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Monday 8 March 2010

International Women's Day 2010: Launch of the Dossier of Claims

“We demand respect for women's rights in Africa”

VERSION FRANÇAISE

8 March 2010 - On the occasion of International Women's Day and the first anniversary of the Campaign “Africa for Women's Rights: Ratify and Respect!”, over one hundred organisations publish their “Dossier of Claims”, addressed to the governments of the continent.

For the past year, the Campaign partner organisations, present in more than 40 countries, have been mobilising to call upon their governments to end the serious discrimination that continues to target women in Africa.

The Campaign, « Africa for women's rights », launched on 8 March 2009, is already resonating across the continent and some progress has been achieved, including the adoption of a law to increase the representation of women in political life in Burkina Faso, the prohibition on female genital mutilation in Uganda and the nomination of a Special Representative of the United Nations Secretary General on sexual violence in armed conflict.

“But we cannot forget that women continue to suffer daily violations of their fundamental rights,” stated Souhayr Belhassen, FIDH President. “Inequality before the law in relation to familial authority or access to inheritance, acts of sexual violence committed with complete impunity, obstacles to access to education...the persistence of such discrimination is evidence of the long road that we need to travel before women in Africa obtain equal rights”.

The Dossier of Claims is the outcome of investigations conducted by the Campaign partner organisations in their respective countries and reflects the situation of women’s rights in over thirty African countries. It contains key demands to eliminate discrimination and violence against women, including: the abolition of laws consecrating inferior status to women within the family or preventing them from having access to property; the criminalisation of sexual violence and the prosecution of perpetrators; as well as the ratification of international and regional women's rights protection instruments.

These “claims” are directed towards national governments, since strengthening respect of women’s rights is primarily a question of political will.

« With this Dossier of Claims, all the actors of the Campaign call upon African governments to take concrete and immediate measures to respect women's rights. We call upon them to RATIFY women’s rights protection instruments and to RESPECT them in law and practice », concluded the Campaign Steering Committee.

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Friday 5 March 2010

Dossier of Claims: Botswana

RATIFY! While Botswana has ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and its Optional Protocol, Botswana has so far failed to ratify – or even sign – the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).

RESPECT! The Coalition of the Campaign is particularly concerned about the following continued violations of women’s human rights in Botswana: application of discriminatory customary laws; access to property; violence against women; access to decision-making positions; access to employment and health services; and the persistence of discriminatory stereotypes and patriarchal attitudes.

SOME POSITIVE DEVELOPMENTS...

The Coalition of the Campaign acknowledges several developments in recent years aimed at improving respect for women’s rights, including:

  • The adoption of the Domestic Violence Act in 2008, which criminalises many acts of gender-based violence and provides some protection to the victims.
  • The adoption of the Abolition of Marital Power Act in 2007 which abolished the common law principle of marital power, according to which the husband was the sole administrator of the family estate, and replaced it with the principle of equality of the spouses with respect to the joint matrimonial assets. However, customary and religious marriages are unaffected by these reforms. The Act also abolished the common law principle of unity of matrimonial residence and allows women to choose their place of residence.
  • The adoption of the Children’s Act 2009 (not yet in force) under which birth certificates contain the names of both parents.

BUT DISCRIMINATION AND VIOLENCE PERSIST

In Law

Botswana has a dual legal system, under which customary law is applied alongside common law. While there have been several reforms of discriminatory provisions under the common law, customary law remains particularly prejudicial to women’s rights, perpetuating unequal power relations between men and women and strengthening stereotypes on the role of women in society.

Although the Constitution of Botswana contains a provision on non-discrimination, under clause 15(4)(c) the prohibition does not apply to: “adoption, marriage, divorce,burial, devolution of property on death or other matters of personal law”.

Customary law remains deeply discriminatory against women, in particular in the areas of family and property law. For example:

Marriage: While the Marriage Act was amended in 2001 to specify 18 years as the minimum age for marriage for both sexes with parental consent, many marriages take place under customary law according to which there is no such limit. The principle of marital power continues to apply to marriages under customary and religious law. Women are considered legal minors and require their husband’s consent to buy or sell property and land, apply for a bank loans, and enter into legally binding contracts. Customary law authorises polygamy with the consent of the first wife, but it is not a common practice.

