[women-rights] Entry into force of the African protocol on women's rights and launching ofthe 16 days activism

Press release WiLDAF

 This 25 November, 2005, the Protocol to the African Charter on Human
and Peoples’ Rights relating to Women's Rights in Africa enters into
force. 

 It is with a great delight that we celebrate the event, which marks
a significant turning point in the history of African women’s
struggle for the recognition and the respect of their basic human
rights. 

 From this 25 November, 2005, date that we wish to engrave in gold
lettering in the history of our continent, this instrument likely to
do justice to women and girls of the continent will apply from now
on. 

 On this occasion, WiLDAF would like to pay a deserved tribute to all
women wherever that they are, and to women's rights activists in
general, for the work, the support, courage and perseverance they
showed during these last ten (10) years so that the protocol relating
to women's rights has today legal existence and has force of law. 

 WiLDAF salutes those States that have ratified the protocol and in
which the instrument can thus be applied. These are: Benin, Cape
Verde, Comoros, Djibouti, The Gambia, Libya, Lesotho, Mali, Malawi,
Namibia, Nigeria, Rwanda, South Africa, Senegal and Togo. 

 We also take advantage of this opportunity to thank the following
active organisations from the very start of the process for their
vision and their commitment from the very beginning, and for their
active involvement in the various stages of the process of the
protocol. They are: WiLDAF, African Centre for Democracy and Human
Rights Studies, Inter-African Union of Human Rights (UIDH), the
Inter-African Network for the Fight against Violence perpetrated
against Women (RIAF-DLVF), the Sub-Regional Council for the fight
against Harmful Practices to Mother and Child Health (CPTN), Women in
Law in Southern Africa Research Trust (WLSA), Women and Law in
Eastern Africa (WLEA), Alliance of Jurist Women (Tunisia),
Concertation of Women Association Collectives of the Great Lakes
sub-region, the African Centre for Gender and Development
(CAGED/CEA), Femmes Africa Solidarity (FAS), the Office of the United
Nations High Commissioner for Refugees. We are delighted that other
organisations joined the action at the eve of the 2nd meeting of
experts and also pay tribute to their determination to add their
contribution to the process of adoption, ratification and
implementation of the protocol. 

 It is appropriate, while celebrating the entry into force of this
instrument, to recall in few words the course of this significant
instrument. 

 Fruit of an exemplary collaboration between the African Commission
on Human and Peoples’ Rights (ACHPR) and the civil society
organisations, the protocol was considered as a priority for the
promotion and the protection of African women's rights during a
workshop held in March 1995, organised by the African Commission in
collaboration with WiLDAF/FeDDAF and the International Commission of
Jurists based in Geneva. 

 The recommendations of the workshop advocated that a protocol on
women's rights is established and that a Special Rapporteur on
women's rights is appointed. The Conference of the former
Organisation of African Unity (OAU) gave mandate to the Commission to
initiate and coordinate the development process of the draft
protocol. A working group was set up to propose a text. 

 From the very beginning, the process was very participatory. The
civil society organisations were mobilised to enrich the first
version drafted by the working group. The mobilisation increased
throughout the process. For, more and more organisations were
interested in all the stages of the protocol development. Indeed, to
a certain stage of the process, the Inter-African Committee on
Traditional Practices having Harmful Effects on Women’s and
Children’s Health submitted its own convention to the OAU
Secretariat. The Secretariat deemed advisable to integrate this draft
relating to a specific aspect of women's rights to the existing draft
Protocol and to submit only one document to the General Meeting of
OAU. The numerous episodes which marked out the process sometimes put
the civil society in a cold sweat. One of the most difficult times
was the long waiting time between the first and the second meeting of
experts due to the successive deferments for absence of quorum. 

 But the efforts of lobbying of the civil society and the
determination showed by the African Union officials responsible for
the dossier forced the holding of the second meeting of experts. It
was followed by that of Ministers concerned by the protocol, the
Council of Ministers of Foreign Affairs. The Council of Ministers of
Foreign Affairs which met prior to the Summit of the Heads of States
and Government thus put the dossier of the protocol on the agenda of
this summit in July 2003. Eight years after the start of the process,
the protocol was thus finally adopted by the Heads of State. 

 Once this stage passed, then began another struggle that is its
entry into force. To achieve this, 15 ratifications were necessary.
The optimism that spurred on women’s rights activists shortly after
the adoption of the text made them believe that the instrument could
come into effect latest a year after its adoption that is in July
2004. But we had to face the evidence because one year after, only 3
countries had ratified and deposited their instrument of ratification
with the African Union. Then, a new campaign was intensified towards
the Heads of State and Government for a speed up of the ratification
process. The latter adopted during their Summit of July 2004 a
declaration known as Solemn Declaration on gender equality in which
they committed themselves to make the protocol enter into force
latest by the end of 2004 and to ensure that it will apply in 2005. 

