Governance and Democracy Bringing balance into development Economic Empowerment of Women in Africa The legal framework for the continent
Eschborn, 2011 Published by: Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) Registered offices: Bonn and Eschborn, Germany Dag-Hammarskjöld-Weg 1-5, 65726 Eschborn, Germany Phone +49 61 96 79-4121 Fax +49 61 96 79-80 4121 Email sabine.guertner@giz.de Internet www.giz.de/gender-en Design: creative republic Thomas Maxeiner Kommunikationsdesign, Frankfurt am Main, Germany www.creativerepublic.net Photos: GIZ / istock / shutterstock / Getty Images / Karin Desmarowitz / agenda, Jörg Böthling The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH was formed on 1 January 2011. It brings together the longstanding expertise of DED, GTZ and InWEnt. For further information, go to www.giz.de. Responsible: Sabine Gürtner Programme Manager Promoting Gender Equality and Women s Rights
Contents 3 Introduction............................................................ 5 1 International landmark agreements on gender equality and women s empowerment A frame of reference for African initiatives................ 6 1.1 Fundamental human rights instruments................................. 6 1.2 Gender specific milestone accords...................................... 7 2 African political and legal commitments to the economic empowerment of women............................. 10 2.1 Continent-wide instruments to empower women......................... 10 2.2 Sub-regional approaches to enhance women s empowerment................. 13 2.2.1 Eastern Africa: Common Market for Eastern and Southern Africa (COMESA) and Intergovernmental Authority on Development (IGAD)....... 13 2.2.2 Southern Africa: Southern African Development Community (SADC)........ 16 2.2.3 Western Africa: Economic Community of West African States (ECOWAS)..... 17 2.2.4 Northern Africa: Euro-Mediterranean Partnership The Istanbul Process...... 18 3 Appendix...................................................... 20 3.1 Status of ratification of the International Covenant on Civil and Political Rights................................................ 20 3.2 Status of ratification of the International Covenant on Economic, Social and Cultural Rights.......................................... 20 3.3 Status of ratification of the Convention on the Elimination of All Forms of Discrimination against Women.......................... 21 3.4 Attendance at the Fourth World Conference on Women in Beijing 1994....... 21 3.5 Status of ratification of the African (Banjul) Charter on Human and People s Rights................................................ 22 3.6 Status of ratification of the Maputo Protocol. to the African Charter on Human and People s Rights on the Rights of Women in Africa.............. 22 References............................................................ 24 Abbreviations.......................................................... 26
4
Women s economic empowerment is not a women s issue, it is at the very core of development. 1 The political and economic empowerment of women is a contribution to sustainable growth and responsible government. 2 5 Introduction Gender equality and the empowerment of women are crucial components of sustainable and socially equitable development. Not only do indi vidual women benefit from the opportunity to contribute to the development processes, but gender equality adds to overall economic growth, alle viation of poverty and the well-being of society as a whole. The participation of women in development activities increases the income of individual families and this, in turn, leads to better nutrition and health as well as to increased savings and investments. This is of particular importance for Africa the only region in the world where poverty has continued to rise since 1990. 3 International and African initiatives like the Millennium Development Goals (MDGs) and the African Women s Decade, which was proclaimed by the African Union for 2010 to 2020, show that the correlation between gender issues and sustainable development has been widely acknowledged. This insight is reflected in many international initiatives, declarations and resolutions, with MDG3 as a prominent example. Less known, however, are the multitude of African initiatives and texts that have been ratified on gender issues at continent and sub-regional level. This publication aims at filling this gap and offering an overview of the relevant texts for working on women s issues in Africa. It is published by the Programme Promoting Gender Equality and Women s Rights on behalf of the German Federal Ministry of Economic Cooperation and Development (BMZ). Apart from putting each text in a broader context and explaining its specific importance, this selection offers a comprehensive collection of relevant quotes. This publication will prove useful for practitioners and students who are looking for both an introduction to and an overview of the legal framework of gender equality in Africa. It also provides a sound basis of argumentation for all those working to promote gender issues in Africa, and therefore helps to tackle one of the most promising development paths of the continent the economic empowerment of women. 1 BMZ (2007): Women s Economic Empowerment as Smart Economics: A Dialogue on Policy Options. Call for Action 2 At their 2007 Summit in Heiligendamm the G8 recognized the importance of women s empowerment and its contribution to sustainable growth and responsible government: G8 Summit Declaration (2007): Growth and responsibility in Africa p. 9 3 BMZ (2010): Fostering regional cooperation. Sub-Saharan Afrika: http://www.bmz.de/en/what_we_do/countries_regions/subsahara/index.html
1 International landmark agreements on gender equality and women s empowerment A frame of reference for African initiatives 1.1 Fundamental human rights instruments 6 The international community has launched a variety of instruments to address women s rights and empowerment. African agreements frequently refer to these instruments and hence express African leaders commitment to these milestone achievements. At the very forefront, the Universal Declaration of Human Rights (1948) as well as the supplemental Covenants on Civil and Political and on Economic, Social and Cultural Rights (1966) passed by the General Assembly of the United Nations are cited as basic cornerstones for the explicit inclusion of women s rights in general and their economic empowerment in particular. Most notably, the International Covenant on Economic, Social and Cultural Rights determined such essential standards as equal pay for equal work for both men and women at an early stage of international cooperation. Universal Declaration of Human Rights (1948) Preamble Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women [ ] International Covenant on Civil and Political Rights (1966) Article 3 [ ] to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. International Covenant on Economic, Social and Cultural Rights (1966) Article 3 [ ] to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 7 [ ] recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work [ ]
