As part of the Solidarity for African Women’s Rights (SOAWR) coalition’s
essay competition ('Why is the Protocol on the Rights of Women in
Africa important to you?'), Eunice Kilonzo discusses the strengths and
limitations of the protocol.
The Protocol on the rights of women in Africa is important to me due to
two major reasons, and probably even three, that it safeguards. First, I am an
African, a woman and thirdly a youth. As an African young woman as well as
other youths, we are a special resource that requires special attention not
only because of the demographic bonus but also of the inert energy that we
possess. We are a formidable creative resource that can be harnessed for
Africa’s socioeconomic development. The Protocol is important to me as when the
African heads of state will be convening in Malabo, Equatorial Guinea they will
be discuss about me, about my fellow youths and about our empowerment. The
theme of the summit is ‘Youth empowerment for sustainable development’.
In order to achieve the positive outcomes in the areas of education,
employment, health and citizenship, to fight poverty among the youth, a
holistic approach to youth development has become an urgent matter that should
be focused on. The African Youth Charter and its rapid entry into force, the
celebration of the Year of African Youth in 2008 and the annual celebration of
the African Youth Day every 1st November, the declaration of a Decade
(2009-2018) for Youth development, and its approved 10 year-plan of action, are
convincing evidences that confirm the continental impetus to the African youth
development.
Over time, the youths have been reminded that they are the leaders of
tomorrow. However the proverbial tomorrow never comes. As a youth I believe our/my
tomorrow has come, our tomorrow in now. Thus by understanding and knowing what
the Protocol entails then we will be taking the first steps towards understanding
how to achieve sustainable development. Statistically, about 62% of Africa’s
overall population fall below the age of 35 and more than 35% are between 15
and 35 years old. Six thousand (6,000) young people are infected with HIV/AIDS
everyday all over the world; most of them girls in Sub-Saharan Africa.
On 26 October 2005, the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa received its 15th
ratification, meaning the Protocol entered into force on 25 November 2005. This
date was also significant as it also coincided with the start of the
international 16 days of activism on ending violence against women. This marked
a milestone in the protection and promotion of women’s rights in Africa,
creating new rights for women in terms of international standards.
The Protocol is very crucial for the protection and promotion of women’s
rights. For instance in its first Article it calls for equality for all by
eliminating discrimination against women. The Protocol urges States Parties 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. This Protocol in my opinion is the architecture
essential for change. This in a nutshell means that it advocates for the
changing of negative power relations, gender inequality and the disempowerment
and impoverishment of women in Africa.
In addition, the Protocol in Article 5 calls for the legal prohibition
of female genital mutilation. It also asks for the provision of necessary
support to victims of harmful practices through health services, legal and
judicial support, emotional and psychological counselling as well as vocational
training to make them self-supporting. The Protocol further prohibits the abuse
of women through all other forms of harmful practices which negatively affect
the human rights of women and which are contrary to recognized international
standards. Thus it sets forth a broad range the social welfare rights for
women. 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 populations groups, and pregnant or nursing
women in detention are specifically recognized. This Article thus protects me
and other women from any harmful practices.
Article 6 of the Protocol states that: women and men enjoy equal rights
and are regarded as equal partners in marriage. This particular Article is
important to me because it clearly spells out that no marriage shall take place
without the free and full consent of both parties; thus forced marriages will
be a thing for the past especially in some communities in my country. Another
great provision is that the minimum age of marriage for women shall be 18
years; thus child brides are no more. Another clause of interest to me is that
upon marriage, I shall have the right to maintain my maiden name jointly or
separately with my husband's surname. Thus I will not have to go through a long
process of paper work to register a new acquired name. In addition, during the
marriage, I shall have the right to acquire my own property and to administer
and manage it freely.
Article 11 deals with the Protection of Women in Armed Conflicts. It
calls for States Parties undertake to respect and ensure respect for the rules
of international humanitarian law applicable in armed conflict situations,
which affect the population, particularly women. A third clause of the Articles
denotes that States Parties undertake to protect asylum seeking women,
refugees, returnees and internally displaced persons, against all forms of
violence, rape and other forms of sexual exploitation, and to ensure that such
acts are considered war crimes, genocide and/or crimes against humanity and
that their perpetrators are brought to justice before a competent criminal
jurisdiction. Also the States Parties shall take all necessary measures to
ensure that no child, especially girls under 18 years of age, take a direct
part in hostilities and that no child is recruited as a soldier.
