DEVELOPING THE BILL – GOOD PRACTICES

In developing the bill, several good practices were followed such as extensive consultation with international NGOs, community organizations and government officials on what can be achieved prior to drafting the legislation. A coalition of NGOs worked closely with Senate champions and civil society to develop and draft the bill. Moreover, congressional leaders were involved in promoting the bill, which provided the campaign much visibility and credibility. There was also constituent/grassroots support for the bill, including from unions and faith-based groups, who mobilized their constituents.

Several aspects of the bill create opportunities for its adoption. The bill involves a bipartisan issue – prevention of violence against women and girls – which has wide support. Moreover, successful implementation of the domestic legislation set a strong precedent. The bill will mainstream gender equality across all foreign assistance programmes. This is an issue engaging a range of civil society organizations. However, the U.S. administration and Congress are sensitive to certain issues related to addressing violence against women – family planning in particular; however, IVAWA does not change any existing laws or practices on reproductive health or family planning. Grassroots organizations have been engaged in promoting the bill. A diverse range of materials and resources have been developed to support their advocacy such as postcards and flyers, issue briefs, information on model programmes, questions and answers among others. A ‘lobby day’ and training for grass-root activists was organised in Washington, DC. It was a real success as it was the first time that many of the activists were able to approach their Members of Congress. An AIUSA film titled, Women of Liberia: Fight for Peace, raises some of the issues IVAWA seeks to address. Three women featured in the film who were former child soldiers, participated in screening events in New York and Washington DC, lobbying meetings with Congressional staff and media promotion of the film and IVAWA. They received media training which will help them in their ongoing education work in Liberia and Europe. AIUSA also utilised advocacy opportunities around the 16 Days of Activism to end violence against women.

Lawyers Without Borders (LWOB) is an international non-profit organization, funded by multinational companies, that undertakes research, training and capacity building in the area of law reform and human rights. Based on the experience of LWOB, the presentation provided examples of how private law firms can be engaged in legislative reform processes to achieve human rights, including formation of the law and its enforcement.

Having learned from the rich experiences of various organizations, and the opportunities and challenges they have encountered in legislative reform to achieve human rights, participants discussed ways to collaborate and strengthen their efforts toward legislative reform. In considering the way forward, participants addressed the following questions:

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  How can organizations refine their approaches to ensure that children’s rights are central to their strategies?
  
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  How can organizations work together to advance children’s rights at global, regional and country levels?
  
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  What strategies should be pursued to strengthen collaboration and advance sustainable development through legislative reform?
  
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  How can organizations mobilize financial and human resources to support legislative reform? (Building internal capacity, assisting partners through partnership and participating approaches, building networks.)
  
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  How can partnerships between key actors be formalized?
  
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  How can high level commitment be ensured?
  

Within agencies, there must be specialized people available to work with parliaments, who are trained in political processes and have experience working in political environments.

Bringing about legislative reform is a long-term process requiring long-term commitment and planning. It is important to be aware of the parliamentary cycle and political calendar in the country. It is important not to create unrealistic expectations. Donors must understand this, as they often dictate deadlines for achieving results.

In order to secure resources and commitment to support legislative reform, there should be evidence available to show results of a human rights based approach. Evidence is the foundation on which a strategy can be built for further legislative reform to achieve human rights. Documenting case studies, highlighting successes and showing results are important strategies to ensure integration of a human rights based approach in all legislative reform initiatives.

Organizations must provide parliaments with technical support, making sure they do not receive contradictory information. At the country level, a joint capacity assessment can be undertaken, which can be fed into an action plan for working with parliamentarians. In many countries, UN agencies have a focal point in the congress or parliament, involved in the law making process. It can be beneficial to build upon these contacts and use them as channels to forward joint messages.

UN organizations can undertake joint research, develop joint pilot projects and establish task forces on legislative reform to achieve human rights. Each organization has a special skill set and expertise that should be utilized.

At the outset of a legislative reform initiative, national laws should be compared to the international human rights treaties that the relevant country has ratified. UNICEF’s Handbook for Legislative Reform details the process of reviewing national law against international standards. This can be a starting point for legislative review.

At the national level, the Common Country Assessments (CCA) should include a comprehensive analysis of legislation in the country. While the legal analysis in most countries is currently led by UNDP, other agencies also need to take a deeper interest in it. Strategies to strengthen collaboration and advance sustainable development through legislative reform can involve looking at law reform policies within poverty reduction strategies. This has been done successfully in Bangladesh, where issues raised by children during the PRSP (Poverty Reduction Strategy Paper) consultation process, have been successfully addressed in national legislative reform. It is vital to integrate children, women and human rights issues in university curricula. UNICEF has prior experience in this area.

The panel presented an overview of experiences from various legal systems and examined the extent to which these experiences provide opportunities for achieving rights entitlements, on the one hand, and development goals, on the other.

This panel argued that children’s rights cannot be guaranteed in a framework that discriminates against women and diminishes their status. The legal status of women plays a significant role in shaping women’s socio-economic position in society and consequently the situation of children.

This panel discussed the role of national human rights institutions, the judiciary and the legislature in enforcing and implementing legislative reform.