ORGANISATION OF AFRICAN UNITYORGANISATION DE L’ UNITE AFRICAINE
DRAFT PROTOCOL TO THE AFRICAN CHARTER ON
HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS
OF WOMEN IN AFRICA
(as adopted by the Meeting of Government Experts
in Addis Ababa on 16 November 2001)
6 JANUARY 2003 MARKUP
FROM THE MEETING CONVENED ON 4-5 JANUARY 2003 IN ADDIS ABABA,
BY THE AFRICA REGIONAL OFFICE AND THE LAW PROJECT OF EQUALITY NOW,
WITH THE FOLLOWING GROUPS REPRESENTED:
AFRICAN CENTRE FOR DEMOCRACY AND HUMAN RIGHTS STUDIES
AKINA MAMA WA AFRIKA
EQUALITY NOW
ETHIOPIAN WOMEN LAWYERS ASSOCIATION
FEMMES AFRICA SOLIDARITE
FEMNET – AFRICAN WOMEN’S DEVELOPMENT AND COMMUNICATION NETWORK
MALIAN WOMEN LAWYERS ASSOCIATION
SENEGALESE WOMEN LAWYERS ASSOCIATION
WILDAF – WOMEN IN LAW AND DEVELOPMENT IN AFRICA
WRAPA – WOMEN’S RIGHTS ADVANCEMENT AND PROTECTION ALTERNATIVE
This Markup includes Notes in the text to indicate where provisions of the current draft Protocol fall below existing international standards, and Footnotes to provide additional information on relevant international standards.

22 November, 2001
DRAFT PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA

The StateS Parties to this Protocol,

CONSIDERING that Article 66 of the African Charter on Human and Peoples' Rights provides for special protocols or agreements, if necessary, to supplement the provisions of the African Charter, and that the OAU Assembly of Heads of State and Government meeting in its Thirty-first Ordinary Session in Addis Ababa, Ethiopia, in June 1995, endorsed by resolution AHG/Res.240 (XXXI) the recommendation of the African Commission on Human and Peoples' Rights to elaborate a Protocol on the Rights of Women in Africa;

CONSIDERING that Article 2 of the African Charter on Human and Peoples' Rights enshrines the principle of non-discrimination on the grounds of race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status;

FURTHER CONSIDERING that Article 18 of the African Charter on Human and Peoples' Rights calls on all Member States to eliminate every discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions;

RECOGNIZING THE BENEFIT OF ELABORATING AND SUPPLEMENTING ALL RIGHTS IN THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AS THEY PERTAIN TO WOMEN, PURSUANT TO ARTICLE 66 OF THE AFRICAN CHARTER, IN ORDER TO SECURE THESE RIGHTS IN REALITY;

NOTING that Articles 60 and 61 of the African Charter on Human and Peoples' Rights recognize regional and international human rights instruments and African practices consistent with international norms on human and peoples' rights as being important reference points for the application and interpretation of the African Charter;

RECALLING that women's rights have been recognized and guaranteed in all international human rights instruments, notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on the Rights and Welfare of the Child, and all other international and regional conventions and covenants relating to the rights of women as being inalienable, interdependent and indivisible human rights;

NOTING that women's rights and women's essential role in development have been reaffirmed in the United Nations Plans of Action on the Environment and Development in 1992, on Human Rights in 1993, on Population and Development in 1994 and on Social Development in 1995;

FURTHER NOTING that the Dakar Plan of AFRICAN PLATFORM FOR Action AND THE DAKAR DECLARATION of 1994 and the Beijing Programme of PLATFORM FOR Action and Declaration of 1995 call on all Member States of the United Nations, which have made a solemn commitment to implement them, to take concrete steps to give greater attention to the human rights of women in order to eliminate all forms of discrimination, and of INCLUDING gender-based violence against women, WHICH HAS BEEN INTERNATIONALLY RECOGNIZED AS A FORM OF SEX DISCRIMINATION;

BEARING IN MIND related Resolutions, Declarations, Recommendations, Decisions, Conventions and other Regional and Sub-Regional Instruments, ACTIONS AND STEPS TAKEN, aimed at eliminating all forms of discrimination and at promoting equality between men and women;

REPUDIATING THE INEQUALITY OF THE SEXES WHEREVER IT EXISTS, REJECTING ALL NOTIONS AND INSTITUTIONS OF SUPERIORITY AND INFERIORITY ON THE BASIS OF SEX, AND AFFIRMING THE EQUAL HUMANITY OF MEN AND WOMEN;

NOTE: Major international charters of rights virtually universally include preambular statements of substantive values the document exists to further. Failure to include any such statement would be a significant departure from the standard practice of other international instruments.

