REPORT OF THE SOLIDARITY FOR AFRICAN WOMEN’S RIGHT (SOAWR)
PUBLIC FORUM IN COLLABORATION WITH INTER-AFRICAN COMMITTEE ON TRADITIONAL PRACTICES AFFECTING THE HEALTH OF WOMEN AND CHILDREN

HELD ON 25 JANUARY 2007,

IN CAUCUS ROOM 4, UNITED NATIONS CONFERENCE CENTER, (UNCC)

ADDIS ABABA ETHIOPIA

INTRODUCTION

The Solidarity for African Women’s Right (SOAWR) Public forum in collaboration with the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children (IAC) was held on 25 January 2007 in Conference Room 4 of the United Nations Conference Centre (UNCC), Addis Ababa, Ethiopia. The public forum tagged: “Breathing life into the African Union’s Protocol on the Rights of Women and launching of Fahumu/SOAWR book titled: Grace, Tenacity and Eloquence: The Struggle for Womens’ Rights in Africa had the following objectives: 1) To popularise the protocol on the rights of women in Africa 2) Discuss some of the provisions of the protocol in the context of Ethiopia 3) To provide space for interaction with the participants to contribute ideas and actionable recommendations towards the struggle for Women’s Rights in Africa and Ethiopia in particular 4) Launch “Grace, Tenacity and Eloquence: The struggle for Women’s Rights in Africa. Representatives of UN agencies, non-governmental organizations, members of the public and the press attended the forum.

OPENING CEREMONY
The Forum started at 9.00 a.m with the registration of the participants. At exactly 10.10 a.m, it was declared open by the Chairperson, Mrs Diariatou Korouma, Programme Officer, IAC. She called for a self-introduction by the participants after which she gave her welcome remarks. She chronicled the activities carried out by IAC in ensuring that women and girls take their rightful position in Africa pointing out that IAC has championed several strategies aimed at stamping out all forms of harmful traditional practices especially Female Genital mutilation (FGM) at the national, regional and international levels. Mrs Korouma mentioned some of the significant achievements to include symposiums for the religious leaders, the youth forums for the eradication of FGM and the collaboration with the African Union Commission (AU) in the drafting of the Protocol on Peoples Rights, which has been ratified by some African heads of states and governments. She thanked SOAWR for the bold step taken to highlight the plight of women and the need to incorporate these concerns in the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and ensure that the Maputo Protocol is ratified. She expressed her appreciation to all the participants for responding to the call.

OPENING REMARK
The Opening Remark was given by Mr Patrice Vahard, Officer in Charge of the Eastern Africa Regional Office of the United Nations High Commissioner for Human Rights, Addis Ababa. He thanked SOAWR for making the forum possible as a channel to further help put things in order for women in Africa. He pointed out that it was gratifying that the UN always partnered with NGO’s in worthy causes such as the one embarked upon by SOAWR.
Mr Vahard mentioned that by accepting to be at the forum, he was doing part of the job expected of him and also functioning in his capacity as an associate member of Fahumu. He spoke on some provocative issues among them the role of men on the equality issue, the role of women in wealth production, the need for men to see tradition in positive light and the need to behave differently and pointed out that we cannot preach equality and act differently. He made a passionate call for change and hoped for the day when equality with men would be achieved by women rather the situation “where inequality is the norm and equality the exception.”
Mr Vahard considered the Protocol as the most progressive instrument that demands the onerous task of adjusting positively through good governance and sustainable action to offer our sons and daughters a good environment, combat poverty, utilize space to work rather than depending on charity and pursue action rather than rhetoric. He viewed it equally as an asset, an appropriate working tool for breaking down barriers, and reaching out to our parents to drop the negative and inhibitive actions entrenched in our tradition. Blaming others, he opined, is a victim’s attitude, which should be discarded if genuine progress is to be made and positive changes effected. He applauded the initiative of SOAWR and highlighted the need to get boys, and girls out of ignorance and called on participants to use the forum to work together to effect the much-desired change and breathe life into our society and continent.

KEYNOTE ADDRESS BY Irungu Houghton, OXFAM
The chairperson, Mrs Diariatou Korouma noted with regret the inability of the AU Commission representative to present the keynote address due to the on-going AU Summit taking place at the same time. She called on Mr Houghton to present the keynote address.
In his keynote address entitled, Grace, Eloquence and Tenacity (GET) in Ethiopia, Mr Houghton described Grace, Eloquence and Tenacity (GET) as three very powerful words in the English Language. He viewed Grace as dignity, a sense of culture, present but not dominating on others; Eloquence as the ability to powerfully communicate and touch, move and inspire others; and Tenacity as persistence, perseverance and ‘stubbornness.’
With these words in view, he went on to posit three weapons blocking the rights of Ethiopian women and girls namely; violence, negative cultural practices and mental disempowerment. However, with GET in place, he offered that there would be dramatic change for the better in the lives of girls and women, Ethiopian laws, policies and budgets would be aligned to protect, promote and guarantee international and regional instruments like the Protocol on the Rights of Women in Africa and that the Ethiopia state and non-state actors (CSOs, peoples mass associations, private sector companies etc) would behave differently to outlaw all forms of discrimination to women and promote affirmative action.
On what could possibly be done in Ethiopia, he offered that since the African heads of state and governments visit Addis Ababa at least twice a year, there was the need to capitalize on this and make meaningful contributions. He maintained that learning from the experiences of other African countries, would secure stronger linkages between women associations and NGO’s and of course, using the 8th Ordinary Summit of the AU Commission to remind the Prime Minister, His Excellency Meles Zenawi of his promise to ratify the Maputo Protocol would raise the stakes higher. This, he said, will ensure that countries in the ‘yellow zone’ move into the ‘green zone’ and make Grace, Eloquence and Tenacity, a reality in Ethiopia.
INTRODUCTION TO THE MAPUTO PROTOCOL by Roselynn Musa FEMNET, Nairobi, Kenya.

In a paper titled, The Promise of the Protocol to African Women, Ms Musa drew the attention of the participants to the fact that the keyword, “promise” denotes expectation and clearly signifies a positive outcome. The great importance attached to the protocol, she noted makes it imperative for all to be familiar with the full title: The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, otherwise called, The Maputo Protocol.
She addressed equality as the cornerstone of all societies but noted that African women are enveloped in inequality, subjected to inequalities in law and practice and outlined several causes, consequences and manifestations of these. Backing it up with statistics, she showed the percentage of women and girls in Africa disadvantaged in conflicts, sexual violence, refugee, internal displacements, politics, literacy, employment, wage earnings and HIV/AIDS which she summed up as precarious.
Ms Musa submitted that the formation of the United Nations in 1945 and the International Bill of Rights affirmed the dignity and worth of the human person and women should be treated based on these. Using PowerPoint presentation, to highlight Article 2 to Article 24 of the Maputo protocol, she sequentially and analytically explained the relevance of the articles in the charter to women and what could possibly be done. She mentioned the issue of signing, ratification and domestication and pointed out the initial challenges since the adoption of the Maputo protocol in 2003 as the fact that by 2004 only one country had ratified it and it was not until November 2005 that 15 other members of the AU ratify it for domestication .the protocol with the number presently at 20. She maintained that the Protocol was just an addition to the Charter, which gave room for NGOs to specifically address the needs of women. She called for a concerted effort on the part of women, men, NGO’s, women organizations, citizens, Human, Rights Activists, civil organizations and members of parliaments to join hands to campaign and lobby for countries that have not yet ratified the protocol to do so and those that have been ratified to go ahead and domesticate it.

AN OVERVIEW OF THE SOLIDARITY FOR AFRICAN WOMEN’S RIGHT (SOAWR) CAMPAIGN by Ms Caroline M. Muriithi, Equality Now, Nairobi, Kenya.

