Thabo Mbeki, the president of South Africa, put his weight behind efforts to reform the IMF and the World Bank substantially. Addressing the G20 finance ministers and central bankers, Mbeki said the world's financial system, laid out in the Breton Woods arrangements after the war, have only served the minority interests of the world's leading economic powers. 'For a very long period we have had a multilateral system which in reality has been dominated of the many by the few,' he said.

http://www.pambazuka.org/images/articles/329/blogs_01_crossedcrocodiles… of the leading topics on the African blogosphere this week is AFRICOM, the United States Africa Command. reflects the general mood among African bloggers with his argument that AFRICOM has no place in Africa:

“I don't think the greatest immediate danger posed by AFRICOM is from US soldiers and sailors. One of the things that worries me is that I suspect the mercenaries and mercenary corporations are what the US plans to use in Africa, in addition to training African military as US surrogates. These mercenaries may be employees of the US State Department, or some other US government department, as they are in Iraq. Or they may be the employees of giant corporations, such as oil companies. Whatever US objectives, arms and mercenaries can only destabilize. The presence of actual US military personnel may just be window dressing. The dirty work will be done by private armies and private CIAs. Already in the US these are taking over the functions of the military and intelligence. I am hoping a change in US administration may change the direction of this trend, but there are no guarantees.

http://www.pambazuka.org/images/articles/329/blogs_02_africa-speaks.gif… view is shared by Africa Speaks who argues that:

“What Africa needs least is U.S. military expansion on the continent (and elsewhere in the world). What Africa needs most is its own mechanism to respond to peacemaking priorities. Fifty years ago, Kwame Nkrumah sounded the clarion call for a “United States of Africa.” One central feature of his call was for an Africa Military High Command. Today, as the African Union deliberates continental governance, there couldn’t be a better time to reject U.S. military expansion and push forward African responses to Africa’s priorities.

Long suffering the effects of militaristic "assistance" from the United States, Liberia would be the worst possible base for AFRICOM. But there are no good locations for such a poorly conceived project. Africa does not need AFRICOM.”

http://www.pambazuka.org/images/articles/329/blogs_03_liberiaandfriends…Liberia and Friends blog however, takes a diametrically opposed view and insists that AFRICOM is good not only for Africa but specifically for Liberia:

“Why is it that so many African powers are against the United States setting up its African command on African soil? The answer is simple, African nations, at least those run by dictators, like Zimbabwe's Robert Mugabe, don't want more Americans, and their democratic ideas, upsetting the status quo…”

It then goes on to make the case for AFRICOM setting up its headquarters in Liberia:

“… coming out of almost two decades of civil war, and with our infrastructure, and economy in shambles… several hundred, or even thousands, of well paid American soldiers and civilians, would work wonders for the economy. And not to mention the huge financial incentive and the creation of thousands of jobs that would come with Africom requests for basing rights.

Another reason we Liberians should welcome Africom is because it would give pause to any future rebel group, or military commanders contemplating a coup.”
http://www.pambazuka.org/images/articles/329/blogs_04_pickinjava.gifSti… on the issue of security and western involvement in Africa, Pickin Java explains how western business and political interests use two myths to control oil in the Gulf of Guinea:
1. Business myth: "We are not involved in politics. We just make profits for our shareholders through managing the oil." Reality: Shell and other companies have been intimately involved with Nigerian state figures in creating the type of instability amenable to Shell's control of petroleum production, in order to suck the region dry and thus enrich elite political/economic/military 'shareholders'.

2. Military myth: ". . . in general, U.S. policymakers tend to be extremely well educated and dedicated professionals, earnestly working to advance U.S. interests. . . political and economic freedom, peaceful relations with other states, and respect for human dignity. . ."
Matthew V. Sousa and James J. F. Forest, Oil and Terrorism in the New Gulf: Framing U.S. Energy and Security Policies (Lexington Books, 2006), p. 148-149.

Because the Gulf is filled with dangerous terrorists and criminals that are against everything earnest U.S. policymakers believe in, it is important to prop up strong states with strong militaries to fight this menace. Reality: Provide the steel hand on which the velvet glove of business and politics can be worn. "Terrorists" are those who oppose Shell's, BPs and others' corporate interests.”
Pickin Java concludes by asking “How long until the U.S. finds the right kind of Musharraf for Nigeria?

http://www.pambazuka.org/images/articles/329/blogs_05_africaflak.gifAfrikaflak tackles another contentious issue, China’s growing economic influence in Africa:
What the Chinese seem to have done [is to] directly cultivate the people – you know, regular Africans. They’re building roads, bridges, buildings, railroads… The Chinese have most likely banked a lot of goodwill this way: ameliorating the standard of living for run-of-the-mill Africans, those people who never feel the direct benefits of debt relief or well catered Friendship Summits or satellites in orbit.
…
The Chinese offer Africans something real and concrete while American (and to a lesser extent, European) promises are abstract, remote even: democracy, participatory government, rule of law – whatever you want to call it. The U.S. says, if you follow through on the first goals, the good stuff will follow. Later. Maybe much later.
The Chinese appeal to Africans’ base needs. This translates simply: If you have enough plastic crap, you won’t care about what junk the Americans peddle. In the end, everyone is happy: the stalwarts who get to remain in power; the family with their new tools to make their lives a little easier; and, the guy at the end of the street schlepping this stuff.”
http://www.pambazuka.org/images/articles/329/blogs_06_thiswayplease.gifwww.dibussi.com

Heads of the Electoral Commissions of the SADC countries, representatives of the SADC Secretariat and the Pan African Parliament, and other stakeholders and experts will meet in Lusaka, Zambia from 28 –29 November to evaluate elections and the electoral systems, and to map a way forward in order to improve the quality of elections in the region.

Delphine Serumaga writes that despite the impressive policy framework that state has set in place for the protection of the women's rights, South African women and the girl-child remain marginalized with regards to access to basic human rights such as justice, safety and security, housing and health.

South Africa signed, ratified, and deposited the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the African protocol) by 14th January 2005 The commitment is with reservations on article 4, specifically referring to the protection of pregnant women from execution until their child is born, and a provision that exists in South African law.