Separation: In case of separation, custody is traditionally granted to the husband’s family. Mothers have only the right to visit. Although the Affiliation Proceedings Act of 1999 mitigated discrimination against children born out of wedlock, allowing women or care-givers to seek maintenance from the father; under customary law an unmarried mother has no right to receive such maintenance. The mother’s own father has a duty to support the child.

Inheritance: A widow has no right to inheritance from her husband; all property passes to the eldest son. If the husband had no sons, his eldest daughter can inherit but in such case property is administered by her male guardian.

In Practice

Violence

Violence against women remains highly prevalent. Although the Domestic Violence Act 2008 criminalised many forms of violence against women, under customary law and common rural practices men are perceived to have the right to “chastise” their wives. The majority of crimes are unreported and those complaints that are registered are rarely effectively investigated and prosecuted. In 2009, it was estimated by the United Nations that 3 in 5 women in Botswana have experienced some form of domestic violence. Botswana has also recently seen an increase in cases of murder of women by their partners.

By law, the minimum sentence for rape is ten years, however, the majority of perpetrators are not prosecuted or convicted. Marital rape is not criminalised. As a result post exposure prophylaxis (PEP) is not provided to married women who have been raped by their spouses. The Domestic Violence Act contains other significant gaps. For example, it empowers police officers to remove survivors of domestic violence from their residences but does not provide for the creation of shelters for victims of violence. Botswana currently has one such shelter, run by a NGO.

Under-representation in political life

While the Southern African Development Community (SADC) Declaration on Gender and Development includes a commitment to achieving at least 30% representation of women in political and decision making structures by 2005, Botswana has failed to take effective measures to increase representation, for example by introducing a quota system. In 2008, there were only 7 women in the 61 seat National Assembly,

4 women in the 24 member cabinet and 4 women in the 35 seat House of Chiefs (an advisory upper chamber to the National Assembly). There were 3 female judges in the 13 seats High Court. In the October 2009 elections, of a total of 117 candidates, only 10 were women and only two were elected to parliament.

Obstacles to access to education and employment

Whilst some efforts have been made by the government to increase girls’ access to education, girls continue to drop out of education due to pregnancy, early marriage or to earn money to support their families. Although the law prohibits sexual harassment, it remains a serious problem both in schools and in the workplace. Employment legislation has been reformed to remove some discriminatory provisions (in particular those prohibiting women from working in mines, industrial and agricultural work at night) and in 2008 women were authorised to serve in the military. Yet, women mainly occupy junior positions or are employed in the informal sector and thus have no access to social security benefits. Although there have been increases in women occupying high level positions in the private and public sector, they remain under represented (31% in 2007). Women’s limited access to property and credit also form major obstacles to the establishment of businesses.

Obstacles to access to health

The very high prevalence of HIV/ AIDS and the practice of unsafe abortions remain a major problem. The Criminal Code criminalises abortion, unless pregnancy is a result of rape, defilement, or incest, poses a physical or mental health risk to the pregnant woman, or if the unborn child would suffer from or later develop serious physical or mental abnormalities or disease.

Obstacles to access to justice

Obstacles include a lack of information on women’s rights and the laws protecting them, social pressure, a culture of silence and legal costs. Law enforcement agents have not been sufficiently trained on how to deal with cases of gender-based violence.

Furthermore, there is no specific law implementing CEDAW in national legislation and enabling its provisions to be invoked before the courts.

THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF BOTSWANA TO:

  • Reform or repeal all discriminatory statutory laws, in conformity with CEDAW, including by abolishing article 15(4)(c) of the Constitution and widely disseminating statutory laws protecting women’s rights.
  • Harmonise civil, religious and customary law, in conformity with CEDAW and ensure that where conflicts arise between statutory legal provisions and customary or religious law, the statutory provisions prevail.
  • Strengthen laws and policies to protect women from violence and support victims, including by criminalising marital rape; establishing a legal aid system for women victims of violence; ensuring effective prosecution and punishment of offenders; implementing awareness-raising programmes for the general population; and establishing shelters for women victims of violence.
  • Increase women’s access to education and employment, including by addressing socio-economic and cultural factors that impede access to education; and enforcing legislation on sexual harassment.
  • Increase women’s representation in decision-making positions, in conformity with CEDAW and the SADC Declaration on Gender and Development, including through the adoption of temporary special measures such as quotas.
  • Ensure women’s access to health services, including by intensifying efforts to combat HIV/aids; providing PEP to women victims of rape, including marital rape; and reforming the Penal Code to decriminalise abortion in all circumstances.
  • Eliminate discrimination against women concerning access to property, including by raising awareness on land and property rights, especially of rural women, and expanding legal assistance to women wishing to file claims of discrimination.
  • Ensure women’s access to justice, including by adopting specific law to implement CEDAW into national legislation and enable its provisions to be invoked before the national courts; implementing training for all law enforcement personnel; ensuring that women are aware of their rights; providing access to free legal representation.
  • Eliminate discriminatory cultural practices and stereotypes, including through awareness-raising programmes targeting women and men, traditional and community leaders and the media.
  • Ratify the Maputo Protocol and the SADC Protocol on Gender and Development.
  • Implement all recommendations issued by the CEDAW Committee, in February 2010.

PRINCIPAL SOURCES

  • Focal Points: DITSHWANELO and Emang Basadi
  • Shadow report submitted to the CEDAW Committee, Botswana Council of NGOs (BOCONGO), October 2009
  • Inter Parliamentary Union, www.ipu.org
  • Wikigender, www.wikigender.org

THE CAMPAIGN FOCAL POINTS IN BOTSWANA

DITSHWANELO - The Botswana Centre for Human Rights
DITSHWANELO - The Botswana Centre for Human Rights is an NGO established in 1993. It is the only organisation in Botswana dealing with the full range of human rights issues. It works towards achieving gender equality by incorporating it in actions to advocate for legislative changes, providing information to the public and offering paralegal services. www.ditshanelo.org.bw

EMANG BASADI
The EMANG BASADI Women’s Association was established in 1986 to lobby against discriminatory laws. Emang Basadi seeks to raise awareness on women’s rights through lobby, advocacy and capacity building and provides legal aid and counselling services for the empowerment of women.

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Dossier of Claims: South Africa

RESPECT! Over the past decade South Africa has ratified the main international and regional women’s rights protection instruments; and national statutory laws tend to respect the principle of equality between women and men. Yet, the continued application of discriminatory customary laws and persistent patriarchal traditions lead to widespread violations of women’s human rights. The Coalition of the Campaign remains particularly concerned about: discrimination within the family; violence against women, including trafficking; unequal access to property; discrimination in employment; and access to health services.

SOME POSITIVE DEVELOPMENTS...

In addition to the ratification of all the main women’s rights protection instruments, the Coalition of the Campaign acknowledges several other developments in recent years concerning women’s rights:

  • The adoption of the Criminal Law (Sexual Offences) Amendment Act 2007 which modifies the definition of consent and the evidential requirements for proving rape (including abolition of the cautionary rule against complainants’ evidence and providing that no negative inference can be drawn from a delay in reporting rape).
  • The adoption of the Criminal Law (Sentencing) Amendment Act 2007, which establishes minimum sentences for rape. This amendment was intended in particular to prevent courts failing to impose minimum sentences on the basis of absence of physical injuries, the “cultural beliefs” of the perpetrator, or the behavior of the victims or her relationship to the perpetrator.
  • The adoption of National Instructions for Police on Sexual Offences, which sets out how police investigations should be conducted in such cases.
  • Concerning representation of women in parliament, following the 2009 parliamentary elections, 178 out of a total of 400 members of the lower house are women (44.5%). In the upper house, 16 of 54 members are women (29.6%). At ministerial level and deputy minister level respectively 42% and 39% are women.

BUT DISCRIMINATION AND VIOLENCE PERSIST

South Africa has a hybrid legal system composed of statutory and customary law. Laws protecting women’s rights are ineffectively implemented, due to lack of training of law enforcement personnel, general lack of awareness of women’s human rights and generalised impunity for violations.

