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Facilitating CEDAW Implementation towards the Realization of Women’s Human Rights in South East Asia EXECUTIVE SUMMARY This programme is designed to facilitate the realization of women’s human rights in the South East Asian region, through the more effective implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in seven countries: Cambodia, Timor-Leste (East Timor), Indonesia, Lao People’s Democratic Republic, Philippines, Thailand and Vietnam. The programme will stimulate and support systematic action at the national and regional levels to overcome critical constraining factors which have hindered implementation of CEDAW in the region to date. A three-pronged strategy will target the substance of discriminatory laws, institutional structures and processes, and cultural factors, through an integrated, multi-sectoral approach that involves the main organs of government, organized civil society, and the general citizenry in activities to enhance CEDAW implementation in strategically selected areas of concern to women. As a consequence of activities undertaken in this programme, three main results will be achieved. First, there will be improved understanding and awareness of women’s human rights, deeper understanding of the obligations and guarantees specifically provided by CEDAW, and greater awareness of the need for action to secure women’s rights under the Convention. Second, capacities will be strengthened and expanded to implement, monitor and advocate use of CEDAW in selected substantive areas at the national level. As well, capacity will be enhanced at the regional level through the development of an accessible regional knowledge base about CEDAW to provide knowledge to all stakeholders about best practices, and document the modeling experiences in selected substantive areas identified in four of the seven countries. Regional institutions will work as partners to provide expertise and technical support to governments and organized civil society in the use of CEDAW for the realization of women’s human rights. Third, stronger political will be generated to implement CEDAW as well as strengthen the ability of state organs and organized civil society to give support to women so they will be able to claim their equal human rights. State organs will be strengthened to have a greater commitment to CEDAW implementation and compliance with obligations, and more effective partnerships will be forged with organized civil society to monitor and implement CEDAW. The programme will be conducted over a four-year period with a total budget of US $6,617,740 of which US$3,347,000 will be allocated to country level initiatives, US$1,310,000 to global and regional initiatives, US$1,225,000 to programme management and $411,740 to support costs. Funding requested from CIDA for UNIFEM execution is in the amount of US $6,293,740 and $ 324,000 for CIDA related costs. UNIFEM will provide contribution in kind through the provision of technical support. A. BACKGROUND AND JUSTIFICATION

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Ratified by 170 States around the world, CEDAW is the internationally

recognized bill of rights for women. It requires the elimination of discrimination in all aspects of women’s lives – from education to employment, from family life to political office, from health care to rural development, from cultural stereotypes to public spending. The Convention is a recognition that the disadvantages, disparities and power imbalances that have marred relations between women and men in all regions of the world are not simply the reflection of a state of nature or a regrettable misfortune, but are the effects of ongoing discrimination rooted in both the public and private realms, in attitudes, cultural norms, laws and government policies. And that the crucial intervention needed for the betterment of women’s situation, their empowerment and true enfranchisement as equal citizens and equal members of their communities is the elimination of this discrimination.

Work on the Convention provides an exciting opportunity to maximize the potential and connection between the global and the local. The Convention is an international human rights instrument, legally binding on the States Parties which have ratified it, with a monitoring mechanism (the CEDAW Committee) which meets in New York twice annually to receive reports from States Parties on the status of implementation. However, these powerful “global” elements must be translated locally – into concrete actions, activities, policies and government accountability – to realize the conditions set out in the Convention for promoting women’s equality at the national level. Implementation requires informed, strategic and committed work at the international, national and local levels, on the part of all those who have a stake in women’s equality. While it is Governments who have the legal obligation to take the steps necessary to implement the Convention, all sectors of society must be aware of its principles, and must be involved in its realization – and, above all, women themselves must learn how to utilize the Convention, to mobilize and develop constituencies at all levels, in order to claim their rights under CEDAW.

Since the Convention entered into force in 1981, the world has seen ample

evidence of the strides that can be made using CEDAW. Where CEDAW has been taken seriously by States parties and NGOs, and utilized in an intentional manner to advance gender equality, there have been important results – in changes to laws and government policies, groundbreaking judicial decisions, and Constitutional reforms – which have made possible concrete changes in women’s lives. The project described in this proposal is designed, on the basis of consolidated experiences to date, to put a framework in place in the Southeast Asia Region that will support the optimal use of the Convention as a generative engine of change for women.

All of the seven countries in the region have ratified or acceded to CEDAW.

As States Parties to the Convention, they have undertaken the formal legal obligation to work to eliminate discrimination against women at the national level. There have been significant advances in Southeast Asia, as the CEDAW Committee has recently observed. The Government of Thailand has made serious efforts to integrate the Convention’s standards into domestic laws and policies in areas such as trafficking, prostitution, nationality, and employment. The Philippines has taken important measures in relation to the provision of credit assistance to women, the prohibition of sexual harassment, increase in the minimum wage for domestic workers, increases in maternity and paternity benefits, and the inclusion of human rights in the curricula at all levels of education. Vietnam has adopted a procedure to monitor legislative conformity with international human rights treaties, including CEDAW. However, efforts to implement the Convention are still hampered by a fundamental lack of capacity in many key areas. Governments remain unclear about the concrete actions they are required to take under CEDAW, and institutional structures do not facilitate

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proper reporting and implementation. Many women’s NGOs are only distantly aware of the Convention, and have not integrated it into their advocacy work. There have been important initiatives to monitor progress in CEDAW compliance, but the means are not yet available to adequately measure and assess State performance. CEDAW is relied upon as a normative standard in the courts infrequently. Popular awareness of the Convention and of women’s rights more generally, is low. While the region has the benefit of a number of NGO experts with a high degree of sophistication and long experience working with CEDAW, the need to import expertise from outside the region continues.

A number of critical constraining factors have been identified as frustrating the

effective implementation of CEDAW in the region: Lack of clarity among state parties regarding the content of human rights standards and mechanisms that need to be in place to ensure the effective implementation of women’s human rights. State parties are not clear about the role and place of CEDAW with regard to developing national legislation, judicial decisions, policies, programmes and mechanisms for achieving gender equality and women's advancement. There is no consistent methodology or approach to assessing gaps and monitoring the progress of implementation of women's rights in South East Asia. Lack of appropriate and effective institutional arrangements. Women's human rights have not been adequately institutionalized into laws, judicial decisions, enforcement, policies, programmes or resource allocation of governments. Lack of expertise, methodologies and capacities in relation to CEDAW and its applications. There is a need to further strengthen the capacity of regional and national institutions such as intergovernmental organizations, United Nations agencies, other development organizations, donors and civil society organizations to provide support to national governments, organized civil society and NGOs to set standards, monitor and conduct human rights analysis from a gender perspective.

Structural barriers to the effective application of CEDAW principles and norms. The lack of a “culture of compliance” with human rights standards makes it difficult for legal advances (legal reform, including progressive legislation) to have a positive impact in the lives of women. Impunity, cultural barriers, lack of means to redress discrimination, a dearth of effective remedies and difficulties in accessing the justice system are contributing factors that make it difficult to hold state parties accountable.

Women’s lack of understanding about effective processes for claiming rights, i.e., rights of claimants and making demands from a rights-based approach. Women need to have greater awareness about their rights and the means to make claims and access remedies. Most women do not understand their rights as claimants. Women do not usually organize and mobilize to demand effective implementation of instruments guaranteeing their rights at the local and national level.

The programme will initiate systematic action involving state organs, organized civil society and NGOs at the national and regional level to address these constraining factors, ensuring that the programme’s framework advances effective interventions to enhance effective implementation of the Convention.

In the consultations UNIFEM held while designing this project, Government and NGO representatives from across the region expressed tremendous enthusiasm for working to improve implementation of the Convention and for working with UNIFEM to help create the conditions that will make this possible. Their commitment

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is an invaluable resource in the struggle to achieve equality for the women of Southeast Asia. Their insights and experiences, and willingness to collaborate have helped shape this proposal and will critically inform the development of its implementation strategies. UNIFEM has already initiated tools for cooperation with partners in the region to support implementation of the Convention in previous programming. In particular, UNIFEM has an MOU with UNICEF for cooperation throughout the Southeast Asia region in providing assistance to States Parties in meeting their commitments under CEDAW, and has been involved in consultations with UNDP regarding APGEN phases I and II. This project will pursue further opportunities for collaboration and ways of strengthening the UN’s commitment to supporting the Convention. B. PROGRAMME STRATEGY 1. Overall Strategy

A three-pronged strategy will be adopted to facilitate the effective implementation of CEDAW, targeting: 1) the substance of discriminatory laws; 2) institutional structures and procedures; and 3) cultural factors.

The first aspect of the strategy focuses on the application of the standards set out in CEDAW to the body of laws of a country; removing contradictions between existing laws and CEDAW articles, as well as initiating new legislation to more fully integrate these standards into the country’s legal framework.

Effective enforcement of new standards integrated into a country’s legal framework requires a second emphasis. This involves changes in institutional structures and processes of the executive branch of the state that is tasked with implementing laws, as well as work with the judicial branch in relation to legal interpretation and enforcement. Changes are also needed to the way in which policies, plans and programmes of government are formulated, implemented, monitored and evaluated to ensure the integration of a women’s human rights perspective.

The third strategic component is a critical, but often neglected, element – work to raise the awareness of women and men of women’s human rights as guaranteed by CEDAW, in order to change values, attitudes and behaviors across society. Women need to understand that they have rights equal to those of men as set out in CEDAW, and they should know how to claim these rights. Similarly, men need to understand and respect these standards, and even actively assist in their promotion.

