3.2 Compliance, Legislative and Policy Actions in Response to ACDEG

Since 2007, when ACDEG was adopted, Africa has made significant strides towards opening up spaces for women. Several AU member states have put in place national laws and policies, as well as institutions such as ministries, commissions, and directorates that are responsible for advancing gender equality. These laws and policies include: constitutional reforms/amendments; the introduction of quota systems, gender equality, and women-friendly acts; and affirmative action measures. Illustrative of this are Burkina Faso’s (Ayeni, 2016) and Niger’s constitutional provisions reserving a certain number of parliamentary seats for women, and political parties in Namibia and South Africa that have adopted internal rules to ensure a certain percentage of women can vie for office (Bush, 2011; MEWC, 2016). Facilitated by these policy initiatives, the continent has made substantial progress towards the increased participation of women in decision-making structures. The number of women taking up key positions as prime ministers, vice presidents, house speakers, chief justices, and cabinet ministers has gone up incrementally (Belay, 2017). Several women now head powerful ministerial portfolios, such as finance in Nigeria and defence in Kenya & South Africa among others (Osei-Afful, 2014). Even more importantly perhaps, the number of women in parliament has increased significantly. Although this is but one of the markers of women in decision-making positions, it is one of the most common indicators thereof – and the easiest on which to find data.

Tables V and VI below detail the percentage of women in parliament in 2007, when, as noted, ACDEG was adopted; 2012 when it came into force; and in 2019, marking twelve years since its adoption. The two tables distinguish between those who are party to ACDEG and those who are not.

13

Of the 34 countries that have ratified ACDEG have fewer than 15% female participation in their parliaments.

7

Of the 34 countries have reached more than 30% women representation in their parliaments.

Of the 34 countries have less than 15% women representation in their parliaments.

6

While it is difficult to note any consistent trends from the tables with regards to women’s parliamentary representation among the fifty-five African member states, some aspects are nevertheless noteworthy. Only five of the twelve African countries that have surpassed the goal of over 30 per cent representation in parliament have ratified ACDEG. Furthermore, 13 of the 34 countries that have ratified ACDEG have fewer than 15 per cent female participation in their parliaments. In addition, even though approximately two-thirds of the countries who have ratified ACDEG have seen a considerable increase in their share of women parliamentarians in the course of the twelve years since ACDEG’s adoption, the remaining thirteen have witnessed a decline or stagnation therein. Out of the twenty-one countries that have not ratified ACDEG, on the other hand, seventeen have seen an increase in the number of women parliamentarians, while three have shown a decrease.

Moreover, while seven (33.3 per cent) have reached 30 per cent women’s representation, six (28.5 per cent) have less than 15 per cent of their parliamentary seats occupied by females. Looking at these figures, it is difficult to assess ACDEG’s precise impact on the representation and participation of women in African political life. This is for many reasons, including the inability to relate the gains made so far solely to the Charter. Moreover, it would be highly desirable to consider indicators other than parliamentary seats – including the existence/ absence of women-friendly legislation/ measures implemented by state parties. This indicates the need for further interrogation of the matter in question, in order to better ascertain the relationship between the current political landscape for African women on the one hand and ACDEG and the instruments that preceded it – most importantly the Maputo Protocol – on the other.

Table IV: Women’s Parliamentary Representation in ACDEG State Parties

Date Deposited ACDEG Average percentage of women in parliament 2007 Average Percentage of women in parliament 2012 Average percentage of women in parliament 2019 Quota system in place?

Algeria Benin Burkina Faso Cameroon 10/01/2017 7.7

31.6 11/07/2012 10.8 8.4 06/07/2010 15.3 15.7 16/01/2012 13.9 13.9 06/03/2019 10.5 12.5 13/10/2011 5.2 14.9

Comoros Cote D’Ivoire Djibouti Ethiopia Gambia Ghana Guinea Guinea Bissau Lesotho Liberia Madagascar Malawi Mali Mauritania Mozambique Namibia Niger Nigeria Rwanda 06/01/2017 3.0 3.0

28/11/2013 8.9

10.4 22/01/2013 13.8 13.8 06/01/2009 21.9 27.8 04/02/2019 9.4 7.50 19/10/2010 10.9 N/A 11/07/2011 19.3 N/A 04/01/2012 14.0 14.0 09/07/2010 23.5 26.7 07/03/2017 12.5 11.0 13/04/2017 7.9 17.5 24/10/2012 13.0 22.3 02/09/2013 10.2 10.2 28/07/2008 22.1 22.1 09/05/2018 34.8 39.20 30/08/2016 26.9 24.4 08/11/2011 12.4 13.3 09/01/2012 7.0 6.7 14/07/2010 48.8 56.3 Saharawi Republic 27/01/2014 N/A Sao Tome and Principe 27/06/2019 7.3 N/A 18.20 28/09/2016 23.5 43.8 08/12/2009 13.2 12.4

