Attachment J.9 USAID Colombia Gender Analysis and Assessment Report.pdf

USAID/COLOMBIA

GENDER ANALYSIS AND

ASSESSMENT

FINAL REPORT

MAY 2019

Contract No.: AID-OAA-TO-17-00018

May 6, 2019 This publication was produced for review by the United States Agency for International Development.

It was prepared by Banyan Global.

This publication was produced for the United States Agency for International Development (USAID), Contract Number AID-OAA-TO-17-00018. It was prepared by Banyan Global under the authorship of Ingrid Schreuel, Eva Maria Rodriguez, Elvia Gomez, and Alana Kolundzija.

Implemented by:

Banyan Global 1120 20th Street NW, Suite 950 Washington, DC 20036 Phone: +1 202-684-9367 Fax: +1 202-697-5020

Disclaimer: The authors’ views expressed in this publication do not necessarily reflect those of the United States Agency for International Development or the United States government.

Recommended Citation: Ingrid Schreuel, Eva Maria Rodriguez, Elvia Gomez, and Alana Kolundzija.

USAID/Colombia Final Gender Analysis and Assessment Report. Prepared by Banyan Global. 2019.

USAID/COLOMBIA GENDER

ANALYSIS AND ASSESSMENT

FINAL REPORT

APRIL 2019

CONTRACT NO.: AID-OAA-

TO-17-00018

TABLE OF CONTENTS

ACKNOWLEDGEMENTS

EXECUTIVE SUMMARY

1. INTRODUCTION

1.1 Gender Analysis and Assessment Background and Purpose

1.2 Gender Analysis and Assessment Methodology and Research Techniques

2. KEY FINDINGS AND RECOMMENDATIONS

2.1 Democracy, Human Rights, Governance, and Reconciliation

2.1.1 Advances, Challenges, Gaps and Opportunities

2.1.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.1.3 Recommendations for USAID/Colombia

2.2 Rural Economic Development, Value Chains, Tertiary Roads, Land Tenure

2.2.1 Advances, Challenges, Gaps and Opportunities

2.2.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.2.3 Recommendations for USAID/Colombia

2.3 Natural Resources Governance, Illegal Economies, and Environmental Crimes

2.3.1 Advances, Challenges, Gaps and Opportunities

2.3.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.3.3 Recommendations for USAID/Colombia

2.4 Citizen Security and Keeping People Safe

2.4.1 Advances, Challenges, Gaps and Opportunities

2.4.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.4.3 Recommendations for USAID/Colombia

2.5 Venezuelan Migrants and Irregular Migration

2.5.1 Advances, Challenges, Gaps and Opportunities

2.5.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.5.3 Recommendations for USAID/Colombia

2.6 Gender-Based Violence

2.6.1 Advances, Challenges, Gaps and Opportunities

2.6.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.6.3 Recommendations for USAID/Colombia

2.7 Youth

2.7.1 Advances, Challenges, Gaps and Opportunities

2.7.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.7.3 Recommendations for USAID/Colombia

2.8 LGBTI

2.8.1 Advances, Challenges, Gaps and Opportunities

2.8.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

2.8.3 Recommendations for USAID/Colombia

3. GENDER ANALYSIS AND ASSESSMENT – GENERAL OVERVIEW

3.1 Law, Policies, Regulations and Institutional Practices

3.2 Cultural Norms and Beliefs

3.3 Gender Roles, Responsibilities and Time Use

3.4 Access to and Control Over Assets and Resources

3.5 Patterns of Power and Decision-Making

4. USAID/COLOMBIA INSTITUTIONAL FRAMEWORK ON GENDER EQUALITY AND

INCLUSION OF VULNERABLE GROUPS

4.1 USAID/Colombia Strategic Framework and programming

4.2 USAID/Colombia Policy and Practice on Gender Equality, Female Empowerment and Social Inclusion of Vulnerable Groups

4.3 Results of the USAID/Colombia Staff and Implementing Partners Surveys

4.4 Recommendations for USAID/Colombia

4.5 Other Gender Interventions and Action of International Donors

ANNEX A: SCOPE OF WORK

ANNEX B: DETAILED METHODOLOGY

ANNEX C: RESEARCH MATRIX

ANNEX D: INFORMATION-GATHERING TOOLS

ANNEX E: OVERVIEW OF LEGAL AND INSTITUTIONAL FRAMEWORKS

ANNEX F: LIST OF KEY DOCUMENTS CONSULTED

ANNEX G: LIST OF STAKEHOLDERS CONSULTED

ANNEX H: GENDER INTEGRATION SURVEY RESULTS

ACRONYMS

ACR Agencia Colombiana para la Reintegración ADS Automated Directives System ANT Agencia Nacional de Tierras AOR Agreement Officer Representative CDCS Country Development Cooperation Strategy CEDAW Convention on the Elimination of All Forms of Discrimination Against

