AFRICAN WOMEN'S REPORT 1998
Post-conflict Reconstruction in Africa: A Gender Perspective
© 1999 United Nations Economic Commission for Africa
Addis Ababa, Ethiopia
II. PHASES OF RECONSTRUCTION
Technically, reconstruction and rehabilitation activities should follow
the signing of peace ac- cords and granting of reformed constitutions,
but the situation is not com- partmentalized and is far more compli-
cated. Simultaneous action is needed on all fronts with relief and rehabilitation
and development interventions intertwined. The reconstruction period
has to include both curative measures such as emergency assistance,
and preventative activities for reducing recurrent violence and sustain-
ing the peace. Integrated humanitarian and development approaches have
to be proactive and creative and seek to reduce the gaps in priorities,
planning and pro- gramming between the governments and agencies. Government
tends to pick up the reins of governance slowly, and it takes time for
agencies to get funding, organize and establish a presence in the most
dis- tressed areas. At the level of civil society, women’s peace and
development initia- tives do not have reliable budgets and may be overshadowed
by larger reconstruction efforts and institutional frameworks. How-
ever, with a clear mandate and supportive institutions behind them,
their traditional values and mediating methods can make a significant
contribution during the phases of reconstruction to halt the destruction,
renew economic development options and rebuild a cohesive social fabric.
Develop- ment initiatives can make the reconcilia- tion and reconstruction
process more sus- tainable. . . . . However the process is not lin-
ear. It is a long-term process with various entry points depending on
political will, domestic resources, including oganizational management
and capacity building, and external assistance.
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A. Immediate post-conflict reconstruction
In the immediate post-conflict recon- struction period, when the terror
still seems too close, it is the local people who must start to clean
up the debris and bury and mourn their dead, until a new government
and local, regional and international orga- nizations and agencies establish
their pres- ence. Local and foreign-based NGOs trickle in to tackle
peace building, provide emer- gency relief assistance, especially supply
of food and medicines. Local, national and international development
initiatives may get off the ground more quickly in circumstances where
an international peacekeeping force is successfully keeping the peace
and help- ing to reorganize and reestablish legitimate authority. In
such early phases of reconstruc- tion, the government is in formation,
armies and militias are being disarmed and dis- banded, and unaccompanied
children and orphans are being placed in orphanages or foster care,
if reunification with extended family is not possible. The situation
of chil- dren in the immediate post-conflict situa- tion demands immediate
attention in most cases, as too does the return of destitute refugees
and internally displaced.
The role of the armed forces, security forces and militias is frequently
questioned during this time, especially if international peacekeeping
forces have been deployed.
It is said that women are some of the first citizens to call for disarmament
and for the handing over of even small guns. They tend to dislike the
sight of guns in their communities. In Liberia, for example, from early
in reconstruction, suggestions were made about the need to cut the size
of the army by more than half. Strong feelings tend to develop in post-conflict
situations that military expenditure should greatly decrease and that
the army should be trained to better understand the needs of the civilian
population and to participate in peacetime infrastructure and commu-
nity development projects.
Food and medicines are in demand, as is clean drinking water. Refugees
and the displaced are gradually returning and basic infrastructure and
services have to be restored as quickly as possible. The shattered economy
has to pick itself up and start again, as too does agricultural activity
to produce food and cash crops. In some cases, as in Angola and Mozambique,
hidden, unexploded landmines may be continuing to take lives and to
maim, discouraging agricultural ac- tivities over large areas. However,
as peace sets in, planned reconstruction and devel- opment activities
can begin to replace ad hoc, informal survival mechanisms.
Thus, the immediate post-conflict situ- ation tends to focus on relief
measures and on dealing with the immediate security consequences of
war. Later phases of as- sistance focus more on development goals and
initiatives. Some of the most creative and resourceful survivors in
the post-con- flict situation are women. Some who may have been small
farmers in the pre-war formal sector will get involved in petty trad-
ing and bartering to generate even mar- ginal income.
