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Report of the Stakeholders Meeting on Domestication and Implementation of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: East, West and Central Africa 16 - 18 July 2009 Kigali, Rwanda

Convened by AU-Women Gender and Development Directorate Solidarity for African Women’s Rights (SOAWR) United Nations Development Fund for Women (UNIFEM)

Prepared by Atieno Ndomo, Conference Rapporteur 1

List of abbreviations/acronyms .........................................................................................................3 Acknowledgement……………………………………………………………………… 4 1.0 Introduction and background ..................................................................................... ……….. 5 1.1. Remarks by Josephine Odera, Regional Program Director UNIFEM ............................5 1.2. Introductory remarks by Faiza Mohamed, Director Equality Now .................................6 1.3 Remarks of Annamaria Scotti, Head of CIDA and Canadian Embassy in Rwanda.......6 1.4 Welcoming and opening remarks of Litha Musyimi-Ogana, Director AUWGDD........7 2.0 Brief introduction on the Protocol - Mary Wandia, Gender Justice and Governance Lead OXFAM GB.........................................................................................................................................8 2.1 Summary of the status of Protocol ratification- Norah Matovu- Winyi, Executive Director FEMNET..............................................................................................................................9 3.0 Challenges to domestication and implementation of the Protocol ......................................12 3.1 Rwanda .....................................................................................................................................12 3.2 Guinea Bissau ..........................................................................................................................13 3.3 Liberia .......................................................................................................................................13 3.4 The Gambia .............................................................................................................................13 3.5 The Comoros...........................................................................................................................13 3.6 Togo ..........................................................................................................................................14 4.0 Findings of state capacity needs assessments- Jacqueline Asiimwe- Mwesige Gender Expert ..................................................................................................................................................15 4.1 General findings ......................................................................................................................15 4.2 Challenges.................................................................................................................................16 4.3 Cross cutting capacity building recommendations (states) ...............................................16 4.4 Recommendations for CSOs.................................................................................................16 4.5 Recommendations (AU).........................................................................................................17 5.0 A multi- sectoral approach to delivering on women’s rights- Florence Butegwa, Representative of the African Union and UNECA, UNIFEM ..................................................17 6.0 Accelerating the domestication and implementation of the Protocol- Taaka Awori, Gender Expert ...................................................................................................................................23 7.0 Role of CSOs in domestication and implementation of the Protocol –Faiza Mohamed, Director Equality Now......................................................................................................................26 8.0 Finalization of conference communiqué and agreed strategies ............................................28 9.0 Closing remarks............................................................................................................................28 10.0Annexes…...…………………………………………………………………...…...…28 • Conference program • Country proposals for actions to promote Multi Sectoral Approach to implementing women’s rights • Conference communiqué • List of participants and contacts

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List of abbreviations/acronyms ACHPR- African Charter on Human and Peoples’ Rights AU- African Union AUC- African Union Commission AU-WGDD- African Union Commission Women, Gender and Development Directorate CEDAW- Convention on the Elimination of All forms of Discrimination against Women CIDA- Canadian International Development Agency CSO- Civil Society Organization ESCR- Economic, Social and Cultural Rights FGM- Female Genital Mutilation GBV-Gender Based Violence ICGLR- International Conference on the Great Lakes Region IEC- Information, Education and Communication M&E- Monitoring and Evaluation MDGs- Millennium Development Goals AU Protocol- Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa PRSP- Poverty Reduction Strategy Paper RBA- Rights Based Approach RHV- Raising Her Voice Program SDGEA- Solemn Declaration on Gender Equality in Africa SOAWR- Solidarity on African Women’s Rights Coalition SRHR- Sexual and Reproductive Health and Rights UDHR-Universal Declaration on Human Rights UN- United Nations UNIFEM- United Nations Development Fund for Women VAW- Violence against Women

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Acknowledgement Several donors contributed to the successful implementation of this conference. They include: The African Union Commission, The NEPAD Spanish Fund, Oxfam GB and the United Nations Development Fund for Women (UNIFEM). Participants and organisers greatly appreciate this support which will go a long way in advancing the human rights of women in Africa. Special thanks to Josephine Odera, UNIFEM Regional Director, Central Africa Sub-regional Office, Annamaria Scotti, Head of CIDA and Canadian Embassy in Rwanda and Litha Musyimi-Ogana, Director AUCWGDD for their opening remarks and words of wisdom which energized the participants. Appreciation also goes to the resource persons including Dr. Hilda Tadria (Facilitator), Faiza Jama Mohamed, Florence Butegwa, Jacqueline Asiimwe, Mary Wandia, Norah MatovuWinyi and Taaka Awori. Thanks too to Atieno Ndomo for skillfully serving as the conference rapporteur and for putting together the conference report. Governments’ representatives are also appreciated for chairing sessions, presenting on their countries’ experiences and for their active participation and commitment to the cause. Civil society organizations present are also applauded for their equally active participation and continued commitment to advancing the human rights of women. The team (Honorable Patricia Kamar, Assistant Minister for Gender and Development, Liberia, Hycinthe Budomo of the International Conference on the Great Lakes Region, Jeanne Flora Kayitesi of the African Union, Norah Matovu- Winyi of FEMNET and Christine Butegwa of Akina Mama Wa Afrika) that worked on putting together the conference communiqué are also recognised for an excellent job. The organising committee composed of AUCWGDD, Equality Now, Oxfam GB and UNIFEM did a commendable job.

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1.0 Introduction and background The African Union Commission’s Women, Gender and Development Directorate (AUCWGDD), in collaboration with Solidarity for African Women’s Rights (SOAWR) Coalition and the United Nations Development Fund for Women (UNIFEM), organized a stakeholders’ meeting on domestication and implementation of the Protocol to the African Charter on Human and Peoples’ Rights on the rights of Women in Africa (here after “the Protocol”) in Kigali (Rwanda) on 16 – 18 July 2009. Participants included senior governmental officials and civil society organizations from fourteen (14) African Union member states from East, Central and West Africa that have ratified the Protocol. The meeting discussed the progress made in implementing the Protocol, the tools used, and the challenges that member states are facing. The meeting also explored the contributions of civil society organizations and partnership with government and the African Union Commission in promoting women’s rights in Africa. Objectives 1. Review progress made in implementing the Protocol, the tools used, and the challenges that member states are facing; 2. Explore the contributions of civil society organizations and partnership with government and the African Union in promoting women’s rights in Africa. Identify technical support needed to realize the domestication and implementation of the Protocol; 3. Agree on concrete actions to effectively domesticate and implement the Protocol; 4. Identify strategies to strengthen reporting on the implementation of the Protocol in the annual reporting on the SDGEA; 1.1. Remarks by Josephine Odera, Regional program director UNIFEM, Central Africa Sub-Regional Office The stakeholders’ meeting on domestication and implementation of the Protocol is crucial as it addresses women’s rights, an issue close to many people’s hearts. The meeting provides an opportunity to examine government commitments with regard to the Protocol and discuss the status of progress in implementation and propose strategies for addressing challenges in order to move the agenda forward. Rwanda is a symbolic venue for the meeting given her unrivalled track record and commitment to women’s empowerment. Rwanda deserves commendation for advancing gender equality and women’s empowerment in different fields including in decision making. Rwanda is currently leading globally in the proportion of representation of women in parliament. The evidence of women’s lived reality in the continent demonstrates the challenges in law, policy, knowledge and capacities. Women’s rights advocates desire to find mechanisms to address these gaps and are keen to complement the efforts of governments to advance gender equality and women’s rights.

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Josephine extended a warm welcome to all participants, and conveyed UNIFEM’s best wishes for fruitful deliberations. 1.2. Introductory remarks by Faiza Mohamed, Director Equality Now1 Faiza conveyed the greetings of the SOAWR coalition. SOAWR is a coalition of 32 members working on the promotion of women’s rights. SOAWR appreciates the government of Rwanda (GOR) for hosting the meeting. As one of the first countries to ratify the Protocol, Rwanda has taken concrete steps to advance women’s rights. President Kagame’s powerful remarks on the crucial role of women in development preceded the adoption of the Solemn Declaration on Gender Equality in Africa (SDGEA). Rwanda is among the few countries that submitted its report on the implementation of the SDGEA. The country has shown commitment and taken action on specific laws including the inheritance and nationality laws. Presently, Rwanda takes the lead globally, on the numbers of women in public office. It is therefore very fitting to hold the meeting on domestication and implementation of the Protocol in Rwanda. Other countries need to embrace Rwanda’s spirit in this regard, to make the Protocol a reality for all African women. The meeting aims to facilitate a sharing of the diverse experiences, good practices and challenges on the domestication and implementation of the Protocol. There is a need to build on lessons learnt in order to attain the goal of realizing the rights enshrined in the Protocol. African women give a lot to the continent and therefore deserve an improved participation in governance structures; better quality of life; ownership of property and land - issues that are well addressed in various international and regional commitments including the Protocol, SDGEA and the MDGs. The challenge is to ensure implementation of these commitments. SOAWR and other women’s rights advocates are interested in meaningful progress in achieving these various women’s rights commitments. 1.3 Remarks of Annamaria Scotti, Head of CIDA and Canadian Embassy in Rwanda Speaking on behalf of Development Partners in Rwanda and as the co-chair of the Gender cluster, Annamaria stressed on the need for development partners in Africa to support governments to implement the Protocol. The need for states that have signed the Protocol to have the tools necessary to enhance understanding of the Protocol by leaders and citizens was equally emphasized. Implementation of the Protocol is key because: • • •

Women’s rights protection is a priority for development partners and especially for attaining MDG 3 on promoting gender equality and the empowerment of women; Effective partnership with government, CSOs and private sector in policy dialogue ensures effective development assistance and the inclusion of all in the process; Principle of ownership in interventions enhances impact and sustainability

CIDA supports the government of Rwanda to implement its development vision, and appreciates their commitment to gender equality. This is evident in political representation. However caution has to be given that merely being a woman in a position of government 1

Equality Now serves as the Secretariat for the SOAWR coalition

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does not translate into an automatic awareness and understanding of gender issues. Rwanda has a strong national policy framework and gender guidelines are in place. A national gender profile has been established and in collaboration with UNIFEM, the ministry of finance is taking steps on gender budgeting. There is a national monitoring office and a girl’s education policy. These steps will certainly improve the attainment of MDG goal 3 in Rwanda. The challenges of mainstreaming gender include: limited success at sector level due to lack of institutional capacity to facilitate and coordinate mechanisms put in place; and, inadequate financial and technical resources. Development partners should be involved in supporting these aspects including gender budgeting. Following President Obama’s Accra speech2, wherein he stated that Africa’s future is up to Africans, the eyes of the world are on Africa - development partners can only support the attainment of the goals. The meeting should enable sharing and learning from country experiences. 1.4 Welcoming and opening remarks of Litha Musyimi-Ogana, Director AUWGDD Madam Litha Musyimi-Ogana extended her appreciation to the Government of Rwanda for its hospitality and the cordial reception given to the delegates and participants. At the 3rd Ordinary Session of the Head of State and Government of Member States of the AU, unanimous agreement was reached to accelerate implementation of all commitments on gender equality such as the Protocol and the SGDEA. The meeting on domestication and implementation of the Protocol is in tandem with this resolution.

