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Gender budgeting
Gender inequality has a domino effect on all members of the society since it shows inefficiency on behalf of the government.109 Empowering women has the effect of providing countries with the possibility of a ‘combination of increased productivity, improved human resources, less stress and better overall health’.110 There is an assumption that economic growth has a ‘trickle down’ effect on the human rights of the individuals in the society.111 However, the effect of economic growth on human rights is not direct and the state has to address each issue individually.112 Development in Africa is in the hands of men who are at the head of the state or at the head of the family.113 Howard has pointed out that women’s human rights cannot be realised unless there are reforms within a country, including the economic sphere.114 She finds it preoccupying that women’s status in the economic dimension in African countries is not given enough attention. Howard makes reference to the role of foreign aid in the protection of women’s human rights but ignores the role of government’s budget in furthering women’s human rights.115
The expenditure aspect of fiscal policy has been identified as ‘the most promising entry point for integrating a gender analysis’.116 The fiscal policy of the government comprises of revenues and public expenditures.117 Traditionally these two are included in a national budget and this policy can influence the distribution of income.118 The national budget is considered as a good starting point to integrate gender issues in macroeconomic policies of the government since the outcomes can be better assessed than if there is an integration of gender issues in the monetary policy.119 Governments might take a ‘gender-blind’ approach to budgeting without realising that the implementation of the policy is not done in a ‘vacuum’ but rather in a society where both men and women co-exist and should be beneficiaries of the policy.120 By being ‘gender-blind’ some states might reinforce the inequalities that exist between men and women that is unfair in a world where there should be more redistributive fiscal policies.121 This is also against most governments’ undertaking to promote gender equality.122
The International Covenant on Civil and Political Rights
The ICCPR was adopted by General Assembly resolution 2200A (XXI) on 16 December 1966 and came into force on 23 March 1976.62 Similar to the ICESR, the provisions of the ICCPR extend to women in terms of article 2(1) of the ICCPR.63 Article 2(2) of the ICCPR provides that states must ‘undertake necessary steps … to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant’. The Human Rights Committee has interpreted article 2(2) of the ICCPR on several instances to include budgetary allocations as one of the measures to be taken by governments. General Comment 264 of the Human Rights Committee that concerned reporting guidelines recommends states reports to indicate the measures adopted by states to give effect to the rights in the ICCPR. It further states that not only the legal measures should be mentioned but also ‘further relevant facts which are likely to show the degree of the actual implementation and enjoyment of the rights’ protected by the ICCPR.65 This statement can be interpreted to include budgetary allocations information that fall within ‘further relevant facts’.
General Comment 32 of the Human Rights Committee provides that states are recommended to provide resources to give effect to the right to equality before courts and tribunals and to a fair trial.66 In relation to undue delays, it has been provided that if they are caused by ‘a lack of resources and chronic under-funding, to the extent possible supplementary budgetary resources should be allocated for the administration of justice’.67 This can be interpreted to mean that in the event a country is facing difficulties to give effect to the rights in the ICCPR due to resources constraint, it has to re-engineer its budget to ensure that that particular right is realised. The Human Rights Committee has also considered budgetary allocation to institutions which are relevant for civil and political rights. For instance, in the concluding observations on the initial report of Burkina Faso, the Human Rights Committee has recommended the state to ensure that the National Human Rights Institution and the judiciary are allocated sufficient budgetary resources to execute their functions.68 Such a recommendation was also made to Ghana concerning its Commission on Human Rights and Administrative Justice.69 The Human Rights Committee has gone a step further and has considered the allocation of resources to the Office of the Ombudsman of Namibia to be insufficient and has recommended the state to increase its budgetary resources to this institution.70
The Economic Community of West African States
The Economic Community of West African States (ECOWAS) was originally established in 1975290 but the organisation was reviewed in 1993 and a new treaty was adopted.291 It currently comprises of 15 West African States.292 The judicial precedents of the ECOWAS demonstrate that this REC is dedicated to ensure that women’s human rights are upheld. For instance in the case of Koraou v Niger293 where a woman had been held as a slave for nine years, the Republic of Niger was held responsible for its administrative and judicial authorities inactions. The ECOWAS Court further ordered Niger to pay compensation in monetary terms to the victim.294 Article 63 of the ECOWAS Treaty focuses on women and development. Under this article, member states have the obligation to ‘formulate, harmonise, co-ordinate and establish appropriate policies and mechanisms for the enhancement of the economic, social and cultural conditions of women’.295 Member states are further required to ‘take all necessary measures’ to ensure that the challenges that women face to contribute to regional development are minimised. Therefore, member states have to develop programmes and policies which ensure that women are empowered to participate at the regional level. These programmes and policies require resources on behalf of the government and as such member states have to adopt budgetary measures to give effect to the provisions of the ECOWAS Treaty.
