Fourth Update on the Campaign to Ratify the Protocol On the Rights of Women in Africa
Prepared by Equality Now

Below are current updates that Equality Now has received from national/regional organizations that are actively working on the campaign for ratification of the Protocol on the rights of women in Africa. Also included are: (1) an update on the “text now 4 women’s rights campaign”, (2) the outcome of the mapping exercise on the processes of ratification in the different countries, (3) status of signatures and ratifications and (4) current and upcoming events.

Reporting on National Campaigns

Djibouti
The National Committee on Human Rights and UNFD (Union Nationale des Femmes Djiboutiennes) have conceived a plan to continue with awareness raising around the Protocol with a view to intensifying lobbying of officials as soon as the parliament reconvenes in September 2004. They are using as a campaign tool an article that appeared in the official local paper La Nation on 8 July 2004. It was a long interview with the country’s First Lady, Mrs. Kadra Mohamoud Haid, in which she voiced support for the ratification of the Protocol, thereby giving a boost to the national campaign. In June, Equality Now had written to Mrs. Haid to request her support for the campaign. The article is included below this update.

The Gambia
ACDHRS has been lobbying MPs extensively. They have sent copies of the special issue of Pambazuka to the Vice-President of the Republic who is also in charge of Women’s Affairs, the speaker, the deputy speaker, the majority leader as well as the minority leader of the Assembly. ACDHRS received communication from the National Assembly informing them that a session is scheduled to take place from 19 to 21 August and wanted to know of issues they would like to be included in the agenda. In response, ACDHRS mentioned the pending ratification of the Protocol and sent its text along with their response. ACDHRS has also planned meetings with some key parliamentarians, including both the minority and majority leaders and the Vice-President during 16 to 18 August and hopes to equip them with sufficient information to support the ratification of the Protocol when it comes up for discussion. In addition, ACDHRS has planned a consolidation meeting with members of parliament to further discuss the Protocol. NGOs working on projects benefiting women and children are also expected to attend. A network for the implementation of the Protocol is hoped to be one of the outcomes of the meeting to promote further work around the popularisation and implementation of the provisions of the Protocol.

Guinea
CPTAFE (Cellule de Coordination sue les Pratiques Traditionelle Affectant la Sante des Femmes et des Enfants) continued campaigning and is currently lobbying hard for a special parliamentary committee to take responsibility for pushing through Guinea’s ratification. They are trying to avoid ratification by the entire National Assembly, as this requires an ordinary session that only takes place once a year. The following weeks are crucial for the campaign.

Kenya
The Coalition on Violence against Women (COVAW) wrote a brief on the Protocol for the Minister of Gender and planned to discuss it with him to use it to seek the Cabinet’s approval for ratification. Unfortunately, the reshuffle of the Cabinet hampered their progress as this meant fresh lobbying of the new minister. The brief is now with the Assistant Minister and COVAW has written a request to meet the Minister to discuss the brief on the Protocol. In addition, COVAW prepared information packs including fliers, to use in their campaign. They met with the Association of Media Women in Kenya (AMWIK) to brief them and solicit their interest to do a feature article on the campaign. They have also been in touch with Capital FM Radio, the Parents Magazine and Eve Magazine to also get involved in the campaign. COVAW held a meeting of NGOs on 12 August 2004, which was also attended by representatives of AMWIK and Capital FM Radio. Equality Now’s Africa Regional Director together with Mary Wandia (FEMNET) and Anne Gathumbi (COVAW) briefed the participants about the campaign. Ideas for lobbying the Kenyan Government were floated and COVAW is taking these forward.

Mali
AJM (Association des Juristes de Mali) continued to campaign for ratification of the Protocol. They visited the Minister for Gender for an update on the status of ratification. The Minister confirmed that the cabinet has approved ratification and submitted it to the National Assembly for consideration. The Assembly is in recess at present and is expected to reconvene in October 2004 and the Protocol is expected to be among its agenda items. AJM also held a consultation meeting with the Law Commission with a view to strategizing together regarding soliciting the support of the MPs for the bill of ratification.

Malawi
Although at present there is no partner organization working in Malawi, Equality Now has learned that the Women Lawyers Association has integrated activities around the Protocol into its current program and so Equality Now plans to approach this group about coordinating efforts.

Mozambique
The Foundation for Community Development (FDC) is in the process of finalising its work-plan. They are thinking of hosting a meeting for women parliamentarians to secure their commitment for the ratification of the Protocol. They plan to use the meeting as a hook to involve the media in the campaign also. In addition, they are coordinating with the Ministry of Women to join efforts and include the ratification of the Protocol in their Beijing +10 consultation process as a way of disseminating information and lobbying for the Protocol.