Meeting objectives • • •

To review the progress made in implementing the Protocol To consider the concrete actions and strategies for strengthening the reporting and the implementation of the Protocol To explore the role of civil society organizations and partnership with governments and the African Union Commission to strengthen technical support needed for the domestication and implementation of the Protocol

SOAWR’s exemplary work in conjunction with the AUCWGDD ensured enhanced awareness on the Protocol which led to its speedy entry into force, and subsequent ratifications, which today stand at 27 of the 53 member states. The lack of conformity between country laws and constitutions, and the Protocol is a challenge for governments. CSOs roles in enhancing the Protocol’s visibility and awareness as a tool for protection and promotion of women’s rights as demonstrated by the work of the SOAWR coalition is invaluable and confirms that CSOs are critical for AUC activities. 2

Speech delivered during President Obama’s visit to Accra, Ghana on July 11 2009, view at http://www.ibtimes.com/articles/20090711/obamas-speech-accra-ghana-july-11-text.htm

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The AU has made strides in advancing gender equality and protecting women’s rights through declarations and legal instruments. In January 2009, the AU gender policy was adopted. To address the present resource mobilization crisis, an African Women’s Trust Fund to promote women’s empowerment is being established and the African Women’s Decade (2010-2020) is to be launched. The meeting will propose strategies and action plans to ensure that the ratifications so far achieved, are translated into legal frameworks for the benefit of African women in the various member states. It is notable that of the 27 member states that have ratified the Protocol, none has reported on domestication and implementation. Only 18 out of the 53 the member states have submitted their SDGEA reports to the Commission, and none of these reports mention progress on the status of implementation of the Protocol. This gaps needs to be addressed and the meeting participants are expected to come up with result oriented proposals. The meeting participants were also asked to propose to the AUC, strategies for recognizing member states that have ratified the Protocol and for those that have submitted progress reports on the implementation of the SDGEA with a view to motivating other member states to work on delivering on their commitments. 2.0 Brief introduction on the Protocol - Mary Wandia, OXFAM GB This presentation provided an overview of the Protocol. Background of the Protocol The Protocol is an elaboration of the African Charter on Human and People’s Rights (ACHPR) to ensure the recognition of the human rights of African women. It was formally adopted by AU member states in 2003, and entered into force on November 25th, 2005 (upon attaining the 15 required ratifications). To-date 27 countries have ratified the Protocol. Main sections Rationale- the preamble makes reference to regional and international women’s rights instruments (CEDAW, UDHR, Beijing and Dakar platforms). The Protocol is consistent with these international human rights instruments. The Protocol defines substantive steps that state parties are to take to eliminate and address discrimination against women, harmful practices, as well as ensure women the enjoyment of rights”. Rights to be upheld- it affirms equality rights between men and women3 ; civil and political rights4 Economic Social and Cultural Rights5 ; rights to development and peace6; Sexual and

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Article 2, 6, 19, 20, &21 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 4 Articles 4, 5, 8, 9 &11 of the Protocol 5 Articles 11, 12, 14, 17, 6 Article 10 and 18

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Reproductive Health Rights7 (including access to reproductive and sexual services for women especially rural women) Implementation (adoption and monitoring), remedies for rights violations and Amendments- The Protocol provides remedies for violations8; and outlines State Parties’ obligation to report on implementation including legislative and other measures for implementation9. Interpretation of the provisions of the Protocol is assigned to the African Court on Human and People’s Rights which also further stipulates that none of the provisions of the Protocol will affect more favourable women’s rights provisions in other instruments.10 The Solemn Declaration on Gender Equality in Africa (SDGEA) signed by AU Heads of State and Government in July 2004 obliges states to ratify the Protocol by the end of 2004. They committed to launching campaigns for the Protocol to enter into force and committed to an era of domestication and implementation on gender equality instruments including the Protocol. This meeting will enlighten on the status of the latter. The key challenge is ensuring that the Protocol becomes a tool for women’s empowerment and a force for freedom for women in Africa. 2.1 Summary of the status of ratification of the Protocol- Norah Matovu- Winyi, FEMNET The presentation informed that AU member states have varied regimes for effecting international and regional instruments. Whereas in some countries ratification implies automatic effect in domestic law, in other countries legislative and policy reform/review is required as well as a harmonization process. Twenty-seven (27) countries have ratified the Protocol while 21 have signed it and 5 have not. A full list outlining the details of dates of signature, ratification and implementation progress on the Protocol are available on the AU website and was shared with participants. A key concern is that despite the existence of gender policies, women’s machineries, committees in parliament and other progressive policies, the situation and lives of women in the continent has not improved much. Challenges occasioning the inconsistencies in implementation of the Protocol • • •

Countries’ dual and complex legal systems which also conflict with traditions/ customary law regimes Poverty of women which incapacitates them to follow through the justice system in claiming their rights There is a lack of awareness and understanding of the Protocol’s relevance in local contexts. This calls for sensitization and outlining the significance of the Protocol to improve the situation of women.

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Article 14 Article 25 9 Article 26 of the Protocol 10 Article 27 & 28 8

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•

• • • •

There is limited number of competent women and gender sensitive leaders across sectors (government, CSO and private sector) – despite the increasing numbers of elite women in the continent Conflicts and wars hinder progress on implementation Removal of safety nets (constrained access to essential services) despite progressive steps made such as Universal Primary Education Programmatic approach not sustainable – need a longer term view/approach Corruption leading to wastage of resources and depriving of women opportunities for empowerment

SOAWR is presently working to secure ratification in nine countries. Overall, there is need to move beyond ratification and critically work to ensure that the Protocol is implemented to realize meaningful difference in the lives of women and men in Africa. It is key to recognize governments’ crucial responsibility towards implementation of the Protocol. Plenary discussion Q/Comment: Participants stressed the value of simplifying the Protocol to illustrate its potential as a legal instrument, key to improving women’s daily lives. The Protocol must be seen in the context of human rights and crucially addressing the concerns of African women. The gap in popularization of the Protocol can be addressed through translation of its legal philosophy into a message understood and applicable to local situations. Popularization campaigns must be conscious of the context of poverty, poor information sharing and illiteracy. The use of local languages and transmission through radio would be ideal in such settings. It was noted that CSOs in Rwanda enjoyed an enabling environment, courtesy of a committed and people centered political leadership. CSOs work to complement government efforts. The issues to be addressed include poverty and cultural practices that negate women’s rights. In the context of the prevailing global financial crisis, partnerships are key to address the implementation of the Protocol. The need to enhance understanding of women’s rights in countries and in the rural areas was emphasised. It was noted that CSOs play a key role in enhancing awareness on women’s rights. The challenges to doing this work include the context of poverty and diversities within the country which limit communication. A: Regarding popularization of the Protocol, State Parties are required to conduct public education on the Protocol and it is essential to hold them accountable on this. Given the budgetary resource and capacity implications of this task, states are best placed to undertake it. In countries like The Gambia, translation of the Protocol into local languages has been done. SOAWR works to popularize the Protocol including the mobilization of women to

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participate at AU summits11 and to conduct country level advocacy. The coalition has produced and translated (into 4 main languages) IEC materials that capture the provisions of the Protocol. A radio drama titled ‘cross roads’ was produced and broadcast in English, French and Kiswahili. The outstanding challenge is on how to finance continuous airing of the radio drama. This is an aspect that State Parties could support. State Parties have the primary obligation with regard to implementation of the Protocol. Peer pressure between member states can be effective in advancing the Protocol as well as advocacy to encourage governments to legislate gender responsive bills. Such campaigns can be designed to utilize various processes/opportunities in the continent such as: the Beijing +15 review, and, the impending AU African women’s decade to be launched in July 2010. It was noted that the African Court on Human and Peoples Right has been established and is based in Arusha, Tanzania. No case relating to the Protocol has been taken before it. It is a court of last resort; after all other mechanisms at country level have failed. Some countries allow direct CSO access to the court while others do not. It was observed that since governments are keener on politics, CSOs should find mechanisms to hold them accountable on their manifestos. It would therefore be strategic to push for the inclusion of women’s rights issues enshrined in the Protocol in political party manifestos, as a basis for demanding accountability for implementation. Also it would be important to incorporate the message of the Protocol in adult literacy schools to target women that attend these schools. Some participants decried the dismal progress on ratification of the Protocol noting that only 12 additional ratifications had been realized since 2005. Effective mechanisms for enhancing ratifications and implementation of the Protocol are needed. Some participants sought clarification on the ways in which the Protocol adds value to other women’s rights instruments. Highlighting of such value-adding- aspects can aid advocacy for ratification and implementation of the Protocol. The representative of the ICGLR suggested that it may be valuable to include the participation of countries that have not ratified the Protocol in order to examine the bottlenecks they face. She offered to share successful advocacy strategies employed by ICGLR and welcomed collaboration with SOAWR. A: The Protocol’s main value addition is in strengthening the African Charter on Human and Peoples’ Rights and providing a mechanism for domesticating international level commitments. It contextualizes international instruments, making them relevant to Africa by responding to cultural specificities. In this sense, the Protocol holds states accountable on sexual and reproductive health rights, curbing harmful cultural practices and widows’ rights, besides providing a mechanism for remedy through the African Court on Human and People’s Rights.

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Rural women were supported to participate in the June/July 2009 AU pre-summit in Addis Ababa to articulate on issues of agriculture and impacts on women. This was an effort to influence the outcome of the AU summit.