International organizational capacity- building efforts meet more success
where the national pre-war structures can be re- vived and where government
and civil so- ciety actions are clear and focused about reconciliation.
Most local actors will be in need of domestic or external financing.
However, although relief and development assistance is the mandated
role of numer- ous international agencies, their interven- tions tend
to be costly in administrative and personnel costs, and can be competi-
tive with one another. Such agencies can be slow and inflexible in planning
and implementing requirements, particularly regarding procurement and
disbursement mechanisms. Their approach, especially as far as women
are concerned, has not often been assessed and there is seldom a clear
plan for moving from emergency operations to assistance with long-term
de- velopment goals. It is frequently the case that projects are put
in place, but not broad programmes. New areas of linkages and capacity-building
needs should be identi- fied. International organizations, in order
to be effective, must draw on what women are doing in the peace process
and as re- construction efforts and find ways to sup- port them, enhance
their access to deci- sion-making structures and to reconstruc- tion
resources, including credit.
In many post-conflict countries, the physical rehabilitation and reconstruction
activities offer opportunities for employ- ment in construction to both
men and women. Since the 1980s, African women, many of whom have experience
with build- ing traditional homes, have been ventur- ing into the modern
construction industry, mostly as unskilled day labourers, digging, stone
breaking, and head carrying sand, gravel, rocks and water. However,
with a little training, they could be employed in more skilled areas
such as masonry, wood- work and metalwork, supplies manage- ment and
so on. Undoubtedly, women in conflict and post-conflict situations show
themselves willing to learn and apply new skills, even in non- tradi-
tional areas, if there is strong market de- mand and po- tential to
gen- erate a living wage.
Most reconstructing societ- ies legitimize
the new politi- cal order with a new or amended constitution and other
legislation that defines rights, responsibilities and legal procedures
in the soci- ety, without discrimination or bias. The legal order tends
to become more inclusive to avoid the outbreak of fresh hostilities
by groups that feel marginalized and neglected in the society. Political
prin- ciples often raised refer to popular participation and the need
for a democratic frame- work, free and fair elections, decentralization
of govern- ment institutions and an en- hanced role for women.
In Burkina Faso, some in- frastructure programmes have taught women
to make blocks, a job tradition- ally done by men. Women were also made
to use wheelbarrows in lieu of head carrying. In N o rt h Kardofan prov-
ince in the Sudan, al- though con- struction work was formerly considered
men’s work, women eventually partici- pated in the construction of schools
and bafir (rainwater catchment basins). A dis- trict roads construction
programme in Botswana encouraged women to enroll in training courses
for supervisory and technical positions and hired them as gang leaders,
senior gang leaders, and as tech- nical officers and assistants
[31].
[Table of Contents]
B. Political reconstruction
Political reconstruction first requires leaders able to offer the people
a credible political alternative to violent change, and the security
and stability to pursue the re- building of their lives. Consensus is
needed, both formal and informal, on how power is to be shared and resources
used. The framework of a reconstruction political plat- form has to
be based on reconciliation, re- construction and development. This politi-
cal platform has to be communicated to the people and the institutions
of gover- nance should be accountable for their per- formance. Social
and economic advance- ment is also highly dependent on the po- litical
framework. It should not stifle popu- lar participation, civil society
and private enterprise but empower and enhance them.
The period of constitutional adjust- ments and other legal reform represents
a valuable opportunity for women political activists, individually and
in groups. In countries such as Liberia, South Africa, and Uganda, the
concepts of gender equality and women’s rights as human rights have
been included in the new le- gal order, thus legitimizing women’s po-
litical roles in local and national govern- ment and in public institutions
and cor- porations. Granting of these rights has been followed up by
vigourous campaigns to get women into political office through elections
or through appointment and guaranteed quota systems.
