Country Gender Profile: Tanzania Final Report - JICA

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Country Gender Profile: TanzaniaFinal ReportMarch 2016Japan International Cooperation Agency (JICA)Japan Development Service Co., Ltd. (JDS)EIJR16-096

Japan International Cooperation Agency (JICA) commissioned Japan Development Service Co., Ltd.to carry out a research for Country Gender Profile in Tanzania from October 2015 to March 2016.This report was prepared based on the desk review and the field research in Tanzania during thisperiod as a reference for JICA for its implementation of development assistance in Tanzania. Theviews and analysis contained in the publication therefore do not necessarily reflect JICA’s views.

LIST OF ABBREVIATIONS AND ASIDOSOSPAEnglishAntenatal CareAfrican UnionBusiness Registration and Licensing AgencyChama Cha MapinduziConvention on the Elimination of all forms of Discrimination Against WomenConvention of the Rights of the ChildCommunity Owned Water Supply OrganizationCustomary Law Declaration OrderDenmark International Development AgencyDepartment for International DevelopmentDiphtheria, Pertussis, TetanusEast Africa CommunityThe Federation of Women’s Association of EntrepreneursFemale Genital MutilationFoundation for International Community AssistanceGender-related Development IndexGross Domestic ProductGender Focal PointGender Mainstreaming Working GroupGross National IncomeHuman Development IndexHuman Development ReportHuman-Immunodeficiency Virus/ Acquired Immuno-Deficiency SyndromeHealth Sector Strategic PlanIntegrated Industrial Development Strategy and Master PlanLesbian, gay, bisexual, and transgenderMinistry of Community Development, Gender and ChildrenMinistry of Health, Community Development, Gender, Seniors, and ChildrenMinistry of Health and Social WelfareMinistry of Industry and TradeMicro, Small, Medium EnterpriseNational Gender Development StrategyNational Water PolicyNational Water Sector Development StrategyPolice Gender and Children’s DeskProject Design MatrixRegional Referral HospitalRegional Referral Hospital Management TeamSolution AllianceSaving and Credit CooperativesSouthern African Development CommunitySwedish International Development Cooperation AgencySmall Industries Development OrganizationSexual Offences Special Provision Acti

EDPWGDSWPCBTWUEEnglishTanzania Food Processors AssociationThe Tanzania Women Miners AssociationTanzania Chamber of Commerce, Industry and TradeTanzania Demographic Health SurveyTanzania Gender Networking GroupThe Tanzania Gender in Education InitiativeTotal Quality ManagementThe Tanzania Women’s Chamber of CommerceTanzania Women’s BankUniversity of Dar Es SalaamUnited Nations Development ProgramUnited Nations Population FundUnited Nations Children’s FundUnited Nations Industrial Development OrganizationUnited States Agency for International DevelopmentVillage Community BankWorld Development IndexWomen Entrepreneurship Development ProgramWomen and Gender Development PolicyWomen’s Platform for Cross Border TradeWater Users Entityii

DEFINITION OF TERMS AND INDICATORSExplanation of TermsTermEmpowermentExplanationEmpowerment is about people taking control over their lives,pursuing their own goals, living according to their own values,developing self-reliance, and being able to make choices andinfluence - both individually and collectively - the decisions thataffect their lives.Customary LawCustoms including actions that are taken repetitively among certaingroup of people, of which considered effective as a law.Quota systemSeat allocation system in the political system.GenderRather than biological gender (sex), this refers to gender in the socialand cultural sense.Gender based violence (GBV) Violence based on sex and gender. It refers to physical, sexual,psychological harm and pain, as well as threat to do so, and force orarbitrary actions that lead to deprivation of one’s freedom, or that haspotential to for violence.Domestic physical, sexual, psychological violence; sexual abusewithin the household; violence regarding dowry; marital rape; femalegenital mutilation and other harmful traditional customs for women;non-marital violence and violence leading to exploitation; physical,sexual, and psychological violence in general society; sexualharassment, female human trafficking and forced prostitutions.Gender MainstreamingMeans for achieving gender equality in all fieldsGender Focal Point (GFP)A staff member who is a point of contact for the organizationregarding gender. S/he has the responsibility to coordinate genderrelated issues, promote gender mainstreaming, and supportimplementation and monitor within the organization.National MachineryThe national machinery for the advancement of women is the centralpolicy-coordinating unit inside government. Its main task is tosupport government-wide mainstreaming of a gender-equalityperspective in all policy areas.Reproductive HealthReproductive health is a state of complete physical, mental and socialwell-being and not merely the absence of illness or disability, in allaspects relating to the reproductive system and to its functions andprocesses. Reproductive health therefore implies that people are ableto have a satisfying and safe sex life and that they have the capabilityto reproduce and the freedom to decide if, when and how often to doso. Implicit in this last condition are the rights of men and women tobe informed and to have access to safe, effective, affordable andacceptable methods of contraception.FGMRemove or harm female genital not due to medical reasons butcustomary reasons.iii