This commitment adds to numerous agreements, protocols, and legislation for the protection of human rights in South Africa. The policy framework labyrinth that exists within South Africa can be perceived as laudable.

Looking from the outside, one would assume that with numerous considerations for human rights by the State, the social environment is ideal for the enjoyment of at least one’s fundamental human rights, making South Africa’s response to human rights a model to follow.

In fact, within the SADC region, on occasion, civil society organisations look at the South African framework and advocacy approaches for law reform as possible best practices to adopt.

The general trend of South Africa’s role on the continent is that this nation can play a significant role as an arbitrator or a peace negotiator. Thus implying, to an extent, that the national situation is well cared for and managed.

It is true that South Africa has a good and comprehensive constitution, well-planned legislative framework and impressive record of regional and international commitments.

Since the State participates greatly on a wide scale in human rights discourse and commits to the protection of human rights in various arenas such as the United Nations Security Council and the DRC peace agreements, one must look closer to see if what looks good on paper or on record is a true reflection of the internal state of affairs.

From a women’s rights organisation perspective, it is clear that despite the expansive human rights acknowledgements the State makes, the condition for women’s rights remain wanting. Women and the girl-child remain marginalised with regards to access to basic human rights such as justice, safety and security, housing and health. All social aspects that impact on a woman’s vulnerability to violence, a core matter of the African Protocol

The State’s commitments and engagements in human rights promotion are widely acknowledged therefore, the inevitable questions are, why sign another protocol? What internal value does the protocol bring to the people? Is the State or even civil society taking the full opportunity of the protocol that they have ratified?

The African Protocol has limited popularity as a human rights instrument in South Africa; currently there are only 8 civil society organisations that have observer status in South Africa. Out of the 8 organisations, only 2 actively participate in the deliberations of the African Commission. One could safely deduce that the African Protocol is not widely engaged with at the civil society level and possibly within the judicial system at this juncture.

The articulation and domestication of the African Protocol has not been fully realised as with other regional and international policies due to civil society and the judicial system only working with a 13 year old progressive legislation and judicial framework that has been and is still in development since the birth of the new dispensation.

Reference to the provisions of the African Protocol in court judgements is not common place, advocacy campaigns focusing on benefits of the protocol by both government or civil society are non-existent, rights education does not include reference to the African protocol at this stage.

The irony therefore, would be that government could hold civil society accountable for not engaging with a tool they have provided in order to actively pursue the rights for our target groups

The responsibility of drawing down the relevant aspects of the African Protocol to local levels is twofold. The State should make budgetary considerations for the domestication of the protocol. Equally important, the state should ensure that the judicial framework is aware of the commitments and state responsibilities that exist within the protocol.

The second aspect of promoting the protocol is the responsibility of civil society. Mobilisation through joint ventures of interest groups to campaign and advocate for the accountability of government is an untapped priority.

The current climate civil society is operating under is the provision of community-strengthening initiatives that include rights education based on the South African constitution and legislation responding to the reduction of poverty and vulnerability to violence.

At the continental level, we as civil society should take the responsibility of promoting a collective African human rights response to the violations that are rampant in countries such as Sudan and the DRC as a parallel process to South Africa’s role in the deliberations. This would promote the utilisation of the African Protocol in substantive ways.

South African civil society has to critically challenge itself on the current levels of engagement and lack of mobilisation in the national and regional arenas.

We rightfully sight lack of sufficient funding or human capacity to participate fully. However, the true irony is that South African civil society’s failure to effectively engage with the African Protocol highlights that the State has played it’s role in setting up the arena for the fight for human rights and we can be accused of letting ourselves down in our fight for human rights.

* Delphine Serumaga is the executive director of People Opposing Women Abuse (POWA), South Africa

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

The Kenyan situation as regards the ratification of the Protocol has become something akin to a game of ping pong. So far the position of its ratification remains unclear and efforts by different interested parties to obtain clarity on the position seem to hit a dead end, writes Anna Amadi.

The African Charter on Human and People’s Rights addresses African concerns, traditions and conditions. It provides for the enjoyment of rights and freedoms on the basis of equality and non-discrimination, the elimination of discrimination against women and the protection of the rights of women and children. The protections offered by the Charter are, however, not adequate and in 1995, the Protocol to the African Charter on Human and peoples’ Rights on the Rights of Women in Africa (hereinafter the ‘Protocol’) was adopted in Maputo by the OAU to supplement the Charter.

Kenya is a State party to many human rights treaties and declarations but has not ratified the Protocol. For a long time, the human rights discourse and the implementation of obligations outlined in the various human rights treaties and declarations have not been prioritized by Government. The implication of this has been that the human rights discourse has not been popular within Government ministries and departments. Further the human rights initiatives have not attracted adequate budgetary allocations within the Government. Noteworthy, over the years, the human rights agenda has been a preserve of civil society.

The Solidarity for African Women’s Rights (SOAWR) is a regional coalition of women’s and human rights organizations that came together to work for early ratification of the Protocol on the Rights of Women in Africa. SOAWR was formed in 2004, its members alarmed that one year after adoption, only one country (The Comoros) had ratified the Protocol. The group of organizations formed a coalition that would deliberately encourage governments to take swift action in bringing the Protocol into force and ensuring its subsequent domestication. Indeed it was through the efforts of SOAWR that the Protocol came into force in November 2005, just two years after its adoption. So far 22 countries have adopted the Protocol and sadly, Kenya is not one of them.

The Kenyan situation as regards the ratification of the Protocol has become something akin to a game of ping pong. So far the position of its ratification remains unclear and efforts by different interested parties to obtain clarity on the position seem to hit a dead end. There have been myriad challenges in pushing for the ratification of the Protocol in Kenya. These range from lack of clarity on where and from whom to get information on status of ratification of, not just the Protocol, but other international and regional human rights conventions as well. Communication channels remain unclear and undefined. There is also a general lack of awareness and education on human rights and hence no candid discussions on the implications, advantages and disadvantages of ratification of given human rights instruments. These challenges have hampered appropriate consultations on the Protocol with relevant players.

