J: Signed and sealed, but hard work ahead

Moving towards domestication: the challenges facing the seven countries who have ratified the Protocol

The following list of countries have signed and ratified the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa: Comoros, Lesotho, Libya, Namibia, Nigeria, Rwanda and South Africa.

Comoros

The Union of Comoros is an emerging democracy ruled by President Azali Assoumani, who took power in a coup in April 1999 and subsequently was elected in April 2002.

Equality before the law

The Constitution provides for equality of persons and inheritance and property rights do not discriminate against women. Despite the existence of some matriarchal traditions, men continue to have the dominant role in society. Societal discrimination against women exists mainly in rural farming areas. While more women are part of the labour force earning decent wages in major towns, there are not a lot of women who hold high positions in business.

Political Participation

In 2002, there was one woman in the Cabinet and there were two women who held senior government positions. In relation to other African countries, Comoros has low female political representation, and currently, there are no women in Parliament. According to the World Bank ‘Africa Country Gender Database’ (ACGD) the gender disaggregated data for education, literacy and the representation of women in parliament show a gender gap that is smaller than the Sub-Saharan Africa (SSA) averages, with the exception of the primary enrollment gap.

Health, violence and reproductive rights

A woman can seek protection through the courts in the case of violence, but the problem is usually resolved within the extended family or at the village level. Prostitution is illegal, and most citizens did not consider it to be a problem.

Literacy rates:

The rates for people aged 15-24: Male 65.6%; Female 52.2% (UNESCO 2004)

Lesotho

Lesotho is a constitutional monarchy with King Letsie III as Head of State. In May 2002, Prime Minister Pakalitha Mosisili, the leader of the Lesotho Congress for democracy (LCD) party, won re-election and was the Head of Government.

Equality before the law

The Constitution prohibits discrimination based on sex and in civil courts, women and men are accorded equal rights. However, under the traditional chieftainship system, the rights of women in areas such as property rights, inheritance, and contracts are very limited.

Political Participation

After the May 2002 elections, there were 12 women in the 80-member National Assembly, and 12 women in the 33-member Senate. Four women were government ministers, and two women were assistant ministers. Currently, there are 14 out of 120 Parliamentary seats occupied by women.

Health, violence and reproductive rights

Although domestic violence, rape, sexual harassment and prostitution occur frequently and are considered criminal offences, few cases are reported or brought to trial. Slowly, wife beating is becoming socially unacceptable behaviour and rape can result in a minimum sentence of 5 years' imprisonment, with no option for a fine.

Literacy Rates

The rates for people aged 15-24: Male: 73.7%; Female: 90.3% (UNESCO 1990)

Libyan Arab Jamahiriya

Elected by the General People's Congress, the current Secretary of the General People's Committee is Shukri Muhammad Ghanim. National elections are indirect through a hierarchy of people's committees.

Equality before the law

While the 1969 Constitutional Proclamation granted women total equality, societal discrimination has kept them from attaining their full family or civil rights. However, due to oil wealth, development and education programs, young, urban women tend to have 'modern' attitudes towards life, whereas less educated, rural or older women tend to guard their more traditional attitudes towards family and employment.

Although Libya has ratified The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), they have entered reservations based on Shari'a Law, to CEDAW Article 2 which entails pursuing a policy measure to condemn all discrimination against women, and; Article 16 which eliminates discrimination against women in all matters relating to marriage and family relations.

Political Participation

In theory, the People's Committees are open to both men and women and provide political participation. However, there is not much evidence to support this information, as Libya does not have any women holding positions in Parliament.

Health, violence and reproductive rights

Violence against women continues to be a problem and the intervention of community or family members usually limits the reporting of domestic violence. Traditional attitudes and practices such as female genital mutilation (FGM) are still practiced in remote areas of the country. Prostitution and related offenses including sexual trafficking are illegal in the Penal Code, however they continue to exist.

Literacy Rates

The rates for people aged 15-24: Male = 99.8%; Female = 94.0% (UNESCO 2004)

Namibia

Namibia is a multiparty, multiracial democracy. President Sam Nujoma was re-elected in 1999, which international and domestic observers agreed were free, but included some government harassment of the opposition, unequal access to media coverage and campaign financing.

Equality before the law

The Constitution prohibits discrimination against women, including employment discrimination and against women married under civil law. Women married under customary (traditional) law continue to face legal and cultural discrimination. Traditional practices that permitted family members to confiscate the property of deceased men from their widows and children still exist.

Political Participation

Because women were heavily involved in liberation struggles in Namibia, they have also been integral in the process of re-building the country. Namibia is among the top 20 countries in the world at having the highest proportion of women members of parliament with 19 out 72 seats.