IndicatorsIndicatorOral Rehydration TherapyTotal Fertility RateUnder-5 Mortality RateGender EmpowermentMeasurementGender Development IndexGender Inequality IndexGini IndexNet Enrollment RateGross Enrollment RatioHuman Development Index(HDI)Infant Mortality RateMaternal Mortality RatioExplanationAn approach to treating dehydration caused by diarrhea throughorally administering fluids. This method can be easily implementedby anyone without medical know-how.The total age-separate fertility rate of women aged between 15 49.This is the average number of children that a woman gives birth to inher lifetime.Probability of a child dying before reaching the age of five, this isshown as the number of mortalities per 1,000 births.Focusing on opportunities for women rather than their potentialability, this is calculated from three variables, i.e. proportion of seatsheld by women in national parliaments, percentage of women inmanagerial positions, specialist occupations, and technicaloccupations, and earned incomes of males vs. females.This indicator is calculated by applying penalties to gender disparitiesin the same three areas targeted by the HDI (health, education,standard of living).This indicator expresses gender disparities in the three areas ofreproductive health, empowerment, and employment opportunities.An indicator of income disparity, this is zero when the incomes ofeverybody in society are zero, and 1 when income is concentrated inone person. Income disparities are smaller as the Gini index becomeslower.The total number of children or students who enroll in school in atheoretical cohort pertaining to a certain stage of education, this isexpressed as the ratio of that age cohort compared to the generalpopulation.The total number of children or students who enroll in school in acertain stage of education irrespective of age, this is expressed as theratio in relation to the official school age population that correspondsto the same stage of education.Calculated based on average life expectancy, adult literacy, schoolattendance rate at all levels of education, and per capita real GDP(purchasing power parity), HDI is utilized as an indicator of thenational mean of basic human capacity, i.e. how far people live longand healthy lives, receive education and have knowledge, and attainadequate standard of living.Infant mortality rate is the probability of a child born in a specificyear or period dying before reaching the age of one. It is shown asrate per 1000 live births.This is the annual number of female deaths from any cause related topregnancy or childbirth or within 42 days of completion ofpregnancy, for a specified year. It is shown as the number of deathsper 100,000 live births. This is one of the indicators for measuringattainment of MDG5.iv

MAP OF TANZANIASource: n.htmv

TABLE OF CONTENTSList of Abbreviations and Acronyms . iDefinition of Terms and Indicators. iiiMap of Tanzania . vTable of Contents. vi1.Basic Profiles. 11.1 Socio-Economic Profile . 11.2 Education Profile . 21.3 Health Profile . 31.4 Millennium Development Goals . 41.5 National Commitment to Gender Issues (Political Participation, Conventions, and Laws) . 52.General Situation of Women and the Government Policies on Gender in Tanzania . 72.1 General Situation of Women in Tanzania . 72.2 Government Policies and Laws in Tanzania . 152.3 National Machinery and Other Gender Mechanisms . 193.Current Situation of Gender by Sector . 223.1 Health Sector. 223.2 Water Resource Management Sector . 253.3 Private Sector Sector . 284.Gender Mainstreaming in JICA’s Development Assitance and its Lessons Learned . 324.1 Industrial Cluster Development . 334.2 The Project of Rural Water Supply in Tabora Region. 374.3 Project for Strengthening Hospital Management of Regional Referral Hospitals . 404.4 Case Study on Gender Mainstreaming in the ‘Project for Supporting Rice IndustryDevelopment in Tanzania’ (So-called TANRICE 2) . 435.List of Gender-related Areas of Assistance by International Agenciesand Other Organizations . 466.Challenges and Considerations for Gender Mainstreaming in Development Assistancefor Tanzania . 486.1 Gender Approach responsive to localities and ethnic customs . 486.2 Gender Mainstreaming in JICA’s Development Assistance for Tanzania. 497.Gender Information Sources . 518.References . 529.Annex. 55vi