The ECOWAS Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace Keeping and Security of 1999 (ECOWAS Protocol on Conflict) acknowledges that there is a need to develop policies for vulnerable groups, including women, following a conflict.296 Article 44(f) of the ECOWAS Protocol on Conflict further provides that member states affected by violent conflict are required to provide ‘assistance to vulnerable persons, including … women’. The Protocol on Democracy and Good Governance Supplementary to the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security of 2001 (ECOWAS Protocol on Democracy) makes specific reference to women’s human rights and to international and regional instruments protecting women’s human rights.297 In relation to elections, member states shall adopt ‘all appropriate measures’ to ensure that women enjoy equality when it comes to voting or to be voted, and participation in policies formulation processes.298 With regard to education, member states must adopt policies which promote women’s education and training ‘at all levels and in all fields’.299 Member states also have the obligation to eliminate stereotypes against women.300 In addition to the above provisions, section VIII of the ECOWAS Protocol on Democracy is dedicated to women, children and the youth. Article 40 of the ECOWAS Protocol on Democracy requires member states to ‘eliminate all forms of discrimination and harmful and degrading practices against women’.
CHAPTER ONE: INTRODUCTION
1.1 Background
1.2 Research problem
1.3 Research questions
1.4 Definition of terms
1.5 Vulnerabilities that African women face
1.7 Assumptions
1.8 Significance of the study
1.9 Method
1.10 Limitations
1.11 Structure
CHAPTER TWO: AFRICAN STATES’ OBLIGATIONS TO PROVIDE BUDGETARY RESOURCES TO REALISE WOMEN’S HUMAN RIGHTS
2.1 Introduction
2.2 African states’ obligations vis-à-vis women’s human rights
2.3 International human rights law and provision of budgetary resources to realise women’s human rights
2.4 The African Union and allocation of budgetary resources to realise women’s human rights
2.5 African sub-regional organisations and gender budgeting
2.6 Conclusion
CHAPTER THREE: GENDER BUDGETING AND THE PROVISION OF BUDGETARY RESOURCES TO REALISE WOMEN’S HUMAN RIGHTS
3.1 Introduction
3.2 Theory behind public budgeting and realisation of human rights
3.3 Integrating a human rights approach to public budgeting
3.4 Analysis of a human rights approach to public budgeting
3.5 Lack of gender focus in a human rights approach to public budgeting
3.6 Theory behind the adoption of gender budgeting and the realisation of women’s human rights
3.7 Essential elements of gender budgeting
3.8 Conclusion
CHAPTER FOUR: THE ADOPTION OF GENDER BUDGETING: LEARNING FROM THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY GUIDELINES AND THE SOUTH AFRICAN INITIATIVES
4.1 Introduction
4.2 Background to gender budgeting initiatives in South Africa
4.3 Background to the SADC guidelines
4.4 Gender budgeting in practice: The SADC guidelines and the South African initiatives
4.5 Additional aspects to be considered while developing a framework on gender budgeting to be adopted by the African Union
4.6 Proposed framework on gender budgeting to be adopted by the African Union
4.7 Conclusion
CHAPTER FIVE: THE ROLE OF THE AFRICAN UNION AND THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY TO ENSURE THAT AFRICAN STATES ADOPT GENDER BUDGETING
5.1 Introduction
5.2 The Southern African Development Community
5.3 Conclusion
CHAPTER SIX: CONCLUSION AND RECOMMENDATIONS
6.1 Introduction
6.2 Key findings
6.3 Recommendations
6.4 Suggestions for further research
