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Africa: African Union and Women's Rights
AFRICA ACTION
Africa Policy E-Journal
July 25, 2003 (030725)
Africa: African Union and Women's Rights
(Reposted from sources cited below)
On July 11, the African Union summit in Maputo, Mozambique adopted
the Protocol to the African Charter on Human and Peoples' Rights on
the Rights of Women in Africa. The protocol will enter in force
after it has been ratified by fifteen states. This posting
contains two press releases on this important step to establish a
legal framework for protection of womens' rights throughout the
continent, and a report from a gathering of women's organizations
before the African Union summit noting needed steps to make womens'
participation in the African Union more effective.
The full text of the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa can be found
through the website of the Human Rights Education Association at:
http://www.hrea.org/erc/Library/display.php?doc_id=806&category_id=31&category_type=3
The text includes separate articles on a wide range of issues, in
addition to strong general statements on elimination of
discrimination against women and respect for dignity.
Additional documents from the African Union summit are available at
http://www.africa-union.org or http://www.au2003.gov.mz
+++++++++++++++++end summary/introduction+++++++++++++++++++++++
African Union adopts protocol on the rights of African women
Equality Now
July 14, 2003
Contact: Lakshmi Anantnarayan
(212) 586-0906; [email protected]
AFRICAN UNION ADOPTS PROTOCOL ON THE RIGHTS OF AFRICAN WOMEN
RIGHT TO ABORTION ARTICULATED FOR THE FIRST TIME IN INTERNATIONAL
LAW
New York, July 14, 2003 - On 11 July 2003, the African Union
adopted the Protocol on the Rights of Women in Africa, a
supplementary protocol to the African Charter on Human and Peoples?
Rights, which was adopted in 1981. Advancing the human rights of
African women through creative, substantive and detailed language,
the new Protocol covers a broad range of human rights issues. For
the first time in international law, it explicitly sets forth the
reproductive right of women to medical abortion when pregnancy
results from rape or incest or when the continuation of pregnancy
endangers the health or life of the mother. In another first, the
Protocol explicitly calls for the legal prohibition of female
genital mutilation.
In other equality advances for women, the Protocol calls for an end
to all forms of violence against women including unwanted or forced
sex, whether it takes place in private or in public, and a
recognition of protection from sexual and verbal violence as
inherent in the right to dignity. It endorses affirmative action
to promote the equal participation of women, including the equal
representation of women in elected office, and calls for the equal
representation of women in the judiciary and law enforcement
agencies as an integral part of equal protection and benefit of the
law. Articulating a right to peace, the Protocol also recognizes
the right of women to participate in the promotion and maintenance
of peace.
The broad range of economic and social welfare rights for women set
forth in the Protocol includes the right to equal pay for equal
work and the right to adequate and paid maternity leave in both
private and public sectors. It also calls on states to take
effective measures to prevent the exploitation and abuse of women
in advertising and pornography. The rights of particularly
vulnerable groups of women, including widows, elderly women,
disabled women and 'women in distress,' which includes poor women,
women from marginalized population groups, and pregnant or nursing
women in detention, are specifically recognized.
Equality Now, an international human rights organization, convened
a meeting in January 2003 of African women's rights activists to
facilitate a collective review of the draft and coordinated
advocacy for the adoption of a text that would truly advance the
rights of African women in international law. Subsequent concerted
lobbying of African governments by non-governmental organizations
(NGOs) and networks all over Africa on a consensus text resulted in
significant gains to the original draft. The Africa Office of
Equality Now, based in Nairobi, acted as a liaison with the African
Union to push for expert discussion of the Protocol as well as
strong NGO representation in the process.
The final Protocol is indicative of the achievements that can be
made when governments and civil society use their collective
resources to advance the cause of human rights. "The adoption of
this Protocol marks a significant step forward in promoting the
rights of women within Africa and we hope lays the groundwork for
further gains for all women around the world," said Faiza Jama
Mohamed, Equality Now's Africa Regional Director.