The Protocol endorses in Article 12 that the States Parties shall take
specific positive action to promote literacy among women, promote education and
training for women at all levels and in all disciplines, particularly in the
fields of science and technology. They will also promote the enrolment and
retention of girls in schools and other training institutions and the
organization of programmes for women who leave school prematurely. This coupled
with affirmative action promotes the equal participation of women, including
equal representation of women in elected office, and calls for the equal
representation of women in the judiciary and law enforcement agencies.
Articulating a right to peace, the Protocol recognizes the right of women to
participate in the promotion and maintenance of peace. This addresses the
problem of negative power relations, as few if any women would be allowed let
alone be able to hold any office. Interestingly, the recently passed Kenya
constitution ensures that more women take up leadership positions. For
instance, Ms. Nancy Barasa has been nominated for the position of Deputy Chief
Justice among many other women who are at the helm of authority in my country.
This encourages me, a young woman to aspire for an office in any field
without fear of being barred by the virtue of being female. In line with Article
2 of the African Charter on Human and Peoples’ Rights, the non-discrimination
clause, which provides that the rights and freedoms enshrined in the charter
will be enjoyed by all irrespective of their sex; Article 3, states that every
individual will be equal before the law and be entitled to the equal protection
of the law. Other Articles of importance to the woman folk include Article
18(3), which is specifically about the protection of the family and promises to
ensure the elimination of discrimination against women and protect their rights.
Youth action is critical to the continents development. The Protocol
further ensures that girls and women can make equally valued contributions to
development especially in line with the Millennium Development Goals (MDGs).
For instance, the Protocol in Article 14 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. This comes in light of the many illegal abortions; pregnancy and
childbirth that cause the deaths of at least 250,000 women each year in Africa.
This means that Africa and the world at large lose a great number of its
natural resource. It reminds me of the recent shocking findings in Congo. Women
in the Democratic Republic of Congo (DRC) have been raped at a rate 26 times
higher than previously thought. The shockingly high number is equivalent to
1,152 women raped every day, 48 raped every hour, or four women raped every
five minutes. The rape itself is traumatizing enough not to mention the child
conceived from the heinous act. As innocent as the baby is, it will always be a
constant reminder to the woman of an event she would rather forget; not to
mention other difficulties compounded as a result of the assault. This goes
further to show that sexual violence in the DRC is not only a grievous mass
violation of human rights but is a security threat to the entire nation.
The Protocol states that women’s sexual and reproductive health is to be
both respected and promoted, which is predicated on women’s right to control
their fertility and by the obligation of states to provide adequate, affordable
and accessible health services. It also demands that governments establish and
strengthen existing pre-natal, delivery and post-natal services for all African
women. The Protocol enforces the right to self-protection, and to be informed
of one’s health status and that of one’s partner. It also provides for health
services to cope with the effects of HIV/AIDS.
As a youth, I feel there is a lack of connection in my country between
the ministries of justice, finance, of foreign affairs and the ministries of
gender/women. This will mean that even with the Protocol in place, the lack of
cohesion will lead to gaps in implementation and monitoring and in turn the
success of a good cause geared at development of the continent obsolete. The Protocol
addresses this concern by elaborating that the States that are signatory to
this Protocol are expected to implement and monitor the actualization of the
rights provided in the Protocol and, in particular, provide budgetary and other
resources for the full and effective implementation of the rights recognized in
the Protocol. They are also expected to report on progress in their periodic
reports to the African Commission on Human and Peoples’ Rights. I share the
sentiments of Ugandan activist Sarah Mukasa who noted, there is often a “disconnection
between the pronouncements made at regional level and the action taken
nationally and locally…domestication and implementation is riddled with
challenges that will have to be overcome if the Protocol is to benefit the
women it seeks to protect”. She goes on to identify three major obstacles in
most countries namely; weak public appreciation of the centrality of
constitutionalism and the rule of law, inadequately resourced national gender
machinery and lastly, the precedence of entering reservations on progressive
clauses.
In conclusion, I know that the Protocol on the rights of Women in Africa
is important to me as it safeguards my welfare holistically as well as that of
the future generation of women. It is upon me as a youth to be willing and ready
to use my potential for the development of mother Africa. I believe an
empowered youth is an agent of change. We are critical for the continents
development, it is our responsibility. I want to be empowered and bring the
change Africa needs. This is a luta continua. Nkozi Africa!!
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