Ms Muriithi explained that SOAWR was born in September 2004 following the coming together of Oxfam, GB, FEMNET and Fahumu to speed up the process for the adoption, signing, ratification and domestication of the Maputo Protocol when it became obvious that only one country, The Comoros had ratified the Protocol. She mentioned that it now has several organizations as members with its secretariat currently hosted by Equality Now, Nairobi, Kenya.
The exigency of the situation, she asserted prompted the SOAWR to adopt campaign strategies to ensure that those countries yet to ratify the protocol did so. The strategies included the following, Pambazuka Newsletter, a booklet, “Not Yet a Force of Freedom”, press conferences, television/radio programmes, dialogue with member states at the national level and during AU Summits, mobile phone campaign titled: “Text Now” to popularise the protocol, coloured cards campaign, Green, Yellow and Red distributed to delegates during summits, outreach campaigns, and Pan African Women’s Day as a way to hold various governments accountable.
Ms Muririithi listed some of the challenges faced by SOAWR in carrying out its campaign to include conflicts in Africa – Somalia, Democratic Republic of Congo, and Liberia, cultural and religious reservations, national elections in Tanzania, Uganda and Mozambique. She also mentioned the issue of ratification with reservation citing Gambia as an example, though it had ratified the protocol did so with reservations but later had those reservations lifted.
Despite this she mentioned some gratifying results. She pointed out that this was the fastest ratified protocol with 20 African countries having done so. SOAWR, she pointed out mobilized women rights groups in 13 African countries and has been visible within the AU and elsewhere and also worked towards Gambia removing its reservations on the protocol. She reminded the participants that the next phase of the struggle involves continuing with the campaign to ensure that those countries that are yet to ratify the protocol do so and then ensure that the domestication process is carried out.
PANEL DISCUSSION
EXPERIENCE OF ETHIOPIA ON ELIMINATION OF HARMFUL PRACTICES THAT VIOLATES THE RIGHTS OF WOMEN AND THE GIRL CHILDREN by Mr, Abebe Kebede, Executive Director, EGLDAM

Mr Kebede opined that Ye Ethiopia Goji Limadawi Dirgitoch Aswogaj Mahiber (EGLDAM) was formed in 1987 to eradicate Harmful Traditional Practices (HTPs), which he considered quite numerous. To implement this, he posited that it had to work closely with women leaders and groups, men, religious leaders, youth and circumcisers with ICT materials produced in local languages including videos and films to help in propagating the message
To ensure that its mandate was achieved, Mr Kebede disclosed that EGLDAM played an advocacy role at the national and regional levels to raise awareness on the importance of carrying out key actions against harmful traditional practices. In addition, it was also involved in lobbying, which led to legislation being instituted against HTPs in July 2003 and enforced in May 2005. With this landmark result, he offered that EGLDAM was engaged in making sure that the people were familiar with the law and its implementation by working closely with the government and other NGOs. He noted with delight the decline in early marriage and FGM as a product of awareness and equally mentioned that through awareness creation 30 fistula patients from different parts of Ethiopia were rescued and given medical attention and they now serve as change agents. In the same vein, students were made aware of the functions of the reproductive system and offered information on the age at which they could possibly get married to stem early marriage.

2. ELIMINATION OF HARMFUL PRACTICES IN ETHIOPIA
by Ms Sehen Bekele Organization for Social Justice in Ethiopia (OSJE)

Ms Bekele indicated that the Organization for Social Justice in Ethiopia (OSJE) is a public law organization established to grant women and girls access to justice and has been playing this key role successfully through policy research and public litigation and assistance in bringing accused persons to court. She stressed that the organization is focussed on the principle of non-discrimination of women in all aspects of life and has been working with youths, traditional rulers, women and schoolgirls to create awareness of their rights under the law.
She mentioned that women issues and problems came to light more in 1948 during the Human rights struggle and that OSJE maintains constant touch with women to rescue them from acts of inequality and harmful traditional practices that run counter to the UN declaration on Human rights. Ms Bekele indicated that a lot has been done by the organization to bring culprits to book and still more needs to be done to assist women and girls get their rights in the law court and that the organization is still poised to give legal aid to women to stem rape, injustice and other harmful traditional practices.
She considered the forthcoming Ethiopian millennium as a veritable ground for highlighting the protocol and ensuring that the ideas expressed are part of governments in Africa with reinforced institutional framework to ensure that women seek and achieve justice in all spheres of human endeavour in addition to securing the financial resources for its implementation. She mentioned the need to seize the regional integration initiative advocated for in Africa in building a viable continent and harped on the need for the African Parliament to work assiduously towards securing legal rights for women and girls not only in Ethiopia but in Africa.

Discussion, Observation and Comments
The chairperson, Mrs Diariatou Korouma asked participants to fully participate in the discussion, and offer their observation and comments where necessary.
Mrs Berhane Ras-Work, President of IAC stressed the need to embrace advocacy and lobbying as a way to ensure that the protocol is ratified based on the wealth of experience she has garnered in the fight against HTP’s especially FGM. She pointed out that the effort IAC put into these areas presented the opportunity for IAC to draft Article 5 of the protocol, which remains the beacon of hope for women and girls in Africa. This statement was greeted with applause. She also took the opportunity to inform participants that FGM is the officially recognized terminology when addressing the issue of female circumcision following a meeting held in Geneva in 2006. She thanked everyone for being a part of the struggle to actualise women’s rights
The participants appreciated the presentations. On what experience would have been handled differently in the last five years, Mr Kebede mentioned the fact that several harmful traditional practices were taken together which would be the most reasonable now to focus on just a few
The effort of EGLDAM was applauded for working closely on the issue of HTPs and assurances given that churches were working closely to help spread the message by ascribing FGM to sin and that the knowledge offered has benefited women, men and girls at the grassroots. The participants emphasized the need to use influential leaders, legal bodies, policy makers, curriculum developers and national baseline surveys as credible instruments for change.
It was agreed that advocacy initiatives be stepped up towards a change of attitude while employing the top to bottom approach but with a strong understanding of the bottom-up approach in effecting change at the grassroots. Equally, the plight of women with disability received attention as a crosscutting issue that should be addressed in the protocol bearing in mind that a special problem requires a special attention.
NGO’s were charged to use the media- radio, television, newspapers etc to offer women and girls knowledge of their rights, interpret the protocol into the different languages coupled with advocacy and lobbying.
The protocol was seen as truly African and therefore more binding on all Africans to see to its domestication. The need to work together, learn from experiences and fill gaps through best practices was emphasized as viable for reinforcing what needs to be done and a concerted effort put in place to ensure sustainability. SOAWR offered itself as a rallying point for a more purposeful campaign to ensure that the protocol is ratified and domesticated and urged more organizations to join in making this dream a reality.

“Grace, Tenacity and Eloquence: The struggle for Women’s Rights in Africa Edited by Patrick Burnett, Shereen Karmali and Firoze Manji. An Overview by Wangari Kinoti (ECWD).

Ms. Kinoti offered that the book narrates the traditional perception that women toil day and night amidst grinding poverty while facing harsh cultural, traditional and social prejudices like their counterparts elsewhere in the world, which does not offer them the much-required equality. The book she pointed out depicts African women fighting for their rights and doing so with grace, tenacity and eloquence. It brings out the story and narrows it down to the African protocol by gathering articles from Pambazuka Newsletters covering several topical issues that affect women to provide an easy-to-read introduction to the struggle for the rights of women in Africa.
She pointed out that the book is in seven chapters with each chapter addressing key issues that affect women and made headlines in most cases drawing public interest into a carefully woven network of facts and updates.
Chapter 1: Campaigning for Women’s Rights: Showcases articles that represent the voices of women involved in the Solidarity for African Women’s Rights SOAWR) campaign, a coalition of women’s rights organization driving for the ratification of the Protocol on the Rights for Women in Africa.
Chapter 2: Moving the Protocol from Paper to Reality: The articles see adoption of the protocol as kick starting the process and implementation of the protocol as reality for the enforcement of change.
Chapter 3: Women, Health and Food Security: It views the protocol as a veritable tool for guaranteeing the health and food security of women on the African continent.
Chapter 4: Women and Conflict: It highlights what women go through in time of conflicts and endorses that at all levels of peacemaking women need to be included if the effects of war is to be ameliorated.
Chapter 5: Women and Islam. It deals with women’s rights and Islam, women’s reproductive rights within Islam and the compatibility of Islamic laws and the Protocol on Women’s Rights in Africa
Chapter 6: Women and The Jacob Zuma Trial. Records the antecedents of the Jacob Zuma Trial and what the ruling means to women.
Chapter 7: Comments and Analyses; It deals generally with various women issues and the need to give urgent attention to them.

Lastly, she pointed out that the array of contributors at the end of the book gives a birds eye view of women issues in Africa and epitomizes the grace, tenacity and eloquence in the struggle. The book, she assured, cuts the profile of a must-read for everyone keen on seeing the rights of women maintained and sustained.