1.1.1Basic ProfilesSocio-Economic tureby Sector***SectorialShare of GDP***LaborIndicatorsPopulationRural PopulationReferenceTotal% of Female Population% of Rural Population51,822,62150.3%69.1% 5 41,522,00450.4%73.9% 5 Households by heads of householdsAnnual PopulationReferenceGrowth Rate% of Male Households% of Female Households75.5%24.3%3.2% 5 (2012)(2012)75.5%24.5%3.1% 5 (2005)(2005)YearGNI percapitaGDPGrowthRateInflationrate2015 9207%4.7%2007 4Year20142007***Employmentby EconomicActivityNumber in shows reference in ‘Sources for Basic Profiles’ at the end of this section.Human DevelopmentGender DevelopmentReference*Indicator (HDI)Indicator (GDI)ValueRankValueRank0.5211510.938Group 3* 1 0.4671590.464138 2 Gender InequalityReferenceGender EmpowermentIndex (GII)Measurement (GEM)ValueRankN/A0.547125 1 N/AN/AN/A 2 GiniIndex**ODA received(against GDP)37.6(2011)40.37.8%(2013)13.3%ReferenceN/A 5 N/A 5 Employment and Welfare AgricultureManufacturing25%21.7%Labor ForceParticipation Rate(Age nst GDP)N/AN/AN/AN/AService43.5%49.5%Unemployment (2009)Reference 5 5 Reference 5 5 Minimum wageReferenceN/AN/A 5 5 emaleMaleFemale 5 201364%70%9.6%3.2%26.4%27% 5 200671.2%78%7.3%2.8%21.5%19.2% 5 * Countries are divided into five groups by absolute deviation from gender parity in HDI values. Group1 has highervalue for gender equality.** In the World Development Indicator of the World Bank, ‘1’ shows the least income gaps and ‘100’ shows the highestincome gaps.GlobalOverall in 2015 (Rank/Out of the total number of countries)49/145Gender GapEconomic Participation and OpportunityRank in 2015ReferenceIndicatorOverall49 7 Ratio: female labor force participation over male value5 7 Wage equality between women and men for similar work65 7 Ratio: estimated female earned income over male value (PPP USD)10 7 Legislators, senior officials and managers104 7 Professional and technical workers104 7 Year1

1.2Education ProfileEducation System***Adult LiteracyRate***Primary EducationNumber in shows reference in ‘Sources for Basic Profiles’ at the end of this section.Education system in Tanzania is comprised of primary education (7years), secondaryeducation (6 years- O Level 4 years and A level for 2 years), Technical and VocationalEducation and Tertiary cal andVocationalEducation***Tertiary EducationYear20122009Year20112005***Global GenderGap IndicatorsOverall79%69%Male84%78%Female74%62%Gross Enrolment 0%109%Completion RateMaleFemale72%80%85%82%Gross Enrolment Ratio 5 OverallMaleFemale33%34%32%32%34%28%Completion Rate(Lower Secondary)OverallMaleFemale36%39%33%9%10%8%% of Female ofthe Total enrollment46.8%46.6%Reference 5 5 Net Enrolment )(2006)Reference 5 5 Reference 5 5 Net Enrolment Rate 11 OverallMaleFemale29%30%37%N/AN/AN/AReference 5 11 5 Reference 5 5 Reference 10 10 Gross Enrolment ence 5 5 EducationOverallRatio: female literacy rate over male valueRatio: female net primary level enrolment over male valueRatio: female net secondary level enrolment over male valueRatio: female gross tertiary level enrolment over male value2Rank in 2015126/1451151N/A130Reference 7 7 7 7 7

