Women, Peace and Security: Global Initiative

Statement on the Protocol to the African Charter on Human and People’s Rights relating to Women’s Rights in Africa
Women in Law and Development in Africa (WILDAF)
Femmes, Droit et Dévelopment en Afrique (FEDDAF)
25 November, 2005

This 25 November, 2005, the Protocol to the African Charter on Human and Peoples’ Rights relating to Women's Rights in Africa enters into force.

It is with a great delight that we celebrate the event, which marks a significant turning point in the history of African women’s struggle for the recognition and the respect of their basic human rights. From this 25 November, 2005, date that we wish to engrave in gold lettering in the history of our continent, this instrument likely to do justice to women and girls of the continent will apply from now on.
On this occasion, WiLDAF would like to pay a deserved tribute to all women wherever that they are, and to women's rights activists in general, for the work, the support, courage and perseverance they showed during these last ten (10) years so that the protocol relating to women's rights has today legal existence and has force of law.

WiLDAF salutes those States that have ratified the protocol and in which the instrument can thus be applied. These are: Benin, Cape Verde, Comoros, Djibouti, The Gambia, Libya, Lesotho, Mali, Malawi, Namibia, Nigeria, Rwanda, South Africa, Senegal and Togo.

We also take advantage of this opportunity to thank the following active organisations from the very start of the process for their vision and their commitment from the very beginning, and for their active involvement in the various stages of the process of the protocol. They are: WiLDAF, African Centre for Democracy and Human Rights Studies, Inter-African Union of Human Rights (UIDH), the Inter-African Network for the Fight against Violence perpetrated against Women (RIAF-DLVF), the Sub-Regional Council for the fight against Harmful Practices to Mother and Child Health (CPTN), Women in Law in Southern Africa Research Trust (WLSA), Women and Law in Eastern Africa (WLEA), Alliance of Jurist Women (Tunisia), Concertation of Women Association Collectives of the Great Lakes sub-region, the African Centre for Gender and Development (CAGED/CEA), Femmes Africa Solidarity (FAS), the Office of the United Nations High Commissioner for Refugees. We are delighted that other organisations joined the action at the eve of the 2nd meeting of experts and also pay tribute to their determination to add their contribution to the process of adoption, ratification and implementation of the protocol.

It is appropriate, while celebrating the entry into force of this instrument, to recall in few words the course of this significant instrument. Fruit of an exemplary collaboration between the African Commission on Human and Peoples’ Rights (ACHPR) and the civil society organisations, the protocol was considered as a priority for the promotion and the protection of African women's rights during a workshop held in March 1995, organised by the African Commission in collaboration with WiLDAF/FeDDAF and the International Commission of Jurists based in Geneva.

The recommendations of the workshop advocated that a protocol on women's rights is established and that a Special Rapporteur on women's rights is appointed. The Conference of the former Organisation of African Unity (OAU) gave mandate to the Commission to initiate and coordinate the development process of the draft protocol. A working group was set up to propose a text. From the very beginning, the process was very participatory. The civil society organisations were mobilised to enrich the first version drafted by the working group. The mobilisation increased throughout the process. For, more and more organisations were interested in all the stages of the protocol development. Indeed, to a certain stage of the process, the Inter-African Committee on Traditional Practices having Harmful Effects on Women’s and Children’s Health submitted its own convention to the OAU Secretariat. The Secretariat deemed advisable to integrate this draft relating to a specific aspect of women's rights to the existing draft Protocol and to submit only one document to the General Meeting of OAU. The numerous episodes which marked out the process sometimes put the civil society in a cold sweat. One of the most difficult times was the long waiting time between the first and the second meeting of experts due to the successive deferments for absence of quorum.

But the efforts of lobbying of the civil society and the determination showed by the African Union officials responsible for the dossier forced the holding of the second meeting of experts. It was followed by that of Ministers concerned by the protocol, the Council of Ministers of Foreign Affairs. The Council of Ministers of Foreign Affairs which met prior to the Summit of the Heads of States and Government thus put the dossier of the protocol on the agenda of this summit in July 2003. Eight years after the start of the process, the protocol was thus finally adopted by the Heads of State.

Once this stage passed, then began another struggle that is its entry into force. To achieve this, 15 ratifications were necessary. The optimism that spurred on women’s rights activists shortly after the adoption of the text made them believe that the instrument could come into effect latest a year after its adoption that is in July 2004. But we had to face the evidence because one year after, only 3 countries had ratified and deposited their instrument of ratification with the African Union. Then, a new campaign was intensified towards the Heads of State and Government for a speed up of the ratification process. The latter adopted during their Summit of July 2004 a declaration known as Solemn Declaration on gender equality in which they committed themselves to make the protocol enter into force latest by the end of 2004 and to ensure that it will apply in 2005.