In May 2007 during the 41st Session of the African Commission on Human and Peoples’ Rights held in Accra, Ghana, the Kenya Government reported that it had ratified the Protocol. The exact words of the Minister for Justice and Constitutional Affairs, Honorable Martha Karua were “I can confidently say that the instrument will be deposited by the end of June.” We are now in mid October and nothing has come of the minister’s pronouncement. There is no evidence that any follow up has been made on the Minister’s declaration and clearly there was no commitment in stating thus- an empty promise, yet again.

The Attorney General’s office indeed confirms that the Protocol was debated and received cabinet approval for its ratification and so the AG’s role has been performed. The approval, however, is said to be subject to reservations particularly regarding the thorny issue of women’s reproductive heath rights. (The Protocol explicitly sets forth the reproductive right of women to medical abortion when pregnancy results from rape or incest or when the continuation of pregnancy endangers the health or life of the mother).

The office of the Secretary of Cabinet and Head of Civil Service also confirms that there was a cabinet approval and that this was communicated the Foreign Affairs Ministry way back in May 2006 and the latter was expected to prepare and deposit the instrument for ratification. It is frustrating that the legal office in the Ministry has been giving contradictory information, with claims that the approval was communicated but got ‘lost’, yet other sources claiming no such approval has been received .The Gender Ministry that should take the lead in the matter appears to be in darkness over the whole issue!

In 2005 the Kenya Government constituted an Advisory/Consultative Committee on International Human Rights Obligations with the function of advising the Government on measures necessary to comply with its international human right obligations. The committee works with stakeholders including relevant Ministries, Government departments, public bodies, civil society among others to coordinate the collection, documentation and updating information relevant to the Government’s obligations in order for it to meet and implement its obligations under the regional and international human rights instruments to which Kenya is a state party. FIDA Kenya which is a member of SOAWR sits on this committee, and this offers an opportunity for SOAWR to keep pushing for the ratification of the protocol. However, the committee only plays an advisory role, and cannot, for example, demand accountability from a government department when it fails to perform its duties.

So far, simply put, we are in a quagmire. Clearly there is need for us to continue seeking of audience with the various personalities charged with the responsibility of following up on ratification within government. It would also be useful to build the capacity of stakeholders on the processes and usefulness of not only ratifying but also domesticating the protocol. Women’s and human rights organizations must use of all opportunities that present themselves in different forums to make the case for early ratification of the Protocol. Regular and sustained strategy meetings amongst coalition partners need to be held to keep the agenda alive, with a vibrant communication strategy that ensures all interested parties are on the same wavelength. Media should be an integral campaign partner so that the activities around advocating for the ratification of the Protocol are were well covered for the attention of the concerned government bodies.

* Mrs Anne Amadi is deputy executive director of FIDA Kenya

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

Today, as many across the continent celebrate the 2nd Anniversary of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa, the women’s movement in Uganda is struggling to find the protocol, says Solome Nakaweesi-Kimbugwe.

Today, as many across the continent celebrate the 2nd Anniversary of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa, the women’s movement in Uganda is struggling to find the protocol; which seems to ‘have been lost’! Uganda, just like a number of other African States has to date signed but not yet ratified the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa.

Signature only is a presumption of serious interest but does not guarantee ratification, domestication and implementation. The Protocol in Uganda stalled since 2005 where, it is reported that instruments of ratification had been prepared by government but the protocol lost momentum as well as priority on the part of the government to ratify this protocol. The Protocol in Uganda seem to have got lost and many do not seem to know where it is or even the process to date.

‘We have not seen this protocol in Parliament. The Cabinet has also not ratified it. It has got lost somewhere and we do not know where it is.’ Rt. Hon Rebecca Kadaga, Deputy Speaker of Parliament of the Republic of Uganda, 6th August 2007.

With the current realities, the lives of women in Uganda have been redefined by national, regional and international occurrences. For instance, globalization has impacted on women where more increasingly women are getting poorer due to unfair trade, weaker role of the state, the war on terror, SAPs, PRSPs, etc. In addition, women’s triple roles are being increased due to the global trends like: commercialization of food crops, privatization of water, etc.

There is also a waning political will at the national level which implies that women’s issues are taking back sea due to the increasing feeling that women have had had it all but are being ungrateful yet today government is committed to less vigorous roles a far as human rights are concerned. In addition, the rise of militarism is tending to redefine women’s rights and choices, as well as institutionalizing violence against women – this is especially so in Northern and Eastern Uganda which has been affected by civil strife, displacement and political instability for last 20 years.

For the human rights and women’s movement in Uganda, the protocol is important because: it gives impetus to national laws and policies like the Domestic Relations Bill (Uganda’s family law that has not been enacted since the 1960s - for over 40 years) Land Law ownership, Sexual Offences Law, Domestic Violence Law and law on trafficking in persons. The protocol is paramount as it will help African States to exercise gender justice.

‘If anything, this Protocol should facilitate African States to pass fairer legislation’ Stella Mukasa, Feminist, AMwA, July 2007.

Similarly, a survivor of 3 conflicts in Uganda laments that:

‘If there was law to be passed or treaty to be ratified, it should prevent soldiers from assaulting women as well as protecting women from local / community instigated forms of violence. How do we even ensure that that law applies to the rebelling forces?’ Loy Adepuit Owani, Soroti District, Eastern Uganda.

The Protocol also provides a legal framework at continental level (standardized) and the monitoring of these at continental level.

‘If we can have the protocol, it gives us similar standards, frameworks against impunity across Africa’. Eva Luswata Kawuma- Advocate of the High Court of Uganda, 18/10/07

The Protocol also consolidates and protects the gains so far registered in Uganda such as: women’s education, political participation, Affirmative Action especially in political and governance sector as well as bringing to bear the regional expectations in as far as protection and promotion of women’s rights is concerned.

The Backdrop: Challenges of the Protocol

One of the biggest challenges has been the rise of fundamentalism, re-negotiation of women’s basic rights as well as the waning state commitment to women’s rights. More generally globally, there are fundamentalist forces that are re-defining women’s space ands positions in the form of economic, religious, political, ethnic and cultural fundamentalism.

