This is a list of all of the published agreements.<< Back
|Afghanistan||08/07/2012||Tokyo Declaration Partnership for Self-Reliance in Afghanistan from Transition to Transformation (Tokyo Conference)|
Page 2, Preamble, 2
Building on the long-held aspiration of the Afghan people, Afghanistan has laid down the foundations of the democratic system of government, including
enshrining a commitment to pluralism and human rights, in particular the equal rights of women
Page 2, Preamble, 3
With support from the International Community, Afghanistan will continue its progress on such issues as
protection of human rights in particular the rights of women and children
Page 4, Security and Peace Process, 7
The Participants reaffirmed the importance for Afghanistan to attain a fully professional, capable and accountable ANSF that protects the civilian population, in particular women and children, respects the Constitution, and observes Afghan and international laws.
Page 4, Security and Peace Process, 9
In this context, the Participants reiterated the importance of reconciliation principles such as the renunciation of violence, the breaking of ties to international terrorism and respect for the Afghan Constitution, including its human rights provisions, notably the rights of women
The Participants also stressed the importance of the participation of civil society organizations and women’s groups in support of the peace process and the culture of peace and human rights in Afghan society in particular in the light of the UN Security Council Resolution 1325.
Page 5, Governance and Strategy for Economic Self-Reliance, 12
The Afghan Government affirmed that the human rights and fundamental freedoms of its citizens, in particular the equality of men and women, are guaranteed under the Constitution and Afghanistan’s international human rights obligations. The Afghan Government committed to conducting free, fair, transparent, and inclusive elections in 2014 and 2015, in which all the people of Afghanistan participate freely without internal or external interference.
Page 7, Private Sector and Civil Society, 20
The Participants shared the view that developing a vibrant private sector will be essential for sustainable development of Afghanistan particularly for the long term; and that it requires the firm commitment of the Afghan Government to taking all steps necessary to achieve an enabling business environment, including establishing regulatory frameworks and building necessary infrastructure. The Participants noted the importance of promoting domestic and foreign investment in Afghanistan. The Participants also encouraged the creation of models for cross- country partnerships in investment whereby international investors can engage in partnership arrangements with those from within the region as well as with local Afghan entrepreneurs. In this context, the importance of job creation and initiatives targeting youth and women employment should be emphasized.
Page 7, Private Sector and Civil Society, 22
The Participants welcomed the results of the Delhi Investors’ Summit on Afghanistan hosted by the Confederation of Indian Industries on June 28 in Delhi, which benefitted from many participants from neighboring countries, and underscored the importance of implementing the recommendations of the summit. The Participants reaffirmed the significance of risk mitigation and credit provision schemes by the International Community in promoting private sector investment in Afghanistan. The International Community committed to taking concrete steps to promote private investment and trade by mobilizing relevant development finance institutions, export credit authorities, and other governmental and nongovernmental tools to encourage human and financial capital investments in Afghanistan. The Participants also reaffirmed the importance of women’s participation in private sector conferences as reinforcing the need for inclusive development and recognition of women’s rights.
Page 8, Private Sector and Civil Society, 23
The Participants emphasized the role of the Afghan civil society in advocating for and supporting human rights, good governance and sustainable social, economic and democratic development of Afghanistan through a sustained dialogue. The Participants reaffirmed that a thriving and free civil society based on respect for human rights and fundamental freedoms, in particular the equality of men and women, enshrined in the Afghan Constitution, will be key to achieving a more pluralistic society in Afghanistan.
Page 9, Tokyo Mutual Accountability Framework, 6
As Afghanistan enters the Transformation Decade, progress from the past decade in areas that underpin sustained economic growth and development, especially for women and girls, such as education, health and other basic services, as well as strengthened respect for human rights, must continue. Challenges such as vulnerability to natural disasters and humanitarian needs must also be addressed jointly in an effective and appropriate manner in Transition and the Transformation Decade.
Page 10, Tokyo Mutual Accountability Framework, Mutual Commitments, 10
The Afghan Government and the International Community affirm that a functional democracy based on credible and inclusive elections, a professional and efficient civil service, access to justice and the rule of law are essential to a secure, just, stable and prosperous Afghanistan. Strengthened governance and institutions with a particular focus on the rights of women are prerequisites for strong and sustainable economic growth, employment generation and prosperity for the Afghan people.
Page 11, Tokyo Mutual Accountability Framework, Afghanistan Governance and Development Commitments, 11
Goal: Conduct credible, inclusive and transparent Presidential and Parliamentary elections in 2014 and 2015 according to the Afghan Constitution, in which eligible Afghan citizens, men and women, have the opportunity to participate freely without internal or external interference in accordance with the law.
Page 11, Tokyo Mutual Accountability Framework, Governance, Rule of Law and Human Rights, 11
Goal: Improve access to justice for all , in particular women, by ensuring that the Constitution and other fundamental laws are enforced expeditiously, fairly and transparently; ensure that women can fully enjoy their economic, social, civil, political and cultural rights; fight against corruption, including strengthening counter-narcotics efforts; and improve the capacity of state institutions. Indicators: Ensure respect for human rights for all citizens, in particular for women and children, and allow the Afghanistan Independent Human Rights Commission and civil society organizations to perform their appropriate functions; Demonstrated implementation, with civil society engagement, of both the Elimination of Violence Against Women Law (EVAW), including through services to victims as well as law enforcement, and the implementation of the National Action Plan for Women (NAPWA) on an annual basis;
Page 12, Tokyo Mutual Accountability Framework, Inclusive and Sustained Growth and Development, 11
Ensure adequate resource allocations to achieve Afghanistan’s Millennium Development Goal (MDG) targets for health, gender, education, environment and food security and use of MDG indicators to measure progress
|Afghanistan||05/12/2011||Conclusions of the Conference on Afghanistan and the International Community: From Transition to the Transformation Decade (Bonn Conference)|
Page 1, 3
Ten years ago today at the Petersberg, Afghanistan charted a new path towards a sovereign, peaceful, prosperous and democratic future, and the International Community accepted the responsibility to help Afghanistan along that path. Together we have achieved substantial progress over these ten years, more than in any other period in Afghanistan’s history. Never before have the Afghan people, and especially Afghan women, enjoyed comparable access to services, including education and health, or seen greater development of infrastructure across the country. Al Qaida has been disrupted, and Afghanistan’s national security institutions are increasingly able to assume responsibility for a secure and independent Afghanistan.
Page 2, Governance, 6
Afghanistan reaffirms that the future of its political system will continue to reflect its pluralistic society and remain firmly founded on the Afghan Constitution. The Afghan people will continue to build a stable, democratic society, based on the rule of law, where the human rights and fundamental freedoms of its citizens, including the equality of men and women, are guaranteed under the Constitution. Afghanistan recommits to upholding all of its international human rights obligations. Acknowledging that on this path Afghanistan will have its own lessons to learn, the International Community fully endorses this vision and commits to supporting Afghanistan’s progress in that direction.
Page 2, Governance, 7
We have taken note of statements by Afghan civil society organisations, including today’s statements by two of their delegates at this meeting. We all reaffirm that the human rights and fundamental freedoms enshrined in the Afghan Constitution, including the rights of women and children, as well as a thriving and free civil society are key for Afghanistan’s future. Therefore, we underscore the further promotion of civil society participation, including both traditional civil society structures and modern manifestations of civic action, including the role of youth, in the country’s democratic processes.
Page 4, Peace Process, 18
Mindful of the relevant UN resolutions, the International Community concurs with Afghanistan that the peace and reconciliation process and its outcome must be based on the following principles:
(a) The process leading to reconciliation must be: truly Afghan‐led and Afghan‐owned; as well as inclusive, representing the legitimate interests of all the people of Afghanistan, regardless of gender or social status.
(b) Reconciliation must contain: the reaffirmation of a sovereign, stable and united Afghanistan; the renunciation of violence; the breaking of ties to international terrorism; respect for the Afghan Constitution, including its human rights provisions, notably the rights of women.
(c) The region must respect and support the peace process and its outcome.
|Afghanistan||02/11/2011||Istanbul Process on Regional Security and Cooperation for a Secure and Stable Afghanistan|
Page 3, 6
Afghanistan also reconfirms its will and determination to combat terrorism in all its forms and manifestations, strengthen its economy, especially by ensuring good governance, promotion of investments, and addressing corruption, fight radicalism and narcotrafficking, respect human rights, in particular the rights of women, and to work together with its friends and partners for enhanced regional co-operation.
|Afghanistan||22/07/2010||Renewed Commitment by the Afghan Government to the Afghan People and the International Community to Afghanistan (Kabul Conference Communique)|
Page 2, Preamble, 5
The Kabul Process recognises that the Afghan Government can guarantee security only when its people are confident in its ability to deliver public services, good governance, human rights protection including gender equality, and economic opportunities. All parties recognise that the chance to deliver on these commitments has been earned through tragic losses, including civilian casualties, and the tremendous sacrifices of the Afghan and international armed forces currently engaged in the struggle for peace and stability in Afghanistan.
Page 5, Gender and Children’s Rights, 10
Participants reiterated the centrality of women's rights, including political, economic and social equality, to the future of Afghanistan, as enshrined in the Constitution of the Islamic Republic of Afghanistan. Participants commended the mainstreaming of gender into all priority programmes and reiterated their commitment to assist all national ministries and sub-national government bodies in implementing their respective responsibilities under the National Action Plan for the Women of Afghanistan (NAPWA), and to ensure that all training and civic education programmes contribute to concrete advancements in its implementation. In addition, the Government of Afghanistan, over the next six months, is to identify and prioritize NAPWA benchmarks for implementation within each cluster; and develop a strategy to implement the Elimination of Violence Against Women Law (EVAW), including services for victims. Participants committed to respect and prioritise the fulfilment of the rights of Afghan children, and to invest in girls’ and boys’ education, protection and healthcare.
Page 6, Peace, Reconciliation and Reintegration, 13
Participants welcomed the outcomes of the Consultative Peace Jirga, held from 2-4 June 2010. The Consultative Peace Jirga demonstrated the strong will within Afghan society to reconcile their differences politically in order to end the conflict. The Government of Afghanistan noted the demand of the Consultative Peace Jirga that all parties engaged in the conflict respect the need to bring lasting peace through mutual understanding and negotiations, in full respect of the values and rights, including those of Afghanistan’s women, enshrined in Afghanistan's Constitution, and through inclusive elections. Participants welcomed the establishment of an inclusive High Peace Council composed of women and men to set policy, strengthen political confidence and build consensus.
Page 6, Peace, Reconciliation and Reintegration, 14
Accordingly, Participants welcomed and endorsed in principle the Afghan Government's Peace and Reintegration Programme, which is open to all Afghan members of the armed opposition and their communities who renounce violence, have no links to international terrorist organizations, respect the Constitution and are willing to join in building a peaceful Afghanistan. The international community reiterated its commitment to continue to support this endeavor through the Peace and Reintegration Trust Fund, and looks forward to local Peace Jirga meetings that include men and women at district and provincial levels to discuss elements of an enduring peace.
Page 9, Next Steps: Supporting Afghan Ownership and Leadership, Strengthening International Partnership, 31
The participants recognized the paramount importance of holding transparent, inclusive and credible elections in the fall, encouraging the full participation of female as well as male candidates and voters, and the Afghan Government in particular is fully committed to ensuring this objective and welcomes the international community’s support.
|Afghanistan||06/06/2010||The Resolution Adopted at the Conclusion of the National Consultative Peace Jirga|
Page 3, Framework for Talks with the Disaffected, 8
We call upon the government of Afghanistan and the international troops stationed in the country:
People of Afghanistan demand a just peace which can guarantee the rights of its all citizens including women and children. For the purpose of social justice, the Jirga urges that laws be applied equally on all citizens of the country
Page 4, Developing Mechanism for Negotiation with the Disaffected, 12
We, the participants of the Jirga commit ourselves to act as messengers of peace and take the message of the Jirga to our communities and our people in our areas and to cooperate with the local authorities, tribal elders, youth and the women for the objective of ensuring peace.
|Afghanistan||28/01/2010||Communiqué of the Conference on Afghan Leadership, Regional Cooperation, International Partnership (London Conference Communique)|
Page 1, Afghan Leadership, Regional Cooperation, International Partnership, 5
The London Conference will be followed by a conference in Kabul later this year, hosted by the Afghan Government, where it intends to take forward its programme with concrete plans for delivery for the Afghan people. These should be based on democratic accountability, equality, human rights, gender equality, good governance and more effective provision of government services, economic growth, as well as a common desire to live in peace under the Afghan Constitution. We remain convinced that together we will succeed.
Page 2, Security, 13
In the context of a comprehensive, Afghan-led approach, Conference Participants reinforced the need for an effective and enduring framework to create and consolidate a stable and secure environment in which Afghan men and women of all backgrounds and perspectives can contribute to the reconstruction of their country. In this context, Conference Participants welcomed the plans of the Government of Afghanistan to offer an honourable place in society to those willing to renounce violence, participate in the free and open society and respect the principles that are enshrined in the Afghan constitution, cut ties with Al-Qaeda and other terrorist groups, and pursue their political goals peacefully.
Page 4, Development and governance, 22
Conference Participants commended the Government of Afghanistan’s commitment to improve access to justice and respect for human rights, including through its Justice and Human Rights Programme, political and financial support for the Afghanistan Independent Human Rights Commission, and the adoption and implementation of a new national policy as soon as possible on relations between the formal justice system and dispute resolution councils. The Government of Afghanistan reiterated its commitment to protect and promote the human rights of all Afghan citizens and to make Afghanistan a place where men and women enjoy security, equal rights, and equal opportunities in all spheres of life. Conference Participants also committed to strengthening the role of civil society.
Page 5, Development and governance, 26
The international community welcomed the Government of Afghanistan’s commitment to implement the National Action Plan for Women of Afghanistan and to implement the Elimination of Violence Against Women Law. Conference Participants welcomed the Government of Afghanistan’s commitment to strengthen the participation of women in all Afghan governance institutions including elected and appointed bodies and the civil service.
|Afghanistan||31/03/2009||Statement of the International Conference on Afghanistan (Hague Conference)|
Page 2, Promoting Good Governance
To accelerate efforts to improve governance and strengthen institutions, they agreed to:
Give firm support to the preparing and holding of elections that are secure, transparent, fair and credible, so as to enjoy the confidence of the Afghan people and to consolidate democracy in Afghanistan. The participants underscored the importance of the broadest possible participation of women and men.
Page 3, Accelerating Economic Growth and Development
To generate economic growth, they agreed to:
Expand efforts to ensure that women are more fully integrated into assistance programmes in recognition of the need for Afghanistan to mobilize its entire population in the development of the country.
|Afghanistan||12/06/2008||Declaration of the International Conference in Support of Afghanistan (Paris Conference)|
Page 3, Paragraph 4, To promote respect for human rights for all Afghans
We committed to support the implementation of the National Action Plan for Women.
|Afghanistan||01/02/2006||Afghanistan Compact Building on Success (London Conference)|
Page 3, Principles of Cooperation
As the Afghan Government and the international community embark on the implementation of this Compact, they will:
(5) Build lasting Afghan capacity and effective state and civil society institutions, with particular emphasis on building up human capacities of men and women alike
(7) Recognise in all policies and programmes that men and women have equal rights and responsibilities
Page 8, Annex I. Benchmarks and Timelines, Governance, Rule of Law and Human Rights
By end-2010: the National Action Plan for Women in Afghanistan will be fully implemented; and in line with Afghanistan’s MDGs, female participation in all Afghan governance institutions, including elected and appointed bodies and the civil service, will be strengthened
Page 9, Rule of Law
prisons will have separate facilities for women and juveniles
Page 11, Education
By end-2010: in line with Afghanistan’s MDGs, net enrolment in primary school for girls and boys will be at least 60% and 75% respectively; a new curriculum will be operational in all secondary schools; female teachers will be increased by 50%
By end 2010: enrolment of students to universities will be 100,000 with at least 35% female students
A human resource study will be completed by end-2006, and 150,000 men and women will be trained in marketable skills through public and private means by end-2010
Page 12, Annex I. Benchmarks and Timelines, Economic and Social Development
By end-2010, the number of female-headed households that are chronically poor will be reduced by 20%, and their employment rates will be increased by 20%
|Afghanistan||01/04/2004||Berlin Declaration (Berlin Conference)|
Page 1, Untitled Preamble
Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.
Page 3, 10
That all efforts to build a new Afghanistan shall also reflect the aspirations of the Civil Society that is taking root in the country and promote the participation of women according to their rights under the Constitution
|Afghanistan||22/01/2002||Communiqué of the International Conference on Reconstruction Assistance to Afghanistan (Tokyo Conference)|
Page 2, 8
The AIA identified the following key priority areas for the reconstruction of their country:
(2) Education, especially for girls
Page 3, 12
The Conference emphasised the centrality of restoring the rights and addressing the needs of women, who have been the prime victims of conflict and oppression. Women’s rights and gender issues should be fully reflected in the reconstruction process.
Page 3, 13
The NGO representative reported that Afghan and international NGOs agreed that a focus on education and training is necessary, particularly for women, to build the capacity of the Afghan people to contribute to reconstruction. Continued dialogue and co-ordination between NGOs, international organisations, donors and the AIA are essential to ensure efficient use of resources.
|Afghanistan||05/12/2001||Agreement on Provisional Arrangements in Afghanistan Pending the Re-establishment of Permanent Government Institutions ('Bonn Agreement')|
Page 2, Untitled Preamble
The participants in the UN Talks on Afghanistan
Noting that these interim arrangements are intended as a first step toward the establishment of a broad-based, gender-sensitive, multi-ethnic and fully representative government
Page 4, III. Interim Administration, A. Composition, 3
The Chairman, the Vice Chairmen and other members of the Interim Administration have been selected by the participants in the UN Talks on Afghanistan, as listed in Annex IV to this agreement. The selection has been made on the basis of professional competence and personal integrity from lists submitted by the participants in the UN Talks, with due regard to the ethnic, geographic and religious composition of Afghanistan and to the importance of the participation of women.
Page 6, IV. The Special Independent Commission for the Convening of the Emergency Loya Jirga, 2
The Special Independent Commission will ensure that due attention is paid to the representation in the Emergency Loya Jirga of a significant number of women as well as all other segments of the Afghan population.