Discrimination in the family

Legally both civil and customary marriages are recognised. Religious marriages have been recognised by the courts and laws recognising such marriages are currently under consideration. Under customary law, polygamy is authorized (although it is rarely practised). Indeed, the current President, Jacob Zuma, whose role is to guarantee the application of the Constitution, which provides for equality between men and women, openly defends polygamy and married his fifth wife in 2010.

The Recognition of Customary Marriages act requires a court application if a spouse in an existing customary marriage wants to take on a new wife. However, the need to register customary marriages is not well-known and many women within customary marriages do not know about their rights as outlined in the new legislation.

Violence

Despite the adoption of specific legislation to protect women from domestic violence, including marital rape, (Domestic Violence Act 1998), such violence remains widespread. The implementation of the law is curtailed, due to deeply rooted social attitudes which condone violence against women, lack of resources, and inadequate training of doctors, police and court personnel. Efforts undertaken by the government, including the financing of shelters for victims and training for police, have so far proved inadequate.

South Africa has the highest recorded incidence of rape in the world. Over a nine month period, during 2007-2008, 36,190 complaints of rape were recorded by the police. Yet, the large majority of rapes committed go unreported. Reported cases are generally not effectively investigated and prosecuted, in part due to lack of training of law enforcement officials. According to a 2008 study, only 4.1% of reported cases result in convictions. The government abolished specialist sexual offences units in favour of a decentralized approach to the investigation of these cases. This has lead to deterioration in how rape cases are dealt with by the police. In 2009, the Minister of Police announced government’s intention to reverse this decision but this has not been implemented.

There are extensive reports of rape, sexual abuse, sexual harassment and assaults of girls at school by teachers, students, and other persons in the school community. Although the law requires schools to disclose sexual abuse to the authorities; administrators often conceal sexual violence or delay disciplinary action.

Violence against those accused of witchcraft occurs, especially amongst elderly women. There have been reports of women accused of witchcraft being driven from their villages in rural communities, assaulted, exiled, and in some cases, murdered.

The Children’s Act 2005 (signed into law in 2008) prohibits trafficking of children, and the new Sexual Offences Act of 2007 prohibits any trafficking for sexual purposes. The Prevention of Trafficking Bill is currently at parliamentary stage and aims to comply with government’s international obligations in relation to trafficking. The precise extent of trafficking operations in South Africa is unknown.

Obstacles to access to health

Poverty and HIV/AIDS remain the two key inter-linked drivers of maternal and infant mortality. South Africa has the highest prevalence of HIV/AIDS worldwide. In 2009, the Government announced that it would expand access to anti-retroviral treatment for women and children who are living with HIV/AIDS.

THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF SOUTH AFRICA TO:

  • Harmonise statutory and customary laws in conformity with CEDAW and the Maputo Protocol and ensure that, where conflicts arise between statutory legal provisions and customary law, the statutory provisions prevail.
  • Strengthen measures to protect women from violence and support victims, including by ensuring effective prosecution and punishment of perpetrators; implementing training for all law enforcement personnel, in particular concerning implementation of the Domestic Violence and Sexual Offences Acts and the related National Instructions; reinstating specialist sexual offences units; adopting a policy to increase the responsiveness of health services to domestic violence cases; and implementing awareness-raising programme informing the population of women’s rights and mechanisms of access to justice.
  • Take all necessary measures to increase women’s access to employment, including by addressing socio-economic and cultural factors and enforcing legislation on sexual harassment.
  • Adopt all necessary measures to reform or eliminate cultural practices and stereotypes that discriminate against women,including through awareness-raising programmes targeting women and men, traditional and community leaders and the media.
  • Implement all recommendations issued by the CEDAW Committee, in June 1998, and submit the long overdue combined 2nd and 3rd periodic report to the CEDAW Committee.

PRINCIPAL SOURCES

  • Lawyers for Human Rights (LHR)
  • First monitoring report of the Shukumisa Campaign, Sexual violence, calling the system to account, available at www.tlac.org.za
  • Inter Parliamentary Union, www.ipu.org
  • Wikigender, www.wikigender.org

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Dossier of Claims: Sierra Leone

Ratify! While Sierra Leone has ratified the Convention on Elimination of all forms of Discrimination Against Women (CEDAW) without reservations, it has not yet ratified the Optional Protocol to CEDAW and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).

