8 minute read
1.2. Laws, Policies, Strategies/National Action Plans A. REGIONAL ANALYSIS .......................................................................................................................................................................... 100
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.
Advertisement
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
Rwanda has adopted Organic Law No. 12/2013/OL of 2013 on State Finances and Property. This states that a mandatory annexe must accompany the budget framework paper, one of which is the gender budget statement.502
The majority of States reviewed adopted policy measures that address the goals of the AWD in terms of economic empowerment and poverty for women and girls both broadly and specifically. Several countries have implemented strategies to promote women and entrepreneurship. The 2016–2021 National Policy on Micro, Small and Medium Enterprises of Namibia promotes women’s entrepreneurship, especially in sectors with high levels of female participation, and seeks to maximise their economic contribution. 503 The 2016 Policy on Employment of Mozambique promotes training opportunities for women to take on more traditionally male jobs.504 Lesotho also adopted a Micro, Small and Medium Enterprises Policy in 2016.505 In 2010, Gabon adopted the National Gender Equality and Equity Strategy. This emphasised providing women with equal opportunities, including in receiving employment and employment training.506 The National Strategy on Developing the Private Sector 2015–2019 of Mauritania included aspects on reducing disparities between women and men in the private sector.507 The Industrial Strategic Plan 2013–2025 of Ethiopia seeks to increase employment opportunities for women, prioritising labour-intensive, women-dominated sectors such as textile and garment industries.508 In 2016, the Strategy of Institutionalising Gender Equality of Morocco established that women and men had equal rights to any position and opportunities in public service.509
Countries such as Botswana (Poverty Eradication Programme 2011),510 Mozambique (Poverty Reduction Action Plan 2011–2014) and Mauritania (Accelerated Growth and Shared Prosperity Strategy 2016–2030)511 have all adopted strategies aimed at reducing poverty and increasing opportunities for women. Gambia’s Gender and Women’s Empowerment Policy 2010–2020 identified priority areas such as poverty reduction and economic empowerment and aimed to ensure equal employment opportunities and benefits for women, men and youth and the elimination of gender disparities, including in access to credit512 .
During the Decade, important judicial rulings in Ghana and Eswatini improved women’s economic empowerment, in particular concerning the right to property and protection against discrimination. In 2010, the High Court of Eswatini ruled that the government must amend the 1968 Deeds Registry Act by making it possible for a Swazi woman to register immovable property, like a home or business, in her name.513 In 2011, the Supreme Court in Ghana ruled, in Mensah v Mensah, that property acquired during a marriage was joint property. Ownership should no longer be dependent on the principle of substantial contribution, and a spouse may be entitled to an equal share in the said property, where it is equitable and just.514 In 2014, the Labour Court of Lesotho, in Makafane v Zhongxian Investment Pty Ltd., ruled that dismissal on the grounds of pregnancy constituted unconstitutional discrimination.515
Countries such as Benin, Kenya, Morocco and Sierra Leone have created opportunities to increase financial resources and promote entrepreneurship. In 2014, the Government of Kenya established the Uwezo (Ability) Fund to empower youth, women and persons with disabilities by providing interest-free loans (up to US$5,682) to help with start-up capital to establish small and micro businesses.516 In 2019, the Government of Benin created a fund to support the financing of micro, small and medium-sized enterprises and the promotion of female entrepreneurship.517 In Morocco, Your Guarantee Fund, MAD 81.5 million (USD 9,130,355.35) in loans was made available to finance 236 new enterprises run by one or more women.518 In Sierra Leone, the Ministry of Finance approved Le 2 billion for the Women’s Empowerment Fund in the 2019 budget. .519
The Equal Opportunity Commission (EOC) in Mauritius, established in 2013, aims to eliminate discrimination and promote equality of opportunity. Its mandate includes investigating complaints of discriminatory practices, sexual harassment and denial of human rights from any person. It also seeks reconciliation with parties and, if needed, refers cases to the Equal Opportunity Tribunal.520 Meanwhile, the Egyptian Financial Regulatory Authority has issued Decrees 123 and 124, which state that at least one woman should be represented on the boards of financial companies.521
The Government of Burkina Faso established a Special Job Creation Programme for Youth and Women, implemented for the period 2012–2014, to promote youth and women’s employment in rural and urban areas. The programme targets areas for the economic empowerment of women and incentives for job creation by SMEs.522