This programme strategy utilizes an integrated approach to the realization of women’s human rights using CEDAW as the mechanism for change. Strategies focusing only on one specific institution, process, and branch of the government or one sector of civil society in a country will not bring about the effective implementation of CEDAW and the realization of women’s human rights. While it is true that it is the State Party that has formal legal responsibility for implementing CEDAW, in real life it is not enough to focus solely on the government. In order to create genuine political will for change -– the will to do what is necessary to bring about meaningful, substantive equality for women -– a multi-sectoral, integrated process is required. The programme’s strategy is based on an understanding of the role that each sector (parliament or congress, executive branch, judiciary, organized

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civil society, media, religious establishments, etc.) can play. It considers how these sectors can positively interact, and what different capacities need to be developed to infuse the Convention’s standards with real, concrete meaning in the national context. Modeling in the programme will initiate this process in relation to selected substantive areas of CEDAW. Modeling an integrated approach in identified selected substantive areas will involve an assessment of the capacities that need to be strengthened in each sector, which in turn, requires an understanding of the critical role that each sector plays.

2. Partners

At the regional level, the Programme will partner with regional NGOs that

have been engaged in work on CEDAW implementation and promotion of women’s human rights, to address the constraining factor of lack of widespread expertise, methodologies and capacities in the region in relation to CEDAW. Regional expertise will be strengthened and a larger pool of experts created in a systematic, efficient way by building on the current capabilities of existing NGOs in the region.

The most appropriate candidates for primary NGO partners for this work include: IWRAW-AP: International Women’s Right’s Action Watch Asia Pacific is one of

the world’s leading NGOs working for the implementation of CEDAW. Based in Malaysia since 1993, it has been an important presence in South, East and Southeast Asia, as well as conducting major advocacy and training initiatives at the international level. IWRAW has worked in close collaboration with UNIFEM on a number of CEDAW-related projects, including the Global to Local trainings in connection with CEDAW Committee sessions. IWRAW expertise has informed many CEDAW initiatives launched in Southeast Asia. IWRAW-AP has the respect and confidence of both women’s rights NGOs and national women’s machineries in the region.

APWLD: Another potential NGO partner at the regional level is the Asia Pacific

Forum on Woman, Law and Development, established in 1985 with headquarters at Chiangmai, Thailand. The objectives of APWLD are to enable women in the region to use law as an instrument for empowerment and promote basic concepts of human rights as enshrined in various international human rights instruments, including CEDAW. APWLD is a network of NGOs throughout the Asia and Pacific. It maintains six task forces (including Women’s Rights Human Rights).

ARROW: The Asia-Pacific Resource and Research Centre for Women is also a

potential regional partner given its work throughout the region in addressing issues related to women’s health and women’s rights since 1993.

Other potential regional NGOs to partner with for specific activities in the

Programme include:

Asia Pacific Women’s Watch (APWW), which is a network of national women watches that makes use of the Internet, meets annually and focuses on the Beijing Platform for Action.

Asian Forum of Parliamentarians on Population and Development (AFPPD), formed in 1981, is comprised of national parliamentarian committees and seeks to improve the living standards and welfare of people in Asia.

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Forum-Asia is a regional human rights NGO launched in 1991 with a membership comprised of national institutions aiming to promote and protect all human rights and fundamental freedoms. Forum-Asia organizes training, implements projects and maintains an Internet regional human rights news service.

Focus on the Global South works in four thematic areas concentrating on the impact of globalization and advocates that all members of society search for more sustainable long-term alternatives to the current development models.

Other potential partners are the relevant UN divisions and agencies, particularly those involved in governance and women’s rights issues. These include the U.N. Division for the Advancement of Women, UNDP, UNICEF and UNOCHR. At the national level, the programme will partner with relevant government agencies and institutions. These could include the national women’s machineries, ministries of planning, finance and relevant sectors, as well as, law enforcement agencies, the judiciary and the parliament. Key women’s NGOs and other organized civil society groups are potential partners for some programme components. Appropriate training institutions will also be identified for capability building in CEDAW training for various sectors.

3. Approach

1. Improving awareness about women’s human rights and CEDAW

One of the biggest obstacles in all sectors is the lack of awareness and full understanding about women’s human rights, especially in relation to the substantive content of CEDAW. This programme will provide orientation/training activities on CEDAW, research and analysis in each country that assesses the extent to which women’s human rights have been realized and needed action to harmonize the legal system with CEDAW. As well, activities to popularize CEDAW and women’s human rights will use mass and alternative media to stimulate public awareness and discussion. All branches or organs of government, other non-government sectors particularly organized civil society and the general public will be targeted in the participating countries.

2. Strengthening the capacity of governments, organized civil society and the general citizenry to promote women’s human rights

The programme seeks to build capacity at all levels to understand, use,

implement and advocate women’s human rights under CEDAW. In order to assist the effective implementation of CEDAW, it is necessary that all sectors are able to: (a) identify and play their respective roles in the implementation of CEDAW; and (b) work collaboratively where appropriate and possible to advance women’s equality. Training activities and technical assistance for the three organs of government and their partners on gender-responsive and rights-based approaches, and for organized civil society on using CEDAW for advancing women’s human rights will be undertaken.

Modeling of the integrated approach to CEDAW implementation will focus on selected substantive areas involving women’s human rights under CEDAW as identified by partners and priorities in each country. Lessons from the modeling will be discussed in various forums, synthesized and abstracted into guidelines, and shared widely through the knowledge base network and other dissemination conduits.

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Mechanisms and procedures for the implementation of CEDAW and monitoring

progress in implementation will be established and/or strengthened for states parties and organized civil society.

An operational and accessible knowledge base on CEDAW and experiences with best practices and lessons learned from the region as well as the programme will be developed. This will include holding expert group meetings on best practices in promoting the realization of women’s human rights.

3. Strengthening political will for CEDAW implementation in support of women’s claim of their equal rights

The most effective political pressure for implementing CEDAW comes from

within a country, especially from women and their organizations. As noted already, one of the critical constraining factors in the realization of women’s human rights is women’s lack of understanding of effective processes for claiming their rights. Activities will be undertaken to strengthen women’s ability to claim their human rights by increasing their understanding of how to claim such rights in selected substantive areas, strengthening the capacity of non-government organizations and their networks to support women in claiming their human rights, and making institutional mechanisms and procedures more accessible for realizing women’s human rights.

A second focus in this element is to develop and strengthen accountability and reporting mechanisms on implementation of CEDAW through activities to support more timely and appropriate reports by state parties, consensus on monitoring indicators and improved procedures for reporting, including consultation with civil society and involvement of all relevant government sectors, proactive engagement of civil society in monitoring the implementation of CEDAW, including preparation of shadow reports.

4. Supporting Government/NGO collaboration to implement the Convention

A crosscutting aim of the programme is to strengthen the synergies between

the government and organized civil society for implementation of CEDAW. The more government and organized civil society agree on action needed to bring about equality and measure progress, the more political will and accountability can be generated, maintained and assessed. Activities will focus on dialogue and collaboration, where possible, between civil society and government on a wide range of issues, including the development and application of appropriate indicators and, consequently, measures that need to be taken to implement CEDAW. NGOs can also play an important role in assisting governments to understand where gaps exist in implementation, what the experiences of women on the ground are and how government overcome obstacles that are blocking women’s enjoyment of their human rights. Key elements at the regional level

Regional level activities serve several functions. With respect to training, the intention is to use the expertise of international or regional experts in a cost-effective manner by making the experts train trainers, who in turn deliver the country level

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trainings. This should create a good number of trainers in the case that training involves all seven countries. However, an alternative cost-effective solution might be called for if fewer countries would be involved as might be the case for training in selected substantive areas. In the latter case, it might be better to send the expert to each country in order to maximize her/his training expertise for as many trainees as possible in each participating country. A critical component of the regional focus is addressing the need to develop the regional capacity for providing technical support to governments, NGOs and other sectors on CEDAW implementation. The programme will provide assistance to existing appropriate regional NGOs for their institutional strengthening including developing viable resource base and various skills in management, lobbying and training facilitation.

Regional meetings/consultations among government representatives will afford them the opportunity to share experiences about positive outcomes and other experiences with implementation of CEDAW. Participants in regional meetings can reassure one another, and even create a stronger momentum of intention and interest around the implementation of CEDAW and ratification of the Optional Protocol. The sharing of information, successful strategies and other lessons in implementing CEDAW is also an important function of regional discussions for participants in both the government and non-government sectors.

Working across regions also reinforces the reality of CEDAW as an international standard, which asserts the universality of women’s human rights and its application in different contexts. This is a powerful message for those who suggest that women’s human rights cannot be applied in their country for cultural, economic and other reasons. It is a critical message that the proposed programme will help to disseminate and reinforce.

Specific activities that will support regional cooperation and synergies are:

1. Regional trainings of trainers (TOTs): Regional TOTs on CEDAW will be

conducted for the three state organs (legislative, executive and judiciary) and for organized civil society. A generic module on CEDAW will be prepared to inform the first stage of the trainings, followed by a second stage that will customize the generic module for each of the above four sectors.

2. South East Asian CEDAW Knowledge Network: A South East Asia CEDAW Knowledge Network will be developed in partnership with an appropriate regional NGO such as IWRAW-AP, to provide an accessible operational knowledge base about CEDAW and its implementation in general and in selected substantive areas.