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It was also stressed that CSOs need to own the Protocol and push governments to domesticate it. In The Comoros, CSOs lack capacity to understand and influence the government on the Protocol. In addition, government does not fully understand the mechanisms for implementation. Therefore, the AUC, UNIFEM and SOAWR need to provide this assistance to governments to enable progress. The meeting should provide strategies that can enable synergy in this regard. 3.0 Challenges to domestication and implementation of the Protocol 3.1 Rwanda- Taremwa Daniel, Gender Monitoring Office12 Rwanda signed the Protocol on 19th December, 2003, being the third country after The Comoros and Libya to do so. Article 189 of Rwanda’s constitution provides for the initiation of the domestication process following signature by the president which commences domestication. Subsequently, parliament and the ministry of foreign affairs are informed and ratification documents prepared. Also the president can delegate the powers of ratification. Why Rwanda ratified the Protocol • To ensure that the women of Rwanda benefit from the provisions of the Protocol. The Protocol elaborates women’s rights in a detailed and specific African context; • To ensure the protection of women’s rights as stipulated in international women’s rights instruments; • To remedy the gaps vis-à-vis women’s rights provisions in the African Charter on Human and people’s rights. Domestication process After parliament is informed; cabinet approves the presidential order (article 121(2) to conclude the ratification. Article 190 of the constitution covers the publication in the official gazette. International and regional treaties (like the Protocol) have to be conclusively adopted in accordance with the law in order to gain legal force under Rwandan law. Following ratification, Rwanda has translated the Protocol into the local language (Kinyarwanda) in 2006. In 2007, training was conducted for local government personnel at district level. In 2008, a rapid appraisal survey on the application of the Protocol under Rwandan law was carried out. This analyzed the extent of enjoyment by Rwandan women of the domestic laws that have any link to the rights enshrined in the Protocol. Rwanda undertakes periodic reporting on the Solemn Declaration on Gender Equality in Africa (SGDEA). Challenges to domestication The main challenges relate to taking concrete implementation measures including budgetary and other steps, as well as monitoring progress. The other challenge arises from the fact that the Presidential Order is published without the text of the Protocol. The latter limits the ability of the judicial community to take advantage of the Protocol’s provisions in dispensing 12

Newly established to monitor progress on gender mainstreaming and women’s rights in Rwanda

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justice. This necessitates the training of judges and lawyers, in order to improve justice. A final challenge is the limited communication on laws and women’s rights, especially at the grassroots level. This is tied to financial resource limitations. Progress There has been a review of the constitution, laws, procedures and policies, to ensure consistency with the Protocol’s provisions, and to further the obligations under the Protocol. As an example, action has been instituted to investigate women’s rights violations especially violence against women (VAW), in the context of the 1994 genocide. 3.2 Guinea Bissau The government of Guinea Bissau faces several challenges, both political and economical, in the context of war since 1999. The Protocol was ratified on 4th October 2008 (signed and deposited with the AU). The country is still experiencing the challenges resulting from the internal conflict and hence there has not been much work done in regards to domestication and implementation of the Protocol. 3.3 Liberia- Patricia Kumara & Una Thompson Liberia’s process of ratification is almost similar to Rwanda’s. The Executive prepares the ratification instrument and deposits it with the AUC. After this, the next stage is publication of the instrument and dissemination through various agencies, hence domestication. When it comes to implementation, the challenge of lack of awareness of the Protocol is key. There is need to enhance awareness of the Protocol across the board (amongst all stakeholders) to enhance an understanding of the instrument in order to move forward. Liberia is in the process of setting up a committee to review the law and constitution of Liberia to capture international and regional women’s rights. The Protocol was ratified in December 2005 [though it was only deposited with the AUC in July 2008] and a plan of action and capacity needs assessment instituted for implementation. The Ministry of Gender and Development has begun implementing elements of the Protocol. Also, there are gender focal points in line ministries. Others involved are: the women’s legislative caucus, a committee on gender women and children and health; and the UN agencies group to advance gender equality and women’s advancement. The national gender policy is being finalized through consultations at district level and a law on rape is being enacted. 3.4 The Gambia-Amie Joof-Cole In The Gambia, ratification does not enable enforcement without domestication. There is no one particular law that harmonizes various existing laws to ensure provisions of the Protocol can be enjoyed. Presently the country has commenced a process to ensure domestication through parliament. The enactment of the comprehensive women’s bill and the adoption of a cabinet paper are awaited. 3.5 The Comoros This was the first country to ratify the Protocol, but has made limited progress since. There is a general lack of awareness of the Protocol, especially with the change of government. 13

CSOs have to lead the advocacy on moving the Protocol forward, but need stronger human and financial resources to do so. Without the adherence to the rule of law in The Comoros, the implementation of progressive laws is undermined. Rwanda’s experience in surmounting challenges offers useful lessons. 3.6 Togo Togo ratified the Protocol in 2005, simplified and translated it into local languages. This furthered constitutional provision for women’s equality and the code to protect women’s rights in marriage and succession law. In 2007, a process to review discriminatory legal provisions in the country was commenced. The aspects for review include: FGM prevalence; discriminatory labour code to ensure equal recruitment and protection of women against harassment at work; and a law to protect the disabled. A gender focal point has been instituted to implement all gender related policies. Plenary discussion of Challenges of Protocol ratification and domestication Q/Comment: Ms. Budomo (ICGLR representative) noted that Rwanda has many best practices to share on the domestication of the Protocol. She sought to know what role had been played by non governmental actors in the process as well as the challenges faced in this regard. A/Comment: Zaina (Hagaruka) highlighted her country’s challenges on implementation which include limited outreach to popularize the Protocol due to resource constraints (financial and human resource). Q: A representative from Togo sought clarity on the distinction between domestication and implementation. A: Ratification refers to the process where government gives formal consent/ undertaking to be bound by an agreement and the provisions there in – this is done and deposited with the AUC. Countries represented at the meeting have all ratified the Protocol which implies a commitment to comply with the different obligations/ provisions of the Protocol. Domestication on the other hand is dependent on individual countries’ legal systems. It refers to the process/mechanism for bringing an international agreement to be part of the national legal norms. This could be legislative or other means required to do so. Caution was given to avoid the common danger of assuming that domestication must involve a legislative process, when this need not be so. It is possible to ‘piggy back’ on existing laws through reviewing existing laws to factor in provisions of the Protocol. An incremental approach could be taken to review relevant laws as a way to actualize the Protocol. Other steps could include: awareness raising, capacity building and service provision. Essentially, there is an array of measures that can be taken to effect the Protocol. Q: What is the role of parliament in the domestication and ratification process In Rwanda? A: Under Rwandan law, there are international instruments that the president can not ratify without involvement of parliament; others only require notification of parliament. When parliament is notified, they receive the full text of the instrument in question which provides 14

a chance for them to interrogate and ensure consistency with national law. The issue of hierarchy of laws is dependent on the status accorded to international laws within domestic law. Q: What steps had been taken by Rwanda to popularize the Protocol among women. A: All levels of administration in Rwanda have 30% women’s representation. The district level council of leadership of 130 persons must also have at least 30% women’s representation. This provides a platform for reaching women since the leaders represent women’s groups. This provides an effective link to grassroots women and ensures impact at that level. Following an evaluation of government actions on implementation of the Beijing Platform of Action which examined the actions of district authorities in impacting women’s lives, a new monitoring mechanism, and the gender monitoring office has been instituted. 4.0 Findings of state capacity needs assessment in implementing the Protocol in Liberia, Nigeria and Tanzania - Jacqueline Asiimwe- Mwesige Background and study rationale The study is part of the global OXFAM RHV (Raising Her Voice) project which is also implemented in eight African countries in collaboration with SOAWR members in those countries. The project seeks to strengthen national legislation, budgeting and implementation of the Protocol. As per article 26, State Parties are required to ensure implementation including instituting measures for full realization of rights provisions within the Protocol. This requires capacity and states do not always have this capacity to domesticate, implement and monitor implementation of the Protocol. The Capacity Needs Assessment was to determine the gaps and identify possible initiatives to enable States deliver on their obligations. Methodology Country case studies were compiled in Liberia, Nigeria and Tanzania. All three countries have ratified the Protocol but face unique challenges and opportunities in implementation. An assessment template was used to determine capacity gaps and opportunities. These were administered during country visits where indepth interviews were conducted with government representatives and CSOs. A literature review and in-country validation meetings to share study findings were the other approaches applied. i.

ii.

4.1 General findings Despite steps taken by the three countries to domesticate and implement CEDAW, none of them have made deliberate effort to implement the Protocol. Consequently, any current progress on promoting women’s rights is not due to the Protocol, but rather due to CEDAW or preceding efforts. This raises a question on how to mesh these processes to ensure the protection of women’s rights and how to focus attention on the Protocol as a tool for women’s rights. There are laudable attempts to recognize and protect women’s rights and numerous opportunities exist for implementation of the Protocol. These include resident 15

iii.

capacities (individual and institutional); policy spaces; electioneering; and reform processes (budget and sectoral reviews etc) Infrastructure to support domestication exists. These are: gender machineries, focal points and working groups in ministries, CSOs. The challenge is how to use and resource these infrastructure to advance the Protocol. 4.2 Challenges

i. ii. iii. iv. v. vi. vii. viii.

Slow pace of legislative reform Dual/pluralistic legal systems - the hierarchy of laws, existence of customary laws Low awareness of the Protocol among policy makers Absence of deliberate plan for implementation Heavy reliance on the gender machinery to drive implementation agenda yet they lack requisite resources to deliver (are weak and under resourced) Cultural and religious resistance Limited/absence of political will - how to harness accountability and commitment of political leaders Limited financial and human resources to implement laws and policies 4.3 Cross cutting capacity building recommendations (states)

i. ii. iii. iv. v. vi. vii.

Working with gender ministries to develop a specific strategy for domestication, implementation and monitoring of the Protocol Design within strategy above framework for multi sectoral implementation and accountability for the Protocol Empowering the sector point persons/ Gender focal points to coordinate integration, analysis and reporting on the domestication and implementation of the Protocol Need for a communication strategy targeting key policy and decision makers on the Protocol Need to develop training materials and provide trainings to key public officials on the Protocol Building government capacity on gender budgeting and; Strengthen monitoring of progress on the Protocol’s implementation 4.4 Recommendations for CSOs

i. ii. iii. iv.

Support launch of specific advocacy campaigns for domestication implementation of the Protocol Assist SOAWR partners to develop IEC materials on the Protocol Support initiatives to strengthen civic competence to enhance accountability Improve CSOs monitoring capacity

and

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4.5 Recommendations (AU) i. ii. iii. iv.

Schedule high profile missions to capitals to urge domestication and implementation Write open letters in solidarity of specific violations and celebrate break through and victories Use UN reforms and MDG monitoring through the lens of the Protocol Lobby AU member states to mainstream Protocol implementation

Plenary responses Djibouti has a dual jurisdiction. Both the penal code and the family code draw from sharia law on issues of divorce, marriage and inheritance, thus discriminating against women. It would be beneficial to use the Protocol which is a more favourable instrument for women’s rights. Political will is required to pursue the required harmonization of the laws and address this duality. Cape Verde noted that implementation is a key problem with gaps between what’s provided in law and the implementation, echoing the problem of lack of sufficient political will. There is need to coalesce and advocate on the issue to ensure women friendly legislative changes and safeguard positive provisions. Also needed is the enhanced awareness among women to ensure they can demand accountability for rights at the grassroots. Resources are required to do this. 5.0 A multi- sectoral approach to delivering on women’s rights: a tool for implementing CEDAW, Protocol and the Solemn Declaration on Gender Equality in Africa- Florence Butegwa, UNIFEM There is evidence of political commitment of African governments to gender equality and women’s empowerment based on extensive regional and sub regional policy framework; but there is a: • serious implementation gap • de linkage between women’s rights and broader development goals • confinement of gender equality and women’s rights in national machineries for women’s affairs - no budgets to match; and • national priorities do not integrate women’s rights The AUCWGDD and UNIFEM have developed a tool to assist AU member states to fast track implementation of women’s rights commitments. The framework is based on the experiences and lessons of other multi sectoral approaches such as the Universal Primary Education and HIV/AIDS work. Obligations under human rights instruments are binding on governments. Critically, implementation and monitoring can not only be left to the gender machineries.