Page 7, V. Final provisions, 4
The Interim Authority and the Special Independent Commission for the Convening of the Emergency Loya Jirga will ensure the participation of women as well as the equitable representation of all ethnic and religious communities in the Interim Administration and the Emergency Loya Jirga.
Page 12, Annex IV, Composition of the Interim Administration
Vice-Chair and Women's Affairs: Dr. Sima Samar
|Afghanistan||19/07/1999||Tashkent Declaration on Fundamental Principles for a Peaceful Settlement of the Conflict in Afghanistan|
We express our profound concern at the violations of the human rights, including those of ethnic minorities and women and girls, as well as the violations of international humanitarian law that are taking place in Afghanistan.
|Algeria||14/08/2005||Project de charte pour la paix et la réconciliation nationale|
Page 2, untitled preamble:
All Algerian men and women are absolutely convinced that no political, social or economic development will bring the benefits they hope for, without a return to peace and security. Having been deprived, for a time, of this peace and security, they appreciate how important it is, for each and every one of them and for the nation itself. A new approach is now needed for a definitive return to peace and security based on national reconciliation, because it is only through national reconciliation that we can heal the wounds caused by this national tragedy. The Algerian people genuinely desire national reconciliation. And this desire is all the more acute given the many developmental challenges Algeria now faces. The Algerian people are convinced that in national reconciliation lies hope and the chance to consolidate all the advantages of a democratic and republican Algeria, to the great benefit of all of its citizens.
Page 3, II. MEASURES DESIGNED TO CONSOLIDATE PEACE
- Firstly: A moratorium on legal proceedings against any individual who has reported to the authorities since January 13, 2000, date of debarment of the Civic Concord law.
- Secondly: A moratorium on legal proceedings against all individuals who cease fighting and turn in their weapons. This moratorium does not apply to any person involved in group killings, rape or attacks using explosives in public places.
- Thirdly: A moratorium on legal proceedings against any wanted individuals, in the country or abroad, who give themselves up voluntarily to the competent Algerian authorities. This moratorium does not apply to any person involved in group killings, rape or attacks using explosives in public places.
- Fourthly: A moratorium on legal proceedings against all individuals involved in terrorism support networks who decide to declare their activities to the competent Algerian authorities.
- Fifthly: A moratorium on legal proceedings against all individuals charged with contempt of court, other than those involved in group killings, rape or attacks using explosives in public places.
- Sixthly: Individuals charged and imprisoned for activities supporting terrorism to be pardoned.
- Seventh; Individuals charged and imprisoned for acts of violence to be pardoned, other than those involved in group killings, rape or attacks using explosives in public places.
- Eighth: Reduced and commuted sentences for all persons, whether wanted or definitively charged, not covered by the moratorium on legal proceedings described above.
|Algeria||13/07/1999||Loi sur la concorde civile|
DE L'EXONERATION DES POURSUITES
Art.3.- Ne sera pas poursuivi celui qui a fait partie d'une des organisations visées à l'article 87 bis 3 du code pénal à l'intérieur et à l'extérieur du pays et qui n'a pas commis ou participé à la commission de l'une des infractions prévues à l'article 87 bis du code pénal ayant entraîné mort d'homme ou infirmité permanente, viol ou qui n'a pas utilisé des explosifs en des lieux publics ou fréquentés par le public et qui aura, dans un délai de six (6) mois à compter de la promulgation de la présente loi, avisé les autorités compétentes qu'il cesse toute activité terroriste ou subversive et qui se sera présenté spontanément à ces autorités compétentes.
Art. 4.- Dans les mêmes conditions prévues à l'article 3 ci-dessus, ne sera pas poursuivie, la personne qui aura détenu des armes, explosifs ou d'autres moyens matériels et les aura remis spontanément aux autorités compétentes.
DE LA MISE SOUS PROBATION
. . .
Art. 7.- Bénéficient de la mesure de mise sous probation, selon les durées et dans les conditions ci-après déterminées, les personnes ayant fait partie d'une des organisations visées à l'article 87 bis 3 du code pénal et qui, dans un délai de six (6) mois à compter de la promulgation de la présente loi auront avisé les autorités compétentes qu'elles cessent toute activité terroriste ou subversive et se seront présentées spontanément, individuellement ou collectivement, à ces autorités.
Sont exclues du bénéfice des dispositions du présent article, les personnes ayant commis ou participé à la commission de crimes ayant entraîné mort d'homme, des massacres collectifs, d'attentats à l'explosif en des lieux publics ou fréquentés par le public ou de viols.
|Algeria||13/07/1999||Civil Harmony Act|
Page 2, Chapter III, Probation, Art. 3,
Any person who was part of one of the organizations referred to in article 87 bis 3 of the penal code, either inside or outside of the country, will not be prosecuted. This will only be the case if they have not committed or participated in any of the offenses provided for in article 87 bis of the penal code that led to the death of or permanent disability of a man, rape, and have not used explosives in public places. They must, within a period of six (6) months from the date this act comes into force, notify the competent authorities that they have ceased any terrorist or subversive activity, and must voluntarily present themselves to these authorities.
Page 2, Chapter III, Probation, Art. 7,
The following will benefit from probation measures , according to the time periods and conditions hereinafter determined: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code and who, within a period of six (6) months from the date this act comes into force have notified the competent authorities that they have ceased any terrorist or subversive activity, and have presented themselves, individually or collectively, to these authorities.
Persons who have committed or participated in crimes that led to the death of a man, in collective massacres, in bombings in public places, or rape, will be excluded from the benefits described in this article.
|Algeria||17/09/1996||Plate-forme de l'entente nationale|
Page 8, Singatories:
‘Organisations Patronales Publiques et Privées’, ‘Patronat Privé’:
Association pour la Promotion des Femmes Managers (Association Promoting Women Managers)
‘Associations de Jeunes’ signed by the Commissioner for Algerian Muslim scouts ‘pour les associations suivantes’/also representing the ‘Association nationale pour la Promotion et la Protection de la Femme et de la jeune Fille’ (Association for the Promotion and Protection of Women and Young Girls).
‘Associations Féminines’ signed by ‘Présidente de l’Association Nationale pour la Lutte contre l’Analphabétisme (IQRA) pour les associations suivantes : Association Voix de Femmes, Association Nationale pour la Lutte contre l’Analphabétisme, Mouvement des Femmes Algériennes pour la Solidarité avec la Famille Rurale, Association Nationale des Familles Victimes du Terrorisme, Association Nationale de Soutien aux Enfants en Difficulté en Institution, Rassemblement des Femmes Nationalistes Algériennes’
|Algeria||13/01/1995||Plate-forme pour une solution politique et pacifique de la crise algérienne (Plate-forme de Rome)|
Page 1, Untitled Preamble:
Today the people of Algeria live in a climate of terror without equal, exacerbated by intolerable social and economic conditions. In this faceless war, kidnappings, disappearances, assassinations, systematic torture, mutilations and reprisals, are the daily fare of the men and women of Algeria.
Page 2, A - Framework: values and principles:
• Guarantee of fundamental individual and collective liberties for all people, of any race, sex, religion or language;
C – The reestablishment of peace
- and on the other hand, an urgent call without ambiguity to stop the fighting. Algerians [both women and men] aspire to a return of peace. The modalities of implementation of this engagement will be determined by the two conflict parties with the active involvement of other representative parties.
|Angola||01/08/2006||Assembleia Nacional, Resolucao No 27-A/06 and 27 B06 (Memorandum of Peace and Understanding in Cabinda Province)|
Page 24, CAPITULO III Competencias Espedciais do Governo Provincial de Ambito Geral
ARTIGO 15 (Competencias de natureza economica e social)
... i) assegurar o apoio ao desenvolviemnto das funcoes especificas das familias e promover a igualdade de oportunidades para es mulheres no ambito social y laboral.
Page 31, CAPITULO IX Vice-Governadores ARTIGO 42 (Competencia)
2. Ao Vice-Governador para o sector social e de organizacao compete coadjuvar o Governador Provincial na coordenacao e execucao das tarefas ligadas as seguintes areas:
... d) justica, familia e promocao da mulher, comunicao social, administracao publica, emprego e seguranca social, cienca e tecnologia;
Page 24, Chapter III: Extraordinary Powers of General Scope of the Provincial Government, Article 15: Powers of Economic and Social Nature
... i) Guarantee the support to the development of specific functions of families and to promote equal opportunity for women in social and work places.
Page 31, Chapter IX: Vice-Governors, Article 42
2. It is the responsibility of the Vice-Governor for Social and Organisational Affairs to assist the Provincial Governor in the coordination and execution of tasks related to the following areas:
... d) justice, family and empowerment of women, social communication, public administration, employment and welfare, science and technology;
|Angola||04/04/2002||Luena Memorandum of Understanding (Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol)|
Page 14, Annex 1,
1. Generalities related to quartering
... (iii) The quartering of UNITA Military Forces also implies on the one hand, the accommodation of 12 generals and 47 brigadier generals in cities close to the quartering areas. On the other hand, it also requires the organization and the arrangement of locations for the installation of military families near the quartering areas. The number of family members, including men, women and children could reach 300,000.
Central African Republic
Democratic Republic of Congo
Republic of Congo
(African Great Lakes)
|15/12/2006||Pact on Security, Stability, and Development in the Great Lakes Region|
Page 3, Preamble,
... Determined to ensure the strict observance of the standards and principles of international humanitarian law, notably those relating to the protection and assistance of women, children, refugees and displaced persons, the violations of which have seriously affected the populations concerned;
Page 3-4, Preamble,
... Reaffirming our decision taken at Dar-es-Salaam to declare the Great Lakes Region a specific zone of reconstruction and development and jointly determined to meet the challenge of reconstruction and development with the full participation of all our peoples, particularly in partnership with the civil society organizations, young people, women, the private sector and religious organizations, as well as in close cooperation with the relevant regional organizations, the African Union, the United Nations, and the international community in general;
Page 10, Chapter II. The Protocols, Article 8, Protocol for the Prevention and the Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all forms of Discrimination,
... d) To proscribe all propaganda and all organisations which are inspired by ideas or theories based on the superiority of a race or a group of people of a particular ethnic origin, or which try to justify or encourage any form of ethnic, religious, racial or gender based hatred or discrimination.
Page 11, Chapter II. The Protocols, Article 11, Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children,
The Member States undertake, in accordance with the Protocol on the Prevention and Suppression of Violence Against Women and Children, to combat sexual violence against women and children through preventing, criminalizing and punishing acts of sexual violence, both in times of peace and in times of war, in accordance with national laws and international criminal law.
Page 19, Chapter V. The Regional Follow-up Mechanism, Article 25, Ad-hoc Group of Experts,
The Inter-Ministerial Committee may nominate an ad-hoc group of a maximum number of six independent experts composed of men and women in equal numbers and of high moral integrity, whose mission shall be to:
Central African Republic
Democratic Republic of Congo
Republic of Congo
(African Great Lakes)
|20/11/2004||Dar-Es-Salaam Declaration on Peace, Security, Democracy and Development in the Great Lakes Region|
Page 2-3, I. PREAMBLE:
... 2. Deeply concerned about the endemic conflicts and persistent insecurity caused or aggravated by, inter alia, economic stagnation and poverty aggravation, mistrust and suspicion between governments, massive violations of human rights and other policies of exclusion and marginalisation, gender inequality, use of violence for conquering and conserving power, impunity of crimes of genocide, crimes against humanity, war crimes, illicit trafficking of small arms and light weapons, proliferation of armed groups, organized crime and illegal exploitation of natural resources; recognising the efforts undertaken at national, regional and international level to resolve these endemic problems;
... 6. Deeply concerned about the humanitarian and social consequences of crises and armed conflicts especially violations of the human rights of women, children, the elderly, the disabled and youth, the recruitment and use of child soldiers in armed conflicts, the sexual violence and exploitation of girls and women and their use as sexual slaves, the forced displacement of populations, the vulnerability of communities living at the borders, the destruction of basic services, especially the health and education infrastructures, the food insecurity and subsequent malnutrition of populations, the degradation of the eco-system and human settlements, and the strain on the allocation of national resources between the security and social sectors;
... 11. Considering that the discrimination against women, particularly at decision- making levels, in the areas of peace and security, democracy and political, economic and social governance calls for a deliberate, immediate and sustainable redress;
Page 4, III. PRIORITY POLICY OPTIONS AND GUIDING PRINCIPLES PEACE and SECURITY
Commit ourselves to:
... 25. Adopt and implement, in an effective and sustainable way, national disarmament, demobilisation and reintegration programmes (DDR) and, where applicable, ensure regional coordination for repatriation and resettlement components (DDRRR), taking into account the special needs of former child soldiers and female ex- combatants ;
... 27. Protect vulnerable groups, women, children, the elderly, the disabled and the sick, the refugees and displaced persons, involving them in our peace efforts, addressing issues of sexual violence, implementing a Regional Strategy against the HIV/AIDS pandemic as a peace and security issue, in conformity with the relevant regional and international political and legal mechanisms, including Resolutions 1308 and 1325 of the United Nations Security Council, creating conditions for protecting the youth from all sorts of manipulation, particularly during armed conflicts;
Page 5-6, DEMOCRACY AND GOOD GOVERNANCE
33. Promote effective participation of the different socioeconomic actors, specifically the private sector, civil society, women and youth in the consolidation of democracy and good governance, particularly through the promotion of good governance at local level, and the emergence of independent and responsible media;
... 35. Adopt deliberate policies and mechanisms for promoting gender equality at all levels and in all sectors, at the national and regional levels, in accordance with the Millennium Declaration, the UN Security Council Resolution 1325 (2000), the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), the African Charter on Human and Peoples’ Rights, the Protocol on the Rights of Women in Africa, the Beijing Platform for Action and the African Union’s Declaration on Gender Equality in Africa;
Page 7, ECONOMIC DEVELOPMENT AND REGIONAL INTEGRATION
48. Formulate national and regional policies that promote the employment of women and youth and develop appropriate regional financing mechanisms so as to give them more access to micro-finance institutions, investment opportunities in trade and control of factors of production such as land, property and capital;
Page 8-9, HUMANITARIAN AND SOCIAL ISSUES
Commit ourselves to:
58. Respect and use the Guiding Principles on Internally Displaced Persons as proposed by the UN Secretariat, harmonise all the relevant pieces of legislation and define a national and regional framework for the monitoring and follow-up of the standards contained therein and which relate to the access and protection of disaster victims, internally displaced persons, women and children who are victims of conflicts;
... 67. Set up regional mechanisms, including relevant traditional support mechanisms, aimed at providing psychosocial support, medical and legal assistance to women and girls who are victims of rape as well as other acts of sexual violence and exploitation;
Page 10, IV. FOLLOW-UP MECHANISM
76. Set up a Regional Inter-Ministerial Committee, mandated to prepare selected, concrete, achievable and measurable draft Protocols and programmes of action together with specific short, medium and long-term objectives; the Committee is assisted by the Regional Preparatory Committee, enhanced with representatives of the Civil Society, women, youth and other reputable experts with at least one third of women representatives; the Draft Protocols and Programmes of Action will be submitted to the Second Summit and will form with this Declaration, the Pact on Security, Stability and Development in the Great Lakes Region;
77. Direct the Regional Inter-Ministerial Committee to take into account the recommendations emanating from the meetings of the Regional Preparatory Committee, other special regional meetings as well as meetings related to the preparation of the Conference, including the First Ladies Forum;
Central African Republic
Democratic Republic of Congo
Republic of Congo
(African Great Lakes)
|24/02/2013||Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region
3. The consequences of this violence have been nothing short of devastating. Acts of sexual violence and serious violations of human rights are used regularly and almost daily as weapons of war. Displacement figures are among the highest in the world and persistently hover near two million people. The implementation of the country's reconstruction, security reform and poverty alleviation program is regularly disrupted.
Central African Republic
Democratic Republic of Congo
Republic of Congo
(African Great Lakes)
|30/11/2006||Protocol of Non-aggression and Mutual Defence in the Great Lakes Region|
Page 2, Preamble,
... Taking account of the provisions of the Security Council Resolution 1325, on the protection of women and children during armed conflicts and the need for the equitable representation of women in making decisions aimed at ending such conflicts;
Page 5, Article 2
Objectives The objectives of this Protocol are to:
... 4. Safeguard human and people’s rights, gender equity, the rule of law, democracy, and sustainable development in the Great Lakes Region;
Page 5, Article 3 Renunciation of the Threat or Use of Force by Member States
... 2. This renunciation is without prejudice to the primary responsibility of Member States to preserve the integrity of their sovereignty and to protect the lives and human rights of all persons and all peoples, including women and children, residing within their territories.
|Bahrain||28/07/2011||Bahrain National Dialogue Proposals, Executive Summary|
Page 2, III. Main outcomes under the four main policy areas: Political, Econcomic, Social and Rights
1. . . .
Delegates did not reach consensus on a number of further suggestions, such as limiting the term for ministers and head of government or a fixed quota for women in parliament. They did not agree on whether the Shura Council should be granted the same powers as the Parliament, and whether the responsibility for law making and oversight should be restricted to the elected chamber.
Page 2, 2. The debate centred on equal representation of the population. Critics of the current system argued that the geographical distribution of constituencies did not reflect the demographics of Bahrain. They maintained that the proposals for a system with one or five constituencies would reduce existing inconsistencies and provide greater opportunity for women and minority groups to be represented. Others defended the current arrangement, noting that smaller constituencies allow MPs better familiarity with their community. They feared that reducing the number of constituencies would create sectarian quotas in parliament, leading to political crisis.
Page 5, C. Social
3. Women, children and persons with special needs
The National Dialogue recognised the importance of protecting the rights of women, children and persons with special needs. A decision to bolster women’s rights will ensure their greater protection from violence, equal rights in the workplace and greater political and economic empowerment, including reviewing women’s salary levels in the private sector. In particular, Bahrain will ensure the comprehensive implementation of the UN Convention on the elimination of all forms of discrimination against women while respecting the country’s religious tradition. On children’s rights, delegates called for all relevant legislation to be fully implemented, and to restrict the participation of children in rallies and demonstrations. People with special needs will be granted better access to education and specialised bodies through the adoption of a National Strategy on the rights of people with special needs in September 2011. Delegates called for improved coordination between the government and civil society organisations protecting the rights of people with special needs.
