Research on AU Women’s Protocol

1. Research on AU Women’s Protocol Ayanda Mvimbi Oxfam GB RSA Country Office

2. Oxfam GB –Who are we? • A British organisation set up in 1942 • Non-Political and Independent • Mission to work with others for lasting solutions to poverty and suffering worldwide • One of 12 Oxfam’s within Oxfam International

3. Oxfam GB-our aims Work for a world where every person is • Equal • Healthy • Heard • Safe • Secure • Skilled

4. Oxfam GB-Where do we get our money Mainly from GB • Regular Donations mainly from British public • Institutions • Fundraising Evens • Emergency Appeals • Shops

5. Oxfam GB –South Africa • 1956 with grant of 250 for child feeding • 1960 grant for victims of the Sharpeville Massacre • Ongoing grants to families of detainees • 1961 opened first overseas office in Maseru Lesotho to work in Botswana, Lesotho, Swaziland and South Africa • 1970’s growing collaboration with secular and black community groups on social development

6. Oxfam GB-South Africa • 1980/90’s moved the admin to oxford &worked with intermediary organisation with increased focus on advocacy • 1985-27 legal advice offices + grants to organisations such as SAWDWA • Withdrew from Barclays Bank • Taken to task by the charity Commission in UK for our stance on sanctions • Changed the UK guidelines for the right to advocate • 1993 moved back to Johannesburg • Have worked with more than 70 projects ever since in different parts of the country

7. AU Protocol on the Rights of Women in Africa: South Africa • Research process • SA position and process • Levels of awareness of Protocol in SA • Governance • Violence against women • Sexual and reproductive health and rights • Recommendations for future action

8. Research process • Secondary literature review (Country reports, organizational annual reports, legislation, policies and programmes, research reports, Committee Minutes) • Interviews: 14 interviews – NGOs, academics and government representatives (VAW, governance, SRRH and Chairs of Portfolio Committees in related sectors) • Limitations

9. SA Position and Process (1) • Protocol adopted under Section 231(2) of the Constitution • National consultation (Gov, CSO, academics) • Ministerial Meeting, Addis Ababa (March 2003) • Cabinet Meeting (June, 2003) • AU Assembly, Maputo (July 2003) • SA national governmental process – deposit instrument 14 January 2005

10. SA Position and Process: Reservations (2) • Article 4: The rights to life, integrity and security of the person Article 4.2 (j): State parties shall take appropriate and effective measures to ensure that, in those countries where the death penalty exists, not to carry out out death sentences on pregnant or nursing women.

11. SA Position and Process: Reservations (3) • Article 6: Marriage State parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that 6 (d) every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognized.

12. SA Position and Process: Reservations (4) • Article 6: Marriage Article 6 (h): A woman and a man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests.

13. SA Position and Process: Interpretative Declarations (5) • Article 1: Definitions Article 1 (f) “Discrimination against women” means any distinction, exclusion or restriction or any differential treatment based on sex whose objectives or effects compromise or destroy the recognition, enjoyment or exercise by women, regardless of their marital status, of human rights and fundamental freedoms in all spheres of life.

14. SA Position and Process: Interpretative Declarations (6) • Article 31: Status of the Protocol None of the provisions of the present Protocol shall affect more favorable provisions for the realization of the rights of women contained in the national legislation of State Parties or in any other regional, continental or international conventions, treaties or agreements applicable in these State Parties.

15. SA Position and Process: Critique from Civil Society (7) • Monitoring, reporting and sanctions for non-compliance • Matters of interpretation and accountability • Domestication

16. SA Position and Process: Value of the Women’s Protocol (8) • Strengthens the legal framework promoting gender equality • Contributes to harmonizing culture and tradition with international human rights laws • Highlights specific challenges facing African women • Contemplates issues not dealt with in sufficient depth in SA legislative framework • Potential to inform incomplete gender transformation processes: laws, policies, provide impetus for weak NGM & civil society

17. Levels of awareness – “which Protocol?” • The Measure • How did policy makers fare? • How did civil society fare? • Practically zero coverage in mass media • Generally, low levels of knowledge of existence, never mind content and its application to their sector.

