Seven days in Banjul: champions for the Protocol

Eve Odete, part of the SOAWR coalition delegation, reports back on the events in Banjul where Niger's rejection of the AU Protocol on the Rights of Women in Africa is roundly condemned. Despite that set back, support for the protocol grows, boosted in particular by the launch of the joint publication from SOAWR and the AU Commission of 'Breathing life into the African Union Protocol Women's Rights in Africa'.

The Seventh Summit of the African Union and its preliminary sessions, the Executive Council and Permanent Representative Council, has just ended in the Smiling Coast, the Gambia. As I look back at the press coverage during the summit, I scan a rainbow of grandiose arrivals including the outgoing Secretary General of the UN, Koffi Anan, the President of Libya, Muammar Gaddafi, the President of Iran, Mahmoud Ahmadinejad, the Thai diplomat, and the Chinese investor. Beyond the official Summit theme, Rationalization of Regional Economic Communities and Regional Integration, and the evidently charged geo-political agenda, did anything else happen?

Niger in Focus

‘The action by the national Parliament of Niger to reject, in its entirety the AU protocol on the Rights of African Women sets a dangerous precedence for the rest of Africa’ lamented Madame Djatou Traore, president, CONGAFEN Niger. Such was the clarion call by Solidarity for the Rights of Women in Africa, SOAWR, throughout the Summit, and it resonated among key policy makers. Caroline Osero-Agengo of SOAWR in congratulating the Gambian National Assembly for lifting the reservations on the Protocol called on the Vice-President Vice President and Secretary of State for Women’s Affairs the Gambia to use the opportunity of the AU Summit to urge her counterpart in Niger to take steps to reverse the recent decision by the National Assembly of Niger. She said “for the millions of women and girls that continue to be stalked by the female genital mutilation and other harmful practices across Africa, the Protocol offers an opportunity to rectify the absence of laws against the harmful cultural practices’’ Is it the spirit of the Summit that generates an immediate commitment by Her Excellency Dr. Isatou Njie-Saidy to urge the Speaker of the National Assembly of Niger to revisit the issue?

It is June 25 and the plenary room at the Kairaba Hotel is filled with over 100 women and men under the banner of the Solidarity for the Rights of African Women Coalition for a public symposium. I see faces from the previous day’s public forum also hosted by the African Center for Democracy and Human Rights. One after the other, participants dissects the Protocol. We hear painful stories of an aunt having to dissuade her niece from disfiguring herself through FGM and the joyful stories of a female excisor change profession to become a tailor. ‘’Nowhere is the dividing line between the past and the future more clear than the struggle to eradicate harmful cultural practices and to expand the power of women over their own bodies, assets and relationships.’’ Says Irungu Houghton. I note the sustained participation of the Special Rapporteur on Women’s Human Rights, Angela Melo, and hear her commit her good offices to urge member states to accelerate the ratification of the Protocol. Commissioner Melo singles out the National Assembly of Niger, deploring their recent action to reject, by a close vote in parliament, the Protocol in its entirety. She pledges to send a mission to Niger to persuade the government to rescind the decision. Commissioner Melo further deplores the lack of political will in Africa in advancing Protocol.

The long awaited, high profile public launch of the joint AU Commmission / SOAWR publication, and ‘Breathing Life into the AU protocol on Women’s Rights’ is here [1]. The ceremony attracts over 100 citizens and dignitaries from The Gambia and elsewhere in Africa attending the 7th Ordinary Summit of the African Union. In Launching the book, Her Excellency Dr. Isatou Njie-Saidy, calls for urgent public information campaigns for the women to understand and demand protection under the provisions of the Protocol. She commends the book to everyone present, all Government departments, NGOs, institutions of learning and individual women and men. ‘I encourage the organisers to translate into local languages and distribute the book far and wide’ She says.

In her speech during the launch, Winnie Byanyima, director, AU Gender, Women and Development Directorate, and moderator of the session, emphasizes the significance of the Protocol to the life of women in Darfur and reiterates the commitment of her Directorate to take into consideration their plight.

Ambassador Said Djinnit, Commissioner for Peace and Security Council applauds the ardent campaign by the women’s movement towards the development and the ultimate ratification of the Protocol. He reiterates his call to both men and women to sustain the efforts, and his firm belief in the rights of women and gender equality. He traces his personal experience as OAU Assistant Secretary General of working with women civil society leaders and Ambassadors to negotiate the adoption of a progressive and visionary Protocol. He closes by arguing, “You cannot transform a continent while keeping women away from decision-making. We need to develop alliances with each other.”

The book makes a clarion call for the universal ratification, domestication and implementation of the Protocol and is available from SOAWR members and the African Union Commission.