Respect! The Coalition of the Campaign remains particularly concerned by the fol- lowing violations of women’s rights in Sierra Leone: the persistence of discriminatory laws; violence against women; unequal status in marriage, family, and inheritance; unequal access to education, employment, decision-making, and property; and lack of access to health services.

SOME POSITIVE DEVELOPMENTS...
The Coalition of the Campaign acknowledges the recent adoption of several laws and policies aimed at improving respect for women’s rights, including:

  • The adoption of the Domestic Violence Act in 2007, criminalising domestic violence.
  • The adoption of Registration of Customary Marriages and Divorce Act in 2007, which sets the legal age for marriage at 18, requires the consent of both parties to marriage and the registration of all marriages, empowers both spouses to acquire property and provides that gifts, payments, or dowries are non-refundable.
  • The adoption of the Devolution of Estate Act in 2007, which requires property to be equally distributed between the deceased’s spouse and children and criminalises expulsion of widows from their homes after the death of the husband.

BUT DISCRIMINATION AND VIOLENCE PERSIST

IN LAW
Sierra Leone has a plural legal system consisting of statutory, customary, and religious laws. The three bodies of law create contradictions and inconsistencies particularly in the areas of marriage and family law. A Commission was created in 2007 to eliminate discriminatory measures, however, discriminatory provisions remain widespread within each source of law.

Statutory Laws
Constitution: Under section 27(4), the prohibition on discrimination does not apply with respect to adoption, marriage, divorce, burial, devolution of property on death, or other personal law issues.
Criminal Code: Abortion is criminalised. Severeal provisions discriminate against women with regard to their legal capacity. For example, a male juror must be over the age of 21, while a woman juror must be over the age of 39 (Criminal Procedure Act 1965, s.15).

Customary and Religious Laws
Islamic, Christian, and customary laws remain deeply discriminatory against women. In general, customary law governs matters of marriage, divorce, property and inher- itance. For example:
Discrimination within the family: Under customary law, women must obtain parental consent to marriage. Although prohibited by statutory law, polygamy is authorised and widely practiced under customary and Islamic. Approximately 70% of marriages take place outside of statutory law and an estimated 43% of women between the ages of 15-49 are in polygamous unions. According to customary law, women are considered perpetual minors. A woman cannot file a legal complaint without her husband’s consent.
Violence: Customary law permits the physical chastisement of women. There is no minimum age for sexual intercourse and a minor’s consent to sex is not required. Inheritance and Property: Under customary law, a woman cannot inherit her deceased husband’s property.

IN PRACTICE

Discrimination in the family
Despite the adoption of the Child Rights Act and the Registration of Customary Marriages and Divorce Act in 2007, which set the legal age to marry at 18, early marriages continue to take place. In 2007, it was estimated that 62% of girls under the age of 18 were married.

• Violence
Despite the passage of the Domestic Violence Act in 2007, domestic violence against women remains widespread and is surrounded by a culture of silence, especially in the northern provinces.
Rape and sexual slavery were used as weapons of war during the civil war ending in 2002. In 2002, the government established a Truth and Reconciliation Commission, which made specific recommendations for the rehabilitation, psychological recovery, and social reintegration of victims. However, insufficient attention has been given to the Commission’s findings and victims find themselves marginalised in society. Since the end of the war, rape and sexual violence remain highly prevalent. Although rape is criminalised (carrying a prison sentence of up to 14 years), in practice rape cases are frequently settled outside of court, in part due to insufficient training of victims’ lawyers. Families often settle by accepting monetary compensation or by forcing the victim to marry the perpetrator especially when the rape has resulted in pregnancy. A draft law on sexual violence is currently pending.
There is no law in Sierra Leone prohibiting female genital mutilation (FGM), and the practice is widely condoned and even supported by politicians and community mem- bers. In 2007, it was estimated that 94% of women in Sierra Leone between the ages of 15-49 have been subjected to some form of FGM. It is practiced by all Christian and Muslim ethnic groups
Although the Anti-Trafficking Act of 2005 prohibits human trafficking, this practice remains widespread, with women and young girls as the main targets. Women and children are trafficked from the provinces to work in the capital as labourers and commercial sex workers and to the diamond areas for labour and sex work.