Political reconstruction tends to fail un- less the emergent post-conflict
approach to governance supports the participation of all ethnic and
other interest groups in the society, including women. Change to- wards
greater equality benefits women’s political agendas, even when the pre-war
society might not have recognized or facilitated their participation
in public affairs. Political space starts to become available to them,
at local and national levels, more quickly if the combatant and liberation
group involved had previously ar- t i c u l a t e d women’s equal- ity
and human rights as a part of their wartime agenda.
Although existing structures may inherently
lack gender equality and fail to recog- nize, incorporate and repli-
cate women’s best prac- tices, the period of transi- tion after a conflict
ends and reconstruction matures is an opportune period of time for advocacy
and po- litical advancement.
The National Women’s Coalition in South Africa started to draft a women’s
rights charter in 1992. In confronting the traditionally male-dominated
politics in South Africa, women came together force- fully, across class
and ethnic lines. By 1994, they made up 15 per cent of the Senate and
24 per cent of the National Assembly. In many instances women have influenced
electoral outcomes by using their right to vote. In Sierra Leone, in
1995, knowing that most women would not vote, groups including Women
Orga- nized for a Morally Enlightened Nation (WOMEN) mobilized women
to go to the polls, by carrying out an extensive infor- mation campaign,
including going from door to door.
The decentralization process seen for example in Uganda opened up opportuni-
ties at the level of local government, and it is at this level that
motivated women can first gain sustainable access. It is at this level
that techniques for rebuilding trust, defusing hatreds and establishing
community solidarity initiatives can first have impact. However, even
at the national political level, there are more women in parliament
and other policy organs of gov- ernment now than there were in the pre-
war society. Ruth Sando Perry was Head of the Council of State in Liberia
that steered the country out of turmoil, and Specioza Kazibwe became
Vice President of Uganda. Various women ministers have been appointed,
although largely in women’s affairs ministries.
Politically, African women in post- conflict societies have often made
certain gains that need further consolidation and institutionalization.
However, in some countries, the complexity of the power struggle (that
might involve religious, mili- tary, ethnic and other allegiance), com-
bined with a patriarchal social structure still largely dominates women’s
position. Survival, advocacy and income-generat- ing groups begin to
form during conflicts, but despite their evident interest in poli- cies
and events, women in most post- conflict situations tend to be relegated
to the sidelines of the process. Despite their active participation
at local and even na- tional level, their voices go largely unheard
in the renewal process of designing the framework of a viable, peaceful
society. This is largely because of cultural factors that discourage
women from participation in public life, but also a factor of lack of
political training and formal experience with party structures and campaigning.
Women are still poorly represented in African parliaments and in other
organs gov- erning public life. Table 7 shows
the number of women in parliament in selected African countries that
have experienced conflict.

[Table of Contents]
C. Economic reconstruction
Economic reconstruction focuses on priority areas of growth and rehabilitation
within the national development plan and framework. Pre-war infrastructure
for ag- ricultural and industrial production and marketing and distribution
needs urgent attention; so do the commercial and finan- cial sectors
and the social services that support operations. Human resource pools
have been depleted and staffing and quali- fied personnel, including
managers, have to be recruited and trained. Structurally, all sectors
cannot reach pre-war capacity overnight. Help from external financial
in- stitutions is much needed at this time, in the form of new finance
as well as through debt rescheduling and cancellations, and other forms
of financial relief. Obtaining the international financing needed, for
ex- ample from the World Bank, usually re- quires implementation of
specific structural adjustment programmes (SAPs) and ex- change rate
management strategies. Structural, political and economic liberal- ization
impacts greatly on the social sec- tor and should be guided by a gradualist
rather than a shock approach that further traumatizes the people. For
example, some economists have called the situa- tion of Rwanda in 1994,
an ‘economic genocide”, due to the drop in the price of coffee combined
with the SAP, and has been blamed for provoking social unrest.
The speed of economic recovery in these situations is a function of
level of pre-war production and infrastructural ca- pacities, extent
of war damages, and fi- nancial and economic management in the aftermath.
