REPORT ON THE AUDIT OF THE SADC DECLARATION ON GENDER AND DEVELOPMENT ON WOMEN

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REPORT ON THE AUDIT OF THE SADC DECLARATION ON
GENDER AND DEVELOPMENT ON WOMENS RIGHTS

• PRESENTED AT THE CIVIL SOCIETY FORUM, 14 AUGUST
  2005, GABORONE, BOTSWANA

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FOCUS Clauses in the SADC Declaration On Gender
And Development

• H(iv) Repealing and reforming all laws, amending
  constitutions and changing social practices which
  will still subject women to discrimination, and
  enacting empowering gender sensitive laws
• H(vii) Protecting and Promoting the human rights
  of women and children
• H(viii)Recognising, protecting and promoting the
  reproductive rights and sexual rights of women
  and the girl child

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Specific Provisions

• Amendments of Constitution
• Repeal of Laws
• Change social practice, custom and tradition
• Enacting empowering gender sensitive laws
• Enacting/amending marriage and family laws
• Enacting laws on gender based violence
• Protecting the right to life integrity and
  security of the person-human rights of women
• Amending penal laws with regards to HIV/AIDS and
  enacting specific legislation on HIV/AIDS

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Specific Provisions (continues)

• Amending citizenship laws
• Amending, Repeal and Enacting inheritance laws
• Providing gender friendly Courts/environment and
  gender friendly police units
• Enabling legislation to accessing justice
• Amending/Enacting education laws taking into
  account policies-legal literacy
• Enacting sexual offences laws and Domestic
  Violence Acts
• Enacting gender sensitive electoral Laws

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Amend Constitutions/Repeal Of Laws/ Enact Gender
Empowering Laws

• SADCGD-Clause H(iv) to repeal and reform all
  laws, amend constitutions and change social
  practices which still subject women to
  discrimination, and enact empowering gender
  sensitive laws
• African Protocol-Article 2.1-through
  constitutions and legislative measures will
  ensure principle of equality between men and
  women and ensure application.-Legislative
  measures to prohibit curb discriminating and
  harmful practices endangering well being of
  women-Gender mainstreaming in their policy
  decisions, legislative and development plans
• BPFA-Strategic objective 1.2-Ensure equality and
  non-discrimination under the law and in practice.
  Para. 230 (g) implement the convention by
  reviewing all national laws, policies, practices
  and procedures to ensure they meet international
  human rights standards. Para.232 being general
  covering different aspects
• CEDAW- Article 2 to abolish existing laws,
  regulations, customs and practices that
  constitute discrimination against women. Article
  2 (a) to embody the principle of the equality of
  men and women in their national constitutions or
  other appropriate legislation if not yet
  incorporated therein and to ensure through law
  and other appropriate means, the practical
  realization of this principle.
• MDGs-Goal 3 Promote Gender equality and the
  empowerment of women

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Change social practices, customs and traditions

• SDGD-H (vi)
• African Protocol-2.1.(b) enact and effectively
  implement legislative and regulatory measures,
  including those prohibiting and curbing all forms
  of discrimination, particularly those harmful
  practices which endanger the health and
  well-being of women
• BPFA-Strategic objective I.2, Para 232 (d) Review
  national laws, including customary laws and legal
  practices. Para 108 (b)
• CEDAW-Article 5 (a)-. to modify the social and
  cultural patterns of conduct of men and women,
  with a view to achieving the elimination of
  prejudices and customary and all other practices
  which are based on the idea of the inferiority or
  superiority of either of the sexes on stereotyped
  roles for men and women

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Enacting / amending Family / Marriage laws

• Covered extensively in the African Protocol Art 6
  and CEDAW art 16. Rights. Protocol in Art 6-
  States Parties shall ensure that women and men
  enjoy rights and are regarded as equal partners
  in marriage. Both instruments calls for
  protection in marriage with regard to right to
  free and full consent to enter into marriage, set
  marriageable age for both at 18, equal
  proprietary rights during and after marriage,
  right to acquire and administer property in her
  own name, equal rights over children and family
  planning

