UNSCR 1325
Passed unanimously by the Security Council in October 2000, UNSCR 1325 is a watershed political framework that makes women – and a gender perspective – relevant to negotiating peace agreements, planning refugee camps and peacekeeping operations and reconstructing post-conflict societies.
- Annotated Version from UNIFEM
History and Analysis – from Women’s International League for Peace and Freedom
· Includes information on and links on civil society and NGO initiatives, as well cross-sectoral collaborations around the world that are translating UNSCR 1325 into practice.
http://www.peacewomen.org/1325inaction/index.html
§ - “Brahimi Report”
Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo
Beijing Declaration and Platform for Action
http://www.un.org/womenwatch/daw/beijing/platform/plat1.htm
The Beijing Declaration and Platform for Action were unanimously adopted by representatives of 198 countries at the Fourth World Conference on Women, held in Beijing, China (4-15 September 1995). It represents the most comprehensive expression of governments’ commitment to human rights for women and girls based on the understanding that women’s rights are human rights. When taken together with the other major international human rights instruments, it provides a substantial vision and specific strategies for the next decade.
Furthermore, it established gender mainstreaming as a major global strategy for the promotion of gender equality. This strategy was subsequently defined in ECOSOC Agreed Conclusions (1997/2) ECOSOC Agreed Conclusions (1997/2)
CE CEDAW
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Adopted in 1979 by the UN General Assembly, the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
For more on the History, Recommendations, Reservations and to link to the Optional Protocol [ http://www.un.org/womenwatch/daw/cedaw/]
UN UN Declaration on the Elimination of Violence against Women
http://www.un.org/depts/dhl/violence/
The Declaration is the first international human rights document to exclusively address the issue of violence against women. It affirms that violence against women violates, impairs or nullifies women's human rights and their exercise of fundamental freedoms.
Adopted by the United Nations General Assembly in 1993, the Declaration defines the problem as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life."
Local Instruments
UN UNMIK Regulation No. 2003/25 on Provisional Criminal Code
Entered into force on 6 April 2004, several provisions in the Provisional Criminal Code [ http://www.unmikonline.org/regulations/2003/RE2003-25.pdf ] related to equality, including gender equality, and to gender-based violence. It punishes the violation of equal status of individuals, by punishing anyone who "unlawfully denies or limits the freedoms or rights of a resident of Kosovo" based on protected grounds, including sex, by imprisonment of six months to five years. If a public official commits the offence through his or her official capacity, the prison sentence ranges from six months to seven years, depending on the type of violation.
Domestic violence is also addressed in the Code, which states that when light bodily harm is committed against a "person with whom the perpetrator has a domestic relationship," the perpetrator may be punished by imprisonment of three months to three years. A similar increase in sentencing exists for cases of “grievous bodily harm” when a domestic relationship exists.
UNMIK Regulation 2003/12 on Protection Against Domestic Violence
Entered into force in May 2003, UNMIK Regulation 2003/12 on protection against domestic violence [ UNMIK/REG/2003/12 ]defines domestic violence as intentional acts or omissions between two persons who are, or have been, in a domestic relationship. entered into force. Such acts or omissions include: infliction of bodily injury; non-consensual sexual acts or sexual exploitation; causing fear for physical, emotional or economic well-being; kidnapping; causing damage to property; unlawfully restricting freedom of movement; forced entry onto the property of the other person; forced removal of the other person from a common habitation; prohibiting the other person from entering or leaving a common residence; engaging in a pattern of conduct to degrade the other person.
"Domestic relationship" is defined as a relationship between two individuals: who are engaged, married or cohabitating without marriage; who share a household and are related by blood, marriage, adoption, guardianship, or; who are the parents of a common child. Further, the Regulation provides for protection orders, emergency protection orders and interim emergency protection orders.
UNMIK Regulation No. 2001/4 “On the Prohibition of Trafficking in Persons in Kosovo”
Trafficking has become a serious problem in Kosovo with it being primarily a destination point, The majority of trafficked victims are from Moldova, with others coming from Bulgaria, Romania and surrounding countries. To tackle the issue, UNMIK established the Trafficking and Prostitution Investigation Unit within the police [ http://www.unmikonline.org/civpol/archive/PR251002.htm].
Furthermore, trafficking has been addressed legislatively under UNMIK Regulation No. 2001/4 "On the Prohibition of Trafficking in Persons in Kosovo.” Trafficking is therein defined as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation."
The Regulation imposes minimum and maximum sentences, and criminalizes other aspects of trafficking, including withholding of identification papers and using or procuring the sexual services of a trafficked victim. Further, it provides for several levels of victim protection and assistance.
Since February of 2000, the International Organization for Migration has provided assistance to several trafficking victims in Kosovo and is one of the leading organizations that aids trafficking victims.
UNMIK Regulation No. 2004/12 on Elections for the Assembly of Kosovo
Setting out the basic rules governing the conduct of elections for the assembly, the Regulation addresses gender equality in several sections. Section 21 is devoted to the gender requirements for the elections overall, and states that of the first 67% of candidates on the list, at least 33% must be male, and at least 33% female. Section 6 also provides that in cases of death, resignation or forfeiture of a member’s seat, that seat must be filled by the next eligible candidate of the same gender.
UNMIK – Central Elections Commission
Promulgated in April 2004, the Regulation establishes the rules that govern the Central Election Commission. The Commission is responsible for policy development and the
managerial oversight of the conduct of the elections to the Assembly of Kosovo and of the elections to the Municipal Assemblies in Kosovo. The Regulation calls for the provision that the Commission itself shall be “composed having regard to gender representation”. Further, the Regulation gives the right to political entities and non-governmental organization with expertise in gender to election a candidate to serve as Commissioner.
UNMIK – Municipal Elections
Setting out the basic rules governing the conduct of elections for the municipalities, the Regulation addresses gender equality in the list of candidates for any election. The provision stipulates that of the first 67% of candidates on the list, at least 33% must be female. Furthermore, if a seat holder’s position is terminated, the next eligible candidate of the same gender may be recommended.
UNMIK Administrative Direction No. 2003/2
The Direction sets out the basic conditions for the recruitment and employment of civil servants, and implements UNMIK Regulation No, 2001/36 on Kosovo Civil Service. The Directions calls for recruitment to the civil service to be done in conformity with the principles of equitable representation and gender equality and that selection panels, moreover, must be gender balanced. Additionally, the Direction places the responsibility of ensuring a gender balance on the employing authorities.
T Training Materials
4. - Gender Resource Package
§ From Department of Peacekeeping Operations – Peacekeeping Best Practices Unit.
· Designed to serve as a practical field manual for all peacekeeping personnel on how to integrate gender issues into the work of peacekeeping. This gender resource package is designed to explain the concept of “gender mainstreaming” to peacekeeping personnel at Headquarters and in missions. It is a reference guide that includes background information and highlights key gender issues in each functional area of peacekeeping operations.
¨ http://pbpu.unlb.org/pbpu/genderpack.aspx
5. - Gender & Peacekeeping Online Training Course
§ Developed in partnership between the Canadian DFAIT and the UK DfID, the online course is aimed at those working in peace-support operations. It includes eight comprehensive modules for both instructors and participants, covering topics from gender and culture, gender in peacekeeping operations, and gender in conflict and post-conflict phases. Each module includes presentation notes, learning notes, handouts and readings.
http://www.genderandpeacekeeping.org