ASSESSING WOMEN'S LEGAL & HUMAN RIGHTS

 

Table of Contents

Acronyms

Executive Summary

1. Introduction

1.1 The African Platform for Action ( 1994)
1.2 The Beijing Declaration and Platfo m fo Action ( PFA) ( 1995)

2. Commitments

2.1 Commitments made by major specialized agencies of the United Nations
2.2 National commitments

3. Progress achieved

3.1 At the National level
3.2 Assessment of progress

4.0 Resources allocated/ activities undertaken

4.1 Mechanisms and procedures established to mobilize resources

5. Monitoring mechanisms

5.1 National level
5.2 Subregional level
5.3 Regional level
5.4 International level
5.5 Mechanisms of accountability vis- à- vis women as beneficiaries
5.6 Mechanisms for consultation and dialogue between Governments and NGOs
5.7 Decision- making process
5.8 Non- availability of reliable statistics and the effort to exploit data
5.9 Degree of relevance of the mechanisms

6. Results and recommendations of some follow- up meetings, conferences and consultations

6.1 Regional level
6.2 Subregional level
6.3 International level

References

Box 1: Statistiscs on women's human rights

 

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Acronyms

ACW African Center for Women
AWCPD African Women Committee on Peace and Development
CEDAW Convention on the Elimination of All Discrimination against Women
CWD Committee on W men in Development
ECA Economic Commission for Africa
ECOWAS Economic Community of West African States
FEMNET African Women s Development and Communication Netw rk
NCWD National Commission on Women and Development
NGO Non- Governmental Organization
OAU Organization of African Unity
PFA Platf rm for Action
SADC Southern African Development Community
SRDC Sub- Regional Development Center
UN United Nations
UNICEF United Nations Children s Fund
UNDAW United Nations Division for the Advancement of Women
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific, and Cultural Organization
UNIFEM United Nations Fund for Women
UNFPA United Nations Population Fund
WILDAF Women in Law and Development in Africa

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Executive summary

This report was prepared for the Sixth African Regional Conference on Women held in A dis Ababa, Ethiopia from 22 to 26 November 1999. The report assesses the impact of the activities that Governments and United Nations agencies undertook to meet their commitments under the African and Beijing platforms for action in the previous five years. The report also includes emerging issues that participants raised during the discussions of the working group on women s legal and human rights organized during the conference.

The Beijing Platform for Action is considered one of the most comprehensive articulations of Governments commitments to the human rights of women and to gender equity. The Platform s mission asserts the fundamental principles that women s rights are human rights and that the rights of women and the girl child are an inalienable, integral and indivisible part of universal human rights. In all, 189 Governments adopted the Beijing Platform for Action committing themselves to implementing strategies to ensure the rights of women and girls in all areas, including legal rights, health, economic, political decision- making, education, situations of war and personal safety. The review undertaken at the sixth African Regional Conference on Women was to assess how far Governments have translated their commitments into action.

There are several excellent initiatives that Governments have taken. These include reviewing women s citizenship laws, legislating against domestic violence, marital rape, female genital mutilation, and improving women s access to matrimonial and communal property. Governments have cooperated with and supported non- governmental organizations ( NGOs) to provide women with legal literacy and legal aid services as a strategy for improving women s own knowledge of their rights. These initiatives are applauded and Governments are encouraged to keep up their commitments with legislative and policy changes.

Subregional and regional political, social and economic groupings, such as SADC, have taken initiatives to promote women s rights. Governments at these levels have cooperated and made declarations that have furthered their commitments under the Dakar and Beijing Platforms for Action. United Nations agencies have provided the much needed technical and financial resources to Governments and NGOs, thereby adding value to grassroots, local and national initiatives.

More action is still required, especially in the development of data and services for the promotion of women s rights issues, including legal aid, legal literacy programmes and further legislative reviews of the legal status of women.

It is expected in the next five years that Governments would carry out bold and far- reaching activities to speed up the implementation of the Platforms for Action.

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1. Introduction

1.1 The African Platform for Action ( 1994)

During the lead- up to the Fourth World Conference on Women, African Governments and non- governmental organisations met in Dakar, Senegal, in November 1994 for the Fifth African Regional Conference on Women in preparation for Beijing. This meeting adopted the African Platform for Action. The African Platform for Action was then endorsed as the African common position for the advancement of women by the Heads of State and Government of the Organization of African Unity ( OAU) meeting at its thirty- first ordinary session in Addis- Ababa, Ethiopia in June 1995.

In the area of women s human rights, the African Platform encapsulates the commitment of African Governments to ensure the implementation of all the human rights conventions and instruments signed and ratified by each African State. The African Governments proposed firmer strategies to promote the rights of women including calling upon all States that had no yet done so, to ratify the Convention on the Elimination of all Forms of Discrimination against Women, ( CEDAW) . Three more have withdrawn their reservations by signing and ratifying the Convention.