Namibia
Sister Namibia continued to monitor the progress of the ratification debate in the lower and upper houses of the national parliament. The document is now with the upper house and expected to be approved soon.

With funding from UNICEF Sister Namibia launched a series of workshops in various parts of the country to educate marginalized rural and urban women on their human rights, using the AU Protocol as the basis for their training and linking this to the reality of the participants' experience in the areas of health, education, employment, etc. Sister Namibia is in the process of finalising an activity plan for public awareness raising in the form of panel discussions and a media campaign using the print media, radio and television.

Nigeria
Women Rights Awareness and Protection Alternative (WRAPA) briefed the minister for gender who expressed her willingness to support the ratification campaign. She also endorsed the initiatives to support her submissions to the Federal Executive Council. As follow-up to the discussion, WRAPA and the Legal department of the Gender Ministry prepared a draft memorandum for the minister, which they hope that she will review and present to the cabinet for approval of ratification. They will have a follow-up meeting with the minister in the coming week. WRAPA also drafted a simplified booklet on the Protocol that emphasizes the provisions, principles and benefits for women. They will be using this as an advocacy tool beginning with a meeting of MPs which they plan to host in early September. WRAPA has also prepared an overview of the Protocol highlighting the role played by civil society in the processes leading to the ratification and beyond. This will be directed at civil society organizations to solicit support for pressure on the President and now Chair of the African Union to have Nigeria lead by example by an early ratification and domestication of the Protocol. WRAPA also prepared articles that they will submit to two national dailies and some state owned media papers at an appropriate time. The purpose is to sensitize and solicit support for the ratification and subsequent domestication of the Protocol.

South Africa
A training course titled "Gender Equality in Africa - Exploring New Horizons" hosted by the Centre for Human Rights at the University of Pretoria under its Good Governance Programme is scheduled to take place during 6 to 10 September 2004. The Centre is using this opportunity to raise awareness, generate informed debate and hone advocacy, lobbying and research skills in order to take the fullest advantage of opportunities offered by the African Union and the new Protocol on the rights of women, to promote gender equality at all levels. Elize Delport continued to monitor the ratification process. The Protocol is now with the Justice Portfolio Committee in Parliament.

Uganda
Akina Mama wa Afrika (AMWA) hosted a strategy meeting on 19 July 2004 to create awareness of the Protocol among women’s groups and define a strategy for its ratification. Two of Uganda’s MPs to the Pan-African Parliament, the Hon Miria Matembe and the Hon Loice Bwambale, attended the meeting and lent support to the campaign. The Hon Irene Ovonji-Odida, a Member of the East African Legislative Assembly who chaired the meeting, also voiced support for the campaign. Aside from the women’s organisations, officials from the Ministries of Gender and Foreign Affairs were also present. The meeting agreed to petition for a meeting with President Yoweri Museveni on ratification. Media campaigns using the Uganda Media Women’s Association (UMWA) were also agreed on as one way of popularising the Protocol and winning public support. AMWA is closely following the ratification process and is at present in touch with the Ministry responsible for gender.

Status of signatures and ratifications
Total signatures – 31
Total ratifications – 3

Mapping of the ratification process status
In consultation with the national and regional groups, Equality Now did a mapping exercise to get a sense of how far the process of ratification of the Protocol has progressed in the targeted countries. There is more information available for some countries than for others, but below is set out a general picture of the process in the countries concerned:

Djibouti
Ratification is approved by the National Assembly, which votes during the sessions on laws and bills. It is however possible for ratification to be effected by a special committee convened in an extraordinary session.

Ethiopia
The Ministry of Foreign Affairs gives its views on the substance of the Protocol and the applicability in the context of Ethiopia. It then passes the Protocol with the Ministry’s views to the relevant line Ministry in this case the Ministries for Women and Justice. After review by these Ministries the Protocol is passed to the Council of Ministers who after discussion and if in agreement, passes the treaty to parliament for ratification. The first stage has been completed. The line ministries are now working on preparing a submission to cabinet.

The Gambia
A state or private bill is tabled in the National Assembly moving a motion for ratification. The Assembly deliberates on the matter and then approves or rejects it. When approved it goes through the governmental process of sealing the ratification. The Foreign Ministry then deposits it at the African Union.

The Republic of Guinea
Ratification is approved by the National Assembly, which votes during the sessions on laws and bills. It is however possible for ratification to be effected by a special committee convened in an extraordinary session. CPTAFE is lobbying for the latter option to secure ratification before October 2004.

