General
Source: All Africa
This is one in a series of articles analysing regional progress on gender equality and women's empowerment based on the SADC Gender Protocol. The process towards the review of the protocol has been initiated following a regional meeting held in South Africa, from 26-28 October.
The meeting's objective was to revise the protocol targets and align text with the Sustainable Development Goals (SDGs).
The meeting was part of a roadmap for review of the protocol adopted at the SADC Gender Ministers meeting held in Harare last May. The roadmap outlined the process that the review would take. Having been adopted by the SADC Council of Ministers ahead of the Head of State Summit held in Botswana in August, it remained that the protocol text be reviewed.
The process of reviewing the targets and aligning them with the SDGs was initiated through the commissioning of a consultant, Magdeline Madibela, former Head of the SADC Gender Unit, to work on and present a draft for consideration by representatives of Member States.
The main proposed changes to the SADC Protocol on Gender and Development are on targets which were pushed to 2030.
Some changes also include a review of text and a proposal for a new Article on Climate Change and Gender, a key emerging issue.
Most changes were made under the Constitutional and Legal Rights, perhaps because this is what informs all other guarantees.
In addition to the current text, the draft now exhorts State Parties, by 2030, to develop and strengthen specific laws, policies and programmes to achieve gender equality and equity.
This follows the earlier target to review constitutions and repeal all laws that are discriminatory.
The use of 'affirmative action' within the protocol has been attributed to reluctance by at least Mauritius to sign. The meeting proposed 'special measures' which may or may not include affirmative action.
Botswana, the other SADC country still to sign the protocol, allegedly had problems with the section on widows and widowers' rights where it felt that some of the provisions were unrealistic.
One of these was to ensure employment for all widows, which the country did not feel it could guarantee in terms of resources. It was also noted that the text did not tally with the title as focus was only relevant to women.
There have been concerns with the focus on the girl child with some quarters arguing that this marginalises the boy child.
Although the protocol does refer to the boy child in Article 11, it was proposed that this refer to both The Girl and Boy Child as it has been noted that boys also need protection. In view of current discourse on emerging issues, participants agreed to insert text under the same section that reads; "State Parties shall develop concrete measures to prevent and eliminate violence, harmful practices, early and forced child marriages, early pregnancies, genital mutilation and child labour as well as mitigate their impacts on girls' and boys' health, well-being, education, future opportunities and earnings by 2030."
On the Governance section, consensus was reached to qualify representation to: ". . . ensure equal and effective representation of women in decision-making positions in the political, public and private sectors including through the use of special measures as provided for in Article 5."
Additional points were that State Parties shall review the differential impact of electoral systems on the political representation of women in elected bodies where appropriate adjusting these by 2030.
The section on Education was reviewed to incorporate early child education in line with contemporary discourse.
On Employment, the main change was to cross-reference the text with that in the SADC Protocol on Employment and Labour.
Stress was placed on State Parties undertaking reforms to give women equal rights, and opportunity and to economic resources and control over productive resources, ownership and control over land and other forms of property, financial services, inheritance, and natural resources in accordance with national laws.
Additional language on equal access to employment and benefits is proposed as "State Parties shall by 2030 achieve full and productive employment, decent work including social protection and equal pay for work of equal value for all women and men".
The Gender-based violence section did not have many changes except strengthening of protection of girls through requesting State Partiers to ". . . develop strategies to prevent and eliminate all harmful practices, such as child, early and forced marriage, early pregnancies, and female genital mutilation".
There is also more protection through the text that seeks to ". . . ensure that perpetrators of gender based violence, including domestic violence, rape, femicide sexual harassment, female genital mutilation and all other forms of gender based violence, are tried by a court of competent jurisdiction".
Perhaps, a major change to the protocol is the addition of a whole article on Climate Change and Gender. "State Parties shall by 2030 develop policies, strategies, and programmes to address the gender issues in Climate Change in accordance with the SADC Protocol on Environment and Sustainable Development. State Parties shall conduct research to assess the differential gendered impact of climate change and put in place effective mitigation and adaptation measures", reads the proposal.
Contemporary language refers to trafficking in persons instead of human trafficking and this change was made.
Text on sexual and reproductive health in line with outcomes of the Beijing +20 review was also strengthened. New text therefore reads '. . . develop and implement policies and programmes to address the mental, sexual and reproductive health needs of women and men in accordance with the Programme of Action of the ICPD and the Beijing Platform for Action.'
Article 28 on peace and security is derived from the United Nations Security Council Resolution (UNSCR) 1325. The protocol speaks of ensuring women's participation in peace building and an addition was made to add the phrase peace keeping in line with the resolution language and the call for increased representation of women within peace keeping missions. Reference to social media was made as an avenue for ensuring increased awareness among citizens on gender equality. Discussions took note of potential for social media to be used to violate rights.
Part 10 on financial provisions has additional text which reads "States Parties shall ensure gender sensitive and gender responsive budgets and planning, including designating the necessary resources towards initiatives aimed at empowering women and girls. Gender responsiveness seeks to address concerns of financing patterns that fall short of accounting for women's specific needs".
Next steps include in-country review of the proposed text, assessment by the legal ministers within SADC and, if passed, presentation to the SADC Council of Ministers for consideration before submission for adoption by Heads of State.