Gender responsive, evidence- and rights-based law and policy

Governance frameworks that address migration will not automatically be gender responsive. Frameworks can be proactively biased towards one gender or can ignore gender completely. Such policies may appear to address all people equally, but ignoring the differing needs and realities of men, women, boys, girls and other non-binary individuals. This can result in bias and discrimination against one or more groups (International Labour Organization [ILO], 2016).

Table
Table 1. Gender-biased, gender-neutral, and gender-responsive policies

GENDER BIASED

GENDER NEUTRAL

GENDER RESPONSIVE
  • Policies that directly discriminate along gender lines.
  • Policies that restrict access to migration programmes based on gender or gender identity.
  • Policies that intend to have the same impact on men, women, boys, girls and non-binary individuals, yet fail to address gender-specific needs and circumstances.
  • The outcomes of gender-neutral policies can still be detrimental on the basis of gender or gender identity.
  • Policies that address any normative bias and discrimination on the basis of gender and gender identity.
  • Policies that address representation, decision-making and distribution of resources between men, women, boys, girls and non-binary individuals.
  • Policies that are based on sex-disaggregated data.
Source

OSCE, 2009.

To be gender responsive, migration policies and strategies should be developed through a gender lens. Non-gender-responsive policies can create barriers to safe, orderly and regular migration for different gender groups, either directly or indirectly. Moreover, when policies are not gender responsive, they may fail to address risks of violence, exploitation and abuse in a particular migration scenario. This may include cases in specific transit routes, or cases where experiences settling in destination countries differ for different gender groups. Gender-responsive policies are necessary where there is the existence or risk of gender inequalities in practices and attitudes.

Table
Table 2. Checklist for formulating gender-responsive policies

AT THE

OUTSET
  1. Take a whole-of-society and whole-of-government approaches by establishing multi-ministerial and multi-stakeholder mechanisms to support the identification, development, implementation and monitoring of key policies and interventions
  2. Identify the migration issue that needs to be addressed
  3. Identify the target group
  4. Commit to making the policy gender responsive and rights based

GENDER

ANALYSIS
  1. Report the gender patterns in the current situation
    • This can include a mix of desk study of existing qualitative research and quantitative data alongside consultations with relevant stakeholders, especially those who are affected
    • Ensure proper representation of women, men, girls, boys and non-binary individuals in the studies and public consultations
    • Assess whether there are gendered differences in terms of rights, resources, participation and norms in the policy area being considered
    • In migration terms, assess whether there are gender differences in terms of access to specific pathways, rates and type of employment, representation and discrimination
  2. Formulate observations
    • For example, it might be observed that more men attend camp meetings while more programming is focused on women
    • Keep in mind that discriminatory instances are less likely to be reported, for instance, against LGBTI individuals
  3. List possible causes and consequences of these observed patterns
    • Analyse whether there are gendered patterns caused by existing policies (either directly or indirectly)
    • Assess whether social and gendered norms encourage men to take more decision-making roles
    • Evaluate whether gendered patterns are impacting access to resources, opportunities or representation

GENDER IMPACT ASSESSMENT
  1. Identify the potential gendered impacts of no policy intervention
  2. Identify the potential gendered impact of the proposed policy
    • What are the different needs of men, women, boys, girls and non-binary individuals?
    • Will the planned policy intervention address these different needs in an equal manner?
    • Will the policy intervention impact different areas of inequality (such as the income of men versus women and non-binary individuals, perception of safety, or employment rates)?

FINDINGS AND PROPOSALS FOR IMPROVEMENT
  1. Identify key requirements for designing policy intervention in a gender-responsive way
  2. Review the policy draft against international standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Global Compact for Migration (see International instruments, initiatives and dialogues).
  3. State the gender-responsive intention of the policy in its preamble
  4. Establish mechanisms to ensure gender-responsive implementation and monitoring, including through budgeting methods, strengthened data collection and analysis, as well as investing in capacity-building.
Source

European Institute for Gender Equality (EIGE), 2016.

An important part of developing a gender-responsive migration policy is understanding the impact that social and gender norms can have in shaping discriminatory practices (either directly or indirectly) along gender lines. A common example of this is seen in labour and migration policies around domestic work, which is often excluded from labour law given its inherently home-based quality. This had led many governments to ban female migration into domestic work (Napier-Moore, 2017). However, such policy decisions do not address the factors that influence female migrants to migrate for domestic work in the first place, and instead such policies have resulted in irregular migration where the risk is significantly higher (Napier-Moore, 2017).

Taking a gender-responsive approach to migration policy can address gender discrimination and lack of gender equality. When movements, services and/or experiences are differentiated along gender lines, gender-responsive policies can respond to such differences. When a policy is gender responsive, it does not favour one gender group and discriminate against others. For example, it is common for shelters and services for victims of human trafficking to be established only for women and girls. This is not gender responsive as it discriminates against men, boys and non-binary individuals.