Amnesty International
Press Release: African Union: Adoption of the Protocol on the Rights of Women
AI Index: AFR 01/007/2003 (Public)
News Service No: 175
21 July 2003
African Union: Adoption of the Protocol on the Rights of Women -
positive step towards combating discrimination and violence against
women The African Union's (AU) adoption of the Protocol on the
Rights of Women in Africa is a significant step in the efforts to
promote and ensure respect for the rights of African women.
Adopted on 11 July 2003, at the second summit of the African Union
in Maputo, Mozambique, the Protocol, among others, requires African
governments to eliminate all forms of discrimination and violence
against women in Africa and to promote equality between women and
men.
The Protocol also commits African governments, if they have not
already done so, to include in their national constitutions and
other legislative instruments these fundamental principles and
ensure their effective implementation.
In addition, it obligates them to integrate a gender perspective in
their policy decisions, legislation, development plans, and
activities, and to ensure the overall well-being of women. The
Protocol will enter into force after fifteen states have ratified.
In March 2003, Amnesty International urged the African Union
ministerial meeting convened in Addis Ababa, Ethiopia to agree on
the measures to be included in the Protocol to include provisions
that would ensure greater accountability of states to eliminate
prejudices and practices that impede African women's rights to
equality and freedom from discrimination. The organization also
reiterated the need for African governments to send a clear message
that the human rights of women are inalienable, integral and
indivisible part of internationally human rights.
"Now that the Protocol has been adopted, African governments should
show their commitment to end discrimination and violence against
women by ensuring a speedy and full ratification to pave the way
for a prompt entry into force of the instrument, and its effective
implementation," Amnesty International said.
If fully ratified and implemented, the Protocol could become an
important framework for ending impunity for all attacks on human
rights of women in Africa." We urge all the fifty-three member
states of the African Union to pursue the process of ratification
within the shortest possible time," Amnesty International said.
Background
The Protocol to the African Charter on Human and Peoples' Rights on
the Rights of Women in Africa was adopted on 11 July 2003 by the
Assembly of the African Union second summit in Maputo Mozambique.
The Protocol will enter into force thirty (30) days after the
deposit of the fifteenth (15) instrument of ratification. The
Protocol will complement the African Charter in ensuring the
promotion and protection of the human rights of women in Africa.
Its provisions include the right to life, integrity and security of
person, right to participation in the political and decision making
process, right to inheritance, right to food security and adequate
housing, protection of women against harmful traditional practices
and protection of women in armed conflict. Others include access of
women to justice and equal protection before the law.
The implementation of the Protocol will be supervised by the
African Commission on Human and Peoples' Rights, the body
established to monitor compliance of states parties to the African
Charter, pending the establishment of the African Court on Human
and Peoples' Rights. Also, states parties to the Protocol commit
themselves to indicate in their periodic reports to the African
Commission the legislative and other measures undertaken to ensure
the full realization of the rights recognized in the Protocol. The
first African Union Ministerial Conference in May 2003 in Kigali,
Rwanda calls upon member states of the AU to take all necessary
measures for early adoption, ratification of the Protocol.
[Public Document - For more information please call Amnesty
International's press office in London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW. web:
http://www.amnesty.org For latest human rights news view
http://news.amnesty.org]
MAPUTO DECLARATION ON GENDER MAINSTREAMING AND THE EFFECTIVE
PARTICIPATION OF WOMEN IN THE AFRICAN UNION
June 24, 2003
Preamble
We, the representatives of African women's organizations and
networks working on gender and development issues, gathered on the
eve of the 2nd Ordinary Session of the Assembly of Heads of State
and Government, at a women's pre- summit meeting, convened by the
Foundation for Community Development (FDC) in collaboration with
UNIFEM (Southern Africa Regional Office), Femmes Africa Solidarit�
(FAS), African Centre for Constructive Resolution of Disputes
(ACCORD), Centre for Human Rights (University of Pretoria),
Southern African Development Community (SADC) Gender Unit, Forum
Mulher, Women and Law in Southern Africa (WLSA) Mozambique, and the
African Women's Development and Communication Network (FEMNET) in
Maputo, Mozambique from 23 to 24 June 2003.
