Draft not for quotation Dr. Marjorie Lister EUSA Annual Conference March 31-April 2, 2005 Gender and European Union Development Policy Introduction New approaches to international development, from the first ‘women in development’ strategies of the l970s to the empowerment and mainstreaming approaches of the l990s, have consistently pushed the boundaries of recognizing gender-based disadvantage and promoting more gender equality. But despite the passing of over three decades since gender aware approaches began to emerge in development policy, gender remains a marginalised area in standard development theory (Baylies 2002). Gender awareness is even more unusual in the foreign policy and security discourses which have come to accompany development policy ever more closely today (Maxwell 2005) but which are outside the main focus of this paper. This paper analyses the context surrounding the inclusion of gender in EU development policy, and the principal steps the EU has taken towards including gender equality in its development policy. Gender and the EU Gender has recently become an issue of increasing interest and importance to EU policy-makers. Despite the existence of pressure groups like the European Women’s Lobby, the European Women Lawyers Association, and Women in Development Europe, within the EU women as a group have not been mobilised around gender or other issues. Therefore in practice women lack political power at the European level. Moreover, important theoretical debates surrounding European integration, including federalism and neo-functionalism, have typically been gender blind. They have failed to show how the process of European integration would affect the respective interests of women and men. These theories usually failed even to question of different roles of women and men in the construction of Europe. The first basis of gender equality in the European Union lay in the constitutive treaty of the European Economic Community. In a notable and progressive step, Article 119 of the 1957 Treaty of Rome provided for equal pay for women and men for equal work, as France had already done. But the justification for this action was to harmonize labour costs, not to achieve gender equality. The debates surrounding the establishment of Treaty of Rome and Article 119 took into account the needs of the labour market, but never considered the interests of women (Hoskyns l996). Nevertheless, this debate did occur within the framework of an ongoing international post- World War II discourse of expanding human rights (Shaw 2002), a discourse which was not specifically designed to expand women’s rights but applied in general terms to women as well as men. Leon et al argued that the pursuit of gender equality within the EU “rapidly (sic) developed into a social policy objective in its own right” (Leon et al 2003). But in actuality, even by 1988 the speech by Commission President Delors reintroducing social policy into the EU completely left out gender (Hoskyns 1996). EU Social Affairs Commissioner Anna Diamantopoulou announced in 2003 that measures to implement equal treatment between women and men in the access and supply of goods and services (notably insurance and pensions) were the first ever EU steps to promote gender equality beyond the fields of pay, employment and social security. (European Parliament Committee on Women’s Rights and Equal Opportunities 2003a) (emphasis added). Thus, gender equality as a policy objective in the European Union has developed slowly over almost four decades. Commission President Prodi acknowledged in 2000 that while the EU had made progress in terms of employment rights for women, progress in political terms still needed to be made (Prodi 2000) Despite some gains for women in Europe from the EU, often from decisions of the European Court of Justice, the EU’s policies on gender have been relatively limited (Hoskyns 2000). For instance, EU support for ‘positive discrimination’ in favour of women in employment to offset past discrimination, and measures to combat sexual harassment in the workplace have been very partial (European Commission 2000a). Like the Millennium Development Goals, the EU’s gender policies have suffered from a ‘top down’ or elitist manner of policymaking (Mazey 2002). They centred on law, employment and infrastructure issues. These policies benefited mainly middle class and professional women rather than grassroots organizations and poor or socially excluded women. Immigrant women and men, for instance, have often had their social and family reunification rights subordinated to immigration control issues in the EU. Even feminist movements in Europe have been slow to take up the concerns of immigrant and black women (Kofman l999). However, the Community Framework Strategy on Gender Equality 2001-2005 does include the objective of supporting the human rights of women, especially migrant and ethnic minority women, including the sphere of asylum and immigration. It also includes objectives of incorporating gender analysis into development programmes and fighting human trafficking for sexual exploitation (European Commission 2000a). There is no doubt that a commitment to gender equality today comprises part of the European Union acquis, the acquired rights and benefits of the European political construction. The EU’s foundational treaties and official statements and communications