CONCERNED that despite the ratification of the African Charter on Human and Peoples' Rights and other international human rights instruments by the majority of Member States, and their solemn commitment to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to be victims of discrimination, INCLUDING VIOLENCE2 and OTHER harmful practices;

FIRMLY CONVINCED that any practice that hinders or endangers the normal growth and affects the physical and psychological development of women and girls should be condemned and eliminated;

RECALLING THAT DISCRIMINATION AGAINST WOMEN IS AN OBSTACLE TO THE PARTICIPATION OF WOMEN IN THE POLITICAL, SOCIAL, ECONOMIC AND CULTURAL LIFE OF THEIR COUNTRIES AND CONSTITUTES AN OBSTACLE TO DEVELOPMENT IN THE CONTINENT;

NOTE: CEDAW’s Preamble recalls that "discrimination against women…is an obstacle to the participation of women…in the political, social, economic and cultural life of their countries" and is "convinced that the full and complete development of a country…requires participation of women on equal terms with men in all fields."

DETERMINED to ensure that the rights of women are protected in order to enable them to enjoy fully all their human rights;

COMMITTED TO THE FULL PARTICIPATION OF AFRICAN WOMEN AS EQUAL PARTNERS IN AFRICA’S DEVELOPMENT;

HAVE AGREED AS FOLLOWS:

 

Article 1

Definitions

For the purpose of the present Protocol

a) "African Charter" shall mean the African Charter on Human and Peoples' Rights;

b) "African Commission" shall mean the African Commission on Human and Peoples' Rights;

c) "Assembly" shall mean the Assembly of Heads of State and Government of the OAU AU;

d) "Discrimination against women" shall mean any distinction, exclusion or restriction based on sex, or any differential treatment whose objective or effects compromise or destroy the recognition, enjoyment or the exercise by women, regardless of their marital status, of human rights and fundamental freedoms in all spheres of life;

e) "Harmful Practices" shall mean all behavior, attitudes and/or practices which negatively affect the fundamental rights of women, such as their right to life, health, dignity, education and physical integrity;
    1. "OAU" shall mean the Organization of African Unity UNION;

      2. g) "StateS Parties" shall mean the StateS Parties to this Protocol;

      h) "Violence against women" shall mean all acts perpetrated against women which cause or could cause them physical, sexual, psychological, SOCIAL, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts or of war;

      i) "Women" shall mean persons of female gender, including INCLUDE girls, AND "MEN" SHALL INCLUDE BOYS.

       

      Article 2

      Elimination of Discrimination AND VIOLENCE Against Women

      1. StateS Parties shall combat CONDEMN AND ELIMINATE all forms of SEX discrimination, INCLUDING VIOLENCE2 against women, through appropriate legislative, institutional, ADMINISTRATIVE and other measures. In this regard they shall:

      NOTE: CEDAW obligates States to "condemn" (e.g. Art. 2) and, throughout, "eliminate" when referring to states parties obligations to act against sex discrimination. The African Charter at Art. 18 similarly requires at (3) that States "shall ensure the elimination of every discrimination against women." To merely "combat" sex discrimination is below the international standard set forth both in CEDAW and in The African Charter.

      a) include in their national Constitutions and other legislative instruments AND POLICIES, if not already done, the principle of equality between men and women and ensure its effective application;

      b) enact and effectively implement appropriate legislative, POLICY or regulatory measures, including those prohibiting and curbing all forms of discrimination including SEX-BASED VIOLENCE2, INCLUDING UNWANTED OR FORCED SEX IN OR OUTSIDE MARRIAGE, AND OTHER those harmful practices THAT which endanger the health and general well-being of women and girls;

      c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and all other spheres of life;

      d) take corrective and positive action in those areas where discrimination INCLUDING VIOLENCE2 against women in law and in fact continues to exist;

      e) TAKE ALL MEASURES NECESSARY TO ELIMINATE DISCRIMINATION AGAINST WOMEN, REGARDLESS OF MARITAL STATUS, IN ACCESS TO, ACQUISITION AND CONTROL OF, AND FINANCING FOR LAND AND PROPERTY;

       

      e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

      2. StateS Parties shall commit themselves to modify the social and cultural patterns of conduct of men and women through public education, through information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for men and women.

       

      Article 3

      Respect for Dignity

      Women contribute to the preservation of those African values that are based on the principles of equality, peace, freedom, dignity, justice, solidarity and democracy. EVERY WOMAN SHALL HAVE THE RIGHT TO THE RESPECT OF THE DIGNITY INHERENT IN A HUMAN BEING AND TO THE RECOGNITION OF HER LEGAL STATUS. In this regard, the States Parties shall;

      a) ensure that women and girls enjoy rights and dignity inherent in all human beings;

      b) adopt and implement appropriate measures to prohibit any exploitation and degradation of women and girls.