Welcoming
- The recognition of the promotion of gender equality as a key
principle and goal of the African Union; and
- The adoption, by Heads of State and Government, of the principle
of 50% gender representation in the African Union.
Affirming our support for the outcome of meetings as embodied in
the:
- Durban Declaration on Gender and Mainstreaming and the Effective
Participation of Women in the African Union (30 June 2003); and
- Dakar Strategy on Mainstreaming Gender and Women's Effective
Participation in the African Union (26 April 2003).
Appreciating the role and contributions of the African Women's
Committee on Peace and Development on the Continent.
Acknowledging
- The establishment of the Women, Gender and Development
Directorate in the office of the Chairperson of the African Union;
- The entrenchment of the Statutes of the African Union Commission,
of the principle of gender equality in the recruitment of the
Commission's senior staff and top management;
- The opportunity for civil society participation in the activities
of the African Union through the Economic, Social and Cultural
Council (ECOSOCC); and
- The efforts of Heads of State and Government in their endeavour
to address poverty through the New partnership for Africa's
Development (NEPAD).
Welcoming
- The progress made in the elaboration of the draft Protocol to the
African Charter on Human and Peoples' Rights on the Rights of Women
in Africa; and
- The openness of the NEPAD Secretariat to the secondment of gender
specialists and opportunities for gender mainstreaming.
Concerned that:
- Despite commendable action by Heads of State and Government in
mainstreaming gender, there is need for concerted acceleration of
the process;
- There is as yet no provision for a Specialized Technical
Committee on Gender;
- The Women, Gender and Development Directorate is severely
under-resourced;
- There is no mechanism for dialogue between women's organizations
and networks and the key decision-making structures of the African
Union;
- The Pan-African Parliament Protocol provision that at least one
of the five representatives from each Member State must be a woman,
is inadequate;
- There is an acute under-representation of women ambassadors and
other plenipotentiaries accredited to the African Union;
- Despite the Continent having the highest incidence of maternal
mortality in the world, legal, policy, programmatic and budgetary
interventions are not commensurate with the gravity of the
challenge;
- Certain discriminatory and harmful practices expose women to
dying during pregnancy and birth;
- Discriminatory laws and harmful traditional practices continue to
exacerbate the high incidence of HIV/AIDS, particularly among women
and girls;
- Certain parts of the Continent are experiencing famine and Africa
is become a dumping ground for genetically modified food and seeds;
- Women in agriculture face many constraints, including inadequate
access to credit, information and the acquisition of skills;
- Despite the fact that women are responsible for up to eighty
percent of the total food production in Africa, they generally lack
access to, and control and tenure of, land; and
- War and conflict negatively impact on women in that among other
things, it disrupts women's major source of livelihood and food
security.
Recognising the need:
- To elaborate and implement an African Union Gender Policy and
Declaration;
- For an effective gender mainstreaming strategy and efficient
coordinating framework for managing gender issues on the continent;
- For sensitization on gender issues throughout the African Union;
and
- To clarify the status and role of the African Women's Committee
on Peace and Development.
Reaffirming our commitment to building strategic partnerships at
all levels and in the activities of the African Union, we hereby
recommend the following to the 3rd Ordinary Session of the Council
of Ministers and the 2nd Ordinary Session of the Heads of State and
Government of the African Union:
A. African Union
- That an African Union Gender Policy and Declaration, as well as
a gender mainstreaming strategy and coordinating framework, are put
in place as soon as possible;
- That a Specialized Technical Committee on Women and gender be
established under Article 14 of the African Union Constitutive Act;
and
- That adequate resources be availed for the work of the Women,
Gender and Development Directorate.
B. Participation of African Women in the Organs of the African
Union
- That the Pan African Parliament Protocol should be amended to
allow for at least two women representatives out of the five
representatives from each member country;
- That the Economic, Social and Cultural Council ensures gender
parity in its membership; and
- That a high level mechanism is provided for dialogue between
women's oganizations and networks and the key decisionmaking
structures of the African Union.
