Cases of women losing out when they sue for domestic violence may soon be no more. Women now have a document that will be used to provide information in cases brought before domestic courts that explains how to bring up complaints of violation.
An exhaustive protocol guidebook that will safeguard the legal rights of women in African has been finally launched.
The Solidarity for African Women’s Rights Coalition (SOAWR) and Equality Now have jointly developed the book known as ‘A Guide on Using the Protocol on the Rights of Women in Africa for Legal Action’ that will act as the important constitute tool as well as a legal source for women’s and girls’ rights defenders in Africa.
Speaking at the official launch of the protocol guidebook at a hotel in Nairobi, Dr Elizabeth Muli, vice-chairperson of Commission for the Implementation of the Constitution (CIC) said the African Union in realising the importance of safeguarding the rights of African women, adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women on July 11, 2003.
Muli said through the collective efforts of the Solidarity for African Women’s Rights Coalition, which actively engaged the African Union and member states to ratify, the Protocol came into force on November 25, 2005, two years after its adoption making.
“I am proud to mention that the Republic of Kenya ratified the said Protocol on October 6, 2010, a demonstration of the Government’s commitment toward protecting the rights of women in Kenya.
On October 10-15, 2010, the Kenyan Government hosted the launch of the African Women’s Decade in Nairobi whose theme was ‘Grassroots Approach to Gender Equality and Women’s Empowerment’.
Celebrated progress
The launch also reviewed and celebrated progress made towards gender equality and women’s empowerment. It developed concrete actions to accelerate momentum in implementation and attainment of goals articulated in various declarations, protocols and conventions on gender equality and women’s empowerment adopted by the African Union including the Protocol on the Rights of Women in Africa.
Another milestone was the African Women’s Decade (2010-2020) that has three aims; one is to create awareness and mobilise continental support and political will in implementing the agreed international, regional and sub-regional decisions and gender commitments.
Second is to re-invigorate commitment to accelerate implementation on agreed global and regional commitments on the human rights perspective, focusing on priorities such as education, health, agriculture, women’s economic and political empowerment and gender based violence.
Third is to energise the African women’s movement with a focus on youth and grassroots women leaders.
Muli reminded delegates at the launch that the Government of Kenya in hosting the launch of the Decade committed itself to working towards promoting gender equality, commitments that are also guaranteed in the Constitution.
She reiterated that Kenya also supported a Human Rights Council resolution in October 2010 which established a working group on eliminating discrimination against women in law and practice.
The CIC vice-chairperson said within the resolution, the Human Rights Council called upon states to fulfil their obligations and commitments as well as to revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice.
“I am glad to report that this is already in line with the New Constitution of Kenya one of whose key national values and principles of governance includes ‘… human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised’,” Muli emphasised.
She further pointed out Article 27 provides for Equality and non-discrimination on various grounds and further requires the State to take legislative and other measures, including Affirmative Action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
Right time
Based on the commitments laid out by the Kenya Government through its ratification of the Protocol on the Rights of Women and its commitment to the African Women’s Decade, Muli believed the launch of the manual came at an opportune time when the country is commencing implementation of the Constitution that guarantee rights and freedoms for all Kenyans including those of women.
“The manual is an important tool for us as it provides step by step guidance on using the Protocol on the Rights of Women in national and regional courts. For us in Kenya, the Protocol is particularly important as the new Constitution provides that any treaty ratified by Kenya shall form part of the law of Kenya,” emphasised Muli.
She said the CIC has released the final draft of the ratifications of Treaties Bill that shall lay down the procedures for the domestication of international law giving effect to Article 2(5). This, therefore, enables women to use the Protocol on the Rights of Women in our national courts together with the Constitution to safeguard their individual rights and freedoms.
Litigation
The Manual guides human rights advocates and lawyers on how to use and or invoke provisions of the Protocol while litigating on behalf of women and provides an analysis of case law on women’s rights decided by other regional and international bodies which can be used to guide courts in the interpretation of the rights provided within the Protocol.
The manual also provides advocates with more general strategies for the popularisation and domestication of the Protocol to protect the rights of African women and girls and ensure they have complete access to justice.
Legal reforms
“I cannot emphasise enough the importance of this manual at a time when Kenya is going through legal reforms that will provide a suitable framework for the implementation of the Constitutions and in particular the Bill of Rights,” Muli reiterated.
She commended Equality Now and Solidarity for African Women’s Rights Coalition for the great initiative reiterating that it was going to be a great contribution in the protection of women’s rights in Kenya and Africa as a whole.
Speaking at the launch, Faiza Mohamed, Director of Equality Now said the Woman’s Rights Protocol is an important advancement made in the protection and promotion of rights of women in Africa. She said it will be used to provide information in cases brought before domestic courts as it also explains how to bring up complaints of violation.
“This manual aims to facilitate the exercise of the rights set out in the Women’s Rights Protocol by providing step by step guidance for using the document at both national and regional levels,” observed Mohammed.
Minimum marriage age
The manual is the first international law instrument to call for an end to all forms of violence against women, whether in private or in public, including sexual harassment that prohibits all forms of female genital mutilation. It protects women’s right to seek abortion under certain conditions, forced marriages and specifies 18 years as the minimum age for marriage among others.
The Protocol will, therefore, provide an analysis of certain violations of the Women’s Rights Protocol to assist practitioners in drafting complaints on such issues.
Mohammed pointed out that the Protocol also sets forth a broad range of economic and social rights which includes rights to equal pay for equal work and to adequate and paid maternity leave in both public and private sectors. It also endorses affirmative action to promote equal participation of women at all levels of decision making and calls for equal participation of women in law enforcement and the Judiciary.
Mohammed reiterated that the Women’s Rights Protocol further provides important protection for adolescent girls, as well as particularly vulnerable groups of women such as widows, the elderly, disabled and the poor as well as those from marginalised population groups. It also protects pregnant or nursing women who are in detention.
The manual summarises key cases on issues relevant to women’s rights decided by the African Commission and other relevant regional or international human rights mechanisms to give practitioners a sense of international and regional jurisprudence on women’s rights. It highlights more general strategies that can be employed for the domestication and popularisation of the Women’s Rights Protocol.
The manual has also been translated into Arabic, French and Portuguese to reach the relevant speakers in African continent.
This story was originally published in the Kenyan Woman Issue 20
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