3. Regional Consultations on CEDAW: A regional consultation on CEDAW among the major stakeholders in South East Asia will be convened once every two years to discuss major learnings and advocate for greater commitment and cooperation for CEDAW implementation and ratification of the Optional Protocol to realize women’s human rights. The major stakeholders will include the state organs, organized civil society, regional partners, other cooperating and development agencies, and donors in South East Asia. Experience of the UNIFEM project on CEDAW and capacity strengthening could be shared in the meeting. Key elements at the country level:

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The programme will institute two sets of activities. First there will be activities in all the programme countries that will cover the whole of CEDAW as an international treaty. The second will be a set of activities that will comprise of an integrated strategy for implementing selected substantive areas of CEDAW. These will take place as modeling in Cambodia, Indonesia, the Philippines and Thailand. In the rest three countries they will take place as part of the regular programme implementation. Country-level activities for CEDAW as an international treaty

1. Trainings on CEDAW: After being trained by the regional TOTs, national trainers will conduct national TOTs. Those trained at these national events will in turn conduct the training of concerned representatives of three state organs and organized civil society.

2. Research and analysis: A baseline situation analysis on women’s human rights will be prepared to identify priority areas for action. Laws will also be reviewed for consistency with the principles of CEDAW to provide a possible legislative agenda on needed legal reform.

3. Training and technical assistance will be provided to State Parties on report preparation on CEDAW implementation.

4. Training and technical assistance will be provided to women’s NGOs and other civil society organizations on advocacy and monitoring of CEDAW implementation, advocacy on the Optional Protocol, as well as preparation of shadow reports regarding CEDAW implementation.

5. Technical assistance to build/strengthen capability of state organs and organized civil society in supporting women’s ability to claim their human rights.

6. Activities to popularize CEDAW. Country-level activities for the modeling of an integrated approach in a selected substantive area Four countries have been selected for this modeling: Cambodia, Indonesia, Philippines and Thailand (which will be confirmed during the inception missions).

The modeling will apply the three-pronged strategy in an integrated manner and its application at the country level will proceed as follows:

The Programme’s overall strategy will be appropriately adapted for implementation in each of the four countries to ensure appropriateness for the stage of development and structures influencing women’s equality in relation to CEDAW. Consideration of key differences within the region – for example, some judiciaries are strong and others are weak; legislative structures and the extent to which women’s advancement has been legislated varies widely; the relationship between the government and NGOs, and the situation of women’s groups differs – will determine the appropriate emphasis to be placed on the programme’s various activities. Country-specific contexts will affect programme activities, particularly in relation to existing opportunities and the extent of the need for capacity building. Country situation reports will help in analyzing that context.

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Selection of the substantive area focus for the modeling will be guided by a number of factors, including forms of discrimination the CEDAW Committee has highlighted as of special concern in individual countries, areas in which women’s NGOs are currently focusing their efforts, areas in which governments have indicated some willingness to introduce change, such as through law reform, and areas in which where UN agencies and other actors have already begun initiatives providing the opportunity for synergy or follow through. Substantive areas that may be selected for modeling focus include, for example, domestic violence and sexual harassment at work; protection concerns of women in the informal sector, especially home-based workers and rural workers; and property rights and inheritance rights in marriage. Annex 1 provides an overview of considerations for each country that will guide the inception mission. Preliminary choices will be validated during the country inception mission that will define the individual country participation in the programme. Each of the 4 countries will select one substantive area where the programme will provide assistance to support execution of the integrated approach discussed earlier. In effect, the programme will undertake the modeling of how to effectively implement CEDAW in a selected substantive area at the country level.

The modeling activities will include the following:

1. Training activities will be conducted for the three state organs and organized civil society in each country on women’s human rights in the selected substantive area.

2. Technical assistance will be provided to assist the three state organs and organized civil society in each country to develop their ability to use CEDAW in promoting women’s human rights in the selected substantive area. Guidelines for each state organ and organized civil society will be prepared in the selected substantive areas and adapted to the situation of the concerned countries.

3. Regular sharing of lessons will be facilitated as the modeling is in progress by electronic dissemination through the SEA CEDAW regional website, linked websites of UNIFEM and other partners in the region, as well as during regional and national level monitoring and other meetings to be convened by the programme. In addition, there will be a documentation component for each modeling to provide materials for the preparation of guidelines in using CEDAW for promoting women’s human rights in selected substantive areas. The resulting material will be proactively disseminated to maximize its use among the participating countries, and across the region. The modeling of an integrated, multi-sectoral processes will give the key partners in the 4 countries participating directly in the modeling component exceptional hands-on experience of what changes are needed to bring into reality women’s equal rights through CEDAW implementation. This could serve as the start of the needed processes that they could continue with multi-sectoral cooperation. The programme experience is expected to also evolve a political commitment by the key stakeholders that could push for the continuation of the initiated processes to eventually achieve the goal of women’s human rights. Such programme experience could also give the key partners in these countries credibility in their commitment and capability in implementing CEDAW towards the realization of women’s human rights in order to get needed support from their respective governments, and development and donor agencies. The systematic documentation of the modeling to be undertaken in the 4 countries towards synthesizing the lessons generated, as well as, providing guidelines will be proactively discussed in the various forums scheduled by the programme for all

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participating countries both at country and regional levels. Additional funds could be brokered by the PMT to enable different country teams to learn from each other through study tours and more substantive exchanges on best experiences in strategies for CEDAW implementation using the three-pronged strategy. C. OBJECTIVES

Development objective:

The overall objective of this regional programme is to realize women’s human rights in seven South East Asian countries through more effective implementation of the Convention on the Elimination of all Forms of Discrimination against Women. Immediate Outcomes:

The programme has three Immediate Outcomes: (i) Improve awareness of women’s human rights and deepen understanding

of CEDAW by state organs and organized civil society groups, including women’s NGOs;

(ii) Strengthen the capacity of governments and organized civil society groups to promote women’s human rights under CEDAW at the national and regional levels; and

(iii) Generate a stronger political will for CEDAW implementation in support of women’s ability to claim their equal human rights.

Immediate Outcome 1: Increased awareness of women’s human rights and deeper understanding of CEDAW by: (1) state organizations, and (2) organized civil society groups, including women’s NGOs. Output 1.1 Increased recognition of state obligations under CEDAW and its importance for guaranteeing women’s human rights by State Parties, NGOs, and other civil society organizations in 7 countries. Activities

Conduct regional Training of Trainers (TOT) on CEDAW and the Optional Protocol for 7 countries.

Conduct national orientation training in 7 countries on CEDAW involving selected personnel from executive, legislative and judiciary branches of governments as well as civil society, including women’s NGOs.

Make diagnostic assessment of participants’ attitudes and knowledge about women’s human rights and CEDAW before and after each training of personnel from state organs.

Success Indicators

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1.1.1 Compliance with CEDAW is explicitly stated as a cross-cutting priority in selected national policy documents and court judgements.

1.1.2 Government personnel take more serious actions to comply with CEDAW reporting by setting a schedule of priority tasks.

1.1.3 Women’s NGOs and other civil society organizations make greater use of CEDAW and OP in their advocacy work.

Output 1.2 Increased understanding of Governments and organized civil society groups in 7 countries on women’s human rights situations and the extent to which discrimination persists. Activities

Conduct research and analysis to prepare country baseline reports on the situations of women’s human rights in 7 countries.

Share country reports in the region to facilitate learning on successes and failures in the implementation of CEDAW and in relation to the Optional Protocol.

Identify priority substantive areas for collaborative actions by State Parties and civil society, including women’s NGOs, in the context of the programme.

Success Indicators 1.2.1 The country baseline reports cited or used by governments and civil society

groups including media organizations refer to the situation of women’s human rights in the country.

1.2.2 Consensus reached on specific substantive areas for immediate action to improve the situation of women’s human rights.

Output 1.3 Legislation reviewed to identify actions needed to harmonize their legal system with CEDAW by Governments and civil society organizations in 7 countries. Activities - Conduct a review of laws, policies, judicial decisions and their enforcement,

with a focus on selected substantive issues. - Identify critical areas where legislative changes are required to conform to

CEDAW. - Establish a legislative agenda to harmonize selected laws and policies with

CEDAW.

Success Indicators 1.3.1. Amount of information on the review circulated widely. 1.3.2 Civil society, including women’s NGOs, is engaged in advocacy dialogues

with governments on identified policy/legislative issues. 1.3.3 Amendments around legislative agenda. Immediate Outcome 2

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Capacity of governments and organized civil society, including women’s NGOs, to promote women’s human rights under CEDAW strengthened at the national and regional levels. Output 2.1 Expertise of a core group of legislators, executives and judges strengthened in using CEDAW to help guarantee women’s human rights in selected substantive areas (e.g. domestic violence, property rights, citizenship rights, etc.) Activities - Create appropriate training modules and materials, and train trainers in the

selected substantive areas. - Using CEDAW Committee concluding comments, conduct training for

relevant government organs and agencies on specific issues highlighting their roles, responsibilities and obligations.

- Integrate gender and human rights training into standard training packages of government officials in selected countries.

- Facilitate inter-country learning and dialogue around selected substantive issues of common interest under CEDAW and the Optional Protocol.

- Provide technical assistance to relevant government organs and agencies to address priority issues in selected substantive areas and monitor follow-up implementation.

