State Reporting Under The Womens Protocol

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State Reporting Under The Womens Protocol

• Mwiza Jo Nkhata
• LLD Candidate, Centre for Human Rights

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Understanding state reporting?

• Although intervals may differ all major human
  rights treaties require state parties to provide
  periodic reports outlining measures of
  implementation.
• In a state report the country indicates the
  legislative, judicial, administrative and other
  measures taken to comply with the treaty
• SR must be considered as a continuing process to
  enhance respect for rights

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Contd.

• Reports either Initial or Periodic
• Preparation of the report must be comprehensive
  and consultative process
• Understanding the treaty, reporting guidelines,
  GC, Concluding observations and situation in
  country
• List of issues
• State response to the list of issues

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Why state reporting

• An avenue for constructive dialogue not
  confrontational
• The monitoring function balance theory and
  practice
• Public scrutiny international and domestic
  accountability
• Acknowledging problems frank disclosure of
  human rights situation

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Reporting under the Womens Protocol

• Must be understood together with the ACHPR
• ACHPR (art. 62) requires reports every 2 years
• Art. 26 of Protocol requires states to report on
  Protocol when reporting under ACHPR
• Procedure under Protocol still unclear and no
  guidelines exist yet

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How should states report under the Protocol

• Parties to the ACHPR must present a report in two
  parts. For the Initial report
• Process of preparation civil society
  involvement?
• Background information the legal framework, is
  protocol directly applicable?, did the state
  enter any reservations? If yes, whats the
  effect? Has it been invoked domestically?

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Contd.

• Description of institutions relevant to Protocol
  and their budgetary allocation , information on
  gender budgeting, information on gender
  mainstreaming, information on gender audit of
  laws or legal reforms with gender implications

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Specific provisions

• Legislation
• Administrative measures
• Institutions
• Policies and programmes
• Public education
• Remedies (judicial and administrative)
• Challenges experienced
• Disaggregated statistics
• Other measures

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The content

• For ease of reporting , Protocol can be
  thematically arranged. Following themes handy
• Equality and non-discrimination
• Protection of women from violence
• Rights relating to marriage
• Health and reproductive rights

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Contd.

• Economic, social and cultural rights
• Right to peace
• Protection of women in armed conflicts
• Rights of specially protected womens groups

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How to deal with a selected theme

• E.g. - Equality and non-discrimination Provide
  detail with respect to the following
• Measures towards elimination of discrimination
  (article 2)
• Access to justice including legal aid, training
  of law enforcement officers art 8
• Political participation and decision making art
  9
• Education article 12

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Subsequent reports

• Measures to implement recommendations in
  concluding observations
• Measures taken to publicize CO
• Progress made in implementation of protocol since
  last report
• Challenges faced since last report
• Future plans with regard to implementation of
  Protocol