This presentation was given by Saidu M. Jallow during the SOAWR Public forum on June 24th. This presentation addresses the issues of Human Rights standards related to HIV/AIDS, the implication for African women, and more specifically in relation to the abuses they are subjected to.

Public Forum, 24th June 2006, Kairaba Beach Hotel, The Gambia

Welcome Remarks by Hannah Forster, Executive Director, ACDHRS

I feel utterly privileged to welcome you all to this very significant forum, marking the beginning of a number of activities being organised by the Solidarity for African Women’s Rights coalition around the AU Banjul Summit.

Edited by Roselynn Musa, Faiza Mohamed, Firoze Manji, this book is the fruits of the labours of the Solidarity for African Women's Rights (SOAWR), a coalition of more than 20 gender, human rights and development NGOs in Africa, including the African Center for Democracy and Human Rights Studies, FEMNET, Association des Juristes Maliennes, Equality Now, Fahamu, Fundação para o desenvolvimento da Comunidade (an organisation founded by Graça Machel in Mozambique), Oxfam GB and Women in Law and Development in Africa. The book is published with the full endorsement and support of the African Union Women, Gender and Development Directorate.

The Protocol to the African Charter on Human and People's Rights on Women's Rights grew out of a recognition that the African Union's Charter does not adequately address issues that affect women. It is arguably one of Africa's most ground-breaking and progressive rights instruments for gender equality, providing a comprehensive legal framework covering a broad range of women's social and economic rights, such as the reproductive right to abortion, and the legal prohibition of genital mutilation.

The papers in this book are the product of a conference jointly convened by the African Commission on Human and People's Rights and the Solidarity for African Women's Rights coalition that was held in Addis Ababa in September 2005. The primary aim of the conference was to shift the focus from the ratification of the Protocol to ensuring the meaningful implementation of its provisions. Some examples of topics covered are: the campaign for ratification, a report of the Addis Ababa meeting, SADC and the Protocol, NEPAD and women's rights, HIV/AIDS: a challenge to implementation; and challenge of harmonising the Protocol with national laws.

1904855660 172pp. 2006 Solidarity for African Women's Rights coalition £14.95 ISBN-13: 978-1-904855-66-8. The French edition will be published shortly.

The Solidarity for African Women’s Rights (SOAWR) held a Press Conference today (27 June) in Banjul to reflect on the activities that it has been holding on the fringes of the 7th summit of the heads of States and Governments of the African Union (AU).

In Africa, women’s rights to inherit and own property have been a subject of discussion on the continent. Widows have faced hard times following the demise of their spouses. They are not able to exercise their rights because customary laws have premium over statutory ones in many countries despite international conventions and declarations. These issues were discussed at a recent conference in Accra, Ghana.

A new manual from Network Learning gives simple and basic guidance on how to incorporate gender concerns into NGO work. This manual could be used by organisations working in any area.

I am Senegalese-American, born and raised in Senegal, which is a predominantly Muslim country. As I agree and I identify with the struggle of women all over Africa (Women's Rights and Islam
), I find this article of great interest. However, I feel that the usage of "Islamic" as attributes to explain certain misogynistic phenomenona in Africa should be avoided. In fact, the problem is that many men and women think that this is the case, and thus changes come slowly because people believe that it these practices are mandated by religion. I am a Muslim and I am educated, therefore I know better. I think that there needs to be a campaign to show people that these behaviours are in fact un-Islamic and that the prophet Muhammad (saw) was in fact a defender of women's rights. Many Muslims do not know this, and in fact many Muslim men do not know this! The reason why? Well, simply because most people do not really know Islam in Africa as well as in the Middle East. Because of traditions, religious manipulators and language and literacy battles, people are conditioned to follow blindly. The campaign needs to be around exposing the un-Islamic practices of people, not by labelling them as being in line with Islam. If anyone picked up the Qu'ran and read it, they would clearly see that women have a very high status in the religion. I think the men of the Parliament in Niger should do a bit more reading.