In Uganda, this has not been helped by the fundamentalist forces taking hostage of the state and using it to roll back on the achievements so far registered. The most vivid backlash of fundamentalism has been experienced with work on the Protocol in Uganda as well as on work with the family law (The Domestic Relations Bill). The state has been held hostage by strong religious groups especially Christian fundamentalists (the Catholic Church and Pentecostals) who are opposed to certain articles in the Protocol especially Article 14 that deliberates on Health and Reproductive Rights. In 2005, the Catholic Church came up with a 2 page centre spread press release in the two of the leading newspaper dailies strongly opposing the Protocol, describing it as one that opens up un-African behaviour and rights especially abortion and use of contraceptives that are contrary to the doctrines of Christianity, morality, and African culture. In a similar move, in 2006/2007, the Pentecostal Churches also signed nationwide petitions opposing the Protocol. In their contestation, these groups have either openly opposed the whole protocol or even calling upon government if its to ratify, it does so with reservations on certain areas such as Article 14, which has been contested within the women’s movement as seen below.

‘We do not want government to ratify with reservations… this brings about impunity where there may have reservations on many articles … Also the process removing reservations is very tedious’. Marren Akatsa-Bukachi, EASSI Executive Director, Interview in the Protocol Video – As Time Ticks, AMwA / SOAWR 2007.

There is also waning political will and outright hostility to women’s issues and the notion of we gave you which implies that rights are granted and can be withheld at leisure by the powers that be. Due to the weak political will and half hearted reforms, gender mainstreaming has been reduced to one sentence usually appended onto policy statements. Gender distributive policies challenge peoples cherished belief, they are often addressed as technical aspects of programming but not real commitment and action is undertaken.

Most countries shy away from economic and social rights progressively because they have to allocate budgets yet, gender budgeting is still a challenge to many developing countries, Uganda inclusive. While the women’s movement managed to register a lot of achievements in the period 1986-2000, after that period, there has been waning political support to women’s emancipation and increasing fatigue. Besides, the failure to consolidate the gains so far registered as well as become independent , free of patronage from the ruling party’s has affected the leverage and power to negotiate on a number of issues.

The problem of convincing policy makers is that; social and economic rights to be understood in terms of development and wellbeing of women. This coupled with the increasing complacence and fatigue in as far as women’s rights imply that advocacy on the protocol is an uphill task.

Many actors (state and non state actors) do not understand the protocol and its provisions, hence, a lot of work has to be done to popularize and raise awareness on the protocol. For example, on 6th August 2007, Akina Mama wa Afrika (AMwA) as part of SOAWR commissioned and launched a documentary on the Protocol entitled ‘As Time Ticks’. The current Minister of Gender, Labour and Social Development – Hon. Syda Bbumba was interviewed by the press on 7th August 2007 and was reported to have confessed that she was not aware or heard about any such a Protocol. She is reported to have responded as: ‘I do not know anything about such a protocol. I would be telling a lie if I commented about it’ Hon. Syda Bbumba, Interview in August 2007

Yet, it is the same ministry that prepared a Cabinet Paper to be discussed by Cabinet in 2004/2005!

In a similar development, a number of Members of the 8th Parliament in Uganda indicated that they were not aware whether this particular Protocol is supposed to be ratified by Parliament or Cabinet and what their role should be! This is an indicator that the Protocol is not known, information is still lacking among policy makers, legislators, and foreign ministry relevant departments and if known, its not prioritized on the part of government.

De-politicizing of the women’s agenda has also implied that the women’s movement in Uganda has in the last few years tended to address issues that are that are less controversial and leave out those that redefine women’s total liberation. Issues such as: women’s bodily integrity, sexuality and sexual orientation, private lives of women, gender based violence, abortion rights, sexual, reproductive health and rights, etc have tended to be left unattended or minimally addressed. In addition, sexual and reproductive rights still remain elusive and, the failure to understand that even provisions of the protocol makes it under restricted circumstances. There is also increased bureaucracy and reduced activism among human rights stakeholders, which has led to even failure to consolidate past gains. This makes them unable to seriously and consistently engage in the human rights issues such as the Protocol.

In relation to the above, one of the biggest challenges of the Protocol in Uganda has been the inconsistency in the advocacy generally within the women’s movement and mainstream human rights and the fact that many human rights actors look at as women struggles not as human rights struggles. Hence with such a situation, advocacy on the Protocol faces stiff resistance as it pushes women’s rights to address these fundamental rights.

There are also discussions about whose struggle is it anyway? Issues about social mobilization, linkages and supporting each others work on the Protocol have been very loose and mainly left to the SOAWR Members in Uganda (Akina Mama wa Afrika and Eastern African Support Initiative for the Advancement of Women) both of which are international women’s NGOs. Hence, implying that most national women’s organizations are not actively engaged with the protocol advocacy or even relate to their mandates that they are dealing with on day to day basis. As observed by renowned feminist, ‘Activists identify with an issue as long as there is no struggle’ (Marjorie Mbilinyi, Tanzania)

Work on the protocol has been an uphill struggle, some of which pit with the core of patriarchy which seem as an added controversial burden to many in the women’s movement in Uganda who are already battling with a lot of agenda. Major issued to dialogue internally are: What kind of issues do we address and how far are we willing to go? Arent we operating within the same patriarchal framework that redefines what is good for women and what is bad? How far are we willing to address specific rights that have hitherto been labeled no go areas? Do we take on women in their diversity and orientation or are we still ‘playing safe’? How do we handle the controversy and difference within the movement as far as the Protocol is concerned?

The Lack of the Protocol Impacting on Women’s Lives in Uganda

Many should be asking why we need to ratify the Protocol in Uganda given all the various initiatives undertaken at national level to uplifting the status of women. One of the glaring impacts of the lack of ratification of the protocol is that laws, administrative, social and economic indicators that states are obliged to provide are not in place. Women’s rights in Uganda have still remained rhetoric mainly as rights enshrined in the 1995 Constitution. This explains why to date there is reluctance in enacting laws, setting up policies and programmes that operationalise women’s rights like the family law, laws on GBV, trafficking in persons, etc. To date, Uganda has failed to protect women from injustice at family and community levels in the private spaces as women are still abused in the name of cultural practices that are highly discriminatory and patriarchal.