A politically enabling environ- ment is key to encouraging domestic
and external investment. The private sector has to feel safe to invest
again and need tax and developmen- tal incentives. The informal sector,
in which most women are found, needs appropriate incentives for the
African context, including micro- credit, business premises and training.
In response to a precari- ous economy,
women tended to group them- selves to secure land, build houses
and formed sav- ings and credit clubs and schemes to finance their
reestablishment. Such self–help groups soon abound in post-conflict
situations, in areas where some trust and solidarity can still be
tapped.
As the main occupation of the majority of rural- based Africans, agriculture
has to be revitalized as a matter of top priority. Food security has
usually been destroyed or threatened by years of neglect during the
fighting. Land tenure, especially in areas occupied by op- posing forces
for many years, may be dif- ficult to reestablish and modify. Reform
of land law, resettlement plans and land dis- tribution programmes are
sometimes pre- conditions for stimulating agricultural pro- duction
and productivity. Lack of seeds and farm implements and inefficient
ad- ministration and extension services to the sector are serious constraints
even where land access is not a particular problem.
Women in the pre-war societies are likely to have been small- and subsistence
farmers, or involved with food processing, preservation and storage.
Many would have been petty traders in various market places. During
reconstruction, far more than return to the status quo is involved.
Advocacy for equality with regard to land, property and inheritance
rights becomes part of the women’s economic and politi- cal platforms.
Right to credit, production, extension and marketing systems are urged.
With their previous economic net- works largely shattered, women tend
to find themselves without the cash or the family labour to cultivate
their land. In Rwanda, for example, when the women were unable to cultivate,
alternative sources of income such as petty trading emerged, as well
as informal systems of credit and finance where possible. Unfor- tunately,
it has been reported that many women, after the genocide, had to pawn,
rent or sell their land. Many felt grateful for work as casual field
labourers, although gender-based biases allowed them only the lowest
remuneration, and no long-term as- surances.
Self-help organizations are playing a major role in the economic reconstruction
of such countries as Angola, Chad, Eritrea, Ethiopia, Liberia and Sierra
Leone. They mobilize resources and help to build a sense of community.
Many women no longer rely on their husbands when pur- suing business
interests, relying more on their relatives and extended family and on
credit schemes. This was clearly seen in Mozambique, Rwanda, and in
Uganda. Women in petty trade multiply during a conflict and much of
this activity begins to be formalized after the conflict.
Some reconstructional development policies favour men in land distribution,
credit programmes, extension services and grants and in introduction
of new technol- ogy and techniques. However, African women in the pre-war
society played an extremely important role in food produc- tion and
processing. In many countries, they have been responsible for as much
as 80 per cent of food production, with men tending more towards cash
crop production. In the post-conflict situa- tion, with access to land,
women quickly begin the process of agricul- tural recovery, with close
ties to infor- mal sector petty trading and the small- and micro- business
sectors. Some female farm- ers prefer to re- main in trade and business
than re- turn to the fields. Through necessity, many have at- tained
economic and political au- tonomy from their men, as a function of successful
entrepreneurial activity in the grassroots war economy [32].
The new trappings of gov- ernance are
responsible for laying the common ground for unified efforts. They
have to be used in the political process to de- fine rights and
obligations and protect the interests of all. Evidence suggests
that in the visible, non- partisan programmes for social development,
so- cial groups learn to work and live together again.
In Somalia, nomadic women per- formed many of the traditional roles
of men during the conflict, going to the markets, selling livestock
and milk and buying consumer items. They discovered more mobility and
freedom of movement than in the pre-conflict society, and tended to
travel together in groups to other vil- lages and encampments to buy
and sell. However, what starts out as emergency, transient coping strategies,
develop long- term consequences for the traditional gen- der roles in
the society. There is a dis- tinct emergent pattern in most countries
of women’s role getting strengthened in non-traditional areas, during
wartime, with the changes persisting, to some ex- tent, into peacetime
roles.