President Thabo Mbeki has called on black managers to aspire and proclaim themselves as emperors if they are to rid the country of rampant poverty and gender inequality. Mbeki further advised managers to exude confidence and to believe in themselves, saying this would help them to lead from the "frontline of troops" in bringing about racial and gender changes in the country's business environment.

Countries in crisis and the wider international community must do much more to support women’s involvement in solving Africa’s deadliest conflicts. Beyond Victimhood: Women’s Peacebuilding in Sudan, Congo and Uganda, the latest Crisis Group report, assesses what women have been able to achieve in those three countries to challenge the dominance of militarised solutions.

Close to four million girls suffer needless cruelty in a practice intended to stop them from developing breasts that would attract the attention of men. Mothers and other female relatives use implements such as heated grinding stones, pestles, ladles and spatulas to massage the chests of the girls. This practice, referred to as "breast ironing", occurs extensively in the 10 provinces of Cameroon.

A total of 60 women are expected to attend the second series of the sub-Saharan Women Educational Leadership Workshop in Gaborone next month. According to a news release from the organisers, the workshop is a unique opportunity for women leaders to come and hone their skills, articulate and strategise on gender mainstreaming in policies and programming and gain knowledge of how to deal with HIV/AIDS and Poverty.

For the average adult in Kaiama area of Bayelsa State, a typical day starts with farming in the morning and schooling in the evening. Having suffered untold neglect and deprivation for many years, even though it has been playing host since the early 1950s, to all Nigeria's oil and gas resources and provided about 90 per cent of the country's foreign exchange earnings, they are not really literate.

In this age of instantaneous electronic communication, the term "digital divide" has become standard shorthand. International Women's Day (IWD) provides an opportunity to consider another form of digital divide - the one that separates men from women - and to look at some recent attempts to build bridges across it.

This paper discusses the issue of migrant women and women's integration in Maputo within the context of the new trends of female migration. For a year about fifty women were interviewed in Maputo as well as in the Niassa province. The objective of this study is to demonstrate that women's migration has occurred within problematic decisions and choices for movement influenced by women's emancipation, SAPs and global trends in Mozambique and in the world economy.

Global trade negotiations bring to mind impenetrable technical discussions on macro-economic policy between trade ministers. The WTO Ministerial meeting in Hong Kong last December was seen as the last opportunity to get agreement among the 148 member countries on the Doha Round. But the meeting at Hong Kong again failed to reach resolution and six months on there has been little progress.

A group of men took to the streets in protest after a number of well-publicised incidents reported attacks by women, but some analysts say the real scare is the changing role of women in society. But some social analysts felt Swazi men were less concerned about random acts of violence by women against men than the evolution of women's role in society.

It is not Islam that discriminates against women, argues Khédija El Madani, but rather the interpretation of Islamic scriptures by some scholars. “It is therefore time to return to true Islam, to follow the precepts of the Koran and to act according to the example of our Prophet, who has always respected women,” she says.

If there is one subject that provokes anger, it is that of women’s rights and Islam.

The majority of those from the West and other pro-Westerners present Islam as the enemy of women, and as the religion which denies them their most basic rights. Muslims on the other hand, both radical and moderate, tend to support the view that Islam has uniquely granted rights to women.

Who is wrong? And who is right?

In fact, adherents of both arguments are at the same time both right and wrong. Because, on the one hand, whilst it can be proven that from the time of its revelation, Islam constituted a real revolution in women’s rights by according a dimension of humanity to women that the habits and customs of pre-Islamic Arabia had denied them - this culture recognised the father’s right to determine the life and death of their daughters, and reduced the widow to an object of succession, to be inherited by the relatives of the dead husband. It is equally undeniable that over the course of time, the restrictive interpretation of the place of women in Islam by certain ulemas (Islamic scholars) - sometimes even against the scriptures - has undone women’s rights, one after another.