BOOK LAUNCH
The book, Grace, Tenacity and Eloquence: The struggle for Women’s Right’s in Africa was launched by Mrs Thokozile Ruzuidzo, Director, African Centre for Gender and Social Development (ACGSD), Economic Commission for Africa (ECA). She pointed out that she was delighted to be part of the struggle even at short notice and endorsed it as one laced with hope and light at the end of the tunnel. She advised that the book be placed on the web and popularised for men and women to read. She gave kudos to the editors and wished SOAWR more fruitful campaigns in future.

DISCUSSION, OBSERVATION AND COMMENTS
Copies of the book were distributed to all participants who showed great excitement and admiration of the quality of production. A participant described the book as one attired in a woman’s colour with appropriate contents and wonderful flow of ideas and facts that would breathe life into the struggle for Women’s Rights in Africa.
SOAWR indicated that a lot had gone into the production of the book and urged participants to alert people on its activities and be encouraged to join hands with SOAWR to ensure that the rights of women in Africa becomes a reality. Organizations wishing to be members were advised to contact SOAWR C/O Equality Now, P. O .Box 2018, 00202 KNH, Nairobi, Kenya or visit the websites: www.fahamu.org and www.pambazuka.org
Participants expressed their joy that the objectives of the public forum had been realised because it had accorded them the opportunity to contribute ideas for actionable recommendations on the protocol to be made to the heads of states and governments as the gather for the 8th Ordinary Summit of the African Union Commission on 29 – 30 January 2007.
VOTE OF THANKS by Ms Roselynn Musa
Ms Musa started the vote of thanks with a Nigerian proverb: “When two people ride a horse one has to be in front” to indicate that her vote of thanks wasn’t necessarily in order of importance. With this in mind, she thanked IAC for its help and support in holding the public forum at short notice and expressed sincere gratitude to Global Fund for Women for funding it. She equally thanked the resource persons, moderators, facilitators, the rapporteur, the chief launcher of the book, staff of UNCC, members of SOAWR, editors of the book, “Grace Tenacity and Eloquence: The Struggle for Women’s Rights in Africa” for a job well done and all the participants for making time to honour the worthy cause and a call for solidarity in the struggle which she spiced with another Nigerian proverb; “when spiders unite they can tie down a lion.”

ANNEX
Program of Work
Solidarity for African Women’s Rights (SOAWR) Public Forum in Collaboration with the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children (IAC)
25 January 2007, Caucus Room 4, UNCC, Addis Ababa, Ethiopia.

Time
Description of Activities
Facilitators/Presenters
9.00-9.30 Registration Secretariat
9.30-9.40 Welcome Remarks IAC, Addis Ababa, Ethiopia
9.40-9.50 Opening Remarks Mr Patrice Vahard, Officer in charge of the Eastern Africa Regional office of the United nations High Commissioner for Human Rights, Addis Ababa
9.50-10.00 Keynote Address Irungu Houghton, OXFAM
10.00-10.30 Tea/Coffee Break
10.30-10.50 Introduction to the Maputo Protocol Ms. Roselynn Musa, FEMNET,
Nairobi
10.50-11.10 An Overview of the SOAWR Campaign Ms. Caroline Muthoni Muriithi, Equality Now, Nairobi
11.10-12.00 Panel discussion on the experience of Ethiopia on the elimination of harmful traditional practices that violates the Rights of Women and Girl Children
Panelists: 1) Mr. Abebe Kebede
Executive Director, EGLDAM
2).Mrs. Ejegayehu Teferra,
Gender Coordinator, Nowegian Church Aid
3).Ms. Sehen Bekele,
Program Officer, Organization for Social
Justice in Ethiopia (OSJE)
Inter-Afrcan Committee
12.00-1.00 Discussion, observation and comments Participants
1.00-2.30 Lunch
2.30-3.00 An overview of the book: “Grace, Tenacity and Eloquence: The struggle for Women’s Rights in Africa.” ECWD, Nairobi
3.00-3.10 Book Launch: “Grace, Tenacity and Eloquence: the Struggle for Women’s Rights in Africa.” SOAWR
3.10-3.30 Discussion, observation and comments Participants
3.30-3.45 Vote of Thanks and Evaluation Ms. Roselynn Musa, FEMNET
3.45-4.15 Refreshments and End of Program
Keynote address at the joint Inter Africa Committee and SOAWR Conference, Addis Ababa, Ethiopia 25th January 2007

Grace, Eloquence and Tenacity in Ethiopia
By Irng Houghton on behalf of Solidarity for African Women’s Rights Coalition (SOAWR)

The power of Grace, eloquence and tenacity (GET)

Grace, eloquence and tenacity (GET) are three of the most powerful words in the English language.
Grace – dignity, a sense of culture, present but not dominating of others.
Eloquence – ability to powerfully communicate and touch, move and inspire others
Tenacity - persistence, perseverance and “stubbornness”

Three weapons blocking the rights of Ethiopian women and girls

Violence, negative cultural practises and mental disempowerment are three weapons currently being used to block the rights of Ethiopian women and girls.
Violence
Despite legal reform criminalizing violence against women and girls, spousal rape and rape within the family continues to be characteristic of many marriages and homes. In Addis, 1000 cases of rape are recorded every year.
Negative cultural practises
Despite national laws, too many girls are still being forced into early marriages through abductions sometimes at the age of 7. Yet, the work of the state and non-state agencies is bearing fruit. We are seeing 10% decrease in the incidences of female genital mutilation and a 50% decrease in the number of women and girls willing to support this process.
Mental disempowerment
Attitudinal studies show that nine in every ten (90%) rural women believe that husbands have the right to beat their wives or that there is nothing that can be done about it. In urban areas, 7 in every 10 women (70%) agree with their rural counterparts.

What would GET look like in Ethiopia?

1. The reality of girls and women’ lives dramatically change for the better
2. Ethiopian laws, policies and budgets are aligned to protect, promote and guarantee international and regional instruments like the Protocol on the Rights of Women in Africa
3. The Ethiopia state and non-state actors (CSOs, peoples mass associations, private sector companies etc) behave differently to outlaw all forms of discrimination to women and promote affirmative action.,
What could we do here in Ethiopia?

1. Organisations should continue to anchor the reality of the Ethiopia in the African context – learning from the experiences of female and male feminists in The Gambia, Nigeria, South Africa, Tunisia and Botswana on how they have ensuring the permanent dismantling of these three weapons.
2. Lastly, stronger linkages between women’s associations and NGOs should be built to ensure that others do not divide them. Together they can make a unified call underpinned by unified actions for the full realisation of all rights and the elimination of all forms of discrimination.
3. Before the upcoming 8th Ordinary Summit, Ethiopian organisations and regional women’s associations should remind the Head of State, H.E. Meles Zenawi of his promise to ratify the Protocol.

Lets work together to make Grace, Eloquence and Tenacity a reality in Ethiopia

Thank you

THE PROMISE OF THE PROTOCOL
By
ROSELYNN MUSA

Introduction
Equality is the cornerstone of every democratic society, which aspires to social justice and human rights. In virtually all societies and spheres of activity women are subject to inequalities in law and in practice. In Africa while the causes, consequences and manifestations may vary from sub-region to sub-region; country-to-country, and even province-to-province, discrimination against women is widespread. The situation is both caused and exacerbated by the existence of discrimination in the family, community and workplace and perpetuated by the survival of stereotypes, cultural and religious practices and beliefs detrimental to women.

Recent efforts to document the real situation of women in Africa have produced some alarming statistics on the economic and social gaps between men and women.
Women are the majority of the poor. Women are the majority of Africa’s illiterate, African women work several hours a week more than men and are mostly unpaid, African women earn less than men for doing equal work, women make up less than 2 per cent of Africa’s heads of state, women’s unpaid house work and family labour, if counted as productive work, would increase measures of total output by almost half.