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D. Social reconstruction
Social reconstruction in post-conflict situations is faced with rehabilitation
as well as the longer-term process of social integration. Rebuilding
social services and institutions to get water, electricity, health care,
education, transport, despite the heavy investment required, is actu-
ally somewhat easier than the more in- tangible aspects of rebuilding
trust and solidarity in a sadly traumatized and bit- ter situation.
Government has to oversee the con- struction of new infrastructure,
facilitate the return of refugees and the displaced and coordinate national
and external assistance for maximized welfare. Policies and programmes
at the national level can lay the foundation for a new social order,
but it is societal interaction and civil society that best respond to
the psychosocial ill- nesses and damaged inter-ethnic relations.
It is in the area of social reconstruc- tion that women tend to have
the most impact, in the early stages of reconstruc- tion. They are very
active in urging resto- ration of services, even where central gov-
ernment has collapsed. The movement for restoration tends to bring women
to- gether across ethnic, class, religious or other dividing lines,
for example in the matter of reopening and staffing schools and clinics.
Reports from Mozambique and Uganda describe how women teach- ers especially,
kept school in camps and even in private places of residence.
Wo m e n’ s grassroots or- g a n i z a t i o n have done a great deal
to preserve edu- cation, despite shortages of books and even chalk and
pencils in A l g e r i a , Mozambique and in U g a n d a . Women value
education and it becomes a prime recon- struction goal for them. They
want their children to have the skills and em- ployment op- portunities
that most of them lack in their own lives. Formal and informal education
and training is also an effective way to impart the new social and political
guid- ing philosophy of governance, particularly in relation to peace
education and the in- ter-cultural communication and collabora- tion
it emphasizes. The latter function is particularly important in highly
politicized and polarized societies, with high rates of violence.
Women’s role at the grassroots level
From within grassroots organizations working
for reconciliation and recon- struction, women challenge the au-
thorities and the society with de- mands for peace, non-discrimina-
tion, accountability and recognition of human rights. Although posi-
tioned in most cases on the side- lines and margins of the formal
pro- cesses, these organizations mobilize large numbers of women
and trans- late grievances into legitimate social concerns and agendas.
At the local level, women’s efforts help to build a culture of peace
through peace education, community-based recon- ciliation and social
reconstruction ac- tivities.
Source: Women and Post-Conflict
Recon- struction, War-torn Societies Project, UNRISD, Occasional
Paper No.3, 1998.
Equally important is reestablishment of a primary health care system,
with re-productive health components. The pre- vention, treatment and
control of many dis- eases from tuberculosis and malaria to HIV/ AIDS
have to be given high priority, to avoid disease outbreaks and epidemics
in the country. As it is, deteriorated water sup- plies can cause cholera,
typhoid and a range of stomach and intestinal infections. In Rwanda,
some community-based women’s health care centres have been providing
trauma counseling, reproductive health services and prevention of commu-
nicable disease.
The goals and objectives of social de- velopment require continuous
efforts to re- duce and eliminate major sources of so- cial distress
and instability for the family and for society. Particular focus and
prior- ity attention should be given to the fight against the worldwide
conditions that pose severe threats to the health, safety, peace, security
and well being of populations. Among these conditions are chronic hun-
ger; malnutrition; illicit drug problems or- ganized crime; corruption;
foreign occu- pation; armed conflicts; illicit arms traf- ficking, terrorism,
intolerance and incite- ment to racial, ethnic, religious and other
hatreds; xenophobia; and endemic, com- municable and chronic diseases.
Women are not only the majority of any population, but have proved
them- selves to have the motivation and the will to organize for peace
and for development. African men in post-conflict societies have also
shown willingness, encouraged by de- velopment partner policies, to
actively in- clude women in peace-making and peace- building activities.
Urged on by the de- mands for survival in life and death cir- cumstances,
and by the need for peace to pursue daily activities, women themselves
have come together and formed peace movements and networks and commu-
nity–based organizations to seek protec- tion and action. Individual
peace activists as well as peace and development groups have made their
mark in African societies.