      NOTE: These amendments are proposed to bring the language of the Protocol into more precise conformity with the language of Art 5 of the African Charter.

       

      Article 4

      The Rights to Life, Integrity and Security of Person

      1. Every woman and girl shall be entitled to respect for their HER life and the integrity and security of their HER person. All forms of exploitation, cruel, inhuman or degrading punishment and/OR treatment shall be prohibited.

      2. StateS Parties shall take appropriate and effective measures to:

      a) enact and enforce laws to prohibit DISCRIMINATION AND all forms of violence against women and girls whether the DISCRIMINATION AND violence takes place in the private or IN public sphere;

      b) adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women and girls;

      c) identify the causes and consequences of DISCRIMINATION AND violence against women and take appropriate measures to prevent and eliminate such DISCRIMINATION AND violence;

      d) actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimize and exacerbate the persistence and tolerance of DISCRIMINATION AND violence against women and girls;

      e) punish the perpetrators of DISCRIMINATION AND violence against women and implement programmes for the SECURITY AND rehabilitation of women victims SURVIVORS;

      f) establish mechanisms and accessible services for effective information, rehabilitation and reparation for victims of DISCRIMINATION AND violence against women and girls;

    2. prevent and prosecute perpetrators, AND THEIR ACCOMPLICES, of trafficking in AND PROSTITUTION OF women and girls and protect those women and girls most at risk of such trafficking, PROSTITUTION AND OTHER FORMS OF COMMERCIAL SEXUAL EXPLOITATION;

NOTE: CEDAW, Art. 6, directs states parties to "suppress all forms of traffic in women and exploitation of prostitution of women." Beijing Platform for Action’s Strategic Objective D.3 (paragraph 130) directs governments to "eliminate trafficking in women and assist victims of violence due to prostitution and trafficking," and opposes trafficking for "prostitution and other forms of commercialized sex." The 1949 Convention for Suppression of Traffic in Persons, Arts 2,3 oppose activities by accomplices as well as direct traffickers in women.

h) protect women from gender-based violence during situation of IN armed conflict and war and ensure that such violence is treated and prosecuted as war crimes, and/or crimes against humanity, AND/OR GENOCIDE WHEN WARRANTED BY THE CIRCUMSTANCES;
    1. respect and ensure respect for the provisions of the international humanitarian law applicable to situations of armed conflicts that affect the civilian population in general and women in particular;

j) protect asylum seeking, refugee, returnee, internally displaced women and girls against all forms of violence, abuse, rape and other forms of sexual exploitation, and ensure that women asylum seekers enjoy equal access with men to refugee status, determination procedures and women refugees shall be accorded the full protection and benefits guaranteed under international law, including their own identity and other documents;

k) prohibit all medical or scientific experiments on women and girls without their informed consent;
    1. make adequate budgetary allocations for the implementation and monitoring of actions aimed at preventing and eradicating violence against women;
    1. in those countries where the death penalty still exists, not to carry out death sentences on pregnant and nursing women, and girls.

 

Article 5

Elimination of Harmful Practices

StateS Parties shall condemn AND PROHIBIT all forms of harmful practices which affect the fundamental human rights of women and girls and which AS A FORM OF DISCRIMINATION are contrary to recognized international standards., and, therefore, commit themselves, inter alia, to STATES PARTIES SHALL TAKE ALL MEASURES NECESSARY TO ELIMINATE SUCH PRACTICES, INCLUDING, BUT NOT LIMITED TO:

NOTE: The African Charter on the Rights and Welfare of the Child provides at Art. 21(1) that States Parties "shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child."  Similarly, the Convention on the Rights of the Child at Article 24(3) requires States Parties to "take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children." The Beijing Platform for Action includes in actions to be taken by governments that they "prohibit female genital mutilation wherever it exists" at paragraph 232(h). The current draft text of the Protocol falls below these international standards for governmental action in this area.

    1. creatING public awareness in all sectors of society regarding harmful practices through information, formal and informal education, communication and outreach programmes;
    2. prohibitING, THROUGH LEGISLATION WITH SANCTIONS, the medicalization and para-medicalization ALL FORMS of female genital mutilation scarification and all other practices and all other forms of violence against women in order to effect a total elimination of such practices, INCLUDING MEDICALIZATION AND PARAMEDICALIZATION. STATES PARTIES SHALL TAKE EFFECTIVE MEASURES TO ENFORCE SUCH PROHIBITION;
    3. providING the necessary support to victims of harmful practices through basic services such as professional health AND LEGAL services, emotional and psychological counseling, and skills training aimed at making them self-supporting;
    4. protectING those women and girls who are at risk of being subjected to harmful practices and all other forms of violence, abuse and intolerance.

