[Table
of contents]
5.7 Decision-
making process
Women remain
outside the mainstream decision- making process and are, therefore,
still not in a position to effectively influence governance
structures. As women are not part of the policy- making structures
or are only very sparsely represented in them, the resulting
gender policies are not always effective in addressing the inequalities
and discrimination that they continue to face.
[Table
of contents]
Statistiscs
on women's human rights
| 38%
of Kenyan women aged 15- 49 have undergone FGM (
Kenya Demographic and Health survey 1998) .
90%
prevalence of FGM in Ethiopia ( FGM, a call for
Global ActionNahib Toubia 1995) .
2.325
million women have undergone FGM in Ghana ( ibid.
) . Approximately 40% to 50% of Nigerian women have
undergone FGM ( Laws and Policies affecting women
s reproductive lives Fida-
Kenya
centre for reproductive rights and policy publication
1997. 94% of women within the 15- 59 years age range
are affected by FGM in Mali ( Mali Demographic and
health survey 1995- 6) .
50,000
South African women annually report that they have
been raped. Another 17,000 are murdered in the course
of sexual attacks.
Crisis
centres estimate that an additional 900,000 and
600,000 children are raped in cases that go unreported.
In South Africa, one in three women is attacked
by her husband or partner, according to the South
African Commission on Equality. ( Women s International
Network vol. 25 no. 4 autumn 1999) .
In
Zimbabwe, the majority of victims of male violence
are 20- 49 years old, according to the Musasa project,
a non- governmental organization that provides shelter
to battered women.
World
wide 20- 50% of women declare that they have been
abused at least once in their life. ( WHO report
1996) .
The
latest figures published by UNIFEM in 1996 show
that there were 856 murders of women in Botswana,
263 in Zambia and 249 in Zimbabwe. |
|
5. 8
Non-availability of reliable statistics and the effort to exploit
data
There is
little or no up- to- date data on the human rights of women.
This is an area that requires to be given more attention by
all parties and at various levels. Governments and United Nations
agencies will, in the future, need to invest more resources
for data development. Data is crucial for successfully effecting
advocacy and policy changes.
[Table
of contents]
5. 9
Degree of relevance of the mechanisms
Not all
the national machineries have been effective in promoting women
s rights, because they usually lack the resources and legal
authority to be effective. Furthermore, without national legislation
to protect women s rights, there can be no effective strategies.
Governments need to implement laws that effectively promote
women s rights and provide an effective legal framework. In
several countries where the national machineries are autonomous,
sufficiently funded and authoritative, they have been able to
effect change for the better; for example, Eritrea. In order
for national machineries to be effective they should also have
legislative and policy support besides adequate resources.
At the national
level, such key government institutions as the Judiciary have
either promoted or undermined women s rights issues. A recent
judgment in Zimbabwe undermined women s right to inherit property.
Yet Zimbabwe is signatory to major conventions and is a member
of SADC which has a progressive policy on gender and development.
In Kenya, the courts have a vocated for women s right to half
the matrimonial property in the event of a dissolution of marriage.
5.9.1
Subregional level
Subregional
institutions, such as SADC, are effective in monitoring the
implementation of CEDAW in their member countries. SADC countries
have made significant policy changes that have paved the way
for a better legal status for African Women. Clearly, the adoption
of a gender policy has influenced legislative review on the
status of women. The Durban Declaration on violence against
women, adopted by member countries in September 1998, enhances
the Gender Declaration adopted in 1997. Violence against women
is now a policy issue a ressed at the national and subregional
levels. However, the gender policy and any subsequent declarations
on issues relevant to women will only become effective if followed
by legislation at the national level, and backed by the relevant
enforcement mechanisms and financial resources.
In the West
African region, the Governments of Senegal, Togo, Burkina Faso,
Côte d Ivoire and the Niger have made comprehensive legislative
and policy changes to eradicate violence against women . They
have worked together with special focus on the eradication of
FGM.
5.9.2
Regional level
Other regional
structures such as ECA have a specific mandate to support Governments
to implement the Platform For Action, but their efforts are
hampered by insufficient financial and human resources. ACW
has supported the development of a human rights education curriculum
by commissioning studies on family law in Southern, East and
West Africa. The African Commission for Human Rights and OAU
are effective regional mechanisms for monitoring States compliance
with the African Charter on Human and People s Rights, especially
the Protocol on Women s Rights.
5.9.3
International level
At the international
level, not all African Governments have complied with their
obligations to make periodic reports to the CEDAW Comittee.