Women CIDH Comisión Interamericana de los Derechos Humanos/Interamerican

Commission on Human Rights CODHES Consultoría para los Derechos Humanos y el Desplazamiento CONPES Consejo Nacional de Política Económica y Social CPEM Consejería Presidencial para la Equidad de la Mujer DANE Departamento Administrativo Nacional de Estadísticas ECLAC Economic Commission for Latin America and the Caribbean ELN Ejército de Liberación Nacional (Guerrilla) ENDS Encuesta Nacional De Demografía y Salud FARC Fuerzas Armadas Revolucionarias de Colombia (Guerrilla) FGD Focus Group Discussion GA/GA Gender Analysis and Gender Assessment GBV Gender-Based Violence GDP Gross Domestic Product GEFE Gender Equality and Female Empowerment Policy GEWE Gender Equality and Women’s Empowerment GOC Gobierno de Colombia GRB Gender-Responsive Budgeting GVP Gender and Vulnerable Population HDI Human Development Index ICBF Instituto Colombiano de Bienestar Familiar IDP Internally Displaced Person INCODER Instituto Colombiano de Desarrollo Rural INMLCF Instituto Nacional de Medicina Legal y Ciencias Forenses INSTRAW United Nations Institute for the Advancement of Women IOM International Organization for Migration IP Implementing Partner IPPF International Planned Parenthood Federation IPV Intimate Partner Violence J2SR Journey to Self-Reliance (USAID) KII Key Informant Interview

LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex M&E Monitoring and Evaluation MEL Monitoring, Evaluation and Learning NGO Non-governmental Organization NILMFS National Institute of Legal Medicine and Forensic Sciences OAG Observatorio de Asuntos de Género OEA Organización de los Estados Americanos/Organization of American States OECD Organization for Economic Co-operation and Development

OECDDAC

Development Cooperation Directorate of the Organization for Economic Co-operation and Development

OHCHR Office of the United Nations High Commissioner for Human Rights OIM Organización Internacional para las Migraciones PAD Project Appraisal Document PND Plan Nacional de Desarrollo PNIS Programa Nacional Integral para la Sustitución Voluntaria de Cultivos Ilícitos PROFAMILIA Asociación Probienestar de la Familia Colombiana RAMV Registro Administrativo de Migrantes Venezolanos SENA Servicio Nacional de Aprendizaje SOW Scope of Work SRH Sexual and Reproductive Health STI Sexually Transmitted Infection UN Women United Nations Entity for Gender Equality and the Empowerment of Women UNODC United Nations Office on Drugs and Crime USAID United States Agency for International Development WHO World Health Organization ZIDRES Zonas de Interés de Desarrollo Rural, Económico y Social

ACKNOWLEDGEMENTS

The Team expresses its sincere gratitude to the many individuals who provided technical input and advice during the development of the USAID/Colombia CDCS Gender Analysis and Assessment. The study was a significant undertaking, and its completion would not have been possible without all those who graciously shared their time, insights, and recommendations.

The Team wishes to thank the Directors, AORs and CORs, and other staff from the different USAID/Colombia Offices for their valuable input into the report. The Team also appreciates the support and points of view shared by the Focal Points from the Mission´s Gender and Social Inclusion Working Group (GSIWG), and for accompanying the team during field visits to Medellín, Caucasia, Barranquilla, and Cartagena. We especially appreciated the support and guidance of the USAID/Colombia Senior Inclusive Development Advisor, Hillery Midkiff.

Our sincere thanks for the time and dedication of numerous USAID/Colombia implementing partners, their COPs, gender advisors, and other field staff, who participated in the interviews and shared their experiences and recommendations.

Moreover, the Team highly appreciates the insights from numerous members from the civil society, advocacy groups, indigenous and Afro-Colombian groups, governmental organizations, local government, and academia, and from the international community.

We thank Banyan Global for all of their contributions, especially the technical assistance of Victoria Rames, ADVANTAGE Gender Integration Technical Assistance Task Order Chief of Party, and Yasmine Arsala, Project Coordinator, and Monica Geary.

Last but not least, we would like to thank all the women and men, of all ages, who shared their experiences regarding USAID/Colombia program implementation and results. We owe them this gender analysis and assessment. We hope that it contributes to USAID’s efforts to enhance gender equality, women’s empowerment, and social inclusion in Colombia for the coming years.

EXECUTIVE SUMMARY

In line with the requirements in the USAID Automated Directives System (ADS) 201.3.2.9 and ADS 205, USAID/Colombia hired Banyan Global to undertake a countrywide Gender Analysis and Gender Assessment to inform USAID/Colombia’s 2019-2024 Country Development Cooperation Strategy (CDCS). The Gender Analysis and Assessment focuses on five priority thematic areas for USAID/Colombia:

• Democracy, human rights, governance, including reconciliation and vulnerable populations (including Afro-Colombians, indigenous, victims, and ex-combatants, among others)

• Rural economic development, including value chains, tertiary roads, land tenure

• Natural resources governance and corruption and illegal economies, including criminal activity and environmental crimes in gold mining, coca cultivation, and other extractive industries

• Citizen security: keeping people safe, including human rights defenders, social leaders, environmental defenders, and youth; preventing youth from participating in illegal activities/violence — a new focus theme for the USAID/Colombia mission

• Venezuela and irregular immigration

Both the gender analysis and the assessment recommendations point to linkages with the USAID Journey to Self-Reliance (J2SR) sub-dimensions, and also to the Women Entrepreneurship and Economic Empowerment Act of 2018 (using the tag “WE3”).