ARTICLE CEDAW PROTOCOL
1 Right to be free from all forms of discrimination Definitions
2 Obligations of state parties to enact legislation/ policies to ensure equality between women and men Elimination of Discrimination Against Women
3 Right to equality between women and men Right to dignity
4 Right to affirmative action by the state parties Right to life, integrity and security of person
5 Right to choose professional or marriage partners Elimination of harmful practices
6 Right to non- exploitation i.e. trafficking in women Marriage
7 Right to equality in national laws Separation, divorce and annulment of marriage
8 Right to equality in International laws for example international representation and participation Access to Justice and equal protection before the law
9 Right to nationality i.e. conferring citizenship/ change in nationality Right to participation in the Political and Decision- making process
10 Right to equality in education Right to Peace
11 Right to employment and labour i.e. gender segregation of waged workforce Protection of Women in Armed Conflict
12 Right to equal access to health Right to Education and Training
13 Right to financial and social security Economic and Social Welfare Rights
14 Right to participate in implementation of development planning by rural women Health and Reproductive Rights
15 Equality before the law Right to Food Security
16 Right to legal and civil matters and right to equality in family law Right to Adequate Housing
17 Right to Positive Cultural Context
18 Right to Healthy and Sustainable Environment
19 Right to Sustainable Development
20 Widows Rights
21 Right to inheritance
22 Special Protection of Elderly Women
23 Special Protection of Women with Disabilities
24 Special Protection of Women in Distress

The United Nations (UN), since its formation in 1945 has been at the forefront of advocacy for equal rights and the enjoyment of rights and freedoms hence the entrenchment of the principle of equality and non- discrimination in its international and universal human rights instruments. Equality of right of women is a basic principle of the United Nations. The Preamble to the Charter of the United Nations sets as a basic goal “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women” The International Bill of human rights strengthen and extend the emphasis on the equal rights of women. For example, the UDHR, the first ever proclamation on the rights and freedom of women and men reiterated the fact that all human beings are born equal and equal in dignity and rights and that everyone is entitled to all rights and freedoms set forth in the declaration without distinction based on sex among other conditions. It forms the ethical and legal basis of human rights and provides the foundation upon which the international system for the protection and promotion of human rights has developed.

One of the most significant developments in the field of human rights was the Universal Declaration of Human Rights (UDHR), adopted by the General Assembly of the United Nations (UN) in 1948. Based on the equal right of every human being, the declaration proclaims the entitlement of everyone to enjoy human rights and fundamental freedoms “without distinctions of any kind, such as race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth and other status.” When a state becomes party to the covenant it undertakes to guarantee to all individuals in its territory or under its jurisdiction, without any discrimination, all the rights specified in the declaration without any discrimination and to provide for effective remedies in cases of violations. In additions state parties specifically undertake to ensure the equal rights of men and women to the enjoyment of all rights set forth in each article.

Despite these Provisions women in Africa and elsewhere in the world continue to suffer blatant discrimination in the political, social, economic and cultural spheres, to such an extent that even legal institutions that could have helped in promoting and protecting women’s rights condone practices that impede the advancement of women.

Consequently, the Convention on the Elimination of All Forms of Discrmination Against Women (CEDAW), a landmark convention and in fact a global action towards redressing the existing inequalities evolved with very systematic and far reaching consequences for women’s human rights globally. The convention sets out, in legally binding form, internationally accepted principles on the rights of women which are applicable to all women in all fields. The basic legal norm of the convention is the prohibition of all forms of discrimination against women.

WHY A SEPARATE PROTOCOL FOR WOMEN?
The African Charter on Human and Peoples’ Rights (ACHPR), also referred to as the Banjul Charter was adopted by the Organisation of African Unity (OAU), now African Union (AU) in 1981. It has a set of rules or guiding laws or articles about peoples’ rights to freedom, safety and improved lives. This document affirms both individual and collective rights and this distinguishes it from other international human rights treaties. It recognises African values and cultures and also emphasises both rights and duties. It provides for special protocols or agreements, if necessary, to supplement the provisions of the African Charter. This serves as a legal basis for creating the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Protocol).

The Protocol lays down a comprehensive set of rights to which all African women are entitled. Why then was it necessary to have a separate instrument for African women considering that the existence of the ACHPR. Additional means of protecting the human rights of African women were seen as necessary because the ACHPR has not been sufficient to guarantee African women the protection of their rights. The ACHPR, just like other international human rights instruments before it did not deal effectively to redress the disadvantages and injustices experienced by African women by reason only of their being women, nor was it constructed to take into account women’s situations. Historically, human rights discourses started in the fields of political and civil rights- rights to life, freedom of association, etc. In this regard, the fundamental significance placed on human rights was directed towards the public rather than the private realm. Since men have largely dominated the public domain, this meant two things: that human rights came to be defined by men; and that these rights protected mostly men. Meaning that despite the existence of the ACHPR and other human rights instruments, women still do not have equal rights with men. Discrimination against women continues to exist in all African societies.

The Protocol came from the initiatives of NGOs across Africa who initially faced the resistance and were confronted with the argument that women in Africa did not need a Protocol, but an added clause on non- discrimination against women in the ACHPR. The strengths of the Protocol include the fact that it came after many other treaties, e.g. the CEDAW and that makes it possible to draw the best options from others and take into account, developments from CEDAW. It is culture specific and so it is useful for challenging negative traditional practices replete in Africa.

The recommendation of the African Commission on Human and Peoples’ Rights to elaborate a protocol on the rights of women in Africa was endorsed by the Assembly of Heads of States and Government of the Organisation of African Unity in its thirty- first Ordinary session in June 1995. The drafting of the Protocol started in 1996. It was adopted by the second ordinary session of the Assembly of the Union in Maputo, Mozambique in July 2003. It came into force in November 2005, after receiving its fifteenth ratification.

One of the areas of focus of the Protocol is the continuing discrimination against women and inequalities that exist between women and men. It identifies many specific areas where there has been notorious inequality and discrimination against women. For example with regard to political rights, marriage and the family etc, the Protocol spells out specific goals and measures that are to be taken to facilitate an Africa in which women enjoy full equality with men and the full realisation of the guaranteed human rights.

To combat gender-based discrimination the Protocol requires state parties to recognise the important economic and social contributions of women to the family and to the society as a whole. It emphasises that discrimination will hamper economic growth and prosperity. It also expressly emphasises the need for a change in attitudes, through education of both women and men to accept equality of rights and responsibilities and to overcome prejudices and practices based on stereotyped roles.

SUBSTANTIVE PROVISIONS OF THE PROTOCOL

Article 2 Elimination of discrimination against women
In many African communities women are denied their basic legal rights, either implicitly or explicitly, including the right to participate fully in politics and right to own property. Such instances of entrenched discrimination can easily be identified as discrimination. At the same time, not all every differentiation will constitute discrimination. The Protocol does not give a detailed explanation of what constitutes discrimination against women however it is provided in the ACHPR (to which it is an appendage), article on non- discrimination states that

“Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed by the Charter, without distinction of any kind such as race, ethnic group, colour, SEX, language, religion, political and any other opinion, national and social origin, fortune, birth or other status.”

Everyone has a right to be treated equally, and protected equally, by agents and instruments of the law, such as the courts and the police. In addition to establishing the criterion of differentiation, which in this case is sex, it is also necessary to consider the outcome of the differentiation. If the result is a nullification or impairment of equal rights as set out in article two of the ACHPR, then the differentiation is discriminatory and therefore negates the provision of the Protocol.

In most African societies, culture and tradition have been used by men to justify discrimination against women. Male dominated ideologies in Africa have tended to use culture to justify oppressive gender relations. African governments could use the standards of the Protocol to remove all negative stereotyped cultures that discriminate against women and hinder their full advancement. In this regard African states are obligated to

“commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education, and communication strategies with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for women and men.”

It is not enough to merely insert anti- discrimination clauses into the legislation, the Protocol also requires State parties to protect women’s rights effectively and provide women with opportunities for recourse and protection against discrimination. They should incorporate sanctions into legislation that deter discrimination against women. States party to the Protocol must take steps to eliminate discrimination in both public and private spheres. It is not enough to strive for equality for women vis-à-vis public authorities; states must also work to secure non-discrimination even within the family.

Article 3 Right to dignity
Every human being has an inherent right to be treated with dignity. This provision makes it incumbent for states to strive to remove the social, cultural and traditional patterns, which perpetuate gender- role stereotypes and to create an overall framework in society that promotes the realisation of full rights for African women. The prevalence of gender- role stereotypes is seen most particularly in the traditional concept of African women’s role in the domestic sphere.