Implementation of the conventions requires political will, introduction
of policies, training and allocation of resources. These are
lacking, especially with regar to human rights.
6. Results
and recommendations of some follow- up meetings, conferences
and consultations
6.1.
Regional level
6.1.1.
Technical consultation on FGM March 27- 29, 1996, Addis-
Ababa, Ethiopia.
The recommendations
adopted for a new Programming Framework for eradicating FGM
were:
1. To
promote other sources of income for women who perform circumcision.
2. To
lobby policy- and law- makers.
3. To target youths in the information, education and communication
( IEC) programmes.
4. To
integrate human rights education and communication programmes.
5. To
establish partnerships with NGOs working to eradicate FGM.
6. To
increase training for reproductive health personnel, including
paramedics, social workers and communicators, on women s reproductive
health and rights.
7. To
promote a more holistic approach.
8. The ratification of CEDAW by Governments which have not
done so.
9. Cooperation between Governments and NGOs to eradicate FGM.
6.1.2.
ECA's International Conference on African Women and Economic
Development: Investing in Our Future
During ECA
40 th Anniversary Conference in Addis- Ababa, under the theme
Achieving Good Governance, 51 out of 52 African States indicated
that they had ratified the African Charter on Human and People
s Rights under which they had committed themselves to the elimination
of every discrimination against women as stipulated in the relevant
international declarations and conventions. The resolutions
adopted at the 40 th Anniversary conference called on all countries
which have not yet complied with the provisions of CEDAW to
do so. The Conference urged all Heads of State to ensure total
ratification of CEDAW without any reservations. African Governments
were also called upon to adopt the optional Kigali Protocol
for Women s Rights, at the OAU Council of Ministers meeting
held in November 1999. Furthermore, training was identified
as an essential strategy for capacity building to equip women
for advocacy, lobbying and leadership.
6.1.3.
The Sixth African Regional Conference on Women
Recommendations
made by the workshop on Women s Legal and Human Rights at the
Sixth African Regional Conference on Women.
Major recommendations
for speeding up the protection of women s human rights included
the following:
1. Legislation
protecting women from various forms of violence should be
enacted and effectively implemented.
2. Governments
should adopt a constitutional clause through which they should
automatically convert the provisions of CEDAW, the Convention
on the Rights of the Chlid and other international conventions
into national law upon ratification.
3. Those
Governments which have ratified CEDAW with reservations should
remove those reservations.
4. All
laws should be harmonized with international conventions to
resolve contradictions between statutory, customary and religious
laws.
5. All
stakeholders, especially those in charge of legislation and
law enforcement need to be sensitized to the importance of
women s rights.
6. Women
s education, including the training of women trainers should
be enhance to emphasize women s rights.
7. Training
for the Judiciary and those in charge of the application of
gender laws and laws on women s rights should be enhanced.
8. The
media should be sensitized to disseminate information on women
s rights and on cases of violations.
9. Training
should be given to parliamentarians, civil society and government
officials on gender issues and women s rights.
10. Links
should be made between women s rights and their access to
resources and such services as education.
11. The
number of women lawyers and legal experts should be increased
as an effective way of securing the participation of women
in the promotion of women s rights and in the enactment of
laws in favour of women.
12. Documentation
and publication of best practices on the implementation of
women rights should be improved in view of their possible
replication and institutionalization.
13. Countries
should regularly report to the CEDAW Committee and CSW to
allow for a systematic monitoring and coordination of activities
undertaken by countries with respect to women s rights.
14. Countries
should establish and apply democratic rules and universal
law for all citizens irrespective of gender; in some cases,
there is a tendency to wrongly interpret religious and customary
laws in favour of men.
15. Action
should be taken against those law- enforcement officials who
do not implement legal provisions and court rulings in favour
of women.
Noting that
gender- based violence and all forms of sexual harassment and
exploitation is a persistent human rights problem caused by
the prevailing patriarchal system, the unequal status and role
assigned to women, and the lack of adequate legal protection
against violations of women s rights, participants also recommended
as follows:
1. Legal
assistance and rehabilitation services should be provided
to women victims of violence, including victims of marital
violence, refugee women and women affected by conflict.
2. Legal
literacy should be increased for women at the grassroots level
in local languages, and human rights education given toboys
and girls at the earliest possible age and throughout schooling.
3. The
United Nations Declaration on violence against women should
be made into a treaty so that its provisions become binding
on the signatories.