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Protecting the right to life integrity and
security of the person-Human rights of women
Human Rights

• African Protocol-Art 4 (1) Every woman shall be
  entitled to respect for her life and the
  integrity and security of her person. 8 (f) amend
  practices, Art 3. 1-4 right to dignity inherent
  in a human being, Art 20 rights of widows and
  children. Art 23 rights for Women with
  Disabilities. Article 24 Special Protection of
  Women in Distress
• BPFA-H. Strategic Objective 1.1-Promote and
  protect the human rights of women through the
  full implementation of all human rights
  instruments, especially CEDAW.
• CEDAW-Article 3, Guarantees women the exercise
  and enjoyment of fundamental human rights on the
  same basis as men. Art 6 women trafficking and
  prostitution.

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Enacting sexual offences laws and Domestic
Violence Acts/ Reproductive rights/Amending penal
laws with regards to HIVAIDS and enacting
specific legislation on HIV/AIDS/ Enacting laws
on gender based violence

• SDGD-Hvi) Hviii), Hix)
• African Protocol-Article 14.2 take appropriate
  measures to (c) protect the reproductive rights
  of women by authorizing medical abortion in cases
  of sexual assault, rape, incest and where
  continued pregnancy endangers the mental and
  physical health of the mother or the life of the
  mother and foetus.
• BPFA- strategic objective C3 , Para 108(b)
• Review and amend laws and combat practices, as
  appropriate, that may contribute to womens
  susceptibility to HIV infection and other
  sexually transmitted diseases, including enacting
  legislation against those socio-cultural
  practices that contribute t it, and implement
  legislation, policies, and practices to protect
  women, adolescents and young girls form
  discrimination related to HIV/AIDS
• CEDAW-Article 12-access to health care services,
  including family planning services, rights in
  pregnancy,confinement and post natal period,
  rights in child bearing

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Amending citizenship laws

• African Protocol-6(g) A woman shall have the
  right to retain her nationality or to acquire the
  nationality of her husband
• CEDAW-Article 9 (12) States Parties shall grant
  women equal rights with men to acquire, change or
  retain their nationality.
• States Parties shall grant women equal rights
  with men with respect to the nationality of their
  children

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Amending, Repeal and Enacting inheritance laws

• African protocol-Article 21 (1) States Parties
  shall ensure that a widow shall have the right to
  an equitable share in the inheritance of the
  property of her husband. A widow shall have the
  right to continue to live in the matrimonial
  house. In case of remarriage, she shall retain
  this right if the house belongs to her husband or
  she has inherited it.

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Enabling Legislation To Accessing Justice

• African protocol-Article 8. Access to Justice and
  Equal Protection before the Law. Article 25
  Remedies. States parties shall undertake to
  ensure that remedies are determined by competent
  judicial, administrative or legislative
  authorities or by any other competent authority
  provided law.

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Amending/Enacting education laws taking into
account policies-legal literacy

• African protocol -Strategic objective 1.3 a) i)
• Achieve legal literacy Para 233 ) translate into
  local and indigenous languages, alternative
  formats for people with disabilities, people a
  lower levels of literacy, publicise and
  disseminate human rights laws
• Disseminate info on national legislation and its
  impact on women legal training programmes for
  institutions such as police, military and other
  law enforcement agencies, include human rights of
  women and its impact school curricula .
• Education campaigns on rights of refugee and
  displaced women, migrant women, and make resource
  available to them,

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ANALYSIS

• Most countries have done the following
• Introduced policy on reduction of the direct and
  indirect costs for girl child education
• Revision of national education policies to allow
  re-entry for school drop-out due to pregnancy
• Free primary education for girls and boys
• Removing gender stereotypes in careers, school
  text books
• Establishment of bursaries for girls
• Policy of girls who get pregnant to go back to
  school after delivery
• 50/50 enrolment policy at primary school level,
  at tertiary level
• Passing of HIV/AIDS policies
• Putting in place a Gender Machinery
• Enactment of the prevention of Domestic Violence
  Act ( with an exception of a few countries).