Uganda will not be in a position to meet its PRSP (Poverty Eradication Action Plan – PEAP) & MDG targets. Failure to ratify the protocol implies that there are no measures to reach those targets. Failure to ratify also impacts on Uganda’s commitments at international level as far as protection and enforcement of women’s rights are concerned will not be met yet women are among the poorest who have very low social indicators.

A number of reviews like the Poverty Eradication Action Plan, African Peer Review Mechanism process indicated that poverty in Uganda is highly structures along gender lines and specific interventions in terms of the legislation, policy, administrative and programmes have to be undertaken to address inherent challenges that impact on women. It’s therefore no wonder that irrespective of all these, women are poorer. A number of women’s rights have still not attained like affected by conflict, poorest, sexual and reproductive rights,. MDG 3, Constitutional rights of women as provided for in Chapter 4 of the Ugandan Constitution, Pillars within the PEAP especially since gender is across cutting issue. And in terms of Uganda’s long term vision and missions of becoming a middle income country, there is also need to address the role of women in as far as attainment of economic independence as well as stimulating economic growth.

Consolidation of gains in as far as women’s rights is questionable with the failure to ratify, domesticate and implement the protocol. For instance, there are a number of national legislative and policy concerns like: the 1995 Constitution, labour laws, criminal law, National Gender Policy, National Action Plan for Women and PEAP. In addition, if we borrow some of the progressive provisions in the Protocol, it gives impetus to national level advocacy for better laws and policies.

Women’s discrimination is varied but it has at times been in the form of the absence and even existence of gender neutral / gender blind retrogressive laws and policies that are premised on patriarchal notions like citizenship rights, definition of adultery and other sexual offences, definition of a family and head of family. Access to justice continues to elude women and the administration of the law and policy has been sighted as a major hindrance to enjoyment of women’s rights. Generally in Uganda, the court system is characterized by patriarchal values upheld by legal practitioners and the institutions, generally giving more privilege to men and disadvantaging women; difficulty in physical access to magistrate courts; inability of the poor, especially women to pay court expenses; and the degree of technicalities involved, including the legal jargon. As noted,

‘Women’s rights continue to be trampled on because the current laws are inadequate’. Rt. Hon Rebecca Kadaga, Deputy Speaker of Parliament of the Republic of Uganda, 6th August 2007.

Therefore, without the ratification, domestication and implementation of the protocol, we cant quote using International and regional instruments in court cases.

The existing laws, policies and programmes in Uganda today have all failed to genuinely promote and protect the rights of women at personal level and in private spaces. This failure has down rolled the achievements made in the public lives as far as human rights are concerned. Statistics of the Uganda Demographic and Health Survey Report of 2006 indicate that, women’s bodies and sexuality is still controlled by men as such impacts on the realization of many of the fundamental human rights by women.

Its therefore no wonder that statistics indicate that the quality of life of women is reducing and the social indicators are grim like: high fertility rates of 6.9 children on average, increase in physical and sexual violence (to at least 60% experienced violence by partners or husband and at lest 2 in 5 women have been sexually abused by age 15); early marriages ( on average at 17.8 years for women aged 20-49, 55% of women aged 22-49 married by 18 years and 74% married by 20 years of age); age of first sexual intercourse at 16.6 years; polygamy at 28%, rape is on the increases and that 51% of women prefer to use injectibles as preferred method of contraception as it does not require them to negotiate with their partners. The case below justifies this by:

‘I stated from zero level after the death of my husband. My in-laws they took all my things, even my clothing… And when I refused to be inherited by my in-laws, they lit a broken jerry can and burn me all over my body’ Nancy Oluka, Widow, Lira District, Northern Uganda’.

So what next?

As a way of conclusion, there is need to re-strategize and re-launch the campaign as there is need to explore why the process that appeared to be very progressive all of a sudden lost steam and went off the radar of governments priorities. This will enable for strategizing and action on advocacy not only for the protocol but other process on women’s rights that seem to have stalled to date. In addition, there is need to raise awareness about the Protocol as well as enroll allies and human rights actors to join advocacy.

Lastly, ratifying the Protocol, domestication and implementation is actually what the operationalisation of women’s rights in Africa. The task of eliminating gender based discrimination is beyond the purview of protocols, law and human rights but not beyond the people who have experienced multiple and intersecting forms of discrimination over long periods of time. We as Africans need to change our communities so that individually and collectively we are all able to enjoy living lives grounded on equality, equity, freedom, dignity, peace, mutual respect, gender justice, non discrimination and above all respect that African women are equal in rights and dignity!

* Solome Nakaweesi-Kimbugwe is the executive director of Akina Mama wa Afrika (AMwA)

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

As we approach the 2nd anniversary of the coming into force of the Protocol,Caroline Muthoni Muriithi takes us on a retrospective of the continental successes that SOAWR has achieved so far.

The Solidarity for African Women’s Rights (SOAWR) Coalition was created in September 2004 to speed up the ratification of the African Union (AU) Protocol on the Rights of Women and subsequently push for the domestication and implementation of the Protocol at the national level. Three years after its inception, the SOAWR coalition has evolved into a 26 member coalition all working towards popularization, ratification and domestication/implementation of the AU Protocol on the Rights of Women. As we approach the 2nd anniversary of the coming into force of the Protocol let us look back on the continental successes that SOAWR has achieved so far as we intensify the momentum of the campaign and renew our efforts to ensure universal ratification and implementation of the Protocol.

Continental campaign: Using the African Union policy space

The coalition took advantage of the new advocacy opportunities that came with the newly established African Union to engage the African Union member states. The transformation of the Organization of African Unity (OAU) to the African Union in 2002 created room for civil society engagement (CSO’s) and welcomed their contributions through the African Citizens’ Directorate (CIDO) which has the responsibility of facilitation of civil society engagement [1]. Although the collaboration and engagement between CSO’s and the African Union and its institutions has been limited, SOAWR managed to work with other AU departments such as the African Union Commission Legal Counsel Office which receives the instrument of ratifications and the Women, Gender and Development Directorate (WGDD) which has worked together with civil society to discuss African Union instrument such as the Solemn Declaration on Gender Equality in Africa and the African Union Protocol on the Rights of Women as well as strategizing on promoting gender equality within the African Union Commission.