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Components of the model The proposed multi sectoral approach to realizing women’s rights is based on the following 5 premises: i. Promoting women’s rights and empowerment is a national priority - there is a link between GE/WE (Gender Equality/Women Empowerment) and national development ii. Individual government departments have an obligation to contribute to attainment of women’s rights iii. Coordination is key to successful multi sectoral initiatives iv. Technical expertise is necessary - need to be clear on the capacities required v. Partnerships are important for the success of multi sectoral initiatives Women’s rights indicators in regional/ national development strategies Regional and national development plans are the basis for implementing women’s rights commitments. Yet, often, there’s less than adequate integration and use of gender analysis in development strategies. The multi sectoral framework therefore emphasizes need for women’s rights targets based on the Protocol, CEDAW and other instruments to be integrated in development plans and strategies including budgets. Division of responsibilities Examples to emulate include the work of other line ministries on addressing: HIV/AIDS; school based programs; agriculture and use of extension workers in agricultural development. Applying the framework to sectors In the Judiciary their role is to ensure the enjoyment of rights recognized under the Protocol and CEDAW; the Ministry of health has the responsibility to ensure women’s right to health and SRHR while the police are obliged to investigate women’s rights violations. Advantages of the framework It is easy and designed to work with minimal restructuring of government. A multi sectoral and integrated approach to fast track promotion of women’s rights in Africa. It proposes the unpacking of state obligations. Coordination mechanism - coordination is key in multi sectoral approaches. Need to be clear on: the coordination needs; what is to be coordinated; what level and why, what composition of the coordination mechanism and sensitivity to national context Processes of framework: The framework is being developed at UNIFEM. Discussions have been held with the AU including a women’s rights experts meeting. Presentation was made to ministers of gender. The meeting was informed that the draft framework on the Multi Sectoral Approach was subject to further amendments, also based on the feedback provided by the meeting. Members were requested not to circulate this draft version. Plenary discussion on framework A multi sectoral approach engages various sectors of government, development partners and CSOs. It focuses on thematic/functional sectors of government and other actors. The 18

approach incorporates elements of joint planning, roles definition of partners, establishing a coordinating mechanism at high level and monitoring and evaluation (M&E), agreed common plan drawn from all partners and is incorporated in development strategy as demonstrated by the examples shared from Liberia’s GBV work. A multi sectoral approach implies the involvement of various government ministries and need a higher level commitment to ensure that ministries collaborate. Further, women’s rights can be prioritized through the earmarking resource allocations. The importance of research based data as key for illustrating the magnitude of the issues of women’s rights violations was underscored. Rwanda: The use of the multi sectoral approach in Rwanda is very effective and has fostered the creation of partnerships/strategic alliances among organs of government thus avoiding duplication and competition among the organs. This involves hard work despite the existence of political will. For example, in the drafting of the constitution, there was broad inclusion and participation to enable wide consensus. There is value of research to enlighten on the issues; advocacy is key and thus need to train women on useful advocacy strategies. Grassroots level consultations are instrumental for overcoming cultural barriers, ensuring implementation and still require constant vigilance to guard gains made. Besides implementation of laws, other challenges are: cultural barriers; insufficient advocacy; and limited budgetary resources to enhance capacity. Effort has been made to institute partnerships with men including having a gender desk at the army. Nigeria: There is a notable lack of broad understanding of the provisions of the Protocol and CEDAW. These instruments are known among small elite. Some of the gender focal persons in the sectors do not know the provisions and this lack of understanding is a challenge. It was pointed out that implementation requires advance information and proactiveness. Therefore it is important to be part of processes of drafting laws to ensure that the necessary provisions are incorporated. The gender focal points in ministries need to be reinforced. Also effort has to go into ensuring women’s rights are integrated in ministry budgets. Ghana: The multi sectoral approach is being applied in Ghana. Gender units exist in particular ministries such as agriculture. Also there are domestic violence units within the police force. Burkina Faso: There is a national gender policy which is not yet adopted by parliament; this policy will aid women’s rights work. There is ongoing advocacy on gender budgeting. Benin: CSOs such as WILDAF have done tremendous advocacy to popularize the Protocol including among government agencies. Before the Protocol, there was a national policy for women’s rights promotion with a multi sectoral plan. Mali: In Mali all international conventions that are ratified automatically become law and are perhaps more superior. Therefore the Protocol is already being in the jurisdiction. Moreover lawyers and judges are being trained to be sensitive on the Protocol’s provisions. There have been a number of favourable court rulings rendered for women. The implementation is ongoing albeit with some challenge on the succession law, where people resort to customary

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law on issues of inheritance. Advocacy for amendments to the law of succession to ensure women benefit as per the provisions of the Protocol is underway. Group reports on: brainstorming and sharing of country experiences with multi sectoral approaches (e.g. HIV/AIDS): issues and objectives, leadership, coordination, achievements and challenges; AND Examples of multi sectoral approaches Examples There exists a multisectoral approach with regard to tackling HIV/AIDS, FGM and health. Multi sectoral approaches are also applied in Ghana, The Gambia and Liberia

Liberia: After the war and subsequent election, there was increasing reporting of VAW and rape cases. An assessment conducted confirmed the increasing VAW incidence. Consequently the Ministry of Gender established a GBV unit. A committee was set up to develop a plan of action based on the assessment outcomes. Out of this a Multi Sectoral Approach emerged. A program, “GBV plan of action” was designed, and a taskforce headed by the president formed. This high level political commitment and involvement generated support (technical and financial) from donors. The taskforce includes UN, government, international and local partners. It has a structure which involves key ministries playing a significant role. The legal and social justice pillar is headed by the constitutional affairs ministry; the medical and psychosocial pillar headed by ministry of health while the coordination pillar is headed by the ministry of gender. County GBV meetings discuss GBV issues and these are fed into the national process. In addition, health personnel are trained on GBV issues. The approach is very collaborative and activities have been fashioned in line with the action plan which is aligned to the PRS document. Ghana: The implementation of the domestic violence Act is done through a Multi Sectoral Approach. The domestic violence unit is located within the police force after the passage of the Act. It works with the ministry of health, education and social welfare and all local units of government and district assemblies. Example of steps in dealing with a rape case - Reporting is done at the Unit; referral to the health clinic; trial through a court process and subsequent imprisonment if guilty while counseling is provided by the social welfare ministry. Each police station has at least a police officer trained on issues of domestic violence as well as the committees at the assemblies. This collaboration is helping unravel domestic violence issues and has ensured the success of this law. Resourcing is based on budgetary allocations to the police force (large part) and minimal support from donors. The Gambia: The ministry of women affairs is placed under the office of the Vice President who is a woman. There is a national bureau of coordination which coordinates all activities and has program officers in all regions, and a national women’s council in five regions in 53 districts, to advise on women’s rights issues. Five year plans are developed with partners. A

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women’s policy is in place and was developed in a consultative manner. Presently, a national women’s bill awaits adoption by the cabinet. Issues and Lessons HIV/AIDS is a global issue and marshal support from many partners. Mobilization on HIV is easier given the homogeneity of the issue as an emergency that needs to be addressed. Also, there is involvement of the highest level of decision makers on this issue. Structures of care and treatment mostly fall under the responsibility of the president’s office. Such positioning has enabled mobilization of resources. Hence in all countries, the commitment and attention on the issue has enabled laws to be enacted to address the issue. The Multi Sectoral Approach model can be considered but its advantages and limitations have to be examined closely. Women’s rights should be a national priority and granted the highest political commitment. A policy should be instituted to ensure the issues are integrated. Sectoral budgets need to mainstream gender with clear expected outcomes. Issues • • • • • • •

Strategic coordination among the groups involved Political will/commitment Continuous lobbying and advocacy by strategic government departments Partnership and constant consultation with relevant stakeholders Resistance to change due to cultural and religious beliefs Regular monitoring and evaluation of approaches Pro activeness of stakeholders

Opportunities and conditions for success • Advocacy opportunities- The AU African women’s decade, Beijing +15 (could highlight 10 key achievement and 10 key gaps) • National gender policies • Incorporate women’s rights issues within PRSPs • Establishment of the African Women’s Trust Fund • Stakeholders- state and non state actors (Member states and ministries, gender machineries; CSOs - SOAWR) How to apply multi sectoral approach to promoting women’s rights • Relate gender issues to national development priorities at all sectoral levels • Capacity strengthening to engage various stakeholders • Political commitment and leadership at the highest levels • Continuously highlighting women’s contribution to national development- highlight in reports etc Lessons • Information sharing ensures reduced duplication • Joint planning and budgeting • Standardized resource materials produced

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• • • • • • • •

Increased commitment, greater participation and accountability of key agencies to ensure deliverables Optimal use of funds Need to identify lead coordinating body Need political commitment Clear role allocation/definition- assign responsibility to lead institutions Need assessment/analysis of situation Involvement of all departments of government M& E training

Challenges • In some countries all focal points are not functional. • In some countries sectoral plans have been designed but they lack requisite resources • • •

• • • • • • • • • • • • •

In Burundi the leadership has played a substantial role to make the initiative a success- there was very high level leadership In Mali, the problem is the low level commitment for the respect of women’s rights. In Burkina Faso, women’s rights have not been placed at a very high level of government given the varied perceptions on the critical nature of women rights issues as compared to HIV/AIDS which is perceived as an emergency. In Cape Verde, women’s rights are placed under the ministry of youth and sports. Need to decentralize and mainstream Need a dynamic and committed leadership to succeed Change in leadership undermines continuity - as in the case of Burundi Lack of awareness of the Protocol and its provisions Lack of resources (human, material and financial) Motivation of donors to align themselves to national development priorities Lack of coordination and political will Competing priorities and development needs of other sectors changes in leadership undermines continuity limited political commitment to women’s rights limited resource allocation exclusion of stakeholders from policy decision making

Conditions for success • political will • inclusive participation • measurable impact • behaviour change • involvement of men and boys • setting benchmarks • ownership • applying the RBA (Rights-based Approach)

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The national policy frameworks to support the multi sectoral approach include: gender policies, PRS, national HIV/AIDS policy, women’s legislative caucuses and education policies. 6.0 Accelerating the domestication and implementation of the Protocol: Some ideas for national action- Taaka Awori The Multi Sectoral Approach enables joint effort within various sectors in government to realize commitment on women’s rights. UNIFEM has developed guidelines (which can be adapted to local context) which provide practical steps on using the approach to advance women’s rights. There are five broad components in the practical implementation of the Multi Sectoral Approach: Establishing a high level coordination mechanism to provide: • Effective coordinated government action • Strong linkages to national and sector development planning processes and budgeting • Accountability on women’s rights • Strong government leadership across sectors and ministries Key Steps in establishing a coordinating mechanism • Develop a strategy for developing and nurturing political will on women’s rights Identify who has leverage/ the drivers of change, mobilize rural women to engage, clarify what you expect of the government actors e.g. through technical support and explain how it is in the interest of government to deliver on women’s rights. • Conduct consultations to get stakeholder buy in; re affirm need for urgent action on women’s rights e.g. through use of statistics; introduce the approach and get feedback and buy in on its use; get suggestions on the high level coordinating mechanism and get agreement on key next steps. This initial consultation should be as inclusive as possible with donors, parliament and CSOs. • Put the high level coordinating mechanism in place. If there is an existing high level mechanism, strengthen its capacity rather than create another - in doing this consider inclusive membership, and chair of sufficient seniority/power in government to mobilize political commitment. Key to have clear terms of reference for the mechanism. • Provide support for effective functioning of the committee • Ensure regular monitoring and evaluation of sector committee Putting in place a technical and advisory services unitEstablish a technical team - led by women’s machinery, draws on diverse expertise and provide them initial briefing Determining sector and ministerial responsibility and accountability/ Government division of roles and responsibilities across sectors-