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Analysis

• A majority of countries have
• Have not domesticated CEDAW
• Have not ratified the African Protocol, and some
  have not even signed

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Analysis

• Namibia
• Electoral laws provide that each party should
  have at least 30 women candidates
• Developed and passed HIV/AIDS Human rights Charter

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Analysis

• Mozambique
• Passed the family law Code which allows either a
  man or a woman to be a head of the family,
  non-recognition of polygamy
• Have not domesticated CEDAW
• In the process of ratification of the African
  protocol

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Analysis

• Botswana
• Abolished the marital power and that led to
  amendment of Deeds Registry Act which allows
  women to now regsiter property in their own name,
  consent in marriage for both parties and sharing
  of property for couples who ate cohabiting
• Enactment of the domestic violence act
• Not domesticated CEDAW
• Signed the African protocol
• Adopted a Constitution

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Analysis

• Zimbabwe
• Passed sexual offences Act which criminalises
  marital rape and willful transmission of HIV/Aids
• Enactments of domestic violence Act
• Have not domesticated CEDAW
• Have signed the African protocol

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Analysis

• Lesotho
• Passed sexual offences Act which criminalises
  marital rape and willful transmission of HIV/Aids
• Section 26(1) of the Local Government Act
  stipulates that third electoral division of the
  1272 seats should be reserved for women
  candidates
• Putting in place a human rights commission
• Enactment of domestic violence Act
• Have not domesticated CEDAW
• Have signed the African protocol

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Analysis

• Tanzania
• Constitution reserves 20 of parliamentary seats
  for women distributed on a proportional
  representation basis

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Analysis

• Zambia
• A bill to sent to prison men who impregnate or
  marry female pupils and students without an
  option of a fine
• Constitutional reforms (draft Bill) have been
  declared void all laws even customary that have
  an effect of discriminating against women
  defined discrimination against women
• Equality in marriage
• Protection of women against all forms inhuman and
  degrading treatment
• Right of women to change their nationality and
  that of their children
• Inclusion economic social and cultural rights and
  made them justiciable

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Analysis

• Malawi
• Putting in place human rights commission
• Have not domesticated CEDAW
• Have not signed the African Protocol

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Analysis

• Swaziland
• have not domesticated CEDAW
• Have signed African Protocol
• Have adopted a Constitution (July 2005) but not
  come into effect yet-
• - Equality clause
• Right of women to be forced to perform any
  cultural practice
• Bill of Rights
• But right citizenship for women not granted

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Analysis

• South Africa
• Recognition of Customary Law Marriages
• Joint administration of property in marriage

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Concluding observations

• More commitments on paper than action
• SADC DGD in paragraph H(i)-(x) list commitments
  key ones being constitutional and legislative
  reforms looking at recent Constitutions they do
  not mirror the commitments set or they are still
  wanting. E.g Swaziland new Constitution still
  does not allow women to pass citizenship to their
  children born from foreign men, yet tge same
  Constitution talks of equality before the law and
  non-discrimination on basis of sex, gender, etc
• CEDAW is regarded as the Bill of rights for women
  since it comprehensively covers womens rights,
  however it has not been domesticated to become
  enforceable.
• African Protocol is an African brewed CEDAW,
  however not all African state members have signed
  the instrument
• BPFA- The strategic objectives covered in
  particular in I1-3 are extensive enough to bring
  about significant results in the area of womens
  rights, however little has been done.
• MDGs- remain a challenge if the above
  instruments have not been implemented

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Recommendations

• Allocation of budgets to ministries focusing on
  womens rights. Having Gender desks is not
  enough.
• Setting up of human rights institution such as
  Gender Commission in South Africa to monitor
  implementations of the instruments
• Civil Society have consented efforts