Page 6, 5. Naturalised citizens
Consensus was reached on the proposal that the children of Bahraini women married to foreign nationals would be granted Bahraini citizenship according to a clear set of rules. Delegates agreed to develop rules to prohibit discrimination against naturalised citizens. Naturalised citizens will be entitled to stand for elections 5 years after having obtained their Bahraini passport on the condition that they are not dual nationals.
|Bahrain||29/06/2011||Royal Order No.28 of 2011, Establishing an Independent Commission to Investigate and Report on the Events Which Occurred in Bahrain in February/March 2011|
Page 2, Article Two.
The Commission consists of five eminent and internationally- renowned members, whose experience and reputation worldwide is well established. They are:
- Dr. Badria Al-Awadhi (member).
|Bahrain||15/02/2001||National Action Charter of Bahrain|
Page 2, We shall remain hand in hand and united over the course of this process and I hereby stretch my hand to every single Bahraini, men and women, as it showed the pledge of allegiance and it will show a new formula of allegiance. The new formula and the national modernization shall be the features of our best days to come.
Page 7, Sixth - Family as the basis of society
Based on the firm belief that family is the nucleus of the society and that good family is key to a cohesive society as well as key to upholding religious and ethical values and national sense of belonging, the state protects the legal form of family as well as maternity and childhood, provides care to children, protects them from exploitation and moral, physical and spiritual negligence. In particular, the state pays special attention to physical, moral and mental development of youth. In this respect, the state ensures necessary social security for citizens in cases of aging, invalidity, orphanage, widowing and unemployment. The state also secures social insurance services for citizens in such cases. The state secures health care and puts in place health policies that are conducive to achieving the objective of health for all. The state ensures the solidarity of the society in sharing burdens arising from natural calamities and disasters, compensation of those who may be injured due to war or on account of military duty. The state endeavors to support women's rights and the enactment of laws on protection of family and family members.
Page 9, Chapter II: Government System
Seventh - People's right to participation in Public Affairs
Citizens, men and women alike, have the right to participate in public affairs and political rights including suffrage and the right to contest as prescribed by law.
Page 13-14, Chapter VII: Foreign Relations
... It is noted that since it joined the United Nations, Bahrain has contributed to all UN activities, resolutions, events, agreements and conventions, particularly those related to human rights, civil, political and socioeconomic rights, women's rights as well as the work of UN specialized agencies. In the realm of international economic and trade relations, the considered policy of the state of Bahrain stands for free international trade, movement of investment, capital and labour while taking into account national interests of individual countries. In so believing, the state of Bahrain maintains that each country enjoys the better title over its own natural resources that cannot be disposed of under any external pressure or dictation.
Chittagong Hill Tracts
|02/12/1997||Agreement between the National Committee on Chittagong Hill Tracts Constituted by the Government and The Parbattya Chattagram Janasanghati Samity|
Page 2, B)(Kha) CHITTAGONG HILL TRACTS LOCAL GOVERNMENT COUNCIL/ HILL DISTRICT COUNCIL: ...2. The name “Hill District Local Government Council” shall be amended and the name of council shall be “Hill District Council.”
...4. a) There shall be 3 (three) seats for women in each of the Hill District Councils. One third (1/3) of these seats shall be for non-tribals.
Page 7, C) (Ga) THE CHITTAGONG HILL TRACTS REGIONAL COUNCIL: 3. The Council shall be formed with 22(twenty-two) members including the Chairman. Two-thirds of the members shall be elected from among the tribals. The Council shall determine its procedure of functioning. Composition of the Council shall be as follows: Chairman 1 Members Tribal 12 Members Tribal (women) 2 Members non- tribal 6 Members non-tribal (women) 1 Among the tribal members 5 persons shall be elected from the Chakma tribe, 3 persons from the Marma tribe, 2 persons from the Tripura tribe, 1 person from the Murung and Tanchangya tribes and 1 person from the Lusai, Bawm, Pankho, Khumi, Chak and Khiyang tribes. Among the non-tribal members 2 persons shall be elected from each district. Among the tribal women members 1 woman shall be elected from the Chakma tribe and 1 woman from other tribes.
Page 8, C) (Ga) THE CHITTAGONG HILL TRACTS REGIONAL COUNCIL: 4. Three seats shall be reserved for women in the Council, one-third of which will be non- tribal.
|21/11/1995||General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Agreement)|
Page 60, Annex 4: Constitution of Bosnia and Herzegovina, Article I, Bosnia and Herzegovina, 7. Citizenship.
There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that:...(b) No person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him or her stateless. No person shall be deprived of Bosnia and Herzegovina or Entity citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Page 62, Annex 4: Constitution of Bosnia and Herzegovina, Article II, Human Rights and Fundamental Freedoms, 4. Non-Discrimination.
The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina, 4.
1957 Convention on the Nationality of Married Women.
Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina, 9.
1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Page 83, Annex 6: Agreement on Human Rights, Chapter One: Respect for Human Rights, Article I, Fundamental Rights and Freedoms (14)
The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in the Annex to this Constitution secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Page 83, Annex 6: Agreement on Human Rights, Chapter Two: The Commission on Human Rights, Part A: General, Article II: Establishment of the Commission, 2.
The Office of the Ombudsman and the Human Rights Chamber shall consider, as subsequently described:...(b) alleged or apparent discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status arising in the enjoyment of any of the rights and freedoms provided for in the international agreements listed in the Appendix to this Annex where such violation is alleged or appears to have been committed by the Parties, including by any official or organ of the Parties, Cantons, Municipalities, or any individual acting under the authority of such official or organ.
Page 93, Annex 6: Agreement on Human Rights, Appendix, Human Rights Agreements, 5.
1957 Convention on the Nationality of Married Women
Page 93, Annex 6: Agreement on Human Rights, Appendix, Human Rights Agreements, 10.
1979 Convention on the Elimination of All Forms of Discrimination against Women
|21/12/1994||Comprehensive Peace Agreement (Carter Agreement)|
Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
|16/09/1993||Agreement relating to Bosnia and Herzegovina (Owen-Stoltenberg Peace Plan, or 'Invincible plan')|
Page 16, Annex C: Human Rights Instruments Incorporated into the Constitutional Agreement, A. General Human Rights, especially Civil and Political Rights
8. International Convention on the Elimination of All Forms of Discrimination Against women
Page 17, Annex C: Human Rights Instruments Incorporated into the Constitutional Agreement, D. Citizenship and Nationality
18. 1957 Convention on the Nationality of Married Women
|02/05/1993||The Vance-Owen Plan|
Page 8, Appendix, Sarajevo "blue route" concept, Outline plan for blue routes, 1. Execution, 1.2 Use of the blue routes, 1.2.2 Access for civilians
All civilians, regardless of sex, age, or ethnic origin, and without weapons or ammunition, will be allowed to use the routes...
|22/05/1992||Geneva Agreement on humanitarian principles|
Page 1, 1. GENERAL PRINCIPLES
The parties commit themselves to respect and to ensure respect for the Article 3 of the four Geneva Conventions of August 12, 1949, which states, in particular:...Persons taking no active part in the hostilities, including members of armed groups who have laid down their arms and those placed “hors de combat” by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
|11/04/1992||Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons|
Page 1, paragraph 3
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
|10/11/1995||Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina, Dayton|
Page 9, II. Decisions, I, Article 2
...As a first step, existing regulations shall be fully implemented to take effect by 1
December, in order to provide:... an unlimited number of crossings for women, children and men not of military age or military obligation, as well as simpler procedures for the crossings, without prior registration.
|23/12/1994||Comprehensive Ceasefire Agreement, Pleso|
Page 1, Article 4
The parties agree to protect the human rights of those persons residing within territory under their control in accordance with international standards, to include international humanitarian law. All peoples, regardless of age, sex or ethnic origin, shall have the right to live in a location of their choice.
|18/03/1994||Declaration Concerning the Constitution of the Federation of Bosnia and Herzegovina (with Proposed Constitution of the Federation of Bosnia and Herzegovina attached)|
Page 3, II. Human rights and fundamental freedoms, A. General, Article 2
1. All persons within the territory of the Federation shall enjoy the rights:
d. To freedom from discrimination based on race, colour, sex, language, religion or creed, political or other opinions, and national or social origin;
Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
6. 1957 Convention on the Nationality of Married Women
Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
12. 1979 International Convention on the Elimination of All Forms of Discrimination Against Women
|01/03/1994||Framework Agreement for the Federation (Washington Agreement or Contact Group Plan)|
Page 11, Annex, Human Rights Instruments Incorporated into the Constitutional Agreement
8. 1979 International Convention on the Elimination of Discrimination Against Women
18. 1957 Convention on the Nationality of Married Women
|29/04/1993||Release of all civilian prisoners and cleaning up of the battle field|
Page 1, 1.
All civilian persons: men, women and children, who were imprisoned during the conflicts between BiH Army and HVO, are to be released before 12.00 hours 30 april 1993.
|09/12/1998||Framework on Police Restructuring Agreement, Reform and Democratization in the Republika Srpska|
Page 2, Article 13
In accordance with the non-discrimination provisions of the GFAP and the "Principles of Policing in a Democratic State," we affirm that all members of the RS MUP, regardless of ethnic, political, or religious affiliation or gender shall be fully-integrated into the force and shall hold functional positions based on objective, non-discriminatory hiring, assignment and promotion practices.
Page 3, Article 14
Acknowledging the present under-representation of women in the Republika Srpska police force, we agree to undertake measures to increase the training and hiring of women officers. We agree to step up active recruitment of women candidates into the Republika Srpska Police Academy.
|19/07/1995||Agreement between General Smith and General Mladic|
Page 1, 7.
To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:...b. Evacuation of women, children and elderly Moslems, those who want to leave.
|Burundi||08/04/2009||Déclaration du Directoire Politique du processus de paix au Burundi sur le processus de mise en oeuvre des décisions conjointes prises à Pretoria|
(p.1) ‘Jusqu’à un maximum de 1.000 femmes dont les noms peuvent ne pas figurer sur la liste certifiée mais qui, conformément à la Résolution 1325 de l’an 2000 du Conseil de Sécurité sur les femmes, la paix et la sécurité, peuvent être considérées comme des « femmes associées » aux FNL.’
(p.2) ‘le gouvernment du Burundi et le FNL devront urgememment nommer, chacun, deux représentant, qui travailleront étroitement avec les Nations Unies et d’autres parties prenantes sur tous les aspects relatifs au genre.’
Page 1, para 6: The FNL, having separated their adult members from their children members, should:
…(b) proceed with the separation of their members and divide them up according to the four following categories:
…(4) Up to a maximum of 1000 women whose names may not appear on the certified list, but who, in compliance with UN Security Council Resolution 1325 on Women Peace and Security passed in 2000, could be considered as ‘women associated with the FNL’.
People in categories (3) and (4) will be eligible to receive allowances of which a significant portion will be allocated for their socio-economic reintegration at the community level.
Page 2, para 9: The Government of Burundi and the FNL should each urgently appoint two representatives who will work directly with the United Nations and other stakeholders on all gender-related matters.
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(4) A maximum of 1,000 women who do not appear on the certified list but who, in accordance with the year 2000 Security Council Resolution 1325 on women, peace and security, may be considered to be FNL “associated women”.
Categories (3) and (4) will be eligible for subsidies, an important proportion of which will be aimed at their socio-economic reintegration in the community.
|Burundi||07/09/2006||Comprehensive Ceasefire Agreement between the Government of the Republic of Burundi and the Palipehutu - FNL|
Page 3, Article II:
1. Ceasefire Agreement shall imply:
1.1.5 Cessation of all acts of violence against the civilian population: acts of vengeance; summary executions; torture: harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide "Ideologies;
1.1.5. Cessation of all acts of violence against the civilian population: acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers: sexual violence; sponsoring or promotion of terrorist or genocide ideologies;
Page 9, Annexure I, To the Comprehensive Cease-fire Agreement Obligations of the Parties, 3. Obligations of the Government of Burundi:
3.1.2 The Palipehutu-FNL shall hand over to JVMM a certified list of their combatants, weapons, military equipment and inventory. The said list must entail the particulars of all the individuals and formally indicate the number and location of children and families who shall benefit from special programmes. The list must contain the following details:
a. Name and military rank;
b. An Indication of male, female, child soldier;
Page 10, Annexure I, Annexure I To the Comprehensive Cease-fire Agreement Obligations of the Parties, 4. Definitions:
18.104.22.168 Cessation of all acts of violence against the civilian population; acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide ideologies.
Page 9, ANNEXURE I TO THE COMPREHENSIVE CEASE-FIRE AGREEMENT - OBLIGATIONS OF THE PALIPEHUTU-FNL:
3 Obligations of the Palipehutu-FNL:
3.1 From the time the Agreement takes effect
3.1.2 The Palipehutu-FNL shall hand over to-JVMM, a certified list of their combatants, weapons, military equipment and inventory. The said list must entail the particulars of all the individuals and formally indicate the
number and location of children and families who shall benefit from special programmes. The list must contain the following details:
b. An Indication of male, female, child soldier;
Page 10, Annexure I, Annexure I To the Comprehensive Cease-fire Agreement Obligations of the Parties, 4. Definitions:
4.1. The definitions shall serve as implementation principles of the present Ceasefire Agreement.
22.214.171.124 Cessation of all acts of violence against the civilian population; acts of vengeance; summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide ideologies.
|Burundi||18/06/2006||Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi|
Page 4, Article 1. The history of Burundi and the Ethnic Question:
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Page 9, Annexure A, Chapter 1. The history of Burundi and the Ethnic Question, Article 2
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.
Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
|Burundi||18/03/2005||Constitution of 18 March 2005|
Page 6, TITLE I: OF THE STATE AND OF THE SOVEREIGNTY OF THE PEOPLE, 1. OF THE GENERAL PRINCIPLES, Article 12:
The children born of Burundian men or women have the same rights with regard to the law on nationality.
Page 6, TITLE I: OF THE STATE AND OF THE SOVEREIGNTY OF THE PEOPLE, 2. OF THE FUNDAMENTAL VALUES, Article 13:
All Burundians are equal in [their] merits and dignity. All citizens enjoy the same rights and have right to the same protection of the law. No Burundian may be excluded from the social, economical or political life of the nation because of their race, of their language, of their religion, of their sex or of their ethnic origin.
Page 7, TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, Article 19:
The rights and the duties proclaimed and guaranteed, among others, by the Universal Declaration of the Rights of Man, the International Pacts relative to the rights of man, the African Charter of the Rights of Man and of Peoples, the Convention on the Elimination of all Forms of Discrimination concerning Women and the Convention relative to the rights of the child are an integral part of the Constitution of the Republic of Burundi.
Page 8: TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, 1. OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL AND OF THE CITIZEN, Article 22:
All citizens are equal before the law, which assures them an equal protection. No one may be subject to discrimination notably because of their origin, of their race, of their ethnicity, of their sex, of their color, of their language, of their social situation, of their religious, philosophical or political convictions or because of a physical or mental handicap or because they are carriers of the HIV/AIDS or of any other incurable disease.
Page 8: TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, 1. OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL AND OF THE CITIZEN, Article 24:
Every woman, every man has the right to life.
Page 8: TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, 1. OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL AND OF THE CITIZEN, Article 25:
Every woman, every man has the right to the freedom of their person, notably to the physical and psychical integrity and to the freedom of movement. No one shall be submitted to torture, or to cruel, inhuman or degrading penalties or treatments.
Page 8, TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, 1. OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL AND OF THE CITIZEN, Article 28:
Every woman, every man has the right to respect for their private life and for their family life, for their domicile and their personal communications
Page 9, TITLE II: OF THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES, OF THE INDIVIDUAL AND OF THE CITIZEN, 1. OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL AND OF THE CITIZEN, Article 29:
The freedom to marry is guaranteed, as well as the right to choose his or her partner. The marriage may only be concluded with the free and full consent of the future spouses.
The marriage between two persons of the same sex is prohibited.
Page 15, TITLE III: OF THE SYSTEM OF POLITICAL PARTIES, Article 78:
In their organization and their functioning the political parties must respond to democratic principles. They must be opened to all Burundians, and their national character must also be reflected at the level of their leadership [direction]. They may
not advocate violence, exclusion, and hatred in any of their forms, notably those based on ethnic, regional, religious or gender affiliation.
Page 15, TITLE III: OF THE SYSTEM OF POLITICAL PARTIES, Article 80:
The law guarantees the non-interference of the public powers in the internal functioning of the political parties, except for that of the restrictions necessary to prevent ethnic, political, regional, religious or gender hatred and to maintain the public order.
Page 17, TITLE IV: OF THE ELECTIONS, Article 91:
The Commission is given the charge of the following missions: g. To assure the respect for the provisions of this Constitution relative to multi-ethnicity and to gender and to take cognizance of the claims in this respect.
Page 19, TITLE V: OF THE EXECUTIVE POWER, 1. Of the President of the Republic, Article 99:
Every candidacy to the presidential elections must be supported [parraineé] by a group of two hundred persons formed taking into account the ethnic and gender components.
Page 24, TITLE V: OF THE EXECUTIVE POWER, 3. OF THE GOVERNMENT, Article 129:
The Government is open to all the ethnic components. It includes at most 60% of Hutu Ministers and Vice-Ministers and at most 40% of Tutsi Ministers and Vice-Ministers. A minimum of 30% of women is assured.
Page 25, TITLE V: OF THE EXECUTIVE POWER, 3. OF THE GOVERNMENT, Article 135:
The members of the Government make or propose the appointments in the public administration and to the diplomatic posts taking into account the necessity to maintain an ethnic, regional, political and gender equilibrium.
Page 26, TITLE V: OF THE EXECUTIVE POWER, 4. OF THE PROVINCIAL AND PUBLIC ADMINISTRATION, Article 143:
The Administration is largely representative of the Burundian Nation and must reflect the diversity of its components. The practices that it observes in the matter of
employment are founded on objective and equitable criteria of aptitude as well as on the necessity to correct the disequilibrium and to assure a wide ethnic, regional and
gender representation. The ethnic representation in the public enterprises is provided on the basis of 60% at most for the Hutu and 40% at most for the Tutsi.