 

Article 6

Marriage

StateS Parties shall ensure that men and women enjoy equal rights and are regarded as equal partners in marriage. They STATES PARTIES shall enact appropriate national legislative AND OTHER measures to guarantee that:

a) no marriage shall take place without the free will FULL AND FREE CONSENT of both parties;

NOTE: The proposed language is based on the ICCPR Art. 23(3), which provides that "No marriage shall be entered into without the free and full consent of the intending spouses," and CEDAW Article 16(b), which provides that States Parties shall ensure on a basis of equality of men and women "the same right freely to choose a spouse and to enter into marriage only with their free and full consent." The language in the current draft Protocol falls below this international standard.

b) The minimum age of marriage for women shall be 18 years;

c) STATES PARTIES SHALL RECOGNIZE AND ENCOURAGE MONOGAMY AS THE PREFERRED FORM OF MARRIAGE. STATES PARTIES SHALL PROTECT AND PROMOTE THE EQUAL RIGHTS OF WOMEN WITHIN MARRIAGE AND FAMILY.

N.B: Three options were put under brackets for further consideration of this sub-article.

Option 1 - [polygamy shall be prohibited].

Option 2 - [they adopt the appropriate measures in order to recognize monogamy as the sole legal form of marriage. However, in existing polygamous situations, State Parties shall commit themselves to guarantee and protect the rights and welfare of women].

Option 3 - [polygamy must be the subject of mutual consent between the parties. The State parties shall commit themselves to guarantee and protect the rights and welfare of the women. However, the State parties shall ensure to encourage monogamy as the preferred form of marriage].

 

d) every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognized; STATES PARTIES SHALL TAKE ALL NECESSARY MEASURES TO ESTABLISH, MAINTAIN AND PUBLICISE THE EXISTENCE OF MARRIAGE REGISTRIES THAT ARE ACCESSIBLE TO THE POPULATION WITHIN THEIR TERRITORIES AND ENCOURAGE AND EDUCATE THE POPULATION ON THE BENEFIT. NON-REGISTRATION SHALL NOT LEAD TO NON-RECOGNITION OF A MARRIAGE;

e) the husband and wife shall, by mutual agreement, choose their marital regime and place of residence;

f) a married woman shall have the right to keep her maiden name, to use it as she pleases, jointly or separately with husband's surname;

g) a woman shall have the right to keep her nationality, obtain another one or take up the nationality of her husband or AND THE ABILITY WITHOUT LEGAL RESTRICTION TO transfer her nationality to HER HUSBAND AND her children by mutual agreement;

NOTE: The proposed language conforms to the provisions of CEDAW Art.9. As stated in the current draft of the Protocol, paragraph (g) falls below the standard of CEDAW.

h) a man and a woman shall jointly contribute to safeguarding the interests of the family, AND TO protecting and educating their children;
  1. during her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely;

J) STATES SHALL NOT ENCOURAGE COHABITION BUT IN SITUATIONS WHERE IT EXISTS STATES PARTIES SHALL COMMIT THEMSELVES TO GUARANTEE AND PROTECT THE RIGHTS OF WOMEN AND CHILDREN IN THOSE RELATIONSHIPS IN REGARDS TO PROPERTY, CUSTODY AND MAINTENANCE OF CHILDREN ARISING OUT OF THE RELATIONSHIP.

 

Article 7

Separation, divorce and annulment of Marriage

StateS Parties shall enact TAKE appropriate national legislative, ADMINISTRATIVE AND OTHER measures to ensure that men and women enjoy the same ARE ACCORDED EQUAL rights in case of separation, divorce and annulment of marriage. In this regard, they shall ensure that:

a) separation, divorce and annulment of a marriage shall be effected by judicial order;

b) women and men shall have the same EQUAL rights to seek separation, divorce or annulment of a marriage;

c) in case of divorce, annulment of marriage or separation, men and women shall have the same reciprocal EQUAL rights and responsibilities towards their children, SUBJECT TO In any case the interests of the children shall be BEING given paramount importance CONSIDERATION;

d) in case of divorce or annulment of marriage, men and women shall have the same EQUAL rights to an equitable sharing of the joint property deriving from the marriage.