Kenya
The relevant Ministry puts the ratification process into effect. In this case it is the Ministry of Gender, Sports and Culture. The Ministry prepares a Cabinet Memorandum on the Protocol, which it tables at a Cabinet meeting. The Attorney General’s Chambers is assisting the Ministry in preparing the Memorandum. Cabinet discusses whether it should ratify or not. Once approved, the Secretary to the Cabinet then requests the AG to prepare the ratification document, which is then given to the Ministry of Foreign Affairs for deposit with the relevant treaty body, in this case The African Union.

Mali
After adoption of the Protocol, the Ministers for Women’s Affairs and Foreign Affairs do a joint submission to the Cabinet for approval of a draft Bill with the Protocol and an explanation on the merits for ratification annexed to it. Once the draft Bill is approved, the Cabinet authorizes the ratification procedure to be presented to the National Assembly, which makes a decree to pass the documents to the different committees for study and opinion particularly the Legal and Foreign Affairs Committees. The opinions of these two committees determine whether or not the treaty will be ratified. Once the draft Bill on the Protocol has been approved, the National Assembly authorizes the government to ratify the Protocol. The draft Bill is then passed into law for the ratification of the particular treaty.

Mozambique
In Mozambique ratification is done either by Cabinet approval or Executive decision. Where done by cabinet approval the procedure goes through the National Assembly, which votes during the sessions on laws and bills. It is however possible for ratification to be effected by a special committee convened in an extraordinary session.

Namibia
The National Assembly has approved ratification of the Protocol and has sent it to the National Council (i.e. the Upper House of Parliament) for consideration. The National Council can now either confirm its acceptance of the bill for ratification or refer it back to the National Assembly with amendments. It would then be considered further by the National Assembly, but would not be referred a second time to the National Council. Once passed by the National Assembly, the speaker then sends it to the President for assent. Thereafter it becomes law and the Ministry of Foreign Affairs deposits it at the African Union.

Nigeria
A memorandum seeking the approval of the Federal Executive Council (FEC) to ratify an international treaty or instrument (the Protocol in this case) is submitted by the focal government department (in this case the Federal Ministry of Women Affairs and Youth Development). An extract of the approval for ratification is then forwarded to the Ministry of Justice to prepare the instrument of ratification. This will then be forwarded to the Foreign Affairs Ministry for depositing with the African Union. When it comes to approval for domestication then it will require parliamentary approval and so it goes through the parliamentary processes.

South Africa
Ratification is effected by both houses of parliament based on advice given by the state law advisors. An international treaty binds the Republic of South Africa only after it has been approved by resolution in both the National Assembly and the National Council of Provinces. The Protocol is now with the Justice Portfolio Committee in the National Assembly for consideration.

Uganda
Responsibility for ratification of treaties falls on the Executive. The Ministry of Foreign Affairs starts the process by informing the relevant ministry, which then prepares a memorandum for the Cabinet requesting the Executive ratify the instrument. Once ratification is agreed, the Ministry of Foreign Affairs deposits the instrument of ratification with the relevant treaty body. Parliament then makes any necessary laws to implement the treaty (i.e. domestication). AMWA has reported that the Ministry of Foreign Affairs has passed the Protocol to the Gender Ministry to start the process of ratification.

Zimbabwe
The President has the power to enter into international agreements/treaties. Where any convention/treaty has been acceded to, executed or concluded by or under authority of the President it is subject to the approval of Parliament and will not form part of the law of Zimbabwe until it has been incorporated into the law by an Act of Parliament, unless otherwise provided for by the Constitution or Act of Parliament.

Text Now 4 Women’s Rights campaign
This is a new component to the campaign whereby Fahamu with support from Oxfam and the Canadian Development Agency (IDRC) aimed to recruit mobile users in Africa to support the online petition currently running at the Pambazuka website. This creative move is receiving popular attention even outside Africa and coalition members have been disseminating information to interested groups in and outside Africa. Several groups, for example, were urged to put up an announcement about the campaign on their websites as well as mobilize their members to take action in support of the campaign.

Current and upcoming Events

1) ICJ Annual Conference – The Kenyan section of the International Commission of Jurists will be discussing the Protocol at its annual conference to be held in Mombassa from 11 to 14 August. Equality Now’s Program Officer will participate in a presentation with Advocate Judy Thongori, a practicing lawyer in Kenya and a human rights activist, addressing what this important document is all about, what it means for women in Kenya and how far the Kenyan government has advanced in its ratification and implementation. Equality Now has already held a discussion with Judy, briefing her on the campaign and sharing ideas on mobilizing Kenyan lawyers in support of the campaign. The plan is to inspire Kenyan lawyers to take concrete action to exert more pressure on the Kenyan government to act fast on ratification.