Page 26, TITLE V: OF THE EXECUTIVE POWER, 4. OF THE PROVINCIAL AND PUBLIC ADMINISTRATION, Article 145:
No agent of the public administration or of the judicial apparatus of the State may benefit from a treatment of favor nor be subjected to a partial treatment for the sole motive of their sex, of their ethnic or regional origin or of their political affiliation.
Page 31, TITLE VI: OF THE LEGISLATIVE POWER, 2. OF THE NATIONAL ASSEMBLY, Article 164:
The National Assembly is composed of at least one hundred Deputies on the basis of 60% of Hutu and 40% of Tutsi, including a minimum of 30% of women, elected by universal direct suffrage for a mandate of five years, and of three Deputies originating from the Twa ethnicity co-opted in accordance with the electoral code.
Page 32, TITLE VI: OF THE LEGISLATIVE POWER, 2. OF THE NATIONAL ASSEMBLY, Article 168:
The elections of the Deputies takes place following the ballot for the bloc lists by proportional representation. These lists must have a multi-ethnic character and take into account the equilibrium between men and women. For three candidates registered together on a list, only two may belong to the same ethnic group, and at least one in four must be a woman.
Page 34, TITLE VI: OF THE LEGISLATIVE POWER, 2. OF THE SENATE, Article 180:
1. Two delegates from each province, elected by an electoral college composed of members of the communal councils of the considered province, originating from different ethnic communities and elected by distinct ballots;
A minimum of 30% of women is assured. The electoral law determines the practical modalities, with co-optation the case arising.
Page 35-36, TITLE VI: OF THE LEGISLATIVE POWER, 2. OF THE SENATE, Article 187:
The Senate is provided with the following competences:
5. Controlling the application of the constitutional provisions by demanding the ethnic and gender representativeness and the equilibrium in all the State structures and institutions, notably the public administration and the Corps of Defense and of Security;
Page 41, TITLE VIII: OF THE JUDICIAL POWER, Article 208:
The procedures of recruitment and appointment in the judicial corps submit imperatively to the concern to promote regional [and] ethnic equilibrium and the equilibrium between genders.
Page 43, 1. OF THE SUPERIOR COUNCIL OF THE MAGISTRATURE
Article 217, The Superior Council of the Magistrature is equilibrated on the ethnic [and] regional plane and between genders.
Page 48, TITLE X: OF THE CORPS OF DEFENSE AND OF SECURITY, Article 247:
The Corps of Defense and of Security develop within them a nondiscriminatory, non-ethnicist and non-sexist culture.
Page 49, TITLE X: OF THE CORPS OF DEFENSE AND OF SECURITY, Article 255:
The State has the duty to put in place a pertinent policy of reforms in [the] matter of defense and of security that reinforces the unity and the cohesion of the Burundian People, notably by assuring the necessary ethnic, regional and gender equilibriums.
|Burundi||06/08/2004||Accord de Partage de Pouvoir au Burundi|
Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Page 3, Article 13:
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.
Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Page 4, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.
|Burundi||02/11/2003||Forces Technical Agreement between the Transitional Government of the Republic of Burundi and the CNDD-FDD|
Page 19, Annex A: List of Questions of List of Questions to Signatories:
3. Total number of dependents accompanying the combatants
a. The aged (men and women)
b. Spouses (wives)
|Burundi||02/12/2002||Ceasefire Agreement between the Transitional Government of Burundi and the Conseil National pour la Defence de la Democratie-Forces pour la Defense de la Democratie|
Page 2-3, Article II:
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
Page 10, E. Definitions:
2.1.6. The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
|Burundi||28/10/2001||Constitution de transition du 28 octobre 2001|
Page 2, Title I: General Dispositions, Article 4:
The transitional period is dedicated to the achievement of the following objectives:
3° Reconcile and unify Burundians, and lay the foundations of a democratic and unified Burundi, thanks to, inter alia, the promotion of a vast education programme on peace, democracy, and ethnic, regional, religious gender tolerance and other equality status issues.
Page 4, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, Article 15:
The rights and duties proclaimed and guaranteed by the Charter of National Unity, the Universal Declaration of Human Rights, international treaties relating to human rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, the International Convention on the Elimination of all Forms of Racial Discrimination and the Convention on the Rights of the Child form an integral part of the present Transitional Constitution. These basic rights are not the subject of any restriction or dispensation, except in certain justifiable circumstances, acceptable under international law and for which provision has been made in the present Transitional Constitution.
Page 4, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, 1. Rights of the Individual, Article 21:
Every woman and man has the right to life, to security of the person and to physical integrity.
Page 5, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, 1. Rights of the Individual, Article 23:
All women and all men are equal in dignity, rights and duties. No one may be discriminated against, notably because of origin, race, ethnicity, sex, colour, language, social situation, religious, philosophical or political convictions, a physical or mental handicap, or for being a carrier of HIV/AIDS. All citizens are equal before the law, which ensures them equal protection.
Page 7, Title IV: On Political Parties System, Art 71:
It is forbidden to political parties to identify itself in form, action or any other manner, on the basis of ethnicity, region, religion, sect or gender.
Page 7, Title V: On Executive Power, Art 77:
Men and women called to lead the transition must, at any time, demonstrate integrity, determination, patriotism, and competence, and have the best interests of all Burundians at heart, without any discrimination.
Page 15, TITLE V: EXECUTIVE POWER, 3. The Transitional Government of National Unity, Article 105:
The Transitional Government of National Unity determines and conducts the policy of the nation within the framework of the decisions taken by consensus in the Council of Ministers.
It shall take its decisions and operate generally in accordance with the spirit of the principle of a Government of national unity. It makes decisions by consensus. He makes or proposes appointments in the civil service and diplomatic posts in the same spirit. It also takes into account the need to maintain ethnic, regional, religious, political and gender balance in its decisions and appointments.
Page 28, TITLE VIII: JUDICIAL POWER, Article 166:
The procedures of recruitment and appointment in the judicial sector submit to the concern to promote ethnic equilibrium and the equilibrium between genders.
Any appointment to the judicial office referred to in Article 147-9 ° shall be made by the President of the Republic on the proposal of the Supreme Council of Magistracy and after confirmation by the Transitional Senate.
Page 33, TITLE IX: DEFENCE AND SECURITY FORCES, Article 199:
The Defence and Security forces will develop a non-discriminatory, non-ethnic, and non-sexist culture within their organisations.
Page 39, TITLE XIII: NATIONAL AND INTERNATIONAL COMMISSIONS, 2. National Commission for Truth and Reconciliation, Article 231:
The members of the Commission are appointed by the President of the Republic, in consultation with the Vice-President of the Republic, the committees of the Transitional National Assembly and of the Transitional Senate. The members of the Commission are chosen for their probity, their integrity and their capacity to transcend divisions of any nature. They come notably from associations of civil society, political parties, religious denominations and women’s organisations.
|Burundi||28/08/2000||Arusha Peace and Reconciliation Agreement for Burundi|
Page 3, Untitled Preamble:
[Talks held] in the presence of:
- The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,
Page 17, Protocol I, Chapter II: Solutions, Article 5: General political measures:
1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.
Page 18: Article 6: Principles and measures relating to genocide, war crimes and other crimes against humanity
2. Prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity, as well as violations of human rights, including those which are gender-based.
Page 19-21, Article 7: Principles and measures relating to exclusion:
7.1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
7.3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
Principles and measures related to public adminstration
7.5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
7.8 Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
Principles and measures relating to education:
7.11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
7.12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.
7.14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.
Principles and measures relating to the defence and security forces
7.17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.
Principles and measures relating to justice
7.18.Pursuant to the relevant provisions of Protocol II to the Agreement:
b.Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;
Page 23, Article 8: Principles and measures relating to national reconciliation:
8.2. Membership of the commission
Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women’s organizations, or may stand as individual candidates.
Page 25, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 1. Fundamental values:
1.1 1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.
Page 26-28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights:
3.1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.
3.4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.
3.6. All women and men shall have the right to life.
3.7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.
3.10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
3.19. Property rights shall be guaranteed for all women and men. ...
Page 35, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 9: The Judiciary:
9.11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.
Page 37, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 10, The administration:
10.6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.
Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
15.16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.
Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17: Judicial and administrative reforms:
17.3.a. The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
17.3.b. So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period
Page 48, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20, Elections:
20.8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
Page 54, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 1: Peace and Security for All:
1.10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.
Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 5: Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;
Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 6: Consequences of the insecurity and violence:
6.a. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;
Page 60, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 11: Composition of the national defence force:
11.4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.
Page 63-64, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 14: Composition of the defence and security forces:
14.1.a. There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.
14.2.a. There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.
Page 66, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 16: Balances within the defence and security forces.
1. The following criteria shall be used to determine the imbalances in the defence and security forces:
Page 69-70, Protocol III: Peace and Security for All, CHAPTER III: Permanent Ceasefire and cessation of hostilities - Definition and General Principles, Article 25: Definitions:
1. Ceasefire means the cessation of:
(c) All acts of violence against the civilian population – summary executions, torture, harassment, detention and persecution of civilians on the basis of ethnic origin, religious, beliefs and political affiliations, incitement of ethnic hatred, arming of civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilian population;
Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
2. It shall respect the following principles:
c. Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;
h. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.
Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
3.d. Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972)
Article 4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
(b) To give all returning families, including female- and child-headed families, food
aid, material support and assistance with health, education, agriculture and
reconstruction until they become self-sufficient;
(c) To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;
Page 80, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 8: Issues relating to land and other property:
To resolve all issues relating to land and other property, the following principles and
mechanisms shall be applied:
a. Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest
and in accordance with the law, which shall also set out the basis of compensation;
Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
Article 10: Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.
Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13: Political Reconstruction:
Physical reconstruction and political reconstruction must be mutually supportive. Political reconstruction is aimed at making national reconciliation and peaceful coexistence possible, and must be directed towards the establishment of the rule of law. In this context, the following programmes and measures shall be undertaken:
d. Initiation of tangible actions for the advancement of women;
Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, Article 16: Guidelines governing development:
Guidelines governing development
In pursuit of these objectives, the Government shall follow the guidelines set out hereunder on
the basis of the measures specified in the report of Committee IV (see Annex IV):
i. Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;
Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
Concerned also about the negative impact of the conflict on Burundian women and children,
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,
Page 82-83, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2: Transitional Institutions:
2.2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all
Burundians without any discrimination. They must take a solemn oath before assuming their duties.
Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
|Burundi||21/06/1998||Declaration by the Participants to the Peace Negotiations in Burundi|
Page 1, Untitled Preamble:
... we, the leaders/representatives of the parties to the conflict, namely, the Government of Burundi, National Assembly, Front pour
la democratie au Burundi (FRODEBU), Union pour le progrès national (UPRONA), Conseil national pour la défense de la démocratie (CNDD), Parti pour le redressement nationale (PARENA), Parti libéral (PL), Parti indépendant des travailleurs (PIT), Parti social democrate (PSD), Alliance burundo-africaine pour le salut (ABASA), INKINZO, AV-INTWARI, Parti pour la réconciliation du peuple (PRP), Parti du peuple (PP), Rassemblement du peuple burundais (RPB), Parti pour la libération du peuple hutu du Burundi (PALIPEHUTU) and Front de la libération nationale (FROLINA), in the presence of representatives of the following organizations of civil society: the Chamber of Commerce, the Women’s Association and the Youth Organization
|Burundi||10/09/1994||Agreement Embodying a Convention on Governance between the Forces for Democratic Change and the Political Parties of the Opposition|
Page 9-10, TITLE III. INSTITUTIONS, Chapter IV: The Government, Article 32:
During the period covered by this Convention, the Government shall have the following portfolios:
16. Ministry of Human Rights, Social Services and the Advancement of Women
|Cambodia||23/10/1991||Agreement on a Comprehensive Political Settlement of the Cambodia Conflict (Framework for a Comprehensive Political Settlement of the Cambodia Conflict or Paris Accords)|
Page 21, Annex 5, Principles for a new constitution for Cambodia, 2: Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination...
|Cambodia||28/08/1990||Statement of the Five Permanent Members of the Security Council of the United Nations on Cambodia Incorporating the Framework for a Comprehensive Political Settlement of the Cambodia Conflict|
Page 7, SECTION 4, HUMAN RIGHTS PROTECTION, 25: Articles 55 and 56 of the UN Charter pledge all member States to take joint and separate action to promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
|Central African Republic||11/05/2015||Pact Républicain pour la paix, la réconciliation nationale et la reconstruction en la République Centrafricaine|
Page 3, ON GOVERNANCE (DEMOCRATIC AND ECONOMIC) AND INSTITUTIONAL REFORM
We reaffirm that we, as Central African actors, agree on:
o The promotion of participative and inclusive democracy, based on the principle of equality between men and women; the strengthening of social cohesion, justice and reconciliation in the Central African Republic; the introduction of a provision in the constitution authorising the governing executive to carry out basic consultations on the key issues facing society;
o Restoring ethical standards in politics, in particular with immediate reform of the legal cadre of political parties; the development of an objective approach to financing political parties; the adoption of an opposition statute; the promotion of equal access to State media; the promotion of female and youth participation in elected political roles, including the imposition of quotas;
Page 4, ON THE RESTORATION OF STATE AUTHORITY, REDEPLOYMENT OF THE ADMINISTRATION AND DECENTRALISATION
We reaffirm the consensus among all Central African actors:
o To introduce regulations to govern the way the administration works, in particular appointments and promotions to public functions, taking into account the geographical and community diversity of the Central African Republic, regional balance, equality between men and women, and merit;
Page 4, ON JUSTICE AND RECONCILIATION
We reaffirm the consensus among all Central African actors on:
o The need to strengthen and respect the constitutional provisions on protecting the basic rights and liberties of all Central Africans without discrimination on grounds of age, sex, ethnicity or religion; and to guarantee free movement throughout the national territory;
Page 6, ON PEACE AND SECURITY
We reaffirm the consensus among all Central African actors on:
o The need to account for the specific needs of women, young persons and children in each phase of the DDR process
Page 7, ON ECONOMIC AND SOCIAL DEVELOPMENT
We reaffirm the consensus among all Central African actors:
o For the implementation of an authentic employment policy (particularly for young people, women and vulnerable populations) with the objective of improving investment, in order to develop male and female entrepreneurs in Central Africa, and attract foreign investment by developing measures to promote the private sector;
|Central African Republic||23/07/2014||Accord de cessation des hostilités en République Centrafricaine|
Page 1, PREAMBLE
Considering the ongoing desire of Her Excellency Madame Catherine SAMBA-PANZA, Head of the State of Transition, reiterated in various speeches (Brussels, Paris, Oslo, Malabo) and her last address to the Nation on July 4, 2014, to promote political dialogue and national reconciliation among all the sons and daughters of Central Africa
Page 2, Article 2
The cessation of hostilities implies:
• The cessation of all acts of violence against civil and military populations, and respect for and protection of human rights. These acts of violence include summary executions, torture, harassment, burning of villages and public and private property, destruction of religious buildings, pillage, the arbitrary detention and execution of civilian and military personnel, recruitment of child soldiers, sexual violence and arming civilians;
Page 3, The ex-combatants and Central African armed elements agree the following, Article 5
The parties also agree to:
b. Prohibit and condemn all violence, including sexual violence, against civilian and military populations
d. To end and prevent any future violations of children, in particular murder, mutilation, exploitation, rape and other violence
|Central African Republic||18/07/2013||Transitional National Charter (Interim Constitution)|
Page 1, PREAMBLE
Reassert their accession to all the international Conventions duly ratified, in particular those relative to the prohibition of any form of discrimination against women and those relative to the protection of children’s rights.
Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 5
All human beings are equal before the law regardless of race, ethnic origin, geographical origin, sex, religion, political affiliation or social status.
The law guarantees equal rights for men and women in all matters. In the Central African Republic, no one can be subject to nor privileged by their place of birth, person or family.
Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 6
The protection of women and children against violence and insecurity, exploitation and moral, intellectual and physical neglect is a duty for the State and other public authorities. This protection is guaranteed by appropriate measures and State institutions and other public authorities.
Page 3, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 9
All citizens are equal regarding employment. No one may be discriminated against in their work because of their origins, their sex, their opinions or their beliefs.
Page 6, TITLE II: OF STATE AND SOVEREIGNTY, Article 20
All Central Africans of both (2) sexes, aged eighteen (18) years old or more who enjoy their civil rights, are voters within the conditions prescribed by law.
Page 6, TITLE II: OF THE STATE AND SOVEREIGNTY, Article 21
Political parties or groups contribute to the expression of universal suffrage, to the political, economic and social life, to the monitoring of their elected members and to the shaping of their members’ citizenship.
It is forbidden for them to identify with a race, ethnic group, sex, religion, sect, language, region or armed group.
Page 14, TITLE IV: OF THE NATIONAL COUNCIL OF THE TRANSITION, Article 58
The following are matters of law:
1. Rules concerning the following areas:
• Respect of gender quotas in decision-making bodies;
Page 21, TITLE VI: OF THE CONSTITUTIONAL COURT OF THE TRANSITION, Article 80
The Constitutional Court of the Transition is composed of nine (9) members of which at least four (4) are women, who will hold the title of Constitutional Judges.
Constitutional Judges are appointed for the full length of the Transition. They are irrevocable and immutable. In the event of the death, voluntary resignation or permanent impeachment of a Constitutional Judge, their replacement will be provided for following the appointment procedure to this effect. The new Constitutional Judge will finish their predecessor’s mandate.
Constitutional Judges are appointed from among people with integrity and having at least ten (10) years of professional experience as follows:
• Two (2) magistrates of which one is a woman, elected by their peers.
• Two (2) lawyers of which one is a woman, elected by their peers.
• Two (2) research professors in Law of which one is a woman, elected by their peers.
• One (1) member appointed by the Head of State of the Transition.
• One (1) member appointed by the President of the National Council of the
• One (1) member appointed by the Prime Minister.
Their appointment is approved by decree of the Head of State of the Transition, and countersigned by the Prime Minister.
Page 23, TITLE VIII: OF THE HIGH COUNCIL OF COMMUNICATION OF THE TRANSITION, Article 91
The High Council of Communication of the Transition is composed of nine (9) members of which at least four (4) are women.
The members of the High Council of Communication of the Transition are appointed among people with at least ten (10) years of professional experience.