The African Platform for Action was instrumental in influencing the final Beijing Platform for Action. The African Platform for Action indeed introduced the significant issue of the girl- child in the discussions at the Beijing World Conference on Women. African women argued effectively that the concerns of girl- children have an impact on their future lives. These concerns include violence, sexual abuse and neglect at the policy and legislative levels.

In particular, the African Platform for Action noted that there was a marked increase in cases of violence against women in domestic, private or public places, exacerbated by gender bias in the administration of justice, by conflicts that arise between the rights of women and certain traditional and customary practices and prejudices, and by situations of armed conflict.

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1.2 The Beijing Declaration and Platform for Action ( PFA) ( 1995)

The Beijing Platform for Action, the final product of the Fourth Worl Conference on Women, recognizes that human rights and fundamental freedoms are birthrights of all human beings and that Governments have prime responsibility for the protection and promotion of human rights. The PFA calls for full respect for the human rights of all and, in particular, of women who suffer more abuses due to their gender.

The PFA notes that many women have a ditional barriers to the enjoyment of their human rights caused by such factors as race, language, ethnicity, culture, religion, disability or socio- economic class. Particular groups such as immigrants, displaced women and refugees are also at risk. Furthermore, in many countries, lack of awareness of the existing basic rights is an obstacle to women s full enjoying of their rights.

In a ressing the issue of women s enjoyment of their human rights, Governments and other actors should promote an active and visible policy of mainstreaming gender in all policies and programmes, ensuring that their effects on women and men are first analysed before important policy decisions are taken.

The PFA proposes the following three strategic objectives to be pursued by Governments and United Nations organizations in the area of women s human rights:

Strategic objective l: To promote and protect the human rights of women through the full implementation of all human rights instruments, especially CEDAW, reporting on schedule to the Committee on the Elimination of Discrimination against Women, as well as tackling the growing problem of trafficking in women and children ( para 230 ( 1) , ( n) of the PFA) ;

Strategic objective 2: To ensure equality and non- discrimination under the law and in practice. To take urgent action to combat and eliminate violence against women, especially the practice of female genital mutilation ( FGM) ( Paras( g) and ( h) of the PFA) ; and

Strategic objective 3: To achieve legal literacy

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2. Commitments

In the four years since the adoption of the PFA, action taken by United Nations agencies, Governments and regional or subregional organizations has varied in both their intensity and their specific results. There are many excellent examples of organizations implementation of the strategic objectives in the area of human rights at all levels. In particular, the Optional Protocol to the Women s Convention is a significant achievement at the international level, just as is the adoption of an Optional Protocol on Women s Rights by the African Commission on Human and People s Rights at the regional level. However, it remains to be seen whether both optional protocols will be ratified in order to make them effective tools for the benefit of individual women.

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2. 1 Commitments made by major specialized agencies of the United Nations

Within the last few years, United Nations agencies have implemented various programmes and activities with a rights- based approach. Notably, UNHCR, United Nations Development Programme ( UNDP) , United Nations Development Fund for Women ( UNIFEM) and United Nations Population Fund ( UNFPA) are committed to a rights- based approach that promotes women s rights as human rights.

2.1.1 United Nation Development Fund for Women (UNIFEM)

UNIFEM is committed to promoting women s human rights, to eliminating all forms of violence against women and to transforming development into a more peaceful, equitable and sustainable process. UNIFEM s approach to promoting women s human rights and eliminating violence against women is focused on:

( a) Building the capacity of women and women s organizations to advocate for women s human rights nationally, regionally and internationally;

( b) Developing and investing in strategies and programmes to prevent and eliminate violence against women and girls. The proposed initiatives for support are community, government and the international community actions.

In the post- Beijing era, UNIFEM remains committed to advancing the PFA, and has focused on the following two key activities in the area of human rights: the implementation of CEDAW and violence against women. Within the African region, UNIFEM has sought to strengthen the capacity of women s human rights advocates by building understanding about how human rights laws and policies function and how to gain access to them and put them to work for women. The implementation of CEDAW is a primary focus of this work.

2.1.2 United Nations Population Fund (UNFPA)

UNFPA is committed to uncovering violence against women and to working with Governments, NGOs and civil society in general, to change practices detrimental to women s equal claim to a life with dignity. Although violence against women is the most pervasive women s rights violation in the world, it is the least recognized and documented. Therefore, UNFPA seeks to support research and surveys to identify the prevalence of domestic violence and establish databases on gender- sensitive indicators such as women s perception of their sexual and reproductive rights. UNFPA also recognizes that the reproductive and sexual health of women is affected by violence. In addition to rape and assault, gender- based violence includes harmful traditional practices such as female genital mutilation ( FGM) . Through research UNFPA proposes to support legislative changes and develop programmes to counter gender- based violence.