Success Indicators 2.1.1 Number of policies and programmes in selected substantive areas are more

gender responsive and rights based. 2.1.2 Judiciaries show greater willingness to consider the use of CEDAW as a

relevant standard. 2.1.3 Governments use an integrated approach for eliminating discrimination

against women in selected substantive areas. 2.1.4 Improved inputs of CEDAW country reports. Output 2.2 Expertise of an expanded set of civil society organizations including national and regional women’s NGOs enhanced in using CEDAW and Optional Protocol in selected substantive areas for their advocacy and monitoring work. Activities - Provide training and technical advice to women’s NGOs and other civil

society organizations for policy advocacy in selected substantive areas and the Optional Protocol.

- Facilitate the establishment of appropriate mechanisms at the national and regional levels to track progress in implementing CEDAW, especially in priority substantive areas.

- Facilitate regional and national dialogues between state organs, women’s NGOs and other civil society organizations on priority issues and the Optional Protocol.

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- Provide training and technical assistance to women’s NGOs and other civil society groups to advocate for and monitor CEDAW implementation and to prepare CEDAW shadow reports.

Success Indicators 2.2.1 Improved quality of shadow reports to the CEDAW Committee. 2.2.2 Appropriate mechanisms emerge to actively assist women in gaining access

to the legal, judicial and enforcement agencies of the government. 2.2.3. NGOs use CEDAW indicators and principles in their ongoing programmes. Output 2.3 An accessible, operational knowledge base established in the region with expertise on CEDAW implementation and the Convention’s norms in selected substantive areas. Activities - Develop the South East Asia CEDAW Internet Knowledge Network. - Hold expert group meetings on best practices in women’s human rights in the

selected substantive areas. - Document and develop manuals, case studies, etc., based on the modeling

experience in selected substantive areas. - Systematically document knowledge on best practices and posted on the

SEA CEDAW website. - Build capability by encouraging cooperation among regional NGOs working

on women’s human rights and other related activities, including training on documentation.

Success Indicators 2.3.1 The number of users accessing the SEA CEDAW website and its network

increases. 2.3.2 By the end of the project, resources mobilized for SEA CEDAW website

maintenance. 2.3.3 Learning and experiences on women’s human rights and CEDAW

implementation in general and in selected substantive areas are widely shared.

2.3.4 More technical expertise on CEDAW and its implementation is available in the region.

Output 2.4 Regional NGOs’ capacity to provide technical support to governments and non-government sectors in Southeast Asia strengthened and such organizations made more financially sustainable. Activities - Conduct institutional assessment of regional NGO partners working on

CEDAW and/or providing technical support on CEDAW. - Provide needed training for institutional strengthening including resource

mobilization management, facilitation and other skills in CEDAW training.

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Success Indicators 2.4.1 Adequacy and extent of implementation of organizational development plans

adopted by key regional NGO partners. 2.4.2 Level and security of financial resources of the key regional NGO partners. 2.4.3 Number of experts of key regional NGOs who can provide technical expertise

and/or services on CEDAW. Immediate Outcome 3 Stronger political will and commitment to CEDAW implementation generated/strengthened by popularizing CEDAW, and by helping to develop women’ s knowledge and capacity to claim their equal rights. Output 3.1 Increased awareness of CEDAW, its objectives and women’s human rights among the selected groups of general citizenry. Activities - Produce popular materials for specific target groups such as schools and

adolescent youths in national languages using various forms of mass media. - Develop strategies for sustained effort to increase awareness of CEDAW and

women’s human rights among the targeted groups of general citizenry. - Produce, disseminate and use popular material on women’s human rights in

selected substantive areas and develop mass media formats. Success Indicators 3.1.1. Schools begin to integrate CEDAW and women’s human rights into the

curricula and other educational activities 3.1.2. More people conscious that women do have human rights and what this

entails Output 3.2 Greater commitment to CEDAW implementation and timely reporting by State Parties. Activities 3.2.1. Training of State Parties on CEDAW reporting process including on data

collection, involvement of all government agencies and consultation with civil society.

3.2.2. Provision of technical assistance to help Governments establish and improve internal coordinating mechanisms to facilitate CEDAW reporting.

3.2.3. Provision of technical assistance to assist Governments to improve internal processes for CEDAW implementation.

3.2.4. Follow-up to the CEDAW Committee concluding comments with support from other government agencies and organized civil society as required.

Success Indicators

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3.2.1 Improved quality and timely submission of country reports to CEDAW Committee. 3.2.2 Government policies and programmes reflect consideration of relevant CEDAW principles. 3.2.3 Increased responsiveness of government when women present discrimination cases and reports of violations of their human rights. Output 3.3 Strengthened commitment by women’s NGOs and other civil society organizations to supporting women’s ability to claim their human rights. Activities - Provide training and support to allow NGOs to integrate CEDAW into their on-

going advocacy and other work. - Provide training and technical assistance to organized civil society groups

and NGOs to effectively advocate for and monitor CEDAW implementation and effectively advocate for the Optional Protocol and to prepare CEDAW shadow reports.

- Support civil society and NGOs to directly support women’s claims to human rights (paralegal aides, legal/human rights education).

Success Indicators 3.3.1 Increased number of campaigns on CEDAW and women’s human rights by

organized civil society, including women’s NGOs. 3.3.2 Organized civil society and NGOs have regular monitoring mechanisms and

indicators to support preparation of shadow reports on CEDAW implementation.

Output 3.4 Effective partnerships among governments, organized civil society and UN agencies for CEDAW implementation and monitoring formed/strengthened. Activities - Facilitate government and NGO collaboration for CEDAW monitoring

and assessment, including through the development of consensus on appropriate monitoring indicators.

- Hold roundtable discussions bringing governments, NGOs and individual CEDAW Committee members together before and after reporting to prepare for follow-up on concluding comments.

- Identify opportunities to involve UN agencies in supporting implementation and monitoring activities in their areas of comparative advantage.

Success Indicators 3.4.1 Consensus reached on monitoring indicators in selected substantive

areas. 3.4.2 NGOs take a stronger role in monitoring CEDAW implementation. 3.4.3 Number of joint activities by government and NGO to follow up to the

concluding comments.

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3.4.4 Number of opportunities identified and advocated with other UN agencies on CEDAW and the OP.

D. RISKS AND RISK MITIGATION

Expectations about the dynamics of cultural change

The realization of women’s human rights is a long-term objective requiring changes in entrenched socio-cultural values, norms and political preferences. The initiation and sustenance of the process of change toward fulfillment of women’s human rights should be considered an indicator that wide-ranging change is in process and will continue with the right support. Regular monitoring by government and civil society is required to ensure the process of change is ongoing. In many instances, the capacity of government agencies and NGOs will need to be strengthened if they are to play this key role. It should also be noted that high turnover of government functionaries in different positions can work against sustainable impacts.

Government failure to understand the relevance and application of CEDAW

Political will must be mobilized to implement CEDAW, and all relevant organs of governments must accept and understand the utility of the reporting process, as well as the need for structures that will ensure follow-up and implementation of recommendations included in the CEDAW Committee’s concluding comments. In many countries, there is an insufficient understanding of the ways in which CEDAW’s standards directly relate to Government policies and programs, or the proper effects of these standards. The legal review, the women’s human rights situation reports, and the training activities are designed to respond to this need. It is important to manage carefully the discussions on the above reports where a government might be sensitive or has reservations to minimize alienating partners in government. In addition, there could also be culture based resistance in the area of personal and customary laws, as well as in the recognition of women as rights holders. The exchange of expertise and information on applying CEDAW to selected substantive areas at the national level is necessary so that CEDAW’s relevance is recognized and the state’s obligations are accepted by state organs.

Misperceptions about the application of international human rights instruments

As CEDAW is a critical reference point for legal responses to instances of gender

discrimination, courts, judges, lawyers and law enforcement personnel require assistance to understand the relevance and applications of its provisions and principles. The legal review, the training manual and training activities will address these needs.

At the same time, human rights conventions such as CEDAW are commonly perceived exclusively as legal instruments to be used only by lawyers and judges. This misperception must be addressed in order to ensure that CEDAW is used as a powerful tool for changing government actions and NGO advocacy. The training manuals and training activities for the executive and legislative branches of government and for organized civil society will help to overcome this misperception.

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Establishing collaborative relationships between Governments and NGOs

Meaningful efforts to implement CEDAW have improved through cooperative efforts between Governments and NGOs in many countries, but cooperative relations cannot be assumed. Project activities will have to successfully negotiate the inherent and to some extent necessary tension between government and civil society in all rights based work. To help establish collaborative relationships, UNIFEM will apply the model it has developed in other regions for Government/NGO engagement, in which the CEDAW Committee’s concluding comments are used as the basis for constructive dialogue and collaboration between governments and NGOs.

Technical and linguistic obstacles to information dissemination

Access to Internet technology is uneven across the region, especially on the part

of civil society, including women’s NGOs. There is also considerable linguistic diversity within the region. Potential language barriers are of particular concern in relation to awareness raising and popularizing initiatives. For these reasons the programme will commit some budgetary resources to translation, especially mass media activities aimed at the general public. Learning materials can be accessed in a printed form as well as by Internet access.

Over-reliance on external expertise

A risk to the sustainability of CEDAW implementation initiatives is the lack of

serious technical expertise within each country and a related dependence on the importation of outside experts. It is essential to build regional and national expertise in this area, so the programme gives strong emphasis on the training of trainers who will constitute regional and national sources of expertise on CEDAW. However, it should be noted that the level of engagement and level of NGO willingness to develop CEDAW expertise are uneven across the region.