1.3Health ProfileLife Expectancy atBirth (Age)***Health WorkforceYear20132007Number in shows reference in ‘Sources for Basic Profiles’ at the end of this section.MaleFemaleReference63.965.7 5 57.458.8 5 31999-2005Year20132007***Infant and UnderFive-year-oldMortality Rate(per 1000)Year20132005Year20132005***Immunization Rate(1-year-olds)Reference 3 4 Infant Mortality Rate (per 00)Under five-year-old Mortality Rate (per 9%93%Hep B91%90%YearUnderweightfor Age eference 5 5 BCGN/AN/AReference 3 4 Stunted forAge cyOralre-hydrationtherapy use rateReferenceN/AN/A 3 N/AN/A 4 YearAccess to Safe Water201555.6%Access to ImprovedSanitation Facilities15.6%200754.9%11.8%Year20122007***Global GenderGap IndicatorsNurse to PopulationRatio (per 10,000)443ContraceptiveRate ofMaternalTotal FertilityPrevalence Rate Antenatal Visit ReferenceMortality RateRate(Age 15-46)(At least once)410/100,0005.234.4%88% 3 5 (2013) 3 (2013) 5 (2011) 5 (2007-2013)770/100,0004.826.4%96% 3 4 5 (2000) 3 (2005) 5 (2005/06) 5 (1999) 4 Births attendedAdolescentby skilledAge at first(Age 15-19)Referencehealthmarriagefertility ratepersonnel(per 1000)49%N/A119 5 (2010)43%N/A130 5 s to Safe Waterand ImprovedSanitation Facilities(% against totalpopulation)***HIV/AIDSDoctor to PopulationRatio (per 10,000)0.30.2HIV Prevalence amongpregnant womenattending ANC clinicsN/AN/APrevalence of HIV among adultsaged 15 to 49 (%)OverallMaleFemale5.3%3.9%6.2%6.6%N/AN/AHealth and SurvivalOverallSex Ratio at BirthRatio: female healthy life expectancy over male value3Rank in 201555/145169Reference 5 5 Reference 12 5 Reference 7 7 7

1.4Millennium Development Goals 8 Number in shows reference in ‘Sources for Basic Profiles’ at the end of this section.Goal 1: Eradicate extreme poverty and hunger19902010-14Target 1.A:1.1 Proportion of population below 1.25 (PPP) per day28.2%39%Halve, between 1990 and 2015, the(2012)proportion of people whose income is 1.2 Poverty gap ratio9.721.6less than one dollar a day(2012)1.3 Share of poorest quintile in national consumptionN/AN/ATarget 1.B:1.4 Growth rate of GDP per person employedN/AN/AAchievefullandproductive 1.5 Employment-to-population ratioN/AN/Aemployment and decent work for all, 1.6 Proportion of employed people living below 1.25N/AN/Aincluding women and young people(PPP) per day1.7 Proportion of own-account and contributing familyN/AN/Aworkers in total employmentTarget 1.C:1.8 Prevalence of underweight children under-five years28.8%16%Halve, between 1990 and 2015, theof ageproportion of people who suffer from 1.9 Proportion of population below minimum level ofN/AN/Ahungerdietary energy consumptionGoal 2: Achieve universal primary education1990-20102012-13Target 2.A:2.1 Net enrolment ratio in primary education89.7%54.2%Ensure that, by 2015, children(2013)everywhere, boys and girls alike, will be 2.2 Proportion of pupils starting grade 1 who reach last85%87.2%able to complete a full course of primarygrade of primary(2010)(2013)schooling2.3 Literacy rate of 15-24 year-olds, women and men78 %86 % 5 (2002)(2012)Goal 3: Promote gender equality and empower women1990-20102010-13Target 3.A:3.1 a. Ratio of girls to boys in primary education98102Eliminate gender disparity in primary(2010)(2013)and secondary education, preferably by 3.1 b. Ratio of girls to boys in secondary education981052005, and in all levels of education no(2010)(2013)later than 20153.1 c. Ratio of girls to boys in tertiary education2230(2006)(2012)3.2 Share of women in wage employment in theN/AN/Anon-agricultural sector3.3 Proportion of seats held by women in national23%36%parliamentGoal 4: Reduce child mortality19902010-12Target 4.A:4.1 Under-five mortality rate (Per1000 live birth)81191Reduce by two-thirds, between 1990 and(2010)2015, the under-five mortality rate4.2 Infant mortality rate (0-1 year, per 1000 live birth)45115(2012)4.3 Proportion of 1 year-old children immunised against95%81.2%measles(2011)Goal 5: Improve maternal health1990-20072007-13Target 5.A:5.1 Maternal mortality ratio (per 100,000 live births)432529Reduce by three quarters, between 1990(2012)and 2015, the maternal mortality ratio5.2 Proportion of births attended by skilled health50.5%43.9%personnel (15-49 yrs.)(2010)Target 5.B:5.3 Contraceptive prevalence rate26.434.4Achieve, by 2015, universal access to(2004/05)(2011)reproductive health5.4 Adolescent birth rate130119(2007)(2013)5.5 Antenatal care coverage (at least one visit)88%96 %(2007-13)5.6 Unmet need for family planning22.3N/A(2010)Goal 6: Combat HIV/AIDS, malaria and other diseases (Only most relevant targets and19902010-14indicators have been extracted)Target 6.A:6.1 HIV prevalence among population aged 15-24 years2%6%Have halted by 2015 and begun to(Data is for 15-49 years old)(2012)reverse the spread of HIV/AIDS6.2 Condom use at last high-risk sexN/AN/A6.3 Proportion of population aged 15-24 years with48.2%N/Acomprehensive correct knowledge of HIV/AIDS(2010) 6 6.4 Ratio of school attendance of orphans to schoolN/AN/Aattendance of non-orphans aged 10-14 yearsGoal 7: Ensure environmental sustainability (Only most relevant targets and indicators have19902012been extracted)Target 7.C:7.8 Proportion of population using an improved drinking51%47%Halve, by 2015, the proportion of peoplewater source(rural)(rural) (2012)without sustainable access to safe 7.9 Proportion of population using an improved68%89%drinking water and basic sanitationsanitation facility(urban)(urban)Note: Above information is based on Tanzanian MDG Report in 2014. The source and data are therefore different from the BasicIndicators and there might be some gaps in the information. When information is not available from the MDG Report, datarefers to other sources (See the reference number).4