2.1.3 United Nations Children's Fund (UNICEF)

UNICEF is committed to the eradication of violence against women and girls through its programmes and policies. UNICEF believes that total eradication of violence against women will involve lobbying to ensure that women have equal citizenship. It is only when women and girls gain their places as strong and equal members of society that violence against them will be viewed as a serious crime. This includes a strong stand on the issue of FGM as a violation of the human rights of girls and women.

2.1.4 United Nations Commission on Human Rights

In adopting the Vienna Declaration and Programme of Action, the World Conference on Human Rights designated the Commission as the main inter- governmental body in the United Nations to deal with human rights. The Declaration specifically reaffirms that the human rights of women and girls are an inalienable, integral and indivisible part of universal human rights. The Commission, is therefore, committed to promoting the rights of women, particularly in regar to violence against women. The Commission is working to eradicate discrimination and violence against women and has already mounted a campaign for the universal ratification of CEDAW.

During the 55 th session of the Commission on Human Rights held from 22 March to 30 April 1999, a new item, the integration of the human rights of women and a gender perspective, with a sub- item on violence against women, was included in its agenda.

2.1.5 United Nations High Commissioner for Refugees (UNHCR)

UNHCR is mandated to deal with to refugee issues around the world. Women refugees are often victims of abuse not only in their countries of origin but in their countries of refuge and asylum. Gender- based violations are often adopted as tactics of war and terrorism and women are vulnerable because of their gender. UNHCR is committed to mainstreaming a gender equality perspective in all its operations, focusing on the following key areas:

( a) Promotion of the human rights and equality of women through a rights- based approach;

( b) Empowerment of women; and ( c) Prevention of and response to violence against women.

2.1.6 United Nations Educational, Scientific and Cultural Organization (UNESCO)

UNESCO is committed to ensuring that equality of access to education and opportunities between the sexes are prerequisites for achieving evelopment. The right to education is a right that this agency monitors through its programmes and activities. The agency also calls for the eradication of discrimination and sexual harassment in all places of learning.

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2.2 National commitments

After the Fourth World Conference on Women in Beijing, all African Governments committed themselves to implementing the critical areas of the PFA. A preliminary analysis shows that the largest number of commitments made cocerned legal reforms to ad resse women s right to gender equality. Governments committed themselves to revising existing laws or to introducing new laws and regulations for advancing the status of women and eliminating de jure discrimination. The Governments commitments included the provision of legal literacy and the development of laws and policies to protect women from violence.

Some indicators of Governments commitments to the African and Beijing Platforms for Action on women s legal and human rights are based on the following objectives:

Algeria

To make amendments to the family law adopted in 1984 aimed at promoting equality between men and women;

To establish an agency where women can seek help and learn to defend their rights.

Angola

To recognise the human rights of women identified as a critical area of concern.

Botswana

To establish integrated measures to prevent and eliminate violence against women. To study the causes and consequences of violence against women and the effectiveness of preventive measures.

Burkina Faso

To eliminate violence, study its causes and consequences, and eliminate trafficking of women and forcing them into prostitution. To eliminate violence against the girl- child and end discrimination in educational institutions.

The Congo

To review all existing legislation in order to improve the legal status of women by the year 2000.

Egypt

To review all legislation relating to women, eliminate conflicting legislation and ensure implementation of existing laws and legal literacy. To provide information in schools, enhance the image of women and create awareness about rights.

Equatorial Guinea

To promulgate laws to protect women in the following areas: material separation, widowhood, childlessness, inheritance, family planning, f o r c ed marriage.

Eritrea

To ensure that all inherited ( residual) laws that detract from the efforts to acknowledge the decisive role of women in socio- economic and political life are reformed.

Ethiopia

To ensure respect for the human rights of women, including equal economic, social and political rights.

The Gambia

To review the National Women s Council Act of 1980. To tackle violence against women in compliance with CEDAW provisions.

Ghana

To enact legislation to protect women s property rights. To review laws to ensure effectiveness in eliminating violence against women. To strengthen institutional mechanisms so that women and girls can report acts of violence against them in safe and confidential environments;

To allocate adequate resources in the government budget and include community resources for activities relating to the elimination of violence against women;

To promote research, collect data and compile statistics on violence against women.

Guinea

To improve the legal framework; To ensure women s enjoyment of their human rights and participation in public life;
To promote legal literacy by distributing legal texts; and to apply sanctions to combat violence against women.

Lesotho

To set up a Law Reform Commission to review and revise all laws which discriminate against women.

