VERSION FRANÇAISE
The Coalition of the Campaign “Africa for Women's Rights Ratify and
Respect” demands immediate action from governments
10 December 2010, Nairobi, Paris - On International Human Rights
Day, as NGO's across Africa conclude their actions marking 16 days of activism
against gender violence, the Coalition of the Campaign “Africa for Women's
Rights Ratify and Respect” calls upon all African governments to take urgent
measures to eliminate violence against women.
Africa is the continent that records the highest levels of violence
perpetrated against women. Patriarchy, sexism and misogyny are widespread
across the 53 countries. Harmful traditional practices, insufficient legal
protection and extensive impunity for acts of violence perpetuate violations of
women's rights. In periods of conflict or political unrest, crimes of sexual
violence continue to be committed on a massive scale.
From November 25th (International Day on Violence Against Women) until 10th
December (International Human Rights Day), NGO's have been intensively
campaigning for an end to such atrocities. The Coalition of the Campaign
“Africa for Womens Rights Ratify and Respect” lends its support to the theme
for this year's mobilisation: Commit ▪ Act ▪ Demand: We CAN End Violence
Against Women! The Campaign emphasizes the need for all actors, starting with
governments, to give full support to efforts to end sexual and gender based
violence.
The Coalition of the Campaign issues specific recommendations to the
governments of Burundi, Botswana, Democratic Republic of Congo (DRC), Togo and
Mali, which have been a particular focus of the Campaign in 2009, and where
sexual and domestic violence remain highly prevalent.
In Burundi, perpetrators of sexual and domestic violence
benefit from widespread impunity. There is no specific law prohibiting domestic
violence. Extrajudicial settlement of cases of rape favours practices such as
marriage between the rapist and the victim. Amongst the root causes of
persistent violence, are profoundly discriminatory laws, in particular
provisions of the Code of the Person and the Family and the Penal Code, as well
as the continued application of customary law.
The Coalition of the Campaign calls on the government of Burundi to:
- abolish or reform discriminatory laws including provisions of the Code of
the Person and the Family and the Penal Code and customary laws;
- enact legislation criminalizing domestic violence;
- adopt a comprehensive strategy to combat all forms of violence against
women; and
- ratify the Protocol to the African Charter on the Rights of Women in
Africa.
In Botswana, customary law, which profoundly discriminates
against women, is applied alongside common law. While Botswana has adopted
legislation criminalising violence against women (Domestic Violence Act 2008),
under customary law men are perceived to have the right to “chastise” their
wives. Furthermore, the Domestic Violence Act contains significant gaps. For
example, it does not penalise marital rape.
The Coalition of the Campaign therefore calls on the government of Botswana
to:
- abolish or reform discriminatory laws including customary laws and ensure
that common law is superior to customary law;
- enact legislative provisions criminalizing marital rape; and
- adopt a comprehensive strategy to combat all forms of violence against
women.
In Democratic Republic of Congo, crimes of sexual violence
continue to be committed on a massive scale, both in areas of ongoing conflict
and areas of relative stability. Two laws on sexual violence adopted in 2006
have so far been ineffectively implemented and perpetrators continue to enjoy
impunity. Harmful traditional practices such as dowry, levirate, polygamy,
forced and early marriage, female genital mutilation and domestic violence,
remain widespread.
The Coalition of the Campaign calls on the Democratic Republic of Congo to
implement the recent recommendations on combating violence against women issued
by the United Nations Committee on Economic, Social and Cultural Rights
(November 2009). In particular, it urges the government to:
- accelerate the adoption of the law on gender equality and reform of
discriminatory provisions within the Family Code;
- enact legislation prohibiting harmful traditional practices;
- raise the minimum age of marriage for girls to 18 years;
- implement the comprehensive strategy against sexual violence endorsed by
the Government in April 2009; and
- ensure provision of compensation, psychological support and health care to
survivors of sexual violence.
In Mali, discriminatory laws, in particular in the area of
the family, place women in a situation of extreme vulnerability. Harmful
traditional practices persist including female genital mutilation, forced and
early marriage and levirate. Following ten years of drafting, reforms to the
Family Code were passed by parliament in August 2009 but, following widespread
protests by ultra-conservative groups, the President sent the law back to
Parliament for a second reading.
The Coalition of the Campaign therefore calls on the government of Mali
to:
- ensure that the proposed reforms of the Family Code, are adopted, in full,
without further delay;
- criminalise female genital mutilation and marital rape;
- adopt the Protocol to the African Charter on the Rights of Women in
Africa.
In Togo, discriminatory customs and traditions, including forced and early
marriage, female genital mutilation, ritual bondage, levirate and repudiation
are widespread. Patriarchal attitudes persist that consider the physical
chastisement of family members, including women, acceptable. Proposed reforms
to the Personal and Family Code, which would amend some of the discriminatory
provisions, have been stalled.
The Coalition of the Campaign therefore calls on the government of Togo
to:
- reform all discriminatory legislation including the Personal and Family
Code
- enact legislation on domestic violence, including marital rape, and on all
forms of sexual abuse, including sexual harassment
- introduce immediate measures to modify and/or eliminate customs and
cultural practices that discriminate against women
- ratify the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination Against Women.
“As we mark International Human Rights Day, we remind all governments of the
fundamental rights of women to be protected from all forms of violence. It is
abhorrent that women continue to suffer such atrocities, and on a daily basis,
whilst governments fail to act”, stated Souhayr Belhassen, FIDH President.
“Eliminating violence against women is a question, first and foremost, of
political will”, she concluded.
On
this occasion, our focal point in Senegal, SWAA ( Society for Women and Aids in
Africa ), was selected for the UNIFEM ( United Nations Development Fund for
Women ) project, to organize a film projection on violence against women and
girls at Keur Massar, followed by consultations proposed by
Mrs Coumba Fary Diouf, active member of SWAA and director of the film, at
which she answered questions from the public.