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E. Relief VS. development in gender-aware reconstruction
In a paper jointly issued by Ms Sadako Ogata, High Commissioner of
UNHCR and Mr. James Wolfensohn, President of the World Bank, at a recent
round table dis- cussion, reconstruction in the post-conflict context
was seem as both humanitarian and development goals, with the former
tend- ing to predominate in the early days after a war has ended. Humanitarian
agencies often take quick action in emergencies but frequently lack
the mandate and the skills to link up with broader-based and longer-
term development in a sustainable way. Operational linkages have to
be set up as speedily as possible in the immediate post- conflict period
of organizing for peace. Both types of assistance tend to implement
their limited mandates in preferred areas, instead of cooperating with
each other regarding comparative advantages in addressing the needs
of the affected population, and of institutional capacity building to
cope with the chaos and destruction. As reconstruc- tion progresses,
emphasis slowly shifts from humanitarian to development. The main idea
is that “development agencies will move upstream as the humanitarian
agen- cies move downstream’.
The emerging consensus is that col- lective action has to be led by
national actors and peace activists able to mobilize constituencies
around reconciliation and reconstruction goals. The immediate post-
war period is often characterized by low national capacity, which has
to be built up gradually with international assistance. However, sustainable
peace requires that the national government and civil society are the
legitimate owners of the peace pro- cess. Brokering and anchoring of
the peace is still needed. National and local govern- ment structures
have to be reorganized and rebuilt, whith special recognition that mi-
nority groups, victims, returnees and other vulnerable groups need protection
and as- sistance to rebuild their lives in safety and security.
Women are often among the first to call
for an end to conflict and to strive for order and reconstruction.
In early post-war situations, in groups and individually, formally
and infor- mally, women probably contribute more than government
authorities or international aid to reconciliation, reviving of
local economic and rebuilding of social networks. However, they
tend to fade into the background in most cases, when official peace
negotiations begin and rebuilding becomes a formal planned exercise.
But, gender roles and social values have changed a great deal by
then and male-dominated institutions find that they cannot return
to pre-war, standards of social participation . Reconfiguration
of gender roles and posi- tions becomes an integral part of the
interaction for the reconstruction programme, a fact that national
and international policy makers and actors should understand and
utilize.
Source: UNRISD, Women and
Post-Conflict Reconstruction. The War-torn Societies Project, 1998.
In the immediate post-conflict period, a transitional framework begins
to operate that may or may not lead to durable peace and stability.
Whatever their shortcom- ings, international agencies and NGOs must
work with national actors and within the institutional and financing
arrange- ments if development is to reach and sur- pass prior levels.
Traditionally, reconstruc- tion supported by new governments and by
the international community begins to restore infrastructure, under
uncertain se- curity circumstances. Peacekeeping forces may still be
on duty and landmines being removed. Disarmament of the combatants and
paramilitary forces is a first priority. In post-conflict societies,
there tends to be easy availability of military weapons and small firearms.
The fighters have to be demilitarized, redeployed or disbanded. Demobilization
of children from the armies is necessary but often problematic since
many are destitute without the army, have no family or have been separated
from them. Most do not wish to be put in insti- tutional care, preferring
substitute care and guardianship arrangements. Women’s peace initiatives
should not be underestimated as is usually the case, but should be encouraged,
assisted and fi- nanced by government and the international community.
In fact, there is a theory gain- ing favour that points to women’s ability
to detect the early warning signs of conflict outbreaks. They are responsible
for much natural resource management, and in their search for water
and food take note of the tone and mood of the community. Many go to
the market or to the fields and get early information from their social
networks.
The basis of the way forward has to be the collective support of the
people, both men and women. Women play a key role in preserving order
and normalcy in times of chaos and destruction. They are also a driving
force for peace and show ability to cope in practical ways with change
and adversity.
