As a part of the coalition supporting the ratification of the Protocol on the Rights of Women in Africa, Pambazuka News will profile various aspects of the protocol over the next six weeks. This week we will take a look at issues surrounding female refugees as they relate to the African continent. This is what the protocol states:

Article 4 – The Right to Life, Integrity and Security of the Person

2. State parties shall take appropriate and effective measures to:
k) ensure that women and men enjoy equal rights in terms of access to refugee status determination procedures and that women refugees are accorded the full protection and benefits guaranteed under international refugee law, including their own identity and other documents;

The original global document on refugee rights, the 1951 UN Convention Relating to the Status of Refugees, defines refugees as: "A person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution." The Convention makes no mention of the specific situations and needs of women and girls. In 1991, the United Nations High Commission for Refugees conceded, through their “Guidelines for the Protection of Women,” that women are in fact hardest hit by violence and the uncertainty of displacement. Going further, the 2000 United Nations Security Council Resolution 1325 on Women, Peace and Security makes additional demands on global leaders in terms of women living in conflict areas, and recommends that armies and peacekeeping forces should receive training in the rights of girls and women to protect them. It also attempts to have those responsible for camp design, protection, repatriation and resettlement take into account the needs of girls and women. The Protocol on the Rights of Women in Africa will provide one further, more regionally appropriate mechanism for the protection of women and girls who are refugees in Africa.

Women and girls who become refugees must often provide for their families alone, and experience specific needs in terms of shelter, supplies, healthcare and protection from sexual violence and exploitation. This too is the case in Africa, where over half of its five million refugees are women. This is probably a conservative estimate, as those within their countries borders, internally displaced peoples, are often not counted. Civil war and ethnic strife, generally credited to the European division of Africa into colonies, has been cited as one of the most prominent reasons for interstate conflict, which has led to such high numbers of refugees on the continent.

One of the most pressing issues for female refugees is safety in camps. Sudanese women who have been forced out of their homes and communities because of ethnic cleansing have faced ongoing rape and sexual violence in the refugee camps of Darfur, where they have gone to seek protection. Whether these women are in their tents, or are out collecting water or fuel, both civilians and militia members have been accused of rape and other sexual violence. In some instances, authorities have coerced women and girls to provide “sexual services” in exchange for “protection.” The long-term consequences of this sexual violence – HIV/AIDS, as well as other medical, economic, psychological and social effects of this brutality, are unimaginable.

The Protocol on the Rights of Women in Africa recognizes that with such high numbers of Africa’s population defined as refugees, the rights of women must be accounted for. The domestication of this Protocol will no doubt be a challenge to governments, but without these provisions, the suffering and violence faced by so many African women will go unheeded.

For last week’s profile on the aspect of the Protocol regarding trafficking, please see:
http://www.pambazuka.org/index.php?id=29740

Researched and written by Karoline Kemp, Commonwealth of Learning Young Professional Intern