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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
INTERNATIONAL AID (PROMOTING GENDER EQUALITY)
BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Rhiannon)
International Aid (Promoting Gender Equality) Bill 2015
Outline
Purpose of Bill
The International Aid (Promoting Gender Equality) Bill 2015 directs Commonwealth
aid officials to consider the impact of any official development or humanitarian
assistance in reducing gender inequality.
The Bill is a standalone bill that does not relate to, or impact on, any existing
legislation.
The importance of incorporating regard for gender equality into decisions about
official development and humanitarian assistance is apparent from Millennium
Development Goal 3: to `promote gender equality and empower women' and is also
highlighted in the proposed Sustainable Development Goals where Goal 5 is stated as
`achieve gender equality and empower all women and girls'.
The legislation recognises the need for a particular assessment of how official
development and humanitarian assistance operates to promote gender equality, as the
assumption that simply increasing economic activity fails to recognise the specific
historical and cultural bases for gender inequality. In some cases, projects with a
simple aim of increasing economic activity may indeed exacerbate these problems.
An equivalent bill entitled the International Development (Gender Equality) Act
2014, was initiated by conservative Member for Parliament Mr. William Cash and
was passed by the UK government with bipartisan support.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 - Short title
This clause provides for the Bill, when enacted, to be cited as the International Aid
(Promoting Gender Equality) Act 2015.
Clause 2 - Commencement
This clause provides for the Bill to commence on the day after it receives the Royal
Assent.
Clause 3 - Definitions
This clause gives definition to the terms used in the Bill, being `Commonwealth aid
official', `Minister for Foreign Affairs', `humanitarian assistance', and `official
development assistance'.
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Part 2 - Promoting gender equality
Clause 4 - Duty to have regard to gender equality
Subsection (1) directs all Commonwealth aid officials, as defined in Clause 3, when
making decisions about providing official development assistance, to consider the
impact of any assistance on gender equality.
Subsection (2) directs all Commonwealth aid officials, as defined in Clause 3, when
making decisions about providing humanitarian assistance, to consider the impact of
any assistance on gender equality.
Clause 5 - Reporting on the use of international aid to promote gender equality
Subsection (1) requires the Minister to report in relation to each financial year to both
Houses of Parliament on how the Commonwealth has used international aid to
promote gender equality.
Subsection (2) requires the Minister to submit this report within 15 sitting days of the
completion of the financial year.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
International Aid (Promoting Gender Equality) Bill 2015
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The International Aid (Promoting Gender Equality) Bill 2015 directs that any use of
official development or humanitarian assistance must be carried out with regard to
supporting gender equality.
Human rights implications
This Bill engages the full content of the Convention on the Elimination of All Forms
of Discrimination Against Women.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Greens Senator Lee Rhiannon
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