Article 8

Right to Information and Legal Aid

ACCESS TO JUSTICE AND EQUAL PROTECTION OF THE LAW

Women shall have the right to EQUALITY UNDER THE LAW, TO have their cause heard JUDICIALLY and TO EQUAL PROTECTION OF THE LAW. StateS Parties shall have the duty to promote and ensure that the rights of women are protected in this respect. They shall TAKE ALL APPROPRIATE MEASURES TO ENSURE:

a) take all administrative and appropriate measures to ensure equal access of women to EFFECTIVE ACCESS BY WOMEN TO JUDICIAL AND LEGAL SERVICES, INCLUDING LEGAL INFORMATION AND legal aid services;

b) support TO local, national, regional and continental initiatives directed at giving women access to legal aid services;
    1. THE ESTABLISHMENT OF set up adequate structures including appropriate

      2. educational structures for all social strata, with particular attention to women, and TO sensitize and inform them of the rights of women and girls;

    2. ensure that law enforcement organs PERSONNEL at all levels are aware of AND ENFORCE gender equality RIGHTS and women’s humans AS HUMAN rights and ARE EQUIPPED THROUGH APPROPRIATE TRAINING WITH THE SKILLS TO RESPECT THE ENTITLEMENT OF WOMEN TO EQUAL PROTECTION OF THE LAW AND enforce the law in a gender responsive manner;
    1. THAT WOMEN ARE REPRESENTED EQUALLY WITH MEN IN JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS;
    2. REFORM OF EXISTING DISCRIMINATORY CUSTOMARY LAWS TO ENSURE RESPECT FOR FUNDAMENTAL WOMEN’S RIGHTS, PARTICULARLY THE RIGHT TO EQUALITY.

NOTE: CEDAW Art. 2(f) provides that governments undertake "to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women." CEDAW Art. 2(g) provides that they "repeal all national penal provisions which constitute discrimination against women."

 

Article 9

Right to participation in the Political

Process and Decision making

1. StateS Parties shall take specific positive action to promote the equal participation of women in the political life of their countries, ensuring THROUGH AFFIRMATIVE ACTION that:

a) women do participate without any discrimination in all elections;

b) women are represented equally at all levels with men in all electoral and candidate lists;

c) women are equal partners with men at all levels of development and implementation of state policies and development programmes.

2. StateS Parties shall ensure THROUGH AFFIRMATIVE ACTION9 women's increased, significant and effective representation and participation at all levels of decision-making.

3. STATES PARTIES SHALL ENSURE TO UNDERTAKE EQUAL DISTRIBUTION OF POWER AND DECISION MAKING AT ALL LEVELS AND TO UNDERTAKE STATISTICAL GENDER ANALYSIS AND MAINSTREAMING OF A GENDER PERSPECTIVE IN POLICY DEVELOPMENT AND THE IMPLEMENTATION OF SUCH PROGRAMMES IN NATIONAL AND LOCAL GOVERNMENTS.

 

Article 10

Right to Peace

1. Women have the right to a peaceful existence and the right to participate in the promotion and maintenance of peace.

2. StateS Parties shall take all appropriate measures to ensure the increased participation of women:

a) in programmes of education for peace and a culture of peace;

b) in the structures and processes for conflict prevention, management and resolution at local, national, regional, continental and international levels;

c) in the local, national, sub-regional, regional, continental and international decision making structures to ensure physical, psychological, social and legal protection of asylum seekers, refugees, returnees and displaced persons, in particular women;

d) in all levels of the structures established for the management of camps and asylum areas.

3. StateS Parties shall take the necessary measures to reduce military expenditure significantly in favour of spending on social development in general, and the promotion of women in particular.

4. StateS Parties shall take special measures in accordance with international humanitarian law to ensure:

a) effective protection of women and children in emergency and conflict situations;

b) effective protection of asylum seekers, refugees, returnees and displaced persons, particularly women and girls;

c) full and equal participation in all aspects of planning, formulation and implementation of post conflict reconstruction and rehabilitation.

 

Article 11

Right to Education and Training

1. StateS Parties shall take all appropriate measures to:

a) eliminate all forms of discrimination against women and girls AND GUARANTEE EQUAL OPPORTUNITY AND ACCESS in the sphere of education and training;

NOTE: CEDAW, Art. 10, provides for equal "opportunity" and "access" in the educational context, setting the international standard.

b) eliminate all references STEREOTYPES in textbooks and syllabuses to the stereotypes which THAT perpetuate such discrimination;.

c) protect the girl-child from all forms of abuse, including sexual harassment in schools;

D) INTEGRATE GENDER SENSITIZATION AND HUMAN RIGHTS EDUCATION AT ALL LEVELS OF THE EDUCATION CURRICULUM INCLUDING TEACHER TRAINING;

 

2. StateS Parties shall take specific positive action to:

a) increase PROMOTE literacy among women;

b) promote education and training for women and girls at all levels and in all disciplines, PARTICULARLY IN THE FIELDS OF SCIENCE AND TECHNOLOGY;

c) promote the enrolment and retention of girls in schools and other training institutions and the organization of programmes for women and girls who leave school prematurely.

