAUSMAN

L.A.A.

STATUS OF WOMEN ISSUES (legal, health, social, economic, political, educational)

HUMAN/WOMEN’S RIGHTS,CONVENTIONS, PROTOCOLS

SERVICE – CLUB/AREA/DISTRICT (eg. women’s shelters)

INTERNATIONAL SERVICE PROJECTS:

Refer to ZI Website LAA PageInternational projects are linked to Zonta’s Objects, Beijing +10 Goals and MDG Goals

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What is Lobbying?

Lobbying is an organised attempt by an individual, an organisation or groups of individuals and/or organisations to influence on behalf of a particular interest all the stakeholders involved in preparing and passing legislation. Such stakeholders include ministerial advisers and staff, legislative drafters, policy makers, members of Parliament, portfolio committee members, select committees, the staff of various committees, experts and consultants serving those committees, etc.

It also means seeking the support of an influential person or persons and providing accurate information which legislators can use in their decision-making. Lobbying is a give-and-take process that also involves gathering new information and analysis, which enables lobbyists to strengthen their own strategies.

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What is the difference between lobbying and advocacy? Lobbying is only one part of advocacy – one tool amongst many. The difference between advocacy and lobbying can be explained as follows:

ADVOCACY LOBBYING

Related to specific cause / issue Related to specific legislation

Group / collective effort May be individual or collective

Aimed at several stakeholders, both inside and outside of government

Aimed specifically at legislators and government officials

Aimed at common good Aimed at specific (or partisan) interest

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ZONTA DOES NOT LOBBY

We must not use the ‘L’ word – lobby. Zonta MUST be non-partisan and non-sectarian (Bylaw Article III, Section I)

We must remain independent of all political parties and lobby groups in order to maintain our non-partisan stance AND to avoid being ‘used’ by other organisations to further their own ends.

Lobbying ‘tactics’ usually involve giving support – either money, votes, endorsement or suggesting that support will be directed elsewhere. It is a ‘political’ tactic and NOT one endorsed by Zonta International.

We must use the word advocate in all correspondence and presentations.

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FOUNDATION ‘STATUS’ 501[c](3)

The Zonta International Foundation (and some Zonta Clubs) in the USA has tax deductible status.

There is some provision in the law for advocacy to influence legislation – Section 501(h) which promotes balance in the presentation of conflicting views and eases the burden of administration of Section 501[c](3).

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Any charitable body can (‘lobby’) advocate legally, using one of 2 standards by which their compliance with the IRS Code is measured.

(i) insubstantial part test (1934)

(ii) Section 501 (h) expenditure test (1976) (called the 20% rule)

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In the USA ‘direct lobbying’ is defined as communication with either a legislator, an employee of a legislative body or any other government employee who may participate in the formulation of the legislation.

There is usually a reference to a specific piece of legislation, and a view on it is taken/expressed.

This action is NOT to be undertaken in Zonta’s name unless agreed to by the LAA/UN Chairman.

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EXCEPTIONS TO DIRECT LOBBYING ARE

1. Non-partisan analysis, study or research that presents all sides of an issue.

2. Responses to written requests for assistance from committees or other legislative bodies.

3. Challenges to, or support for, legislative proposals that would change the organization’s rights or its right to exist.

4. Examination and discussion of broad social, economic and similar problems.

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All Zonta Clubs in the US are regarded as tax exempt (Section 501[c](4)), and any Zonta Clubs with tax deductible status (Section 501[c](3)), should seek professional advice from tax advisors BEFORE undertaking any activity which meets the IRS/Treasury definition of ‘direct lobbying’ as this can affect your status in these categories.

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ZONTA INTERNATIONAL POSITION ON LETTER-WRITING BY ZONTIANS,

ZONTA CLUBS, DISTRICTS:

• That any advocacy which involves co-ordinated letter-writing by members/clubs be ‘checked’ with the LAA Chairman/UN Chairman before proceeding.

• Advocacy on major Conventions will be co-ordinated through the LAA Chairman/UN Chairman and draft letters/templates will be provided for use by members/clubs/districts.

• Above all, advocacy can only take place on matters covered by Zonta’s Objects (a) and (c) - improving the legal, political, economic, educational, health status of women and promoting justice and universal respect for human rights and fundamental freedoms.

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• LEGISLATIVE AWARENESS means that we know the process by which laws are created at the local, state and federal (national) level of government, from the first mention/thought on the issue through to the passage or defeat of a law.

• LEGISLATIVE AWARENESS also means that we know how to have laws repealed or changed, how to prepare submissions for parliamentary inquiries or reviews, and how to present a logical, comprehensive case to support our views/arguments for or against it.

• This awareness or discipline is referred to as the public policy process. It is the starting point for advocacy.

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• LEGISLATIVE AWARENESS also means educating yourself about the ‘Division of Powers’ in your country – that is, what each level of government is responsible for.

You also need to know whether each level of government has co-equal powers, or whether one level is ‘superior’ to (ie. can over-rule) another level.

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IT IS ALSO HELPFUL TO KNOW ABOUT:

• The Constitution

• Federal (National) and State legislature processes

• Local Government processes

• How laws are made

• The agencies/departments which implement and enforce laws

• How and when you can participate in the legislative process

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HOW CAN WE INFORM OURSELVES ON LEGISLATIVE MATTERS?

• Check your parliament’s website *

• Run a seminar session with invited (knowledgeable) speakers

• Ask someone in your State who lectures in politics or public policy or who has a Masters Degree in these fields

• Ask a senior politician how laws are made/to explain the legislative process

• Better still, recruit people in these occupations as members.