C. Draft Protocol to the African Charter on Human and Peoples'
Rights on the Rights of Women in Africa
- That the Draft Protocol is adopted and the mechanism for
ratification be put into place as to reinforce it as soon as
possible;
- That Member States consider withdrawing reservations entered to
Articles of the draft Protocol with a view to strengthening the
final Protocol.
D. The New Partnership for Africa's development (NEPAD)
- That the establishment of a task team to ensure that specific
issues faced by poor women are addressed in poverty reduction
strategies, as envisaged in para 119 of the NEPAD, be expedited;
and
- The rapid implementation of paragraphs 132-137 of the NEPAD,
pertaining to agriculture
E. Maternal Mortality
- The adoption of concrete legal, policy and programmatic
interventions to curb the high incidence of maternal mortality;
- Prioritising the commitment of adequate financial resources to
health care services and measures aimed at reducing maternal
mortality, at a regional and national levels; and
- Eradicating discriminatory and harmful practices against women
that expose them to dying during pregnancy and birth.
F. HIV/AIDS
- That all Member States establish as a matter of national
security and stability, comprehensive laws and strategies to fight
the HIV/AIDS pandemic;
- That HIV/AIDS policies and programming interventions take due
cognizance of the gender implications of the pandemic.
G. Agriculture
- That Member States adopt and implement policies and legislation
to ensure equal access to, and control and ownership of, land by
women;
- The introduction of measures to facilitate women's access to
credit, information and skills training;
- That Member States acknowledge that food security strategies
imply necessarily the empowerment of rural women; and
- The establishment of an African food bank reserve to be used in
cases of emergency.
Done in Maputo, Mozambique on 24 June 2003.
ABANTU for Development (Regional Office for East and Southern
Africa Office)
Africa Gender Institute University of Cape Town
African Center for the Constructive Resolution of Disputes (ACCORD)
African Union Women, Gender and Development Directorate
African Women's Committee on Peace and Development (AWCPD)
African Women's Development and Communication Network (FEMNET)
Akina Mana wa Africa
Associacao das Mulhers Empresarias
Associacaon das Mulhers Juristas de Mozambique
Association Nationale de Soutien aux Enfants em Difficulte et em
Institution (ANSEDI)
Association Tunisienne des Meres
Center for Human Rights, University of Pretoria
Center for Reproductive Rights
Commissao Africana dos Direitos Humanos e dos Povos
Commission on Gender Equality South Africa
Development Bank of South Africa
Economic Commission of Africa African Center for Gender and
Development
Embassy of Finland, Maputo
Equality Now Africa Regional Office
Femmes Africa Solidarite (FAS)
Forum do ONG Femininas de Norte, Provincia da Zambezia
Forum for Africa Women Educationalists (FAWE)
Forum Mulher
Fundacao para Desenvolvimento da Communidade (FDC)
Gabinete Juridico da Mulher, Pemba, Mozambique
Ministerio de Coordinacao da Accao Social, Mozambique
Ministerio de Saude, Mozambique
Modeste, Societe Civile du Congo DRC et OPDAL
Muleidi
Office for the Status of Women, Northern Cape, RSA
PACFA (First Lady's Office Rwanda)
SADC, Gender Unit
SADC, Parliamentarians
South African High Commission
Southern African Research and Documentation Centre (SARDC)
UNDP
UNFPA
UNHCR
Uniao Geral das Cooperatives (UGC)
WLSA, Mozambique
WWGG
Women and Law in Southern Africa (WiLSA)
Women's Caucus, Assembleia da Republica da Mozambique
Women in Law and Development in Africa (WiLDAF)
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Date distributed (ymd): 030725
Region: Continent-Wide
Issue Areas: +gender/women+ +political/rights+ +security/peace+
The Africa Action E-Journal is a free information service
provided by Africa Action, including both original
commentary and reposted documents. Africa Action provides this
information and analysis in order to promote U.S. and
international policies toward Africa that advance economic,
political and social justice and the full spectrum of
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