Institutional cultures/structures may not support the integration of CEDAW skills

There is a risk that responsibility for CEDAW implementation will be relegated to national women’s machineries. A clear lesson to be learned is that all relevant branches of a government and ministries must be engaged to contribute to implementation efforts to bring about meaningful equality at the national level. The trainings and consultations will therefore involve all relevant sectors of the government. In addition, attention will be given to including the civil service to avoid the risk of skill loss due to high rates of political turnover in many countries. Similarly, there is a risk that CEDAW knowledge and expertise will be narrowly located in women’s human rights NGOs. For this reason, the projects’ activities are designed to involve the participation of the broader civil society, including women’s NGOs wherever appropriate.

Operational and management risks

The programme is a complex one with geographical coverage spanning 7 countries in Southeast Asia. In order to simultaneously initiate the programme in these countries, work plans need to be drawn in detail. It is therefore crucial that during the inception of the programme, apart from consultations on substantive matters there should be consultations on management as well such as accountabilities and lines of communication. The programme will have to develop a

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responsive communications system with well defined regular reporting mechanisms among others. UNIFEM administrative, finance and personnel procedures are guided by the UNDP rules and procedures. UNDP provides administrative and financial support to UNIFEM on a cost recovery basis. Since UNIFEM ESEARO is a regional office and UNIFEM does not have country offices, UNIFEM utilizes the services of UNDP in almost every country in the region which is an economic and effective arrangement. However, because of the bureaucratic nature of a large organization such as the UN, occasional difficulties occur due to different interpretations of the UNDP rules and procedures by the country offices among others. It is therefore important that financial rules and regulations of UNDP, in particular, should be carefully studied and clarified to all the implementing partners as well as the regional and national programme staff. As well, the concerned staff of UNDP field offices in the 7 countries should also be briefed regarding this programme including the financial and other logistic support which will be required from UNDP.

E. INSTITUTIONAL FRAMEWORK (See Programme Management Structure, Annex 4; and TORs, Annex 5.) 1. Implementation

Global level

A Programme Steering Committee will be the decision-making body with ultimate responsibility for the management of the programme. The members of the Programme Steering Committee will be UNIFEM represented by the Asia-Pacific Section Chief and the Human Rights/CEDAW Adviser at headquarter, the Regional Programme Director for East and Southeast Asia (RPD- ESEARO) and the Programme Manager (PM); and CIDA represented by an officer from its headquarter. The Programme Steering Committee will meet twice a year.

An Advisory Committee will be created which will give substantive advice to the Programme Steering Committee and participate in designing the overall learning and evaluation framework for the programme. It will consist of representatives from CIDA, UNIFEM, UNDP Asia-Pacific Gender Equality Network (UNDP-APGEN), UN Division for the Advancement of Women (UNDAW) and the UN Office of the High Commissioner for Human Rights (UNOCHR). The Advisory Committee will have regular annual meetings as well as consultations on specific issues as appropriate.

Regional level The Programme Management Team (PMT) will be the operational body to be

located at UNIFEM ESEARO. It will consist of a Programme Manager (PM) as head, a Deputy Programme Manager (DPM) and a Finance and Administrative Assistant

(FAA).a The PM operates under the supervision of the RPD of ESEARO. As head of

a The procedure for recruitment of programme personnel will be guided by UN rules which include:

Defining terms of reference for each position.

Selecting the mode of recruitment and employment for specific positions. The Programme Manager will be recruited by Headquarter as an international staff using ALD contract (Activities Limited Duration). Other staff members will be recruited at the duty stations as local staff through UNDP using Service Contract.

Select a fully qualified candidate through a sound and competitive selection process of advertising the position and processing the applicants by a selection committee including interviews.

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the PMT, the PM will be responsible for substantive coordination and overall management of the programme and the Programme Management Unit (PMU) in each of the seven countries. The PM brokers for funds, liaises with major partners and makes decisions about contracts and sub-contracts under the supervision of the UNIFEM-ESEARO RPD and in line with established UN procedures. (For the terms of reference, please see Annex 5.1)

The Deputy Programme Manager (DPM) under the supervision of the Programme Manager will be responsible for day-to-day management of the programme. She will monitor implementation of country programme activities, including financial and administrative matters, and prepare reports. (For the terms of reference, please see Annex 5.2)

A Finance and Administrative Assistant (FAA) will be responsible for the day-to-day financial and administrative management of the programme under the supervision of the DPM. Both the DPM and FAA report to the PM. (For the terms of reference, please see Annex 5.3)

Within UNIFEM, the Regional Programme Director (RPD) for East and Southeast Asia will have overall accountability for the outcomes of the programme.

National Level

A Country Consultative Committee (CCC) will be set up in each of the seven countries and will consist of representatives from CIDA, UNIFEM, UNDP, the Government: legislative, executive (including national women’s machinery/relevant sectoral agencies covering the selected substantive areas) judiciary, women’s human rights commission, human rights commission, quasi governmental bodies; NGOs and other organized civil society groups active in promoting and supporting women’s human rights; and relevant academic/training institutions, such as faculties of law and women studies programmes.

A Programme Management Unit (PMU), under the direct supervision of the

Programme Manager, will manage programme activities at the country level in close partnership with government agencies, United Nations agencies, NGOs and other partners. Some programme activities will be implemented by the government and NGOs in partnership with the PMT while others will be sub-contracted. The PMU will also document country level initiatives. Personnel at the PMU will consist of a Country Programme Gender Expert/Coordinator (CPGEC) and a Country Programme Finance and Administrative Assistant (CPFAA).

At the regional level, organizations and consultants will be subcontracted to implement activities such as the training of trainers and developing the SEA CEDAW internet knowledge network. The subcontractors will be selected based on their technical expertise and delivery capacity and will be responsible to the PM for delivering the specific results expected from the activities for which they have been contracted. The selection of consultants and subcontractors to carry out various

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activities will be the responsibility of the PM, in line with United Nations policies and

procedures and under the guidance of the UNIFEM-ESEARO RPD.b

The PM and DPM will be responsible for analyzing and consolidating the

reports from the Country Consultative Committee and the Programme Management Unit in order to synthesize results and foster learning among project partners and countries.

UNIFEM HQ will support the PM through the Chief of Asia and the Pacific Section, who will provide management guidance and through the Human Rights/CEDAW Adviser, who will provide technical guidance, both through the RPD ESEARO.

Three mechanisms will be established to strengthen coordination:

1. The Programme Steering Committee will provide substantive direction and ensure that different components of the programme are coordinated and functioning as planned. It will also review and resolve bottlenecks in programme implementation. Implementing partners will participate in meetings of this Committee on an as-needed basis.

2. The Advisory Committee will meet at least once a year to give substantive advice. The meeting will provide the opportunity to draw lessons from the South East Asia programme and discuss implications for work globally and in other regions, as well as the opportunity to link programme activities with the ongoing work of the CEDAW Committee.

3. A Regional Consultation on CEDAW of South East Asian Stakeholders will be convened two times during the programme’s duration. The consultation will be a forum for learning, substantive discussions regarding progress, challenges and issues that have arisen, and how the programme can best respond. This can inform the direction of the programme as it develops over time. The consultation will be held in South East Asia and will include Governments; organized civil society, including regional NGOs and other organizations; UN agencies and other partners involved in this programme; CEDAW committee members from the region; and other bilateral and multilateral donors supporting work in this area. The Programme Management Team will be the secretariat for these meetings.

2. Linkages

The Programme Management Team at UNIFEM-ESEARO will link all the PMUs through the monitoring activities. A key opportunity for linkage will be the annual meetings among the CPGE/Cs with the PM at the UNIFEM Bangkok Office or other country venues.

The bi-annual meetings of the Programme Steering Committee and the annual Advisory Committee meetings will also provide opportunities for links related to coordination and management of the programme at the regional level with the Country Consultative Committees at the national level in the seven countries.

b In the case of institutional contracts the procedure will include:

defining terms of reference;

selecting appropriate institutional contract agreement;

inviting relevant institution to submit their “bid” (proposal for rendering services needed and qualifications);

select best “bid” using competitive process.

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Linkages involving the substantive aspects of programme implementation can also be established at the regional stakeholders’ consultation, regional-level training and sharing of all reviews and reports about women’s human rights situation in each country. Experience from the CEDAW project in China could be linked, if the timing is appropriate, through the regional stakeholder consultation meeting. The SEA CEDAW Internet knowledge network will create linkages by providing a means for sharing programme information and experiences among partners and other stakeholders in the participating countries as well as others in the region and globally. Various forms of mass media with regional coverage can be used to facilitate sharing of best practices and knowledge about CEDAW implementation, both in general and in selected substantive areas. Other United Nations agencies, which are undertaking related activities at the regional level and in some of the seven participating countries, will add indirectly through the results of their complementary activities. The CEDAW Programme will maintain links and have dialogues with agencies such as UNESCAP, UNDP, UNICEF, other donors and regional entities to coordinate activities and share lessons. Networking is the most significant way to create linkages at the national and regional levels by enabling governments, organizations and organized civil society to widely share their experiences and knowledge on best practices for eliminating discrimination against women.

F. MONITORING AND EVALUATION

Monitoring will be carried out in a coordinated way involving two levels of programme management. The Programme Management Team (PMT) at the regional level will have responsibility for ongoing monitoring of programme activities. There will be annual review meetings convened by the PM with the CPGE/Cs, as well as monitoring visits by the PM to each of the participating countries including to key regional NGO partners. The PMT will also set up a learning and evaluation framework with a system for ongoing generation and analysis of programme data. The information thus generated will be used for management decision as required. In addition to the PMT monitoring, the Programme Steering Committee will review, on a bi-annual basis, progress in project implementation and the results achieved. Based on the review, the Programme Steering Committee will provide guidance on substantive direction of the programme and address any bottlenecks affecting programme implementation.

