Make Every Woman Count
2.2 Trends in Legal, Policy and Institutional Reform 2.2.1 Legal Reforms Most East African countries adopted legislative reform during the Decade that promotes women’s economic empowerment and entrepreneurship, such as the right to equal remuneration for work of equal value. South Sudan’s Civil Service Act of 2011 guarantees women and men in public and civil service equal rights in recruitment, promotion and remuneration and prohibits discrimination.570 The country also passed the Labour Act in 2017, which guarantees equal pay for equal work.571 The 2011 Employment Regulations of Uganda guarantee equal rights to and protect women and men in employment.572 In Rwanda, Law No 66/2018 of 2018 guarantees equal rights to employment and remuneration for equal work for men and women. Some East African countries have also implemented laws to protect women in the workplace. In 2019, Mauritius adopted the Workers’ Rights Act. This prohibits discrimination in employment based on, among others, gender, sex, sexual, marital or family status, and pregnancy, that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.573 In 2018, Rwanda passed Law No. 66/2018, which protects against workplace discrimination and prohibits sexual harassment. The Labour Act of 2017 in South Sudan guarantees protection against discrimination based on sex and prohibits sexual harassment. Moreover, the Act requires an employer with 20 employees or more to issue a policy statement on sexual harassment.574 In Tanzania, the Anti Sexual Harassment and Anti Gender Discrimination Regulation of 2013 was established, enforcing employers to follow anti-sexual harassment procedures.575 Uganda adopted the Sexual Harassment Regulations in 2012, which mandate employers to have a sexual harassment policy in place and a committee to address reported cases.576 Other legislative reforms adopted during the Decade include measures to combat poverty and increase women’s access to funding. In 2016, Mauritius adopted the Social Integration and Empowerment Act, which aims to combat absolute poverty by setting up programmes and schemes for persons living in absolute poverty to support and help them integrate into mainstream society and improve their quality of life in a sustainable manner.577 In Tanzania, an amendment to the Local Government Authorities Financial Act of 2018 requires these entities to set aside funds to provide “interestfree loans to registered groups of Women, Youth and Persons Living with Disabilities.”578 Three countries (Ethiopia, Rwanda, and Uganda) implemented GRB legislation during the Decade. In 2016, Ethiopia institutionalised GRB through Proclamation No. 970/2016.579 Furthermore, Proclamation 1097/2018 requires all government institutions to address women’s issues in laws, policies and development programmes and projects.580 Rwanda adopted Organic Law N° 12/2013/OL on State Finances and Property to enforce GRB in 2013. This requires all budget agencies to submit a gender budget statement annually to engender planning, budgeting, implementation and reporting processes.581 Uganda’s Public Finance Management Act 2015 mandates all sectors, ministries, departments, agencies and local governments to plan and budget in “a gender and equity responsive manner.”582 Six East African countries (Ethiopia, Kenya, Mauritius, Rwanda, Seychelles and South Sudan) adopted legislation providing paid maternity and paternity leave during the Decade. In 2019, Ethiopia passed Labour Proclamation 1156/2019, which gives mothers 120 days of paid leave and fathers three days of paid leave.583 South Sudan’s Labour Act of 2017, Section 64, gives women 90 days of paid maternity leave and fathers 14 days of paternity leave.584 Kenya’s 2012 Employment Act entitles mothers to three months of maternity leave with full pay and fathers to 14 days of paternity leave with full pay.585 Other countries have taken steps to improve conditions for working mothers. In Tanzania, an amendment to the Employment and Labour Relations Act No. 6 in 2017 increased the number of “breastfeeding hours for employed mothers.”586 In 2019, Kenya amended the Employment Act to guarantee parents who adopt a child full paid leave. Under this Act, women are entitled to three consecutive months of pre-adoption leave with full pay from the child’s date of placement, and male employees two weeks of leave with full pay.587
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