From January to April 2016, a four-person research team carried out a literature review, semi-structured interviews, focus group discussions (FGDs), and individual online gender integration surveys of USAID staff and partners. The team also carried out key stakeholder interviews and focus groups with 255 participants (191 females and 64 males). In addition, the team reviewed 15 programs in the mission’s portfolio across the five thematic areas mentioned above and collected relevant primary data in several priority USAID regions: Bogotá, Medellín, Caucasia, Segovia, El Bagre, Tumaco, Villavicencio/Meta, Barranquilla, Cartagena, and San Jacinto/Bolivar.

GENERAL FINDINGS

Democracy, human rights, governance, reconciliation, and access to justice. Quota laws have established requirements for the participation of women, Afro-Colombians and indigenous persons on electoral lists in Colombia. Still, Colombia has one of the lowest rates of women’s participation in politics in Latin America. Women’s participation in social movements has been critical for securing concrete advances in law and policy on multiple gender equality issues, but limited representation of women in government has resulted in a lack of policies that meet their specific needs. The Final Peace Agreement in November 2016 includes stipulations to decentralize government in remote, conflict-affected regions.

Furthermore, the 2018-2022 National Development Plan (NDP) includes a commitment to strengthening government institutions that have specific mandates to address gender equality. This includes supporting gender-sensitive design of public policies at the national and subnational levels. The NDP also promotes reparations for women victims of the armed conflict. Despite this, there is still much room for progress on the implementation of gender-responsive governance.

To support reparations for women victims of the armed-conflict, the GoC has taken several measures:

developed an inter-institutional strategy focused on guaranteeing human rights, created a Victim’s Unit, included reparations in 2018-2022 National Development Plan, and established the Peace with Legality Plan to improve coordination on services to victims of the conflict; and established the Commission on Truth, Coexistence and Non-Repetition (Extra-Judicial Truth Commission) to promote an acknowledgement of responsibility, and reconciliation with respect to the conflict. More is needed, however, to ensure that victims of the conflict actually gain access to reparations that these structures and measures aim to support.

USAID/Colombia programs focusing on democracy, human rights, governance, reconciliation and access to justice account for close to 50 percent of the USAID/Colombia portfolio. They support response services for GBV survivors, the promotion of gender-responsive budgeting, and the strengthening of the capacity of regional governments on decentralized governance, which includes the participation of women, Afro- Colombians and LGBTI organizations.

Rural economic development, value chains, tertiary roads, and land tenure. Massive internal migration out of rural areas due to the conflict in Colombia has resulted in communities collapsing, and diminished access to social capital and productive resources. Despite this, female participation in agriculture and rural development is high: with 5.3 million women living in the Colombian countryside, 36.6 percent of agricultural production is in the hands of women. Rural women are less likely to have documented and registered titles to property, either as individual or joint (marital) property. In response, USAID/Colombia and the Government of Colombia (GoC) have been working together to develop gender-sensitive policies and instruments to improve the living and working conditions of women in the country.

Natural resources governance and corruption and illegal economies. As the primary providers of water, food, and energy at the household and community levels, women in rural settings are often highly dependent on natural resources for their livelihoods; they are therefore particularly susceptible to the effects of conflict on the availability and quality of these resources. Illegal artisanal gold mining and the expansion of coca cultivation continue to be an area of concern, both from the environmental perspective and because of the high vulnerability of the men, women, and youth involved in these activities. Identifying linkages between natural resource management, environment, economic alternatives, and women´s economic empowerment can help foster gender equality in USAID programs in these areas.

Citizen security, keeping people safe. The need to establish a safe environment — for political activists, human rights defenders, legitimate social leaders, environmental defenders, and youth — arises from the absence of effective state institutions, with illegal armed groups trying to fill the power vacuum and exert control over communities. As rural, indigenous, Afro-Colombian, LGBTI, and women’s organizations are becoming more active, especially in matters related to the environment or substitution of illicit crops, violence against their leaders is increasing. Citizen security and keeping people safe is a new thematic area for USAID/Colombia, while the context of violence is directly affecting the implementation of programs and the safety of implementing partners and local organization staff.

Venezuela and irregular immigration. Even though Colombia has put in place procedures and an institutional structure, with a dedicated budget, to provide services to Venezuelan migrants, these were overwhelmed by the large and rapid migration flows — 710,366 people in 2018, and another 36,619 just in January of 2019. Crimes committed against migrants during their journey, as well as within Colombia, in particular against women, indigenous persons, and LGBTI, are often not reported. Even when they try to seek justice, the authorities are often unwilling to register the reports due to their illegal migration status.1 The GoC needs support to strengthen its capacity to address the needs of this population in the short and medium term and to guarantee their rights.

Gender-based violence. There is a high incidence of several forms of gender-based violence (GBV) in Colombia, including intimate partner violence, sexual violence, femicide, trafficking in persons, and economic violence. According to preliminary official figures, in 2018 there were 42.285 reports of intimate partner violence against women, of which 72 percent took place in the private sphere. The number of women murdered in 2018 was 960; 132 were murdered by partners or former partners, showing no

1 Interview with UN Women, March 2019.

significant reduction in the last three years.2 Colombia’s context of armed conflict exacerbates GBV.