Common advocacy front is negotiated

The culmination of the AU pre-Summit Women’s Forum is a resolution adopted by the forum stating key policy messages for consideration by the AU [2]. The resolution is further strengthened when a joint AUC, SOAWR and FAS meeting agrees to consolidate their positions into one Resolution for submission to the Summit (see below). Adopted on 27 June 2006, the resolution addresses among others, the enforcement of the principle of gender parity in all key AU organs, the acceleration of the ratification of the AU protocol on the Rights of women, and the enhancement of human security in situations of conflict.

Further discussions with the Gender Directorate agree the consolidation of a common advocacy platform for the women’s movement in subsequent summits to ensure effective influencing of the AU agenda. Winnie further urges the women’s movement to strive to influence the summit agenda more proactively by negotiating common positions in line with the summit themes. A way of working to this end was agreed. I can’t agree more.

The visibility of the campaign during the summit is enhanced by several national and regional media hits following three well-attended press conferences and coverage of the high profile events. To cap this, and widely televised, is a green card issued to the vice president of the Gambia in honor of the exemplary role of the National Assembly in lifting all reservations to the Protocol.

In spite of my frustrations with flight connections to Banjul and the helicopter ride in Sierra Leone, I return home satisfied that the list of champions on the Protocol has grown.

* Eve Odete is Pan Africa Policy Officer for Oxfam GB.

* Please send comments to or comment online at www.pambazuka.org

[1] Breathing life into the African Union Protocol on Women's Rights in Africa is published jointly by SOAWR and the AU Commission, and can be ordered at http://www.africanbookscollective.com/

[2] Resolution Adopted at the pre-Summit Women's Forum in Banjul:

RESOLUTION ADOPTED AT THE PRE-SUMMIT WOMEN'S FORUM IN BANJUL

BY

1. THE AU PRE-SUMMIT WOMEN’S FORUM ON “PROMOTING GENDER-RESPONSIVE GOVERNANCE IN COUNTRIES EMERGING FROM CONFLICT”
2. THE SOLIDARITY FOR AFRICAN WOMEN’S RIGHTS (SOAWR) FORUM ON ACCELERATING THE RATIFICATION AND DOMESTICATION OF THE PROTOCOL ON THE RIGHTS OF WOMEN IN AFRICA
3. THE 8TH PRE-SUMMIT CONSULTATIVE MEETING ON GENDER MAINSTREAMING IN THE AFRICAN UNION – GENDER IS MY AGENDA CAMPAIGN NETWORK ON THE IMPLEMENTATION OF THE SOLEMN DECLARATION ON GENDER EQUALITY IN AFRICA

22-27 JUNE 2006
KAIRABA HOTEL. BANJUL, THE GAMBIA

THE RESOLUTION

We, the participants of the

1. The AU Pre-Summit Women’s Forum on “Promoting Gender-Responsive Governance in Countries Emerging from Conflict”;
2. The Solidarity for African Women’s Rights (SOAWR) Forum on Accelerating the Ratification and Domestication of the Protocol on the Rights of Women in Africa; and
3. The 8th Pre Summit Consultative Meeting on Gender Mainstreaming in the African Union – Gender is My Agenda Campaign Network on the implementation of the Solemn Declaration on Gender Equality in Africa

Recognising the renewed commitment of the African Union Heads of State and Government to gender equality and the laudable efforts by the African Union Commission Women, Gender and Development Directorate, civil society organizations and international development partners,

Acknowledging the existence of instruments that promote women’s rights in peace and conflict, namely the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Protocol on the Rights of Women in Africa), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Covenant on Civil and Political Rights, the Beijing and African Platforms for Action on Women and the UN Security Council Resolution 1325,
Recalling the commitment of the African Heads of State to gender equality as a major goal of the AU as enshrined in Article 4 (1) of the Constitutive Act of the African Union, in particular the decision to implement and uphold the principle of gender parity taken at the Inaugural session of the AU Assembly of Heads of State and Government in July 2002 in Durban South Africa and its operationalization during the Second Ordinary Session in Maputo, Mozambique 2003, the Solemn Declaration on Gender Equality in Africa (SDGEA) adopted at the Assembly of Heads of State and Government of the African Union in Addis-Ababa, Ethiopia in July 2004, as well as the entry into force of the Protocol on the Rights of Women in Africa,

Commending the Republic of The Gambia for removing the reservations previously placed on the Protocol on the Rights of Women in Africa,

Further Commending the Republic of The Gambia for supporting and facilitating the entire Women’s Pre-Summit Consultative Meetings,

Acknowledging the ongoing efforts of African women organisations and networks across the continent to promote women’s involvement in conflict resolution and peace-building processes,

Bearing in mind our commitment to monitor, evaluate and report on the implementation of the SDGEA as well as to monitor the implementation of the Protocol on the Rights of Women in Africa,

Stressing the importance of a well-coordinated African-led regional integration process, which ensures women’s effective participation in intra-African trade and their economic empowerment,

Reiterating the importance of promoting well-anchored and effective regional mechanisms for conflict prevention and peace-building that are gender responsive and include women,

