GENDER EQUITY


1. Introduction CONTENT

As described in the Governance Action Plan and as part of its commitment to the promotion of human rights, the Royal Government is focusing its efforts on the two groups of the population most at risk in Cambodiafs society: women and children. These issues permeate every aspect of the Governmentfs reform efforts but they warrant better focus in and of themselves. Much progress has been achieved in the past few years; however, much remains to be done. The Government established the Ministry of Womenfs and Veteransf Affairs to better focus efforts and to be a catalyst, and advocate for the promotion of women and children rights. The Ministry is currently implementing its first Five Year Strategic Plan gNeary Rattanak: Women Are Precious Gemsh. A law on the Suppression of the Kidnapping, Trafficking and Exploitation of Human Persons was promulgated. Numerous seminars and workshops have been organized to better inform and sensitize decision makers and the population on ways and means to address issues of particular interest to women and children. 

Improving the situation of women and children is central to the Governmentfs strategy to alleviate poverty. Issues of attention could be grouped into six priority areas: health (e.g. primary health care and particularly reproductive health), education (e.g. access to primary and secondary schooling, vocational and technical training both formal and informal), legal protection (e.g. making the legal system more sensitive to gender equity, curbing violence against women), socio-economic development (e.g. the active and full involvement of women as partners in the development of the country), advocacy (e.g. mainstreaming gender concerns and women as socio-economic agents, public awareness) and capacity building (e.g. strengthening the ministry and women organizations). 

Governance issues and challenges

The Ministry has launched gBuilding together – Toward Achieving Gender Equity and Social Developmenth, a four year program which seeks to enhance its capacity to incorporate gender concerns and principles in policy formulation and development programs and projects with due regard to equity, justice and the improvement of the quality of life for all Cambodian citizens. It is now being implemented in collaboration with other line ministries. 
(1)  Implementing and coordinating programs to promote the rights of women and children.
(2)  Influencing the various programs to reform the State so that they fully take account of the particular needs
      of women and children.
(3)  Recognizing womenfs contribution as full-fledged members of society
(4)  Investing in the leadership role of women: Increasing the number of women both in the judicial and the
      administrative apparatus is one of the critical goals of MWVA in order to achieve more gender-balanced and
      equitable policies and laws for improving the status of women.

2. Summary of Progress

CONTENT

The following summary of progress was prepared in February-March 2002 as the basis for further NGO discussions on the reforms. 

Short-term actions have been completed, and long-term actions are well under way. 

The progress report in the matrix below was prepared by the General-Secretariat of the Council for Administrative Reform (CAR) GAP monitoring unit in December 2001. The CAR received information on all reform areas in the GAP and summarized its findings in the progress report. The NGO Forum has made additional comments (in italics) to update the GAP progress report through interviews with donors, experts and technical persons in the field.  The table gives more details on progress in achieving the short-term (one year) and medium-term (2-3 years) goals. 

Progress in Actions to Enhance Gender Equity*

Actions To Take
ST: Short term (within 1 year)

MT: Medium term (in 2-3 years)

Current Status

(1) Promulgate application decrees to facilitate the enforcement of the law to suppress human trafficking and exploitation (ST)
Completed
Promulgation is completed; training sessions on the law have been held for the public officials; a dissemination program on human trafficking to general public has been completed in six provinces including Koh Kong, Sihanooukville, Bantey Meanchey, Pailin**
(2) Conduct advocacy campaigns among the executives, legislative and judiciary branches of the State and among decision makers in society to improve sensitivity to gender related concerns (ST)

Completed, preparing strategy to mobilize resources to further the advocacy campaign. The program focuses on four areas: education, health, socio-economic development and legal protection.

UNFPA continues to provide assistance in implementation of the strategies for advocacy.
(3) Strengthen the inter-ministerial network of gender equity advocates (ST/MT)

Underway and training on gender issues is ongoing in SEILA provinces.

Senior government officers, Deputy/Director General or Vice/Director from ten ministries were selected as focal point persons for the gender network. TOT training was given to these focal point persons (both women and men) in the ten ministries and also to two NGOs: PADV and WMC.
(4) Initiate a program to build MWVA capacity to carry out its mandate (ST)
Completed

A program is underway focusing on training (English, office skills, computer, gender issues, integrated database, internet accessc).