According to the National Victim’s Unit, as of March 1, 2019, the total number of victims of the armed conflict was 8,418,405, of which 4,212,278 (50 percent) were women and 3,308 were LGBTI. Sexual violence is considered one of the drivers of forced displacement, affecting not only communities but also women’s rights defenders, especially indigenous or Afro-Colombian women.3 The high incidence of GBV is exacerbated by the very low level of response from the authorities responsible for providing security, judicial remedy, and other response services (health, psychosocial support). USAID/Colombia programs work to support citizen’s access to services, including access to justice and strengthening judicial system services in rural areas, where women face additional barriers such as mobility restrictions and limited access to justice and services for GBV survivors.

Youth. The challenges that youth face are numerous and varying in nature. Young people, especially rural youth from marginalized groups, have limited access to vocational training and higher education. They experience high levels of failure and frustration, with limited job and entrepreneurial opportunities. There is a distinct need to improve young rural women’s access to education, and to incorporate agricultural skills into rural education more generally.

LGBTI. The LGBTI community is largely marginalized and experiences high levels of poverty and unemployment.4 The figures of violence against the LGBTI population are alarming. Although the violence is well known by organizations and movements working on the issue, data are scarce because it has not been an area of concern and there is limited reporting of incidents. Many cases go unreported or, if reported, are misclassified and therefore not processed as gender-based violence related to sexual orientation.

RECOMMENDATIONS

The next USAID/Colombia CDCS and future programs should pay much more attention to gender considerations (GBV prevention and response, women’s time burden, co-responsible masculinity) and the context in which these interventions will take place. While strengthening of public institutions remains relevant, it is also important for USAID to focus on providing further support to existing local civil society organizations (CSOs) and their agendas and sustainability, in view of the absence of governmental institutions in many rural areas, whether due to lack of capacity or for security reasons.

Democracy, human rights, governance, reconciliation, and access to justice

• Provide additional support to broaden GBV referral pathways and to strengthen protection measures: bolster the number of safe houses/shelters for GBV survivors; enhance the judicial system response to cases of GBV in urban and rural areas; and enhance legal and psychological support for GBV survivors. Strengthen inter-institutional coordination on GBV (Comisarías de Familia, prosecutors, judges, etc.) to prevent revictimization of GBV survivors (e.g., through repeated questioning by different institutions) and to coordinate the handling of evidence.

• Support pop-up mobile justice services in rural areas to support armed conflict victims and also to address GBV, intrafamily violence, land titling, and other family matters that disproportionally affect women and LGBTI.

• Support organizations that promote gender-sensitive budgeting at the national and sub-national levels, through regional governance activities ensuring that sufficient public funds are earmarked

2 Interview with UN Women, March 2019.

3 Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Publication based on the Report of the Secretary-General to the Security Council (S/2018/250) issued on April 16, 2018, 2018.

4 Interviews with Arco Iris and Colombia Diversa, March 2019.

for gender equality (see Villavicencio case study).

• Provide additional support to women’s groups and local LGBTI organizations to integrate gender equality into local development plans at the Municipal/Department levels, enhancing access to service delivery through better use of public funds.

• Strengthen CSOs to promote political participation of women: preparing women to proactively participate in politics, in local planning processes, and in demanding accountability on investment plans and public expenditures; and facilitating access to alternative sources of financing earmarked for gender equality. Continue to encourage “peer-to-peer” learning structures so that established organizations serve as models to nascent organizations.

• Promote the development of partnerships with other stakeholders, including the private sector, to create economic and social inclusion opportunities to foster reconciliation, especially in conflict-affected regions.

• Support local authorities, civil society, local peace councils, and other actors to participate in the nationwide Truth Commission and in developing other initiatives linked to reintegration, based on a social vision of reconciliation and reparation.

Rural economic development, value chains, tertiary roads, and land tenure

• Provide enhanced and continued support for alternative economic opportunities in rural areas, paired with support for: rural finance (including financial education); land titling and restitution for women; technical assistance; and rural men’s and women’s access to value chains and markets.

• Support strengthened social inclusion in producers’ organizations. Pair support for alternative economic opportunities in rural areas with USAID support in other priority areas, such as access to justice and access to productive resources — especially critical for victims of conflict and displaced men and women trying to emerge from poverty.

• Build upon progress in programs such as the USAID/Colombia Rural Finance Initiative Program to support alliances among financial institutions such as the Banco Agrario to develop new financial products and services, including lines of credit for rural women and financial education for rural women and men.

Natural resources governance, corruption and illegal economies

• Identify and address linkages between natural resource management and gender equality and women’s economic empowerment, including: 1) men’s and women’s differential use of and access to natural resources; 2) men’s and women’s roles in conservation of biodiversity, including management of water and forest resources; 3) payment for and access to environmental services;

4) income-generating opportunities for men and women in agroforestry; and 5) renewable energy.

• Address artisanal gold mining, which continues to be an area of concern from the environmental perspective as well as because of the high vulnerability of the men, women, and youth involved in this activity. Provide support not only for economic alternatives but also for policy initiatives and the creation of organizations for artisanal miners, promoting training, technical assistance, and organizational strengthening, including gender equality.