Good Practice
Gender-responsive migration governance
  • The Indonesian Government has developed a Domestic Worker Roadmap to encourage receiving countries of Indonesian migrants to recognize them as formal workers and grant them rights. It also developed Regulation No.4/2008 which requires a review of regulations in countries of destination that have not signed a memorandum of understanding (MoU) with Indonesia (Birchall, 2016).
  • In the Philippines, the Magna Carta for Women (RA 9710) provides that the State shall exert all efforts to address the causes of outmigration by developing local employment and other economic opportunities and by introducing measures to curb violence and the displacement of local women and girls.
Implementation of gender-responsive governance

To properly implement gender-responsive policies, appropriate human and financial resources need to be in place. Since gender-based discrimination is often rooted in social norms and ideas about what is “right” and “normal” for different genders, it rarely ceases without proactive intervention to change the perceptions that drive it. This includes addressing the attitudes of public authorities who are tasked with implementing migration policies.

One way to strengthen the implementation of gender-responsive migration policy is to ensure that relevant government officials include members from all gender groups. It is also critical that these officials have the capacity to understand the roles of gender norms and the interaction between gender and migration. Some States have established dedicated gender units that are responsible for ensuring gender diversity within government divisions/department, and that capacity-building is undertaken. It is equally necessary to ensure that policies are properly budgeted. Policy interventions should have appropriate financial resources to be able to address gender-related issues adequately.

Gender-responsive budgeting is a tool that analyses the potential positive and negative impact of resource allocation on different gender groups. The goal is to ensure that budget allocations promote gender equality (International Labour Organization [ILO], 2016). For example, to be able to implement a policy ensuring female migrant workers’ access to sexual and reproductive health, there should be adequate financial resources for health-care providers to extend their service provision. Further, in addition to public officials, private sector partners, front-line providers, employers, trade unions and civil society organizations should also fully understand the new policy and how to implement it. Policymakers can establish capacity-building targets for implementing partners. This way, all relevant stakeholders can understand how to budget properly for gender-responsive migration governance and why.

Policy Approaches
Building capacity for gender responsiveness
  • Establish a dedicated gender unit and/or require public officials to undertake capacity-building. This would strengthen officials’ understanding of the role of gender in the context of migration.
  • Engage in gender-responsive budgeting by allocating resources for gender-equitable outcomes. (When resources are distributed equally amongst genders, the impact or outcome may not be equal.)
  • Extend accountability for gender-responsive governance to all partners and stakeholders, including the private sector, employers, trade unions and civil society.
Good Practice
Resourcing for gender-responsive migration policy

Bangladesh Expatriates’ Welfare and Overseas Employment Policy (2016) includes directives specific to the labour migration of women workers, which seek to address financial and human resources. These directives  include:

  1. Establishing a special permanent wing in the Ministry of Expatriates’ Welfare and Overseas Employment for devising approaches and a coordinated implementation of programmes supporting the migration of women workers;
  2. Enhancing gender-responsive budgetary allocations to address the expansion and diversification of women’s participation in the migration process;
  3. Seeking cooperation from various civil society organizations, international donors and NGOs for technical and resource support toward promotion, protection and empowerment programmes;
  4. Increasing the presence of women in labour welfare wings, especially in countries with a significant number of women migrant workers.
Source

UN Women, 2019.

Accessible and inclusive systems for monitoring and evaluation

The objective of monitoring and evaluating gender-responsive policies is to provide accurate feedback. Accessible and inclusive monitoring and evaluation should have a mechanism to collect inputs from a broad array of stakeholders, including the migrants themselves and those affected by migration, who are representative of different gender groups. Such systems should also be equipped with a sound mechanism for analysis and synthesis of the feedback which can then be reported against gender indicators. A working group or task force may be established to review and report on the progress of gender-responsive migration governance at the national level.

To Go Further
  • Demetriades, J. , Gender Indicators: What, Why and How?, 2007. This publication explains the use of gender indicators as a way to measure change. It also addresses what should be measured/considered when making decisions on a particular policy, programme or other activities.
Policy Approaches
Ensuring a gender-responsive monitoring and evaluation group
  • Establish a gender-responsive monitoring and evaluation group, made up of representatives of government, employers, trade unions, civil society and representatives of migrants. This can enhance the gender responsiveness of indicators, data collection and reporting.
  • Ensure that monitoring and evaluation groups include those with a working knowledge of gender and migration as well as of monitoring and evaluation. They should be able to identify gaps in data, make recommendations to address these gaps (through gender disaggregation), establish gender indicators and ensure data collection and analysis is gender responsive.
  • Ensure that monitoring and evaluation approaches are developed and implemented in transparent and participatory ways, so that men, women, boys, girls and non-binary individuals can take part without fear of reprisal.
Source

UN Women, 2020.

Key messages
  • Gender-responsive migration policies proactively address direct and indirect gender-based discrimination that results from gendered norms and biases.
  • For migration governance to be gender responsive, it should be developed based on data, research and engagement with a broad and representative range of stakeholders.
  • Gender-responsive migration policies should be accompanied by a resourcing plan to ensure that they are properly implemented. This includes using gender-based budgeting approaches, establishing dedicated gender units and a comprehensive approach to capacity development among implementing partners.
  • Establishing and engaging with accessible and inclusive monitoring mechanisms can ensure that policies are accurately responding to gender-related bias and discrimination.
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