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Establish a working group within each sector or ministry with the roles of: Identification of the obligations of the sector (their comparative advantage); ensuring strategies to fulfill the obligations are incorporated into the ministry sector plans; ensure collaboration with others; monitoring against gender sensitive indicators; preparing periodic reports to the high level coordinating mechanism. Integration of women’s human rights in national development plans and budgetsIntegration of women’s rights into national development plans through: gender analysis; including gender responsive priorities in the PRS; including gender in the monitoring and evaluation and gender budgeting. Developing the right government led partnershipsParliament- ensure legislation conforms to all women’s rights instruments; key in budget reviews to ensure inclusion of women’s rights CSOs- mobilizing women; coordinating women’s participation in PRS and budget processes; participation in building capacity; documentation of best practices and impact of the various programs on the lives of women Donors and UN agencies- funding; technical support and facilitating linkages for experience sharing with other countries Conclusion: The Protocol represents an important commitment by African governments on the rights of women in Africa. The key challenge is to translate the Protocol into reality. Plenary responses Norah (FEMNET) pointed out that in order to get buy in, consultation can start with different stakeholders to ensure the right participants are invited to the workshop. Regarding the working group, it would be essential to relate women’s rights to the sector mandates. The working groups require gender budgeting expertise. In terms of mobilization of women, the community development departments which are often part of the gender machineries can play a useful role. Through them, the Protocol’s provisions can be fed through for effectiveness. Other questions were on: How to sustain political will across the board and to generate it where it is absent?; How to create an advisory technical unit in the context of traditional set ups and bureaucracies; how to sustain and resource the expertise?; how to avert the challenge that such an integrated approach to working on women’s rights would threaten the status quo/male leadership; and how to address the distrust that CSOs have of government which would undermine a multi sectoral approach i.e. how to avoid friction and sustain collaboration? These questions were subject to deeper reflection within country specific discussions.

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Questions for country based group discussion 1. What are the two –three concrete actions that national machineries for women and gender advocates can take to promote the adoption of a MSA for each country 2. Consider the 5 components of the MS implementation framework and provide concrete actions that you need to take to apply the frame work in your country. 3. What challenges do you foresee? 4. What support would you require? Country reports – See annex 3

Plenary discussion On a question as to whether reporting guidelines could be incorporated into the framework to avoid an overlap between reporting on CEDAW and the Protocol, clarification was made that gender machineries could use the same set of information for CEDAW, Protocol and the SDGEA, only tailoring for the various conventions. South Africa is already using this approach to minimize the time and effort needed and also to keep track of progress of all the women’s rights instruments. Clarity was sought on the rational for targeting the first lady in Nigeria while she is not party to the Protocol. In response, it was pointed out that in the Nigerian context the first lady plays a very powerful role and can influence progress. This has been effective for the campaign on HIV/AIDS. The first lady is very effective at the state level and can get the governors to implement a lot of things. Further it was noted that although the instrument is legal, on matters of advocacy, creative approaches can be used. Further those waging influence may pan beyond those in government. This would depend on particular contexts. Using the office of the first lady would be strategic if the contextual analysis confirms that it would be instrumental for success. On the recurring challenge and support expressed for financial support, it was proposed that it may be strategic to have countries prioritize their plans of action and apply the multi sectoral approach. Also, the Rwandan example of using performance contracts could be replicated by other countries to enhance delivery. Based on the experience of Liberia, the meeting heard that the multi sectoral approach has created opportunities for resources- it is possible to ‘piggy back’ on other initiatives and thus cut down on cost. On traditional and religious resistance, it was proposed that alliances be created with these groups to marshal support and counter resistance. The meeting heard that such strategies exist in Burundi and are being tried in Rwanda. A question on how to keep the interaction of this group beyond the meeting to share learning and best practices was raised. A suggestion to set up a network mechanism of countries that have ratified the Protocol to enhance sharing of experiences and expertise was

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proposed. Besides networking, countries should be able to feedback on their progress in implementing the agreed plans/strategies. The challenge of insufficient involvement of men was raised. It was noted that men’s meaningful involvement could be key in addressing resistance to change. A strategy on male involvement as a way of addressing attitude and behaviour change was proposed. To counter religious and cultural barriers, there is need to emphasize that the law is superior to religion and culture, and is about rights. Therefore, religion should not undermine the enjoyment of rights. It is important to question why culture insubordinates and marginalizes women and the selective nature of this in subordination. Religion and culture are contextual issues which have an influence. The law can be applied to uphold women’s rights and justice. For example Islam imposes conditions to polygamous unions and hence in Djibouti, a man would have to prove capability to care for two families. Traditions can be positive or negative and they pose a challenge because they are entrenched. Effective advocacy can counter negative traditions. As an example, FGM is diminishing in Djibouti courtesy of advocacy work done by UNFD. Sensitization and awareness campaigns can address traditional and cultural practices. Other strategies include creating alliances with teachers to ensure continuous education while education of girls is valuable for empowering women. Emphasis was laid on the fact that the Protocol provides a mechanism for resolving issues peculiar to Africa. For example, it addresses issues of inheritance, succession and polygamy. The protocol does not strive to disadvantage any woman and is conscious of Africa’s present day cultural realities. The issue of a follow up information and progress sharing mechanism is being considered by the meeting organizers. On its part the AUCWGDD is considering launching an electronic newsletter and list serve for this purpose. 7.0 Role of CSOs in domestication and implementation of the Protocol – Faiza Mohamed, Equality Now CSO have done good work leading to the formulation, adoption, popularization and entry into force of the Protocol in a record time. They can equally play a crucial role in supporting member states to realize domestication and implementation of the Protocol. Several actionable points were cited in this regard. Domestication • Multiple strategies of advocacy directed at State Parties needs to be employed • Providing technical support- inputting into law reform projects aimed at ensuring compliance with the Protocol • Monitoring and sustaining focus on states who don’t deliver

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• •

Spreading good practices, creating spaces for sharing and linking (e.g. this meeting and follow up meetings) Complementing state efforts at building knowledge/capacity of law enforcement agents

Implementation • Promoting the Multi Sectoral Approach by: focusing beyond justice and women’s affairs ministries; introduce the model to SOAWR members and broadening the coalition to include other groups with a view to ensuring continental coverage • Support women and girls who face rights violations through legal action and psychosocial support • Equipping lawyers and others with knowledge on seeking redress for women and girls and facilitating linkages among CSO actors • Proactive support for lawyers to incorporate references to relevant articles of the Protocol in their legal briefs- cases of women and girls rights violations • Documentation and circulation of judgments that refer to the Protocol • Support member states on effective reporting on implementation of the obligations under the Protocol – in this regard a gender expert meeting to draft reporting guidelines13 is planned for August 2009 for adoption by the Africa Union Commission in November 2009. • Equality Now is producing a practical guide/manual to using the Protocol for legal action- it will be published soon and has been translated into French and possibly other languages in the near future. The manual will be accessible also from Equality Now and SOAWR websites. Plenary responses Q: What are the steps for approaching the African Court? A: The Court can only be approached after exhausting all local avenues. State parties also have to sign a declaration to enable CSOs and individuals to approach the court directly. Only two countries (Burkina Faso and Malawi) have signed the declaration. In the absence of the declaration, there is a possibility to use the African Commission to approach the Court (i.e. in an indirect way). There is a need to keep the advocacy for member states to sign the declaration to enable direct citizen’s access to the Court. Q: Shouldn’t CSOs initiate legislation on women’s rights – there are examples in Mali where CSO advocacy led to the enactment of a law on FGM. Therefore, CSOs have a role to play in implementation A: The Protocol is a legally binding instrument which obligates states to deliver on it. The responsibility for domestication rests with the member states. CSOs work to support this. The AU commission has an obligation to ensure member states implement summit 13

Initiative by the Center for Human Rights at the Pretoria University, a SOAWR member

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decisions. CSOs are committed to take all steps to ensure that states deliver. For example, citizens can sue states for non delivery on the Protocol. In West Africa, they have recourse to the ECOWAS court which has been used to deliver justice. More steps are needed to enhance state delivery and accountability. For example, while in Senegal, they don’t apply the Protocol due to lack of training of judicial officers on this instrument, in Mali judicial officers uses the Protocol to render rulings. The meeting was encouraged to broaden its focus beyond the Court and also pay attention to the African Commission which has a broader responsibility towards promotion, investigation and reporting on the Protocol. It is important to bear in mind the limitations of the Court in impacting women’s lives and giving remedies. With a better understanding of the rules of procedure of the Commission, a better impact could be realized at national level. SOAWR could enable members to do this. 8.0 Finalization of conference communiqué and agreed strategies The meeting adopted the communiqué with the agreed amendments14. 9.0 Closing remarks Florence Butegwa (UNIFEM) moved a vote of thanks to the meeting’s organizing teams appreciating their input towards a successful meeting. In particular, she attributed the successful planning to the commonality of purpose among the convening partner organizations. The director of the AUCWGDD was appreciated for providing political leadership and commitment to the process, as were government delegates, for exhibiting a spirit of partnership and enthusiastic participation at the meeting. The UNIFEM Central African sub-regional office in Kigali was lauded for logistical and other support, while the government of Nigeria received special mention for sponsoring additional participants to the meeting. Similarly, participants were appreciated for productive engagement in the discussions. Participants were urged to maintain contact with UNIFEM and other UN offices in the respective countries on matters of technical support for advancing the plans proposed at the meeting. Faiza Mohamed (Equality Now) expressed SOAWR’s appreciation for the opportunity to work with member states, AUC and UNIFEM; and expressed a desire for continued collaboration on women’s rights work. Mary (OXFAM) named the outstanding challenge of using the Protocol to fundamentally transform the situations of women in the continent. OXFAM would be holding a partners meeting to examine how to achieve this transformation through the Raising Her Voice (RHV) project funded by DFID to run campaigns for the ratification and/or implementation of the Protocol in 8 African countries.

