by Saeanna Chingamuka – SANF 05 No 105
The coming into force of a protocol that seeks to protect the rights of African women could not have come at a better time than during the 16 Days of Activism Against Gender-Based Violence, running from 25 November to 10 December.
The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, which provides guidelines on elimination of all practices that are harmful to the health of women and girls, came into force on 27 November, just over a month after the requisite 15th ratification.
Sixteen Days of Activism Against Gender-Based Violence is a global annual event dedicated to raising awareness around gender violence. This year’s theme is “For the Health of Women, For the Health of the World: No More Violence”.
On 26 October, Togo was the 15th country to ratify the protocol following rapid advocacy campaigns since the document was adopted in July 2003. At least 15 countries needed to ratify the protocol before it could come into force.
Four countries from southern Africa – Lesotho, Malawi, Namibia and South Africa – are among the first 15 to ratify the protocol.
The protocol provides a comprehensive legal framework for women’s human rights. It also recognises and guarantees a wide range of women’s civil and political rights as well as economic, social and cultural rights, thus reaffirming the universality, indivisibility and interdependency of all internationally recognised human rights of women.
Among others, the protocol calls for the legal prohibition of female genital mutilation which is harmful to the health of women and girls, and provides guidelines for eliminating such vices.
Thus, states are required to respect, protect and promote the right to health including the right to control fertility and protection against sexually transmitted infections such as HIV and AIDS. Under the protocol, abuse of women in advertising and pornography is also prohibited.
Gladys Mutukwa of the southern Africa regional office for Women in Law and Development in Africa says of countries that have not ratified, “Our work will not end until they too show their commitment to women’s rights in Africa and become party to the protocol.”
Accession to the protocol places an obligation on governments to establish institutions and mechanisms that assure women of protection from practices and attitudes that allow the perpetration of discrimination, including differential opportunities in access to justice. Governments will also produce reports on progress.
Under the protocol, states have agreed to take specific positive action to promote equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures.
In addition, states are required to guarantee equal opportunity and access to women in the sphere of education and training; eliminate all stereotypes in textbooks, syllabuses, and the media; and protect women and the girls from all forms of abuse.
Furthermore, African countries are mandated to adopt measures to promote equality of access to employment; promote equal remuneration for jobs of equal value for women and men; ensure transparency in recruitment, promotion and dismissal of women; and punish sexual harassment in the workplace.
The entry into force of the protocol is an essential step towards the recognition of the rights of African women. The challenge remains in ensuring that the protocol is upheld and respected by all members of society.