Obstacles to access to property
Although women constitute the majority of agricultural labourers, they do not have full access to land, which is governed by customary rules. The land generally belongs to the family and is most often administered by the male head of the household. In parts of northern and western Sierra Leone, a woman can only access land through her husband or male relatives.

Obstacles to access to education
The civil war in Sierra Leone has had a negative impact on the educational infrastruc- ture constituting a particular obstacle for the educational opportunities of girls and young women. As of 2004, 71% of women and girls were illiterate. The high dropout rate of girls can be partly explained by the prevalence of early and forced marriage and pregnancy. New laws provide for girls to return to school after giving birth, but they are seldom enforced.

Obstacles to access to employment and under-representation in political and public life
There are currently no measures in Sierra Leone to accelerate the achievement of de facto equality between women and men in political and public life, education, and employment in the formal economy and the propotion of women in each of these fields remains very low. Most illiterate women work in the informal sector and do not benefit from a social security scheme. Women remain underrepresented in political life. In 2007, 15% of Members of Parliament, 30.4% of the judiciary, and 10.5% of magistrates were women. Only 4 women held cabinet positions.

Obstacles to access to health
Healthcare services for women are woefully inadequate. Health clinics are understaffed and personnel are undertrained and often unpaid. Sierra Leone’s maternal mortality rate is the highest in the world (2,000 of 100,000), as a result of lack of access to pre- natal and post natal care, lack of contraceptive usage and family planning (only 4% of women have access to family planning services), cultural barriers, financial barriers, lack of skilled birth attendants, health issues including malaria, HIV/AIDS and unsafe abortions. The President has announced the forthcoming creation of a free medical scheme for pregnant and lactating mothers and children under 5.

THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF SIERRA LEONE TO:

  • Reform or repeal all discriminatory statutory laws in conformity with CEDAW to ensure conformity with international and regional instruments on women’s rights, including discriminatory provisions within the Constitution, Criminal Code and Family Code.
  • Harmonise statutory, customary, and religious laws in conformity with inter-national and regional instruments on women’s rights and ensure that where conflicts arise between formal legal provisions and customary law, the formal provisions prevail.
  • Strengthen other measures to protect women from violence and support victims, including by removing obstacles to victims’ access to justice; ensuring effective prosecution and punishment of offenders; implementing training for all law enforcement personnel; and establishing shelters for women victims of violence.
  • Increase efforts to ensure women’s equal access to education and employment, including measures to ensure equal access at all levels of education and by regulating the informal sector.
  • Increase women’s access to political life, including by adopting temporary special measures, such as quotas.
  • Improve access, quality, and efficiency of public health care, strengthen efforts to reduce the incidence of maternal and infant mortality, to increase knowledge of and access to affordable contraceptive methods, improve sex education and establish family planning services.
  • Adopt all necessary measures to reform or eliminate cultural practices and stereotypes that discriminate against women, including through awareness-raising programmes targeting women and men, traditional and community leaders.
  • Ratify the Optional Protocol to CEDAW and the Maputo Protocol.
  • Implement all recommendations issued by the CEDAW Committee in June 2007.


PRINCIPAL SOURCES

  • Focal Point: FAWE
  • CEDAW Committee recommendations, June 2007
  • CEDAW NGO Coalition Shadow Report to the CEDAW Committee, May 2007
  • Wikigender, www.wikigender.org



THE CAMPAIGN FOCAL POINT IN SIERRA LEONE

Forum for African Women Educationalists (FAWE)
FAWE is a pan-African Non-Governmental Organisation working in 32 African countries to empower girls and women through gender-responsive education. FAWE works hand-in-hand with communities, schools, civil society, NGOs and ministries to achieve gender equity and equality in education through targeted programmes which influence government policy, build public awareness. www.fawe.org

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