The theological background

The best proof of this state of affairs is the following thesis supported by a number of Muslim theologians: whereas according to the two monotheistic religions, Judaism and Christianity, it is Eve who is guilty of the Original Sin, and thus responsible for the expulsion of Adam from Paradise; not only does this feature not exist in the Muslim religion, but is also clearly contradicted by the Koran.

Thus the verses of the sura [1], ‘ The Elevated Places’, affirm clearly and precisely, not lending themselves to any ambiguity, that Adam and Eve were tempted at the same time by Satan, and that they both succumbed to temptation, and disobeyed divine injunctions.

- ‘The Devil suggested to both of them…’ (verse 20)

- ‘And he swore to them…’ (verse 21)

- ‘Thus he deceived them into falling…and their Lord called unto them: ‘did I not forbid this tree to both of you? And did I not tell you that the devil is truly a declared enemy of you both?’ (verse 22)

- ‘Both of you said…’ (verse 23) [2]

These examples illustrate perfectly how many Muslim exegetes have distanced themselves from the precepts of the Koran, and to such an extent that they have ended up supporting the opposite of what is stated in the holy book.

Islam, women and the family

This contradiction between Islam, as set out in the scriptures, and their frequently reductionist exegesis, is most vividly translated to the family sphere, and the status of women therein.

Thus it has come about that instead of being revered globally within the framework of the precepts and principles established by the Koran and the tradition of the Prophet Mohammed, the substance of women’s rights in the domestic sphere is considered from a restrictive point of view. Women’s rights have also in some senses been ‘delocalised’: isolated from the harmonious context of Islam’s divine rules and injunctions, and handled independently. One result of this has been the complete distortion and deprivation of the rights that God has accorded to women.

Thus, little by little, in the name of Islam, women have been denied the enlightenment of knowledge, imprisoned within the walls of the home, subjected to the orders of their husbands, and bound to comply with all their whims; or else face renouncement. It is as if women only have duties towards men - whilst conversely, men only have rights. And yet the Koran clearly states that a woman has rights as well as duties (sura: ‘The Cow’, verse 228). Elsewhere, the Koran urges men to treat their wives well:

- ‘Treat them with kindness’ (sura: ‘The Women’, verse 19).

- ‘Keep them in an appropriate manner, or separate from them appropriately’ (sura: ‘Divorce’, verse 2).

It forbids men from bearing prejudice towards women:

- ‘Do not seek to harm them…’ (sura: ‘Divorce’, verse 6).

- ‘Do not abuse them’ (sura: ‘The Cow’, verse 231).

At the same time, the Koran elevates marriage to the status of a solemn bond: ‘The women have received from you a solid pact’ (sura: ‘The Byzantines’, verse 31). Of the same order, the Koran presents the husband and wife as each being clothing for the other: ‘The women are clothing for you and you are clothing for them’ (sura: ‘The Cow’, verse 187). Finally, the Koran places marriage under the seal of ‘affection and divine mercy’ (sura: ‘The Byzantines’, verse 21).

Men, women and equality in Islam

From another point of view, God has placed men and women on a footing of absolute equality, promising Paradise to them both in parallel, as recompense for their good deeds. Men and women are equally threatened with the hell of Gehenna [3] as a punishment for bad actions, as several verses of the Koran indicate:

- ‘Whoever behaves well, whether of the male or female sex, will enter into Paradise.’ (sura: ‘The Forgiver’, verse 40)

- ‘He who accomplishes good deeds, whether he is of the male or female sex…’ (sura: ‘The Women’, verse 124)

- ‘He punishes the hypocritical men and women, and men and women of bad faith.’ (sura: ‘The Victory’, verse 6)

The way in which God treats his creation therefore has nothing to do with biological sex; rather, is uniquely contingent on the actions of men and women, with respect for their social roles.

Moreover, let us not forget that the Koran has bestowed upon women economic rights equal to men by recognising their freedom and ability to manage their property without interference from their fathers, brothers or husbands. In keeping with men, women have been granted political rights by virtue of their being permitted to make allegiances with the Prophet.