 

Article 12

Economic and Social Welfare Rights

StateS Parties shall adopt AND ENFORCE legislative and other measures to guarantee women equal opportunities to work. In this respect, they shall:

a) promote equality in access to employment AND CAREER ADVANCEMENT;

NOTE: This language is supported by CEDAW, Art 11 (1) (b) and (c), the international standard, which provides for equality for women in professions and employment, including in promotion.

b) promote the right to equal remuneration for jobs of equal value for men and women;
    1. ensure transparency AND THE APPLICATION OF NON-DISCRIMINATORY CRITERIA in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace;

NOTE: CEDAW, Art. 11 (b) expressly provides for "the application of the same criteria for selection in matters of employment" for women as for men, setting the international standard.

    1. allow ENSURE women’S freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognized and guaranteed by conventions, laws and regulations in force;

NOTE: CEDAW, Art. 11(c), specifically guarantees that "States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure"…" the right to free choice of profession and employment…", making merely "allowing" such freedom substantially below the international standard set by CEDAW.

E) ENSURE THE RIGHT EQUALLY WITH MEN TO SOCIAL BENEFITS IN PARTICULAR WITH REFERENCE TO RETIREMENT, UNEMPLOYMENT, OLD AGE AND OTHER INCAPACITY TO WORK;

NOTE: CEDAW, Art. 11(e) specifically provides for such rights, making the absence of such a standard below the international level.

e) create conditions to promote and support the occupations and economic activities of women, in particular, within the informal sector;

f) set up a system of protection and social insurance for women working in the informal sector of the economy and sensitize them to adhere to it;

g) introduce a minimum age of work and prohibit children below that age from working, and prohibit, combat and punish all forms of exploitation of children, especially the girl-child;

h) take the necessary measures to recognize the economic value of the work of women in the home;

i) ADDRESS PREGNANCY NEEDS IN THE WORKPLACE, guarantee adequate and paid pre and post-natal maternity leave in both the private and public sectors, AND PROVIDE DAY CARE FACILITIES AT THE WORK PLACE;
    1. SUBJECT TO THE IMPOSITION OF SANCTIONS, PROHIBIT DISCRIMINATION INCLUDING DISMISSAL ON THE GROUNDS OF PREGNANCY OR MOTHERHOOD;

NOTE: CEDAW Art. 11(2)(a) clearly mandates that States Parties shall take measures "to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status," making the absence of such a provision beneath CEDAW standards. This standard is underlined by the Declaration on the Rights of Women at Art. 10(2), which requires that "measures shall be taken" to prevent discrimination on grounds of maternity. Article 8 of the European Social Charter protects workers who are mothers, including prohibiting at (2) the dismissal of a woman from employment during pregnancy leave.

j) ensure equality in taxation for men and women;

k) recognize and enforce the right of salaried women to the same allowances and entitlements as those granted to salaried men for their spouses and children;

l) recognize that both parents bear the primary responsibility of upbringing and development of children and that this is a social function for which the State and the private sector take responsibility;

m) take effective legislative and administrative measures to prevent the exploitation and misuse ABUSE of women in advertising practices AND THEIR EXPLOITATION, USE AND ABUSE IN PORNOGRAPHY.

 

 

 

Article 13

SEXUAL Health and Reproductive Rights

1. StateS Parties shall ensure that the right to health of women, including SEXUAL AND reproductive health are 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;

d) the right to self protect and to be protected against sexually transmitted infections, including HIV/AIDS;

e) the right OF WOMEN to be informed on one’s OF THEIR health status and on OF the health status of one’s THEIR partner, particularly if affected with sexually transmitted infections, including HIV/AIDS WITHOUT PREJUDICE TO THEIR RIGHT TO PRIVACY AND CONFIDENTIALITY;
    1. the right to have family planning education, INFORMATION AND SERVICES.

NOTE: CEDAW, Art. 12 (1), obligates States Parties to take measures to ensure "access to health care services, including those related to family planning." Subparagraph (2) guarantees that women are ensured "appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary." Providing education without services in this area falls below CEDAW standards.

2. StateS 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 ENHANCE EXISTING pre-and post-natal health and nutritional services for women during pregnancy and while they are breast-feeding;
    1. protect the reproductive rights of women particularly by authorizing medical abortion ENSURING THAT WOMEN HAVE ACCESS TO SAFE AND LEGAL ABORTION SERVICES AT LEAST in cases of sexual assault, rape, and incest, OR WHERE THEIR LIFE OR PHYSICAL OR MENTAL HEALTH IS IN DANGER.