The family as an agent of socialisation assigns different statuses, values and roles to boys and girls. In many countries in Africa discrimination against women starts before birth with parental and social attitudes that promote a preference for sons over daughters. Children of both sexes should be accorded equal opportunities to grow and develop to their full potential as equal partners for sustainable development and peace.

Many African women are denied an education because their role is considered primarily as one of caring for the family. Besides, the role is often viewed as unimportant and not, in itself worthy of an education. This article therefore seeks to reform social and cultural traditions and practices and create a common civil system that upholds the dignity of women as equal partners with men in society.

Article 4 The Rights to Life, Integrity and Security of the Person
Despite the efforts of women’s human rights activists, the spate of both public and private violence against women in Africa has not abated. Women are subject to violence and to threats of violence in their daily lives, physically and psychologically. Violence deprives women of their ability to achieve full equality. It threatens their freedom, safety and autonomy. Many cases of violence against women go unreported, particularly when they take place in the home, because of fear or shame. The psychological, emotional and economic conditions of women often alter their perception of reality such that they see themselves as completely helpless and unable to make choices. In some cases the abused women do not even see themselves as victims. This is against the background of dominant perception in the society that a certain kind of violence against women is possibly desirable as discipline and certainly inevitable, defences of wife battering for example.

Although governments across Africa are now more concerned with the issue than in the past, few have taken legal, constitutional steps to stop the practice. The Protocol enjoins state parties to 'enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex, whether the violence takes place in private or public'. Unless this is done African women will not be able to enjoy fully the rights guaranteed in the Protocol.

This article charge state parties to take appropriate and effective measures to address issues of peace education, punishment for perpetrators of violence against women, rehabilitation of victims of such violence, trafficking in women, unauthorised medical and scientific experiments on women, opposition to death penalties on pregnant or nursing women, and provide adequate budgetary and other resources for the implementation and monitoring of action aimed at preventing and eradicating violence against women.

Article 5 Elimination of Harmful Practices
Some cultures in Africa perpetuate traditional practices that are harmful to the health of women and constitute a direct violation of their fundamental human rights. Examples of such practices include Female Genital Mutilation (FGM), maltreatment of widows, male child preference, domestic violence, early/ forced marriage etc. In this connection, the Protocol has provisions that aim to improve the image and role of African women by improving public awareness through formal and informal education and outreach programmes.

Articles 6 and 7 Marriage, separation, divorce and annulment of marriage
Women are discriminated against in marriage and family law, sometimes as wives and sometimes as daughters. In all categories of marriage in Africa (statutory, customary and religious) the husband is assumed to be the head of the family and the provider (and hence able to make decisions and receive benefits for the family). Wife battering (called ‘chastisement’) is accepted as a norm in some cultures and there is no minimum age for marriage. Furthermore, wives have lesser rights in choice of marriage partner, divorce or child custody and have lesser right to inheritance.

The Protocol provides that women and men should enjoy equal rights and be regarded as equal partners in marriage. Marriage will take place only with the full consent of both parties. Cases of forced and early marriage persist in Africa and the situation of the girl child remains a matter of concern. The Protocol also requires that marriages are registered in accordance with national laws in order to be legally recognised. In cases of separation, divorce or annulment, women and men should have the right to an equitable share of the joint property deriving from the marriage.

The minimum age set for marriage is eighteen years and monogamy is encouraged as the preferred form of marriage. Women and men shall have the same rights to seek separation, divorce or annulment of a marriage and in which case women and men shall have equal rights and responsibilities towards the children, while the interests of the children will be paramount. In the same vein women and me shall have equitable sharing of the joint property deriving from the marriage.

Article 8 Access to Justice and Equal Protection by the Law.
Some forms of discrimination against women stem from the varying understandings and beliefs about what society or culture prescribes for women. Since most family issues never go to court for resolution, it is the often conservative and restrictive everyday beliefs of husbands, brothers, fathers, cousins, uncles and nephews, which govern women’s lives. In this regard the Protocol provides that women and men are equal before the law and shall have the right to equal protection and benefit of the law. States parties are to ensure effective women’s access to judicial and legal services, including legal aid, sensitise everyone to the rights of women and reform existing discriminatory laws and practices in order to promote and protect the rights of women.

Article 9 Right to Participation in the Political and Decision-Making Processes
Women’s equal rights to participate in decision-making are beyond a question of democracy and good governance; it is also a necessary condition for the effective recognition of women’s interests, without which the objectives of sustainable equality and development will never be achieved. The involvement of women in parliament is a measurable statistic of gender equality and women’s empowerment. Caution is needed, however, as the participation of women in government does not necessarily translate into pro-woman policies. The value of this aspect of the Protocol is therefore predicated not only on taking part in government, but in doing so in a way that is consistent with the specific needs of women. Some African countries have provisions, which enforce quotas for the number of women in parliament, and so have high numbers of women in government (Rwanda, for example). This decision-making involvement is imperative to the Protocol, which states that women must be able to participate in government and politics. While women are prominent in grassroots organisations, they are left out of the vitally important decision-making at policy level, and so their specific concerns and needs are ignored.

The Protocol requests states to take specific positive steps to promote equal participation of women in the political life of their countries through affirmative action and equal representation of women in the electoral processes, and increased representation and participation of women at all levels of decision- making.

Article 10 Right to Peace
Women are rarely included in decision-making on conflict prevention, resolution and management, or even in peace-building initiatives. Women’s voices go unheard during formal peace negotiations, disarmament, demobilisation and reintegration, the creation of new constitutions, elections, reconstruction, rehabilitation, and the establishment of judicial systems. This occurs even though the violence perpetuated against women is exacerbated during times of conflict, and they make up the majority of all victims. Women and children are the most vulnerable and at the receiving end of the most of the worst excesses and abuses in situations of conflicts. Yet despite their marginalisation, African women have played very important roles in conflict situations to bring about change.

The Protocol defends the right of women to a peaceful existence and the participation of women in the promotion and maintenance of peace. State parties are to take appropriate measures to ensure the increased participation of women in the peace process through promotion of peace culture; protection of refugees, asylum seekers, returnees, and displaced persons; and reduce military expenditure in favour of spending on social development.

Article 11 Protection of women in armed conflict
Conflict is a critical part of transformation and change, restructuring the social relationship between peoples and also within their own groups. Generalised and unnecessary suffering result when latent conflicts escalate into confrontation. Several African countries have been, and some still are, embroiled in war, civil strife and conflict caused by a combination of factors including massive violations of human rights and ethnic violence. These situations usually impact heavily on women and children, resulting in violence, involuntary displacement and flight from their country of origin.

Violations of the fundamental rights of women and girls are widespread during times of armed conflict. These include torture, rape and murder and should not be condoned. In many cases, the countries they flee to as refugees are unable to absorb the extra burden and may not be able to provide essential services for them. The absence of a special support system to deal with internally displaced people render this group, especially women and children, particularly vulnerable and makes it less likely they will receive attention from the international community. It is therefore vital that this group is recognised and prioritised.

Towards this direction state parties are to respect the rules of International Humanitarian Law applicable in conflict situations and protect women affected by conflicts making sure that perpetrators are brought to justice before a competent criminal jurisdiction. State parties shall also ensure that no child, especially girls under eighteen years take part in hostilities.

Article 12 Education and Training
African women face a sombre scene filled with economic and socio-political problems, which hinder their efforts at meeting basic needs. The lack of education for a considerable number of African women prevents society as a whole from facing these problems with vigour and determination. As a result of the worsening of international economic crisis social spending on health, education and other services by government has been cut and the governments have left responsibility for schooling solely to families. This development has had a negative impact on educational opportunities for girls. If the situation of women in Africa is to change for the better the quality of education must not only be improved, but women and girls should have easy access to education, while overcoming every hurdle that hinders their active participation at the educational process like prejudices and stereotypes.

To this regard the Protocol guarantees and education for women and girls with the intention of breaking down social and cultural barriers, which have discourages and even excluded women and girls from the benefits of regular educational programmes as well as promoting equal opportunities for them in all aspects of life.

Article 13 Economic and social welfare rights
Poverty in Africa manifests itself in various forms and has its origin in a lack of income, the unequal distribution of wealth and income, economic recession, drought, heavy debt burdens and unfavourable conditionalities tied to borrowing from international financial institutions, armed conflict, civil strife, etc. More than a third of the people of Africa are unable to meet their most basic needs.