Their appointment is approved by decree of the Head of State of the Transition and countersigned by the Prime Minister.
|Central African Republic||11/01/2013||Déclaration de principe des parties aux négociations de Libreville sur la crise Centrafricaine|
Page 1, We, the belligerent parties concerned, undertake in the present Declaration to:
• Respect humans rights, particularly those of women and children, and to abstain from acts of sexual violence towards women, and from recruiting children as soldiers;
|Central African Republic||11/01/2013||Accord de cessez-le-feu entre le Gouvernement de la République Centrafricaine et la Coalition Seleka|
Page 1, PREAMBLE
Considering the ongoing desire of His Excellency (Army) General François BOZIZE YANGOUVOUNDA, President of the Republic, Head of State, reiterated in his speech to the nation of December 2012, to promote tolerance, dialogue and reconciliation among all the sons and daughters of Central Africa;
Page 2, Article 1
The belligerent parties must observe an immediate ceasefire, and end all hostilities within 72 hours of signing the Ceasefire Agreement. The ceasefire entails:
- The immediate cessation of all acts of violence against the civilian population, and the protection of human rights. These acts of violence include summary executions, torture, harassment, the detention and execution of civilians on grounds of ethnicity, as well as the recruitment of child soldiers, sexual violence, arming the civilian population, and the detention and execution of prisoners.
Page 2, Article 5
A priority programme must be established immediately in the following order:
2. Protection of human rights, including the release of all detained persons, cessation of sexual violence and the conscription of child soldiers;
|Central African Republic||08/10/2011||Accord de Cessez-le-Feu Entre d’une part L’Union des Forces Democratiques pour le Rassemblement (UFDR) et d’autre part la Convention des Patriotes pour la Justice et la Paix (CPJP)|
Page 1, PREAMBLE
- Considering that the CRA needs all of its daughters and sons, to achieve unity and in order to develop;
|Central African Republic||21/06/2008||Accord de Paix Global entre le Gouvernement de la République Centrafricaine et les Mouvements Politico-Militaires Centrafricains désignés ci après : Armée Populaire pour la Restauration de la Démocratie (APRD), Front Démocratique du Peuple Centrafricain (FDPC), Union des Forces Démocratique pour le Rassemblement (UFDR)|
Page 1, PREAMBLE
Considering the unwavering desire of His Excellency, Army General François BOZIZE, President of the Republic, Head of State, reiterated in his speech to the nation of December 31, 2006, to promote tolerance, dialogue and reconciliation among all the daughters and sons of Africa
|Central African Republic||09/05/2008||Accord de cessez le feu et de paix entre le Gouvernement de la République Centrafricaine et le mouvement politique et militaire Centrafricain APRD|
Page 1, PREAMBLE
• Considering the ongoing desire of His Excellency (Army) General François BOZIZE, President of the Republic, Head of State, reiterated in his speech to the nation of 31 December 2006, to promote tolerance, dialogue and reconciliation among all the sons and daughters of Central Africa;
|Central African Republic||02/02/2007||Accord de Paix entre le Gouvernement de la République Centrafricaine et les Mouvements Politico-Militaires ci-après designés: FDPC et UFDR (Syrte Agreement)|
Page 2, PREAMBLE
• Considering the unwavering desire of His Excellency, Army General François BOZIZE, President of the Republic, Head of State, reiterated in his speech to the nation of December 31, 2006, to promote tolerance, dialogue and reconciliation among all the daughters and sons of Central Africa
|Central African Republic||05/03/1998||National Reconciliation Pact (Bangui National Reconciliation Conference)|
Agreement signed by women's groups:
OFCA Organisation des femmes centrafricaines
KOLI-OUALI GALA Hommes et femmes commerçants
FNEC Fédération nationale des éleveurs centrafricains
|Chad||13/08/2007||Accord politique en vue du renforcement du processus démocratique|
Page 12, 6. DES DISPOSITIONS FINALES
Les Partis politiques signataires appellent le peuple Tchadien et en particulier : les associations de défense des droits de l’homme, les syndicats, les organisations féminines et des jeunes, à adhérer à ce processus de paix véritable et de développement durable que sous-tend le présent Accord Politique.
Page 12, Article 6. FINAL PROVISIONS:
The signatory political parties call upon the people of Chad and in particular: associations for the defence of human rights, unions, women and youth organisations, to support this genuine peace and sustainable development process which underlies the present Political Agreement.
|Colombia||06/09/2016||Joint Communique #97|
The National Government and the FARC – EP, pursuant to joint communiqué # 96 dated September 2 whereby we agreed to start the departure process of the minors from the camps of the FARC – EP, hereby inform that we have agreed on a departure and transitory shelter protocol for boys, girls and adolescents leaving the FARC – EP camps.
|Colombia||23/06/2016||Agreement on the Bilateral and Final Ceasefire, End of Hostilities, and Surrender of Weapons|
Page 6-7, Transitional (Veredales) Zones of Normalisation:
During the term of the Agreement on CFHBD and DA, the FARC-EP will designate a group of 60 of its members (men and women) that can be mobilised at a national level to perform duties related to the Peace Agreement. Likewise, for each ZVTN, FARC-EP will designate a group of 10 of its members that can be mobilised at a municipal and departmental level, to fulfil tasks related to the Peace Agreement. For these offsets, members of the FARC-EP will agree on security measures with the National Government, which will make available two protection teams per zone for the movement. The exit from ZVTNs will be under the responsibility of FARC-EP orders.
|Colombia||23/06/2016||Agreement on security guarantees and the fight against criminal organisations responsible for killings and massacres, or that infringe against defenders of human rights, social movements or political movements, including the criminal organisations that have been named successors to paramilitary groups and their support networks, and the persecution of criminal behavior that threatens the implementation of the agreements and the building of peace|
Page 1, Untitled Preamble:
Finally, Point 2 of the Agreement also says that "the Comprehensive Security System for Political Activity will be structured in accordance with a concept of security that is centered around the person itself, is based on the principles of sovereignty, non-intervention and self- determination of people, and allows for linking security measures with development and individual and collective well-being measures referred to in the present agreement", as well as taking a differential and gender-based approach.
Page 2-3, 3.4.1 Guiding Principles:
The Government and the FARC-EP agree on the following guiding principles:
3. Strengthening the administration of justice: in the context of ending the conflict building a stable and lasting peace, the measures taken must contribute to ensuring citizen access to independent, timely, effective and transparent justice, respecting and promoting alternative solution mechanisms for the settling conflicts in the territories, so as to ensure fundamental rights and impartiality, and to prevent any form of private justice and cope with the behaviours and organisations covered by this Agreement. These measures should also contribute to ensuring the effective administration of justice in cases of gender violence, free of gender-based stereotypes or sexual orientation, and with sanctions proportional to the gravity of the offense.
6. Gender -based Approach: Special emphasis will be placed on the protection of women, children, and adolescents who have been affected by criminal organisations targeted by Agreement. This approach will take into account the specific risks faced by women against their life, freedom, integrity, and security, and will be appropriate to such risks.
10. Guarantee of non-repetition: The State will take measures to ensure clarification of the paramilitary phenomenon, to prevent its repetition and ensure the dismantling of criminal organisations responsible for killings, massacres, and systematic gender-based violence, or that infringe on human rights defenders, social movements or political movements, including the criminal organisations that have been named successors to paramilitary groups and their support networks, and the prosecution of criminal behaviour that threatens the implementation of the agreements and the building of peace.
Page 3, 3.4.2 National Political Pact:
The desire for the country to achieve a stable and lasting peace is based on recognising the need to overcome armed conflict . The National Government and the new political movement that arises from the transition of the FARC-EP to legal political activity, undertake to promote a National Political Pact throughout the regions, with political parties and movements, guilds, civil society [fuerzas vivas de la Nación], organised society and communities in the territories, trade unions, the National Trade Union Council, and various business groups, owners and managers of communication media, churches, academy and educational institutions, as well as the following types of organisation: women’s, sexual diversity, people with disabilities, young people, indigenous people and people of African descent, victims, human rights defenders, and other social organisations.
Page 4, 3.4.3. National Security Guarantee Commission for dismantling criminal organisations...:
The National Security Guarantee Commission will be chaired by the President of the Republic, and will be composed of the Interior Minister, Defence Minister, Justice Minister, the National Attorney General , the Ombudsman , the Director of the Special Investigation Unit - point 74 of the Special Jurisdiction for Peace -, the General Commander of the Armed Forces, the General Director of the National Police, two (2) representatives of the new movement that will arise from the transition of the FARC-EP to legal political activity, and two (2) spokesmen representing human rights and peace platforms. The Commission will also be able to invite representatives of the political parties and movements, specialised national and international organisations with a presence in the territories, and will be able to rely on their experts on the matter when it is deemed convenient. The Commission will be established before the implementation of the Final Agreement. The effective participation of women will be encouraged when forming the Commission.
Page 5, 3.4.3. National Security Guarantee Commission for dismantling criminal organisations...:
The Commission’s work will be focused on:
g. Will design and construct its strategies to identify sources of funding and criminal activity patterns of the organisations and behaviours targeted by this Agreement; amongst these patterns, those that particularly affect women, children, adolescents, and the LGBT population will be taken into account;
o. Will ensure a territorial, differential, and gender -based approach towards the design, implementation and monitoring of the policies and strategies subject of this Commission.
Page 6-7, 3.4.4 Special Investigation Unit for dismantling the criminal organisations...:
Its mandate will be the investigation, prosecution, and research of criminal organisations responsible for killings, massacres, systematic gender-based violence, or that infringe on human rights defenders, social or political movements, including the criminal organisations that have been named to successors of paramilitary groups and their support networks, as well as the prosecution of criminal behaviour that threatens the implementation of the Agreements and the building of peace.
This Special Investigation Unit will have the following features:
• It will be created outside of the Special Jurisdiction for Peace. It will be a part of ordinary jurisdiction and the State Prosecutor Office. The Unit will decide what is necessary for its functioning and for creating its work and research groups, whilst promoting in these spaces the effective participation of women who will have the autonomy to choose their lines of research, to implement them, and to undertake proceedings before any jurisdiction.
• This Unit will deploy its research capability with a territorial, differential, and gender -based approach, to confront threat, with emphasis on areas where variables that endanger communities and the building of peace converge, giving priority to investigation of organised crime structures that are within its authority.
• Will be coupled with Special Unit of the Judicial Police formed by specialised Judicial Police of the National Police officials and Office of the Prosecutor officials, who are experts in different subjects, and who must have knowledge of the development and consolidation of organised crime associations, including knowledge of the paramilitary phenomenon and criminal organisations that have been named successors of the paramilitary groups. Efforts will be made to ensure that these officials also are knowledgeable regarding gender-based violence and justice. The Director will have functional command of CTI officials of the attached to his/her Unit, as well as the functional command of the other Judicial Police officers attached to it.
• The public servants that make up the Unit will be elected by the Directors, by applying special selection, incorporation and performance monitoring mechanisms, prioritising high standards of transparency, effectiveness and knowledge in implementing a gender-based approach to public exercise.
• This Unit will have as a basis a multidimensional investigative approach that focuses on the entire chain of targeted criminal organisations and behaviours, including criminal behaviour affecting women, children and adolescents.
• This Unit will have methods for analysing context, taking into consideration judicial experience accumulated in recent years, without prejudice against the possibility of using new methods of analysis, including the ones from a gender perspective.
The Special Unit
• Will implement specialised investigation method schemes with regard to the most serious acts of victimisation that organisations and behaviours covered by this agreement performed against women, children, adolescents and the LGBT population.
Page 8-9, 3.4.7 Comprehensive Security System for Political Activity:
The comprehensive system will develop a new model for guaranteeing for citizens' rights and protection, for political movements and parties, including the movement arising from the transition of the FARC-EP to legal political activity, and for rural communities and social, women’s, and human rights defenders organisations, respecting what was agreed in the Political Participation Agreement.
126.96.36.199 Protection and collective and social security measures
Considering that the agreement on political participation was agreed "Comprehensive Security System for Political Activity", which should be complemented and have its content defined with regard to security and protection for the people targeted by this system, and in order to provide security guarantees for the new political movement arising from the transition of the FARC-EP to legal political activity, for its members - men and women - in the process of reintegrating into civilian life, in addition to the applying the prevention, security, and protection of the territories model, and the protection measures defined in the framework of "Political Participation Agreement: Opening up Democracy to Build Peace";
The High-Level Body of the Comprehensive Security System for Political Activity (Political Participation Agreement, paragraph 188.8.131.52) will develop and implement, the following Security System Components:
• Specialized protection, on the basis of a risk assessment and in coordination with the State Entities concerned, for the following persons: those who have been publically elected, who declare themselves in political opposition and leaders of political parties and movements, with a differential approach and with a national and regional presence, as well as with a regional and local risk assessment entity, referred to in the subparagraph 184.108.40.206. (c) of the Political Participation Agreement: Opening up Democracy to Build Peace. Both risk assessments and specialised protection measures will apply gender protocols that ensure expertise regarding sexual orientation and gender identities of the people.
• Committee for promoting investigation of offenses against those who undertaking political activity, taking into account women and the LGBT population, as set forth in subparagraph 220.127.116.11. (d) of the Political Participation Agreement: Democratic Openness to Building Peace.
The National Government will ensure the participation of political parties and movements in the High-Level Body, especially those whose security has been affected, as well as victims and human rights organisations, and social movements, including those of women. When considered appropriate, a delegate of the international human rights organisations with a presence in Colombia, and other delegates of State Entities and control bodies may be invited.
Page 13, 3.4.7 Comprehensive Security System for Political Activity, 18.104.22.168 Comprehensive Protection Programme ..., 22.214.171.124.3 Security and Protection Body:
With the goal of moving towards a professional and technical model of the Security and Protection Body, the Technical Committee will make further proposals to the National Government, whose monitoring and management will boost the Presidential Delegate, including training, labour relations and social security system. The system will include training programs in subjects related to the protection of women and of the specific risks that they face.
The security and protection protocol will determine the operating system and formation of the protection schemes - which will take a gender -based approach - and with which links to the new political movement or party arising from the transition of the FARC-EP towards the legal activity, and links to the National Police, will be integrated. It will follow the criteria and guidelines of the Strategic Security and Protection Plan.
Psychosocial care: measures will be taken to provide tools in the field of single or collective psychosocial care and with a gender-based approach, for those beneficiaries of the protection program that may have been affected by any kind of aggression towards their lives and physical integrity.
Page 14, 3.4.8 Comprehensive Security and Protection Programme for communities and organisations in the territories:
There will be a Comprehensive Security and Protection Programme for communities and organisations in the territories, at the request of the Interior Ministry, whose goal will be to define and adopt comprehensive protection measures for organisations, groups and communities in the territories, so as to help ensure, under an effective model, the implementation of prevention and protection measures for communities and their territories. This programme will benefit from the active and effective participation of social organisations, including women’s and community organisations. The following (included but not limited to) measures will be promoted:
• Implementation of comprehensive security and protection measures - in developing that established in point 2.2.4 of the Political Participation Agreement, the Comprehensive Security and Protection Programme will take into account the Prevention and Protection Plan, destigmatisation measures, including those against sexual orientation and gender-based stigmatisation, widespread dissemination methods, recognition campaigns for human rights defenders (in both urban and rural areas), and the creation and dissemination of media and public interest promoting human rights and coexistence.
• Protocol for the protection of rural territories: the Interior Ministry will create a special protocol for the protection of rural communities that were affected by the conflict, which will be agreed with the communities and organisations of each territory, including women’s organisations, and with the Comprehensive Security and Protection System. Within this protocol, rural communities and their organisations will develop their own assessment structure and definition of risks, with a differential and gender-based approach.
Page 15, 3.4.9 Mechanism for prevention and monitoring of criminal organisations targeted by this agreement:
In accordance with that established in the "Political Participation Agreement’” in point 126.96.36.199 (b), a new prevention and early warning system for rapid reaction to the presence, operations and/or activities of the organisations and criminal behaviour targeted by this Agreement will be created in the Ombudsman Office, coordinated with the National Government and the Special Investigation Unit, and in whose design will participate the National Security Assurances Commission. The system should combine permanent monitoring and early warning activities with the ability to react rapidly and deploy in the field. It will act in coordination with the organisations for the defence of human rights and the communities. This system will give early warnings autonomously without having to consult with or submit their decisions to any other institution.
This Early Warning System must have a territorial, differential, and gender-based approach and a preventive security deployment, without detriment to its national deployment and its capacity to react. The Colombian State will ensure adequate financing according to the specific requirements of the system and its comprehensive functioning.
|Colombia||15/05/2016||Joint Communique #70|
Page 1, Article 1i, Guiding principles applicable to the minors subject matter of this agreement,
i. Differential approach, gender, ethnic and age‐based, with particular attention afforded to rights of the girls.
|Colombia||22/01/2016||Joint Communique #66|
Page 1, Article 5,
We also ask the sub-commission on gender to conclude the work it has been engaged in as promptly as possible, consisting of the revision of the agreements on items 1,2 and 4 of the Agenda of the General Agreement, to submit the conclusions of their work to the Executive Commission on later than Saturday, January 23.
|Colombia||15/12/2015||Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights|
[Summary: The agreement provides for forms of transitional justice, and throughout calls for a 'gender differentiated' approach to the implementation of the measures to be adopted. The text below is not an exhaustive list of women, girls and gender references of the agreement. See the full details in the gender sub-categories in the PA-X Women.]
Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.
Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.
Page 5-6, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition, Goals:
In summary, the different measures and mechanisms of the Comprehensive System should contribute to the fulfillment of the following purposes:
. . .
Territorial, differentiated and gender-based approach, through the differentiated treatment of territories and populations, in particular of women and boy and girl victims, and of the most deprived and most vulnerable populations and collective groups, that are most affected by the conflict.
Page 8, 188.8.131.52 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
The Commission must fulfill three fundamental objectives, which as a whole contribute to the non-Repetition of the conflict:
In the first place, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters.
Page 9, 184.108.40.206 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
And thirdly, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome.
The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.
Page 10, 220.127.116.11 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 18.104.22.168.1 Guiding Criteria:
. . .
Differential and gender approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention to the victimization suffered by women.
Page 12, 22.214.171.124 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 126.96.36.199.2. Mandate:
The mandate of the Commission will include to clarify and promote the recognition of:
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.