1.2 Gender specific milestone accords Apart from these fundamental human rights instruments African policy makers explicitly draw on two agreements that specifically address women. These include the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW, 1979) and the Beijing Declaration (1995), both of which cover diverse aspects of women s lives, including their rights in the economic realm. Convention on the Elimination of all Forms of Discrimination against Women (1979) Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women [ ] Article 10 States Parties shall [ ] ensure to them equal rights with men in the field of education and in particular to ensure [ ]: (a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training [ ] Article 13 [ ] to ensure [ ] in particular [ ] (b) The right to bank loans, mortgages and other forms of financial credit [ ] Article 14 2. [ ] to eliminate discrimination against women in rural areas [ ] and, in particular, shall ensure to such women the right [ ] (d) To obtain all types of training and education, formal and nonformal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and cooperatives in order to obtain equal access to economic opportunities through employment or self employment [ ] (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes [ ] 7 Beijing Declaration (1995) Article 26 Promote women s economic independence, [ ] ensuring equal access for all women, including those in rural areas, as vital development agents, to productive resources, opportunities and public services; Article 27 Promote people-centred sustainable development, including sustained economic growth, through the provision of basic education, life-long education, literacy and training, and primary health care for girls and women; Article 35 Ensure women s equal access to economic resources, including land, credit, science and technology, vocational training, information, communication and markets, as a means to further the advancement and empowerment of women and girls [ ]
8 Resolution 55/2. adopted by the General Assembly United Nations Millennium Declaration Finally, the United Nations Millennium Declaration as well as the affiliated Millennium Development Goals (MDGs), and in particular MDG3 on gender equality and Article 19 We resolve further: women s empowerment, are also regularly cited. Reference To ensure that [ ] boys and girls alike [ ] will have to these essential agreements further emphasizes the importance of gender equality in general and the economic equal access to all levels of education. Article 20 We also resolve: empowerment of women in particular. To promote gender equality and the empowerment of women as effective ways to combat poverty, hunger and disease and to stimulate development that is truly sustainable [ ] MDG1: Eradicate extreme poverty and hunger Target 1b: Achieve full and productive employment and decent work for all, including women and young people [ ] MDG3: Promote gender equality and empower women Target 3a: Eliminate gender disparity in primary and secondary education preferably by 2005, and at all levels by 2015 [ ] 3.2 Share of women in wage employment in the non-agricultural sector [ ]
9
2 African political and legal commitments to the economic empowerment of women 2.1 Continent-wide instruments to empower women 10 The aforementioned international stipulations may be considered a frame of reference, which should be viewed alongside the array of specific African agreements that have evolved over time. Whereas the African (Banjul) Charter on Human and Peoples Rights (1981) rather generally proscribes the discrimination of women 4, the supplementing Maputo Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa (2003) represents a tool targeting the particular rights and needs of the female population in various areas of life. Specifically referring to economic rights, the Maputo Protocol includes, among others, essential provisions such as the right to equal access to employment, equal remuneration and the recognition of the economic value of women s work in the home. 5 African (Banjul) Charter on Human and Peoples Rights (1981) Article 18 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. Maputo Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa (2003) Article 13 Economic and Social Welfare Rights States Parties shall adopt and enforce legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic opportunities. In this respect, they shall: (a) promote equality of access to employment; (b) promote the right to equal remuneration for jobs of equal value for women and men; (c) ensure transparency in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace; (d) guarantee women the freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognised and guaranteed by conventions, laws and regulations in force; (e) create conditions to promote and support the occupations and economic activities of women, in particular, within the informal sector; (f) establish a system of protection and social insurance for women working in the informal sector and sensitise them to adhere to it; (g) introduce a minimum age for work and prohibit the employment of children below that age, and prohibit, combat and punish all forms of exploitation of children, especially the girl-child; (h) take the necessary measures to recognise the economic value of the work of women in the home; (i) guarantee adequate and paid pre- and post-natal maternity leave in both the private and public sectors; (j) ensure the equal application of taxation laws to women and men; (k) recognise and enforce the right of salaried women to the same allowances and entitlements as those granted to salaried men for their spouses and children [ ] Article 21 Right to Inheritance 1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it. 2. Women and men shall have the right to inherit, in equitable shares, their parents properties. Representing the most inclusive organization on the continent, the African Union (AU) 6 has also included issues of gender equality and women s (economic) empowerment in numerous accords. Pledging to act in accordance with the principle of promoting gender equality in its Constitutive Act (2000), the AU reasserted this commitment in its Solemn Declaration on Gender Equality in Africa (2004).