The heavy burden of poverty falls disproportionately on women, especially female-headed households. The feminisation of poverty is an ugly reality. Although generally speaking women constitute more than half of the population, they have limited access to and ownership of land and housing yet they provide the greater percentage of food supply.

Women are the backbone of the agricultural sector and produce cash crops as well as engage in subsistence farming, yet their non-marketed productive and reproductive labour is neither marketable nor recognised as an economic output. They are therefore confronted by considerable discrimination that is a major obstacle to increasing their productivity. They also face varying degrees of vulnerability, isolation, dependence, and a sense of powerlessness. Men and women have different roles and responsibilities most of which are socially constructed as a result of which they experience poverty differently. And they become poor through gender- differentiated processes. African women bear a disproportionate burden of poverty compared to men, a phenomenon that has been described as the ‘Feminisation of poverty’ Social norms often justify hierarchical social relationships and often generate inequalities of power, resources, status and capabilities through a rigid definition of appropriate roles and behaviour for men and women. These types of constraints often limit women’s scope for independent activity.

In both rural and urban areas in Africa women are poorer than men. Women’s poverty is related to lack of access and control of economic resources such as land ownership and inheritance, lack of access to economic opportunities and education; lack of credit and other support services. Even when a household does not fall within the absolute poverty line, women and female children may be relatively poorer than other household members as a result of inequality in the distribution of resources and income. Such forms of gender disparity coupled with a wide prevalence of gender- based violence and marital instability push large number of women and children into destitution. In addition to material deprivation, poor women experience the qualitative dimensions of poverty such as lack of free time (this is related to ‘time poverty’ whereby women spend hours fetching water and fulfilling intensive household chores), poor self-esteem and dependency much more than poor men. Household maintenance and childcare consume large amounts of women’s time and energy due to low investments in basic infrastructure such as water and sanitation systems, energy and transport.

Studies have shown that women and girls spend three hours daily just fetching water, and travel over a kilometre in rural areas expending more than a third of their daily food intake. In turn such forms of overwork reduce their time and opportunities for farming, education, non- agricultural income- generating activities while they tend to increase ill health.

In the absence of roads and accessible and affordable transportation, women and girls are also allocated the role of household transporters and are responsible for the bulk of carrying such as head-loading agricultural produce from farms to the household or to markets.

A large body of studies has shown that gender inequalities have significant negative impact on economic growth in Africa. The goal of halving extreme poverty by 2015 in the Millennium Development Goals (MDGs) cannot be achieved without a concerted effort to improve women’s access to economic opportunities and the returns of their effort. Increasing women’s access to assets and income, while reducing their workload has been shown to result in increased spending on food, and children’s education, including increased spending on girls’ education. It also results in higher rate of savings. Thus a gender-aware and pro-poor poverty reduction strategy is likely to result in higher growth rates and human development.

The point here is that a gender aware pro-poor poverty reduction strategy is likely to result in higher growth rates and enhance human development. One way forward is to focus of the domestication of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and follow-up with different African governments to make good their commitment so that opportunities it offers African women is assessable and how African women’s poverty could be addressed if they can access it.

Women in Africa need to be empowered to participate in economic structures and policy formulation in the production process itself. Women’s empowerment will enhance their capacity to realistically alter the direction of change for their well being and that of society as a whole. In this regard, the Protocol recommends promotion of equality of access to employment and equal remuneration for women and men, and ensures transparency in the recruitment, promotion and dismissal of women. It also combats and punishes sexual harassment in the workplace. It ought to be emphasised here in the case of ensuring equal employment opportunities that it is not sufficient that states outlaw discriminatory hiring practices without providing equal opportunities in preparing for employment through education and vocational training. It is only then that same hiring criteria for women and men will be just.

The state is to guarantee women the freedom to choose their occupation. Not only must women have the right to free choice in their selecting a profession, they must not be automatically channelled into traditional ‘women’s work’. To discharge this obligation state parties must work towards the creation of social and cultural patterns which allow all members of the society to accept and work towards the presence of women in many different kinds of career.

Furthermore, women in the workplace must have the right to equal remuneration and all work- related benefits. State parties must guarantee equal pay for equal work, as well as equal treatment for work of equal value and equal treatment in evaluating the quality of work. Women are also to enjoy the provision of social security.

Article 14 Health and Reproductive rights
Women’s health and reproductive rights are central to the realisation of their potential. Their ability to exercise control over their fertility is a crucial step in enabling them to make the necessary choices in other areas. Women’s, and particularly adolescent girls’, sexuality and fertility pose a high health risk. They contribute significantly to girls’ inability to attain high levels of education and unsafe abortions lead to maternal mortality and HIV/AIDS.

The subordinate position of women and adolescent girls, with younger women being the least empowered, and their lack of access to information, education and communication, health facilities, training, an independent income, property and legal rights, make them particularly vulnerable to HIV/AIDS infection. They lack adequate knowledge about the disease and the measures that have been taken to prevent them from infection.

Consequently, education and information campaigns, which target the sexual and reproductive health of women must be increased and strengthened and made more accessible and culturally appropriate. In this regard the Protocol provides women with the right to control their fertility, choose any method of contraception and to have family planning education, while state parties have, among other things, to protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape and incest and where continued pregnancy endangers the mental and physical health of the mother or foetus.

If states are to ensure the equality of women and men in access to health care services as is expected of them they would have to remove any legal or social barriers which may operate to prevent or discourage women from making full use of available health care services. Concrete steps therefore needs to be taken to ensure access to healthcare services for all women, including those whose access may be impeded through poverty, illiteracy or physical isolation

Equal rights in participation and access to sporting and recreational facilities and other cultural activities presume the existence of real equality to access. To achieve this states should ensure that all legal and social obstacles to the full participation of women in these areas are removed.

Article 15 Right to food security
The struggle against poverty, the economic empowerment of women and the promotion of sustainable livelihoods for women is a moral, political and economic obligation and the responsibility of national governments and the international community. Women and other people living in poverty represent an under-utilisation of productive potential. Women’s deprived rights to development should be recognised. This requires policies that are gender sensitive including gender-based anti-poverty policies. Besides income poverty, other areas of deprivation for women include social discrimination, exclusion, desertion, physical disability, vulnerability and deprivation. There is also poverty associated with wars, famine, displacement and refugees, unbalanced trade relations and structural adjustment programmes (SAPs).

Some of the measures recommended by the Protocol to combat this are to provide women with access to clean drinking water, sources of domestic fuel, land and the means of producing nutritious food and also adequate systems of supply and storage to ensure food security. One point that is clear however is that unless states parties guarantee women financial independence, they will not have true equality with men because they will not be able to head their own households, own their own homes, or start their own businesses. Many private businesses discriminate against women employees by not giving them the same family benefits and insurance as male employees; similarly, loan and mortgage companies often impose higher standards on women and require higher premiums or deposits for obtaining credit. Social security measures may discriminate against single mothers by presuming dependence on a man. States must therefore steps to ascertain that women have equal access with men to credit and loans and that they also have equal access to family benefits.

Article 16 Right to adequate housing
Despite the active role of African women in the management and creation of urban and rural environments, they are discriminated against in their access to adequate housing and control of land and property. In some countries, legislation, tradition and harmful religious practices prevent women from inheriting and having control over property and so deprive them of their rights to adequate housing. Considering the challenges faced by women in both rural and urban areas governments should consider that households and household members move from one end of the continuum to the other and it is necessary to provide infrastructure and services along the continuum without putting undue emphasis on one at the expense of the other. In most parts of Africa infrastructure and services are inadequate and in both urban and rural areas. While urban households rely on rural areas, but on a comparative note, the rural areas are worse off. This, in addition to the traditional myth of industrialisation and its potential offer of employment has attracted more households and household members to move to urban centres as opposed to smaller towns and rural trade and production centres.
Compared to men, women are more burdened with the rural-urban linkages. They have to move between the extreme ends of the continuum trying tom make ends meet for their households. Supporting women’s efforts in under the circumstances requires making their daily routine activities such as ensuring availability of water, energy and food easier, be it in the rural, or urban areas. This assurance makes it possible not only to engage in long term economic planning but also avails time fro critical thinking and engagement in socio- economic and political life of their communities. These measures are required if the states are to keep the promise of the Protocol to provide African women equal access to housing and to acceptable living conditions in a healthy environment.