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III. GENDER GOVERNANCE AND THE LAW IN POLITICAL RECONSTRUCTION
A. Peace accords and disarmament
One of the first political steps sup- ported by women movements is
usually a neutral call for disarmament by all war- ring factions, so
that round table discus- sions and negotiations can begin. In Liberia,
the six-member council of state led by Ms. Ruth Sando Perry initially
in- cluded the leaders of three major factions. The Revised Abuja Accord
and Schedule of Implementation gave nine months for peace to be restored
[33]. Until disarmament
and reorganization of security forces take place, it is hard for other
programmes to get started.
In most post-conflict countries, the initial phase of the peace process
is fo- cused on the peace accords, definition of power-sharing among
warring factions and other emergent political parties, con- stitution
making and elections. Women however, have not been encouraged to participate
in the peace accords nor have gender issues associated with peace been
directly addressed. Similarly, most inde- pendent peace movements have
failed to address women’s rights or interests, hu- man rights abuses
committed during the war, or issues related to female partici- pation
in the electoral process [34].
Despite this lack of encouragement, a strong women’s peace movement
has emerged in most of the post-conflict countries, a movement which
is actively influencing and participating in peace-making and peace-building
activities.
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B. Democratization and the law
Women have made considerable gains during the evolving process of democrati-
zation, especially in the areas of inclusion of equal constitutional
rights for men and women, the growth and visibility of women’s movements
and an increased role for women in political decision-making through
affirmative action. One of the first political measures in post-conflict
societ- ies has been drawing up new constitutions that are reflective
of the new dispensation. For example, the Constitutions of Mozambique
(1990), Ethiopia (1993), South Africa and Uganda (1995) all pro- vide
for equal rights for men and women. These countries have also ratified
the Con- vention on Elimination of all forms of dis- crimination against
Women (CEDAW).
In a large number of post-conflict countries, the provision of equal
constitu- tional rights is contradicted by the conces- sion to customary
law, perpetuation of highly discriminatory civil and penal codes, religious
laws, the absence of family law and other legal measures. For example,
Article 34 of Ethiopia’s Constitution pro- vides for wide-ranging social,
economic and political rights for women. However, Article 34 (5) states
that “This constitution shall not preclude the adjudication of dis-
putes relating to personal and family laws in accordance with the religious
and cus- tomary laws, with the consent of the par- ties to the disputes.
Particulars shall be determined by law” [35].
The 1955 Civil Code of Ethiopia con- tains numerous discriminatory
provisions regarding women, who are clearly consid- ered subordinate
to men. However, it had repudiated religious and customary rules governing
matrimonial and family rights. Paradoxically, the new constitution reinstated
customary and religious laws in spite of the apparent contradiction
of this measure with provisions in CEDAW and other international human
rights instrument, which is incorpo- rated by the new constitution.
Women’s land rights in Mozambique
Amid considerable controversy, and after two
years of debate and revisions, a new land tenure law has been adopted
by Mozambique’s parliament. Among other things, the new law stresses
the equality of men and women in obtaining land titles. Traditional
land tenure practices, according to the Council of Ministers, discriminated
against women’s access, promoting an initial effort to remove references
to the “customary” law. But oppo- sition parliamentarians from the Mozambique
National Resistance (RENAMO), the former rebel movement, objected to
these clauses, as well as to the retention of state ownership of land,
with individuals granted use and occupancy rights.
The two main farmer’s associations strongly
supported the law, while numerous civil orga- nizations lobbied for
various amendments. The final draft compromised by reinserting a clause
on customary practices, but specified that these could not violate constitutional
guarantees of gender equality. In addition, a new clause was added stating
that inherit- ance of land must be “independent of sex”. Ms. Janet Assulai,
a lawyer for the rural organization for Mutual Assistance commented
that “our society is in second place. We must shift the mentality. It
is important to repeat gender equality in all new laws to accustom people
to the new thinking”.