Malawi

To eliminate sexual harassment in the workplace and enact and reinforce relevant laws relating to violence against women.

To establish, put in operation and support mechanisms for victims of violence;

To etermine the extent and nature of violence against women.

Mali

To focus on women s rights, guarantee equality of men and women before the law and eliminate violence against women.

Mauritius

To enact a Domestic Violence Act. To conduct a survey to identify impediments to the implementation of laws aimed at women s human rights;

To promote awareness, revise legislation, give free legal advice, provide access to courts, and promote research on domestic violence. To train judges. ; change discriminatory legislation, that is the penal code on family law rights to acquire and dispose of property, divorce, adoption, parental powers, age of consent; and research into existing laws.

The Niger

To combat violence against women; train women and men to combat violence.

Nigeria

To consider establishing an insurance scheme for Women experiencing the difficulties of ivorce, widowhood and any other unforeseen circumstances.

To evelop advocacy programs on violence against women and establish legal aid clinics for women;

To eliminate violence against women and trafficking in women effective measures; To reduce excessive military expenditures and control the availability of ammunition.

Senegal

To identify human rights as a critical area of concern.

Seychelles

To review existing legislation as it affects women and enact a law to protect women against violence.

Sierra Leone

To ensure the formulation and implementation of policies and laws that are in harmony with CEDAW and facilitate and support the harmonization of customary laws with national laws;

To embark on legal literacy programmes.

South Africa

To create national consciousness on violence against women;

To increase the provision of shelter for battered women. South Africa committed itself to ratifying CEDAW by the end of the Fourth World Conference on Women.

The Sudan

To secure all women s rights.

Swaziland

To promote legal education, sensitize law- enforcement agents and promote para- legal training and medical counselling for victims of violence.

Tunisia

To strengthen the rights of women, encourage acceptance of partnership and equality between men and women, beginning in early childhood;

To eliminate all forms of discrimination, evelop data banks and prepare training modules on women s rights.

Uganda

To sensitize medical and government officials to address the special reproductive health needs stemming from violence;

To promote general health and education; The country s Domestic Relations Bill is intended to become laws affecting women s relationships in the family, marriage, divorce, property rights, sexual offences and succession;

To reform legal processes so as to improve women s access to justice; and to develop the capacity of law- enforcement agents to administer justice in a gender- responsive manner.

Tanzania

To revise all discriminatory laws and enact positive non- discriminatory laws.

To educate at least of 30 per cent of women ontheir rights by the year 2000.

Zimbabwe

To revise all laws to comply with CEDAW, for example the communal lands act and the Guardianship act; and to produce a booklet on legal rights.

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3. Progress achieved

3. 1 At the National level

Algeria - ratified CEDAW with reservations in 1996. The Government implemented a programme to sensitise police officers on gender- based violence, and increased the number of women police officers in the police academy.

Angola - The Government supported legal literacy programmes to combat violence against women.

Botswana - amended its Constitution in 1995 to facilitate equal rights between women and men citizens. In 1996 it amended it to facilitate women s access to community property. Botswana ratified CEDAW in 1996.

Burkina Faso - formulated a law in 1996 amending the penal code to punish parents, traditional practitioners and all those aiding and abetting FGM.

The Central African Republic, Djibouti Tanzania, Uganda, South Africa, Senegal, Burkina Fa o, Ghana, and Togo - have banned FGM.

Côte d Ivoire - in 1998, made amendments to its laws relating to domestic violence and introduced stricter laws to protect women from sexual harassment, rape and defilement.

Chad - the Government established a National Commission on human rights. Six women sit on the Commission. The Government set aside funds to disseminate CEDAW in the local languages.

Djibouti - adopted a law against FGM and developed a project to create awareness on marital violence.

Eritrea - . adopted and ratified a progressive Constitution on May 23 1999 that favours the rights of women and their equal participation in political, economic, social and cultural activities. The Constitution reflects the spirit of equality and protects the fundamental rights of human beings with no discrimination on any basis. Article 7 of the Constitution prohibits any act that violates the human rights of women or limits or thwarts their role and participation. The revised articles of the civil code on marriage and the family exclude the adoption of cultural and traditional practices and ensure equal rights for women and men. The proclamation on land gives women equal ownership rights.

Guinea - The Government supported the establishment of a women s legal aid clinic, developed legal literacy programmes to promote women s legal aid clinic and developed legal literacy programmes to promote women s citizenship rights. Legislation has also been made to adjust the minimum age for marriage to protect young girls from premature marriage.

Kenya - amended its Constitution in 1997 to include gender- based discrimination. An amendment was also effected in the Constitution to promote affirmative action in the appointment of nominal members of Parliament. The constitutional amendment also provides for the granting of legal aid as a human right for all Kenyans.