Apart from vowing to expand the gender parity principle within the institutional framework of the AU and the RECs 7 and promising to ensure Education for All by guaranteeing girls education and women s literacy 8, the effort to implement legislation that guarantees land, property and inheritance rights to women 9 is presumably the most important provision in the declaration with regard to the economic empowerment of women. Constitutive Act of the African Union (2000) We, Heads of State and Government of the Member States of the Organization of African Unity (OAU) [ ] Have Agreed As Follows [ ] Article 4 Principles The Union shall function in accordance with the following principles [ ] (l) Promotion of gender equality [ ] Solemn Declaration on Gender Equality in Africa (2004) We, the Heads of State and Government of Member States of the African Union, meeting in the Third Ordinary Session of our Assembly in Addis Ababa, Ethiopia, from 6-8 July 2004: [ ] Hereby Agree To [ ] 5. Expand and Promote the gender parity principle that we have adopted regarding the Commission of the African Union to all the other organs of the African Union, including its NEPAD programme, to the Regional Economic Communities, and to the national and local levels in collaboration with political parties and the National parliaments in our countries [ ] 7. Actively promote the implementation of legislation to guarantee women s land, property and inheritance rights including their rights to housing; 8. Take specific measures to ensure the education of girls and literacy of women, especially in the rural areas, to achieve the goal of Education for All (EFA) [ ] 11. Accept to establish an African Trust Fund for Women for the purpose of building the capacity of African women and further request the African Union Commission to work out the modalities for the operationalisation of the Fund with special focus on women in both urban and rural areas [ ] 13. We request the chairperson of the African Union Commission to submit, for our consideration, an annual report, during our ordinary sessions, on measures taken to implement the principle of gender equality and gender mainstreaming, and all issues raised in this Declaration both at the national and regional levels. In February 2009, the African Union launched its Gender Policy. The Policy includes the Union s commitment to provide political leadership and support for the launching of the African Women s Decade (2010 2020) and hosting of the Decade s Secretariat to guide the implementation of the Decade s activities outlined in the road map and mobilize resources for the advancement of Gender equality. 10 Following the previous steps that had been taken by the members of the African Union to promote gender equality and women s empowerment, the newly introduced Gender Policy serves to [ ] establish a clear vision and make commitments to guide the process of gender mainstreaming and women empowerment to influence policies, procedures and practices which will accelerate achievement of gender equality, gender justice, non discrimination and fundamental human rights in Africa. 11 The policy targets the whole continent and intends to harmonise initiatives at various levels of policy formulation, including the REC level. Building on a range of explicit objectives, the gender policy prescribes eight policy commitments for achieving gender equality and women s empowerment. 12 From the beginning of the AU s engagement with gender issues, they have been dealt with in a special gender unit in the Office of the Chairperson of the Commission. This institutional design allocates [ ] the internal gender machinery of the AU in the highest political and administrative office of the Commission [ ]. 13 The recent AU gender policy now stipulates that the AU organs, the RECs as well as the member states, consider the establishment of a Gender Management System to serve as the institutional framework for the implementation of the policy. 14 4 African (Banjul) Charter on Human and Peoples Rights (1981), Article 18 (3) 5 African (Banjul) Charter on Human and Peoples Rights (1981), Article 13 6 Member states: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Cote d Ivoire, Democratic Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea-Bissau, Guinea, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe (see africa-union.org). 7 Solemn Declaration on Gender Equality in Africa (2004), Article 5 8 Solemn Declaration on Gender Equality in Africa (2004), Article 8 9 Solemn Declaration on Gender Equality in Africa (2004), Article 7 10 African Union Gender Policy (2009): Policy Commitments, p. 14 11 African Union Gender Policy (2009): Purpose of the Policy, p. 8 12 African Union Gender Policy (2009): Policy commitments, p. 13-19 13 African Union Gender Policy (2009): Historical Background to the Policy, p. 1 14 African Union Gender Policy (2009): Institutional Framework, p. 20 11
12 African Union Gender Policy (2009) The Context of the African Union Gender Policy Rationale for AU Gender Policy The actualisation of human dignity, development and prosperity for entire Africa people [sic] underpins the AU struggle for socioeconomic and political development anchored on a vision of an integrated prosperous and peaceful Africa [ ] Thus, the quest for gender equality and women s empowerment should be mainstreamed into all the institutional arrangements at policy and programming levels, for all AU organs, RECs and Member States to address the key issues of: 1. economic independence and equal access to resources 2. equal participation and access to economic opportunities in a globalizing world [ ] 5. equal access to education, livelihood and decent work opportunities [ ] 7. equal access to ICT infrastructure and applications, global alliance for IT development and building a sustainable e-future [ ] Analysing the situation across the Continent indicates the existence of disparities between men and women in numerous development domains and important sectors, namely decision-making, policies and distribution of power, economy, trade, agriculture, rural economy, domestic energy, health and peace negotiations. At the same time, it is more and more evident that Africa s capacity to attain sustained economic growth and reduce the endemic levels of poverty obliges us to consecrate all efforts to women and girls [ ] AU Gender Policy Commitments Commitment 7: Implement gender mainstreaming in all sectors [ ] To promoting a multi-sectoral approach in gender mainstreaming within all AU Organs, RECs and Members States as well as all AU sectors, The commitment that the Organs of the AU, RECs and Members States will implement this commitment across sectors and that the AU Commission will mainstream gender in: 1. Chairperson s Bureau and Directorates under the portfolio 2. Deputy Chairperson s Bureau and Directorates under the portfolio 3. Peace and Security 4. Political Affairs 5. Social affairs 6. Human Resources, Science and Technology 7. Economic Affairs 8. Trade and Industry 9. Infrastructure and Energy 10. Rural economy, Agriculture and food safety/environment.