 

 

 

 

Article 14

Right to Food Security

StateS Parties shall ensure that women have have ENJOY the right to nutritious and adequate food. In this regard, they shall take appropriate measures to:

a) provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food;

b) establish adequate systems of supply and storage to ensure food security AND ENSURE THAT ALL FAMILY MEMBERS, INCLUDING GIRLS, SHALL HAVE EQUAL ACCESS TO NUTRITION AND FOOD.

NOTE: ICESCR, Art 11, recognizes the right of everyone to "adequate food." Art. 2 guarantees that the rights in the Covenant are exercised without sex discrimination. Pregnant women are guaranteed "adequate nutrition during pregnancy and lactation" in Art. 12(2) of CEDAW.

 

Article 15

Right to Adequate Housing

1. STATES PARTIES SHALL ENSURE THAT Wwomen shall have ENJOY the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, StateS Parties shall grant to women, whatever their marital status, access to adequate housing.

NOTE: The term "enjoy" is used in CEDAW, Art. 14 (2)(h), providing for women’s right to "adequate living conditions, particularly in relation to housing…"

2. STATES PARTIES SHALL PROTECT WOMEN FROM FORCED EVICTIONS AND DESTRUCTION OR DEMOLITION OF THEIR HOMES.

 

Article 16

Right to Positive Cultural Context

1. Women shall have the right to live in a positive AND NONDISCRIMINATORY cultural context WITHOUT DEGRADING PORTRAYALS OF WOMEN and to participate at all levels in the determination of cultural policies.

2. StateS Parties shall take all appropriate measures to enhance the participation of women in the formulation AND IMPLEMENTATION of cultural policies at all levels.

 

Article 17

Right to a Healthy and Sustainable Environment

1. Women shall have the right to live in a healthy and sustainable environment.

2. StateS Parties shall take all appropriate measures to:

a) ensure a greater participation of women in the planning, management and preservation of the environment at all levels;

b) promote research AND INVESTMENT into new and renewable energy sources AND APPROPRIATE TECHNOLOGIES and facilitate women's access to AND CONTROL OF them;

c) regulate the management, processing and storage of domestic waste;

d) ensure that proper standards are followed for the storage, transportation and disposal of toxic waste.

 

Article 18

Right to Sustainable Development

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the StateS Parties shall take all appropriate measures to:

a) introduce SEX EQUALITY AND the gender MAINSTREAMING issue inTO the national development planning procedures;

b) ensure, THROUGH AFFIRMATIVE ACTION, participation of women at all levels in the conceptualization, decision-making implementation, and evaluation of development policies and programmes;
  1. promote women’s access to and control over productive resources such as INCLUDING land and guarantee their right to property;
  2. promote women’s access to MACRO AND MICRO ENTERPRISES, credit, training, skills development and extension services at rural and urban levels in order to provide IMPROVE women’S with a quality of life and reduce the level of poverty among women;
  3. take into account indicators of human development specifically relating to women INCLUDING GENDER DISAGGREGATED DATA in the elaboration of development policies and programmes; and
  4. ensure that the negative effects of globalization and any adverse effects of the implementation of trade and economic policies and programmes be reduced to the minimum for women.

Article 19

Widows' Rights

1. StateS Parties shall take appropriate legal measures to ensure that widowS enjoy all human rights through the implementation of the following provisions:

a) prohibit that widows be subjected to inhuman, humiliating and/or degrading treatment;

b) widows shall become, de facto, the guardians and custodians of their children, after the death of their husband, unless this is contrary to the interests and the welfare of the children;

c) widows shall have the right to marry the person of their choice.

2. THE WIDOW SHALL HAVE THE RIGHT TO AN EQUITABLE SHARE IN THE INHERITANCE OF THE PROPERTY OF HER HUSBAND. SHE WILL RETAIN THAT RIGHT IN THE EVENT OF REMARRIAGE. THE WIDOW SHALL HAVE THE RIGHT TO CONTINUE TO LIVE IN THE MATRIMONIAL HOUSE, WHATEVER BE THE MATRIMONIAL REGIME. HOWEVER, SHE SHALL LOSE THAT RIGHT IN THE EVENT OF REMARRIAGE.

 

Article 20

Right to Inheritance

1. The widow shall have the right to an equitable share in the inheritance of the property of her husband. The widow shall have the right to continue to live in the matrimonial house, whatever be the matrimonial regime. However, she shall lose that right in the event of remarriage.

2. Women and girls shall have the same rights as men and boys to inherit, in equitable shares., their parents' properties.