Assessment of needs of each department has been completed and priorities for capacity building identified. As a result of the capacity building, financial and accounting staff are able to develop better proposals. The first phase of capacity building is finished.
(5) Establish and operationalize the National Council for Cambodian Women as a locus to promote and protect women and children rights and to monitor the implementation of CEDAW and the Beijing Platform for Action (MT)
Completed

The NCCW has been set up; it is headed by H.R.H. the Queen; two meetings were held to discuss internal operations and approve procedures and work plan.

H.R.H. the Queen is the Honorable President, Samdech Prime Minister is the Honorable Vice-President, the Minister of MoWVA is President. Ministers and Secretaries and Under Secretaries of State of 17 ministries are members. Three NGOs were asked to be advisors to the NCCW. Funds are being mobilized to support operations of the council.
(6) Create and train a country-wide network of volunteers to disseminate information about women and children rights with a particular focus on family planning and basic health (MT)
Completed in 8 provinces
A network of volunteers was created in 8 provinces; volunteers were trained about the reproductive program.
(7) Carry out a literacy program in all provinces with a particular focus on rural areas (MT)
In process in 6 provinces
Program is being implemented in 6 provinces, including Kompong Speu, Prey Veng, Kompong Thom, Battambang, and Steung Treng. Proposal for the program shall be made on a yearly basis.
(8) In full consultation with stakeholders, prepare a law against domestic violence for submission to the National Assembly and Senate following approval by the Council of Ministers (MT)
In process
The law has been submitted to the Council of Jurists for review before being submitted to the Council of Ministers. Every Tuesdays and Wednesdays, the head of the MoWVA participated in the inter-ministerial meetings to defend the draft law on domestic violence. (by 22 February 2002, there were four times).
(9) Develop a program to reduce discrimination against HIV positive individuals (MT)
Submitted for approval
The national policy was submitted to the National Authority Against HIV/AIDS for review and approval.

* Source: Council for Administrative Reform (December 11, 2001), gGAP Progress Reporth
** Information in italics has been added, based on interviews or reviewing official documents/report.

3. Summary of NGO Involvement in the Sector

CONTENT

There are a least 30 CNGOs and 10 INGOs who have intensive programs in Women in Development /Gender and Development and at least 30 CNGOs and 20 INGOs are currently working on Child Welfare/Rights in Cambodia. 

Three NGOs, namely, CWPD, GAD and WFP have been asked to be the advisors to the National Committee for Cambodian Women (NCCW). 

To contribute to addressing the real concerns and problems of Cambodian women more effectively, civil society groups and women organisations have also initiated different coalitions and networks of women such as: the Gender and Development Network and the Gender Forum of the NGO Forum on Cambodia. CAMBOW (Cambodian Committee for Women), was formed on May 8, 2000. The network currently has membership of 33 Cambodian NGOs that focus primarily on advancing the course of women and combating trafficking of women and children. The NGO Committee on CEDAW, chaired by Women for Prosperity, is monitoring application of the Convention for the Elimination of Discrimination Against Women.  It is important also to note that a Cambodia Menfs Network was initiated to work on gender issues as well.  

Main Areas of involvement/activities: 

a.      Research on Gender Issues

- Various studies on women and children situations.
- Survey of victims of domestic violence.

b.      Information Dissemination and Education

- Training of police officers and Sangkat/commune chiefs on law against human trafficking, and help in the rescue of victims and arrest of brothel operators.
- Development of educational radio and TV spots, making of posters, leaflets on gender issues and against domestic violence, womenfs participation in elections, etc.
- Training on leadership and skills for women leaders, candidates of Commune Councils.
- Meetings to share experiences of building women's participation in commune development.
- Workshop on Gender to help NGOs and commune councils understand better how to integrate gender into community development.
- Workshop on conflict resolution and prevention at the local level, in order to help NGOs and commune councils manage to solve local conflicts which affect women.
- Information dissemination to NGOs, academics, donor governments and the media in Cambodia and abroad on
issues affecting gender in Cambodia through email distribution lists on women's rights issues and news, and by providing appropriate NGO documents on web-site, etc.

        Policy Formulation and Advocacy

- Celebrate International Women's Day (8 March) public campaign on issues affecting women, including violence against women and the value of womenfs reproductive role.
- 16 Day Campaign to End Violence against Women.
- CEDAW campaign (the UN Convention on the Elimination of Discrimination Against Women),
- Lobby and advocacy for advancement of women candidates in the February 2002 commune elections, policy to promote women,
- Advocacy campaign on draft Domestic Violence Law,
- Legal seminars on amendments to the criminal and civil codes in order to protect women's rights and interests,
- Preparations for compiling the parallel report on the Covenant on Economic, Social and Cultural Rights,
- Prepare report on CEDAW (Convention on Elimination of Discrimination Against Women).
- Submission of draft training program for training of commune councils on gender, etc.