2.2 Sub-regional approaches to enhance women s empowerment While international and African regional provisions on gender equality and women s empowerment cover a broad range of different aspects of females lives, the provisions of the various RECs on the continent are most focused on women s economic empowerment. As a whole, the various sub-regional instruments contribute to a comprehensive coverage of the African continent as demonstrated by the following compilation. For the Eastern, Southern and Western regions, excerpts of legal texts agreed upon by the various RECs, the Common Market for Eastern and Southern Africa (COMESA), the Intergovernmental Authority on Development (IGAD), the Southern African Development Community (SADC) and the Economic Community of West African States (ECOWAS), are provided. The Northern African region is covered by the Euro-Mediterranean Partnership (EUROMED), as illustrated by the respective legal sources. Textual evidence for equivalent commitments in the Central African region could not be retrieved. 2.2.1 Eastern Africa: Common Market for Eastern and Southern Africa (COMESA) 15 and Intergovernmental Authority on Development (IGAD) 16 When the Common Market for Eastern and Southern Africa (COMESA) was founded in 1994 the contracting member states dedicated a full chapter of the constitutive COMESA Treaty to women in development and business. In this treaty, the importance of women s contribution to development is underlined in Article 154. Moreover, in Article 155 member states commit themselves to supporting the role of women in business by, among others, creating an enabling environment for their participation in common market activities. COMESA Treaty (1994) Chapter Twenty-Four Women in Development and Business Article 154 Role of Women in Development The Member States agree that women make significant contribution towards the process of socioeconomic transformation and sustainable growth and that it is impossible to implement effective programmes for rural transformation and improvements in the informal sector without the full participation of women. To this end, the Member States shall through appropriate legislative and other measures: (a) promote the effective integration and participation of women at all levels of development especially at the decision-making levels; (b) eliminate regulations and customs that are discriminatory against women and specifically regulations and customs which prevent women from owning land and other assets; (c) promote effective education awareness programmes aimed at changing negative attitudes towards women; (d) create or adopt technologies which will ensure the stability of employment and professional progress for women workers; and (e) encourage and strengthen institutions which are engaged in the promotion and development of labour-saving devices aimed at improving the productive capacity of women. Article 155 Role of Women in Business 1. Having recognised the importance of women as a vital economic link within the chain of agriculture, industry and trade, the Member States agree to: (a) increase the awareness of Women in Business issues at the policy level; (b) create an enabling environment for the effective participation of women in Common Market trade and development activities; (c) promote special programmes for women in small and mediumsize enterprises; (d) eliminate such laws and regulations that hinder women s access to credit; (e) initiate changes in educational and training strategies to enable women to improve their technical and industrial employment levels through the acquisition of transferable skills offered by various forms of vocational and on-the-job training schemes; and (f) recognise and support the Federation of National Associations of Women in Business established to promote the effective participation of women in the Common Market trade and development activities [ ] 13 15 Member states: Burudi, Comoros, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia, Zimbabwe (see www.comesa.int) 16 Member states: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan, Uganda (see www.igad.org)
14 Despite these commitments, the member states of the COMESA recognized the persistence of gender gaps and accordingly launched the COMESA Gender Policy (2002) accompanied by the Addis Ababa Declaration on the COMESA Gender Policy (2002). The gender policy identifies areas, where disparities continue to exist. It also argues that these inequalities, apart from hindering the full development of the region, contradict [ ] internationally accepted standards for promoting democratic governance, gender equality and human rights [ ]. 17 Hence, the policy statement defines its overall goal and comprehensively lists the COMESA commitments. Furthermore, it develops specific policy objectives, strategies and measures for key sectors as well as institutional provisions to implement the gender policy. It explicitly exceeds the aim of gender equity by stipulating affirmative action to overcome persisting inequalities. Addis Ababa Declaration on the COMESA Gender Policy (2002) We, the Heads of State and Government of the COMESA region meeting at our 7th Summit in Addis Ababa, Ethiopia from 23rd to 24th May 2002 [ ] endorse the decision of the Council of Ministers on: Establishment of a technical committee on gender in line with the COMESA Treaty to facilitate the operationalisation of the Gender Policy [ ] The supplemental declaration reaffirms the member states dedication to gender issues by reiterating the policy commitments of the COMESA Gender Policy. The Heads of State and Government furthermore endorsed the COMESA Council of Ministers decision to establish a technical committee on gender to implement the policy, institutionally complementing the Gender and Social Affairs Division of the COMESA Secretariat, which serves to foster the implementation of the Gender Policy. COMESA Gender Policy (2002) Policy Statement The overall goal of the COMESA Gender Policy is to foster gender equality and equity at all levels of regional integration and cooperation in order to achieve sustainable socio-economic development in the region. The policy also commits