Through this fruitful collaboration with the Women, Gender and Development Directorate (WGDD) the campaign has been able to reach a wide audience both within the African Union as well as citizens across the continent. In 2005, the WGDD helped to provide a space for SOAWR to hold a press conference at the Abuja Summit in January 2005 and has continued to collaborate with SOAWR in planning and hosting various activities such as : jointly publishing a book ‘Breathing life into the African Union Protocol on the Rights of Women’ which was launched at the July 2006 African Union summit in Banjul, Gambia; organizing a joint North African Consultation on strategies for accelerating the ratification of the Protocol across North Africa in Tunis, Tunisia in April 2007 and has continued to engage in various discussion on the way forward for gender equality in Africa.

SOAWR members have also utilized the advocacy and lobbying opportunities at the African Union Summits. The African Union hosts two summits every year; January and July. Since its creation, members have used the summits as a way to make the campaign visible among government officials, African Union and the Heads of State and Government. The summits offer an opportunity to engage these leaders on the steps their governments have taken to ratify the Protocol and a chance to influence decisions made within the African Union.

During the summits, various creative strategies have been used to send the campaign message across. In January 2005, the rating cards strategy proved effective at holding governments accountable. The strategy was based on football penalty cards system: Red for countries that had not signed the Protocol; Yellow for those countries that had signed but not ratified; and Green for those countries that had ratified the Protocol. What made this strategy successful was the fact that country representatives where given the bright colored cards while either sitting in the plenary room or walking towards it making the room look colorful but at the same time arousing curiosity among the other delegates to know what the color cards were about. The color card also created competition among the countries while at the same time shaming those countries that had not ratified the Protocol. The strategy worked on the premise that most governments do not want to look bad before their peers and therefore would be pushed to sign and ratify the Protocol. It worked! On 25th November 2005 (a year after the formation of SOAWR) the African Union Protocol came into forces largely due to the pressure and all the strategic lobbying and campaigning by SOAWR members. Today many of the African Union officials as well as the country delegations are aware of the campaign and the Protocol.

The publication and distribution of policy briefs during every summit which links the Protocol to the current theme of the summit has made the Protocol relevant to all the African Union discussion and debates. These policy briefs are handed out to the African member states delegations as well as to the media. The presence of local and international media present at the Summit has enabled members to communicate the campaign agenda to heads of states and government by holding press conferences and distributing media statements and policy briefs. This has given visibility to the campaign effort in the country hosting the summit, through out the continent and beyond while popularizing the AU Protocol to the masses. To add icing to the cake, the secretariat has followed up by putting more pressure on African Union member states by writing to individual presidents urging them to honor their commitments by ratifying and implementing the Protocol.

The campaign has linked continental efforts with national campaign efforts by actively involving national SOAWR members and women’s organizations in the host country to link human rights violation of women in the country together with Protocol campaign and the Summit theme. For example at the Accra summit in July 2007, SOAWR hosted a public forum that discussed the Protocol at length; the ongoing African Union debate on Union Government and tied these discussions together with ‘trokosi’ a traditional practice in parts of Ghana where girls are enslaved for life in shrines to pay for the ‘sins/crimes’ of their relatives or family members

Women’s organizations across Africa have been mobilized and have joined the rallying call to push for the popularization, ratification and implementation of the Protocol on the Rights of Women in their respective countries. These groups have adopted the Protocol as a tool with which to champion their rights by adopting the Protocol’s provisions in their day to day activities. For example Voix de Femmes, a SOAWR member in Burkina Faso, have adopted article 5 of the Protocol as a tool to fight Female Genital Mutilation (FGM). The Protocol is the first human rights instrument to specifically call for the elimination of FGM and has become a bench mark for the Voix de Femmes campaign against FGM.

Successes

At the time SOAWR was formed, only four African countries had ratified the Protocol (The Comoros, Libya, Namibia and Rwanda), however due to the aggressive campaign today there are 22 African states that have ratified the Protocol. The Protocol came into force one year after the launch of the campaign and two and a half years after the adoption by the Heads of States and Government making it the fastest human rights instrument to enter into force within such a short time in Africa.

The concept of holding member states accountable has been elevated to a new level never seen before at the African Union Summits. It is the first time that leaders have been put to task and have been shamed for failing to honour their commitments to African women expressed in the Protocol and the Solemn Declaration for Gender Equality in Africa.

The African Union Protocol has been featured in various African Union discussions and meetings and with more government officials being more aware of the AU Protocol on women’s rights. For example during the Accra Summit in July 2007, the SOAWR team realized that many of the country delegations were aware of the Protocol as well as the SOAWR coalition that had been pushing for the ratification and implementation of the Protocol. SOAWR campaign objectives have become visible through out the continent as well as the African Union level.

Due to the wide experiences gained at lobbying at the continental level and specifically within the African Union the SOAWR campaign has become a model to be replicated by others around the continent and beyond. SOAWR has been called upon to share its strategies with other civil society organizations around African and in particular the secretariat has received request for organizations to embark on a learning visit to learn about the SOAWR campaign and meet with coalition members. In January 2007, an Iranian woman’s groups visited the Secretariat to learn about the strategies that SOAWR was using to campaign for the ratification and implementation of the Protocol. The group picked up pointers that they intended to replicate back in Iran to develop a national protocol on the rights of Iranian women. In April 2007, the Secretariat hosted lawyers from the Zimbabwe Women Lawyers Association (ZWLA) who wanted to learn more about the campaign and meet with SOAWR members in Nairobi.

Due to the success of the continental campaign, the focus has begun to shift to those countries that have ratified the Protocol to start the process of implementing the provisions of the Protocol at the domestic level. The campaign will continue to target the 31 countries that have not yet ratified the Protocol in order to achieve universal ratification and subsequent implementation of the Protocol in all these countries. It is a large task ahead but the campaign continues to grow in strength and in numbers, recruiting women’s organizations from across Africa to work toward a common goal and objective, to ensure that the AU Protocol on the Rights of Women become a reality for all women in Africa. SOAWR has earned its reputation as,‘the coalition that makes things happen’.

Notes

1 AFRODAD, AFRIMAP and OXFAM GB, ‘Towards a People-Driven African Union- Current obstacles and New opportunities, 2007, p. 5

* Caroline Muthoni Muriithi is Assistant program officer, Equality Now

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

It is two years since the protocol came into force. Time has come for it to become a reality at the level of the family argues Morissanda Kouyate.