Liberia - the national legislature ratified CEDAW on September 1998. The Government supported the translation of the Beijing Platform for Action into local languages. The Government is reviewing its laws to harmonize them with international law.

Mali - the Ministry of Justice broadcast special radio and television programmes on women s rights in the local languages.

Madagascar - The Government supported the translation of CEDAW into the local language.

Mauritius - amended its laws in 1997 to outlaw domestic violence.

Rwanda - The Government translated CEDAW into the local languages and created a Human Rights Commission to monitor human rights issues. The Government made a special report to the 1996 session of the CEDAW Committee on the impact of the genocide on women.

São Tomé - The Government adopted a law outlawing FGM.

Senegal - adopted new laws in January 1999 to criminalize FGM, domestic violence, marital rape, sexual harassment, child molestation and all forms of violence against women.

Seychelles - revised its penal code in 1996 to make provision for specific kinds of violence, including sexual harassment. The amendments include review of the penal code to give better and effective protection to women. Another significant legislative amendment undertaken was the adoption of the maintenance orders reciprocal enforcement Act of 1997 that provides women and children with maintenance. The Government is proposing to introduce an Act for the prevention of domestic violence that gives protection to women. The proposed Act offers easier access to restraining and protection orders in cases of violent threats and harassment by the spouse. The Evidence Amendment Act of 1995 makes provision for abused children or women to give evidence in court either in chambers or via short- circuit television, accompanied by friends or relatives who can offer emotional support. Joint efforts are ongoing with the Ministry of Social Affairs and Probation to sensitize and train officers on the management of domestic violence cases. The personal and social education programme of the Ministry of Education has recently incorporated relevant issues in the preventive education regarding violence against women. Preventive education regarding domestic violence is also included in the family education package of the family centre in the Ministry of Social Affairs and Manpower Development.

South Africa - the Ministry of Justice adopted a policy document in 1997 that enacted the Government s commitment to deal with sexual offences. The policy document was designed with the input of NGOs. The South African Truth and Reconciliation Commission included in its terms of reference special hearings on violations on Women s Human Rights.

Tanzania - enacted three laws that promote women s rights; these were the sexual offences special provisions act of 1998, the Land Law act of 1999 and the Village Act of 1999. The first law protects women, girls and children from sexual harassment and abuse. The last two laws repeal and replace previous laws on land matters that discriminated against women s rights to enjoy equal rights with men in land ownership.

Togo - the Government established legal centres to provide women with legal aid services. A law was passed outlawing FGM.

Tunisia - passed a law setting the minimum age for marriage at seventeen years.

Namibia, South Africa, Zambia and Zimbabwe - introduced violence tribunals as a measure to sensitize the public, policy makers and law- enforcement agents to the adverse effects of violence against women. Namibia passed the Married Persons Equality bill in 1996 to enable women to obtain equality with their husbands before the law. Namibia passed a new law on the rights of women to participate in decision- making, and reviewed laws on women s rights to property, and their access to credit, social security, health and education.

Uganda - developed a progressive law relating to land and enacted the Land Act in l998. The Act provides for women to have access to, own and manage land. Amongst other things, the Act guarantees women s representation in all land committees and tribunals, protection of women s interest in land matters, and consent of the female spouse before any transactions can be undertaken on land which a family uses for subsistence. It is envisaged that the full implementation of this act will benefit women whose ownership and participation in matters relating to land has been very minimal. The Ministry of Gender, Labour and Social Development, being the national machinery for women, is carrying out consultations for the establishment of an equal opportunities commission. There is a draft domestic relation s bill that seeks to give women better protection in marriage and ensure their ownership and control of family property. The Government has initiated a national pilot para- legal programme in one district covering only one county. The programme provides community- based legal education and awareness on the human rights of women. The establishment of special family and children courts has been provided for under the law. In the police force a special unit, Childcare and Family Protection Unit, has be established to handle matters relating to offences committed by and against children and within families.

Zambia - amended its Constitution in 1997 to include gender- based discrimination. The Government has, through the Zambian Police service, introduced a victim support unit which deals with cases of gender violence and related crimes. The Government is planning to introduce legislation on domestic violence. To protect women and men s right to inheritance, the Government has enacted the Inter- State law to change and integrate the various customary laws and practices relating to succession.

Zimbabwe - amended its inheritance laws in 1997, to protect the deceased breadwinner s property. The amendments also established equity between boys and girls. All the information is contained in specific country reports submitted to the African Center for Women ( ACW) of the Economic Commission for Africa, in 1999, in preparation for the mid- decade review of the implementation of the Platform for Action.