 .      Implementation of Gender and Development Programs

- Implement literacy programs,
- Special girl education projects,
- Child care and education,
- Provision of assistance and free legal services to victims of trafficking or domestic violence in court cases,
- Small business projects with women, etc.

e. Networking

- Creating of Cambodian network of womenfs organisations.
- Networking with womenfs organisations in the world.
- Mainstreaming of gender into NGO development programs; training NGOs, government in gender mainstreaming.

Based on their involvement in this reform area, NGOs would like to raise the following issues concerning implementation of gender equity in the GAP: 

4. Issues Raised by NGOs

CONTENT

The Ministry of Womenfs and Veteranfs Affairs has done well to implement most of its expected outputs, especially considering the budgetary constraints of this ministry. However, much still remains to be done.  Awareness of gender in the other Ministries is still low.  This is because of the wide gap between the equality desired and the real situation.  NGOs are happy with the reforms so far, but would like to raise the following concerns for discussion:

  • Dissemination and Implementation of Law on Suppression of Kidnapping, Trafficking and Exploitation of Human Persons

There is a need for more training of local public officers on this law. The training by MoWVA on law against trafficking of women and children has been conducted only for provincial level public officials and police officers in six provinces/municipalities. After being trained, these people have not conducted echo training on these laws for their subordinate officials at commune and district levels, who are supposed to be the enforcers of the law in their local areas. Take for example, in the provinces of Battambang and Siem Reap, where commune level police officers have expressed their wish to have such training. Since provincial officials have not been able to respond to the request, NGOs have organised the training workshops for them instead. 

  • Formation and Training of Gender Network Focal Point Persons

It is good that MWVA managed to create the network of gender focal point persons in ten ministries, however, this seems to be not functioning effectively. 

-     The Ministry of Womenfs and Veteranfs Affairs offered gender training to high-ranking officials such as directors and general directors of departments. Sustainability of the network, however, is an area of concern; some focal point persons in the network are high-ranking government officials and usually let their subordinates come to the training. These subordinate staff, even if they are well trained, are not much respected and so less influential in their departments/ministries. Some trainees want to put what they have learnt to use, but they need support and funds.

-     Some focal point persons who have been appointed and trained are eventually moved to other positions and places of work, and they are therefore not able to continue their gender activities.

  • Development of Law against Domestic Violence

The encouragement and collaboration the MWVA extend to the NGOs, women organisations in drafting the law seem to be one of good examples of effective participation in law making process. However, certain shortcomings have been experienced since some lawyers (most of whom are male) are not well aware of the real situations caused by domestic violence. 

The Ministry of Womenfs and Veteranfs Affairs has been actively involved in the drafting and promotion of this law. PADV and CWCC together with other UN agencies and some NGOs have been working hard in contributing to the draft law. There have been tense debates about whether to include provisions on penalties in the draft law. The Cambodian Menfs Network is working for the elimination of violence against women and has helped in lobbying for the law. 

  • Concerns about effectiveness of the newly created institution, NCCW to serve women

It is good that the National Cambodian Committee for Women was created. The NCCW members comprise of Ministers and Secretaries of State from 19 ministries, most of whom are men. Therefore, although the Minister of the Ministry of Womenfs and Veteranfs Affairs is the chairperson, it is doubtful about the degree of the effectiveness of this institution in addressing the concerns and problems of Cambodian women. This is due to the fact that this institution will spend much time on its own institutional development, the composition of the council is male-dominated, and the committee has the normal limitations of government institutions. 

  • Ministry officials have limited knowledge of gender issues

Officials in a number of ministries have been trained on gender, but the training has been limited and ministry officials still have limited knowledge of gender issues. 

  • Lack of gender awareness among high-ranking officials and lack of their supports

There seems to be no special gender training yet for high-ranking officials (secretary of state or ministers) of ministries. While women organisations feel that it should not be difficult to talk with government officials on gender issue, there have been instances where subordinates have to seek permission from their boss before they can agree to have appointments with women organisations to talk about gender issues. They are not aware of the importance of gender equity. Even Phnom Penh municipal police are not well aware of gender concepts, which is not good for the advancement of woman police officers. 