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Final version of the communiqué is annexed to this report

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Jeanne Kayitesi (AUC) lauded the effective participation of all participants and urged the implementation of the agreed actions. She affirmed the AUC’s willingness to support processes of domestication and implementation of the Protocol. 10. Annexes • Conference communiqué • Press Release • Country proposals for actions to promote Multi Sectoral Approach to implementing women’s rights • Conference program • List of participants and contacts

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Annex 1 STAKEHOLDERS MEETING ON DOMESTICATION AND IMPLEMENTATION OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA, 16 – 18 JULY 2009, KIGALI, RWANDA COMMUNIQUE We, the participants at the Stakeholders meeting on the Domestication and Implementation of the African Union Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa held on 16th - 18th July 2009 in Kigali, Rwanda, organized by African Union Commission, United Nations Development Fund for Women (UNIFEM) and Solidarity for African Women Rights (SOAWR) Coalition; Having come together in the spirit of partnership as key actors and representatives of governments (from 14 countries in East, Central and West Africa that have ratified the Protocol, namely Benin, Burkina Faso, Cape Verde, Comoros, Djibouti, The Gambia, Ghana, Guinea Bissau, Liberia, Mali, Nigeria, Rwanda, Senegal and Togo), African Union Commission, UNIFEM, International Conference on the Great Lakes Region (ICGLR), civil society, regional and sub-regional networks and organizations and development partners. Reaffirming those international and regional commitments on the promotion of women’s rights and gender equality are central to peace, security, good governance and sustainable development; Recognising that the primary responsibility for the implementation of the Protocol on the Rights of Women is on the State parties to the Protocol whose supreme policy and decision making organ, the Summit of the Heads of States and Government, adopted the Protocol in July 2003 in Maputo, Mozambique; Noting that every country represented at this meeting has the legal obligation to integrate the provisions of the Protocol into its domestic policies and laws in order to make the Protocol applicable within that country and that they have already taken a number of commendable measures and actions at the national and local levels that contribute to its implementation including among others: the inclusion of the principle of equality in national constitutions, the setting up of national machineries for the advancement of women, adoption of gender policies and national action plans, law and policy reforms; putting in place affirmative action policies to support women’s participation in decision-making; While appreciating the progress made, further measures are required to ensure that women and girls fully enjoy their rights and that their situation and position is fundamentally transformed in all spheres of life; Further recognising that the key to fast-tracking the various commitments on women’s rights as stipulated in the Protocol and other international human rights legislation is to ensure that women’s rights are integrated in the national development plans including poverty reduction 30

strategies, national legal frameworks and providing adequate financial and human resources within the development of national and sectoral budgets. We recommend as follows: Recommendations to the African Union Commission: 1. Provide expertise to support member states to adopt and utilise a multi-sectoral approach to the domestication and implementation of the Protocol and facilitate harmonised reporting on women’s rights commitments by member states. 2. Recognise regularly the countries that have ratified and made significant progress in implementing the Protocol. 3. Encourage member states of the African Union that have not ratified the Protocol to do so. 4. Ensure the African Women Decade (2010 – 2020) and Beijing plus 15 Review process come up with actions that contribute to the full ratification, domestication and implementation of the Protocol in order to result in the demonstrated improvement in the lives of women in Africa. Recommendations to State parties to the Protocol: 1. Take all necessary legislative, judicial, administrative, educational and other appropriate measures in order to fulfill their legal obligations under the Protocol. 2. Adopt and utilize a multi-sectoral approach to the domestication and implementation, and develop partnerships with key stakeholders to implement the Protocol including civil society, private sector and development partners. 3. Ensure the distribution of roles and responsibilities from different sectors based on the mandates and comparative advantage of each sector in fulfilling and promoting specific provisions of the Protocol. 4. Put in place dedicated budgetary allocations for capital and recurrent expenditures on activities that integrate women’s rights in sector programmes. 5. Put in place effective monitoring mechanisms to measure the implementation of the Protocol including adopting best practices on implementing women’s rights such as establishing performance contracts for all stakeholders in the multi-sectoral approach. 6. Harmonise the reporting process on progress made to implement women’s rights in both the Protocol and other international women’s rights instruments. 7. Include progress on the implementation on the Protocol within their annual reports to the AU Assembly of Heads of State as required by the Solemn Declaration on Gender Equality in Africa and are encouraged to do so by the next AU Summit in January 2010, which is the beginning of the African Women’s Decade. 8. Continue involving civil society in a coordinated advocacy campaign on the ratification, domestication and implementation of the Protocol. 9. Encourage states to develop and include gender-sensitive indicators and gender disaggregated data on women’s rights into national statistics, national development plans and national budgets. 10. Urge fellow member states of the AU that have not ratified the Protocol to do so in the shortest time possible in order to fulfill their commitments to the MDGs and other international and regional human rights obligations.

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Recommendations to Civil Society: 1. Work with the national women machineries and other key sectors to develop a specific multi-sectoral strategy for implementation of the Protocol. 2. Participate in the implementation of the Protocol by providing technical support, playing a central role in mobilising different stakeholders at community level, to increase awareness on the Protocol and propose ways in which stakeholders can participate in implementing the Protocol using a multi-sectoral approach. 3. Form strategic networks among civil society across different sectors to advocate, lobby and monitor the implementation of the Protocol. 4. Civil society organisations, especially women’s organisations to work in partnership with government to ensure the African Women Decade (2010 – 2020) and Beijing plus 15 Review process yields more actions that contribute to the implementation of the Protocol and result in the demonstrated improvement in the lives of women in Africa. Recommendations to the United Nations and Development Partners: 1. To meet the commitments they have made at international level to support women’s rights in Africa. 2. Support financially and with expertise the state parties to the Protocol to adopt and utilise a multi-sectoral approach in the implementation of the Protocol. 3. To prioritise and integrate support towards the implementation of the Protocol within their interventions in different sectors. Done in Kigali, Rwanda on 18th July 2009 Signatories: - Governments representatives from National Machineries for Women from Benin, Burkina Faso, Djibouti, The Gambia, Guinea-Bissau, Liberia, Mali, Nigeria, Rwanda and Togo. - Representatives of the AU Women, Gender and Development Directorate, African Union Commission - United Nations Development Fund for Women (UNIFEM) - International Conference on the Great Lakes region (ICGLR) - Civil society representatives including members of Solidarity for African Women’s Rights (SOAWR) Coalition.

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Annex 2 Press Release

PRESS RELEASE Representatives from African Union Member States Develop strategies and tools for the domestication and implementation of the AU Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa Kigali, July 18, 2009 A three-day Stakeholders’ Meeting on the Domestication and Implementation of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa has successfully been concluded today in Kigali, Rwanda with the adoption of a communiqué containing recommendations and strategies for strengthening the domestication, implementation and reporting on the Protocol fostering and protecting African women’s rights. The meeting in Kigali, Rwanda, was organized by the African Union Commission (AUC) in conjunction with Solidarity for African Women’s Rights Coalition (SOAWR) and UNIFEM. To date, 27 out of 53 Member States of the African Union have ratified the Protocol. “While we applaud these countries that have ratified the Protocol and beseech the rest to emulate them, we also call them to action,” Litha Musyimi-Ogana, Director of the Women, Gender, and Development Directorate of the African Union Commission said at the opening. 53 representatives of governments and civil society organizations from countries that have ratified the Protocol in East, West and Central Africa as well as regional and sub-regional networks and organizations attended the meeting. The African Union Commission, UNIFEM, International Conference on Great Lakes Region and development partners were also represented. Litha Musyimi-Ogana, Director, Women, Gender, and Development Directorate, African Union Commission

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Participants exchanged information and reviewed the progress made, analyzed the tools used and identified challenges in implementing the Protocol on women’s rights. Special emphasis was put on the role that civil society plays in partnering with governments and the African Union in promoting and protecting women’s rights in Africa. Participants were introduced to a multi-sectoral framework developed by UNIFEM and practical steps to its usage to enable joint efforts within various sectors in government to realize commitments on women’s rights. In the communiqué adopted by conference participants to accelerate the domestication and implementation of the Protocol participants called on States that have ratified the Protocol to take all necessary legislative, judicial, administrative, educational and other appropriate measures in order to fulfill their legal obligations under the Protocol; to adopt a multisectoral approach to the domestication and implementation of the Protocol and to dedicate budgetary allocations for capital and recurrent expenditures on programmes that integrate women’s rights in sector programmes. Participants also encouraged the States Parties to the Protocol to adopt monitoring mechanisms to measure the implementation of the Protocol including such best practices as performance contracts for individual sector ministries on women’s rights. This should go hand in hand with development and inclusion of gender-sensitive indicators on women’s rights into national statistics, national development plans and national budgets and the involvement of civil society in a coordinated advocacy campaign on domestication and implementation and monitoring.

Some participants at the Stakeholders’ meeting

For more information please contact: Ms. Florence Butegwa, UNIFEM Representative to the AU and UNECA, [email protected], tel. +251-913-202231 Ms Faiza Jama Mohamed, Director Nairobi Office, Equality Now, [email protected] Tel +254-20-2719832/2719913, Litha Musyimi-Ogana, Director, Women, Gender, and Development Directorate, African Union Commission [email protected], +251-115-517700; Fax:(251115)510154/515902/514277

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Annex 3 Country proposals for actions to promote Multi Sectoral Approach to implementing women’s rights

Country

Concrete Action to advance the framework

Challenges

Support needs

Benin

Since 2008 have a MSA which involves CSOs and other stakeholders. This institutional framework will enable the implementation of the protocol. It is the National council for gender and equity promotion under the head of state. It has a technical committee under the min of gender charged with coordinating stakeholders.

Social and cultural hindrances especially through traditional leaders

Target communities sensitization

Feedback from this meeting to the ministry of gender and technical and financial partners during usual consultative meetings

Operationalization of the coordination mechanism which is with the ministry of family Limited resources bureaucratic hindrances

and

for

Meet regularly with stakeholders and have a monitoring committee During the design of the popularization plan define roles of all stakeholders

Release a communiqué to the cabinet on the recommendations of this meeting Design a popularization plan of the Protocol Convene consultation meetings with stakeholders Translate the Protocol into simplified language and into 3/4 local languages Advocacy related activities with stakeholders NGOs in Benin working a scattered way and since 2008 are working on collaboration. A MSA approach should be mainstreamed Monitoring of the proposed actions

35

Burkina Faso

Establishment of a follow up committee in 2008, to follow up Burkina Faso’s commitments to women’s rights through various instruments. The committee has more than 40 members including a representative of the office of the president. It should work to ensure advocacy on the Protocol.