2) International Conference on Female Genital Mutilation on developing a political, legal and social environment to implement the Maputo Protocol – Equality Now’s Africa Regional Director is invited to this conference organized by the Kenyan Government and No Peace Without Justice (an Italian NGO) in partnership with AMWIK (Association of Media Women in Kenya) and due to take place in Nairobi during 16-18 September 2004. This would serve as another excellent opportunity to persuade the Kenyan government to ratify the Protocol quickly while at the same time popularizing it among the participants. Participants from other countries in East Africa are also expected to attend and will be briefed on the campaign. In addition, Equality Now’s Africa Regional Director is writing an editorial for the Pambazuka news, which will be released around the conference dates.

3) FEMNET’S Regional Training Workshop on Advocacy 20-24 September 2004 – All activists are invited to this workshop which takes place in Nairobi; and one day (24th) is set aside for discussion about the campaign for ratification of the Protocol on the rights of women. We hope to see all of you soon.

4) Seventh Africa Conference on Review of Progress made on Women’s Equality a Decade after Beijing Conference - With WiLADF and other coalition members, Equality Now is committed to participating in a panel discussion featuring the Protocol during the upcoming NGO Forum on “Review of Women’s Equality 10 years after the Beijing Conference”. This will take place in Addis Ababa on 6-7 October 2004. It will be an excellent opportunity to inform and mobilize women activists just before the commencement of the governmental meeting on the same.

For a dignified and respected Djiboutian Woman

During the recent national celebrations of independence, women of Djibouti women launched a petition through the UNFD. Among the signatories to the Petition was the First Lady Madame Kadra Mahamoud Haid who added her voice to the call for a Djiboutian woman who is dignified and respected. The petition presented a long awaited opportunity for an interview with the first lady who also took the opportunity to join her sisters in Africa in calling for the ratification of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. The First Lady is also the chairperson of the UNFD.

The Nation: National news that has been dominated by the festivities of the celebrations of the 27th anniversary of our country has not failed to leave a special place for the expression of a new found dynamism of the women of Djibouti who have been mobilized around a Petition for the ratification of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. Could you tell us a little more about this initiative undertaken by your organization?

First lady: Let me start by thanking you for the interest you have shown in the cause of the women of Djibouti women by taking the initiative to conduct this interview. I remain firmly convinced that the privileged channel for the promotion of women is through the media whose noble mission is certainly to inform the public but also to fight the prejudices and stereotypes that alter the image of women of Djibouti. The celebration of the national independence of our country is an important date for all the citizens and a memorable date for all the children of the country.

UNFD chose these commemorative moments bringing together emotion and joy to launch a sensitization campaign for the ratification of the African protocol on women’s rights. The women of Djibouti had wanted to celebrate this anniversary in their own way by carrying this time round the torch of the promotion of the women in Africa. We wanted to express a hope at the time of this anniversary, a hope that all the African women and particularly the women of Djibouti will fully enjoy their rights.

The launch of the advocacy initiative for the ratification of the African Protocol on the rights of women in Africa at the time of the commemoration of the National independence flows from a well thought out strategy, which carries along with it deep messages for the keen observer.
Is it not necessary to give tribute to the women of Djibouti who fought for independence? The occasion has turned out to be favorable to make heard the voice of women in Djibouti, the fight of the UNFD for a dignified and respected Djiboutian woman.

The Nation: Why have you chosen a Petition to support your advocacy initiative?

First lady: First of all I would like to emphasize that the action taken by UNFD is far from being an isolated initiative. It takes effect from within a framework of a large coordination of women’s organizations that have taken up for themselves this noble fight against discrimination and a mission for the promotion of the condition of women. The objective of lobbying for the ratification of the African protocol on the rights of women, being to sensitize African states and governments whose heads are expected to meet within the context of the African Union at the beginning of July 2004. Furthermore, an online petition is also circulating on the Internet. UNFD found it appropriate to try out the technique of a petition, something virtually unheard of in the predominantly nomadic culture where issues are handled by word of mouth. This for us was a sufficient and efficient measure not only in the strategy of information but also in the sensitization activities hoped for. The conduct of this Petition by the activists of UNFD has revealed a new mode of expression of the collective conscience of women. From another angle the Petition supports close communication as it reaches the investigators and the investigated.