Article 17 Right to a positive cultural context
African societies are products of historical evolution, enriched by diverse cultures. Individuals within those societies have their collective identities as members of families, communities, religious groups, etc. The delicate balance between the rights of the individual and society and the groups within society should be respected. Women, being among the most vulnerable and marginalised, need to be integrated in order to reconnect them with the community by making all the institutions of society more accessible to them. This article addresses discrimination against women in the private sphere, including discrimination in the area of family law.

Much discrimination against women takes place in their own homes, by their own husbands, their families and communities. In many areas of Africa, married women are not permitted to equally in deciding how many children they will bear, how these children will be brought up, and when or whether they themselves should work. Even in few places where women ‘enjoy’ a greater say in their family life, deeply ingrained stereotypes regarding the ‘proper’ role of women as being that of housewife and home maker may prevent them from pursuing other careers or prevent them from taking part in important decision-making with their husbands. In this regard, the Protocol provides that women will have the right to live in a positive cultural context and to participate at all levels in the determination of cultural policies. We should not be oblivious to the fact that this area of discrimination, based on long- standing cultural and religious practice is one of the most difficult areas to penetrate and one of the most resistant to change. Yet the drafters of Protocol realised that change in this area is essential in order for African women to attain full equality.

Article 18 Right to a healthy and sustainable environment
Poverty is a major cause and consequence of environmental degradation and is compounded by scarcity, depletion and the mismanagement of resources. Environmental degradation has had, and continues to have, an adverse impact on the population as a whole. Women experience this impact particularly in the traditional divisions of labour. This has resulted in an increase in their workload of domestic chores. Often, women have no choice other than to exploit natural resources in order to survive even when they know about the importance of protecting the environment and its sustainability.

In many part of Africa, women living in rural areas bear a disproportionate amount of the burden of labour. Moreover, they often receive little or no recognition of their participation, nor are they allowed to enjoy the fruit of their work or share in the benefits of development.

Natural resources are central to the livelihood of poor rural households and it is women who are responsible for growing and processing agricultural products. Women are key environmental managers with profound knowledge of plants and ecological processes. Such knowledge should not be lost to future generations of women, so the Protocol has made room for, among other things, the protection and development of women’s indigenous knowledge systems.

As the majority of the world’s poor, women play decisive roles in managing and preserving biodiversity, water, land and other natural resources, yet their centrality is often ignored or exploited. This means that a chance for better management of those resources is lost, along with opportunities for greater diversity, productivity for human sustenance and economic development. Moreover, while environmental degradation has severe consequences for all human, it particularly affects women and children.

Towards this end the states shall ensure greater involvement of women in planning, management and preservation of the environment and the sustainable use of natural resources at all levels.

Article 19 Right to sustainable development
Recently, African governments have slowly begun to see the political and socio-economic participation of women as a key factor and catalyst for the accelerated advancement of women and the society as a whole. In this respect, some African governments have established national machineries to be responsible for coordinating the gender perspective in overall national development activities. However, governments still have a lot to do to see that women fully enjoy their right to sustainable development.

For example, in many countries women still do not have the same property rights as men. Traditional property law often discriminate against women in that only male children are able to inherit the family land and husbands have automatic ownership over all of their wife’s property upon marriage. Similarly, legislation in a number of countries establishes that the administration of family property is to be undertaken by the male head of the family.- thereby excluding women.

The Protocol enjoins governments to take tangible steps to ensure the participation of women at all levels of decision-making, implementation and evaluation of development policies and programmes, to promote their access to credit, training and skills development and also to ensure that the negative effects of globalisation are reduced to the minimum for women.

Articles 20 Widows’ rights
The need to address the plight of widows cannot be overemphasised. In many African cultures, widows have suffered from a regressive heritage that results in their being ostracised from their communities at worst or being discriminated against at best. It is not uncommon for a widow to be labelled 'a witch' who is responsible for the death of her husband. She is consequently dispossessed of all her family’s assets, denied property rights, and left to grapple alone with her liabilities.

Also in many communities women are required to undergo harsh and burdensome rites at widowhood in order to prove that they did not kill their husbands. This is despite constitutional requirements that the dignity of the human person should not be subject to torture and degrading and inhuman treatment. Yet widowers are not subject to similar treatments.

The Protocol states that widows should not to be subjected to inhuman, humiliating or degrading treatment, that they should automatically become the custodian of their children, unless this is contrary to the children's interests and welfare, and that they should have the right to marry the person of their choice. It also states that women and men shall have the right to inherit in equitable shares, their parent’s properties.

Article 21 Right to inheritance
In adjudicating on inheritance rights for women there is a wide gap in both law and practice. This is especially so where it allows for the application of customary law under which a marriage was enacted which varies from community to community. In most communities, a woman takes nothing with her upon dissolution of marriage. The fact remain that the legal system allowing application of customary law upon divorce puts women in very vulnerable situations because cultural norms are mostly discriminatory towards women. They therefore get a raw deal even when it comes to legal redress because the outcome will be based upon gender- biased cultural practices and the whims and caprices of gender- blind judges who are themselves products of a predominantly patriarchal culture

Gender insensitivity of laws has negatively impacted on African women in regard to access to, ownership and control of property. This is because women are either not entitled to property ownership and where they are entitled to it, they are not aware of their rights or the court proceedings are too cumbersome for them to pursue legal redress.

The protocol senses the dire need for gender responsive policies to ensure equitable access to and ownership and control of (both movable and unmovable property) as a step towards achieving the goal of women’s empowerment. It will also be a critical step towards ensuring equitable distribution of resources, poverty alleviation and overall national development.

Article 22 Special protection for elderly women
Today women it is believed that women live longer than men, since their life expectance has increased. The difference between male and female in life expectancy is a result of a combination of biological differences, such as low susceptibility to heart disease before menopause, and cultural influences, such as greater male exposure to occupational hazards. While women can look forward to longer life than men, they are expected to continue suffering from gender discrimination even in their old age.

Widowhood is more prevalent among women because they live longer and usually marry men older than themselves. Women suffer from high rates of disability at older ages because of their lack of good health care, education and nutrition in earlier life. While a longer life is said to be one of the achievements of the 20th and 21st Centuries quality of life to the extended life is a major challenge.

The rights of elderly women are being violated without them getting ant redress in many African countries. Older women are leaving their communities in fear of being killed, and, if not killed, rejected by their own families. It is not uncommon to find elderly women wandering in town and living as beggars with nobody to care for their sustenance. They sleep in corridors and are threatened by cold and other types of diseases. They are even subjected to sexual harassment.

It is sad to say that in spite of the burgeoning women’s rights movement worldwide, many elderly women, poor and nowhere to get help, suffer and are killed for mere suspicion of witchcraft. Older women in some communities deeply rooted in superstitious beliefs are being turned to scapegoats for sickness, poverty and under- development, which should have been the responsibility of governments. It is relieving to know that the Protocol puts the plight of this category of women into perspective recommending state protection for them and ensuring their right to freedom from violence including sexual abuse, discrimination based on age and the right to be treated with dignity.

Article 23 Special protection of women with disabilities
State parties are to take special measures to ensure the protection the protection of women wit disabilities and take specific measures to facilitate their access to employment, professional and vocational training as well as their participation in decision- making and also make sure they are free from violence and discrimination based on their disability.

Article 24 Protection of special women
These include women in detention, poor women and women heads of family. State parties are to ensure their protection from marginalisation and provide an environment suitable to their condition and their special physical, economic and social needs.

THE AFRICAN COURT
The promises in the Protocol cannot be actualised merely by the enactment of gender- neutral laws alone, measures have to be put in place to ensure that African women are able to enjoy the promise of the Protocol. In article 27 of the Protocol, The African Court is bestowed with the responsibility of interpretation of matters arising from the application or implementation of the Protocol. The African Commission on Human and Peoples’ Rights is to take on the duties of adjudicating matters of the Protocol pending the establishment of the African Court. The African Court was constituted in February 2006. However, it is sad to note that of the eleven Judges appointed to the court only two are women.