In another respect, it is fitting to remember that God created man and woman form the same, unique soul: ‘O my people, fear God who has created you from the same soul’ (sura: ‘The Women’, verse 1). Consequentially, when man debases woman and bears prejudice against her, he is by extension debasing himself, and bearing prejudice against himself. This is why claims that Islam makes of woman an inferior being in relation to man amount to blasphemy: women and men were created equally by God in order to venerate Him. The best amongst His creatures are those who demonstrate piety, irrespective of their sex: ‘The best amongst you are the most pious.’ (sura: ‘The Cleaving’, verse 13)

Conclusion

To conclude, I would strongly affirm that the reasons Muslim women are deprived of some of their fundamental rights are in no way attributable to Islam. On the contrary, they are related to its inaccurate interpretation by certain Islamic scholars. In reality, the quasi-majority of the sexist traditions that are claimed to stem from the Muslim religion bear no relation to it; and, sometimes, even run absolutely contrary to Islam.

It is therefore time to return to true Islam, to follow the precepts of the Koran and to act according to the example of our Prophet, who has always respected women.

* This article was translated from the original French version by Stephanie Kitchen. Please send comments to or comment on line at www.pambazuka.org

Notes
[1] Sura, transliterated from Arabic refers to the books or chapters of the Koran – translator’s note.
[2] The original French translation was by Muhammed Hamidullah with the collaboration of Mr. Leturmy – new edition, 1989, Amana Corporation.
[3] In Islam, this is roughly understood as ‘the place of torment for sinners’ – translator’s note.

Ahead of the important July AU Summit to be held from 25 June -2 July in Banjul, The Gambia, contrasting experiences from two largely Islamic West African countries reveal the cutting edge importance of the AU Protocol on Women’s Rights in Africa. In the Gambia, Parliamentarians blaze the trail for women’s rights and gender equality by reversing earlier reservations on the Protocol, while in Niger their counterparts vote against its ratification. Faith Cheruiyot in Nairobi interviewed leaders of women’s organisations in the two countries and wrote this article.

The recent decision of the Gambian National Assembly to lift four controversial reservations to the Protocol to the African Charter on Human and People’s rights on the Rights of women in Africa on the eve of the upcoming July Assembly of the AU Summit was a remarkable victory for Gambian women’s rights campaigners.

Two years after the Protocol was adopted by the AU Heads of States meeting in July, 2003, the National Assembly of the Gambia approved the Protocol for ratification on 11 March 2005. The Gambian National Assembly debated and approved its ratification with reservations on Articles 5,6,7 and 14.

Article 5 of the Protocol relates to the elimination of harmful practices. Female Genital Mutilation (FGM) is widely practised and deeply entrenched in the Gambia. An estimated 50% to 90% of women in the Gambia have undergone this practice. Many citizens think that this practice is consistent with the Islamic faith and preserves tradition and certain beliefs like increasing the chances of marriageability for girls. Many are also oblivious of the health and reproductive risks involved in continuing with FGM. Consequently, there is no local law prohibiting the practice of FGM as it is not considered a criminal act.

Articles 6 & 7 are the provisions relating to Marriage Separation and Divorce. Due to the significant Islamic population in the Gambia, the majority of the marriages are performed under Islamic law. According to a recent survey, 66% of women respondents disclosed that they were married under 17 years. A further 27% married while under 15 years old. [1] Arranged, forced marriages and child betrothal are common practice in the Gambia.

Sharia law has been applied in divorce and inheritance matters. Women normally have received a lower proportion of assets distributed through marriage than the males. Most divorce cases never reach the courts but in these few cases women often only receive their removal expenses, maintenance allowances for three months and a token amount for the maintenance of the children if they are assigned to the women.

Polygamy is fully allowed under Sharia law and is very common. There is a tendency for women to lose out in modern polygamous relationships. In some cases proper cause and financial support is not given to the woman and her children especially if she is not the favourite of the husband. In other circumstances, men cannot afford to provide the support because of their meagre earnings. Invariably, there is a direct link between polygamy and financial difficulties in marriage. [2]

The Married Women’s Property Act gives married women the right to own property and an equal capacity to enter into contract, customs and traditions. While an important safeguard for women, most proceeds end up belonging to the husband even though the wife is always expected to contribute to the family’s farming or business.