4. Studies
should be carried out on incidents and cases of violence against
women in order to improve
ata and
information on this issue for the purpose of lobbying for
more adequate protection of women.
5. Cooperation
should be encouraged among all actors, including the Police,
Health workers, the Judiciary and NGOs in the implementation
of laws on women s rights.
Regarding
political commitment and concrete actions to eliminate all forms
of discrimination against women, participants further recommended:
1. Including
information on violations of women s rights in all reports
under any human rights treaty.
2. Promoting
more women at all levels of decision- making, including Parliament.
3. Establishing
special committees on human rights at various levels of governance.
4. The
introduction of the optional protocol on CEDAW and the additional
protocol on women s rights in the African Charter on Human
and People s Rights and widely disseminated and made accessible
to women to use as a mechanism for the efence of their human
rights. However, the complaint systems should be simplified
in order to make the protocols easily accessible.
5. In
order to encourage countries that actively promote women s
rights, it is necessary to document best practices, give visibility
and recognition to countries with the highest performance
while putting to shame and even imposing sanctions on those
that fail to respect their commitments.
6. Public
interest litigation that uses international conventions should
be encouraged where there is no explicit national legislation.
The conference
participants listed gender- responsive legislation and policy
frameworks among the benchmarks and monitoring indicators proposed
to measure progress in the elimination of gender- based discrimination.
They also recommended that societies should improve the perception
and sensitivity of the police to gender- based violence and
view the level and quality of media coverage as important additional
indicators. They called for the ratification and nationalization
of CEDAW as well as for regular and quality assurances from
countries reports. Since effective and sustainable protection
of women s human rights requires adequate resources and support,
the participants therefore recommended:
1. The
mobilization of partnerships and resources at the national
and regional levels;
2. The
broadening of partnership among relevant government and non-
governmental bodies, civil society and development partners
at the national level to ensure efficient coordination, synergy
and greater impact of actions.
3. That
strategic alliances should be built with departments in charge
of justice, national planning, budget and finance in order
to secure resources for legal assistance and rehabilitation
programmes for victims of violence.
4. To
establishment inter- ministerial committees with clear terms
of reference and adequate resources to monitor the implementation
of various international obligations.
5. At
the subregional and regional levels, that groupings such as
SADC, ECOWAS and EAC should be used as institutional frameworks
for partnership and capacity building among countries and
for effective exchange of experiences and replication of best
practices. Other subregional groupings are urge to follow
the example of SADC in adopting the Gender Declaration and
Addendum on Violence against women;
6. International
partners should include in their cooperation agreements higher
commitments to programmes and activities to promote women
s rights; they should coordinate their activities and build
on their respective comparative advantage to provide material,
financial, technical and institutional support for the advancement
of women
[Table
of contents]
6.2 Subregional
level
The member
countries of SADC adopted a Gender and Development policy in
February 1997. The Declaration, embraced by all Southern African
countries, acknowledges that gender disparities exist between
women and men and that this may lead to discrimination. The
Declaration is a commitment on the part of the participating
Governments to implement a gender policy in their respective
countries as the basis for women s empowerment. The gender policy
signed by all the Heads of State was a commitment that all their
countries would adopt a gender approach. Two conferences held
from 5 to 8 March 1998 in South Africa and Zimbabwe called on
SADC countries to adopt legal, social, economic, cultural and
political measures to prevent and eradicate violence against
women and children. The South Africa meeting made a declaration
on violence against women. It was signed as an addendum to the
1997 Gender and Development policy by the SADC Heads of State
or Government at a summit in Mauritius on 4 September 1998.
Within the
East Africa subregion, women met in Arusha in July 1998 to review
the draft treaty creating the East African Community, and to
ensure that the text was gender sensitive and encompassed the
ideals of the Platform for Action. The meeting organized through
WILDAF, brought together women s rights activists from three
East African countries, namely, Kenya, Uganda and Tanzania.
[Table
of contents]
6. 3
International level
6.3.1
A permanent international criminal court
The recently
adopted Statute of the Permanent International Criminal Court
is testament to the international community s commitment to
protecting women from violence and sexual abuse during times
of war and conflict.
6.3.2
United Nations agencies
1. The United
Nations agencies should adopt a holistic approach in the development
of programmes, and should incorporate women s issues in all
development activities.
2. Adequate
resources should be provided to UNIFEM, UNHCR and OHCHR to support
activities that promote women s rights.
3. Governments
and United Nations agencies should develop data on the legal
status of women; the data should provide information on the
impact and prevalence of violence against women.
[Table
of contents]
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