Condemning the continued abuse and violation of the rights of women and girls in Sudan, Democratic Republic of the Congo, Somalia and Northern Uganda, and in all situations of armed conflict,

Commends the African Union Commission (AUC) for:
• The holding of the First AU Conference of Ministers Responsible for Gender and Women’s Affairs in October 2005;
• The establishment of the African Union Women’s Committee (AUWC);
• The entry into force of the Protocol on the Rights of Women in Africa in November 2005;
• The application of the parity principle in the AUC including the African Commission on Human and People’s Rights (ACHPR) and the Economic Social and Cultural Council of the African Union (ECOSOCC); and
• The steps taken by the AUC to investigate the allegations of sexual misconduct by some soldiers of the African Mission in Sudan (AMIS).

Committed to
• Contribute to the reporting process of the SDGEA at the national level as well as at the level of the AU Commission;
• Establish a system of mentoring to promote the inclusion of youth in our programmes;
• Strengthening the women’s movement in Africa;
• Encourage the participation of women in politics and advocate for the reform of electoral systems to facilitate their participation;
• Document lessons learned and best practices to share experiences in the different areas of intervention.

Deeply concerned about:
• The prevalence of violent conflicts and wars on the continent and the systematic abuse of women and girls therein;
• The ongoing impunity related to crimes against humanity and war crimes committed against women and children and the weaknesses of the transitional justice processes;
• The low and limited participation of women in decision-making in post conflict processes, despite the existence of instruments such as the AU Solemn Declaration on Gender Equality in Africa, the Protocol on the Rights of Women in Africa and UN Security Council Resolution 1325;
• The rejection of the Protocol on the Rights of Women by the National Assembly of the Republic of Niger and the general slow process of ratifications, domestication and implementation across the continent;
• The financing for women’s initiatives in peace building and decision-making;
• The fact that two years after the adoption of the SDGEA;
-The Establishment of the African Trust Fund for women has not yet been initiated;
-The Parity principle has not been applied in the nomination and election of judges of the African Court on Human and People’s Rights; and

HEREBY RECOMMEND

1. The enforcement of the gender parity principle already adopted by the African Union and contained in the Solemn Declaration on Gender Equality in Africa by the Organs of the AU, the Regional Economic Communities (RECs), Member States and in peace-building and governance processes; and the amendment of the Pan African Parliament (PAP) to allow for at least 2 women representatives out of five;

2. Protocol on the Rights of Women in Africa, that
• Member States work towards universal ratification of the Protocol without further delay and urge those that have ratified it with reservations to withdraw them and proceed to its implementation in its current form;
• Member States that have ratified the Protocol take immediate steps to domesticate, implement and ensure that all national legislation is harmonized in line with the provisions of the Protocol;
• Member States put in place mechanisms to ensure that the Protocol is widely disseminated;
• The Republic of Niger, in particular, reconsiders the decision of its National Assembly to reject the Protocol in its entirety.

3. Human Security, that

• Member States work towards the elimination of all armed conflicts on the continent;
• The AU Peace and Security Council ensures the effective implementation of articles 10 and 11 of the Protocol on the Rights of Women in Africa, which concern the rights of women in conflict situations;
• The African Union, the RECs and Member States prioritize human security, with special attention on the elimination of Sexual and Gender- Based Violence including violence against children. Violence against women must not be tolerated in our countries, both in times of peace and during conflict;
• The AU, RECs, Member States and partners promote peace negotiations mechanisms where women are equitably represented and which respond to the needs of women;
• Heads of State and Government, the AU mechanisms and the International Community take urgent action to punish perpetrators of rape, sexual violence, exploitation and abuse of women and children in all conflict areas;
• Member States and RECs, with the support of the African Union, harmonise policy and legislation on women’s property and land rights with special consideration for women affected by armed conflict and other forms of violence;
• Member States ensure women’s access to land and to resources or profits obtained from extractive industries;
• Member States promote good governance and create a conducive environment to protect women’s rights;
• Member States put in place and enforce mechanisms to combat impunity and corruption;
• Member States integrate human rights and peace education as well as life-skills into school curricula; and
• Member States ensure women’s access to health care.

4. Monitoring and Evaluation, that
• The AU creates and maintains a comprehensive database of different pan-African Networks with the objective of harmonizing activities and facilitating the sharing of best practices on gender, governance and peace building;
• The AU and CSOs invest in documenting and promoting positive aspects of African culture which encourage and recognize peace and empower women and the girl-child;
• The Protocol on the Rights of Women in Africa be accompanied by a strong monitoring framework which assists active deliberation on country reports; and
• The Pan African Parliament, RECs and all National Parliamentary Assemblies provide input into the Heads of State and Government’s annual reports on the Solemn Declaration on Gender Equality in Africa.

Done in Banjul, The Gambia
27 June 2006.