• Support indigenous people and Afro-Colombians to gain authority over mineral resources on their lands, which currently serve as a “bank” of resources for exploitation by third parties.5

5 Statement by William Carupia, President of the Indigenous Organization of Antioquia, OIA. En: EL MUNDO.COM.

Minería en territorios indígenas. Luisa Fernanda Toro Arroyave, March 2012.

Citizen security, keeping people safe

• Strengthen government institutions that play key roles in citizen security, including the Victims Protection Unit within the Ministry of the Interior and the Ministry of Justice, among others.

• Support local human rights organizations through the development of security plans and related training, as well as access to encryption software and servers outside of Colombia to safeguard sensitive data. Include training on self-protection for staff in all USAID programs.

• Include training on self-protection for local partner organizations: women’s organizations, cooperatives, indigenous and Afro-Colombian organizations, producers associations, LGBTI, etc.

• Support “Conflict Sensitive Program Management” (CSPM) and promote awareness of impacts of trauma on local staff, beneficiaries, and communities; incorporate strategies to strengthen trauma resilience in RFP/RFAs.

Venezuela and irregular immigration

• Provide urgent support to enhance control at border crossings, where migrants often experience theft, physical violence, sexual violence, and even disappearance. USAID should work with the Colombian government to train border police and to create a monitoring system to curb illegal activity and extortion by border officers. Incorporate activities to strengthen the capacity of border police to combat criminal gangs operating on the border; enhance monitoring for potential cases of trafficking and GBV, and support referrals to specialized GBV service providers.

• Support the Colombian government in implementing its Information System to Document Foreigners to regularize/register the immigration status of Venezuelans in Colombia, with a focus on children, persons with disabilities, women and LBGTI, to allow them to access information, protection, and basic services.

• Enhance the dissemination of information and the delivery of public services to women, children, and LGBTI.6 While USAID has prioritized the Caribbean coast in this regard, it is important to evaluate other areas in need of this work, such as Bogotá and Medellín.

Gender-based violence

• Develop a specific objective for the next CDCS, on reducing the prevalence of GBV and improving attention to victims.

• In support of the first recommendation, define a baseline and targets for the next five years. Some indicators include: 1) Reduced tolerance of GBV (measured through surveys); 2) Reduced numbers of victims (by sex, age, population group, type of violence); 3) Number of GBV victims aided by GBV responses (disaggregated by sex, age, population group, type of violence); and 4) Reduced tangible and intangible economic costs of GBV.

• Increase GBV prevention programming at the community level, including indigenous and Afro- Colombian communities, addressing prevention of violence against girls and boys and the LGBTI community. Work with cultural, communications, and publicity sectors — for example, to develop large-scale campaigns to prevent GBV.

• Integrate GBV in USAID programing from RED and ENV offices, enabling program staff to help recognize and prevent GBV, and refer GBV survivors to specialized services.

6 UN Women. Characterization of the Women from Venezuela in Situation of Prostitution or Sexual Exploitation in the Border Areas of Norte de Santander and Arauca, 2019.

• Support income-generation opportunities, educational opportunities, and skills-building with a focus on survivors of GBV or individuals at risk of abuse, to contribute to their socio-economic rehabilitation and also to prevent retaliatory violence against survivors. Enhance safety and security measures to protect women in rural areas traveling to take advantage of economic opportunities facilitated by USAID programs.

• Undertake behavioral change programming to “denaturalize” violence among GBV, LGBTI, and social leaders; include activities (supported by a budget) to address co-responsible masculinity.

• Create a two-year program employing trained prosecutors and judges to investigate, process, and judge cases related to GBV, to process the backlog of unresolved cases and to improve the 8-percent rate of resolution of current GBV cases.

Youth

• Support access to educational and income-generating opportunities for rural youth, in agriculture and non-agriculture areas, including: 1) further education in rural areas; 2) vocational and skills training, including formal and informal on-the-job training; and 3) the development and financing of business plans. Education, as a new area of activity to consider in the next USAID/Colombia CDCS, would enhance social mobility both for youth remaining in rural areas and for those migrating to the cities.

• Support the design and implementation of specific programs within the Office of Rural Economic Development oriented towards rural youth and their participation in agriculture.

• Address teenage pregnancy, a problem that continues to increase and severely limits development opportunities for young women.

LGBTI

• Support the establishment of a specific section for official response to cases of violence against the LGBTI population. A pilot program, with specialized judges and prosecutors, could be established in areas with a higher level of violence against this population.

• Support LGBTI organizations and movements in strengthening their security measures and self-care, to protect both their members and other beneficiaries of their work.

• Provide technical support to government institutions to reduce discrimination against LGBTI in accessing public services.

• Carry out further studies to highlight the reality of persecution, exclusion, and violence against LGBTI people. Given the scarcity of data, it is important to produce more systematic measures of the crimes being committed against the LGBTI community, so that responses can be improved and progress can be evaluated.