It is two years since the Protocol came into force. Time has come for it to become a reality at the level of the family. On the 11th of July 2003, African Heads of state adopted the Protocol on the Rights of Women in Africa. This historic event was a breath of fresh air for African women’s rights. As I have stressed in a previous article, these are rights, and not privileges due to women (http://www.pambazuka.org/en/category/features/22731). In the four years since its adoption, the Protocol has been ratified by the requisite 15 countries, and has come into force as per the statutes of the African Union.

A lot has come to pass during this time: Heads of state have participated in meetings of the AU, only to return home and “forget” to ratify agreements signed on behalf of their people; attempts to water down the Protocol by expressing reservation on certain fundamental articles; but we have also seen a number of resolute political leaders committed to advancing the cause of African women and overcoming the paradox: Nothing without women, but everything for men.

Faced with this incomprehensible slothfulness on the part African governments, the question arises: What is the price of ratification? It requires neither a detailed plan of action, nor foreign aid. All that is required is a strong political will and a commitment to the rights of women. It is unacceptable for politicians to spout pro-feminist rhetoric while the protocol document gathers dust in the parliamentary drawers and ministerial archives.

Forget for a moment the speeches, conferences and workshops, and introduce the protocol to African families (men, women and children). Rather than localization, we should be talking about appropriation, as SOAWR and it global partners have endeavoured to do.

We must continue to involve all sectors of African society: political, religious and traditional leadership, parents, and youth groups. But most of all, the women and girls whose rights have been suppressed in the name of supposed cultural and traditional values.

Catchy slogans will not suffice. What is required is a door-to-door campaign to inform women that their right to protection against female genital mutilation, child-marriage , HIV/AIDS, etc, is enshrined in a document called the Protocol, signed by their own leaders.

To those who argue that the illiteracy prevents women in African villages from enjoying the full protection of the Protocol, let us make it very clear: women’s rights are acquired at birth and not in the classroom.

The work of activists is thus one of restoring innate rights that have previously been alienated. Achieving this requires the kind of innovation and assertiveness that SOAWR displayed by ‘red-carding’ countries that had not yet ratified the Protocol, at regional and international conferences.

This strategy can be further fine-tuned. I would suggest, for instance, that local women in non-ratifying countries issue these red-cards to their own leaders at meetings and rallies. This would be a clear signal to them that until and unless they ratify the Protocol, they do not deserve to participate on the local political playing field.

That the Protocol has come into force, after the required 15 signatories, is thanks to the gargantuan efforts of SOAWR and its partners. Never before in the political history of the continent has a document been ratified so rapidly. The challenge, however, still lies in exposing leaders who are yet to ratify the protocol, perhaps in the hope that it will be overtaken by events. Of equal importance is the challenge of restoring women to their rightful place in the vanguard of the continent’s development.

Future efforts must focus on the beneficiaries of the Protocol. It is only through them that the Protocol will truly come into force.

Dr. Morissanda Kouyate is Director of Operations, Inter-African Committee and Secretary-General, CPTAFE, Republic of Guinea

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

The Women’s Rights Protocol arguably demonstrated the maturity of the African women’s movement, showing the power of collective agenda setting and follow through in a systematic and coherent way, says Pamela Mhlanga.

As the second anniversary of the coming into force of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Women’s Rights Protocol) dawns, we need to pause and reflect. The adoption and subsequent coming into force of the Women’s Rights Protocol was a turning point in the struggle for the rights of women on the continent. Women’s rights discourse and practice was deepened and expanded, and the Women’s Rights Protocol has proved to be a source of inspiration for keeping the momentum to achieve women of Africa’s full equality. The reflection, during this second anniversary, should thus focus on what we know, what we have learnt, and what we are carrying forward to strengthen ourselves as a women’s movement, as well as the content and practice of women’s rights, thereby solidify the gains we have made and decisively tackling the gaps remaining.

The Women’s Rights Protocol arguably demonstrated the maturity of the African women’s movement, showing the power of collective agenda setting and follow through in a systematic and coherent way. It also signaled that the experiences, voices and engagement of women of Africa with human rights matter, and these nuances wee captured in the form of the Protocol. Significantly, it marked the further institutionalization and affirmation of the rights of women on the continent; there is now a ‘homegrown’ source of women’s rights to which we can refer, underpinned by universal human rights standards.

What we know, however, is that women ‘do not eat paper’, and we face the perennial issue of promise vs delivery, and, by extension, ‘paper rights’ vs substantive rights. What we also know is that African governments ratify international human rights instruments all the time, and, dare it be said, often with impunity, as a number of them dance the ratification dance at international level, yet show little sign of domesticating or implementing their commitments. A case in point is that all 14 Southern African Development Community (SADC) countries have ratified CEWDAW, and only 3 countries have domesticated it, due in part to unique constitutional provisions providing for self-execution of ratified international obligations. Another case in point, is numerous reports replete with empirical evidence of little progress in enlarging women of Africa’s entitlements to fully engage with rights, thus denial of rights is still rampant, from violations of bodily integrity, sexuality, and socio economic rights, to outright discrimination often entrenched in national legal frameworks; the long reach of patriarchy and sexism, and increasingly backlash and rise of fundamentalisms, continue to coalesce and pose a fundamental challenge to the positive steps thus far taken to claim our rights.

This contradictory picture of progress and regression begs the question, if substantive delivery on women’s rights remains such a challenge, how are we to reframe the struggle to claim our rights, and how do we continue to creatively use the Women’s Rights Protocol as a point of reference? Certainly for the women’s movement, the struggle for rights must not only remain deeply political, but also located and articulated within broader struggles for advancing participatory democracy, people centred development and good governance. It must go further and be framed as nothing short of an agenda for transformation; radicalising the empowerment project in a way that fundamentally shifts gendered stratifications in structures, processes, cultures and political ethos in new ways.