Page 13-15, 188.8.131.52 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 184.108.40.206.4 Functions:
For the fulfillment of its mandate the Commission will have the following main functions:
• To investigate on all elements of its mandate through methodologies and analysis of information necessary, considering generally accepted social sciences methodologies, using a gender-based approach and taking into account previous efforts of truth-finding, including but not limited to, the reports of the Historical Commission of the conflict and their victims, among others.
. . .
• Ensure the mainstreaming of the gender approach in the entire scope of the work of the Commission, with the creation of a working group on gender that can contribute specific tasks of a technical nature, including but not limited to research, preparation of hearings on gender. This working group will not be the only one to address gender, but shall take responsibility for the review of methodologies for all the work of the Commission as regards a gender approach and coordinate with women's organizations and LGBTI. The foregoing is without prejudice to the necessary autonomy of the Commission in the definition of its structure and methodology of work.
Page 15. 220.127.116.11.5. Process of Selection [for formation of Commission for the Clarification of Truth, Coexistence and Non-Repetition]:
. . .
The selection will be based exclusively on the nominations, and the election shall take into account individual selection criteria such as ethics and integrity, the impartiality, independence, the commitment to human rights and justice, the absence of conflicts of interest, and the knowledge of the armed conflict, international humanitarian law and human rights, and the recognized components of any of these fields. The selection of the commissioners must also take into account collective criteria such as gender equity, pluralism, the interdisciplinarity and the regional representation.
Page 16-17, 18.104.22.168.10. Committee for the monitoring and evaluation of the implementation of the recommendations of the Commission:
A monitoring committee shall be set up to monitor the implementation of the recommendations of the Commission which will come into operation once the final report has been published. As part of its task it will facilitate the dialogue with different entities and organizations of victims and of human rights, among others. This committee shall be composed of representatives of various sectors of society, including but not limited to organizations of victims and of human rights. The Commission will establish the time period during which it will operate the committee. The Committee shall make periodic reports to follow up on the recommendations. These reports must have a differentiated territorial and gender approach. The Committee shall take the necessary measures to disseminate their reports widely in the media at the national and regional levels. The Government will guarantee the financing of the Committee for the fulfilment of its functions.
Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.
8º.- The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.
Page 28, 5.1.2. Justice, II. Content, scope and limits of the granting of amnesties and pardons as well as other special treatments:
. . .
40.- The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.
Page 41, III. Procedure, organs and sanctions of the justice component of TJRNR:
. . .
65.- The Tribunal for peace will be composed of Colombian judges. The foregoing does not preclude that persons subject to its jurisdiction request that the section dealing with their case is addressed by 3 Colombian judges and 2 foreigners. Must be chosen 20 judges Colombians, and in addition 4 foreigners who will act in the sections in the event that they are requested.
All of them must be highly qualified and must be included experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that you trust to Colombian society and to the different sectors that make it up.
Page 42, III. Procedure, organs and sanctions of the justice component of TJRNR:
66.- Each Chamber shall consist of a minimum of 6 highly qualified judges and should include experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The chamber must conform with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that has the confidence of Colombian society and the different sectors of which it is made up.
. . .
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.
Page 46, I - Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities:
This present list enumerates sanctions designed in relation to compliance with the reached agreements, among others, I. Comprehensive Rural Reform, II. Political Participation and IV. Replacement and eradication of illicit crops, which form part of the dialogue’s agenda. In addition, sanctions for damage caused to children, women and other affected individuals will be incorporated. This addresses the need for reparation and restoration for victims of the armed conflict to the greatest extent possible.
Page 56, Article 22.214.171.124.2 Plans for collective reparation with a territorial approach,
... • Participation mechanisms: Active participation of victims and their organizations, alongside the regional authorities, will be the basis of collective territorial reparation plans. In order to do so, participation spaces will be created to define priorities to implement the measures of collective reparation; to ensure community participation in the implementation of reparation measures; and establish monitoring mechanisms of the projects. The participation of women in these spaces of participation will be ensured. ...
Pages 56-57, Article 126.96.36.199.3. National plans of collective reparation ,
In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.
Page 57, 188.8.131.52.1. Measures for Individual emotional recovery
In the context of the end of the conflict, and in order to address and contribute to the alleviation of the suffering of victims, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, will undertake to expand public coverage and territorial deployment, and improve the quality of the psycho-social care for the emotional recovery of victims according to particular damage they have suffered, including the impact on individuals who are of victims of sexual violence. To achieve this they will increase the local centres attending victims and encourage mobile strategies to ensure that the most remote places are reached. ...
Page 63, Article 5.1.4. Guarantees of non-repetition ,
...Second, by recognizing what happened in the context of conflict and clarification and rejection of the serious violations of human rights and grave breaches of international humanitarian law, including those that have historically been less visible as those committed against women and children, and adolescents, as well as the rejection of violence against groups, social movements and trade unions, and political parties, especially the opposition were severely victimized, to be shared purpose of society this will never happen again. ...
Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...
|Colombia||23/09/2015||Joint Communiqué # 60 regarding the Agreement of the Creation of a Special Jurisdiction for Peace|
Page 1, Article 4,
The justice components foresees that upon the termination of hostilities, pursuant to IHL, the Colombian State will grant the broadest possible amnesty for political and related/connected crimes. An amnesty law will determine the scope and extent of the relation/connection. In any case, no amnesty or pardon will be granted for the conducts typified in the national legislation as corresponding to crimes against humanity, genocide, and grave war crimes, among other serious crimes such as the taking hostages or other serious deprivation of liberty, torture, forced displacement, forced disappearance, extra-judicial executions and sexual violence. These crimes will be subject to investigation and prosecution by the Special Jurisdiction for Peace.
|Colombia||12/07/2015||Joint Communiqué #55, Havana |
With the purpose of:
• Strengthening the trust of the Colombian men and women in the peace process, as well as the trust between the delegations;
The delegations of the National Government and the FARC - EP have decided to:
In the meantime:
The FARC - EP, as a de-escalation measure, will maintain the unilateral suspension of all kinds of offensive actions. In turn, the National Government, as of July 20, will set in motion a de-escalation process of the military actions, consistent with the suspension of offensive actions on the part of the FARC - EP. In any case, the National Government and its institutions, in compliance with their constitutional obligations, will continue ensuring protection for all the Colombian people and the enforcement of the law throughout the National territory. The Government will continue persecuting crime and in no case will it tolerate any illegal organization’s attempts at coercing communities through the use of weapons. In compliance with the foregoing, the National Government will promote respect and will guarantee the free exercise of the fundamental rights of all the Colombian men and women. In four months, starting as of today, each one of the delegations will undertake a ﬁrst evaluation of both the compliance with these de-escalation measures, as well as of the
results of the efforts to expedite progress at the Table, and will make the decisions each of them deems pertinent.
|Colombia||04/06/2015||Joint Report of the Dialogue Table between the Government and the Revolutionary Armed Forces of Colombia - People's Army |
Page 1, Para. 7
First, the Commission shall contribute to the elucidation of what has happened, in accordance with the elements of the mandate described here below, and to offer a broad explanation about the complexity of the conflict, so as to promote a shared understanding among the society, in particular about the least known aspects of the conflict. In this sense, we welcome the visit and the pronouncement made during this cycle by Zainab Bangura, Special Representative of the Secretary General of the United Nations on Sexual Violence in Conflicts, and we undertake to attend to her recommendations.
Page 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conﬂict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conﬂict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).
Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria: Differential and gender approach
In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.
Page 3, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Mandate
The Commission’s mandate will be to elucidate and promote the recognition of:
The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
Page 4, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
Research about all of the mandate’s elements using the necessary information gathering and analysis methodologies and forms for that purpose, considering practices generally accepted by the social sciences, including a gender approach, and taking into account previous truth-building efforts, including as basic inputs, among others, the reports of the Historical Commission of the Conflict and its Victims.
Page 5, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
Ensure the cross-cutting nature of the gender approach throughout the entire scope of the work of the Commission, by creating a gender task force in charge of contributing with the tasks for preparing specific technical, research, and gender audiences, among others. This task force will not be the only one addressing the topic, but it should bear the responsibility for reviewing the methodologies in order to ensure that all the Commission’s instruments include a gender approach, and for coordination purposes with women’s and LGBTI organizations. The foregoing, without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology.
Page 6, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Selection process
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.
Page 7, Follow-up and monitoring committee on the implementation of the Commission’s
The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfilment of its duties.
Page 8, Participation of the victims and society in relation to Item
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others.
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.
|Colombia||27/03/2015||Joint Communiqué #53, Havana |
Page 1, Point 4
The gender sub-commission, thanks to the support of the guarantor countries, received experts Magalys Arocha, Mireia Cano and Hilde Salvesen, who presented their recommendations in order to ensure a gender approach in the agreements already achieved.
|Colombia||07/03/2015||Joint Communiqué #52, Havana |
Page 1, Para. 5
The NTS will be carried out in a traditional manner with a questionnaire to be previously submitted to the National Government and the FARC – EP (which will include socio-economic impact data). The questionnaire shall be developed specifically for Colombia. The team will evaluate all available information, shall consult key information sources and will also speak with men and women who live in the affected areas. The results of the NTS will be the basis for the development of a clean-up and decontamination plan.
|Colombia||03/12/2014||Joint Communiqué, Havana, December 3, 2014|
Page 1, Point 2
On December 15, we will receive the first delegation of organizations within the framework of the gender sub-commission.
|Colombia||05/08/2014||Joint Communiqué, Havana, August 5, 2014|
Page 1, 1. Measures aimed at successfully arranging the visits of the victims to Havana
We have emphasized that the organizers should resort to all necessary mechanisms in order to enable the inclusion of victims residing abroad in the delegations, as well as on the need to guarantee the effective participation of women.
Page 5, 4. Gender sub-commission
We have agreed that the gender sub-commission will meet in the next dialogue cycle in order to continue ensuring an adequate gender approach on the agreements reached and on an eventual final agreement.
|Colombia||06/06/2014||Hacia un Nuevo Campo Colombiano: Reforma Rural Integral|
Page 1, Toward a New Colombian countryside: Integral Rural Reform:
It will be considered:
that a true structural transformation of the countryside requires measures to promote the proper use of land, in accordance with its designated use and to stimulate the formalisation, restitution and equitable distribution of land. It should also ensure progressive access to rural property for inhabitants of the countryside, and in particular to women and the most vulnerable population. Such transformation should regularise and democratise property rights, promote the redistribution of land, in order to fulfil its social function ….
Page 2, Toward a New Colombian countryside: Integral Rural Reform:
It will be considered:
In relation to food and nutrition, the IRR (Integral Rural Reform) will ensure sufficient availability and access of opportunity, quantity, quality and price for food necessary for good nutrition, for all rural and urban citizens in Colombia, especially for boys and girls, pregnant and lactating women, and the elderly. This will be achieved primarily by promoting the production of food and income generation.
Page 3, Principles, 3. Prioritisation:
Integral agricultural development policy will be universal and its implementation will prioritise the most disadvantaged and vulnerable populations and territories, including the communities most affected by poverty, neglect and the conflict. The policy will focus on small and medium producers. Particular attention will be paid to the rights of children, women and the elderly.
Page 5, 1. Access and Use. Unproductive lands. Formalisation of property ownership. Agricultural Frontiers and the protection of reservation zones
1.3. Beneficiaries: the beneficiaries of the plan of free allocation, integral subsidy and special credit will be agricultural workers without land or with insufficient land. Women heads of household and displaced populations will be prioritised. Other beneficiaries may include Agricultural workers' associations without land or with insufficient land, as well as people and communities that participate in settlement and resettlement programs with the aim, among others, to protect the environment, replace illicit crops and strengthen food production.
Page 5, 1. Access and Use. Unproductive lands. Formalisation of property ownership. Agricultural Frontiers and the protection of reservation zones, 1.4. Integral Access:
In the development of principles of well-being, good-living, integrity as well as access to land, the National Government will make available, to male and female beneficiaries of the Land Fund, support plans for housing, technical assistance, capacity building, soil improvement and land recovery where necessary, production projects, commercialisation and access to means of production that increase the value, and scale up the provision of public goods within the framework of the Agricultural Development Programs with Integral Territorial Approach (PDET).
Page 13, 3. National Plans for the Integral Rural Reform, 3.2. Social development: health, education, housing, poverty eradication,
b. The adoption of a targeted gender approach, including special measures for pregnant women, boys and girls in the prevention of disease and the promotion of health care.
Page 14, 3. National Plans for the Integral Rural Reform, 3.2. Social development: health, education, housing, poverty eradication, 3.2.2. Rural Education:
i. The promotion of vocational training for women in non-traditional vocations.
Page 15, 3. National Plans for the Integral Rural Reform, 3.2. Social Development: health, education, housing, poverty eradication, 3.2.3. Shelter and drinking water:
c. The allocation of subsidies for construction and home improvement, will give priority to the population in extreme poverty, the victims, the beneficiaries of the land distribution plan, and women head of family. The amounts of the non-repayable grant, which may cover up to the entire housing solution, shall be define in accordance with the requirements and costs of construction in each region, in order to ensure conditions of decent housing.
Page 19, 3. National Plans for the Integral Rural Reform, 3.3 Incentives to agricultural production, solidarity and cooperative economy, technical assistance, grants, credit, income generation, commerce, labor formalisation, 3.3.5. Formalisation of rural labour and social protection:
e. The promotion of Women into non-traditional productive areas
Page 20, 3. National Plans for the Integral Rural Reform, 3.4. Food Security (Sovereignty) System:
d. Programmes against hunger and malnutrition will be developed at a national scale, particularly for the rural population in conditions of poverty, pregnant and breastfeeding women, children, and for the elderly. These programs include intensive plans for the most vulnerable rural population and those in extreme poverty.
(p.1) Que una verdadera transformación estructural del campo requiere adoptar medidas para promover el uso adecuado de la tierra de acuerdo con su vocación y estimular la formalización,
restitución y distribución equitativa de la misma, garantizando el acceso progresivo a la propiedad rural de los habitantes del campo y en particular a las mujeres y la población más vulnerable, regularizando y democratizando la propiedad y promoviendo la desconcentración de la tierra, en cumplimiento de su función social….
(p.2) Que la RRI en materia de alimentos y nutrición pretende asegurar para todos los ciudadanos rurales y urbanos en Colombia disponibilidad y acceso suficiente en oportunidad, cantidad, calidad y precio a los alimentos necesarios para una buena nutrición, especialmente la de los niños y niñas, mujeres gestantes y lactantes y adultos mayores, promoviendo prioritariamente la producción de alimentos y la generación de ingresos.
(p.3) 3. Priorización: la política de desarrollo agrario integral es universal y su ejecución prioriza la población y los territorios más necesitados y vulnerables, y las comunidades más afectadas por la miseria, el abandono y el conflicto, y hace énfasis en el pequeño y mediano productor. Especial atención merecen los derechos de los niños, las mujeres y los ancianos.
1. Acceso y Uso. Tierras Improductivas. Formalización de la propiedad. Frontera agrícola y protección de zonas de reserva.
(p.7) 1.3. Beneficiarios: los beneficiarios del plan de adjudicación gratuita, y del subsidio Integral y el crédito especial, serán trabajadores con vocación agraria sin tierra o con tierra insuficiente, priorizando a la mujer cabeza de familia y a la población desplazada. También podrán ser beneficiarias asociaciones de trabajadores con vocación agraria sin tierra o con tierra insuficiente, así como personas y comunidades que participen en programas de asentamiento y reasentamiento con el fin, entre otros, de proteger el medio ambiente, sustituir cultivos ilícitos y fortalecer la producción alimentaria.
1.4. Acceso integral: en desarrollo de los principios de bienestar y buen vivir, y de integralidad, además del acceso a tierra, et Gobierno Nacional pondrá a disposición de los hombres y mujeres beneficiarios del Fondo de Tierras, planes de acompañamiento en vivienda, asistencia técnica, capacitación, adecuación de tierras y recuperación de suelos donde sea necesario, proyectos productivos, comercialización y acceso a medios de producción que permitan agregar valor, entre otros, y escalará la provisión de bienes públicos en el marco de los Programas de Desarrollo Agrario Integral con Enfoque Territorial, en adelante PDET.
3. Planes Nacionales para la Reforma Rural Integral
(p.13) 3.2. Desarrollo social: salud, educación, vivienda, erradicación de la pobreza
b. La adopción de un enfoque diferencial y de género, incluyendo medidas especiales para mujeres gestantes y los niños y niñas, en la prevención, promoción y atención en salud.
(p.14) 3.2.2. Educación rural:…
i. La promoción de la formación profesional de las mujeres en disciplinas no tradicionales para ellas.
(p.15) 3.2.3. Vivienda y agua potable:…
c. El otorgamiento de subsidios para la construcción y para el mejoramiento de vivienda, que prioricen a la población en pobreza extrema, las víctimas, los beneficiarios del Plan de distribución de tierras y a la mujer cabeza de familia. Los montos del subsidio no reembolsable, que podrán cubrir hasta la totalidad de la solución de vivienda, se fijarán atendiendo los requerimientos y costos de construcción en cada región, con el fin de garantizar condiciones de vivienda digna.
3.3.5. Formalización laboral rural y protección social:…
e. La promoción de la vinculación laboral de las mujeres en áreas productivas no tradicionales.
(p.20) 3.4. Sistema de seguridad (soberanía) alimentaria:…
d. El desarrollo de programas contra el hambre y la desnutrición con cobertura nacional, especialmente para la población rural en condiciones de miseria, las mujeres gestantes y lactantes, niños y niñas, y para la tercera edad. Estos programas incluirán planes de choque pare la población rural más vulnerable y en pobreza extreme.
|Colombia||16/05/2014||Solución al Problema de las Drogas Ilícitas|
Page 2, Untitled Preamble,
...These new policies will have a general approach based on human rights and public health, differentiated and taking gender into account. Adjustments will be made over time based on evidence, the lessons of good practices and the recommendations of specialised national and international experts and organisations. ...
Page 4, Untitled Preamble,
... The solution to the problem of illegal drugs also requires addressing the issue of the use of illegal drugs based on the joint commitment and work of the authorities, the community and families for a policy to promote health, prevention, the reduction of damage, integrated care and social inclusion for users of illegal drugs, with a differentiated and gender-based approach. ...