 Confident of this commitment, women’s rights activists tried extra
hard. Once again, the expectations were not met. By the end of 2004,
only 3 other countries joined the list. Women organisations
reinforced their strategies of lobbying from the very start of 2005.
This was profitable, since on 12 October, 2005, Togo ratified the
protocol and deposited the instrument of ratification on the 26th day
of this month, being thus the 15th country whose ratification was
expected. Finally the dream became a reality! 

 This is the place to pay a deserved tribute to all the partners who
supported us throughout the process. I want to mention the Canadian
Centre for study and International Cooperation (CECI-DCF), which
supported WiLDAF and human rights organisations and women
associations since the phase of development until the eve of the
adoption of the protocol. We also wish to extend our acknowledgment
to Open Society Institute in West Africa (OSIWA) for its support how
much invaluable during the ratification phase. Finally we express our
gratitude to GTZ, which also supported us. 

 Why the protocol is so important? 

 For African women, the entry into force of the protocol is an
essential stage towards the recognition of rights whose daily
violations cause huge sufferings. The protocol provides, as the
Convention on the Elimination of all forms of Discrimination against
Women (CEDAW), a reference legal framework enabling various
stakeholders and populations to daily work towards the respect of
women's rights. 

 But more than the CEDAW, the legal framework of the protocol is the
reflection of the specific violations against African women. The
preamble justifies the adoption of the protocol by the maintenance of
discrimination against women and harmful traditional practices, and
this despite the commitments made by States on international and
regional levels. It also expresses in a solemn manner the accession
of leaders to the principle of gender equality. 

 Beyond these declarations, the protocol will allow, through its
provisions, for addressing as crucial issues as the multi-sided
violations of rights in marriage, violence, serious attacks to life,
physical and moral integrity to women and girls security, of which no
one can deny the yelling reality in our societies. While its entry
into force coincides with the launching of the 16 days activism on
violence against women, it is necessary to outline the particular
place that the protocol as legal framework and tool must occupy from
now on for the fight against gender violence in Africa.

 The entry into force of the protocol provides an irreplaceable
framework to put an end to violations of which women and children,
particularly girls, are victims in period of conflict, as civilians,
refugees or soldiers, and to take up the challenge of peace in
Africa, indispensable condition for development. 

 The struggle against traditional practices harmful to the health of
women and girls has to be backed by the protocol, which provides
guidelines for their elimination. The economic and social rights,
also vital as the right to health, including reproductive health, the
right to education and the rights to succession of widows and girls,
which are daily scorned by ignorance or intentionally, would be
better protected if the actions taken could be built on adequate
measures like those recommended by the protocol. Ultimately, there is
no doubt that in the interest of hundreds of thousands of women and
girls in Africa, the protocol relating to women's rights will provide
a priceless support to the work of women’s rights organisations in
the daily fight for a fairer world. 

 Finally, the entry into force will enhance the credibility of AU,
which showed its commitment to promote women’s participation and
gender equality, particularly parity within the AU Commission and
equitable representation of Judges at the African Court of Humans and
Peoples’ Rights in order to show consistency and constancy. 

 The entry into force of the protocol marks, all things considered, a
decisive stage towards the rooting of a culture of respect and
exercise of women’s human rights in African societies. 

 We are conscious that the work must be pursued so that the protocol
experiences a full application and that it truly serves for the
protection of women's rights on the continent. We therefore commit
ourselves to pursue the mobilisation at all levels. From now on, our
work will aim at ensuring that all the 53 African States ratify the
protocol, that legislative reforms start, that the provisions of the
protocol apply in our courts and finally that the settlement of any
dispute involving a woman is based on the provisions of the protocol
in order to do justice. 

 Then, we call on those countries, which did not ratify to date the
protocol, to do it without delay and reservation so that all women of
the continent can effectively profit from this instrument likely to
encourage their full development and participation in a sustainable
development 

 We urge Burkina Faso, Guinea, Mauritania, and Zambia which have
already caused their Parliament to adopt the law authorising the
ratification of the protocol to take all actions to submit with the
African Union Commission the instrument of ratification. 

 We call on those States who have ratified the protocol with
reservations to withdraw these reservations. 

 We invite all the stakeholders who worked so far and others who will
want to join us to do every thing possible to provide women’s rights
and human rights organisations in general, with capacities necessary
so that they can monitor and evaluate the implementation of the
protocol. 

 Finally we want to seize the opportunity to welcome the election of
Mrs. Ellen Johnson-Sirleaf as President of Liberia. This election is
of good sign for the application of the provisions of the protocol,
particularly its Article 9.1a which states that women shall take part
in all elections without any discrimination. 

 
WOMEN IN LAW AND DEVELOPMENT IN AFRICA (WiLDAF)
FEMMES, DROIT ET DÉVELOPPEMENT EN AFRIQUE (FeDDAF)
WEST AFRICA SUB-REGIONAL OFFICE / BUREAU SOUS-RÉGIONAL – AFRIQUE DE
L’OUEST
B.P. 7755, Lomé, Togo – Téléphone (228) 222 26 79 - Fax (228) 222 7390
Email : info@wildaf-ao.org - Site : www.wildaf-ao.org




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