At the country level, the Programme Management Unit (PMU), under the

direction of the Programme Manager, will be monitoring country-level programme activities in consultation with the Country Consultative Committee. There will be continuous feedback and periodic reporting from consultants and sub-contracted organizations who are implementing programme activities. They will report to the PMU where the CPGE/C will provide guidance for improving or revising programme activities.

CIDA will conduct its own annual monitoring of the programme. As well, CIDA will participate in the Programme Steering Committee at the global level, Programme

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Management Team meeting and stakeholder consultation meeting at the regional level and the Country Consultative Committee in each country.

During the four-year duration of the programme, there will be a mid-term evaluation and a final evaluation towards the end of the programme. G. PROGRAMME SUSTAINABILITY

UNIFEM approaches all of its work to support CEDAW implementation with the understanding that implementing the Convention is a long term process that requires not just discrete initiatives, but staged and strategic work to establish sound relationships and mechanisms that will bear fruit over time. CEDAW capacity building is a primary focus of this project, and many of the core activities have been designed for the expressed purpose of ensuring sustainability upon the project’s completion. Among the specific measures that will be taken are: The regional training of trainers, supported by the programme’s institutional

strengthening activities will generate a more sustainable regional NGO and national GO and NGO technical expertise on CEDAW thereby lessening the dependence of Southeast Asian countries on external experts in this field. Wherever possible, the participation of existing human rights and other training institutions will be actively pursued.

Through workshops and the generation of targeted analytical materials, national NGOs will also have been supported to integrate CEDAW into their other ongoing substantive advocacy work.

As a catalytic fund in the UN system, UNIFEM regularly and strategically seeks opportunities to mainstream its innovation and learning with partner UN agencies. Numerous examples of projects that have been replicated and scaled up by other operational funds and programmes exist, and this approach will be pursued in this project to ensure that our partner UN agencies can access all the learnings from the Programme and expand their support to CEDAW related initiatives in the region and globally.

Many of the resource materials that will be generated for and through the CEDAW Knowledge Network will take the form of basic “How-To” primers, which will be resource materials for capability building in CEDAW implementation.

It has been UNIFEM’s experience that where Governments, NGOs and CEDAW Committee members have been brought together for roundtable meetings to plan for the implementation of concluding comments, collaborative relationships develop between Government and NGOs which extend long past the event of reporting.

Once established, coordinating mechanisms within Government will provide ongoing support to CEDAW implementation and reporting efforts.

Once established, the regional consultation mechanisms will provide ongoing support for the exchange of best practices and successful strategies, as well as monitoring efforts.

It should also be noted that UNIFEM’s own CEDAW programming, above and

beyond the activities supported by this programme, will continue after the completion of the programme. Results and lessons learned from this programme will be shared and built into UNIFEM’s initiatives in other regions. Conversely, the innovations and resources generated by those other initiatives will continue to feed into work being done in the SEA region following the programme’s completion. Additionally, the strengthened more viable regional NGO partners working with CEDAW will also be continuing its work in the region.

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A number of UNIFEM’s innovative projects in areas such as violence against

women and gender budgets have been replicated by other UN agencies and governments. UNIFEM will actively promote similar replication of modeling by the programme. Discussions are already underway with UNDP-APGEN for possible collaboration in applying the learnings of this programme to countries in East Asia. H. THE PROPONENTS Suitability: Recipient Countries

The programme is directed towards helping to establish a solid groundwork at both the regional and national levels to support the implementation of CEDAW. The programme does not presume that a high level of engagement with CEDAW currently exists within these seven countries – very different approaches and activities would be envisaged in that case – but rather that there is sufficient capacity and commitment on the part of both Governments and NGOs to allow the activities outlined in the programme to be effective. The main enabling conditions in each country that will support this programme’s implementation are: that CEDAW has been ratified; that it has been ratified without the sweeping reservations that have in some instances effectively nullified ratification; that there are means by which CEDAW is given legal status within national systems; that Governments and NGOs have made efforts to engage in the reporting process; that NGOS have the interest in and ability to develop greater CEDAW expertise; and that the sectors of Government that have been allocated responsibility for promoting women’s equality recognize the importance of improving CEDAW implementation.

1. CEDAW Ratification All of the seven countries where this programme will be implemented have ratified or acceded to CEDAW. Becoming a State Party to the Convention is, in itself, an expression of political will and commitment to work to eliminate discrimination against women and, just as importantly, constitutes the undertaking of a binding legal commitment. Timor-Leste (East Timor) is the exception, as the state has just gained its independence in 2002. However, it has announced its intention to ratify all six of the primary international human rights treaties, including CEDAW. At least one country, Thailand, has ratified the CEDAW Optional Protocol. 2. Reservations to CEDAW

By attaching reservations to the ratification of or accession to the Convention, States indicate that they do not intend to fully implement all of the Conventions provisions. Globally, there are a significant number of States which have entered such wide-ranging reservations that their commitment to implementing the Convention is placed into serious question, but this is not a problem in the region. Cambodia, Indonesia, the Philippines, and Vietnam have not entered reservations to the Convention’s substantive articles, and Thailand has withdrawn most except two of its reservations. 3. CEDAW Reporting

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The submission of reports to the CEDAW Committee is another sign of commitment to implementing the Convention, and the reporting process is both a catalyst for implementation and a means of monitoring progress in eliminating discrimination. Countries are very frequently behind the schedule in submitting their reports, and the Southeast Asia region is no exception to this rule. However all countries in the region have made efforts to comply with the Convention’s reporting requirement. The CEDAW Committee has to date heard Vietnam’s 4th periodic report (2001), Indonesia’s 3rd periodic report (1998), the Philippines’ 4th periodic report (1997), and Thailand’s 3rd periodic report (1999). Cambodia and Laos are yet to submit reports to the Committee. Presently, they are engaged in preparations for reporting and have drafted their initial reports. As well, NGOs in the region have previously submitted shadow reports, and NGOs in the Philippines and Thailand are currently working to draft shadow reports. 4. Status of CEDAW in domestic law

CEDAW’s legal status is different in each country. In Indonesia CEDAW forms part of domestic law. In Laos it is presumed that international treaties, once ratified, form part of domestic law, but there is no provision in the Constitution determining how conflicts between national laws and treaty obligations are to be resolved. There are legal debates in the Philippines as to whether international law is automatically incorporated into domestic law, but it is clear that generally recognized principles of international law form part of the domestic legal system. The Cambodian constitution recognizes international human rights law, and allows its provisions to be enforced by the courts. CEDAW cannot be directly applied in Thailand’s courts. Vietnam recognizes international treaties as binding legal instruments in the domestic system, and they have as much validity as domestic legal provisions. The Constitution of Timor-Leste, which came into force in April 2002, provides that the international treaties to which Timor-Leste is a party will apply in the domestic legal system, and national laws that are inconsistent with them shall be invalid.

While international human rights law can, in different fashions, be recognized

as a relevant standard in judicial decisions, to date this has happened only infrequently, for example in recent decisions in the Philippines and Indonesia. For a number of countries in the region there are serious problems of inadequate judicial training and lack of judicial capacity, and unfamiliarity with international standards is one of the consequences. There are several initiatives planned and underway in the region to address this problem – and also to train and establish a judiciary for the State of Timor-Leste (East Timor) – and it will be important that this programme’s efforts familiarize the judiciary with CEDAW as a relevant international standard coordinate with broader training initiatives. 5. Government mechanisms

Cambodia’s Ministry of Women’s and Veterans’ Affairs (MWVA) comprises 9 departments: Planning, Public Information, Women’s Studies, Social Action, Education and Training, Health, Economic Development, Administration and Accounting. The MWA has provincial offices and Women in Development Centres in the 20 provinces of the country. In addition, the inter-Ministerial Committee chaired by the Minister of Justice to monitor all human rights conventions includes a sub-committee that focuses on CEDAW.

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In Indonesia, in addition to the Ministry for the Empowerment of Women, there is a National Commission on Violence against Women, which operates in consultation with women’s NGOs. The Commission is mandated to improve and coordinate government and NGO efforts to combat violence against women and to provide assistance to women.

In Laos, the Lao Women’s Union is both constitutionally mandated and politically endorsed to promote equal rights and the advancement of women, and plans are progressing for the development of a national women’s machinery.

In the Philippines, the National Commission on the Role of Filipino Women (NCRFW) has access to the highest levels of decision-making. It is composed of 10 government officials and 10 NGO leaders appointed by the President, and acts as an oversight body whose goal is to advocate for and coordinate gender mainstreaming into policies, strategies and programmes. Its activities include the facilitation of gender mainstreaming and gender budgeting, and monitoring compliance with laws on equal treatment.

In Thailand, the Office of the National Commission on Women’s Affairs (NCWA), advises and makes recommendations to the government on women’s issues. Its principal mandate is to strengthen the human infrastructure related to Thai women’s development, and it conducts activities in relation to policy and planning, law and politics, women’s organizations and participation, cooperation and coordination with government agencies and NGOs, research, and information and advocacy.

