AWD Report 2020
1.2. Laws, Policies, Strategies/National Action Plans Most countries adopted constitutional provisions during the AWD that are considered important in promoting women’s economic empowerment and fighting poverty. These include the right to work and the right to equal remuneration for equal work, and proscribe prohibition to eliminate discrimination in employment based on gender. The 2016 Constitution of the Central African Republic guarantees every citizen the right to work. It also states that all citizens are equal concerning employment and that no one can be discriminated against in their work or employment (Article 11).486 Similarly, the 2010 Constitution of Madagascar and the 2014 Constitution of Egypt also guarantee the right to work and protection against discrimination. The 2011 Constitution of South Sudan gives women the right to equal pay for equal work and other related benefits with men (Article 16).487 Similarly, the 2018 Constitution of Comoros and the 2019 Constitution of Sudan guarantee the right to equal remuneration for equal work. In the West African region, the 2016 Constitution of Côte d’Ivoire guarantees the right to property, and protection against discrimination in employment based on gender.488 The Constitution of 2013 (rev. 2017) of Zimbabwe stands out. It articulates that all women have the right to equal remuneration for similar work and to fully paid maternity leave for a period of at least three months.489 In terms of fighting poverty, the 2010 Constitution of Angola articulates that among the fundamental tasks of the state is to promote the eradication of poverty, create conditions for the effectively implementation of the economic rights of every citizen and promote equal opportunities irrespective of gender.490 Throughout the AWD, African countries adopted legislation that in at least one way or another sought to improve women’s economic empowerment. In Gambia, the Women’s Act of 2010 prohibits gender discrimination in employment. Guinea adopted Law 2016/59 in 2016 prohibiting discrimination in access to credit based on gender. Several countries adopted legislation specifically providing paid maternity leave and protecting expectant mothers in the workplace. The 2012 Niger Labour Code also provides women with 14 weeks of maternity leave and protects them from being fired as a result of pregnancy.491 In Egypt, the 2016 Civil Service Act grants benefits to working mothers and extends maternity leave from three to four months.492 In Rwanda, Law No. 003 of 2016 establishes the right to 12 weeks of maternity leave with full pay “during which a monthly compensation equivalent to the worker’s last salary shall be given.”493 The 2019 Employment Code Act of Zambia guarantees women 14 weeks of paid maternity leave and protects against dismissal in connection with maternity leave. Some countries also provide for paid paternity leave. Rwanda establishes four days of paid paternity leave under Article 2 of Ministerial Order No. 3 of 13/7/2010.494 Many countries have also adopted legislation concerning sexual harassment in employment. In Algeria, Law No. 15–19 of 2015 prohibits sexual harassment in employment and provides criminal penalties in Article 6.495 The Anti-Sexual Harassment and Anti-Gender Discrimination Regulation of Tanzania of 2013 aims to prevent sexual harassment in the workplace. It requires employers to establish, publicise and enforce anti-sexual harassment policy that explains the procedure to be followed by employees who are victims of sexual harassment.496 The Sexual Harassment Regulations 2012 of Uganda require that each workplace put in place a sexual harassment policy and a committee to review cases reported.497 Other countries sought to remove barriers to women starting businesses and discriminatory practices in inheritance. In DR Congo, Law No. 16/008 of 2016 removes the marital authorisation for a married woman to undertake business and the obligation imposed on the spouses to agree on any legal deeds containing mutual obligations to them, whether individually or collectively.498 In 2017, the Egyptian government amended the Inheritance Law (Law No. 219), which imposes stricter sanctions on persons who withhold a legacy from those who have the right to inherit. It is believed that the law will have a positive impact on women’s rights to inheritance.499 Some countries have taken important steps to institutionalise gender-responsive budgeting. Ethiopia has adopted Finance Proclamation No. 970/2016, requiring sectors to integrate gender perspectives into the preparation of budget programmes.500 Uganda passed the Public Finance Management Act in 2015; this mandates all sectors, ministries and local governments to plan and budget in a gender- and equity-responsive manner to be issued a certificate of compliance.501
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