1. INTRODUCTION

1.1 Gender Analysis and Assessment Background and Purpose

In line with the requirements of the USAID Automated Directives System (ADS) 201.3.2.9 and ADS 205, USAID/Colombia hired Banyan Global to undertake a countrywide Gender Analysis and Gender Assessment to inform USAID/Colombia’s 2019-2024 Country Development Cooperation Strategy (CDCS). The CDCS will align with the 2012 USAID Gender Equality and Female Empowerment Policy, the 2016 (updated) U.S. Strategy to Prevent and Respond to Gender-based Violence and the (2019) USAID Policy Framework. The USAID/Colombia Gender Analysis and Assessment aims to provide data to enhance the integration of gender equality and women’s empowerment in USAID/Colombia strategy and programming. The Gender Analysis and Assessment, taking place simultaneously, focus on five priority thematic areas for USAID/Colombia:

• Democracy, human rights, governance, including reconciliation and vulnerable populations (including Afro-Colombians, indigenous, victims, and ex-combatants, among others)

• Rural economic development, including value chains, tertiary roads, land tenure

• Natural resources governance and corruption and illegal economies, including criminal activity and environmental crimes in gold mining, coca cultivation, and other extractive industries

• Citizen security: keeping people safe, including human rights defenders, social leaders, environmental defenders, and youth; preventing youth from participating in illegal activities/violence — a new focus theme for the USAID/Colombia mission

• Venezuela and irregular immigration

The Gender Analysis focused on analyzing advances, constraints, and opportunities on gender equality and women’s empowerment, including a focus on specific vulnerable population groups such as Afro- Colombians, indigenous peoples, youth, migrants, victims of violence, and ex-combatants, among others. It analyzed gender-based violence as a cross-cutting theme across all thematic areas. As required in the ADS 205, the analysis also looked at the five domains: overview of laws, policies, regulations, and institutional practices; cultural norms and beliefs; gender roles, responsibilities, and time use; access to and control over assets and resources; and patterns of power and decision-making in Colombia. The Gender Assessment also identified the extent to which USAID/Colombia has addressed gender advances, gaps, and opportunities in its current strategic planning frameworks and projects/activities. Both the gender analysis and assessment findings and recommendations point to linkages with the USAID Journey to Self-Reliance sub-dimensions (Table 1), and also to areas for the mission to enhance its focus on women’s entrepreneurship and economic empowerment, in line with the Women's Entrepreneurship and Economic Empowerment Act of 2018 (noted using a “WE3” tag).

Table 1 USAID Journey to Self-Reliance

USAID Journey to Self-Reliance Metrics USAID Journey to Self-Reliance

Capacity • Open and Accountable Governance

• Inclusive Development

• Economic Policy

Commitment • Government Capacity

• Civil Society Capacity

• Citizen Capacity

• Capacity of the Economy

The remainder of Section 1 provides an overview of the gender analysis and assessment methodology and research techniques. Section 2 includes key findings and recommendations, by key thematic area and cross-cutting theme. Section 3 provides an overview of gender equality and women’s empowerment in Colombia, by USAID ADS205 domain. Section 4 highlights the findings from the gender integration survey of USAID staff and partners (see below for more information). Annex A includes the SOW for the Gender Analysis and Assessment, and Annex B provides the detailed research methodology. Annex C provides the gender analysis and assessment research matrix. Annex D includes the research question guides, and Annex E includes a detailed review of gender-equality legal, institutional, and policy frameworks in Colombia. Annex F provides a list of key documents consulted, Annex G a list of key stakeholders consulted, and Annex H the results from the gender integration survey of USAID/Colombia staff and implementing partners.

1.2 Gender Analysis and Assessment Methodology and Research Techniques

A research team comprised of two international and two national gender experts carried out the gender analysis and assessment from January to April 2019. The team gathered data on gender equality advances, gaps, and opportunities in Colombia using several tools:

1. A literature review of secondary data, including USAID program documents, GoC and civil society organization reports, and documents from UN agencies and other experts on Colombia.

2. Semi-structured interviews and focus group discussions (FGDs) with USAID staff and partners, including leaders from the GoC, national NGOs, and civil society organizations in Bogota, Medellín, Caucasia, Segovia, El Bagre, Tumaco, Villavicencio/Meta, Barranquilla, Cartagena, and San Jacinto/Bolivar. More detail is provided in Table 2 about the 255 participants (191 females and 64 males) that took part in interviews and/or FGDs.

3. A review of 15 of the mission’s current 46 programs, spanning all of the thematic areas and sectors in the mission’s portfolio, asking (1) whether the ensemble of programs in each thematic area are building upon current gender equality advances and addressing gaps; and (2) what thematic areas still need improvement.

4. An individual online survey of USAID staff and partners on gender integration knowledge, attitudes, and practices.

Table 2 Overview of Research Techniques and Key Stakeholders Consulted

Technique Stakeholders

Semi-structured Interviews (Individual and Group)3

• USAID Mission: 14 (27 participants – 19 female and 8 male) in Reconciliation and Inclusion (RIO), Office of Democracy, Human Rights, Governance (DRG), Office of Rural Economic Development (RED), Office of Environment, Office of Transition Initiatives (OTI), Program Office, and the Office of Acquisitions and Assistance (OAA)

• USAID IPs COP/DCOP/Gender Specialist: 31 (59 participants – 35 female and 24 male)

• Government of Colombia: 8 (9 participants, all female)

• Local government: 8 (14 participants – 13 female and 1 male)

• CSOs and other stakeholders: 14 (24 participants – 15 female and 9 male)