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3. 2 Assessment of progress

In spite of Governments efforts to make significant changes to improve the legal status of women, the institutionalization of customary and traditional laws and practices and the strong societal perceptions that support these practices hamper the initiatives to amend and change laws for the benefit of women. The delayed adoption of national gender policies also obstruct further legislative actions and polices that could advance the status of women. A review of the various government reports shows that where a gender policy exists, it is easier to amend laws and policies that discriminate against women. Adoption of a gender policy paves the way for positive changes to improve the status of women. This is well demonstrated by the SADC countries which have effected legislative reform after the adoption of a gender policy.

The progressive policy and legislative changes that various countries have maintained against FGM is acknowledged and will encourage the remaining countries which have not made any legislative or policy changes to protect the millions of girls in Africa who are affected by this practice annually. This inhuman practice is one of the key challenges facing the implementation of the human rights concerns of the PFA. The application of customary and traditional laws and practices at the national level continues to dampen the efforts of the international mechanisms promoting women s rights.

Some countries still use laws which perpetuate de jure discrimination with regard to personal status, marital status and violence against women. These include Algeria, Mali, Sudan, Tanzania, Kenya, Lesotho, Cameroon, Madagascar, Ethiopia, Nigeria and Morocco. These countries should be urged to move faster in reviewing all laws that discriminate against women.

Several of the United Nations agencies have also succeeded in effectively. implementing various aspects of the human rights section of the PFA. UNIFEM has spearheaded the campaign against one of the most pervasive issues concerning African women - violence. Through support for both grassroots and government initiatives, UNIFEM has created awareness on the need for closer attention to be given to violence against women. Its efforts have been geared to supporting implementation by organizations.

UNFPA has developed sensitization and awareness- creation- focused programmes and activities that support women s rights. The agency has used its resources to tackle the problem of female genital mutilation that violates women s reproductive rights, a right that is central to the quality of one s life. The Agency has worked effectively with African Governments, and through this cooperation has supported the capacity of countries to eradicate female genital mutilation and other forms of violence against women.

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4.0 Resources allocated/ activities undertaken

In the run up to the Fourth World Conference on Women, the United NationsGeneral Assembly called for the creation of a Trust Fund in support of actions to eliminate violence against women. The Trust Fund was developed under the auspices of the United Nations Development Fund for Women ( UNIFEM) which is the funding agency for the implementation of special activities for women. The fund supports innovative responses to eradicate violence being developed by non- governmental organisations, advocacy networks, local associations, educational institutions and community- based groups. The Trust Fund supports projects that assist government and non- governmental agencies to implement the African and Beijing platforms for Action.

In 1997, the Trust Fund allocated grants of nearly $ 1.4 million to more than 45 initiatives in Africa, Asia, the Pacific, Latin America, and the Caribbean, Eastern Europe and the Commonwealth of Independent States. Specifically within Africa, the Trust Fund has supported various activities costing more than US$ 300,000.00.

UNFPA has appointed a special Ambassador in Africa to be an A vocate to Governments and non- governmental organisations for the elimination of FGM. UNFPA, in cooperation with the Moroccan Government is working on a study of Gender violence and the status of women. The support given amounts to US$ 183,000.00.

UNICEF, in cooperation with UNIFEM, has supported the translation of CEDAW into local languages. This initiative is part of the Agency s commitment to promote women s rights as human rights. Translation into local languages will ensure that the Convention receives wider acceptability and use. In specific countries in Africa, such as Gambia, Mali, Niger and Ethiopia, UNICEF has provided financial and human resources for research into FGM. In Burkina Faso, Egypt, Eritrea, Ethiopia, Ghana, and Senegal, UNICEF has supported the mobilisation of women s and civic groups, which eventually resulted in the collective commitment by women and men to ban genital mutilation.

In 1993, the United Nations High Commission for Human Rights appointed for an initial period of five years a Special Rapporteur on violence against women. The mandate of the Rapporteur was extended in 1998 for a further three years. The Commission has also appointed two special Rapporteurs on the elimination of harmful traditional practices ( HTPs) affecting the health of women and the girl- child, and on systematic rape, sexual slavery and slavery- like practices during armed conflicts. The Commissioner is also supporting the campaign for the universal ratification of the Women s Convention and the removal of substantive reservations to the same. Overall, the programme budget of the United Nations Commission for Human rights is about US$ 20 million per year, which represents about 1.7% of the total budget of the United Nations.

In Africa, the UNDP Regional Bureau for Africa ( RBA) has invested extensively on programmes to fight violence against women and girls. The bureau supports regional women s rights organizations such as the Women in Law and Development in Africa ( WILDAF) to improve networking and capacity in local women s rights organizations in order to increase their efficiency in monitoring women s rights violations in their countries. The bureau also supports research through regional organizations such as the Council for the Development of Social Science Research in Africa, ( CODESRIA) which is currently looking at the gender dimension of violence in the African society. Other initiatives include support for peace initiatives in the Great Lakes region.