There is no partnership on a technical basis with donors

The Follow up committee should ensure implementation of commitments to women’s rights. There is no high level coordinating mechanism and there is no role definition. This aspect should be improved. The committee lacked a budget and hence unable to include women’s issues in the plan. Ensure conformity of the Protocol to national legislation including addressing VAW. Ministries to involve include: gender affairs, justice, social affairs and youth. Ensure specific inclusion of women rights such as access to land and loans. All sectors involved in programs should take this into account. Cape Verde

A workshop convening all ministries should be organized to address the MSA Government should provide necessary resources to address gender issues. Also consider cooperation from international development partners Allocate budgetary resources to gender issues

The Comoros

Prepare and organize a workshop to involve all actors including a council previously formed to address gender issues- would be a chance to consider instituting a mechanism and see why the council wasn’t working Opportunity to establish the national gender policy Address roles of members of the mechanism; who would provide leadership- address these at the workshop

Electoral schedules following constitutional review 2 months ago. There is going to be a general election and this could delay commencing this work Limited financial resources Need stakeholders to understand their roles Inclusion of women’s issues in sectoral plans such as agriculture

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Djibouti

August- October 2009: Put in place the high level coordination mechanism November 2009- conduct women’s needs assessment study December 2009: January- March 2010: April- December 2010:

etc

Creation of high level coordination mechanism- before this key to create a restricted committee to bring together key ministries (women’s promotion; presidency, prime minister office and ministry of foreign affairs and justice ministry)- this committee would hold periodic meetings (informal) to enhance awareness on government commitment to the Protocol and examine why there is minimal progress. This committee would push for the creation of the national multisectoral committee which would then involve all ministries that have mandates covered by the provisions of the Protocol

Lack of political will due to lack of understanding by government of the Protocol’s importance

All actions can not be done simultaneouslyneed a communication strategy targeting all stakeholders to ensure inclusion of gender in the national development plans

Lack of involvement of the relevant actors also when officers are transferred Limited skills and (financial and human)

resources

Need expertise and training of relevant stakeholders on the content of the Protocol Support to translate Protocol into local languages and disseminate to popularize; Support to engage with media to enhance awareness of the Protocol

Second step would be the creation of a technical and consultative services unit to be in charge of coordination and monitoring of implementation of the Protocol in the ministry of gender determination of roles and responsibilities in mainstreaming gender issues in national development plans Hold regular meetings with stakeholders to draft a multi sectoral action plan (within a year) sub plans will form the multisectoral plans to be validated through a stakeholder round table. The Gambia

Already there is a technical group working on the SDGEA and the Beijing +15-will maintain this group and strengthen it. It includes all stakeholders and is coordinated by the women’s bureau. Need further clarity on roles for partners.

Executive not respecting Protocol provisions Judiciary

shying

from

the

taking

Support of the executive, religious leaders and donors

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responsibilities Create and strengthen a lobbying group to have the women’s bill enacted- should be done before the Beijing +15 meeting hosted by Gambia in October Mobilize funds for sensitization on the Protocol and translate it into more languages (has been translated to two languages)

Financial resource limitation Conflict with religion for some provisions

Need budgetary allocation for the implementation of the AWP Support capacity building of the staff of the gender machineries

Train judicial officers to effective apply the provisions of the law Strengthen capacity of all gender focal points to report on the progress of Protocol’s implementation Ghana

Constitute small team of executive board of WILDAF and government and UNIFEM representative to brief them on meeting outcome Plan a face to face meeting with the minister for women and children to share meeting report Encourage min to appoint a focal point to work with on implementation of the Protocol or work with the chair of the gender equity team to assist the Protocol implementation. Can then look at the 5 steps

Absence of government representative at the meeting Process time consuming as buy in is sought Identification of partners and maintaining their interest

Political will Technical support for position paper, planning etc Resources Need statistics and data as back up of arguments

Map out the key ministries and consider their mandates; identify the benefits of working on women’s rights Proposal for funding Write a position paper to outline the benefits of the Protocol work to key ministries and identify the location of the secretariat Prioritize actions in the position paper Plan a meeting with stakeholders in liaison with the appointed focal point. This meeting will outline the way forward

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Guinea Bissau

Establish a high level coordination mechanism that involves two institutions (min of gender social cohesion and poverty alleviation in collaboration with institute of women and children affairs) The creation of technical and advisory services unit to identify what kind of technical support is required and define priorities

Lack of political stability in the country

UN system should be involved since Guinea works with the UN given its enormous difficulties especially the instability Most actions taken by women There is an action plan but too many challenges It is not easy for government to promote women’s rightsthe fundamental pre occupation of government is to pay civil servants salaries Government should earmark resources in budget for women’s rights work Organize a workshop of all stakeholders on gender issues

Traditional Beliefs

Provision of consultants to support monitoring and reporting on implementation of the Protocol

Creation of focal point within every ministry is already done through women and children institute in collaboration with UNFPA. But is challenged because ministry staff is not present at this meeting

Liberia

Situational analysis on participation of ministries/sectoral agencies in addressing women’s rights issues

Change in political structure Establish a high level coordination mechanism Convene a meeting to review mandate and structure of the national gender forum, the advisory body for gender mainstreaming in all sectors. It is chaired by the President and is the highest structure for gender coordination. Identify experts/specialists from key government agencies, CSOs, UN agencies etc to serve on the technical advisory committee

Limited expertise in gender and women’s rights issues

build capacity of ministry of gender and sectoral ministries to implement and report on the protocol Funding and logistics

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Strengthening institutional capacity of women’s rights organizations

Integration of women’s rights in the national plan Training of stakeholders especially the legislature on gender budgeting

Support to women livelihood and opportunities, linking it to advocacy for the rights of women

Advocate for an enactment of law to earmark 15% of national budget to all sectors for gender issues (incorporate as part of on going constitutional review) Mali

Organize a week for the Protocol -carry out advocacy on the protocol through discussions, TV programs and caravans all over the country Make a census of judgments in which the Protocol has been referred to i.e. audit the judgments made using the provisions of the Protocol and develop these as a resource of examples for the judiciary Follow up and coordination mechanism of broad stakeholders under the min in charge of gender Translate and disseminate Train lawyers on the Protocol Put in place lobby group to advocate within the institutions and communities Network of lawyers to be within national assembly to ensure draft law integrates the Protocol’s provisions

Misinterpretation of the content of the protocol by the media hence need to train them on it

Continue advocacy to get the head of state to buy in and result in budgetary allocation Support of technical and financial partners Need M&E and reporting capacity strengthening Need a system for rewarding and or sanctioning for the progress in implementation of the Protocol

Nigeria

Establishing high level coordination mechanism

Gaining and political will

Technical support Funding support Support on the ability to engage and sustain interest, buy in and political will

Advocacy visit to the minister of women affairs to discuss the importance and need to establish a multi-sectoral approach to domestication of the AU protocol and gain ownership An advocacy team lead by the minister of women affairs consisting of CSOs and development partners to visit the First lady of Nigeria

sustaining

the

Insufficient funding Cultural and religious dimension Lack of legal frameworks to support implementation and enforcement

40

Development and presentation of a memo on the need to domesticate the AU protocol to the Federal Executive Council

Nigerian constitution

Awareness creation on the AU protocol (IEC materials). This will be lead by CSOs and the MOWSD The coordination will be established in the office of the first lady to ensure effective participation and to promote political will. Concrete actions to apply the framework Letters of invitation from the office of the first lady to head/ directors of government sectors Creation and establishment of a technical team Identification and allocation of roles and responsibilities for each of the sectors Development of a work plan, TOR and budget to guide the implementation Identify sources of funding

Rwanda

Have consultation meeting without other groups of interests (religious leaders, traditional leaders) Approach exists and can only be reinforced. Ministry of Gender and family promotion coordinates; NGOs and donors are partners; other ministries districts and NGOs are implementers The Gender Monitoring Office will monitor activities of all actors in the interest of women rights In order to reinforce the MSA need: •

Cultural barriers Resistance to change- issues of attitude and mentality Financial constraints

Expertise from the AU and UN on mechanisms of implementation (the context of advisory service unit) Support from religious institutions – are newly recognized as a sector in development Financial support

Bottom to top gender budgeting through an inclusive

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• •

•

and consultative process CSO to develop an advocacy strategy Revise the national gender policy to emphasize the use of MSA and puts in place a national gender promotion strategic plan Improve the coordination role of the ministry of genderit is under staffed and need better skills on women’s rights

Steps applicable to Rwanda Rights of women could be made a priority through the integration into national plans, budget support, media concerted campaign and higher level advocacy with the political leadership; research and evidence based work Develop an M&E tool with specific indicators (the GMO will prioritize the development of such a framework; in Rwanda all agencies have to sign performance contracts) Senegal

Promote the MSA – done by CSOs who have led the work on the AWP Target the presidency for an institutional framework to address women’s rights including the MSA and getting the ministry of women affairs to implement this

limited resources; poverty Religious resistance to women’s rights

To get experts on gender issues Emulate countries where the MSA has succeeded Should get the support of the Senegal president and show him the benefit of adopting the AWP Have to get statistics on discrimination against women Public Sensitization also through the media Map sectors Advocate for earmarking of resources for women’s rights Institute a technical team- engage women’s orgs and academicians

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Togo

Enlighten the minister of women affairs on need for Multi Sectoral Approach to speed implementation of the Protocol Enlighten other stakeholders on the Multi Sectoral Approach Establishment of high level coordination mechanism Should push for prioritizing women’s issues in national development plans

Wrong interpretation of the 5 components of the MSA Difficulty to make other ministries accept the repositioning of the ministries of gender ministriesmay be difficult to get other ministries involved- perhaps need a higher level ministry to do this

Financial resources- for consultants (support mechanism and advocacy expertise etc) Build capacity of various personnel in gender sensitive budgeting Relevant human resources and expertise

Institute an M&E mechanism Technical and advisory services Appoint consultant as per terms of reference drawn by committee on M&E

Integrating women’s needs in budgeting- need those skilled in gender budgeting to all ministries and including finance- build this capacity Also build capacity of CSOs There are 9 identified pilot ministries in Togo- should capacitate them for gender budgeting and use this as an example on how it can be done. If successful, can replicate to other ministries

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Annex 4 Conference Program Day 1 9:00- 9: 45

10:00- 11:30

Sessions Opening Ceremony Mrs. Litha Musyimi-Ogana (AU Gender Director), Faiza Mohamed (Equality Now/SOAWR) UNIFEM Resident Coordinator, UN System in Rwanda; Development Partners Government of Rwanda GUESTS LEAVE Session 1: Chair: Government of Rwanda Introducing the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the role of the African Commission on Human and Peoples’ Rights Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women, ACHPR Summary on the status of domestication and implementation of the AU Protocol on the Rights of Women and necessary reforms and actions based on previous sessions – Solome Nakimbungwe Plenary Discussions

11:00-13:30

COFFEE BREAK Session 2: Chair: Government of Mali Challenges to domestication and implementation of the AU Protocol on the Rights of Women - Representatives from Governments of Rwanda, Senegal, Cape Verde Presentation on state capacity assessment in implementing the AU Protocol on the Rights of Women in Liberia, Nigeria and Tanzania (OGB Consultants) Plenary Discussions and sharing of experiences

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LUNCH

14:45- 16:30

Session 3: Chair: Government of Ghana Presentation on tools for the domestication and implementation of the Protocol including the model framework for a multisectoral approach - Florence Butegwa, UNIFEM Representative to AU and UNECA Plenary Discussions COFFEE BREAK

16:45-18:00

Session 3: Small Groups (3) Brainstorming and sharing of country experiences with multisectoral approaches (e.g. HIV and AIDS): issue and objectives, leadership, coordination, achievements and challenges CLOSING OF DAY 1

Day 2 9:00-10:30

Session 1: Chair: Government of Togo Group reports Plenary Discussions

COFFEE BREAK 11:00-13:00 Session 2: Chair: Nigeria Accelerating the domestication and implementation of the Protocol: Some idea for national action - Taaka Awori, International Gender expert General Discussions Small groups: Key elements of country action plans for domestication and implementation of the Protocol