The provision of Article 14 of the Protocol relates to reproductive rights of women. This is a critical issue for women. The high rate of maternal mortality (10/1000) live births is related to the lack of access to adequate health services including pre-natal care, safe contraception and safe abortion. Young women do not have access to family planning services and the level of unwanted teenage pregnancies are high. [3]

Abortion is a criminal offence, except to preserve the life of the mother. Binte Sidbe, the Executive Director of the Association for the Promotion of Girls and Women’s Advancement (APGWAC) speaks on this problem: “Recently baby dumping has become a very big problem in the Gambia. It is illegal here to commit an abortion even though the mother to be cannot take care of the child. We had hoped that with the ratification of the Protocol such activities would only be in the past.”

Following the “dirty” ratification on March 11th 2005, many civil society groups in the Gambia, including the Africa Centre for Human Rights and Democracy studies (ACDHRS), Child Protection Alliance (CPA), Institute for Human Rights & Development (IHRD), UNICEF, lecturers from the University of Gambia, GAMCOTRAP, Management Development Institute (MDI), and Association for the Promotion of Girls and Women’s Advancement (APGWAC), embarked on a long battle and dialogue with policy makers to remove the reservations placed.

Hannah Forster, ACHRS Executive Director reflected recently: “ We embarked on a long process that involved government officials. We set up a Gender Action team with many organisations to target the Justice and Women’s Affairs Department, the African Commission in Banjul. We wrote many articles in the newspapers, did many TV interviews, planned and implemented protest marches directed at the National Assembly. We split the heavy tasks among our organisations. We were few but worked very hard with the National Assembly Members (NAMS). Their support was very crucial to the passing of the Bill. One of the major activities we carried out was to distribute copies of the Protocol to each NAM, after an initial discovery that the NAMS were really ignorant of most of the laws and different Human Rights Instruments.”

Working with grassroots women was one other important strategy. Once they sensitised the women they used their collective voice to put pressure on their NAMs. “The NAMs need votes from these women therefore pay special attention to their constituency members, ” said Binta Sidibe.

The advocates faced many challenges including gross ignorance and resistance to change. The NAMs were hesitant to intellectually engage and build their capacity on issues that are of concern to females and youth. [4] They thought that any instrument stressing the rights of women was a western ideology being imposed on the Africans. Islamic scholar groups and rural men were against the Protocol who saw the full ratification of the Protocol as giving the women more rights that were equivalent to theirs. Hannah Forster further stated: “We did a thankless job, a very difficult and calculated task, but in the end, the results were very satisfying.”

The women’s organisations were convinced that reversing reservations was very important as Gambian laws have huge gaps with special regard to personal laws. The Constitution of the Gambia does have provisions, which includes the right to equality and non-discrimination. However, the Constitution specifically exempts from these provisions laws relating to marriage, divorce and inheritance. [5]

The reversal of the reservations and full ratification of the Protocol by the Gambia on April 25th 2006 was a big breakthrough on advocacy around the Maputo Protocol with the support of all organisations involved in the process. [6] Dr. Isatou Touray the Secretary General of GAMCOTRAP and others commended the National Assembly Members for ratifying the Protocol and expressed appreciation to the Government for taking the bold step to give the women’s bill full ratification.

With a major milestone having been reached in the full ratification of the Protocol by the Gambia, the question turns to how to turn laws into reality on the ground. As it is, there is a wide gap between the Gambia’s international obligations, its stated policies and reality. One of the main factors that impede the effective protection of human rights is the dominance of customary and religious laws and a range of traditional, cultural and religious beliefs that perpetuate discriminatory and harmful practices. [7]

To this end there is a need for increased education, both formal and informal, to all grassroots of the Gambia on the risks involved on FGM practices. The Government ought to demonstrate its full commitment and collaborate with NGO’s that are already working in these areas by providing both technical and financial support to them. The Gambia must take all measures to put an end to the practice of FGM, discourage its proponents and enforce punishments for its perpetrators.

