BRIEFING NOTES ON THE DRAFT SADC PROTOCOL ON GENDER AND DEVELOPMENT, AND THE DRAFT SADC GENDER POLICY

BRIEF BACKGROUND

DRAFT SADC PROTOCOL ON GENDER AND DEVELOPMENT
The decision to develop the Draft SADC Protocol on Gender and Development was aimed at addressing the slow and inconsistent progress in addressing gender disparities within Member States, despite the legal and policy instruments in place. Furthermore, the new gender related challenges including HIV and AIDS, globalisation and trafficking in humans, especially women and children have emerged and needed to be reflected in the SADC Protocol on Gender and Development.

The Draft SADC Protocol on Gender and Development was therefore, developed in accordance with the approval by the Council of Ministers during their meeting in August 2005, and subsequent endorsement by the August 2005 Summit of Heads of State and Government. The Summit emphasized the need to ensure thorough consultations with Member States.

The Gender Unit of the SADC Secretariat embarked on a consultation process to initiate the drafting process. A Regional Taskforce was constituted to spearhead the drafting process of the SADC Protocol on Gender and Development. The Regional Taskforce was comprised of the SADC current chair, the outgoing chair and the incoming chair. The first meeting of the taskforce was held in Gaborone, Botswana from 28 to 29 March 2006, with the aim of finalizing the "Terms of Reference" for the Taskforce, and of developing a roadmap for drafting the Protocol, as well as the drafting instructions for the Protocol.

The Secretariat engaged a legal expert to develop a Zero Draft of the SADC Protocol on Gender and Development, guided by the drafting instructions. A technical roundtable of experts (legal and gender) was convened in Johannesburg, South Africa, from 14 to 15 September 2007 to review the Zero Draft.

The SADC Ministers responsible for Gender and Development met in Maseru, Lesotho in November 2006, to review the Zero Draft of the SADC Protocol on Gender and Development and subsequently, approved it for national consultations. National consultations with civil society organizations were also held in March 2007, followed by Regional Consultations in Gaborone, Botswana, during April 2007. These Regional Consultations included Government officials, civil society organizations, international cooperating partners and the. Media.

DRAFT SADC GENDER POLICY
The SADC region recognizes gender equality as a fundamental human right and an integral part of regional integration and economic growth and development.

SADC Member States' commitment to gender equality is demonstrated through accession to and ratification of frameworks that promote women's human rights such as the Convention on the Elimination of Ail forms of Discrimination Against Women (CEDAW) ,which became a SADC ratified Protocol in 2004, the Solemn Declaration on Gender Equality in Africa through which they have reaffirmed their commitment to amongst others, gender equality as enshrined in the Constitutive Act of the African Union Article 4, the Dakar Platform of Action (1994), the Beijing Platform of Action (1995), United Nations Resolution 1325 on Women, Peace and Security (2000), and the Protocol to the African Charter on the Rights of Women in Africa (2003).

The SADC Region has made significant progress in the implementation of these commitments and has witnessed improvements in the development of national policies, structures, guidelines, action plans and programmes addressing gender inequalities, raising awareness in gender analysis and mainstreaming at both national and regional levels. Despite this progress, implementation still fell short of the stated commitments and improvements are needed to face emerging threats such as the increasing poverty, HIV and AIDS, escalating levels of gender violence and human trafficking in the region.

The Draft SADC Gender Policy was developed therefore, to provide a sound, authoritative, coherent and strategic mechanism for achieving the objectives of the SADC Declaration on Gender and Development. The policy is intended to facilitate the implementation of the SADC Gender Commitments as it includes similar standards, indicators and timeframes which will be the driving force to motivate all Member States to move towards the achievement of the set targets.
SOUTH AFRICA'S INVOLVEMENT IN THE DEVELOPMENT OF THE DRAFT SADC GENDER INSTRUMENTS
South Africa participated extensively in the development of the Draft SADC Protocol on Gender and Development through the Office on the Status of Women in the Presidency, the Commission on Gender Equality, the Chief Directorate; Gender in the Department of Foreign Affairs, as well as through its
civil society organizations like Gender Links and ACCORD during national, civil, society and regional consultations.
In the Ministerial Meetings held in Maseru, Lesotho in November 2006, and in Maputo, Mozambique in July 2007, South Africa was looked to, to provide leadership as it has made substantial progress in the implementation of the SADC Declaration on Gender and Development (1997), as well as the
Addendum on the Prevention and Eradication of Violence Against Women and Children (1998), including other International Gender Commitments. In particular, South Africa advocated for the inclusion of the protection of women who live together in Consensual Sexual Relationships, the implementation of. UN Resolution 1325 on the inclusion of women in peace building, peacekeeping and
conflict resolution initiatives, as well as the protection of the reproductive rights of women .

POSSIBLE/KEY CHALLENGES TO THE IMPLEMENTATION OF THE DRAFT SADC PROTOCOL ON GENDER AND DEVELOPMENT
Lack of authority of Gender Machineries within some Member States, leading to high staff turnover.

Insufficient funding for Gender Machineries in some Member States.

Some Gender Machineries are headed by men who are not necessarily progressive in their perspectives on gender issues.

The use of culture and tradition to constrain the implementation of gender instruments.

It should also be noted that Mauritius registered a reservation with respect to Article 4, Item 1 (b) of the Draft SADC Protocol on Gender and Development, which requires Member States to enshrine gender equality in their constitutions by 2015. Mauritius has indicated that it has a huge Muslim population, therefore it has a derogation clause in its Constitution, which safeguards the religious rights of Muslims. It will be difficult therefore to change the constitution to enshrine gender equality.
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