show, if not rapid, at least a forward-moving, development and enhancement of ideas of gender equality. The ‘equal pay for equal work’ clause of the Treaty of Rome, no more than a slender historical thread supporting the EU’s gender equality regime (Shaw 2002), was significantly expanded in the l992 Treaty of Maastricht’s Article 141. This article specified not only equal pay for women and men for work of equal value, but also equal treatment of men and women in matters of employment and occupation. It also allowed for ‘positive actions’ to make it easier for the under-represented sex to pursue a vocational activity or to compensate for disadvantages in professional careers. Following the l995 Beijing Fourth World Conference on Women –in which the EU played a significant role in drafting the platform of action- the EU has progressively committed itself to gender equality as a goal and to gender mainstreaming as a tool for accomplishing this goal (European Commission 2003a). Mainstreaming is a leading but controversial policy for incorporating gender considerations into all aspects of development. Gender mainstreaming emerged as a reaction to the perception that ‘women in development’ offices within agencies were under resourced and marginalized while ‘women in development’ projects and policies were too narrowly focussed on women, to the neglect of men and the relations between the two genders. Gender mainstreaming implies that both women and men should be involved in planning and setting the development agenda, so that the interests and needs of both sexes are met in practice (Arnfred 2002). The obstacles to gender mainstreaming have ranged from outright resistance to a lack of accountability and competition from issues like race, age, and disability. In the run-up to the Treaty of Amsterdam, the EU continued to elaborate its gender agenda. The September l995 Communication from the European Commission to the Council and the Parliament on “Integrating Gender issues in Development Cooperation” was followed in l996 by a Commission Communication “Incorporating Equal Opportunities for Women and Men into all Community policies and activities.” The European Council recommendation “On the balanced participation of women and men in the decision making process” specifically referred to the Beijing Platform for Action. It argued that balanced participation was a requirement for democracy and would result in more justice and equality in the world for both sexes (European Council 1996). This gender balance in decision-making however has not yet been achieved; it was notably lacking in the creation of the new European Constitution (see below). The 1997 Treaty of Amsterdam progressed the European Union’s gender policy at the constitutive or Treaty level by reiterating previous Treaties’ provisions on gender equality in employment and making the promotion of equality and the elimination of inequalities between the sexes an aim for the Community in all of its actions. The Amsterdam Treaty also introduced a non-discrimination clause allowing the Council of Ministers (but only under unanimity) to take action to prevent discrimination in terms of sex, race, ethnity, religion, disability, age or sexual orientation. These principles appeared in much the same form again in 2000 in the Treaty of Nice. It is interesting to note that unlike the usual process whereby EU policymaking principles and practices- and member states’ political and financial interests – strongly affect development cooperation (Lister 2002), in this instance the direction of influence was reversed. That is, the policy of gender mainstreaming started in development and then flowed through into the EU more generally. The Commission’s communiqués of l995 and l996 mentioned above both focus on gender mainstreaming in the context of development and external relations. The latter one is often but erroneously (Wank 2003) considered to have given gender mainstreaming the wider applicability it achieved in later EU policies such as the Council Recommendation on the balanced participation of women and men in the decision making process (l996) and the Community Framework Strategy on Gender Equality 2001-2005. The Community Framework Strategy explicitly recognized its debt to the influence of the Beijing Platform for Action and to previous EU gender initiatives in the fields of external relations and development cooperation (European Commission 2000a). Within the EU structure, some member states have been more supportive of gender equality issues than others. The British and Austrian EU presidencies of l998, and more generally the policies of Sweden, the Netherlands, the UK and France have been progressive towards gender issues; whereas Italy Ireland Greece and, in the case of development, the Portuguese Commissioner, were less favourable (Pollack and Hafner Burton 2000). In the European Commission, female commissioners like Anna Diamantopoulou (quoted earlier) and the Equality Group of Commissioners led by President Santer kept gender issues on the EU agenda if not at the centre of EU concerns. The role of his successor in 2004, Commission President Barroso, in progressing gender equality has yet to be evaluated. Another institution encouraging the EU to implement gender equality policies is the European Parliament’s Committee on Women’s Rights and Equal Opportunities (FEMM). Since l999 the 