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Home arrow Features arrow Gender & Governance arrow Equality Bill should translate into practical needs

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Equality Bill should translate into practical needs PDF Print E-mail
Written by Rosemary Okello & Juliana Omale   
The announcement by Assistant Minister for Foreign Affairs, Mirugi Kariuki that the Equality Bill shelved two years ago is to be published for debate in Parliament is timely in the context of the civil society campaign to ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women. When it was first introduced, the Bill was meant to give solutions for the elimination of inequalities in Kenya. Principally, it would address the wide margins between the rich and the poor and also between men and women.

Even though the timing of the re-introduction of the Equality Bill back to Parliament synchronises perfectly with the newly established Gender Commission in Kenya, it is still valid to argue that it is too little too late.

Two years later, so much water has passed under the bridge. Kenyan women have eloquently put their arguments forward for affirmative action to be enshrined in the new constitution. They also want the government to take care of every Kenyan's basic needs under the Bill of Rights in the new constitution and to ensure that no gender should form less that a third of any positions of leadership.

As a matter of priority, Kenyan women would like to hear from their leaders about when they can expect the enactment of the new constitution as well as details of the government's timetable for the ratification of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women.

The Protocol was adopted in Maputo, Mozambique by the Africa Union Head of States Summit in 2003 after eight years of negotiations. But in order for it to come to force it needs to be ratified by at least 15 countries. To date only four countries- Comoros, Libya, Namibia and Rwanda have ratified the protocol.

The Protocol provides a framework for comprehensive reform of national legislation that guarantees the rights of women. Already in the region African civil society organizations in 13 countries have launched a petition to African leaders as part of a continent-wide Internet and short text message (SMS) campaign to mobilize support for its ratification. They have so far collected 1154 signatures.

In Kenya the campaign is championed by Equality Now, Coalition on Violence against Women (COVAW) and regional organizations such as African Women's Development and Communication Network (FEMNET) and Oxfam.

In her book "Not yet a force for Freedom", Faiza Jama Mohammed of Equality Now looks into merits and demerits of the Protocol, and points out that the deficiency of laws in African countries protecting women's rights not only facilitates the perpetuation of human rights violations but also constitutes a significant impediment to the optimal participation of women in the development of their countries and the continent.

"The protocol explicitly mandates African governments to reaffirm their international commitments to the principle of gender equality and its implementation."





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