UNHCR in coopertion with Governments and NGO s have eveloped special initiatives to improve assistance and deal with human rights violations for women in situations of armed conflict. In order to effectively implement a gendered perspective throughout its activities, UNHCR has put in place the necessary institutional capacity. Within the East African region, UNHCR has embarked on a project to combat sexual violence in five countries. Through training and lessons learned at workshops, the agency has developed participatory strategies to handle the incidences of violence. In Kenya, a project provides firewood to the community in order to discourage refugee women from leaving the relative security of the camps to travel long distances in search of wood.

UNHCR implemented the Rwandan Women s Initiative at a cost of $ US 7 million: the project seeks to enhance the human rights of women, reduce the violence and sexual abuses carried out against women and ensure that women are fully integrated back into their community. Initiatives have been taken to implement a $ US 100,000 project funded from the Ted Turner Fund for preventive response to sexual and gender violence in the refugee camps.

UNESCO has produced a special booklet on CEDAW which is appropriately called passport to equality .

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4.1 Mechanisms and procedures established to mobilize resources.

Most of the United Nations agencies reported inadequate resources to implement their activities. UNHCR, UNFPA and UNIFEM projects are particularly hampered by limited resources. These agencies have indicated that they require additional support in order to fully meet the demand of their activities. Promoting women s rights within the refugee environment in which UNHCR works requires flexibility, ynamism and resources. To enable UNHCR to work well and more effectively, the General Initiative Fund for refugee women ( GIF) should be provided with enough resources to always ad ress emerging situations.

Analysis of progress made by Governments in the implementation of PFA is severely hampered by the lack of a specific mechanism in national action plans for reporting on activities and resources allocated is not in line with with the commitments made. In some cases, there were even no national action plans.

Unfortunately, with a few notable exceptions where Governments reported specific results of activities carried out in fulfilment of their commitments, the funding for these activities did not come from the national budget, but rather from various United Nations agencies and other donors. It means that many Governments are not complying with the implementation of PFA in terms of their own commitments to allocate resources and funding as stated in paragraphs 345 and 346 of PFA.

As emphasized in PFA, The primary responsibility for implementing the strategic objectives of the Platform for Action rests with Governments. Sufficient resources should be allocated to national machineries for the advancement of women and to all institutions as appropriate that can contribute to the implementation and monitoring of the Platform for Action.

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5. Monitoring mechanisms

5. 1 National level

Monitoring at the national level is carried out by the national institutional mechanisms. These may be the women s bureau and/ or other structures that have been established within the country. Almost all the countries have a non- governmental institution as the focal point for monitoring the Government s implementation of PFA and for coordinating the activities of civil society. At the national level, the Judiciary is an important institution for protecting and promoting women s rights. Countries such as South Africa, Kenya, Uganda and Ghana have established human rights commissions whose mandates include reviewing the situation of women s rights in the country. The National Commission for Human Right s is an effective mechanism for receiving complaints and refering them to the relevant government machinery. The Government of Algeria reports that only fifteen complaints were made by women to its national human rights watch during the period 1996- 1998. This, the report notes, is very low considering that one in every three women in Algeria is a victim of domestic violence.

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5.2 Subregional level

Within the subregions, there are the four subregional structures that monitor the welfare of people living within them. The major ones are stated below. In the Southern African subregion, there is SADC. The East African region has the East African Community ( EAC) . The East African subregion and the Horn of Africa also have the Inter Government Authority of the Greater Horn of Africa ( IGGAD) . ECOWAS covers the West African countries. In the North African subregion there is the Magreb Union. The monitoring of PFA is also done by subregional intergovernmental structures and ECA Subregional Development Centres ( SRDCs) .

Other important structures have been the subregional networks of women s organizations, such as the Women and Law in Southern Africa, and the Women and Law in East Africa. There are many other subregional civil society structures that monitor the implementation of PFA.

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5. 3 Regional level

5.3.1 The Economic Commission for Africa (ECA)

ECA is mandated to promote the social and economic development of the African continent. The Commission has established two institutions mandated to promote African women s issues on ECA s agenda. These are the Committee on Women and Development ( CWD) through its Secretariat and the African Centre for Women ( ACW) . ACW has identified its strategic priorities as enhancing the capacity of Governments to implement the African and Global Platforms for Action. The Centre provides Governments with technical support to meet their international obligations and to prepare reports for submission to CEDAW. The Centre has also organized meetings through the SRDCs for Governments and NGOs to review the mplementation of the Platform.