Source: Africa Recovery, October
1997, United Nations
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C. Women in decision- making structures
In addition to the formal inclusion of equal constitutional rights
for men and women, a relatively large number of war- torn societies
have adopted affirmative action policies with respect to women in decision-making
structures. In Mozambique and Uganda, governments or ruling parties
have reserved 30 per cent of the seats in the national, regional, and
local assemblies for women. In most cases, the formal electoral process
has removed criteria that would prevent women from voting or standing
for election. There are, however, a number of structural prob- lems
which inhibit African women’s full political participation. These include
such problems as high levels of illiteracy among women, lack of self-confidence,
societal attitudes towards women in leadership and lack of resources
to seek office. These structural factors and the lack of explicit measures
to promote women’s participa- tion in elections mean that very few women
participate as members of national elec- toral commissions or voter
registration teams. However, in all the post-conflict African countries,
women constitute a size- able and enthusiastic electorate.
Given the problems outlined above, the number of women candidates is
not negligible. Significantly, in the 1992 election in Angola, Mrs.
Analia de Victoria Periara was one of the thirteen candidates running
for President. Moreover, her Lib- eral Democratic Party, which stated
that it represented the youth and women of Angola, gained 2.3 per cent
of the votes for the legislative elections, 3 seats in parliament and
29 per cent of the vote for the Presidency. Since then, women have been
made Vice-President in Uganda and Speaker of the House in South Africa.
In Liberia, Mrs. Ellen Johnson-Sirleaf is head of the opposition Unity
Party.
A number of constraints still stand in the way of qualitative improvements
in women’s participation in decision-mak- ing. A major constraint facing
potential female candidates has been a lack of in- formation. Women’s
groups such as The Forum for Women in Democracy (FOWODE) and the Ugandan
Women’s Network (UWONET) provided civic edu- cation prior to the elections.
The govern- ment however did not disseminate a great deal of information
to women regarding the new government structure or the re- served seats
for women at either the dis- trict or sub-county level.
A second problem relates to the small gender-aware female vote and
the prohibi- tive costs of campaigning, when many women candidates lack
independent re- sources. Women voters are not sensitized about the manner
in which they can influ- ence local government decisions by vot- ing
for women and men who will remain accountable to them. This tends to
force female candidates to rely on political pa- tronage of a ‘godfather
type’ as a campaign strategy, thereby compromising the ability of women
candidates to be truly account- able to the women’s vote.
A third problem includes women councilors, who may not be knowledge-
able enough about gender issues or sen- sitive to the needs of women,
particularly the need to challenge some of the tradi- tional values
that undermine the status and rights of women. Women councilors may
well not have the skills to main- stream gender issues in development
plans. While these concerns can be ad- dressed through gender training,
such training has not had high priority in post- conflict situations.
Sometimes, women councillors gain some power at the local level but
claim that they are left out at the county and district levels where
stra- tegic policy and budgetary decisions are made. Strategic political
and gender train- ing for women (and men) councillors can enable them
to:
Help women in local communities ex- press their priorities for public
expen- diture;
Translate these priorities into budget allocations;
Oversee implementation of the allo- cations; and
Hold local officials accountable on be- half of local women.
The moves towards decentralization in some countries have brought many
women into mid-level and local govern- ment councils, but additional
programmes and measures are needed to consolidate advances made. These
include legislative reforms that abolish all laws that discrimi- nate
against women, incentives creation for their enhanced participation
in the economy and in public life, legal educa- tion and consultation
particularly before finalizing legal reforms, gender training for judges,
magistrates and local government officials, and monitoring of the extent
to which women benefit from national and local government public expenditure
and capacity building [36].
In Uganda the Decentralization Sec- retariat training programme has
not in- cluded gender and development skills training, nor is it oriented
toward strength- ening women’s political participation at the local
government level. Only a few women have been targeted for the training
programme, as it tends to favour the par- ticipation of Council Chairpersons
and lo- cal government technocrats, few of whom are women.
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