Health, violence and reproductive rights

Domestic violence against women and children, including rape and child abuse, is widespread due to traditional attitudes regarding the subordination of women. However, there has been improvement in the attention paid to the problems of rape and domestic violence such as longer prison sentences for rapists and abusers and gender sensitivity courses for the police.

Literacy Rates

The rates for people aged 15-24: Male: 90.6%; Female: 94.0% (UNESCO 2004)

Nigeria:

President Olusegun Obasanjo's win in the April 2003 elections marked the first civilian transfer of power in Nigeria's history. The federal Constitution provides for diversity in legislation, letting some northern states practice the Muslim Shari' a Law.

Equality before the law

The Nigerian constitution of 1979 prohibited discrimination on the basis of sex, as do the constitutions of 1992 and 1999. Before Nigeria's 1992 constitution only men could pass on their Nigerian citizenship to their spouses. Despite changes, some rights may still be outside the grasp of women due to continuing social and administrative mores.

Political Participation

No customary prohibitions prevent women's participation in politics, but women have not contested for political positions on a level matching men. Currently there are 24 Parliamentary seats out of 340 being occupied by women.

Health, violence and reproductive rights

Domestic abuse is common in Nigeria. Female genital mutilation, rape, prostitution and sexual harassment are significant problems in Nigeria. Women in Nigeria also suffer legal discrimination in the control of contraception by denying them access to contraception by the Planned Parenthood Foundation of Nigeria without the signed consent of their spouses. Abortion is also legally and socially controlled. Shari'a Law in northern parts of Nigeria have been criticized for their harsh punishments of women, such as death by stoning for adultery.

Literacy

The rates for people aged 15-24: Male: 90.7%; Female: 86.5% (UNESCO 2004)

Rwanda

The largely Tutsi Rwandan Patriotic Front (RPF) which took power in 1994 and declared a Government of National Unity has remained the principal political force. President Paul Kagame was sworn in on April 22, 2000, in what was the first nonviolent presidential change in the country's history.

Equality before the law

Since the 1994 genocide, women have assumed a larger role in the modern sector, and many run their own businesses. Nevertheless, women continue to have limited opportunities for education, employment, and promotion. Government efforts such as scholarships for girls in schools, the provision of loans to rural women, and a Ministry of Gender program have all worked to increase the role of women in the workforce. The 1992 Family Code allows women to inherit property from their fathers and husbands and allows couples to choose the legal property arrangements they wish to adopt.

Political Participation

There are no laws that restrict the participation of women in the political process. With 49% of seats won by women in the recent parliamentary elections, Rwanda became the country that has the most number of women parliamentarians in the world. Rwanda reserves 30 percent of seats in the Lower House and Senate for women.

Health, violence and reproductive rights

Societal and domestic cases normally were handled within the context of the extended family and rarely came before the courts. Genocide survivors, including women and girls who were raped in 1994, have not been able to obtain reparations such as monetary compensation or other assistance for the human rights abuses they suffered. Further, many of them are now infected with HIV/AIDS and do not have adequate resources and support.

Literacy Rates

The rates for people aged 15-24: Male: 86.3%; Female: 83.6% (UNESCO 2004)

South Africa

After apartheid, South Africa had its first democratic elections for national and provincial government in April 1994. The African National Congress became the ruling party and Nelson Mandela became President. South Africa is now a constitutional democracy and the President is Thabo Mbeki.

Equality before the law

The South African Constitution has entrenched gender equality as a key political value. The Joint Committee on the Improvement of Quality of Life and Status of Women has been extremely influential in putting forth legislation such as The Termination of Pregnancy Act (easy access to abortion); The Maintenance Act of 1998 (rights and services for single mothers, pregnant women) and; The 1998 Domestic Violence Act (domestic violence as a public matter). However despite these laws, labour markets, rural practices, limited land rights and inequalities in resources and power within households, continue to marginalise women.

Political Participation

Right after South Africa's second democratic elections in June 1999, the newly elected President Thabo Mbeki appointed eight women to ministerial positions, double the number in the first government. The country ranks seventh in the world in terms of women parliamentary representatives (30 per cent).

Health, violence and reproductive rights

Despite legislation and a high number of women in political positions, there continues to be a lack of services and support for issues such as violence against women, HIV/AIDS, pregnant women, unemployment, housing, health care and rape. All of this despite the fact that South Africa has one of the highest incidence of rape in the world and 15% of women are infected with AIDS. Further, increasing levels of violence have increased women's fear and vulnerability, made it difficult for them to take up social and economic opportunities and put them at a higher risk of HIV infection.

Literacy rates

The rates for people aged 15-24: Male: 91.8%; Female: 91.7% (UNESCO 2004)

* Compiled by Rina Alluri, Fahamu