(* See www.mkogy.hu/world.parliaments.htm) 30

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ADVOCACY CHECKLIST

1. Choose an issue that promotes the status of women

- education

- health

- legal

- social

- economic

- human rights

Use the SCORE CARD and the Advocacy Framework which links Zonta’s Objects to CEDAW Articles (See ZI Website – LAA page)

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Ensure that the Club/District is in agreement about the issue as one suitable for ZONTA ADVOCACY

ie. AVOID -partisan/sectarian issues

-issues which may ‘divide’ the membership (eg. abortion, euthanasia, legalised prostitution, genetic research, etc.)

Issues where there is no majority (95%+) agreement should be pursued as INDIVIDUAL advocacy (i.e. in one’s own name NOT in Zonta’s name).

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NON PARTISAN / NON SECTARIAN

Definitions of these terms are given in the IBL (now Governing Documents) Booklet.

Item 8 of the Advocacy Policy requires that we nominate persons ONLY FOR NON PARTISAN positions (ie. NON-POLITICAL positions – not influenced by, affiliated with, or supporting the interest or policies of any persons or party)

The same would apply to SECTARIAN organisations (affiliation with any particular religion or sect).

Zonta must, at all times, be seen to be totally impartial with respect to religious, sectarian or political organisations, and to not favour any one particular ‘belief’ over another with respect to ideology or dogma. These are matters for PERSONAL CHOICE.

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PLAN YOUR ADVOCACY ACTIVITY:

- Know your issue (high level of expertise required)

- Establish your objectives

- Conduct a stakeholder analysis to identify opposition

- Develop a strategy

- Identify and mobilise required resources

- Monitor and evaluate the progress

- Avoid conflicts of interest at all times

- Conduct advocacy in an ethical manner

KNOW YOUR LEGISLATIVE SYSTEM AND PROCESSES

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WHAT RESOURCES ARE AVAILABLE TO YOU?

RESOURCES ON THE Z.I. WEBSITE – LAA PAGE:

• ADVOCACY/SERVICE SCORECARD (does it meet our Objects?)

• ADVOCACY FRAMEWORK (‘matching” Zonta’s Objects with CEDAW Articles 1-16)

• WHEN/WHO TO TAKE ACTION (at what level – International, District, Club – should the issue be dealt with?)

• HOW SHOULD ADVOCACY PROCEED? (what policies/guidelines are applicable? Conduct thorough research; check District and Club advocacy processes).

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• APPLYING ZONTA’S SCORECARD TO THE INTERNATIONAL SERVICE/ZISVAW 2008-2010 PROJECTS (plus Beijing + 10 Goals and the Millennium Development Goals (MDGs) and Millennium Summit + 5)

This demonstrates our connectivity to key platforms

for women (including CEDAW) and enhances our

consultative status with the United Nations.

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• Universal Declaration of Human Rights (1948)

• Convention of the Political Rights of Women (1952)

• International Covenant on Civil and Political Rights (1966)

• International Covenant on Economic, Social and Cultural Rights (1966)

• Declaration on the Elimination of All Forms of Discrimination against Women (1967)

• Declaration on the Protection of Women and Children in Emergency and Armed Conflict (1974)

• Convention on the Elimination of All Forms of Discrimination against Women (1979)

• Declaration of the Elimination of Violence against Women (1993)

• Inter-American Convention for the Prevention, Punishment and Elimination of Violence against Women (Belém do Pará Convention) (1995)

• Universal Declaration on Democracy (1997)

• Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999)

INSTRUMENTS OF INTERNATIONAL LAW CONCERNING WOMEN

At its 162nd session (Windhoek, 11 April 1998), the Inter-Parliamentary Council took a special decision on the recommendation of women parliamentarians entitled “Parliamentary action for national follow-up to international agreements and treaties regarding women”.

Access this information at www.ipu.org/wmn-e/law.htm

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RELATED DOCUMENTS

BEIJING DECLARATION AND PLATFORM FOR ACTIONwww.un.org/womenwatch/daw/beijing/platform/plat1.htmwww.un.org/womenwatch/daw/beijing/index.htm

BEIJING + 5 (2000) AND +10 (2005) CRITICAL AREAS OF CONCERNwww.un.org/womenwatch/forum/index.html (Report E/CN.6/2000/PC/CRP.1)

www.un.org/womenwatch/daw/csw/csw49/documents.html (Report E/CN.6/2005/2)

MILLENNIUM DEVELOPMENT GOALS (2000)www.un.org/womenwatch/millenniumgoals/relatedsites.html

MILLENNIUM + 5 SUMMIT (2005)www.un.org/summit2005/

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•LAA Resources: CEDAW and the Optional Protocol to CEDAW – See LAA page on ZI website. See also Zonta Countries, CEDAW Signatures, Reports for latest country reports submitted.

•UN High Commissioner for Human Rights – treaties, declarations, documents www.unhchr.ch/map.htm

•World Health Organisations – topics on womens’ health (FGM, HIV-Aids, Violence etc) www.who.int/topics

•World Bank Database of Gender Statistics http://genderstats.worldbank.org/menu.asp

•Council of Europe www.coe.int (equality between men and women, trafficking, violence against women)

•UN Economic Commission for Europe – Gender Statistics website www.unece.org/stats/gender

•The European Convention on Human Rights

http://conventions.coe.int/Treaty

OTHER SOURCES

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Contact your District LAA Co-ordinator or the Zonta International LAA Committee.

Chairman: Denise Conroy [email protected]

Connie Deckert [email protected]

Kikuko (Kitty) Hara [email protected]

A.O. Omotayo (Tayo) Morgan [email protected]

Bev Morrow [email protected]

ASSISTANCE WITH ADVOCACY