Following the 2001 general elections in Timor-Leste, UNTAET’s Gender Unit was transformed into Timor Leste’s Office of the Adviser for the Promotion of Equality and serves as the national focal point for women and gender equality. In Vietnam, the National Committee for the Advancement of Women (NCFAW) is responsible for coordinating ministerial programmes that affect women, and monitoring law reform, policies and programmes for the improvement of women’s status. Local committees have also been established under the NCFAW. UNIFEM has consulted with government representatives from across the Southeast Asian region regarding the development of a programme to support CEDAW implementation – including Cambodia’s Minister of Women’s and Veterans’ Affairs, Indonesia’s Assistant Deputy Minister of the Ministry for the Empowerment of Women, the Vice-President of the Lao Women’s Union and the Vice-Minister of the Lao Prime Minister’s Office, the Executive Director of the National Commission on the Role of Filipino Women, the Director of the Policy and Planning Division of Thailand’s National Commission on Women’s Affairs and representatives from the Prime Minister’s Office, representatives of Timor-Leste (East Timor)’s Ministry of Foreign Affairs and Cooperation, and the Director of Vietnam’s National Committee for the Advancement of Women – and all have expressed interest in receiving support and assistance for the implementation of CEDAW in their countries through such a programme. 6. NGO interest and capacity

There are vibrant and sophisticated women’s NGO communities in the Philippines and Thailand, whose work has been focused primarily in areas such as violence against women, trafficking, prostitution and employment. In the past there was not a great deal of interest in the use of international human rights standards. However, this has changed in recent years and a number of CEDAW training, research and monitoring activities have already been initiated. With Laos and

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Vietnam’s restrictions in the formation of local NGOs, the programme focus in these countries will be enhancing the capacity of the mass women’s organizations such as the Lao Women’s Union (LWU) and the Vietnam Women’s Union (VWU). Presently, the LWU is collaborating on a CEDAW monitoring initiative with a regional NGO.

The level of NGO familiarity and work with CEDAW in Cambodia is focused

on the improvement of political structures and seeking justice for past crimes. In Indonesia, especially in relation to discrimination in employment, Indonesia’s CEDAW Watch has undertaken a monitoring project on employment issues, and NGOs have cited CEDAW in employment cases brought before the courts. Organisations such as APIK (the Indonesian Women’s Association for Justice) have carried out research for monitoring, orientation and trainings. In Timor-Leste, there are numerous international and national NGOs that are currently working in the area of human rights and women’s rights, but local NGOs are not very familiar with international human rights treaties at present. The women’s caucus that was formed to promote women’s participation in the 2001 elections has since been converted to an NGO focusing on women’s rights. UNIFEM has consulted with the national NGOs from across the region who have been most centrally involved with work around the Convention regarding the development of a programme to support CEDAW implementation – including Cambodia’s Women for Prosperity, Timor-Leste’s Caucus of Women in Politics, Indonesia’s Convention Watch and the Indonesian Women’s Coalition for Justice and Democracy, The Philippines’ Women’s Legal Bureau, Thailand’s Women and Constitution Network and Global Alliance Against Traffic in Women, and Vietnam’s Center for Family and Women Studies – and they have all expressed their enthusiasm for participating in such a programme. At the regional level, the Asia-Pacific Resource and Research Centre for Women (ARROW) and the International Women’s Right’s Action Watch – Asia Pacific (IWRAW-AP) among others were consulted during the development of this programme proposal. These and other regional NGOs will be invited to bid for the implementation of regional components of the programme. Suitability: UNIFEM UNIFEM’s Work for Women’s Empowerment and Gender Equality

The United Nations Development Fund for Women (UNIFEM) was established by the United Nations General Assembly to play an innovative and catalytic role in the promotion of women’s empowerment and gender equality. Since its creation in 1976, UNIFEM has supported numerous projects and initiatives throughout the developing world that promote the political, economic and social empowerment of women. These have ranged from small grassroots enterprises that improved working conditions for women, to public education campaigns, and the promotion of new gender-sensitive laws and national action plans for women’s advancement.

UNIFEM is in the business of bringing about systematic change that will lead to women’s economic and political empowerment. To this end, UNIFEM’s first Strategy and Business Plan identified the promotion and realization of women’s rights as a major focus of the organization’s work. In 1999 the United Nations General Assembly reinforced UNIFEM’s mandate in relation to the promotion of women’s human rights, and CEDAW in particular, encouraging UNIFEM to “continue to assist Governments in implementing the Convention on the Elimination of All

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Forms of Discrimination Against Women in order to advance gender equality at all levels, including by reinforcing the cooperation between Governments and civil society, especially women’s organisations” (Res. 54/136)

UNIFEM’s Strategy and Business Plan 2000-2003 identifies the promotion of women’s human rights as a primary focus of the organization’s work. It has also directed, more specifically, a strengthened focus on ensuring understanding and implementation of CEDAW, and greater investments in developing tools, processes, and national capacities to assess progress and accountability on CEDAW commitments.

The Fund’s business of engendering systemic change is undertaken in three distinct contexts:

1) Building the capacity of women’s organisations. One of the great successes of UNIFEM has been the fostering of networks and linkages that contribute to women’s empowerment, policy reform and gender-sensitive development. In its role as broker, funds from UNIFEM have been used to strengthen women’s capacities in networking, disseminating information, advocacy and management.

2) Working with Governments at the country level. UNIFEM seeks to ensure that gender concerns are incorporated into mainstream policies and programmes at local and national levels. UNIFEM brokers relationships between Governments and women, thereby building common ground between Governments and women’s groups.

3) Playing a catalytic role within the United Nations system. UNIFEM works closely with other United Nations women’s programmes and participates in United Nations advisory groups, committees and task forces to provide substantive inputs and to ensure that a gender mainstreaming approach is taken into consideration. Programmatic cooperation with operational agencies such as the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), and the United Nations Children’s Fund (UNICEF) is especially important at the field level, where the greatest opportunities lie.

As a result of the Fund’s strategic position within the United Nations system

and with its strong linkages to women’s organisations and Governments, UNIFEM is able to mediate between women, Governments, the United Nations system, and, increasingly, the private sector. The work of UNIFEM consists of bringing the reality of women’s lives at the local level “upstream” so that they become a factor in policy-making and economic decisions at the governmental level, in corporate decision-making and within the global consensus forged through United Nations mechanisms. UNIFEM’s work in Southeast Asia

Through its presence in Southeast Asia for more than a decade, UNIFEM has built strong partnerships with Governments (particularly planning agencies, national statistics offices and the National Women’s Machineries) and NGOs. Support to gender mainstreaming and strengthening NGO advocacy in the region over the past fifteen years has covered Cambodia, Indonesia, Lao, Philippines, Thailand, Timor-Leste and Vietnam focusing on both capacity building and the development of institutional frameworks.

In Cambodia, UNIFEM was instrumental in supporting women’s political empowerment through participation in elections, constitution-drafting and governance in general.

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In Indonesia, UNIFEM has been a major support in strengthening government capacity for gender mainstreaming. Recently, UNIFEM executed a UNFPA project on Government and NGO partnership for eliminating violence against women. The project involved legislative reviews by working groups consisting of Government and NGO representatives. The dialogue and partnership that UNIFEM facilitated between the Government and NGOs in this project has resulted in the adoption of the National Plan for the Elimination of Violence against Women.

In Lao PDR and Vietnam, UNIFEM has worked with the Women’s Unions to build their capacities to support gender mainstreaming. As a result of UNIFEM support for gender mainstreaming in Laos, a national machinery for women, to be known as the National Commission for the Advancement of Lao Women (NCAWLao) in Lao PDR, has been created and is in the process of being officially proclaimed.

In the Philippines, UNIFEM supported the National Commission on the Role

of Filipino Women (NCRFW) in the formulation of the Philippines Development Plan for Women (PDPW) 1989-1992, launched by the President in 1988. This plan provided a framework for mainstreaming the participation of women in nation building. UNIFEM has also supported the NCRFW to establish, support and monitor Women in Development Focal Points to oversee implementation of the PDPW in six critical governmental agencies, and has been providing technical support to NCRFW on an on-going basis. Collaboration with NCRFW on gender sensitive budget analysis at the national level is in progress.

In Thailand, UNIFEM supported the establishment in 1990 of the Gender and Development Research Institute (GDRI). The GDRI is a non-partisan, non-profit, private organization active in policy research and policy advocacy on issues that affect Thai women’s lives and welfare, including mainstreaming women in the political agenda and involving women in the decision-making process. The GDRI, with UNIFEM support, was successful in having women’s equality enshrined in the new Thai Constitution. UNIFEM also supported a process for the formation of the Thai Women Parliamentarian’s Club as a “women’s caucus” in Parliament which has been pushing the issue of elimination of violence against women, through a draft Domestic Violence bill, into the political agenda. In Timor-Leste, UNIFEM supported the women and their organizations’ ability to participate in the peace process, drafting of a constitution and in nation building with the coming of independence. UNIFEM’s CEDAW Programme

UNIFEM has committed itself to integrating a rights-based approach in its programming, and to make CEDAW an entry point to and pivotal part of its rights work. To this end, UNIFEM began programming around the Convention in a concerted and global manner in 1998 – the same year in which the CEDAW Committee urged UNIFEM to “become to CEDAW what UNICEF is to the rights of the child”. Through projects that have been initiated across the developing world, UNIFEM has consolidated a wealth of experience around the Convention, and is now recognized by Governments, NGOs, UN partners and the CEDAW Committee as an important presence in relation to the promotion of the Convention as a tool for achieving gender equality and women’s human rights. Specifically regarding activities in the Southeast Asia region, UNIFEM has an MOU with UNICEF to provide technical support for the work UNICEF pursues to further CEDAW implementation at the country level.