Confident of this commitment, women’s rights activists tried extra hard. Once again, the expectations were not met. By the end of 2004, only 3 other countries joined the list. Women organisations reinforced their strategies of lobbying from the very start of 2005. This was profitable, since on 12 October, 2005, Togo ratified the protocol and deposited the instrument of ratification on the 26th day of this month, being thus the 15th country whose ratification was expected. Finally the dream became a reality!

This is the place to pay a deserved tribute to all the partners who supported us throughout the process. I want to mention the Canadian Centre for study and International Cooperation (CECI-DCF), which supported WiLDAF and human rights organisations and women associations since the phase of development until the eve of the adoption of the protocol. We also wish to extend our acknowledgment to Open Society Institute in West Africa (OSIWA) for its support how much invaluable during the ratification phase. Finally we express our gratitude to GTZ, which also supported us.

Why the protocol is so important?
For African women, the entry into force of the protocol is an essential stage towards the recognition of rights whose daily violations cause huge sufferings. The protocol provides, as the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), a reference legal framework enabling various stakeholders and populations to daily work towards the respect of women's rights.

But more than the CEDAW, the legal framework of the protocol is the reflection of the specific violations against African women. The preamble justifies the adoption of the protocol by the maintenance of discrimination against women and harmful traditional practices, and this despite the commitments made by States on international and regional levels. It also expresses in a solemn manner the accession of leaders to the principle of gender equality.

Beyond these declarations, the protocol will allow, through its provisions, for addressing as crucial issues as the multi-sided violations of rights in marriage, violence, serious attacks to life, physical and moral integrity to women and girls security, of which no one can deny the yelling reality in our societies. While its entry into force coincides with the launching of the 16 days activism on violence against women, it is necessary to outline the particular place that the protocol as legal framework and tool must occupy from now on for the fight against gender violence in Africa. The entry into force of the protocol provides an irreplaceable framework to put an end to violations of which women and children, particularly girls, are victims in period of conflict, as civilians, refugees or soldiers, and to take up the challenge of peace in Africa, indispensable condition for development. The struggle against traditional practices harmful to the health of women and girls has to be backed by the protocol, which provides guidelines for their elimination. The economic and social rights, also vital as the right to health, including reproductive health, the right to education and the rights to succession of widows and girls, which are daily scorned by ignorance or intentionally, would be better protected if the actions taken could be built on adequate measures like those recommended by the protocol. Ultimately, there is no doubt that in the interest of hundreds of thousands of women and girls in Africa, the protocol relating to women's rights will provide a priceless support to the work of women’s rights organisations in the daily fight for a fairer world.

Finally, the entry into force will enhance the credibility of AU, which showed its commitment to promote women’s participation and gender equality, particularly parity within the AU Commission and equitable representation of Judges at the African Court of Humans and Peoples’ Rights in order to show consistency and constancy.

The entry into force of the protocol marks, all things considered, a decisive stage towards the rooting of a culture of respect and exercise of women’s human rights in African societies. We are conscious that the work must be pursued so that the protocol experiences a full application and that it truly serves for the protection of women's rights on the continent. We therefore commit ourselves to pursue the mobilisation at all levels. From now on, our work will aim at ensuring that all the 53 African States ratify the protocol, that legislative reforms start, that the provisions of the protocol apply in our courts and finally that the settlement of any dispute involving a woman is based on the provisions of the protocol in order to do justice.

Then, we call on those countries, which did not ratify to date the protocol, to do it without delay and reservation so that all women of the continent can effectively profit from this instrument likely to encourage their full development and participation in a sustainable development

We urge Burkina Faso, Guinea, Mauritania, and Zambia which have already caused their Parliament to adopt the law authorising the ratification of the protocol to take all actions to submit with the African Union Commission the instrument of ratification.

We call on those States who have ratified the protocol with reservations to withdraw these reservations.

We invite all the stakeholders who worked so far and others who will want to join us to do every thing possible to provide women’s rights and human rights organisations in general, with capacities necessary so that they can monitor and evaluate the implementation of the protocol.

Finally we want to seize the opportunity to welcome the election of Mrs. Ellen Johnson-Sirleaf as President of Liberia. This election is of good sign for the application of the provisions of the protocol, particularly its Article 9.1a which states that women shall take part in all elections without any discrimination.

WOMEN IN LAW AND DEVELOPMENT IN AFRICA (WiLDAF)
FEMMES, DROIT ET DÉVELOPPEMENT EN AFRIQUE (FeDDAF)
WEST AFRICA SUB-REGIONAL OFFICE / BUREAU SOUS-RÉGIONAL – AFRIQUE DE L’OUEST
B.P. 7755, Lomé, Togo – Téléphone (228) 222 26 79 - Fax (228) 222 73 90
Email : info@wildaf-ao.org - Site : www.wildaf-ao.org