WUNRN
MAPUTO PROTOCOL - PROTOCOL TO THE
AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA
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http://www.fidh.org/women-s-rights-in-africa-interview-with-soyata-maiga-special-rapporteur-of-13645
WOMEN'S RIGHTS IN AFRICA: INTERVIEW
WITH THE SPECIAL RAPPORTEUR OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
11 July 2013 - On the occasion of the 10th
anniversary of the adoption of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa, Sheila Muwanga Nabachwa, FIDH
Vice President, interviews Soyata Maiga, Special Rapporteur of the African
Commission on Human and Peoples’ Rights (ACHPR) on the Rights of Women in
Africa on the achievements and remaining difficulties.
Sheila Muwanga
Nabachwa : Madam Commissionner, we celebrate today the 10th anniversary of
the
Soyata Maiga : As a militant activist for the
promotion of women’s rights, I have been associated in all phases of the
protocol development process from its draft to its adoption in July 2003 in
In terms of standards, the protocol is an exemplary and inexhaustible source of
inspiration for African legislators. Its full ratification and implementation
provides a real tool of lasting change in our societies, by government
officials and other actors engaged in governance, democracy and development to
employ these standards and respect the obligations.
Sheila Muwanga
Nabachwa : 36 out of the 54 members states of the African
Soyata Maiga : For
continental ratification, we must strengthen current activities at every level:
by advocating for the ratification by States who are dragging their feet,
providing information to members of Parliament, sending letters, visiting
countries, and supporting campaigns organised by women’s rights NGOs. At the
African Union level, there is a need to consistently include on the agenda of
every
Sheila Muwanga
Nabachwa : Despite the increased number of ratifications of the Protocol
and the growing number of initiatives for the dissemination of its provisions,
many women are still facing various forms of discrimination and violence. In
your opinion, what are the main factors of this lack of implementation?
Soyata Maiga :
The main factors? There are many factors that have challenged the
implementation of the Protocol, such as the high rates of women living in
poverty, illiteracy amongst women, lack of awareness of their rights,
persistent socio-cultural and religious burdens that legitimise certain forms
of violence, discrimination and marginalisation of women and girls in their
families and communities, as well as in the public sphere. In addition it
should be noted that other factors include non respect of national laws by
government officials, widespread corruption that encourages impunity,
dysfunctions within the judiciary, and the absence of, and/or inefficiency of
legal and judicial assistance. Many factors keep women, especially women from
poor backgrounds, in the vicious circle of violence and insecurity.
Sheila Muwanga
Nabachwa : Rape and other forms of sexual violence continue to affect
thousands of women, especially in situations of conflict and crisis. However,
Articles 11 and 8 of the Protocol are clear : in situations of conflict, States
must protect women from sexual crimes and ensure that perpetrators are brought
to justice. States are also committed to ensure women’s access to justice. The
Security Council of the United Nations has shown the need to strengthen efforts
to end impunity for these crimes by adopting Resolution 2106. Nevertheless,
thousands women continue to demand justice for these crimes, including in the
Democratic Republic of Congo, Ivory Coast, Mali and in Guinea-Conakry. How can
we achieve effective implementation of Articles 11 and 8 of the Protocol?
Soyata Maiga :
Women continue to be victims of all types of human rights violations –
political, economic, social and even cultural – in those States that are in
conflict and those that are emerging from conflict. Rapes and other cruel and
degrading treatment are numerous, and when it comes to make assessments, or
develop reconstruction and reconciliation programmes, women’s needs are usually
ignored because of insufficient and inadequate reforms.
International independent commissions of inquiry that carry investigations to
report on sexual violence, identify State and non-State actors involved, as
well as all victims, need to be established in order to develop synergies with
local and national NGOs, and other stakeholders, and to make relevant
recommendations on strong and urgent measures to be taken for effective
protection of victims’ rights.
International institutions and donors should support the establishment of pools
of lawyers through small legal aid fund so as to ensure the seizure of national
courts, regional and international bodies by victims. We must not forget that
at the national level, some difficulties may arise when it comes to bringing
certain categories of perpetrators (military, militia, rebels, etc.). It is
also imperative that funds for the compensation and reparation of victims are
an integral part of any reconstruction and rehabilitation programme, and that
specific budgetary resources are devoted.
Sheila Muwanga
Nabachwa : Women have played a major role in the revolutionary movements in
Soyata Maiga
: As in the South, women of
Sheila Muwanga
Nabachwa: What main challenges for the full realisation of women’s rights in
Soyata Maiga
: It will take some time before the effects of legislations on societies are
seen in