the governments of the region to fulfilling their gender obligations under the various international and regional instruments and institutions like CEDAW, Social Summit for Sustainable Development, the African and Beijing Platforms for Action, the SADC Gender Declaration, the Millennium Goals and the new commitments under NEPAD. In order to achieve the above policy statement, COMESA is committed to: (a) mainstreaming gender perspectives in the conceptualisation, formulation of all policies, planning, programming, implementation, monitoring and evaluation of all programmes and activities; (b) promoting the full, effective, equal and meaningful participation and benefit of women and men in all areas of regional integration and cooperation with emphasis on trade and investment; (c) ensuring that policies, programmes and activities aimed at eradicating poverty are gender responsive; (d) ensuring that regional interventions encourage and support changes in attitudes, structures and mechanisms in order to eliminate gender biases; (e) eliminating gender inequalities and ensure [sic] women s economic empowerment and equal access to and control of resources and opportunities [ ] (l) ensuring the generation, collection, analysis and use of sex disaggregated data and information at all levels; (m) ensuring the equal representation of women and men in the decision-making of member states, COMESA structures and its institutions at all levels; (n) addressing the cross-cutting socio-economic issues such as: HIV/AIDS, human rights, environment, drug abuse, peace and security within all policies, plans, strategies and programmes of COMESA from a gender perspective [ ] (r) promoting partnerships with the Private Sector, Civil Society, international and regional institutions and other Stakeholders for effective implementation of the Gender Policy. 17 COMESA Gender Policy (2002): Rationale for the COMESA Gender Policy
With reference to the Intergovernmental Authority on Development, its member states in their IGAD Strategy (2003) committed themselves to the principles of gender sensitivity and equity. 18 Furthermore, promoting women s participation in IGAD programmes and mainstreaming gender in the economic sector were envisioned within the strategy. 18 IGAD Strategy (2003): Principles and values, p. 6 IGAD Strategy (2003) 4.2 Key crosscutting themes 4.2.1 Gender mainstreaming The IGAD Women s Desk was established in 1999 with the aim of fostering gender mainstreaming and promoting women s participation in IGAD programmes [ ] Therefore, IGAD Women s Desk will collaborate and support the sectoral strategies and programmes as follows: [ ] In collaboration with the Economic Cooperation sector mainstreaming of gender concerns in the national budgets, macroeconomic and sectoral policies will be promoted to advocate for women s empowerment and access to markets. Close working relationships will be established and/or maintained with African Union, ECA, Regional Economic Communities, International Organisations, NGOs and CBOs in the implementation and monitoring of gender programmes [ ]. 15
2.2.2 Southern Africa: Southern African Development Community (SADC) 19 16 With the ratification of its founding treaty in 1992, the Southern African Development Community (SADC), which serves as an instrument of regional development, economic and political integration, came into existence. The SADC Treaty (1992) already proscribes the discrimination of people based on gender. Momentum on gender issues in general was perpetuated by the Council of Ministers who established a policy framework for mainstreaming gender in all SADC activities and institutionally incorporated gender aspects in the SADC framework. 20 In 1997, these steps were followed by the approval of the SADC Declaration on Gender and Development including distinct commitments of SADC members to foster women s economic empowerment. SADC Treaty (1992) Article 6 General Undertakings 2. SADC and Member States shall not discriminate against any person on grounds of gender [ ] SADC Declaration on Gender and Development (1997) We, the Heads of State or Government of the Southern African Development Community [ ] H. Commit ourselves and our respective countries to, inter alia, YY Placing gender firmly on the agenda of the SADC Programme of Action and Community Building Initiative; Y Y Ensuring the equal representation of women and men in the decision making of Member States and SADC structures at all levels, and the achievement of at least thirty percent target of women in political and decision making structures by year 2005; Y Y Promoting women s full access to, and control over productive resources such as land, livestock, markets, credit, modern technology, formal employment, and a good quality of life in order to reduce the level of poverty among women; Y Y Repealing and reforming all laws, amending constitutions and changing social practices which still subject women to discrimination, and enacting empowering gender sensitive laws; Y Y Enhancing access to quality education by women and men, and removing gender stereotyping in the curriculum, career choices and professions [ ] SADC Protocol on Gender and Development (2008) Article 15 Economic Policies and Decision Making 1. States Parties shall, by 2015, ensure equal participation, of women and men, in policy formulation and implementation of economic policies. 2. States Parties shall ensure gender sensitive and responsive budgeting at the micro and macro levels, including tracking, monitoring and evaluation. Article 16 Multiple Roles of Women States Parties shall conduct time use studies by 2015 and adopt policy measures to ease the burden of the multiple roles played by women. Article 17 Economic Empowerment 1. States Parties shall, by 2015, adopt policies and enact laws which ensure equal access, benefit and opportunities for women and men in trade and entrepreneurship, taking into account the contribution of women in the formal and informal sectors. 2. States Parties shall, by 2015, review their national trade and entrepreneurship policies, to make them gender responsive. 