5.3.2 The Organization of African Unity (OAU)

At the 31 st Ordinary Session of the Assembly of Heads of State and Government in June 1995, the Organization of African Unity ( OAU) declared its commitment to the African Platform for Action. OAU has adopted the African PFA as Africa s common position for the advancement of women. Through the regular annual meeting of the Heads of State and the Council of Ministers, OAU reviews its commitments regularly. OAU has established a gender Unit whose mandate is to promote gender mainstreaming in the organization s activities and to monitor the women s rights issues of Member States.

The African Commission for Human and People s Rights of OAU has reviewed and adopted the Kigali Draft Protocol on Women s Rights. The objective of this initiative is to strengthen the promotion and protection of women s rights under the African Charter on Human and People s Rights. In 1998, the Commission appointed a Special Rapporteur to address issue of women s rights, and at the last meeting of the Heads of State in June 1999, in Algeria, OAU elected three women to the Commission. With that, four of the ten commissioners are now women.

Several key NGOs also monitor the implementation of PFA. At the regional level, special mention is made of the Women in Law and Development in Africa ( WILDAF) and FEMNET .

5.3.3 The Inter- African Committee on traditional practices affecting the health of women and children (IAC)

This is a regional Committee set up to lobby and advocate against harmful traditional and cultural practices perpetrated on women and girls. The Committee has been at the forefront of the struggle to bring an end to these practices, particularly FGM. Working through national committees, the Committee has instigated the adoption of legislation to ban harmful traditional practices in Mali, Senegal, Côte d Ivoire and several other African countries. The Committee is in the process of developing a Protocol for adoption by OAU.

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5.4 International level

At the international level, there are several mechanisms used to monitor the implementation of PFA, including those mentioned below.

5.4.1 The Commission on the Status of Women (CSW)

CSW is mandated by the United Nations General Assembly to play a central role in the monitoring of the implementation of PFA. Since 1995, CSW has systematically addressed each of the 12 critical areas of PFA. In 1998, the Commission reviewed the situation of violence against women and armed conflict and the human rights of women and the girl- child. CSW was the preparatory body for the special session of the United Nations in June 2000 to review the implementation of the Beijing Platform for Action.

5.4.2 CEDAW

Since 1995, the Committee on the Elimination of Discrimination against Women has received country reports from several African countries, which have maintained their commitment to CEDAW.

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5. 5 Mechanisms of accountability vis- à- vis women as beneficiaries

At the national level, the enactment of legislation is the first mechanism for providing women with justice and accountability. However, the majority of women are still living in countries with no laws and no mechanisms to protect them from violence. The violators get away with impunity. In most countries, men manage the law enforcement agencies which include the police and the judiciary. In the absence of a policy and appropriate training on gender, these institutions may not protect women s rights. Several countries reported having undertaken activities to improve these institutions. These include Uganda, Zimbabwe, Zambia and South Africa. Laws and policies need to be made to address women s rights at the national level. The law s and policies should also establish the mechanisms for enforcement and accountability.

CSW meetings have been effective in assessing the commitment of Governments in the implementation of the Platform for Action. Through these forums, Governments have reported real or no progress in turning their words into action. The establishment of the International Criminal Court will be of advantageous to women.

In fact, the establishment of a regional court of justice would assist women to gain access to justice.

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5.6 Mechanisms for consultation and dialogue between Governments and NGOs

The African Platform for Action calls for collaborative action between Governments and NGOs to promote an enabling environment in which women can have access to justice for violence againt them. The action will include the establishment of a just and equitable judicial system and the conduct of research on the subject of violence to guide strategies for its eradication. United Nations agencies were also called upon to integrate women s rights in all their programmes and activities. Several Governments and subregional structures have successfully worked with civil society. In these respects, one example is the South African Government s participation in the development of a policy on handling sexual offenses. Another case is the Ugandan Government s participatory strategy to include civil society in legislative reform. The Government of Chad reported having cooperated with the Chad women lawyers association to disseminate CEDAW in local languages.

Although much has been done and some important successes achieved in amending national laws to eliminate gender discrimination and deal with violence against women, less progress has been reported as to the achievment of legal literacy. In addition, African women are still subjected to the domination of customary and traditional laws and practices. In several countries, national constitutions still legitimize the use of customary and traditional law in matters of personal law. The adoption of a dual legal system, which is the application of both written and customary law in personal law greatly favours men to at the expense of women. It is in matters of personal law that the rights of women are most affected. These matters relate to marriage, inheritance, succession, child custody and maintenance, violence against women and burial laws. Customary laws and practices also facilitate such HTPs as FGM, child marriages, forced marriages, widowhood, inheritance, slavery and trafficking in women. African women s rights issues are therefore numerous and specific legislation is required to outlaw and enforce protection for these rights. One of the key strategies that Governments have adopted in regard to customary laws is to enact laws and adopt policies to outlaw harmful and discriminatory practices.

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