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REPORT ON THE AUDIT OF THE SADC
DECLARATION ON GENDER AND
DEVELOPMENT ON WOMEN’S RIGHTS
PRESENTED AT THE CIVIL
SOCIETY FORUM, 14 AUGUST 2005,
GABORONE, BOTSWANA
FOCUS Clauses in the SADC Declaration
On Gender And Development
H(iv) Repealing and reforming all
laws, amending constitutions and
changing social practices which will
still subject women to
discrimination, and enacting
empowering gender sensitive laws
H(vii) Protecting and Promoting the
human rights of women and children
H(viii)Recognising, protecting and
promoting the reproductive rights
and sexual rights of women and the
girl child
Specific Provisions
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Amendments of Constitution
Repeal of Laws
Change social practice, custom and tradition
Enacting empowering gender sensitive laws
Enacting/amending marriage and family laws
Enacting laws on gender based violence
Protecting the right to life integrity and security
of the person-human rights of women
Amending penal laws with regards to
HIV/AIDS and enacting specific legislation on
HIV/AIDS
Specific Provisions (continues)
 Amending citizenship laws
 Amending, Repeal and Enacting inheritance
laws
 Providing gender friendly Courts/environment
and gender friendly police units
 Enabling legislation to accessing justice
 Amending/Enacting education laws taking into
account policies-legal literacy
 Enacting sexual offences laws and Domestic
Violence Acts
 Enacting gender sensitive electoral Laws
Amend Constitutions/Repeal Of Laws/
Enact Gender Empowering Laws
SADCGD-Clause H(iv) … to repeal and reform all laws, amend constitutions and
change social practices which still subject women to discrimination, and enact
empowering gender sensitive laws
African Protocol-Article 2.1-through constitutions and legislative measures will ensure
principle of equality between men and women and ensure application.-Legislative
measures to prohibit curb discriminating and harmful practices endangering well being
of women-Gender mainstreaming in their policy decisions, legislative and development
plans
BPFA-Strategic objective 1.2-Ensure equality and non-discrimination under the law
and in practice. Para. 230 (g) implement the convention by reviewing all national laws,
policies, practices and procedures to ensure they meet international human rights
standards. Para.232 being general covering different aspects
CEDAW- Article 2 … to abolish existing laws, regulations, customs and practices that
constitute discrimination against women. Article 2 (a) to embody the principle of the
equality of men and women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure through law and other
appropriate means, the practical realization of this principle.
MDG’s-Goal 3 Promote Gender equality and the empowerment of women
Change social practices,
customs and traditions
SDGD-H (vi)
African Protocol-2.1.(b) enact and effectively implement legislative
and regulatory measures, including those prohibiting and curbing all
forms of discrimination, particularly those harmful practices which
endanger the health and well-being of women
BPFA-Strategic objective I.2, Para 232 (d) Review national laws,
including customary laws and legal practices. Para 108 (b)
CEDAW-Article 5 (a)-…. to modify the social and cultural patterns
of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices
which are based on the idea of the inferiority or superiority of either
of the sexes on stereotyped roles for men and women
Enacting / amending Family /
Marriage laws
Covered extensively in the African Protocol Art 6
and CEDAW art 16. Rights. Protocol in Art 6States Parties shall ensure that women and men
enjoy rights and are regarded as equal partners in
marriage. Both instruments calls for protection in
marriage with regard to right to free and full
consent to enter into marriage, set marriageable
age for both at 18, equal proprietary rights during
and after marriage, right to acquire and administer
property in her own name, equal rights over
children and family planning
Protecting the right to life integrity and
security of the person-Human rights of
women Human Rights
African Protocol-Art 4 (1) Every woman shall be entitled to
respect for her life and the integrity and security of her
person. 8 (f) amend practices, Art 3. 1-4 right to dignity
inherent in a human being, Art 20 –rights of widows and
children. Art 23 rights for Women with Disabilities. Article 24
Special Protection of Women in Distress
BPFA-H. Strategic Objective 1.1-Promote and protect the
human rights of women through the full implementation of all
human rights instruments, especially CEDAW.
CEDAW-Article 3, Guarantees women the exercise and
enjoyment of fundamental human rights on the same basis
as men. Art 6 women trafficking and prostitution.
Enacting sexual offences laws and Domestic Violence Acts/
Reproductive rights/Amending penal laws with regards to HIVAIDS
and enacting specific legislation on HIV/AIDS/ Enacting laws on
gender based violence
SDGD-Hvi) Hviii), Hix)
African Protocol-Article 14.2 take appropriate measures to : (c)
protect the reproductive rights of women by authorizing medical
abortion in cases of sexual assault, rape, incest and where
continued pregnancy endangers the mental and physical health of
the mother or the life of the mother and foetus.
BPFA- strategic objective C3 , Para 108(b)
Review and amend laws and combat practices, as appropriate, that
may contribute to women’s susceptibility to HIV infection and other
sexually transmitted diseases, including enacting legislation against
those socio-cultural practices that contribute t it, and implement
legislation, policies, and practices to protect women, adolescents
and young girls form discrimination related to HIV/AIDS
CEDAW-Article 12-access to health care services, including family
planning services, rights in pregnancy,confinement and post natal
period, rights in child bearing
Amending citizenship laws
African Protocol-6(g) A woman shall
have the right to retain her nationality or to
acquire the nationality of her husband
CEDAW-Article 9 (1&2) States Parties
shall grant women equal rights with men to
acquire, change or retain their nationality.