41-member Committee, chaired by Anna Karamanou and subsequently by Anna Zaborska, has been active in monitoring the Commission’s performance on gender issues. The Committee has expressed strong views on subjects including the gender provisions of the planned European Constitution (for which it proposed numerous amendments), the rights of women who live in rural areas of the EU, the problems of women in Iraq and Afghanistan, and measures such as gender sensititive budgeting (European Parliament Committee on Women’s Rights and Equal Opportunities 2003b). The European Constitution The European Convention began in 2002 to draft a new constitutional treaty for the European Union which could ultimately have a huge impact on all aspects of Union, including its structure and competences (European Convention 2003). The central problematique of the Convention was to create a stronger federal core for the EU as it enlarged to encompass 25 member states, whilst maintaining as much national autonomy for the member states as possible. The President of the Convention, Giscard d’Estaing, frequently compared the importance of the European Constitutional Convention to that of the US Constitutional Convention in the late 18th century. As in the case of its US counterpart, neither development policy nor gender played an agenda-setting role in the debates. The latter omission is not surprising given the under-representation of women in the Convention process. The 12-member Presidium which managed the preparation of the Draft Constitutional Treaty, for instance, included only one woman, who was not among the Chairman (sic) or two Vice-Chairs (Lister 2003). For the Convention as a whole, as of February 2003, only 18 out of the 105 representatives were women. Some countries such as France and Denmark sent no women at all as full members (Leon et al 2003). This under-representation of women in the important constitutional process is completely at odds with the European Union’s explicit recognition of the importance of involving women in decision-making. The European Council observed in l996 that the ‘balanced participation of women and men in the decision-making process was a requirement for democracy (European Council l996), and the European Commission, subsequently set in 2000 a target of 40% women members for its expert groups and committees as women (Leon et al 2003). Like the drafting process, the gender content of the Draft Constitutional Treaty attracted criticism. According to Presidium member Klaus Hansch, the battle over gender was not so much to expand the provisions in the Constitution, but just to maintain what already exists in the EU (European Parliament Committee on Women’s Rights and Equal Opportunities 20003a). Gender equality provisions in the Constitutional Treaty are substantial and include: the equality of women and men as one of the Union’s objectives; the positive obligation for mainstreaming equality; the fight against discrimination based on sex, ethnicity, and so forth; the commitment to equal pay, opportunities and treatment in matters of employment; and measures against human trafficking. The incorporation into the Constitution of the Charter of Fundamental Rights (2000) also includes equality and human dignity as rights. Nevertheless, the first sixteen Articles of the Constitution mention gender equality only once and don’t list it among the Union’s ‘core values’ in Article 2. Despite the expression of gender equality values and provisions in the constitution, some analysists still doubt the EU’s political will to enforce and implement them (Leon et al 2003). Gender failed to percolate through to the sections on education, health, violence, asylum, citizenship, budgeting, defence and security policy (Wank 2003), or to agriculture and fisheries, or environment. Neither are the EU’s institutions required to have any specific gender balance. Gender balance in decision-making is not the only area that of the Constitution that has suffered from some policy gap between rhetoric and reality. The Convention was originally supposed to simplify and consolidate the EU’s treaty basis, thereby making it closer and more comprehensiveble to the citizen. But in the end, the new Constitution was noted by Presidium member Gisela Stuart to be so complex it would be very hard for anyone outside the debates to make sense of it (Stuart 2003). No doubt the complexity of the proposed Constitution combined with the difficulty of meeting the expectations of the many states involved contributed to the failure of the negotiations in December 2003. The success of the Irish presidency in reviving the treaty during the first half of 2004 was widely remarked. The constitutional treaty was signed in October 2004 by the EU heads of state and government, but its ratification is still subject to a series of referenda in ten of the member states*, as well as parliamentary ratification in the others. *Already approved by Spanish voters in February 2005. Gender and Development in the EU The inclusion of the gender dimension in EU development policy dates back to the Third Lome Convention (Lome III) signed in 1984. The Lome III agreement explicitly incorporated women for the first time into EU development policy, under the title ‘Cultural and Social Co-operation.’ The EU’s policy owed a considerable debt to the welfare approach to women in development (Turner l999). Women were to be taken account of in the sectors of project appraisal, health, training, and production –and, in an arguably patronising phrase - in view of ‘the arduous nature of their tasks.’(Lome III, Article 123). However, the new recognition of women in the Lome III text, was extremely low-key. Unlike the fight against desertification and the expansion of fisheries, the references to women were not listed by the official ACP- EU journal The Courier at the time as counting among the ‘milestones’ of Lome III (The Courier l985). These gender-aware inclusions helped the EU keep pace with the wider international discourse and occurred in the same year that the UN General Assembly mandated UNIFEM, the United Nations Fund for Women, to ensure women were included in development programmes (Sandler l997). The Fourth Lome Convention signed in l989 showed considerable progress on gender, with a sub-section devoted to ‘Women in Development’ and many more references to women in terms of human rights, participation in economic and social processes, access to education and training, welfare and environmental management. Lome IV took a step towards acknowledging the centrality of women’s activities to the success of development (the efficiency approach). The failings of Lome IV lay in the lack of references to gender in the crucial areas of trade, structural adjustment, and Stabex (the fund to stabilise export earnings from commodities). Moreover, Lome IV suffered from the absence of specific mechanisms for putting its gender aspirations into practice (Arts 2001). The Barcelona Declaration of l995 which established the Euro-Mediterranean Partnership between the EU and eleven southern Mediterranean states, plus the Palestinian Authority, made positive references to women. A reference to non- discrimination on the basis of sex appeared as a part of human rights-although there was no specific reference to women’s rights. Nor were there any references to mainstreaming or expanding women’s rights in terms of health, reproduction or eradicating labour market discrimination (Kratsa-Tsagaropoulou 2002). Women’s key role in development was briefly recognized in the Barcelona Declaration under Economic Cooperation (and just above fish), but references to gender were conspicuously absent in the Social, Cultural and Human Affairs section of the Declaration. In practice, women’s participation in politics decision-making and in formulating the Barcelona process was minimal. No provisions for funding women’s projects through the European Investment Bank, and no regional programme solely for women were included under the EuroMediterranean (MEDA I or II) aid allocations. No provisions for gathering gender disaggregated data were included; neither did national indicative programmes show more than a partial and piecemeal attempt at addressing women’s needs (Kratsa-Tsagaropoulou 2002). While the Kratsa-Tsagaropoulou report for the Committee on Women’s Rights and Equal Opportunities of the European Parliament quoted above paid serious attention to gender issues, this was exceptional. Neither the European Commission’s report on “Reinvigorating the Barcelona Process” (2000) nor the European Parliament’s Nair Report (2001) on the Commission’s document gave more than the sketchiest attention to gender. Gender issues have got ‘a foot in the door’ of EuroMediterranean cooperation, but these issues are still far from the heart of the relationship.* The Cotonou Agreement of 2000 represented a step forward in gender terms from both the previous Lome and Barcelona processes. Cotonou for the first time adopted an explicit gender and development approach, recognizing the importance both of the empowerment of women and the corollary of the appropriate involvement of men in *EU-Mediterranean cooperation itself seems increasingly far from the heart of EU politics and from the heart of the Middle East peace process (Peel 2004). all aspects of the development process (Equilibres & Populations, undated). Nevertheless, specific mechanisms for incorporating gender and even specific references to gender in the fields of economic cooperation, trade, structural adjustment and tourism are still lacking. Thus, the Cotonou Agreement could be said at best to have partially mainstreamed gender. Constraints on gender mainstreaming in EU development policy include the lack of gender expertise in the Development Directorate-General, the lack of commitment by many officials to the goal and the lack of adequate funding for gender training and implementation (Pollack and Hafner Burton 2000). Neither has gender reached the mainstream of the much-vaunted political dialogue of the Cotonou Agreement. Enhanced political dialogue between the EU and the now 79 developing country members* of the African, Caribbean and Pacific States (ACP) was supposed to be a key feature of Cotonou. The idea of a new and more open political dialogue has even been associated with turning the Agreement into the kind of equal partnership which has persistently escaped EU-developing country relations in practice (Lister l997). However the positive potential of an expanded political dialogue has not so far been realized. The ngo activist Nancy Kwachingtwe asserted: “It is difficult to shake off the image that political dialogue will simply be more of the same- meetings, summits and conferences that deliver little (Kachingwe 