Page 8, 4.Solution to the problem of illicit drugs, 4.1. Substitution programmes for illegal crop. Comprehensive plans of development with the participation of communities in the design, implementation and evaluation of the substitution programs and environmental recovery for areas affected by these crops, 4.1.3. Description and elements of the Comprehensive National Program for replacement of illicit crops:
It will ensure the involvement of women in the planning, implementation, monitoring and evaluation of the comprehensive plans of replacement and alternative development.
Page 10, 4.Solution to the problem of illicit drugs, 4.1. Substitution programmes for illegal crop. Comprehensive plans of development with the participation of communities in the design, implementation and evaluation of the substitution programs and environmental recovery for areas affected by these crops, 4.1.3. Description and elements of the Comprehensive National Program for replacement of illicit crops, 184.108.40.206 . Participative Construction and development of comprehensive plans for alternative development and replacement (PISDA):
The community assemblies shall be composed of all communities in the affected area, including producers of illicit crops. They should ensure the effective participation of women in these spaces. In each municipality, the assemblies shall be formed together with communities according to territory and population characteristics necessities, and define its territorial scope.
Page 14, 4.Solution to the problem of illicit drugs, 4.1. Substitution programmes for illegal crop. Comprehensive plans of development with the participation of communities in the design, implementation and evaluation of the substitution programs and environmental recovery for areas affected by these crops, 4.1.3. Description and elements of the Comprehensive National Program for replacement of illicit crops, 220.127.116.11. Components of the comprehensive plans of replacement:
3. For the community in general:
a. Early Childhood: A programme of rural nursery centres will be developed in order to facilitate the access to employment opportunities for women-headed families and contribute to early childhood food security, in counties that were affected by illicit crops.
Page 19, 4.Solution to the problem of illicit drugs, 4.2 Consumption prevention and Public Health Programme, 4.2.1. National Program for Comprehensive intervention against the consumption of illicit drugs,
18.104.22.168. Participatory action plans with territorial and population approach:
Efforts for harm reduction based on evidence, with the aim to minimise the negative impact of drug use for the consumer, his family and community, by prioritising the most vulnerable populations such as street people, women and the prison population.
Pages 23-24, 22.214.171.124 Principles,
The national policy for the use of illegal drugs will be guided by the following principles: ...
• Differentiated and gender approach: in the context of the respect for human rights, a differentiated approach is required to ensure actions that are implemented for the use of illegal drugs meet the realities of users of illegal drugs and are effective and sustainable, defining the most vulnerable populations in terms of variables such as age groups, gender, socio-economic status and geographic location. ...
Pages 26-27, Article 126.96.36.199 Generating knowledge on the use of illegal drugs
The following measures will be put in place to ensure sufficient and up-to-date information on the promotion of health, prevention and integrated care for the use of illegal drugs to support decision-making and as an input for the evidenced-based design, implementation, monitoring, evaluation and adjustment of policy:
• Specialised research and studies on the use of illegal drugs, including a differentiated gender and age-group approach. ...
4.1.3. Descripción y elementos del Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito
(p.8)… Se garantizará la participación de la mujer en la planeación, ejecución, seguimiento y evaluación de los planes integrales de sustitución y desarrollo alternativo.
188.8.131.52. Construcción participativa y desarrollo de los planes integrales comunitarios y municipales de sustitución y desarrollo alterativo (PISDA):
(p.10) Las asambleas comunitarias estarán integradas por todas las comunidades de la zona afectada, incluyendo a Ios productores de cultivos de uso ilícito, y garantizarán la participación efectiva de la mujer en estos espacios. En cada municipio de acuerdo con las características del territorio y la población, se conformarán en conjunto con las comunidades tas asambleas necesarias, especificando su ámbito territorial.
184.108.40.206. Componentes de los planes integrales de sustitución:
(p.14) 3. Para la comunidad en general:
a. Primera Infancia: con el fin de facilitar el acceso a oportunidades laborales a las mujeres cabeza de familia y contribuir a la seguridad alimentaria de la primera infancia, en las veredas afectadas por cultivos de uso ilícito se desarrollará un programa de guarderías infantiles rurales.
220.127.116.11. Planes de acción participativos con enfoque territorial y poblacional:
(p.19) Acciones de reducción del daño basadas en la evidencia, orientadas a minimizar el impacto negativo del consumo de drogas en el consumidor, en la familia y en la comunidad, priorizando poblaciones más vulnerables como habitantes de calle, mujeres y población carcelaria.
|Colombia||06/11/2013||Participacíon política: Apertura democrática para construir la paz|
Page 11, 2. Political Participation: Democratic Opening to build peace, 2.2. Democratic mechanisms for citizen participation, including direct participation of different levels and various topics, 2.2.4. Guarantees for reconciliation, coexistence, tolerance and non-stigmatisation, especially for political and social action in the framework of the civility.
With this objective, the Government will create a National Council for Reconciliation and Coexistence, which shall be composed of representatives of the Government, the Public Prosecutor, assigned political parties and movements, the new movement arising from the transition of the FARC – EP (to integrate the legal political activity),
social organisations and movements, including (among others) groups of women, peasants, trade unions, ethnic minorities, religious and educational sectors. The role of the Council is to advise and assist the Government in the implementation of mechanisms and actions that include:
Page 14, 2. Political Participation: Democratic Opening to build peace, 2.2. Democratic mechanisms for citizen participation, including direct participation of different levels and various topics, 2.2.6 . Policy for the strengthening of the democratic and participatory planning
a. Review the functions and the formation of Territorial Planning councils, in order to:
- Promote the participation of women in the Territorial Councils
Page 18, 2. Political Participation: Democratic Opening to build peace, 2.3 Effective Measures to promote greater participation in national, regional and local policy, in all sectors, and including the most vulnerable population on an equal footing with security guarantees, 2.3.5 . Promotion of a democratic and participatory political culture
Program for the promotion of women's participation and leadership in Politics,
Page 18, 2. Political Participation: Democratic Opening to build peace, 2.3 Effective Measures to promote greater participation in national, regional and local policy, in all sectors, and including the most vulnerable population on an equal footing with security guarantees, 2.3.6. Promotion of political representation of populations and areas particularly affected by the conflict and abandonment:
The candidates must be persons that live permanently in these territories or persons who have been displaced and are in the process to return. The candidates can be enrolled through significant groups of citizens or through organisations of the circumscription, such as organisations of farmers, victims (including displaced persons), women and social sectors that work toward peace building and the improvement of social conditions in the region, among others.
Page 19, 2. Political Participation: Democratic Opening to build peace, 2.3 Effective Measures to promote greater participation in national, regional and local policy, in all sectors, and including the most vulnerable population on an equal footing with security guarantees,
2.3.7. Promotion of the political and civic participation of women in the framework of this Agreement
The National Government and the FARC-EP recognises the important role that women play in conflict prevention, resolution and peace-building. They also acknowledge the need to promote and strengthen the participation of women in the political life, particularly in the context of the end of the conflict, where their leadership and equal participation in public decision-making processes, such as formulation, implementation, evaluation and control of the government policies. Women’s leadership and participation are necessary and essential to achieve a stable and lasting peace.
The National Government and the FARC-EP reject any form of discrimination against women and reaffirm that women’s contribution as political subjects in public life is vital to strengthening democracy and for peace-keeping and peacebuilding. In the implementation of what had been agreed upon in the point 2 of this Agreement*, a gender approach is guaranteed. Necessary positive measures will be designed and adopted to strengthen the participation and leadership of women, and generally promote the implementation of the aforementioned purposes. This gender-approach should be implemented without prejudice to the strengthening implementation of international commitments and national standards on this matter.
(p.11) 2.2.4. Garantías para la reconciliación, la convivencia, la tolerancia y la no estigmatización especialmente por razón de la acción política y social en el marco de la civilidad
Con ese objetivo el Gobierno creará un Consejo Nacional para la Reconciliación y la Convivencia, el cual estará integrado por representantes del Gobierno, el Ministerio Público, los que designen los partidos y movimientos políticos, incluido el que surja del tránsito de las FARC-EP a la actividad política legal, organizaciones y movimientos sociales, en particular de mujeres, campesinos, gremios, minorías étnicas, las iglesias, el sector educativo, entre otros. El Consejo tendrá como función asesorar y acompañar al Gobierno en la puesta en marcha de mecanismos y acciones que incluyen:
2.2.6. Política para el fortalecimiento de la planeación democrática y participativa
a. Revisar las funciones y la conformación de los Consejos Territoriales de Planeación, con fin de:
(p.13) - Promover la participación de la mujer en los Consejos Territoriales
2.3.5. Promoción de una cultura política democrática y participativa
(p.18) - Programa para la promoción de la participación y Liderazgo de la mujer en la política.
2.3.6. Promoción de la representación política de poblaciones y zonas especialmente afectadas por el conflicto y el abandono
Los candidatos en todo caso deberán ser personas que habiten regularmente en estos territorios o que hayan sido desplazadas de ellos y estén en proceso de retorno. Los candidatos podrán ser inscritos por grupos significativos de ciudadanos u organizaciones de la Circunscripci6n, tales como organizaciones de campesinos, victimas (incluyendo desplazados), mujeres y sectores sociales que trabajen en pro de la construcci6n de la paz y el mejoramiento de las condiciones sociales en la
regi6n, entre otros.
2.3.7. Promoción de la participación política y ciudadana de la mujer en el marco del presente Acuerdo
(p.19) El Gobierno Nacional y las FARC-EP reconocen el Importante papel que desempeñan las mujeres en la prevención y solución de los conflictos y en la consolidación de la paz, y la necesidad de promover y fortalecer la participación en la vida política de las mujeres, aún más en el marco del fin del conflicto, donde su liderazgo y participación en pie de igualdad en los procesos de toma de decisiones públicas, y en la formulación, ejecución, evaluación y control de las políticas gubernamentales son necesarias y esenciales para alcanzar una paz estable y duradera.
El Gobierno Nacional y las FARC-EP rechazan cualquier forma de discriminación contra la mujer y reafirman que el aporte de las mujeres como sujetos políticos en la vida pública es vital para el fortalecimiento de la democracia y para el mantenimiento y el fomento de la paz. En la implementación de todo lo acordado en el punto 2 del presente Acuerdo* se garantizará el enfoque de género, y se diseñarán y adoptarán las medidas afirmativas necesarias para fortalecer la participación y liderazgo de la mujer, y en general para promover el cumplimiento de los anteriores propósitos, Lo anterior sin perjuicio de fortalecer el cumplimiento de los compromisos internacionales y las normas nacionales sobre el particular.
|Colombia||14/12/2000||Acuerdo sobre Reglamento para la Zona de Encuentro, Gobierno Nacional-ELN|
Page 4, Article 29,
Special care and consideration will be given to staff carrying out educational, cultural, sanitary, humanitarian and religious functions, in addition to the material and facilities required by them. Similarly, special protection will be provided to pregnant women, the elderly and children.
|Colombia||25/07/2000||Declaracion de Ginebra|
|Colombia||15/07/1998||Acuerdo de la Puerta del Cielo|
Page 2, Article 10,
ELN undertakes to stop detaining people or depriving them of liberty for financial gain insofar as the sufficient availability of resources for ELN is resolved by other means, provided that, until conclusion of the peace process with the organisation, it does not result in its strategical weakening. Furthermore, from today, it will cease to detain minors and elderly people over 65, and under no circumstances will pregnant women be deprived of liberty.
|Colombia||03/06/1997||Acuerdo de Remolinos del Caguán: Joaquín Gómez Fabián Ramírez Comandantes del Bloque Sur de las FARC-EP, Delegados del Gobierno José Noé Ríos y Carlos Vicente de Roux, Delegados de la Cruz Roja y Monseñor Luis Augusto Castro|
Page 1, Article 1,
All mothers of soldiers will be entitled to be present when they are surrendered to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN).
The government will provide CICR and CCN with the means required for this purpose and for their due return, including the site where the soldiers will be surrendered to the government.
|Colombia||01/07/1991||Political Constitution of Colombia|
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13
All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.
The State shall promote the conditions so that equality may be real and effective and shall adopt measures in favor of groups that are discriminated against or marginalized.
The State shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses or ill-treatment perpetrated against them.
. . .
Page 7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 40
Any citizen has the right to participate in the establishment, exercise, and control of political power. To make this decree effective the citizen may:
7. Agree to undertake public functions and responsibilities, except for those Colombian citizens, native-born or naturalized, who hold dual citizenship. An Act shall spell out this exception and shall determine the cases where they apply.
The authorities shall guarantee the adequate and effective participation of women in the decision-making ranks of the public administration.
Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
The family is the basic nucleus of society. It is formed on the basis of natural or legal ties, through the free decision of a man and woman to contract matrimony or through the responsible resolve to comply with it.
Women and men have equal rights and opportunities. Women cannot be subjected to any type of discrimination. During their periods of pregnancy and following delivery, women shall benefit from the special assistance and protection of the State and shall receive from the latter food subsidies if they should thereafter find themselves unemployed or abandoned.
The State shall support the female head of household in a special way.
Page 8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 44
The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy other rights upheld in the Constitution, the laws, and international treaties ratified by Colombia.
Page 9-10, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 48
The provisions on infirmity and widower’s pensions notwithstanding, it is necessary to comply with the requirements concerning age, time of service, length of contribution payments or required capital and other conditions defined by an Act in order to obtain the right to a pension. The requirements for and the benefits resulting from obtaining the right to an infirmity or widower’s pension shall be established by the Acts of the General Pensions System.
Page, 13, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 53
The Congress shall issue a labor statute. The appropriate law shall take into account at least the following minimal fundamental principles:
Equality of opportunity for workers; minimum essential and flexible remuneration proportional to the amount and quality of work; stability in employment; irrevocability of minimum benefits established in labor regulations; options to negotiate about and reconcile uncertain and arguable rights; a situation more favorable to the worker in case of doubt in the application and interpretation of the formal bases of the law; the primacy of facts over established formalities in issues of labor relations; guarantees to social security, training, instruction, and necessary rest; special protection of women, mothers, and minor-age workers.
Page 21, TITLE III. ON THE POPULATION AND THE TERRITORY CHAPTER I. ON NATIONALITY, ARTICLE 96
The following are Colombian nationals:
1. By birth:
a. Colombian natives, upon one of two conditions: that the father or the mother have been Colombian natives or nationals or that, being children of aliens, either parent was domiciled in the Republic at the time of birth; and,
b. The children of a Colombian father or mother born abroad who have later established their domicile in the Colombian territory or registered in a consular office of the Republic.
Page 24-25, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 107
The political parties and movements shall organize themselves democratically and shall have as their guiding principles transparency, objectivity, morality, the equality of sexes, and the duty to present and disseminate their political programs.
Page 32-33, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER I. ON ITS COMPOSITION AND FUNCTIONS, ARTICLE 134:
There shall be no temporary absence, with the exception of women who stay away from due to maternity leave. The resignation of a member of a popularly elected body once he or she has been formally involved in criminal proceedings for crimes committed in Colombia or abroad in relation to membership in, promotion or funding of illegal armed groups, drug-trafficking, or crimes against the system of democratic participation or against humanity, shall entail the loss of his/her status as member of Congress, deputy, councillor or alderman/alderwoman and shall not result in his/her replacement by the next candidate on the list. Temporary absence does not give rise to replacement.
Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE, ARTICLE 221:
The military or police criminal justice system shall not have jurisdiction over crimes against humanity, and crimes of genocide, forced disappearances, extrajudicial executions, sexual violence, torture, or forced displacement. Police, Martial or Military Tribunals shall have jurisdiction only over violations of international humanitarian law committed by members of the public force, except in the offenses mentioned above.
Page 93, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME, ARTICLE 322:
In each of the localities there shall be an administrative board, popularly elected for periods of four (4) years, which shall be composed of no fewer than seven aldermen/alderwomen, in accordance with the determination of the District Council made on the basis of the respective population.
The election of the senior mayor, the district councilors, and the aldermen/alderwomen shall be held on the
same day for periods of four(4) years; the mayor may not be reelected for the following term.
The councilors and aldermen/alderwomen may not form part of the executive boards of the decentralized entities.
|Colombia||27/05/1991||Acuerdo Final entre el Gobierno Nacional y el Movimieto Armado Quintin Lame, Campamento de Pueblo Nuevo Caldono-Cauca|
Page 5, III. Guarantees, Article h,
The government is obliged to provide members of the armed movement with two changes of clothes, comprising a pair of boots, a pair of trousers, a shirt, a pair of socks and male or female underwear, in line with the sizes specified by the organisation. The first change of clothes will be provided in the camp in April, in line with the previous commitment. The second will be provided before the surrender of arms, together with one case per person.
|23/12/2001||Comoros's Constitution of 2001|
Page 1, Preamble:
To mark their attachment to the principles and fundamental rights defined by the Charter of the United Nations, the Charter of the Organization of African Unity, the Charter of the Arab League of Nations, the Universal Declaration of Human Rights of the United Nations and the African Charter on Human and Peoples’ Rights, as well as international conventions, notably those relating to the rights of children and women.
- Equality of rights and duties for all without distinction of sex, origin, race, religion or belief;
Page 2, TITLE I: THE UNION OF THE COMOROS, Article 4:
Under conditions determined by law, suffrage is universal, equal and secret. It can be direct or indirect. Under conditions determined by law, all Comorians of both sexes can vote in enjoyment of their civil and political rights.
|Cote d'Ivoire||01/11/2006||UN Security Council Resolution 1721: The situation in Côte D’Ivoire|
Page 4, Paragraph 18
The Security Council:
Encourages the Prime Minister to seek, as appropriate, the active involvement of civil society in moving the peace process forward, and urges the Ivorian parties, the High Representative for the Elections together with UNOCI to take account of the rights and resources of women and of gender considerations as set out in resolution 1325 (2000) as cross-cutting issues in the implementation of the peace process including through the consultations with local and international women’s groups
|Cote d'Ivoire||04/07/2003||Joint Declaration of the Defence and Security Forces of Côte D'Ivoire and the armed Forces of the Forces Nouvelles|
Furthermore, the duty to remember requires us to think of the thousands of men, women and children who have died or been permanently scarred by this war.
|Cote d'Ivoire||23/01/2003||Linas-Marcoussis Agreement|
Page 5, Annex, Programme of the Government of National Reconciliation, I. Citizenship, identity, status of foreign nationals, 1: ...Therefore the Government of National Reconciliation will:
...b. submit, on an exceptional basis and within six months, a naturalization bill aimed at settling in a simple and accessible manner the cases of those persons deemed ineligible and considered to be in the country illegally (in particular cases concerning persons formerly covered by Articles 17 to 23 of Law 61-415 as repealed by Law 72-852 and persons residing in Cote d'lvoire prior to 7 August 1960 who did not exercise their option within the prescribed deadline), and supplement the existing text by including in new Article 12 foreign men married to Ivorian women.
|18/07/2011||Memorandum of Agreement on the Gorkha Territorial Administration|
10) There shall be a GTA Sabha for the GTA. There shall be a Chairman and Deputy Chairman to conduct the business of Council. The GTA Sabha shall consist of forty- five elected members and five members to be nominated by the Governor to give representation to members of SC, ST, women, and minority communities. The M.Ps, M.L.As, and Chairpersons of municipality(s) of the region shall be Ex-officio Members to this GTA Sabha. The term of the GTA shall be five years.