  • Huge need of training of commune councils on gender concepts and mainstreaming

Women and children under 15 years of age constitute 53% and 40% respectively of the population. Addressing issues relating to women and children rights is critical to sustainable socio-economic development, social justice and the alleviation of poverty. Now, these issues will be partly (and probably more effectively and efficiently) addressed by commune councils, through mainstreaming gender into local development plans and implementation, etc. Therefore, capacity building of the 1,621 commune councils on gender concepts and mainstreaming is highly needed. 

  • Weak law enforcement, especially with regard to prosecution against criminal offences

Poverty has pushed some women and girls to the city where they stay with brothel operators, borrow money from them and are sold from place to place. Some brothel operators are convicted, but law enforcement seems ineffective, especially against brothel operators who have money and power. Corruption has obstructed the efforts of NGOs to promote law enforcement. Some judges and prosecutors may not understand the human trafficking law well and may misinterpret the law. 

Unable to bear their mistreatment, some women victims who have taken legal action, sometimes, due to pressure, take their complaints back.  Prosecutors take no action against the offenders when the complaints are withdrawn. 

  • Provision of gender training is limited to some provinces

Some provinces have gender-training programs such as those involved in the program of Seila, but there are no such programs in many other areas. Knowledge on gender is therefore limited.

5. NGO Recommendations

CONTENT

Recommendations to Government:

  • For the next revision of the GAP, the government should invite the women organisations to participate in giving priorities of actions to be taken.

  • The government should be transparent in implementation of the plan through publication and dissemination of progress reports.

  • The last version of draft law against domestic violence should be shared with womenfs organisations, especially the ones that have given inputs into the draft, before its submission to the National Assembly

  • The law against domestic violence should be passed this year.

  • The Law on Marriage and Family should be reviewed for its relevance to present needs.

  • Improve law enforcement, especially with regard to the laws that protect the rights of women and children.  Implementation of the Labor Law needs constant monitoring in order to ensure fair and equitable conditions of work and proper payment of wages in all sectors of the economy. 

  • Assign at least one senior official of each ministry (Secretary/Under Secretary of State), Director/Vice Director of department to be responsible for womenfs issues.

  • The government should encourage the preparation of CEDAW report on time to show its willingness to eliminate discrimination against women.  The CEDAW (Convention on the Elimination of Discrimination Against Women) encourages full implementation of measures to ensure that the rights to employment, rights to politics and public life, equal rights before the law, and rights to social economics are truly protected.

  • Ensure that the increase of the national budget allocation for education and health leads to further development of these sectors, with special attention to the needs of women. The education development should be focused on dormitories and scholarships for female students from secondary schools in order to encourage female students to not drop out of school.

  • Increase the availability of reproductive health services. The Ministry of Health is urged to expand quality reproductive health services with good counseling throughout the country as soon as possible and include basic emergency obstetric care.

  • The low value attached to womenfs work requires a fundamental remedy: if womenfs work were more fully accounted for, it would become clear how many women contribute to development. To do that requires much more gender specific data on development. There is a need to redesign national census and data collection, particularly regarding agricultural surveys.

  • Commune councils should be trained on gender concepts and gender mainstreaming into commune/sangkat development plans and implementation.

  • Provide ongoing support the Gender Resources and Information Programme (GRIP) and ensure its smooth operation.  This programme was set up in 1999 by the Ministry of Womenfs and Veteransf Affairs, but functioned only through the year 2000.  GRIP is an important programme to contribute to better gender equality and equity to the population development and reproductive health improvement through access to resources and information.  If also supports socio-economic development, and targets the steady and parallel development of human resources.

Recommendations as to Donors:

  • Provide support to government for the measures suggested above.

  • Make sure that assistance really reaches the Cambodian people by factoring in gender in all development programs and reforms.

  • Give assistance to priority needs of Cambodia rather than donorsf own priority.

  • There should be allocations of special funds for womenfs and childrenfs programs and projects.

  • Donors should initiate and implement various programs for women and children, including non-formal education and vocational training, so that women have better employment opportunities.

  • Donors should support partners to implement projects in places where there are currently no such projects.

Recommendations as to NGOs:

  • NGOs have to strengthen their capacity so that they can fill gaps left by the government.

  • Continue to participate in advocacy on policies and law making, and for better enforcement of laws, especially on the ones that have effects and impact on women and children.

  • rganizations that act as advisors to NCCW should give regular feedback to bigger groups of women organizations.

  • Continue to develop and implement programs for women and children.

Further NGO recommendations related to gender may be found in the Gender issues paper of the NGO Statement to the 2002 CG Meeting.