3. States Parties shall, by 2015, and with regard to the affirmative action provisions in Article 5, introduce measures to ensure that women benefit equally from economic opportunities, including those created through public procurement processes. Article 18 Access to Property and Resources States Parties shall, by 2015, review all policies and laws that determine access to, control of, and benefit from productive resources by women in order to: (a) end all discrimination against women and girls with regard to water rights and property such as land and tenure thereof; (b) ensure that women have equal access and rights to credit, capital, mortgages, security and training as men; and (c) ensure that women and men have access to modern, appropriate and affordable technology and support services. SADC Protocol on Gender and Development (2008) Article 19 Equal Access to Employment and Benefits 1. States Parties shall, by 2015, review, amend and enact laws and policies that ensure women and men have equal access to wage employment in all sectors of the economy. 2. States Parties shall review, adopt and implement legislative, administrative and other appropriate measures to ensure: (a) equal pay for equal work and equal remuneration for jobs of equal value for women and men; (b) the eradication of occupational segregation and all forms of employment discrimination; Very recently, SADC member states adopted the SADC Protocol on Gender and Development (2008), a legally binding instrument that explicitly targets, among others, the economic empowerment of women. 19 Member states: Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar (suspended), Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia, Zimbabwe (see www.sadc.int). 20 SADC Declaration on Gender and Development (1997)
2.2.3 Western Africa: Economic Community of West African States (ECOWAS) 21 The Economic Community of West African States (ECOWAS), is a regional community that was initially created to focus on regional economic integration and harmonization. Since the 90s, ECOWAS has increasingly focused on conflict-prevention/intervention and mediation. Like the regional integration arrangements mentioned above, ECOWAS constitutive treaty also refers to women in development. Article 63 of the ECOWAS Treaty (revised version 1993) is dedicated to women and development and includes, among others, provisions that aim at ameliorating women s economic situation. In addition, gender mainstreaming is part of the ECOWAS Vision 2020 and forms part of ECOWAS Strategic Plan 2007 2010. ECOWAS Treaty (Revised 1993) Article 63 Women and Development 1. Member States undertake to formulate, harmonise, coordinate and establish appropriate policies and mechanisms, for enhancement of the economic, social and cultural conditions of women. 2. To this end, Member States shall take all measures necessary to: (a) identify and assess all constraints that inhibit women from maximising their contribution to regional development efforts; and (b) provide a framework within which the constraints will be addressed and for the incorporate of women s concerns and needs into the normal operations of the society [ ] After having established an institutional gender framework in 2005 22, ECOWAS heads of states and governments adopted the ECOWAS Gender Policy. It aims at fostering gender equality and gender mainstreaming in the region. One of the priorities of the policy is Accelerating economic development and more equitable participation in and benefit from economic activity 23, thus directly targeting the economic empowerment of women. The ECOWAS Gender Development Center is responsible for the implementation of the gender policy at local and regional level and also focuses on capacity development. The center has its own action plan, which guides its implementation of the ECOWAS Gender Policy. One of the priority areas is the economic empowerment of women. ECOWAS Gender Policy (2005) Commitment 5: Economic Development Issues A commitment to accelerating economic development and more equitable participation in and benefit from economic activity within the sub-region This includes: Y Y Providing an economic environment that promotes more equitable access to income, resources and social services and which accelerates poverty reduction programmes YDeveloping Y frameworks for mainstreaming gender in existing national economic policies, national accounts, budgetary processes and integrating women s unpaid work into national accounts Y Y Enabling women to have access to economic ventures and publicly provided services, from which they are excluded because of their multiple roles and/or the inexistence of such services Y Y Supporting to get organised, to gain bargaining power to collectively engage in innovative entrepreneurship programmes, especially in industry and manufacturing Y Y Strengthening women s capacities to enter into professional managerial occupations in public and private sectors and to participate in the formulation of economic policies Y Y Forging and sustaining partnerships with the private sector, financial and other institutions to support women in setting up women s banking systems, using existing local and other savings models such as the SUSU in Ghana and Nigeria the Grameen Banking system a good practice in Asia Y Y Supporting innovative social and economic ventures such as cultural exchanges, dress and fashion design, tourism, health care and nutrition, energy and conservation Y Y Documenting and publishing good practices of female entrepreneurs in the sub-region through trade fairs, internet and websites, publications, conferences and seminars, exchange of experiences, enrichment programmes, inter-generational dialogues, internships and women s testimonies YEstablishing Y sub-regional business information centres, and funding opportunities for women s business ventures (Africa Women s Development Fund AWDF is a good example). AWDF is able to mobilize appropriate funding for women s ventures in the sub-region. 21 Member states: Benin, Burkina Faso, Cape Verde, Cote d Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo (see www.ecowas.int). 22 The 26th session of the ECOWAS Authority of Head of States and Government, held in Dakar in January, 2003 authorized the establishment of a gender, child and youth division in the ECOWAS Secretariat (since 2007: ECOWAS Commission), the establishment of a Gender Commission and the transformation of Western African Women s Association (WAWA) into the ECOWAS Gender and Development Center.The meeting of the Council of Ministers held in July 2004 strengthened the gender program by adopting the gender policy document, the administrative structure of the ECOWAS Gender Development Center, the strategic plan framework and the guidelines on the structures and mechanism of gender management system (GMS) for ECOWAS. 23 ECOWAS Gender Policy (2005): Gender Policy Priority Areas, p. xvi. 17