1.5National Commitment to Gender Issues (Political Participation, Conventions, andLaws)Number in shows reference in ‘Sources for Basic Profiles’ at the end of this section.1.5.1 Women in Decision Making PositionsYearParliamentGovernmentPrivate SectorReferenceMember ntMinister201336%31%22%N/AN/AN/A 10 30%2007/0822%27%N/AN/AN/A 10 (2005)***1.5.2 Signature and Ratification to Gender-related Treaty/ Convention/DeclarationSignature Ratification Treaty/Convention/Declaration1985Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)1991Convention of the Rights of the Child (CRC)1997SADC Gender Declaration1995Beijing Declaration and Platform for Action2004The Declaration of Gender in Africa2008SADC protocol about Gender and Development***1.5.3 Legislation for Gender Equality and Protection of WomenYearLawsReference1988Sexual Offences Special Provision Act 1988-SOSPA1999Land Act No.4 and 5 of 1999, Village Land Act No.5***1.5.4 National Policy on GenderYearPolicy2000Women and Gender Development Policy: WGDP2005National Gender Development Strategy***1.5.5 National MachineryYearName of the OrganizationMinistry of Community Development, Women’s Affairs and Children was established in 1990 andchanged to Ministry of Community Development, Gender and Children in 2000. With the change of1990the Government in November 2015, the Ministry has been merged as the Ministry of Health,Community Development, Gender, Seniors, and Children (MHCDGSC).***1.5.6 Global Gender Gap IndicatorsPolitical EmpowermentRank in 2015ReferenceOverall32/145 7 Ratio: females with seats in parliament over male value25 7 Ratio: females at ministerial level over male value22 7 Ratio: number of years of a female head of state or government (last 50 years)64 7 over male value5

Sources for Basic Profiles: 1 Human Development Report 2015 2 Human Development Index 2007/08 3 World Health Statistics 2015 4 World Health Statistics 2007 5 World Development Indicators (http://data.worldbank.org/indicator/) 6 Tanzania Demographic Health Survey 2010 7 The Global Gender Gap Report 2015 8 Country Report on Millennium Development Goals 2014 9 ‘Children and Women in Tanzania, Volume 1: Mainland’ 10 Country Report on the Review and Progress Made and Challenges Encountered inImplementation of the Beijing Declaration and Platform of Action and Outcomes of the TwentyThird Special Session of the General Assembly- Beijing 20. 11 Prime Minister’s Office, Regional Administration and Local Government, URT, Pre-Primary,Primary, and Secondary Education Statistics, 2013 12 Ministry of Health and Social Welfare, URT, ‘Health Sector Strategic Plan July 2015- June2020’, 2015.6