This agenda for transformation implies a reconceptualisation of indicators of success in achieving women’s rights as a ‘live’ and dynamic process, defined by what is working or not working for women at any given time, not confined to occasional reports, and defining one or two acts or promises by governments as evidence of ‘political will’. The current poverty eradication and HIV/AIDS response frameworks, for example, are not working for women, otherwise these devastating conditions would not have our faces imprinted on them; why after so many decades do we still talk about the feminisation of poverty?

It is absolutely essential that the ‘footsteps’ of women are traced, and their voices made visible in empowering ways, in order to excavate the authentic voice that will not be erased by sophisticated frameworks for advancing rights that are, at times, so complex many of us hardly recognise ourselves in them; the project, as one activist has pointed out, is as much about going back to basics in terms of raising critical consciousness amongst women about asserting our rights and dignity, as it is about sitting on high tables negotiating complex legal instruments based on our agenda and demands. The establishment of the Solidarity for African Women’s Rights (SOAWR) is a point of departure, as the network is working towards harness this complex political agenda in the context of the Women’s Rights Protocol, in a way that aims to bridge the dichotomy between paper rights and substantive rights.

There is an understanding within the SOAWR network, made up of continental and national based women’s empowerment organizations, that the deployment of the Women’s Rights Protocol requires a deepening and broadening ownership of the content of the Protocol, achieved through mobilising a groundswell of support from all the places where women are, in order to create new opportunities for demanding accountability and delivery. Thus whilst some members are visible in key forums such as the AU and SADC Summits, others are taking the message to places where critical engagement is also essential, such as local communities. There is a recognition also that quiet diplomacy in pushing for change may be useful up to a point, so some members are working on public interest litigation cases, and using issue based advocacy such as gender based violence, to place the Women’s Rights Protocol on as many agendas as possible.

SOAWR members recognise the value of broadening the power base in order to ensure strategic influence at all levels, thus they have sought to engage both state and non state actors. In the years beyond this second anniversary of the coming into force of the Women’s Rights Protocol, there are various points of influence that will be necessary to continue to engage, not just by SOAWR but other initiatives, if the continent is to move from 22 ratifications to 53, and there is a fast and effective transition from ratification to domestication and implementation. These would include, amongst others, structured linkages with coalitions working towards an effective African Court on Human and People’s Rights, as well as groups addressing critical issues of people centred empowerment; closer ties with all Regional Economic Communities, supporting the Special Rapporteur on the Rights of Women in Africa, a more pivotal role at every point of gender mainstreaming processes in institutions, structures and processes that matter to us, including stronger ties with the AU Gender Directorate and the African Centre for Gender and Social Development in the ECA, amongst others. Equally important should be the refusal to continue to engage in spaces that no longer serve us, but deepening our own internal engagement on lessons we have learnt and how we can leverage this learning to be more effective as a women’s movement, including ensuring mutually supporting each other’s efforts. The struggle continues.

* Pamela Mhlanga is Head of Programme, Women in Development Southern Africa Awareness (WIDSAA) Programme, at the Southern African Research and Documentation Centre (SARDC)

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

Togo's Prime Minister, Yawovi Agboyibo, on Tuesday said he had tendered his resignation to President Faure Gnassingbe ahead of the formation of a new, post-elections government. "I came to hand in my resignation to the president of the republic," Agboyibo, leader of the opposition Action Committee for Renewal (CAR) party, told national television.

Zimbabwean non-governmental organisations (NGOs) claim their operations have been paralysed since the Reserve Bank raided their foreign currency accounts (FCAs). In his mid-year Monetary Policy Statement at the beginning of October, Gideon Gono, governor of the Reserve Bank of Zimbabwe (RBZ), said NGOs would now maintain 'mirror accounts' that would reflect how much money they had in the bank while the actual money would be kept by the RBZ.

Yves Sahinguvu, 58, has been voted by the lawmakers as the 1st Vice President of Burundi. Sahinguvu replaced Martin Nduwimana who had resigned from the post. Like his predecessor, the new Vice President is also a key member of the Tutsi-dominated UPRONA political party.

A South African court has upheld an appeal by prosecutors against a lower court ruling that prevented them from using documents seized in a raid against Jacob Zuma, a former deputy president accused of bribery and fraud. The ruling by the supreme court of appeal on Thursday could allow the revival of corruption charges against him.

The real danger in the US militarization of Africa, otherwise known as Africom, is not so much in the escalation of the tension, conflict and political dependency of the continent reminiscent of the cold war years, but in the likelihood that the opposition to it may not be significant until it is too late, says Wandia Njoya.

Sierra Leone President Ernest Bai Koroma promised "zero tolerance" on Thursday for corruption in his country after a leaked government report said rampant official graft had swallowed up donor funds. Speaking at his formal inauguration in Freetown, the 54-year-old former insurance executive called for a change of attitude in the West African state to leave behind nearly two decades of poverty and conflict.

South African Foreign Affairs Minister Nkosazana Dlamini-Zuma said she would not refuse a nomination to head the ruling African National Congress, which is due to choose a new leader next month. The ANC's dominance of South African politics means whoever wins is almost certain to become the next president in 2009.

Police in Chipinge on Wednesday charged six MDC activists under the Law and Order Act for allegedly holding illegal political meetings “under the cover of darkness.” The six were part of a group of 15 activists who were abducted from a house belonging to an MDC member in Chipinge South on Monday. The group was force-marched from the house by militias loyal to the Zanu-PF MP for the area, Enock Porusingazi. Nine of the activists were released on Tuesday.

Student organizations have said they believe university officials are under government instruction to target influential student leaders and remove them from campuses around the country, ahead of the elections scheduled for next year. They referred to the escalating assaults, arrests and evictions of student leaders at major universities as evidence of this campaign.

South African President Thabo Mbeki on Wednesday gave a hint there could be political and electoral reforms in line with the SADC election guidelines, before next year’s general elections in Zimbabwe. He was responding to a question raised in parliament in South Africa.

The head of the United Nations anti-crime agency today praised the efforts of Nigeria to bring about what he called a “climate change” in attitudes and actions about corruption in a country that has long suffered from the ruinous effects of the practice. Antonio Maria Costa, Executive Director of the UN Office on Drugs and Crime (UNODC) welcomed a series of recent initiatives by Nigerian authorities to combat corruption, but urged them to do more to crack down, particularly on cyber-crime.