• Donor agencies interviewed: 4 (6 participants: 1 male and 5 female)

TOTAL: 83 Interviews (146 participants — 102 female and 43 male)

Focus Group Discussions • Women’s: 4 (39 participants, all female)

• Mixed: 9 (70 participants: 50 female and 20 male)

TOTAL: 13 Focus groups (109 participants — 89 female and 20 male)

2. KEY FINDINGS AND

RECOMMENDATIONS

2.1 Democracy, Human Rights, Governance, and Reconciliation

2.1.1 Advances, Challenges, Gaps and Opportunities

In recent decades, Colombia has made important strides in the promotion of gender equality and women’s empowerment. The 1991 Political Constitution establishes democracy, human rights, plurality, human dignity, and gender equality as priorities. The country has also ratified all international treaties on human and women's rights, and has made significant progress in the development of national legislation to promote gender equality and to guarantee women's rights. As well, the 2016 Final Agreement of the Peace Accord mainstreams gender equality in 130 of its 578 stipulations. A recent analysis carried out by the Kroc Institute indicates, however, that close follow-up of implementation is still required. Annex E, Table E3 provides an overview of key legislation and policies in this domain.

Gender equality and political participation. Men dominate the exercise of political leadership in Colombia, with women under-represented at most levels of government. Colombia has one of the lowest rates of women’s participation in politics in Latin America due to several factors, including: limited efforts to promote and recognize women’s leadership; stereotypes regarding women’s leadership capacity;

women’s limited access to economic resources; and women’s high domestic work burden. 7 The introduction of a quota law in 2011, which establishes a 30-percent quota for women on electoral lists, has contributed to an increase of women’s participation, although it is still insufficient.8 In 2018, almost half of President Duque’s new cabinet ministers were women. According to UN Women, in 2018, women represented 19.7 percent of parliamentarians, 17 percent of provincial assemblies’ seats, 18 percent of municipal council seats, 12 percent of mayors, and 15 percent of governors. The data indicate that the representation of women at high levels of decision-making in public administration in 2017 was 41 percent.9

The Constitution also established quotas for Afro-Colombian and indigenous communities in Congress:

two seats in the Senate and one seat in the House of Representatives for indigenous communities, and two seats in the House of Representatives for Afro-Colombians. These positions are allocated through a separate ballot.10 The political participation of openly LGBTI leaders has increased, although there are no quotas for their participation. In the 2015 local elections, more than 70 representatives of the LBGTI community participated and four were elected (one as mayor and three to municipal council seats). In the 2018 Congressional elections, there were 14 candidates (including two transsexual women) that were openly LBGTI; two of them were elected.11

Women’s participation in social movements (civil society) has been critical for securing advances in law and policy on multiple gender-equality issues, such as the prevention and punishment of GBV (Law 1257/2008) or guaranteeing the rights of women victims of conflict (Auto 092/2008 – Constitutional Court). Moreover, women-led CSOs have played a critical role advocating for women’s rights and the inclusion and protection of vulnerable populations.

Youth (aged 14 to 28 years) participate largely in youth councils that work in coordination with the Youth Policy Council, the highest decision-making body for youth in the country.12 Candidates’ lists should have a mandated 50 percent participation of women.

Gender equality and governance. The Final Peace Agreement of November 2016 included stipulations to decentralize government in remote, conflict-affected regions. However, there have been challenges to decentralization due to the culture of violence that prevails in many areas (especially those that are remote or rural), related to an increased or strengthened presence of armed groups. The resulting environment of distrust and skepticism contributes to low citizen access to key public services in these remote, conflict-affected regions. A culture of violence and fear also constrains the ability of women and other vulnerable

7 Interviews with key stakeholders in different regions, March 2019.

8 ONU. El Progreso de las Mujeres en Colombia 2018: Transformar la Economía para Realizar los Derechos, 2018.

9 ONU Mujeres. El Progreso de las Mujeres en Colombia 2018: Transformar la Economía para Realizar los Derechos, 2018.

10 Sonneland, H. K. AS-COA Explainer: Colombia’s 2018 Legislative Elections, 2018.

11 El Espectador. Estos son los dos congresistas LGBT elegidos este domingo. March 11, 2018.

12 Law 1622 / 2013, known as the Statute of Youth Citizenship and establishes the institutional framework to ensure the full exercise of young people’s rights, youth public policies and strategies to strengthen the capacity of youth to facilitate their active participation.

populations to advocate for their needs within local (decentralized) governance structures. Furthermore, limited representation of women in government is reflected in a lack of policies or service delivery to meet women’s specific needs.