2.2.4 Northern Africa: Euro-Mediterranean Partnership The Istanbul Process 24 18 The Euro-Mediterranean Partnership (EUROMED), which gained new momentum in 2008 when it became the Union for the Mediterranean, represents a cooperative framework between the European Union and an array of states bordering the Mediterranean Sea. The partnership also assembles North African countries which are engaged in the Istanbul process manifested in the Istanbul Ministerial Conclusions on Strengthening the Role of Women in Society (2006). The economic dimension of gender equality forms an integral part of the document and includes such essential commitments as the enhancement of women s representation in economic decision-making structures and the promotion of female entrepreneurs through the guarantee of access to necessary productive resources. 24 African participants of the Euro-Mediterranean Partnership: Algeria, Egypt, Lybia, Mauritania, Morocco, Tunesia (see www.ec.europa.eu/external_relations/euromed). (Istanbul) Ministerial Conclusions on Strengthening the Role of Women in Society (2006) The Euro-Mediterranean Ministers agreed upon the following Framework of Action: Women s social and economic rights and sustainable development 11. To work towards achieving an increase and improvement in women s employment, stronger social inclusion, a reduction of disparities between rural and urban women and a better knowledge of women s contribution to the overall economy, the Euro-Mediterranean partners will undertake measures that: (a) Create equal opportunities and remove obstacles for women to work or to be recruited/employed or to stay employed [ ] (d) Promote family friendly policies, aiming at reconciliation between professional and family life, in particular affordable care services for children, elderly and other dependents and ensure a professional environment that is suited to women in terms of transport and safety and non-discrimination at the workplace. (e) Promote and strengthen national capacities to regularly collect and analyze gender disaggregated data, including on the informal sector and on the impact of macro-economic reforms on women and men. (f) Strengthen knowledge of the impact of macro-economic policies on women s and men s employment and develop research focused on gender to enable the elaboration of efficient strategies aiming at strengthening the role of women in the economy. (g) Pursue the establishment of gender responsive budget initiatives and ensure more effective anti-poverty strategies at both national and local levels. (h) Promote women s representation and participation in economic decision-making positions, in particular in employers association, workers unions and other socio-economic structures. (i) Promote women s entrepreneurship by improving inter-alia [sic] women s access to land, finance, markets, information, training and networking and encourage financial institutions to tailor products to women s needs, in particular by providing microcredit. (j) Ensure empowerment of women including through greater access to education at all levels and to vocational and technical training. In this regard: Y Y With the objective of halving female illiteracy by 2010, launch literacy campaigns targeting especially rural and poor women and provide more incentives to encourage women to demand literacy; Y Y Put in place incentives for families, especially in rural and poor areas, for sending girls to school; Y Y Promote specific vocational and technical training courses for women in diversified job sectors; Y Y Ensure an increased number of women trainers (including at decision-making levels) and take into account the full enjoyment of all human rights by women in the training of trainers; Y Y Promote post-training support through appropriate linkages between relevant partners such as training institutions and governmental employment agencies and, in case of self employed women, microfinance institutions and business support services; Y Y Promote modules to improve economic and financial management skills for women entrepreneurs, women s cooperatives, grass-roots associations, etc. [ ]
19
3 Appendix 20 3.1 Status of ratification of the International Covenant on Civil and Political Rights The following 50 African states have ratified the International Covenant on Civil and Political Rights as of 8 December 2009: 25 Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Congo, Côte d Ivoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, Tanzania, Zambia, Zimbabwe 3.2 Status of ratification of the International Covenant on Economic, Social and Cultural Rights The following 48 African states have ratified the International Covenant on Economic, Social and Cultural Rights as of 11 Decwember 2009: 26 Algeria, Angola, Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Congo, Côte d Ivoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Namibia, Niger, Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Togo, Tunisia, Uganda, Tanzania, Zambia, Zimbabwe 25 United Nations (2009): United Nations Treaty Collection. Status of Treaties. International Covenant on Civil and Political Rights. Retrieved: htttp://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_ no=iv-4&chapter=4&lang=en (8 December 2009). 26 United Nations (2009): United Nations Treaty Collection. Status of Treaties. International Covenant on Economic, Social and Cultural Rights. Retrieved: htttp://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_ no=iv-3&chapter=4&lang=en (11 December 2009).