18. What does the Protocol say about Governance? (1) Article 9: Right to Participation in the Political and Decision-Making Process • 1.State Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: • a) Women participate without any discrimination in all elections;

19. What does the Protocol say about governance? (2) • b)Women are represented equally at all levels with men in all electoral processes; • c) Women are equal partners with men at all levels of development and implementation of State policies and development programs. • 2.State Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

20. How are SA women doing in terms of political participation? • SA’s legal and policy framework demonstrates a fair degree of compliance with provisions. • Affirmative action measures enshrined in the Constitution • Employment Equity Act (1998) • Electoral Act (1998) • There is no law which makes quotas for women’s political participation mandatory. ANC 30% quota, 50% at local government level.

21. How are SA women doing in terms of political participation? • Where are women situated in terms of political representation and administrative leadership? • SA has one of the highest percentages of women’s representation in political and decision making structures in the world. • Barriers still remain for effective participation in leadership structures

22. Implications of Protocol for political participation? • Still degree of resistance to women’s participation • Is it just a question of numbers? • Challenges of ensuring meaningful change for women on the ground – responsive governance for women

23. What does the Protocol say about VAW? • Article 4: The Right to Life, Integrity and Security of the Person • Women are entitled to respect for her life, integrity and security of person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited. • Effective and appropriate measures: laws, legislative and administrative measures to prohibit all forms of violence, private and public.

24. What does the Protocol say about VAW? • Adopt legislative, administrative, social and economic measures to prevent, punish and eradicate all forms of VAW • Actively promote peace education … to eradicate elements in traditional and cultural beliefs, practices and stereotypes.. • Establish mechanisms and services • Prevent and condemn trafficking of women • Provide adequate budgetary and other resources

25. What does the Protocol say about VAW? • Ensure that women and men enjoy equal rights in terms of refugee status • Elimination of Harmful Traditional Practices • … which negatively affect the human rights of women and which are contrary to recognized international standards. • … prohibit through legislative measures backed by sanctions, all forms of FGM, scarification, medicalization and para-medicalization of FGM and all other practices in order to eliminate them.

26. What is the situation of VAW in SA? • The SA government has recognized VAW as a priority issue • Domestic Violence Act (1998) • Anti Rape Strategy; Justice, Crime Prevention and Security Cluster coordinating govt’s strategy for eradicating VAW • Policy commitments from Dep of Justice, Safety and Security, Health, Social Dev • Family Courts (DoJ), Victim Empowerment Programme (DoSD) • 16 Days of Activism Against VAW

27. What is the situation of VAW in SA? • Delay in promulgation of Sexual Offences Bill • Delay in trafficking laws and policies • Sexual harassment in workplace and schools • Harmful traditional practices • Uneven and slow implementation of policies and programmes, inadequate budgets, staff shortages, lack of police vehicles, lack of training, negative and discriminatory attitudes of functionaries • SA still has one of the highest incidences of VAW in the world

28. What are the implications of Protocol for VAW in SA? • No significant advances to SA legislative and policy framework • Provides a ‘gentle reminder’ to improve SA’s track record on slow and uneven implementation of legislation, policies and programmes • An advance is that the Protocol called on governments to address culture and tradition which promoted VAW

29. What does the Protocol say about SRHR? Article 14: Health and Reproductive Rights 1. State parties shall ensure that the right to health of women, including sexual and reproductive health is respected and promoted. This includes: a) The right to control their fertility b) The right to decide whether to have children, the number of children and the spacing of children c) The right to choose any method of contraception

30. What does the Protocol say about SRHR? d) The right to self protection and to be protected from STIs, including HIV/AIDS, in accordance with internationally recognized standards and practices; e) The right to have family planning education.

31. What does the Protocol say about SRHR? 2. State parties shall take all appropriate measures to: • a)Provide adequate, affordable and accessible health services, including information, education and communication programmes to women especially those in rural areas; • b)Establish and strengthen existing pre-natal, delivery and post-natal health and nutritional services for women during pregnancy and while they are breastfeeding;

32. What does the Protocol say about SRHR? c) Protect the reproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the fetus.