Article 21

Special Protection of Elderly Women

and Women with Disability

and Women with Disability

StateS Parties shall undertake to:

a) provide protection to elderly women, poor women and women heads of families, poor women and women heads of families and take specific measures commensurate with their physical, ECONOMIC and moral SOCIAL moral needs;

 

b) ENSURE THE RIGHT OF ELDERLY WOMEN TO FREEDOM FROM VIOLENCE, INCLUDING SEXUAL ABUSE, DISCRIMINATION BASED ON AGE AND THE RIGHT TO BE TREATED WITH DIGNITY.

ARTICLE []

SPECIAL PROTECTION OF WOMEN WITH DISABILITIES

STATES PARTIES SHALL UNDERTAKE TO:

a) provide protection to women with disabilities and take specific measures commensurate with their physical, economic and social needs as well as their access to employment and professional training;

b) ENSURE THE RIGHT OF WOMEN WITH DISABILITIES TO FREEDOM FROM VIOLENCE, INCLUDING SEXUAL ABUSE, DISCRIMINATION BASED ON DISABILITY AND THE RIGHT TO BE TREATED WITH DIGNITY.

 

Article 22

Monitoring AND COMPLIANCE

(N.B. this sub-article was put under brackets for further consideration)

[1. StateS Parties shall ensure the implementation of this Protocol at national level and give a report as part of the report submitted under article 62 of the African Charter, stating the measures undertaken for the full realization of the rights contained and recognized by this Protocol. ANY PROCEDURES OR REMEDIES THAT ARISE UNDER OR PERTAIN TO THE PROVISIONS OF THE AFRICAN CHARTER SHALL BE EQUALLY APPLICABLE TO THE PROVISIONS OF THIS PROTOCOL.

NOTE: This suggested provision ensures without ambiguity that women receive no less protection for their rights expressly recognized under this Protocol than are provided in the African Charter.

2. StateS Parties to the Protocol shall ensure that:

a) any person whose rights or freedoms as herein recognized are violated, shall have an effective remedy ;

b) such a remedy shall be determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State.]

 

Article 23

Interpretation

The African Court COMMISSION on Human and Peoples' Rights shall be seized with matters of interpretation arising from the application or implementation of this Protocol UNTIL SUCH TIME AS THE AFRICAN COURT IS ESTABLISHED WHEREBY BOTH WILL BE SEIZED WITH MATTERS OF INTERPRETATION.

 

 

 

Article 24

Signature, Ratification and Accession

1. This Protocol shall be open to signature, ratification and accession by the StateS Parties, in accordance with their respective constitutional procedures.

2. The instruments of ratification or accession shall be deposited with the Secretary General of the OAU.

Article 25

Entry into Force

1. This Protocol shall enter into force thirty (30) days after the deposit of the fifteenth (15) instrument of ratification.

2. For each of the State Party that accedes to this Protocol after its coming into force, the Protocol shall come into force at the date of deposit of the instrument of accession.

3. The Secretary General of the OAU shall inform the StateS Parties of the coming into force of this Protocol.

Article 26

Amendment and Revision

1. Any State Party may submit proposals for the amendment or revision of this Protocol.

2. Proposals for amendment or revision shall be submitted, in writing, to the Secretary General of the OAU who shall transmit same to the StateS Parties within thirty (30) days of receipt thereof.

3. The Assembly, upon advice of the African Commission, shall examine these proposals within a period of one (1) year following notification of StateS Parties, in accordance with the provisions of paragraph 2 of this article.

4. Amendments or revision shall be adopted by the Assembly by consensus or, failing which, by a simple majority.

[5. The Commission may also, through the Secretary General of the OAU, propose amendments to this Protocol].

N.B. (this sub-article was put under brackets for further consideration.)

6. The amendment shall come into force for each State Party which has accepted it thirty (30) days after the Secretary General of the OAU has received notice of the acceptance.

 

Article 27

Status of the Present Protocol

1. EVERY WOMAN SHALL BE ENTITLED TO THE ENJOYMENT OF THE RIGHTS AND FREEDOMS RECOGNIZED AND GUARANTEED IN THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND THE PRESENT PROTOCOL, WITHOUT DISTINCTION OF ANY KIND.

2. None of the provisions of the present Protocol shall affect more favorable provisions for the realization of rights of women contained in the national legislation of StateS Parties or in any other regional, sub-regional, continental or international conventions, treaties or agreements applicable in these StateS Parties.

3. IN FULFILLMENT OF ARTICLE 18(3) OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS, EVERY WOMAN HAS THE RIGHT TO THE RECOGNITION, ENJOYMENT, EXERCISE AND PROTECTION OF ALL HUMAN RIGHTS, AND FREEDOMS EMBODIED IN REGIONAL AND INTERNATIONAL DECLARATIONS AND CONVENTIONS.

NOTE: These general provisions aim to ensure that women’s rights under the present Protocol do not fall below those guaranteed under the African Charter and other regional and international instruments.