2003, 27). Problems over the organization of the two sides of the dialogue, the addition of new actors including non-state actors, and above all the imposition of sanctions for violations of ‘essential elements’ of the treaty, particularly by Zimbabwe, have overshadowed much of the discussion (Mackie 2003). Gender issues have been notable mainly by their absence from the dialogue (Painter and Ulmer 2002). According to the EU, the strategy of gender mainstreaming “is a long-term step-by- step approach based on integrating gender issues into both policy and practice. (European Commission 2003a) The European Union has to some extent recognized the necessity of special measures for women in addition to gender mainstreaming (European Commission 2003c). Therefore the Draft Regulation on Promoting Gender Equality in Development Cooperation 2004-2006 supplements its gender mainstreaming strategy with specific measures for women (European Commission 2003a). This could be seen as mainstreaming plus. However, the Commission’s determination can be questioned: for its much-vaunted programme to complement and support existing gender polices and catalyse new ones, 9 m euros were made available (European Commission 2003c, European Commission 2005), equivalent to just .0012% of the development budget for 2003. The Annual |Report for 2004 shows that the cross-cutting theme of ‘women in development’ attracted 2.53 m euros or a mere .00032% of total development assistance (European Commission 2004). Compared with the EU’s pledge of $460 m euros to fight AIDS, tuberculosis and malaria (European Commission 2004), the funds for fighting gender inequality are miniscule. It’s possible that the beginning of the 21st century marked the high water point for gender and development in EU policy. In the Consultation on the Future of EU Development Policy (2005), for instance, gender isn’t absent, but neither is it central *Cuba is a member of the ACP Group since 2000, but not a Cotonou signatory. to the vision of the European Commission. The Consultation focussed on issues such as poverty security, trade, and environment. Gender only appeared in section 8, as just one of the ‘EU values’ (p. 12) to be discussed with developing countries. The document recognized the need for synergy between different aspects of EU external policies in terms of trade, peace, poverty and inequality, but without mentioning gender (p. 3). But synergies between gender and the environment, and gender and peace are of crucial importance. The document noted that the mainstreaming of four so-called cross-cutting themes of gender equality, human rights, children’s rights and the environment remained merely a good intention within programming documents rather than a reality (European Commission 2005, p. 12). The EU seems even to be unsure of what its cross-cutting themes are. The 2004 Annual Report listed them under seven categories: human rights, democracy, gender sensitivity (italics added), children’s rights, conflict prevention and crisis management, environment, good governance and institution/capacity building (European Commission 2004, 51). Conclusion The European Union has gradually taken on board the objective of gender equality in its array of internal and external policies. From Article 119 of the 1957 Treaty of Rome which guaranteed equal pay to men and women, to the Treaty of Maastricht in l992, gender equality was a low-key issue in the EU. In development policy, the role of women was first recognized in the Third Lome Convention between the EU and the African, Caribbean and Pacific States in 1984, the same year that the United Nations Fund for Women was established to ensure women were included within development programmes. By 1989, the Fourth Lome Convention showed much more awareness of women’s essential roles in development. The Beijing Fourth World Conference on Women in l995 pushed gender awareness further to the front of international and EU attention. The EU’s Treaty of Amsterdam (l997) made the elimination of gender inequalities an aim for the European Communities in all of its actions. The Cotonou Agreement of 2000, which replaced the Fourth Lome Convention, tried to put gender into the mainstream of the partnership of the EU and ACP countries, but like the Treaty of Amsterdam fell short by not establishing explicit mechanisms for achieving gender equality. More recently the proposed European Constitutional Treaty has consolidated rather than expanded gender equality in the EU – and the process of writing the treaty has not involved the equal participation of women. The enhanced political dialogue of the Cotonou Agreement so far has not focussed on gender issues, whilst the European Commission admitted that gender mainstreaming in development has remained merely a good intention. Neither has the level of funding of gender initiatives been sufficient to change deep-rooted gender inequalities. In contrast to the Beijing-plus 10 process which is reviewing the international gender agenda, the consultation process for the future of EU development cooperation in 2005 put gender into a subsidiary rather than a central role. Unless it devotes greater attention to this issue, European development cooperation risks entering a period of ‘gendersclerosis’ or stagnation in promoting gender equality References Arnfred, S. 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