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LUNCH 14:15-15:15

Group work continues

15:15-17.15

Session 3: Chair: Government of Liberia Feedback from groups General Discussions COFFEE BREAK and CLOSING OF DAY 2

Day 3 9:00-10:30

Sessions Session 1: Chair: Djibouti The role of civil society in the domestication and implementation of the Protocol – Faiza Mohamed, Equality Now

11: 00-12:00

Plenary Discussions COFFEE BREAK Session 2: Lead facilitator Rolling out the action plans: Anticipated challenges and strategic responses

11:00- 12:00

Session 4: Chair: Guinea Bissau Revisiting the Action Plans (group work) Feed Back and General Discussions

12:00-13:00

Drafting of report LUNCH

16: 00-17:00 19:00

Adoption of report CLOSURE OF THE MEETING Cocktail/Reception

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Annex 5 List of Participants for the Stakeholder’s meeting on the domestication and implementation of the AU Protocol on the Rights of Women in Africa, 15-19 July 2009, Kigali, Rwanda No

Name

Contact information

GOVERNMENT REPRESENTATIVES 1

Samira Ismail ABDOU

Ministére de la promotion de la femme (Directrice de la du Genre) Tel : +253-872122/352775 Email : [email protected] Djibouti

2

Patricia KAMARA

Ministry of Gender & Development (Official/représentative) Tel : Email : [email protected]

3

ILBOUDO,SAWADOGO R. CLEMENCE

Liberia Ministére de la promotion de la femme (la secretaire Génerale) Tel : +226-70248653 Fax : +226-50306598 Email : [email protected]

4

Catherine AGOSSOUVO

Burkina Faso Ministére de la Famille et SolidariteNationale Directrice de la promotion de la femme et Genre Tel : 22921310971/22997376466 Email : [email protected] / [email protected] Benin

5

Bintou GASSAMA

Office of the Vice President and Department of State for Women’s Affairs Assistant Director, Programmes and Projects at the Women’s Bureau) Tel : 220 422 7605 Fax : 220 422 4401 Cell : 2209815564

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Email : [email protected] Gambia 6

Grace IQUO ANIEFON AKPABIO

Federal Ministry of Women Affairs Deputy Director Gender/Women Affairs Tel :+234-8036159898 Email : [email protected] Nigeria

7.

Mr. Abdulmumin Adam KHALID

Federal Ministry of Women Affairs and Social Development, Abuja Tel: +234-7025331851 Email: [email protected] Nigeria

8.

Richard Geofrey GAISEY

Ministry of Women and Children’s Affairs(Director, PPME) Tel : 233 21 669832 Fax : 233 21 688182 Email : [email protected] Ghana

9.

Diane Mariam Kone

Ministere de la promotion de la femme, de la ľ Enfant et de la Famille (Directice) Tel : +223 -20220158 Fax : +223 222 7524/223-20227524 Email : [email protected] Mali

10.

Christiane UMUHIRE

Minister’s office in charge of Gender and Family promotion (In charge of Gender and Women Empowerment Minister in the Prime) Tel : +250 587127 Fax : +250 587127 Email : [email protected] Rwanda

11.

Ndéye Soukéye Guéye

Ministére Solidarité National Entreprenariat Féminin Micro Finance (Directice de la Famille) Tel :

48

Email : [email protected] Senegal 12.

TEBIE Mazalo Albertine

Ministere de ľ action sociale, de la promotion de la femme, de la protection de ľ enfant et des personnes âgées (D.G.G.P.F) Tel : +228 2213658/2282341574 Mobile : +2289166158 Email : [email protected] Togo

13.

Madame TALINA SILVA

ľ Institut Capverdinne pour ľ Égalité et Équité de Genre ICIEG(Technicien) Tel: +238- 2616271/2616756 Fax: +238- 2615263 Email: [email protected]; [email protected] Cabo Verde

14

Son Excellence, Ivana Dionquipa Mancabú

Ministere de la Solidarité Sociale, de la Famille et de la Lutte contre la Pauvreté (Secretaire Principal de la Ministre) Tel : +245 520 4785 Fax : +245 20 11 88 Email : [email protected] Guinea Bissau

15.

Son Excellence, IKILILOU DHOININE

Ministéere de la Santé, de la Solidarité et de la promotion du genre, Ministére de la Santé publique, de la condition Féminine et de la Population (Vice Président) Fax: +269 735077 Comoros

CIVIL SOCIETY ORGANIZATIONS PARTICIPANTS 16.

Saran Keita Diakite

Association des Juriste Maliennes Tel : +223-2218508 Email: [email protected] / [email protected] Bamako, Mali

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17.

Fatou Oumar NDIAYE

L’Association des Juristes Senegalaise Tel : +221-33-8232200 Mobile : +221776379425 Email : [email protected]/[email protected] Dakar, Senegal

18.

Marpue Speare

Women NGOs Secretariat of Liberia (WONGOSOL) Liberia Tel: +231 6654036/2316538043 Email: [email protected] / [email protected] Monrovia, Liberia

19.

Una Thompson

Women of Liberia Peace Network (WOLPNET) Tel: +231-6538933 Email: [email protected] Monrovia, Liberia

20.

Hadeeza Haruna

Women’s Rights Advancement and Protection Alternative (WRAPA) Tel: +234-9-4131438/4131676/4131741 Email: [email protected]/ [email protected] Nigeria

21.

Idalina Freire Gonçalves

Organisation des Femmes du Cap Vert (OMCV) Tel : +238-2612455/ +238-9927369 Fax: +2382612539/2611858 Email: [email protected] and/or [email protected] Cape Verde

22.

Pascal Zombré

Voix de Femmes Tel : +226-30315574 Email : [email protected] Burkina Faso

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23.

Scholastique Olowolagba Assogba

WiLDAF/FeDDAF – Benin Tél.: +229 21 30 69 92 Mobile: 229-95862069 Fax: +229 21 30 60 22 E-mail: [email protected]/ Benin

24.

Kafui Kuwonu

WiLDAF/FeDDAF –West Africa Tel: +228-222679 Email: [email protected]/ [email protected] Togo

25.

Zaina Nyiramatama

Hagaruka Tel: +250-252585909/788300834 Email: [email protected] www.hagaruka.org.rw Kigali, Rwanda

26.

Susan Ruboneka

Profemmes Tel: +250788410933 Email: [email protected] / [email protected]/ [email protected] Fax : 250-518480 Kigali, Rwanda

27.

Lydia Sackey Addy

Wildaf-Ghana Tel: +233-21-768349 Email: [email protected] / [email protected]

28.

Amie Joof Conteh

Accra, Ghana Female Lawyers Association of Gambia (FLAG) Tel:+220-4222728 Email: [email protected] Banjul, Gambia

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29.

Urcelina Elissandra Fernandes Soares da Gama Gomes

L'Institut des femmes et des enfants Tel: +245 607 66 02 Email: [email protected] Guinea Bissau

30

Hodane Idriss Abdullahi

Judge et Expert Tel:+253811975 Email: [email protected]

31

Chouhoura Abdallah

Djibouti Reseau National des Avocats du Genre Tel : +2693330423 Email : [email protected] Comoros

32.

Sarah Morison

Attorney Centre for Gender, Culture & Development at Kigali Institute of Education Email : [email protected] Kigali, Rwanda

33.

Jean Claude Rugera

Norwegian Peoples’ Aid-Rwanda Tel : 250-788557732 Email : [email protected] / jean.claude.rugera@nparwanda Kigali, Rwanda

34

Steiner Sundvoll

Norwegian Peoples’ Aid- Rwanda Tel : +250-788300899 Email : resep@npa-rwanda Kigali, Rwanda

35.

Hyacithe Budomo

Gender Advisor International Conference on the Great Lakes Region secretariat Tel: 257) 22 25 682/5/7 Email: [email protected] Bujumbura - BURUNDI

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AFRICAN UNION COMMISSION 36

Litha M-Ogana

African Union Commission Women, Gender and Development Directorate Tel: +251115511092 Email: [email protected] Addis Ababa, Ethiopia

37

Jeanne Flora Kayitesi

African Union Commission Women, Gender and Development Directorate Tel:+ 251-11551 7700 Ext. 215 Mobile: 251911567935 Email: [email protected] / [email protected] Addis Ababa, Ethiopia

UNIFEM 38

Florence Butegwa

Representative to the African Union and UNECA United Nations Development Fund for Women (UNIFEM) Tel: +251-11-5221067 (office) +251-913-202231 (cell) Email: [email protected] Addis Ababa, Ethiopia

39

Josephine Odera

Regional Programme Director UNIFEM Central Africa Regional Office Tel: +250 078 830 50 99 Email : [email protected] Kigali, Rwanda

40

Felix Rusake

UNIFEM Rwanda Tel: +250 078 830 50 99/ 590 466 Email: [email protected] Kigali, Rwanda

41

John Mutamba

42

Barbara Albrecht

Gender Specialist UNIFEM Central Africa Regional Office Tel : +250788504324 Email : [email protected] Kigali, Rwanda Programme Analyst UNIFEM Central Africa Regional Office Tel : +250-252590461 Kigali, Rwanda

53

SOAWR MEMBERS 43

Adama Cooper

Africa Centre for Democracy and Human Rights Studies (ACDHRS) Tel: 220-4462341/2 Email: [email protected] /[email protected] Banjul, Gambia

44

Norah Matovu-Winyi

African Women’s Development and Communication Network (FEMNET) Tel: +254-20-2712971/2 Email: [email protected] Nairobi, Kenya

45

Christine Butegwa

Akina Mama Wa Afrika ( AMwA) Tel: +256-414-543681 Email: [email protected] Kampala, Uganda

46

Mary Wandia

Oxfam GB Tel: +254-20-2820155 Email [email protected] Nairobi, Kenya

47

Lila Kiwelu

Oxfam GB Tel: +254-20-2820155 Email: [email protected] Nairobi, Kenya

48

John Cropper

Oxfam GB Tel: +44 (0) 1865 472364 Email: [email protected] Oxford UK

49

Tonieh A. Wiles

Oxfam GB-Liberia Tel: +231-6516303/77516303 Email: [email protected] [email protected] Liberia

50

Faiza Mohamed

51

Caroline Muthoni Muriithi

52

Mary Ciugu

Equality Now Africa Regional Office Tel: +254-20-2719913 Email: [email protected] Nairobi, Kenya Equality Now- Africa Regional Office Tel: +254-20-2719913 Email: [email protected] Nairobi, Kenya Equality Now- Africa Regional Office Tel: +254-20-2719913 Email: [email protected] Nairobi, Kenya

54

RESOURCE PERSONS 53

Jacqueline Asiimwe-Mwesige

Consultant P.O Box 11283 Kampala, Uganda

54

Taaka Awori

Gender Expert Tel: +233244310856 Email: [email protected] / [email protected] Accra, Ghana

55

Hilda Tadria

Facilitator Tel: +256-712236976 Email: [email protected] / [email protected]

56

Atieno Ndomo

Conference Rapportuer Email: [email protected]

55