WUNRN
OMCT - http://www.omct.org
World
Organisation Against Torture
31 July 2008
African
Women’s Day
Violence Against Women in
From Discrimination to Impunity
A call for
ratification and implementation of the Maputo Protocol
Antananarivo-Brazzaville-Bujumbura-Geneva-Khartoum-Kinshasa-London-Lusaka-Nairobi-N’jamena,
The signatory organisations call on African States to
ratify the Protocol to the African Charter on Human and Peoples’ Rights on
women’s rights (the “Maputo Protocol”), harmonise national laws with
international standards and take all necessary measures to fight against
violence against women by tackling the general context of discrimination which
encourages such violations and which perpetuates the marginalisation of women,
particularly as regards their access to justice.
In this context, the signatory organisations want to
draw the African States’ attention to the need to tackle the general environment of discrimination, which
leads to such violence against women, generally of a sexual nature,
perpetrated by the State but also within the community or in the private
sphere. This general discriminatory environment, which affects women from a
very young age, is reflected in positive and national customary law rules that
must be brought into compliance with international law and national
constitutions. These rules legitimate and perpetuate the subordination of women
in all areas. State obligations in this field include the adoption of specific
measures to increase public awareness of this issue, training of state
officials, as well as positive measures concerning access for girls to
education and for women to employment and to positions of responsibility and
decision making. States must guarantee women’s legal capacity, which is needed
to empower them. Women’s empowerment also entails unhindered access to
reproductive and sexual health services and protection of girls from forced
marriage and other harmful practices.
Further, we should note that, in addition to being a
vehicle for violence, this general context of discrimination against women also
has a direct effect on women’s’ access to justice and their right to an
effective remedy. Thus, in many African
States, there is still impunity for cases
of violence against women, not because there is no legal framework, but
because of the lack of political will to implement the law. This reality
is highlighted by the all too many cases of women who, due to pressure or even
threats by family or law enforcement agents, withdraw proceedings against their
aggressors. In the same way, the
financial dependence of a woman on her husband constitutes an insurmountable
hurdle to her starting legal proceedings against him for domestic
violence. States must, therefore, put an
end to this culture of impunity which serves only to re-victimise female
victims of violence, a situation made only worse by armed conflict in certain
African countries.
Contact:
OMCT – Mariana Duarte, md@omct.org / Orlane Varesano, ov@omct.org.
ACAT-Burundi – Lucie Nizigama, nizigama_lu@yahoo.com
ADHUC (Congo-Brazzaville) – Moké Loamba, adhuc_congo@yahoo.fr
ASADHO (DRCongo) – Amigo Ngonde, amtshatsho@yahoo.fr
Marie Mossi Mota, motadok@hotmail.com
CIRID (
CODHO (DRCongo) – NS’ii Luanda, nsiiluanda_codho@yahoo.fr
COVAW (
LIZADEEL (DRCongo) – Madeleine Madilu, lizadeel2@hotmail.com
LTDH (
SOAT (Sudan/UK) – Hannah Logan, hannah@soatsudan.org
SVND (Madagascar) – Mathilde Rabary, rabary@moov.mg
WILDAF-Zambia – Muziula Kamanga, muziula8@yahoo.com
Recent reports by OMCT and its African counterparts on the status of
women and violence against women in
English executive summary: http://www.omct.org/pdf/VAW/2008/CEDAW40th_Rep_alt_Burundi_eng_summary.pdf
Madagascar: http://www.omct.org/pdf/UNTB/2007/unhrc_89th/rapport_alt_madagascar_89th_hrc_07_fr.pdf
DRCongo: http://www.omct.org/pdf/VAW/2006/CEDAW_36th/CEDAW36_DRC_en.pdf
Tunisia: http://www.omct.org/pdf/UNTB/2008/report_tunisie_2008_12_unifie_2.pdf
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