The Protocol has now set that men and women shall be regarded as equal partners in marriage and there should be national laws that guarantee the minimum age to be 18 years. Public awareness on the possibilities for an educated, secure and empowered population must follow.

There is definitely a ray of hope towards reversing the trends and the statistics, however it has to take time. Attention must turn in the Gambia towards the measures and strategies that the government will put in place to domesticate all the provisions of the women’s Protocol. On domestication of the Protocol Binta Sidibe further said: “ The bulk of the work still rests on us the NGO’s. We need to continue the lobbying of our government to prioritise the domestication process. We are positive that once we intensify the pressure towards the upcoming Presidential and National Assembly elections in September and January respectively, we could make headway.”

While Gambian men and women can look forward to a time when the Protocol will be a lived reality, the women of Niger might never come close to realising the benefits of the Protocol. On June 3rd 2006, the male dominated Parliament of Niger voted down the ratification of the Protocol. The Government spokesman Mr Mohamed Ben Ahmed told the state newspaper The Sahel: “The rejection of the motion is a serious set back for Niger, but this is a proper application of domestic principles.” [8]

Many MPs expressed concerns of passing the Protocol on issues of reproductive rights, the freedom for women to choose how many children to have, the abortion debate and inheritance. Niger shares similar religious and cultural practices with the Gambia. It is a predominantly Muslim country where practices like FGM, forced early marriages and polygamy are common in many parts of the country. Many women aged 15-49 have undergone some form of FGM in Niger. This number varies significantly along ethnic, religious, regional and educational status lines. This practice in Niger is an extreme example of discrimination based on sex. It is often used as a way of controlling women’s sexuality and is closely associated with the girls’ marriageability. Mothers choose to protect them from being ostracized, beaten shunned or disgraced. [9]

The Niger is the first African country to refuse to ratify the Protocol in its entirety. Yet, women’s organisations are convinced they can turn this around. Madame Djataou Oussa, le presidente du conseil d’Administration of the Co-ordinators of Women’s NGO’s of Niger (CONGAFEN) said: “It’s a step behind for us and we are demoralised about this. However, we are planning the next step. Our aim is to work towards ensuring that this bill comes back to parliament for fresh debate in three months time.”

The struggle continues for the women of Niger. CONGAFEN and other organisations working at the forefront say that they shall now accelerate further sensitisation of the Parliamentarians. Perhaps the advocates in Niger ought to borrow a leaf or two from their Gambian counterparts.

* Faith Cheruiyot is a Kenyan woman lawyer currently attached to the Pan African programme of Oxfam GB.

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

References

[1] Davies Iber, ISHR WAC “Factors inhibiting women’s rights in West Africa”
[2] Supra no.5
[3] Gambia report to the Committee of the Convention of the Rights of the Child.
[4] The Point newspaper, “ For health of women, for Health of the world, no more violence.” 23rd Nov, 2005.
[5] Equality Now submission to the U.N Human Rights Committee, 75th Session, July 2002.
[6] Supra above.
[7] Supra note 2
[8] The Daily Nation Thursday 8th June, 2006.
[9] Niger FGM country profile: UNICEF Niger.

"I have the honour to invite you to the African Union Women’s Forum which is being organized by the Women Gender and Development Directorate of the African Union, in partnership with African Centre for Democracy and Human Rights Studies and ISIS Women International Cross Cultural Exchange, from 22 to 23 June 2006 in Banjul, Gambia."

This is a call for nominations for inclusion in the book and video documentary, "African Women of Distinction" (working title) to exhibit in Africa and the US in December, 2006. The African Women of Distinction project profiles the stories and work of twenty women in Africa who embody the essence of leadership, determination, and innovation in addressing social, economic and political issues at local, national, and international levels. This is the first of several editions of this project.