The 2018-2022 NDP includes a commitment to strengthening the government institutions that have specific mandates to address gender equality. This commitment includes supporting gender-sensitive design of public policies, at both national and subnational levels.13 Nevertheless, there are still large gaps in the implementation of gender-responsive governance at the decentralized level, including:

1. Lack of support to enhance the capacity of local governments to incorporate the needs of women and other vulnerable populations and to have more transparent communication with them

2. Lack of support to strengthen local government capacity in areas such as project planning and financial management, to allocate resources more efficiently and to prioritize actions designed to benefit vulnerable populations

3. Weak citizen participation in demands for more transparency, accountability, and oversight in local government

4. Widespread corruption in electoral processes — rarely prosecuted — and irregular voter registration14

5. Challenges in coordination across state institutions, in the empowerment and full engagement of regional and local authorities, and in the active participation of civil society — all essential to the peace agreement implementation process15

Gender equality and respect for human rights. According to the National Victim’s Unit, as of March 1, 2019, the total number of victims of the armed conflict was 8,418,405, including 4,212,278 (or 50 percent) women and 3,308 LGBTI. According to the Overseas Development Institute, about 50 percent of female victims were girls.16 The National Victims’ Unit reported 27,360 registered victims of conflict-related sexual violence. Sexual violence is considered one of the drivers of forced displacement, affecting not only communities generally but also women’s rights defenders, especially indigenous or Afro-Colombian women.17 Between 60 and 70 percent of Colombian women have experienced violence, whether physical, psychological, sexual or political. Most vulnerable to GBV are indigenous, Afro-Colombian, and displaced women. It is also estimated that up to 90 percent of cases of sexual violence go unreported.18 Human rights defenders, journalists, indigenous and Afro-Colombian leaders, and other community activists also face death threats and violence, mostly from guerrillas and their successor groups.19

The lack of reparations (including judicial redress) in cases of conflict-related violence against women is a major challenge. Also lacking are measures to provide economic opportunities to women victims of conflict, or policies to prevent such violence and to protect the rights of women victims of armed conflict (CONPES 3784).20 The land restitution law (Decree 1448 of 2012) was enacted to restore millions of hectares of land that was abandoned by, or stolen from, internally displaced Colombians during the years of conflict (a

13 Departamento Nacional de Planeación - DNP. Bases del Plan Nacional de Desarrollo, 2018.

14 Management Systems International. Regional Governance Activity. Gender and Vulnerable Populations Integration Strategy, 2015.

15 United Nations Verification Mission in Colombia. Report of the Secretary General (S/2018/1159). Issued on December 16, 2018.

16 ODI Development Progress. Case Study Report: Women´s Empowerment and Political Voice, 2015.

17 Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Publication based on the Report of the Secretary-General to the Security Council (S/2018/250) issued on April 16, 2018, 2018.

18 ODI Development Progress. Case Study Report: Women´s Empowerment and Political Voice, 2015.

19 Human Rights Watch. World Report, 2018.

20 Interview with Consejería Presidencial para los Derechos Humanos, March, 2018.

form of reparations), but implementation is again a major challenge. As of August 2017, the courts had issued rulings in just 5,400 cases among the total 106,000 claims received.21 The difficulties experienced by women with regard to land restitution are addressed in greater detail in Section 2.2.

In 2017, with the support of the Presidential Office on Human Rights (Consejeria Presidencial para los Derechos Humanos), an inter-institutional strategy was implemented to guarantee human rights and improve access to justice, especially for women victims of armed conflict. The strategy focused on providing access to justice, strengthening social organization and local authorities, and following up on individual cases. In addition, the creation of the Victim’s Unit (La Unidad para la Atención y Reparación Integral a las Víctimas de Colombia) was designed to provide psychosocial services and other support to victims of conflict-related violence, as well as information about administrative processes to obtain reparations.

The 2018-2022 National Development Plan also includes specific goals under the Pact for the Equality of Women: improved response for women victims of armed conflict, focusing on psychosocial attention; and a specific gender focus both in stabilizing the territories — recognizing rural women as a pillar for rural development — and in re-integrating female former combatants.

To address these and other weaknesses in providing reparations to victims of conflict, GoC also unveiled the “Peace with Legality Plan” in December 2018, a 15-year plan that aims to improve coordination of multiple initiatives, ranging from rural development and reintegration to government commitments to victims. It is critical to translate this plan into effective action as soon as possible. The GoC in 2018 also inaugurated the Commission on Truth, Coexistence and Non-Repetition (Extrajudicial Truth Commission) with a mandate to promote the understanding of events that took place during the conflict, along with an acknowledgement of responsibility and reconciliation; it is expected that reconciliation efforts will enter a new phase with the nationwide deployment of this Commission.

At the same time, in April 2018 the United Nations office in Colombia received a report from hundreds of organizations claiming that the government has not been able to reduce “serious and systematic” human rights violations. The organizations asserted that the Colombian state was failing to adhere to recommendations made in the last (2013) UN Human Rights Council Universal Periodic Review, calling for it to address: 1) ongoing violence carried out by paramilitary and guerrilla groups; 2) mass killing of social leaders; 3) forced displacement of people; 4) violations of children’s rights; 5) violent discrimination against ethnic groups; and 6) police brutality in dealing with public protest. The report also claimed that the National Liberation Army (ELN) was continuing (as of 2017) to commit serious abuses against civilians, including, for example, assassinations, forced displacement, and child recruitment in the province of Chocó.

2.1.2 Integration of Gender Equality and Vulnerable Populations in USAID Planning and Program Cycle and Implementation of Programs

The USAID/Colombia portfolio has multiple programs in its DRG, RIO, and PRO offices that focus on democracy, human rights, governance, reconciliation, and access to justice. These programs account for close to 50 percent of the USAID/Colombia portfolio.