33. What is the situation of SRHR for SA women? • SA government has promoted women’s autonomy and conditions to enjoy their SRHR in legislation & policy: • National Policy Health Act (1990) • Choice on Termination of Pregnancy (1996) • NDoH:range of policies to monitor & reduce cases of maternal mortality • NDoH: National Contraceptive Policy Guidelines • Adolescent and Youth Health policy guidelines • HIV/AIDS Strategic Plan

34. What is the situation of SRHR for SA women? • Women continue to die from preventable deaths as a result of pregnancy and child birth • Access to abortion services • Current contraceptive prevalence is high (61.2%), injectable most widely used. • High teenage pregnancy rate; high levels of maternal mortality amongst adolescents • Women continue to be the most vulnerable to HIV infection and bear the burden of care HIV/AIDS

35. What are the implications of the Protocol for SRHR in SA? • No significant advances for SA’s legislative and policy framework • Culture, tradition and religion present major obstacles to women’s ability to enjoy their SRHR • Need to review strategies adopted to date to promote women’s SRHR • Concerted effort to promote government’s responsiveness to HIV/AIDS pandemic, maternal mortality, access to abortion, adolescent health and sexuality

36. Threats and Challenges • Gaps and ambiguities on the Protool itself • Geneal lack of awareness about International Hunam Rights Regime • Weakening of women’s Movement • Political will on the part of govts • Strenght of patriachy , tradition, culture and religion • Weakness of key institutions

37. Threats and Challenges Cont… • Resources Resouces • Weak Partnership and Alliances • Threats in the National and International Policy framework

38. Recommendations for future action • Key stakeholders should be behind promotion of ratification, popularization, future implementation & monitoring • Playing a critical role in promoting meaningful enjoyment of rights • Strengthening Coordination and collaboration amongst key stakeholders • Linking Protocol with other International Treaties such as CEDAW • Research

39. Best Practices • Popularising International Instruments-SOAWR • Creation of an enabling policy and Institutional framework • Test cases using International Instruments • Development of Monitoring Tools • Addressing Violence Against Women • Governenance • Budgetting • Building partnerships and Alliances • Involvement of men

40. Recommendations for Future Actions • Concrete activities to promote the ratification and popularization of the Protocol at a regional and national level: • Popularization and unpacking implications for promoting gender equality as a whole, and within specific sectors • Specific actions based on and for the Protocol • Integration of the Protocol into existing campaigns

41. Promotion of ratification • NGOS: intensify current ratification campaigns (Femnet) • CGE: encourage the SA gov (DoFA) to promote ratification with other African member states • Dep of Foreign Affairs: form alliances with existing signatories to develop promotion strategy in order to create a bigger, more representative and legitimate force. • JMCIQLS-Monitor govt implementation of existing policies

42. Popularization/unpacking implications of provisions • OSW (national and provincial) • Develop concept paper • Hold work meetings with GFPs in clusters to explore implications • Together with GFPs to attend gov cluster meetings & DG forums to promote Protocol and implications • Together with DoC, CGE and NGOs: develop marketing strategy to promote Protocol within state structures and to broader public

43. Popularization/unpacking implications of provisions • CGE • Jointly with JMCIQLSW & NGOs: meetings with chief whips and parliamentary subcommittees to discuss implications of Protocol for their sectors (policies) • Jointly with NGOs: roundtables, dialogues with political parties, Mayors, local councillors to inform, buy in. • Lobby other Chapter Nine bodies on relevance of Protocol for their work, Electoral Commission, HRC

44. Popularization/unpacking implications of provisions • NGOs • Develop ‘commentated’ publication & position papers on different provisions of Protocol • Develop fact sheets, pamphlets, posters, photo comics to popularize Protocol and its usefulness for NGOs, gov dep, private sector • Develop training materials/guides on Protocol and its relevance. Guidelines on how to use Protocol as an advocacy tool. • Conduct media campaigns (TV/radio talk shows, soap operas)

45. Popularization/unpacking implications of provisions • NGOs and DoE: promote that formal educational institutions include the Protocol in its curricula & research projects (secondary & tertiary) • OSW: promote inclusion of Protocol in curricula of SA Management Development Institute

46. Integration of Protocol into existing campaigns/activities • OSW, CGE,JMCQLS and NGOs: integrate provisions of Protocol into monitoring and evaluation frameworks • Sector specific NGOs: integrate Protocol into existing campaigns (reference/standard) to refine laws & policies and promote implementation eg 50/50 campaign, 16 days of activism, access to health services, promotion of women’s interests/needs in development plans

47. Specific actions based on Protocol • Legal NGOs • Develop common legal strategies and arguments to address common barriers to gender equality eg marital rape, denial of women’s access to land, the primacy of customary law over constitutional law • Develop database of successful judgments • Conduct strategic litigation training at regional level on how to advance women’s human rights by using regional, international human rights standards.

48. Conclusion: Making it real • Opportunity to revitalise discussion and debates aroung women’s oppression • Can Provide benchmark and indicators for defination of national priorities • Making gender equality everybody’s business • Strengthen regional cooperation