AFRICAN UNION ADOPTS PROTOCOL ON THE RIGHTS OF AFRICAN WOMEN
Statement By Equality Now
On 11 July 2003, the African Union adopted the Protocol on the Rights of Women in Africa, a supplementary protocol to the African Charter on Human and Peoples' Rights, which was adopted in 1981. Advancing the human rights of African women through creative, substantive and detailed language, the new Protocol covers a broad range of human rights issues. For the first time in international law, it 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. In another first, the Protocol explicitly calls for the legal prohibition of female genital mutilation.
In other equality advances for women, the Protocol calls for an end to all forms of violence against women including unwanted or forced sex, whether it takes place in private or in public, and a recognition of protection from sexual and verbal violence as inherent in the right to dignity. It endorses affirmative action to promote the equal participation of women, including the equal representation of women in elected office, and calls for the equal representation of women in the judiciary and law enforcement agencies as an integral part of equal protection and benefit of the law. Articulating a right to peace, the Protocol also recognizes the right of women to participate in the promotion and maintenance of peace.
The broad range of economic and social welfare rights for women set forth in the Protocol includes the right to equal pay for equal work and the right to adequate and paid maternity leave in both private and public sectors. It also calls on states to take effective measures to prevent the exploitation and abuse of women in advertising and pornography. The rights of particularly vulnerable groups of women, including widows, elderly women, disabled women and "women in distress," which includes poor women, women from marginalized population groups, and pregnant or nursing women in detention, are specifically recognized.
Equality Now, an international human rights organisation, convened a meeting in January 2003 of African women's rights activists to facilitate a collective review of the draft and coordinated advocacy for the adoption of a text that would truly advance the rights of African women in international law. Subsequent concerted lobbying of African governments by non-governmental organisations (NGOs) and networks all over Africa on a consensus text resulted in significant gains to the original draft. The Africa Office of Equality Now, based in Nairobi, acted as a liaison with the African Union to push for expert discussion of the Protocol as well as strong NGO representation in the process.
The final Protocol is indicative of the achievements that can be made when governments and civil society use their collective resources to advance the cause of human rights. "The adoption of this Protocol marks a significant step forward in promoting the rights of women within Africa and we hope lays the groundwork for further gains for all women around the world," said Faiza Jama Mohamed, Equality Now's Africa Regional Director.
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