Page 5, Annexure ‘A’: List of Subjects to be transferred to the GTA
(14) Woman and Child Development and Social Welfare;
|28/02/1994||The Darjeeling Gorkha Hill Council (Amendment) Act 1994|
Page 2, Amendment of section 5, 3: In section 5 of the principal Act,
...(d) for sub-section (3), the following subsection
shall be substituted :-"(3)The Government may provide for due representation of minorities, Scheduled Castes, Scheduled Tribes and women, while nominating the remaining Councillors."
|Democratic Republic of Congo||12/12/2013||Outcome Documents from the Conclusion of the Kampala Dialogue between the Government of the Democratic Republic of the Congo and the M23|
Page 6, Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks (Annex 1):
1.1 [...] In accordance with national and international law, the Amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other massive violations of human rights.
Page 9, Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks (Annex 1), 8. National Reconciliation and Justice:
8.4 Given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of Congo, and with a view to putting an end to impunity, the Government shall ensure that prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers are initiated against any presumed author thereof.
Page 14, DECLARATION OF COMMITMENTS BY THE MOVEMENT OF MARCH 23 AT THE CONCLUSION OF THE KAMPALA DIALOGUE, Untitled Preamble, The Movement of March 23 (hereafter referred to as M23):-
DECLARES as follows:
8. National reconciliation and justice
8.2. The M23 agrees that, given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of the Congo, and with a view to putting an end to impunity, prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers shall be initiated against any presumed author thereof.
Page 20, TRANSITIONAL SECURITY ARRANGEMENTS, II. DISENGAGEMENT, PRIMARY CANTONMENT AND DISARMAMENT OF M23, Phase Two: Cantonment:
28. Planning of the cantonment shall take into consideration the desirable characteristics for a cantonment site, taking into account the specific needs of the M23’s female combatants.
|Democratic Republic of Congo||23/03/2009||Peace Agreement between the Government and Le Congres National pour la Défense du Peuple (CNDP)|
Soucieux de contribuer à une paix durable en République Démocratique du Congo et à une réconciliation sincère entre les filles et fils de ce grand pays ;
Page 4, Article 4: On the national reconciliation mechanism:
4.1 The parties shall maintain a dynamic of reconciliation and pacification, and good intercommunity cohabitation, together with the essential requirement of good governance. With a view to this:
a) The parties agree to create a national mechanism which shall be responsible for defining and implementing the policy of reconciliation between Congolese women and men, and fighting against xenophobia.
Page 4, Article 5: On the resolution of local conflicts:
5.1. The Government shall put in place Permanent Local Conciliation Committees, reporting to the local civil authority, made up of local elders, men and women, to compensate for the lack of resources for non-judicial prevention and resolution of conflicts.
5.2. The parties agree on the principle of creating a “local police force”, as a branch of the Congolese National Police Force; to listen to and serve local people.
5.3. The elements of the local police force shall be recruited and trained at the national level. Their training course shall be organised to provide detailed knowledge of the social realities of their regions of deployment. Although not recruited on the basis of ethnicity or community, the deployment of local police units on the ground shall reflect local social diversity.
5.4 The two parties agree that CNDP’s proposals on the subjects above shall be transferred to the government party.
5.5 While awaiting the deployment of local police and in order to ensure the safety of refugees and displaced persons returning to their homes, the parties agree that the Government shall set up a special police unit, created from the integration process of CNDP police contingents in the Congolese National Police. This unit shall be trained and equipped such as to maintain order at the local level.
Page 10, Article 12: Specific Issues 12.7. The Government undertakes to support former CNDP members wounded during the war, as well as their orphans and widows. The CNDP will compile a list.
Page 7, Article 12: On specific questions:
12.7 The Government shall take charge of the war wounded, orphans and widows of ex-CNDP contingents, of whom a list shall be prepared by CNDP. The parties agree to formally recognise the ranks of ex-CNDP elements in both the Congolese National Police and FARDC. This shall be administratively comprehensively regulated within the framework of the General Law and the relevant regulations shall be enacted. Greater efforts shall be made to provide effective logistical support to units on the ground.
|Democratic Republic of Congo||02/02/2008||Ordonnance N° 08/008 du 02 Fev 2008 portant organisation et fonctionnement du programme national de sécurisation, pacification, stabilisation et reconstruction des provinces du Nord-Kivu et du Sud-Kivu, dénommé « Programme Amani »|
Page 5, Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary.
It shall be made up of the following categories of members:
- two (2) representatives (including one woman) from the local community;
- two (2) representatives from religious groups;
- two (2) civilian representatives (including one woman);
- two (2) private sector representatives (including one woman).
Page 6, Article 21:
The Humanitarian and Social Technical Commission shall consist of the following cells:
- the Care of Displaced Persons Cell: made up of two (2) delegates per community (including one woman);
- the Care of Refugees Cell: made up of two delegates per community (including one woman) and representatives of the Traditional Chiefs.
|Democratic Republic of Congo||23/01/2008||Acte d'Engagement, Nord Kivu|
Page 4: ARTICLE III: ON HUMANITARIAN PRINCIPLES AND RESPECT FOR HUMAN RIGHTS:
Strict observation of the regulations of international humanitarian law and human rights, in particular:
• Cessation of acts of violence, abuse, discrimination and exclusion, of any kind, against the civilian population, particularly women and children, elderly and disabled persons;
|Democratic Republic of Congo||23/01/2008||Acte d'Engagement, Sud Kivu|
Page 4: ARTICLE III: ON HUMANITARIAN PRINCIPLES AND RESPECT FOR HUMAN RIGHTS:
Strict observation of the regulations of international humanitarian law and human rights, in particular:
• Cessation of acts of violence, abuse, discrimination and exclusion, of any kind, against the civilian population, particularly women and children, elderly and disabled persons;
|Democratic Republic of Congo||02/04/2003||Intercongolese Negotiations: The Final Act ('The Sun City Agreement')|
Page 21, 8. Resolution No: DIC/CPJ/08 RELATING TO THE REHABILITATION OF WORKERS ARBITRARILY
CONSIDERING the Universal Declaration of Human Rights, which gives every individual the right to gainful employment;
CONSIDERING that by virtue of Article 58 of the Congolese Labour Code, the opinion, race and sex of a worker cannot constitute valid grounds for dismissal;
Page 47-54, 21. Resolution No: DIC/CHSC/01 RELATING TO THE EMERGENCY PROGRAMME IN DIFFERENT SOCIAL SECTORS
STRESSING the disastrous situation on the health level characterised by the insufficiency, dilapidation or destruction of infrastructures, the lack or insufficiency of medicines and equipment, the high and uncontrolled costs of care, the recurrence of endemic and epidemic diseases, the re-emergence of previously controlled diseases, the high prevalence of sexually transmitted diseases and of HIV/AIDS, the high rate of infant and maternal mortality and malnutrition and the uneven distribution of health professionals between rural and urban environments as well as their demotivation;
CONCERNED by the fact that all cardinal virtues in the social sector have been compromised by the armed conflict resulting in the destabilisation of homes, the separation or divorce of parents, the increase in the number of abandoned children, children born out of wedlock, young delinquents and illiterates; and resulting further in: prostitution, promiscuity, an increase in the number of women as heads of households and child-mothers, the negation of moral and ethical values (rape, incest, pedophilia, abuse of women, etc), children being involved in odd jobs for survival, the abandonment of the elderly and those living with a physical or mental handicap, the neglect of war invalids and prisoners etc;
NOTING that the armed conflict has increased discrimination against women thus violating the universal principle of equal rights and respect for human dignity, rendering women more vulnerable, hampering their equal participation in the political, social, economic and cultural life of their country and restraining women from serving their country and humankind to their fullest potential;
OBSERVING the growing numbers of the socially maladjusted, the increasing pauperisation of the population, especially women and households more and more frequently headed by women, the chronic non-payment of salaries, the excessive material burden borne by women and its impact on their morale, and all the situations accentuating the increased unemployment rate;
ii. Provide material, equipment and medical supplies to all health
centres and all the health zones;
iv. Adopt policies and measures to achieve the so-called “millennium” objective according to which every girl and boy from now until the year 2015 will have equal access to primary education as well as to all the other levels of teaching;
viii. Re-launch the policy relating to special teaching as well as to the reintegration of children and young people including child mothers who fail and drop out of the education system;
b. Short and medium term
i. Rationally manage the financial resources of the education sector in order to ensure free primary education as an objective to be achieved urgently, by progressively raising the percentage of children in full-time schooling, particularly in the case of vulnerable populations, girls and underprivileged groups;
FAMILIES, WOMEN, CHILDREN AND VULNERABLE PERSONS
i. Set up psychological rehabilitation centres for women, girls, children and all other traumatised persons;
iv. Restore the dignity of women so that they may fully assume their noble role of wives, mothers, educators, custodians of social values and development agents;
v. Set up appropriate and specific structures which can enable women to gain access to credit, micro-finance and the business world;
b. Short and medium term
ii. Popularise different legal texts relating to recognised women’s
rights and the protection of those rights;
iv. Reinforce the identity of women concentrating on equality and complementarity with regard to their effective integration in all vital areas of national life: this concerns the thorough application of the quota or percentage allocated to women in the effective participation in all decision-making sectors of national life (The quota is equivalent to at least 30%, according to the Declaration of the SADC countries, ratified by the DRC);
v. Ensure appropriate and efficient support and guidance for women to enable them to catch up with men in all spheres;
vi. Ensure the full development and progress of women so as to guarantee them the full enjoyment of human rights and basic liberties on an equal footing with men;
vii. Modify or repeal any law, regulatory provision, custom or practice which constitutes discrimination against women or which contradicts the relevant legal instruments, especially regarding the legal incapacity of married women;
viii. Increase the marriageable age of girls to 18 years.
5. SPORTS AND LEISURE
iv. Promote school, university, military and women’s sports and those for people living with a handicap, and even for prisoners.
6. EMPLOYMENT AND PUBLIC ADMINISTRATION
b. Short and Long Term
iv. Speed up the implementation of the revised labour law and adapt the labour regulations, among others, to ensure equity,
equality and balance between men and women in all the provinces, with measures to guarantee their implementation through the Labour Inspectorate;
Page 58, 22. Resolution No: DIC/CHSC/02 RELATING TO THE EMERGENCY HUMANITARIAN PROGRAMME FOR THE DRC
1. more than 3 million internally displaced people, who have fled their war-ravaged, insecure towns or villages, losing everything: houses, jobs, source of income, and become completely destitute and reduced to vagrancy. A large number of these people are women, children and the elderly, most of whom are malnourished and in need of health care;
3. women, children, the elderly or the handicapped exposed to the horrors of war, psychological trauma and sexually transmitted diseases, eg HIV/AIDS;
5. Demobilised child soldiers who have been seriously traumatised in body and spirit, those disabled by the war, widows who have become heads of families, orphans and minors without parental supervision, women and young girls who have been raped and contracted serious illnesses and unwanted pregnancies. All these very vulnerable people need appropriate programmes for reintegration and rehabilitation;
CONSIDERING that one of the essential missions of a State is the protection of its citizens by guaranteeing their security, the exercise of their fundamental rights and their socio-economic welfare in conformity with the Universal Declaration of Human Rights on 1948, the African Charter of Human and People’s Rights of 1981, the clauses relating to women’s and children’s rights and all international legal instruments relating to the rights of refugees.
Page 64, 23. Resolution No: DIC/CHSC/03 RELATING TO THE EMERGENCY PROGRAMME FOR THE ENVIRONMENT IN THE DEMOCRATIC REPUBLIC OF CONGO
12. Request the Congolese authorities to involve all national partners, in particular women’s groups, young people, planters, scientists and professionals in implementing the emergency programme.
Page 72, 27. Resolution No: DIC/CHSC/07 RELATING TO ETHICS AND THE FIGHT AGAINST CORRUPTION
GIVEN that at the heart of this crisis corruption in many forms appears as the manifestation of the anti-values and non-transparent practices on the part of men and women seeking to advance their careers in executive spheres, eg the army, the police, information services, public administration, health, education, the economy, religious denominations, the legal system, family and civil society, and shows itself in despicable behaviour such as lying, malevolence, defamation, fraud, malpractice, misappropriation, influence peddling, nepotism, favouritism, tribalism, regionalism, clientelism, sexual harassment, bribery, the abuse of power, forgery and
Page 76, 28. Resolution No: DIC/CHSC/08 RELATING TO THE NATIONAL MONITORING BODY FOR HUMAN RIGHTS
Preamble refers to ratification but non-implementation of inter alia
5. the Convention on the Elimination of all Forms of Discrimination against Women;
1. The creation of a National Human Rights Monitoring Unit, an independent and executive organ enjoying autonomy of management and action.
2.j. create a commission for the protection of women and children with the mandate to:
i. denounce all forms of violence specifically perpetrated against women and children, the elderly and persons living with a handicap;
Page 78, 29. Resolution No: DIC/CHSC/09 RELATING TO THE MEDIA SECTOR
1. The creation of a High Media Authority.
1.i. strive towards the production of broadcasts, programmes and educational documentaries which respect human values, especially the dignity of women and young people.
Page 82-83, 31. Resolution No: DIC/CPR/02 ON THE PROTECTION OF MINORITIES
CONSIDERING that our country has ratified several international conventions (...) the Convention for the Elimination of All Forms of Discrimination against Women...
Page 86-89, 33. Resolution No: DIC/COR/04 ON THE INSTITUTION OF A “TRUTH AND RECONCILIATION” COMMISSION
6. Assign to the Commission the following objectives:
7. Resolve that the National Truth and Reconciliation Commission is empowered to hear any person involved in the crimes and large-scale violation of human rights, including the rape of women and girls in times of war. It may also hear any person in a position to enlighten it in its mission.
|Democratic Republic of Congo||01/04/2003||Draft Constitution of the Transition|
Page 2, Preamble, para 6
DETERMINED to guarantee the basic freedom and rights of the Congolese citizen and, in particular, to defend those of women and children;
Page 3, Preamble, para 8
ENDEAVOURING to guarantee a peaceful transition in the Democratic Republic of Congo operating according to the principles of consensus, inclusiveness and non-conflict and based on as just a distribution as possible of different Government responsibilities between the Components and Entities to the inter- Congolese Dialogue, an appropriate representation of the Provinces and the different political sensitivities and, in particular, effective participation of women on all levels of responsibility, taking into account the criteria of competence, credibility and integrity, in a spirit of national reconciliation;
Page 6, CHAPTER II: SOVEREIGNTY Article 10
According to conditions determined by the law, the voters shall all be Congolese of both sexes, over the age of eighteen, who enjoy their civil and political rights.
Page 8, TITLE III: PUBLIC FREEDOM, BASIC RIGHTS AND DUTIES OF THE CITIZEN, Article 17
All Congolese shall be equal before the law and shall have the right to equal protection of laws.
A Congolese person may not, with regard to education and access to public functions or any other matter, be the subject of a discriminatory measure, irrespective of whether it results from the law or an act of the executive, for reasons of religion, sex, family origin, social condition, residence, opinions or political convictions, allegiance to a race, ethnic group, tribe, cultural or linguistic minority.
Page 13, TITLE III: PUBLIC FREEDOM, BASIC RIGHTS AND DUTIES OF THE CITIZEN,
The working rights of an individual may not be harmed due to his/her origins, sex, opinions or beliefs.
The right to create organisations shall be guaranteed.
Public authorities shall collaborate with private national associations that contribute to the social, economic, intellectual, cultural, moral and spiritual development of populations and education of male and female citizens.
Page 15, TITLE III: PUBLIC FREEDOM, BASIC RIGHTS AND DUTIES OF THE CITIZEN, Article 44
All children shall have the right to know the names of their father and mother.
The State shall be obliged to protect the child against prostitution, procuring, homosexuality, incest, paedophilia, sexual harassment and all other forms of sexual perversion.
Page 17, TITLE III: PUBLIC FREEDOM, BASIC RIGHTS AND DUTIES OF THE CITIZEN, Article 51,
The State shall have the duty to ensure the elimination of all forms of discrimination with regard to women and to ensure the respect and promotion of their rights.
The State shall be obliged, in all areas, in particular in the economic, social and cultural sectors, to take all appropriate measures to ensure the full participation of women in the development of the nation.
The State shall take measures to fight against all forms of violence against women in public and private life.
Women shall have the right to significant representation in national, provincial and local institutions.
Page 26, PARAGRAPH I: THE NATIONAL ASSEMBLY, Article 99
The National Assembly comprises 500 members designated by the Components and Entities of the Inter-Congolese Dialogue according to the conditions defined in Annexure I B of the Global and Inclusive Agreement.
All the Components and Entities ensure a balanced provincial representation and simultaneously a significant presence of women in Parliament.
Nobody may be a Member of Parliament if he/she is not a Congolese citizen 25 years old at least at the time of his/her designation.
The Senate comprises 120 members designated by the Components and
Entities of the Inter-Congolese Dialogue according to the conditions set out in
Annexure I B of the Global and Inclusive Agreement.
All the Components and entities ensure a balanced provincial representation as
well as a significant presence of women within the Senate.
Nobody may be a Member of the Senate unless he/she is a Congolese citizen 40
years old at least at the time of his/her nomination
The Senate is constituted to ensure the representation of all the provinces.