States Parties shall grant women equal
rights with men with respect to the
nationality of their children
Amending, Repeal and Enacting
inheritance laws
African protocol-Article 21 (1) States
Parties shall ensure that a widow
shall have the right to an equitable
share in the inheritance of the
property of her husband. A widow
shall have the right to continue to live
in the matrimonial house. In case of
remarriage, she shall retain this right
if the house belongs to her husband
or she has inherited it.
Enabling Legislation To
Accessing Justice
African protocol-Article 8. Access to
Justice and Equal Protection before
the Law. Article 25 Remedies. States
parties shall undertake to ensure that
remedies are determined by
competent judicial, administrative or
legislative authorities or by any other
competent authority provided law.
Amending/Enacting education laws taking
into account policies-legal literacy
African protocol -Strategic objective 1.3 a) –i)
 Achieve legal literacy: Para 233 ) translate into
local and indigenous languages, alternative
formats for people with disabilities, people a lower
levels of literacy, publicise and disseminate human
rights laws
 Disseminate info on national legislation and its
impact on women legal training programmes for
institutions such as police, military and other law
enforcement agencies, include human rights of
women and its impact school curricula .
 Education campaigns on rights of refugee and
displaced women, migrant women, and make
resource available to them,
ANALYSIS
Most countries have done the following:
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Introduced policy on reduction of the direct and indirect costs for girl
child education
Revision of national education policies to allow re-entry for school
drop-out due to pregnancy
Free primary education for girls and boys
Removing gender stereotypes in careers, school text books
Establishment of bursaries for girls
Policy of girls who get pregnant to go back to school after delivery
50/50 enrolment policy at primary school level, at tertiary level
Passing of HIV/AIDS policies
Putting in place a Gender Machinery
Enactment of the prevention of Domestic Violence Act ( with an
exception of a few countries).
Analysis
A majority of countries have:
 Have not domesticated CEDAW
 Have not ratified the African Protocol,
and some have not even signed
Analysis
Namibia
Electoral laws provide that each party
should have at least 30 % women
candidates
Developed and passed HIV/AIDS
Human rights Charter
Analysis
Mozambique
Passed the family law Code which
allows either a man or a woman to be
a head of the family, non-recognition
of polygamy
Have not domesticated CEDAW
In the process of ratification of the
African protocol
Analysis
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Botswana
Abolished the marital power and that led to
amendment of Deeds Registry Act which
allows women to now regsiter property in
their own name, consent in marriage for
both parties and sharing of property for
couples who ate cohabiting
Enactment of the domestic violence act
Not domesticated CEDAW
Signed the African protocol
Adopted a Constitution
Analysis
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Zimbabwe
Passed sexual offences Act which
criminalises marital rape and willful
transmission of HIV/Aids
Enactments of domestic violence Act
Have not domesticated CEDAW
Have signed the African protocol
Analysis
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Lesotho
Passed sexual offences Act which criminalises
marital rape and willful transmission of HIV/Aids
Section 26(1) of the Local Government Act
stipulates that third electoral division of the 1272
seats should be reserved for women candidates
Putting in place a human rights commission
Enactment of domestic violence Act
Have not domesticated CEDAW
Have signed the African protocol
Analysis
Tanzania
 Constitution reserves 20% of
parliamentary seats for women
distributed on a proportional
representation basis
Analysis
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Zambia
A bill to sent to prison men who impregnate or marry female
pupils and students without an option of a fine
Constitutional reforms (draft Bill): have been declared void all
laws even customary that have an effect of discriminating
against women; defined discrimination against women
Equality in marriage
Protection of women against all forms inhuman and
degrading treatment
Right of women to change their nationality and that of their
children
Inclusion economic social and cultural rights and made them
justiciable
Analysis
Malawi
 Putting in place human rights
commission
 Have not domesticated CEDAW
 Have not signed the African Protocol
Analysis
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Swaziland
have not domesticated CEDAW
Have signed African Protocol
Have adopted a Constitution (July 2005)
but not come into effect yetEquality clause
Right of women to be forced to perform any
cultural practice
Bill of Rights
But right citizenship for women not granted
Analysis
South Africa
 Recognition of Customary Law
Marriages
 Joint administration of property in
marriage
Concluding observations
More commitments on paper than action
SADC DGD in paragraph H(i)-(x) list commitments ; key ones being
constitutional and legislative reforms; looking at recent
Constitutions they do not mirror the commitments set or they are
still wanting. E.g Swaziland new Constitution still does not allow
women to pass citizenship to their children born from foreign men,
yet tge same Constitution talks of equality before the law and nondiscrimination on basis of sex, gender, etc
CEDAW is regarded as the Bill of rights for women since it
comprehensively covers women’s rights, however it has not been
domesticated to become enforceable.
African Protocol is an African brewed CEDAW, however not all
African state members have signed the instrument
BPFA- The strategic objectives covered in particular in I1-3 are
extensive enough to bring about significant results in the area of
women’s rights, however little has been done.
MDG’s- remain a challenge if the above instruments have not been
implemented
Recommendations
Allocation of budgets to ministries
focusing on women’s rights. Having
Gender desks is not enough.
Setting up of human rights institution
such as Gender Commission in
South Africa to monitor
implementations of the instruments
Civil Society have consented efforts