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UNIFEM’s CEDAW Programme has focused on building capacity for both

Governments and NGOs in Africa, Asia-Pacific, Latin America, the Caribbean, and CEE/CIS, in relation to CEDAW awareness raising, advocacy, monitoring and implementation. Through these activities, UNIFEM has honed its expertise in using the Convention as a catalyst to bring constituencies together, playing an important brokering role by establishing processes that bring together all of the expertise and knowledge available within a country – from community groups, to NGOs, to Government representatives, to independent experts, as well as CEDAW Committee members – for meaningful engagement in discussion and collaboration to implement the Convention.

Activities the CEDAW Programme has recently supported include workshops for judiciaries, media campaigns, the production of Shadow Reports to the Committee, trainings for young women’s organizations, translation of the Convention into local languages, and CEDAW monitoring networks. Among the programme’s highlights: “Global to Local” training workshops

For the past six years, in collaboration with the International Women’s Rights Action Watch Asia-Pacific (IWRAW/AP), UNIFEM has organized annual “Global to Local” training workshops during the sessions of the CEDAW Committee. The trainings are provided to women’s human rights activists from the NGO community whose countries are reporting to the Committee, and are conducted by a team of international human rights experts and experienced NGO advocates. The trainings build the participants’ familiarity with the CEDAW Committee’s working methods, facilitate the provision of their input into the Committee’s session, through, inter alia, Shadow Reports, and deepen their understanding of the Convention as a key organizing tool in advocating for women’s human rights. Among the more long-term outcomes the Global to Local trainings have produced: 1) an expansion of the pool of experts who understand the principles of the Convention, and how to engage with the CEDAW reporting process to achieve gender equality at the national level; 2) an informal international network of women’s rights advocates for the exchange of successful strategies and lessons learned in furthering the implementation of the Convention; 3) an expansion of the base of information available to CEDAW experts to assess States parties’ reports, and, as a consequence, the enhancement of States parties’ understanding of what implementing the Convention requires in their countries. 4) Government recognition of women’s rights advocates as important partners and information bearers in the implementation of the Convention. Facilitating Government/NGO dialogue

In several regions, UNIFEM has played an important brokering role in bringing together Government representatives and NGO advocates for consultations to discuss the Convention, and concluding comments of the CEDAW Committee. Members of the CEDAW Committee have enthusiastically participated in the meetings, lending their expertise and encouragement for collaborative efforts. These meetings have proven to be invaluable tools for promoting dialogue between Governments and NGOs, establishing strategies for the implementation of the Committee’s concluding comments, and identifying areas for productive NGO/Government cooperation around the Convention.

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UNIFEM has sponsored these dialogues in India, the Maldives, Sri Lanka, Kazakhstan, Uzbekistan and Russia with significant results. The capacity of all parties to understand their respective roles, obligations and possibilities in relation to the Convention has increased. In a number of countries, the meetings have led to the creation of joint Government/NGO CEDAW taskforces, support for the ratification of CEDAW’s Optional Protocol, and to the creation of National Plans of Action on CEDAW which have included the revision of laws and drafting of new laws to ensure conformity with CEDAW. Production and dissemination of materials

UNIFEM has produced numerous Convention related materials – including interpretive guides, translations of the Convention, videos, radio spots, collections of good practices and training materials – to support greater understanding of CEDAW’s principles, its relevance in concrete terms to women’s lives, and of how it can best be applied to achieve gender equality.

Among the materials generated most recently:

In 1998, UNIFEM published Bringing Equality Home: Implementing the Convention on the Elimination of All Forms of Discrimination against Women. In this book, UNIFEM documented the dynamic process in which women around the world are using the Convention to make gender equality and non-discrimination for women a reality in national constitutions, court decisions, government policies and public awareness. The publication was released in English, Spanish and French, and later translated into Russian.

Turning the Tide: CEDAW and the Gender Dimensions of the HIV/AIDS Pandemic was published by UNIFEM in 2001, to contribute to understanding of how CEDAW’s rights framework can be put to use to address the HIV/AIDS pandemic from a gender perspective. It is intended to be a resource for National AIDS Councils, HIV/AIDS activists, women’s human rights activists, UN partners, and others who are doing work in this area, and was enthusiastically received by the CEDAW Committee. A training manual has been developed by UNIFEM in Western Asia which addresses the challenge of negotiating potential conflicts and inconsistencies between CEDAW and Shari’ah law. Through an innovative, participatory process, the manual has been composed and revised over a period of time, in the course of a series of trainings of trainers. It has benefited from cumulative regional expertise on the complementarity of CEDAW and Shari’ah law, with different groups of gender and rights experts contributing to the manual’s development in each of the countries in which the training has been conducted.

UNIFEM is currently developing a CEDAW Indicators Guide, scheduled for release in the fall of 2002. It responds to demands from our offices in the field, women’s NGOs and national women’s machineries for simple and clear standards that can be used to monitor State progress in implementing the Convention. The Guide provides a set of indicators with global application, as well as a framework for developing more context-specific indicators at the national level. Creating a community of support for the Committee UNIFEM has developed a productive working relationship with the CEDAW Committee. UNIFEM has enhanced the Committee’s work at the national as well as

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global levels, by providing support to the production of Shadow Reports, supporting the presence of women’s NGOs at the Committee sessions, and supporting a flow of alternative information to the Committee to assist in their assessment of State Party Reports. UNIFEM has also worked to ensure that the Committee’s expertise and authority are incorporated into initiatives at the national and regional levels, by facilitating the participation of Committee members in key roundtables, consultations and workshops.

I. PLANNING FOR THE DETAILED PROPOSAL

UNIFEM’s mandate is to serve as a catalytic and innovative fund to benefit women in line with national and regional priorities. As such, UNIFEM has already supported innovative projects in the area of governance and economic rights in the SEA countries which would participate in this project. It has supported CEDAW related initiatives in several of these countries, including a monitoring network project and support for the participation of Governments and NGOs in the reporting process. Through this work, UNIFEM has developed close partnerships with national machineries and women’s NGOs in the region.

The SEA CEDAW implementation programme will provide the opportunity to develop a regional model to improve CEDAW implementation and monitoring. The SEA model will involve a strengthening and deepening of UNIFEM’s existing work, and will further the regional approach to implementation to which UNIFEM is committed. As well, the programme benefits from UNIFEM’s other programming – the ongoing work in our CEDAW projects around the world have informed the development of this proposal, and will also support the programme’s implementation.

Two sets of meetings were held in August and December of 2001, between UNIFEM’s CEDAW and Asia Pacific sections, and CIDA, during which possible modes of cooperation between CIDA and UNIFEM were considered, and the framework for the programme was agreed upon. A concept paper was drafted by UNIFEM on the basis of these meetings, which was circulated within CIDA. As was also agreed in these meetings, UNIFEM proceeded to organize a consultation in Southeast Asia to discuss the proposed programme with stakeholders and potential partners.

The consultation meeting was held in Bangkok on February 16-18 2002, attended by representatives of national women’s machineries and national NGOs from each of the seven countries the programme is intended to serve, ARROW, Asian Center for Women’s Human Rights (ASCENT), Global Alliance Against Trafficking in Women (GAATW), and IWRAW Asia Pacific, a member of the CEDAW Committee, UNIFEM personnel from the New York Headquarters and the Regional Office in Bangkok, the Coordinator of UNDP’s Asia-Pacific Gender Equality Network, Head of WID Section of UNESCAP and CIDA’s Senior Project Manager and Gender Equality Specialist for Southeast Asia. The concept paper was circulated to all participants in advance of the meeting.

The consultation was designed to accomplish the following purposes:

Reaffirm the Governments’ and NGO partners’ commitment to working with UNIFEM on CEDAW implementation, specifically in relation to the proposed programme.

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Obtain our partners’ confirmation that the concept paper properly identified the next steps needed to support CEDAW implementation in the region.

Further develop and fine-tune the activities outlined in the concept paper, to ensure that they fit with and build upon existing work and strengths at the regional and national level, and respond to what are perceived as the most pressing challenges and greatest opportunities for CEDAW work in the region.

Begin some of the discussions and exchanges needed regarding the collaborative work that is necessary between governments and NGOs in this programme.

Participation in the consultation was enthusiastic and productive. All potential

partners expressed a high degree of interest in becoming involved in the programme, and agreed that the concept paper formulated an appropriate framework for CEDAW work in the region. Discussions of challenges and opportunities in each country led to the identification of ways in which programme activities could be elaborated and fine-tuned to overcome potential obstacles, with respect to matters such as linguistic divides, high turnover rates within government, and uneven ITC access. Very helpful analytic discussions, facilitated by the presence of a CEDAW Committee member, IWRAW Asia Pacific and other regional NGOs, further developed the participants’ own understandings of the process of CEDAW implementation and their roles in this process. Not only did participating Governments and NGOs clearly recognize the need for their collaboration in efforts to implement the Convention, some of this work began within the context of consultation, as individual NGOs and Governments came together to discuss ways of working together.

Preparation for the detailed proposal following the consultation took the form of: continued communication with individual participants regarding project design; further discussion with CIDA representatives; the receipt of background papers commissioned on human rights and gender issues in the countries to be covered by the project; and extensive discussions within UNIFEM – involving all thematic and regional advisors, the Executive Director and Deputy Director of Programmes, and the Asia-Pacific Regional Office in Bangkok – regarding the contents of the detailed proposal in preparation for its submission to UNIFEM’s own Project Approval Committee process. J. TIME FRAME K. BUDGET