The Nation: What are the reasons that are motivating the UNFD and the women of Djibouti in general to advocate for the ratification of the Protocol on the rights of women by Djibouti?

First lady: In the first place it is judicious to recall the mission of the UNFD. The birth of our organization was almost concomitant with the acquisition of the national sovereignty of the Republic of Djibouti. After independence the fight by the women of Djibouti for the self determination of the people of Djibouti turned into a new form of fight: that of claiming the rights of the women of Djibouti. It is not on the agenda to review the actions of the UNFD but I must emphasize that our organization has as one of her achievements her contribution to the improvement of the status of the women of Djibouti woman. To cite but a few of the well known achievements, allow me to mention the penalization of FGM through the introduction of the article 333 in the new Penal Code of 1995, the creation of a new bureau charged with the promotion of women, a process that has been completed today by the creation of a ministerial department led by a woman. UNFD could therefore not miss out on this important event in African history.

Secondly, the status of women has undergone some notable changes in Djibouti thanks to the unwavering support of the government of the Republic of Djibouti as is evidenced in the actions of the minister for the Promotion of Women. The adoption of a national strategy for the integration of women, the appointment of 7 women to Parliament through affirmative action, the appointment of women to head public institutions of administration, the promulgation of a new Family Code, the reform of the justice system are just some of the concrete examples of the manifestation of a new political vision with regard to women. No obstacle can therefore stand in our way as we aspire for the protection of our rights within the framework of the African Union.

Finally, our current advocacy initiative in the campaign for the ratification of a regional convention clearly denotes the new phase that has been established by the women of Djibouti in their claims. By the commitment made in regard to the Protocol to the African Charter on the Rights of Women, we are deliberately moving away from the national framework and are raising our expectations to a higher level that unites the women of Africa.

The Nation: What does the Protocol provide for the women of Djibouti?

First lady: It would be an error to confine a discussion of the benefits of the Protocol to the women only. The provisions of the Protocol are in the first instance aimed at the protection of the rights of women. Yet they have the advantage of having a strong impact on governance policies, development policies on the society and on the family. The Protocol holds the key to a change of mentality towards better consideration of the woman as a partner to the man. We emphasize in passing that in changing mentalities we do not intend to ape other cultures.
The women of Djibouti can aspire to increased liberty in action and expression without recourse to any change of culture, but having regard to the respect for her religion, her culture and her education. Be that as it may, I insist that the Republic of Djibouti has ratified the main conventions that form the International Charter on Human Rights. The Universal Declaration on Human Rights and the African Charter on Human and People’s Rights are incorporated in the Preamble of our Constitution of 15th September 1992 and form an integral part of that Constitution. Consequently we have at our disposal a legislative arsenal protecting human rights and guaranteeing human dignity. Our legislation is therefore ready with the necessary judicial base to conform to the Protocol.

Nation: Madam First Lady, tell us about the conformity of our legislation with the Protocol

First lady: One of the merits of the Protocol is that it reinforces already existing foundations for the protection of women’s rights such as is the case in Djibouti. Our legislation, passed with reference to the citizen will, as indicated here below, recognize that when we talk of human beings we talk about men and women. The search for equality through the rule of law, the introduction of measures of affirmative action are from now on the means by which to consolidate the status of the law in Djibouti. The challenges of underdevelopment cannot be overcome unless by the joint efforts of all, men and women alike.

The Protocol fits within the principles of CEDAW. I commend the action of the African Union, as a regional convention protecting the rights of women will receive more response. The Protocol is a document ahead of its time for the promotion of the rights of women in Africa. It will constitute a solid reference for the definition of the policies for the promotion of women. It is a guide for all the African states that desire to make the woman an equal partner to the man. The ratification of the Protocol will without doubt have positive spin offs on the status of woman all over the continent. In fact, Comoros, an Islamic country like Djibouti is the only state that has to date ratified the Protocol. The UNFD encourages Djibouti to do the same. Our country signed the Protocol on the 18th December 2003.

The Nation: What are the strong points of the Protocol?

First lady: The Protocol takes ownership of the contemporary aspirations of the African people. It is conceived on the plinth of the three pillars of democracy: democracy, peace and human rights. It recognizes the woman as being equal to man in the sense that Africa cannot surmount the challenges of under development unless by the contribution of all, men and women.

Besides the rights that are traditionally recognized in international conventions, certain rights have been given a legal meaning in the Protocol: the right to peace, environmental rights and the right to development, the right to political participation etc.