3.3 Status of ratification of the Convention on the Elimination of All Forms of Discrimination against Women The following 51 African states have ratified CEDAW as of 7 December 2009: 27 Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d Ivoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Swaziland, Togo, Tunisia, Uganda, Tanzania, Zambia, Zimbabwe 3.4 Attendance at the Fourth World Conference on Women in Beijing 1994 28 The following 52 African states participated in the Fourth World Conference on Women: 29 Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, Tanzania, Zaire, Zambia, Zimbabwe 21 27 United Nations (2009): United Nations Treaty Collection. Status of Treaties. Convention on the Elimination of All Forms of Discrimination against Women. Retrieved: htttp://treaties.un.org/pages/viewdetails. aspx?src=treaty&mtdsg_no=iv-8&chapter=4&lang=en (7 December 2009). 28 The Beijing Declaration and Beijing Platform for Action were adopted by consensus: however both were subject to reservations and interpretation by various states. For further information see www.un.org/womenwatch/daw/beijing/ pdf/beijing%20full%20report%20e.pdf 29 United Nations (1996): Report of the Fourth World Conference on Women. Retrieved: www.un.org/womenwatch/daw/beijing/pdf/beijing%20full%20 report%20e.pdf (16 December 2009).
22 3.5 Status of ratification of the African (Banjul) Charter on Human and People s Rights The following African states have ratified the Banjul Charter as of 28 January 2009: 30 Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Cape Verde, Chad, Côte d Ivoire, Comoros, Congo, Djibouti, Democratic Republic of the Congo, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea-Bissau, Guinea, Kenya, Libya, Lesotho, Liberia, Madagascar, Mali, Malawi, Mozambique, Mauritania, Mauritius, Namibia, Nigeria, Niger, Rwanda, South Africa, Sahrawi Arab Democratic Republic, Senegal, Seychelles, Sierra Leone, Somalia, Sao Tome and Principe, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe 3.6 Status of ratification of the Maputo Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa The following African states have ratified the Maputo Protocol as of 12 February 2009: 31 Angola, Benin, Burkina Faso, Cape Verde, Comoros, Democratic Republic of Congo, Djibouti, Gambia, Ghana, Guinea-Bissau, Libya, Lesotho, Liberia, Mali, Malawi, Mozambique, Mauritania, Namibia, Nigeria, Rwanda, South Africa, Senegal, Seychelles, Tanzania, Togo, Zambia, Zimbabwe 30 African Union (2009): List of Countries which have signed, ratified/acceded to the African Union Convention on African Charter on Human and People s Rights. Retrieved: www.africa-union.org/root/au/documents/treaties/list/ African%20Charter%20on%20Human%20and%20Peoples%20Rights. pdf (16 December 2009). 31 African Union (2009): List of Countries which have signed, ratified/acceded to the African Union Convention on Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa. Retrieved: www.africa-union.org/root/au/documents/treaties/list/protocol%20 on%20the%20rights%20of%20women.pdf (16 December 2009).
23
References Electronic resources 24 Documents The Addis Ababa Declaration on the COMESA Gender Policy (2002) download The African (Banjul) Charter on Human and People s Rights (1981) download The African Union Gender Policy (2009) download The Beijing Declaration and Platform for Action (1995) download The Constitutive Act of the African Union (2000) download The Convention on the Elimination of All Forms of Discrimination against Women (1979) download The ECOWAS Treaty (revised 1993) download United Nations Millennium Declaration (2000): General Assembly resolution 55/2 of 8 September 2000 download The G8 Summit Declaration (2007): Growth and responsibility in Africa download The IGAD Strategy (2003) download The International Covenant on Civil and Political Rights (1966) download The (Istanbul) Ministerial Conclusions on Strengthening the Role of Women in Society (2006) download The Maputo Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa (2003) download The SADC Declaration on Gender and Development (1997) download The SADC Protocol on Gender and Development (2008) download The Solemn Declaration on Gender Equality in Africa (2004) download The United Nations Report of the Fourth World Conference on Women download The Universal Declaration on Human Rights (1948) download Women s Economic Empowerment as Smart Economics: A Dialogue on Policy Options. Call for Action (2007) download Useful internet resources African Union (AU): www.africa-union.org Common Market for Eastern and Southern Africa (COMESA): www.comesa.int Economic Community of West African States (ECOWAS): www.ecowas.int Euro-Mediterranean Partnership (EUROMED): www.ec.europa.eu/external_relations/euromed www.euromedgenderequality.org Intergovernmental Authority on Development (IGAD): www.igad.org Southern African Development Community (SADC): www.sadc.int United Nations: United Nations Treaty Collection: http://treaties.un.org/home.aspx Literature The ECOWAS Gender Policy (2005) The COMESA Gender Policy (2002) The COMESA Treaty (1994) The International Covenant on Economic, Social and Cultural Rights (1966) The SADC Treaty (1992)
Abbreviations 26 AU African Union CEDAW COMESA ECOWAS EFA EGDC EUROMED IGAD MDGs NEPAD OAU RECs SADC SDGEA Convention on the Elimination of All Forms of Discrimination against Women Common Market for Eastern and Southern Africa Economic Community of West African States Education For All ECOWAS Gender Development Centre Euro-Mediterranean Partnership Intergovernmental Authority on Development Millennium Development Goals New Partnership for Africa s Development Organization of African Unity Regional Economic Communities Southern African Development Community Solemn Declaration on Gender Equality in Africa
Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Dag-Hammarskjöld-Weg 1-5 65760 Eschborn Germany T +49 61 96 79-0 F +49 61 96 79-11 15 E info@giz.de I www.giz.de