ENTRY INTO FORCE
The Protocol entered into force in November, 2006, thirty days after the deposit of the fifteenth Instrument of ratification. Eighteen States have presently ratified the protocol, though a few states did with reservation. The interdependence and indivisibility of all rights is a long- accepted and consistently re-affirmed principle. In practice this means that respect for one proviso cannot be separated from the enjoyment of another proviso. That means for example that genuine economic and social development requires political and educational development to participate in this process. In as much as states can make reservations to some articles before ratification, universality is a desirable principle that should guide African states in ratifying the Protocol. The fact that states could ratify with reservations is a situation of accepting the better of two evils, while none of them is desirable, the lesser evil can be tolerated. While historical, cultural and religious differences must be borne in mind, it is the duty of every state, regardless of its political economic and cultural systems, to promote and protect all human rights, especially the human tights of women because that is the most abused. I use this opportunity to call on states that have ratified with reservations to emulate the good example set by the Gambia and lift their reservation thereby cleansing their ratification.

Conclusion
The concept of equality means much more than treating all persons in the same way. Experience has shown that equal treatment of persons in unequal situations will operate to perpetuate, rather than eradicate injustice. True equality can only emerge from efforts directed towards addressing and correcting these situational imbalances. Overall, therefore, despite regional and individual efforts made by the international community and local and international NGOs to improve the status of African women, only modest progress has been made and the Protocol seems to be the light at the end of the tunnel for African women. A lot of women's human rights violations have been inadequately addressed in the Protocol and promises to be an extremely useful framework for advancing the rights of women in Africa. Only time will tell if it will actually fulfil these promises or not. But we are very expectant and that is why, as women’s human rights activists, we have been taking these giant steps that we are confident will get to the destination the protocol promises to take us. However, we must bear in mind that in the final analysis it is the responsibility of all of us, not just he government and its institutions to ensure an Africa where women enjoy their full human rights on the basis of equality with men.

Thank you

References

A Simplified Version of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 2004, BAOBAB for Women’s Human Rights, Lagos, Nigeria

Advancing Women’s Status: Gender, Society and Development, Women and Men Together, Royal Tropical Institute, Amsterdam, The Netherlands

African Union and SOAWR, Breathing Life into the African Union Protocol on Women’s Rights in Africa, (unpublished)

African Union, African Charter on Human and Peoples’ Rights

African Union, Protocol to the Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Arusa Mahin Karim, 1998, Human Rights Protection in the African Regional System, Pretoria, South Africa

Asma Abdel Halim et al, Claiming Our Place, Institute of Women, Law and Development, Washington, USA

Barbara K (2002), Gender and Debt, AFRODAD, Harare, Zinbabwe
Edward O. et al, (2000) The Cost of Globalisation, Geneva, Switzerland

http://www.awid.org

http://www.bridge.ids.ac.uk

http://www.globalrights.org

http://www.international-alert.org

http://www.siyanda.org

http://www.twnafrica.org/gera.asp
http://www.unhcr.ch

http://www.unifem.org

http://www.unifenpacific.org/gender_tradehtml

http://www.unorg/womenwatch/daw/beijing/platform/armed.htm

Margaret S. et al, African Women and Development (1995), Johannesburg, South Africa

Patricia A. Made et al, Beyond Beijing: Strategies Towards Women’s Equality, 1999, Harare Zimbabwe

The African Union Commission, (2004) The Road to Gender Equality in Africa: An Overview, Ethiopia

United Nations Convention on Discrimination Against Women, 2000, Ministry of Gender, Labour and Social Development, Kampala, Uganda

United States Research for Social Development, 2005, Gender Equality: Striving for Justice in an Unequal World, Paris, France

An Overview of the SOAWR Campaign by Caroline Muriithi, Equality Now. Nairobi,Kenya

The Birth of SOAWR

The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa was adopted in July 2003, after numerous debates and deliberation between the African Commission on Human and Peoples’ Rights and Civil Society Organisations across Africa. However after one year it was noted that only one country, The Comoros, had ratified the Protocol. This led to a number of debates and consultations among the organisations regarding the next step of action. In an effort to safegaurd the gains made for women within the Protocol four organisations namely Oxfam GB, FEMNET, Fahamu and Equality Now came together to work on a joint campaign to speed up the ratification of the Protocol. In September 2004, the coalition, the Solidarity for African Women’s Rights (SOAWR) was formed and now has a total membership of 25 organisations from across the continent.

The Campaign Strategies
• Coalition produced advocacy materials through various media such as the Special issues of Pambazuka (online newsletter), the publishing of a booklet titled 'Not Yet a Force for Freedom' and other publications.
• Press conference via TV/radio interviews and press releases were held as a way of consistently holding governments accountable while also popularizing the Protocol.
• SOAWR engaged in dialogue with member states about the progress of ratification at national level and during AU summits and learned what obstacles if any were inhibiting the progress (Nigerian Ambassador and Chair of the Permanent Representatives Committee chairs dialogue between SOAWR and Addis based Ambassadors on the status of ratification)
• In addition SOAWR used mobile phone campaign “ Text Now 4 Women’s Rights” to popularise the Protocol . The technology, used for the first time in Africa, enabled hundreds of African cell phone users to join the campaign and be updated on the progress of ratification via their mobile phones.
• Colored cards Campaign: cards were issued to member states during AU meetings (GREEN for countries that had ratified, YELLOW for countries that had signed but not ratified and RED for countries that had not signed the protocol) to encourage them in their commitments or to remind them of their lack of real commitment.
• SOAWR also established a good rapport with the AUC legal department and the AUC Directorate of Women, Gender, and Development in order to track the progress of the ratification by member states.
• SOAWR used opportunities to consistently hold governments accountable such as Solemn Declaration on Gender Equality in Africa, the Pan African women's day (29th September), the Beijing +10 review process and the treaties week of the AU Commission (which is a period that member states are urged to ratify pending protocols) to campaign for the ratification of the Protocol
• Conducted outreach activities to various women’s organisation in countries that have not ratified the Protocol for them to join the SOAWR campaign and carry on the advocacy and popularisation campaigns in their respective countries

Challenges
1. The ongoing conflicts and insecurity in many countries in Africa, such as Somalia, Sudan, Democratic Republic of Congo (DRC) and Liberia Despite these challenges countries like Somalia and Liberia have recently signed the Protocol
2. Cultural and religious conservatism and fundamentalism have hindered the campaign. In Niger, where after the government ratified the Protocol, the Parliament rejected it stating that it conflicted with Islamic teachings and withdrew the ratification, expressing concern about reproductive rights, abortion and inheritance rights.
3. Countries that were engaged in national elections such as Uganda, Mozambique, and Tanzania were mostly concerned with campaigning for the elections at the time and the Protocol was not a priorty causing a delay in ratification. Despite this set back, Mozambique ratified the Protocol
4. Ratifications with reservations- E.g the Gambia which entered four reservations at the time of ratifying the protocol however Gambia has since removed the reservations
5. Lastly weak institutional mechanisms for implementation and confusion at country level as to which ministries are responsible to ensure that the Protocol is ratified

RESULT
The Protocol became the fastest ratified HR instrument in AFRICA.

“The speed with which the Protocol came into force on 25 November 2005 set a new record for the ratification of pan-African rights standards for the continent. It is a remarkable success for all of us that have campaigned at pan-African, national and local levels to make this a reality. … In doing so we give life to the vision of the African Union as people-driven and inclusive”

H.E. Alpha Oumar Konare, Chairperson of the African Union Commission, African Union Headquarters, Addis Ababa, Ethiopia

To date 20 countries have ratified the Protocol and more are expected to ratify in the near future. SOAWR has mobilised women right organisations in 13 countries to campaign for the Protocol and these are actively engaged in the campaign in their respective countries. SOAWR has been successful in making its presence visible within the AU and elsewhere. Gambia has removed its reservations on four articles.

The campaign has now moved to the second phase, which makes an additional call for the domestication and implementation of the Protocol at the National level for those countries that have ratified it in order to ensure that its progressive provisions are incorporated into domestic/national law. SOAWR has broadened its membership base to include NGO’s involved in legal activities as well as women lawyers to encourage them to familiarize themselves with the Protocol and to campaign for its implementation at the national level.

In conclusion, the objectives of our campaign have been focused and clear and our collective energies and actions were therefore harmonized at realizing our objectives. We invite all of you to join our campaign to popularize the Protocol and to advocate for the ratification, domestication and implementation at the national level in your respective countries. Only through our consorted efforts can we ensure women throughout Africa enjoy their rights and freedoms

THANK YOU FOR YOUR ATTENTION