2.General Situation of Women and the Government Policies on Gender in Tanzania2.1General Situation of Women in Tanzania 2.1.1: Socio-economic situation in Tanzania 1,2,3 Basic information The country of Tanzania (hereafter ‘Tanzania’) is an united republic in East Africa with theterritorial size of 9,450,000 and the population of 49,250,000. While having a mosaic of some130 ethinic- and religious groups, Tanzania is known for its established ethnic integration policyas well as for the stability of internal politics, which kept the country away from major turmoilsince the independence from the United Kingdom (UK) in 1961. The current united republicanpolitical system was adopted in 1964, when the Republic of Tanganyika in the mainland Africa,and the island state of the Republic of Zanzibar in the Indian Ocean who gained the independencefrom the UK in 1963, together formed a nation. To note, the Republic of Zanzibar maintains anautonomous revolutionary government parallel to its membership in Tanzania’s united republicangovernment. Zanzibar is represented by its own president and governed by own laws, legislationand administrative authorities. Because the legislations and the context applied in Zanzibar aredifferent from those in the mainland, this report deals with the information pertaining only to theUnited Republic as a whole or to the mainland.The President of the United Republic, Mr. John Magufuli of the Chama Cha Mapinduzi Party(CCM), assumed office after successful presidential election in October 2015. As part of thepolicies of the new president to slash unnecessary spending and increase efficiency, the newadministration announced in December 2015 is composed of 19 government ministries, which 11ministries less compared with the previous government. External policies For the external politics Tanzania has focused on securing regional peace and stability, as shownin its efforts to stabilize the countries in the Great Lake Region such as the Democratic Republicsof Congo and Burundi. The country has also contributed to the regional integration andcooperation as a member of Southern African Development Community (SADC). Economics Since 2000 Tanzania has maintained economic growth of about 6 to 7.8% per year, supported bythe expansion of the mine- and manufacture export, tourism, and port harbor services. The GrossNational Income (GNI) rose from US 300 in 2000 to US 510 in 2007, and tripled to US 920 in123Japan International Cooperation Agency (JICA) (a)JICA (b)JICA (c)7

2013. The inflow of direct investment to Tanzania is three times larger than the neighboringKenya and 1.5 times more than Uganda. Against the backdrop of this striking economic growthand under the guidance of its long-term development policy ‘Vision 2025’, Tanzania commitsitself to joining the rank of middle-income countries by 2025. Contrary to this backdrop,however, one can hardly conclude that all the population in Tanzania equally shared the fruits ofthe growth, resulting in some views that the disparity measured with Gini index has widenedrather than narrowed 4. Up to 70% of the population is engaged in agriculture, where 81% ofwomen and 74% of men do so for the purpose of home consumption 5. 2.1.2: Overview of the Situation of Women in Tanzania Government policies The constitution of Tanzania promulgated in 1977, and the amendments that followed, bothforbid discrimination based on gender. The country also ratifies key international- and regionalhuman rights documents, including the Convention on the Elimination of all forms ofDiscrimination Against Women (CEDAW) and the SADC Protocol on Gender and Development.At the domestic policy level there is the ‘Vision 2025’ that recognizes the importance of genderequality and the empowerment of women, and the National Strategy for Poverty Reduction 1 and2 – so-called ‘MKUKUTA 6’ 1 and 2– that highlights gender mainstreaming and describesspecific strategies on related education and on Gender-based Violence (GBV). Anothercommitment of the Government of Tanzania is the support for the wider participation of womenin the government decision-making, through the formulation of Women and GenderDevelopment Policy (WGDP) and the re-enforcement of the quota system for femalerepresentatives at the national parliamentarians and local councils. The impact of contradictory laws and the male-dominant norms on Women Contrary to the government’s commitment to gender equality many articles and clause inTanzania’s constitution and laws remain inconsistent with the CEDAW, or are discriminatoryagainst women. The discr

Gender Rather than biological gender (sex), this refers to gender in the social and cultural sense. Gender based violence (GBV) Violence based on sex and gender. It refers to physical, sexual, psychological harm and pain, as well as threat to do so, and force or arbitrary actions that lead to deprivation of one's freedom, or that has

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