South Africa 24/01/2011 33.0 42.3

South Sudan 13/04/2015 N/A 26.5

Sudan 16/09/2013 18.1 24.6 20/03/2012 11.1 11.1 08/07/2011 15.2 11.5 25.8 7.2 13.4 31.1 8.6 14.9 6.1 11.0 26.2 38.8 10.3 13.1 22.8 13.7 23.3 12.3 19.2 16.7 8.8 20.3 39.6 46.2 17.0 5.6 61.3 N/A 14.5 21.2 12.3 42.7 28.5 27.7 16.5 18.0 Yes No Yes Yes N/A No Yes Yes Yes Yes N/A No Yes No Yes No No Yes Yes Yes No Yes Yes No Yes No N/A No No Yes Yes Yes Yes No

Source: IPU Inter-Parliamentary Union Report (2007, 2012, and 2019) as quoted by Abdulmelik & Belay in Africa Spectrum Journal of 2019.

Table V: Women’s Parliamentary Representation in African Countries that have not Ratified ACDEG

Country Average percentage of women in parliament 2007 Average percentage of women in parliament 2012 Average percentage of women in parliament 2019 Quota system in place?

Angola Botswana Burundi Cape Verde Congo DRC 15.0 11.1 30.5 15.3 8.5 8.4

Egypt

2.0 Equatorial Guinea 18.0 Eritrea 22.0

Eswatini 10.8

Gabon 12.5

Kenya Libya Mauritius 7.3 7.7 17.1

Morocco Senegal Somalia Tanzania Tunisia Uganda Zimbabwe 10.8 19.2 7.8 30.4 22.8 29.8 16.7 38.20 7.90 30.50 20.8 7.30 25.0 N/A 10.0 22.0 13.6 15.8 9.80 N/A 18.8 17.00 22.70 6.80 36.00 26.70 35.00 15.00 30.0 9.5 36.4 23.6 11.3 10.3 14.9 20.0 22.0 7.2 17.9 21.8 16.0 11.6 20.5 41.8 24.4 36.9 35.9 34.9 31.9 Yes No Yes Yes N/A Yes Yes No Yes Yes N/A Yes Yes No Yes Yes Yes Yes Yes Yes Yes

Note: It is important to note that both Kenya and Tanzania had not ratified ACDEG according to IPU Report of 2019. This provides ground for WPP team to lobby both governments to reconsider and ratify the protocol.

Source: IPU: Inter-Parliamentary Union Reports (2007, 2012, 2019) as quoted by Abdulmelik & Belay in Africa Spectrum Journal of 2019.

3.3 Emerging Opportunities through the Implementation of ACDEG

Despite numerous provisions pertaining to the political rights of women throughout ACDEG, the lack of implementation of these commitments renders them moot. Article 44 thus calls on state parties to make true to their commitments by ensuring the harmonization and conformity of national laws and regulations with the Charter, thereby promoting political will and popularizing ACDEG (Article 44.1). It further calls on the African Union Commission to develop benchmarks to assess compliance, as well as promote “the creation of favourable conditions for democratic governance” (Article 44.2). These benchmarks are yet to be developed. Regional Economic Communities (RECs) are tasked, meanwhile, with the implementation and monitoring of the Charter, as well as enhancing buy-in to it – via the “massive participation of stakeholders, particularly civil society organizations, in the process” (Article 44.2). The only consequences of non-compliance specifically outlined in ACDEG include suspension, sanctioning, and trial in court. However these measures are limited to perpetrators rather than state parties, and are confined to unconstitutional changes of government – as outlined in Article 25. This essentially means that there are no sanctions for noncompliance with the numerous issue areas that ACDEG covers, and for possible violations or inactions on the part of the state party (Saungweme, 2007).

Following the November 2016 APDH versus Cote D’Ivoire ruling of the African Court on Human and Peoples’ Rights, however, there is now a precedent for taking cases to the court on the basis of violations of the provisions of the Charter (ACHPR Judgment, 2016). In the case of Cote D’Ivoire, it was possible for a non-governmental entity (APDH) to take the state to court due to the state’s declaration of Article 34(6) – which enables individuals and NGOs direct access to the courts (Ayeni, 2016). While there are only eight member states who have signed on to this declaration, this remains an entry point for women’s rights activists and organizations to find legal recourse – considering that AU organs or other member states can also take a case to court for any unsettled grievances within the precincts of this accord. Similarly, the ACDEG state reporting process also provides an opportune entry point to monitor and evaluate the level of compliance with the gender provisions of the Charter. The current AGA “Rules of Procedure,” to which the Guidelines for State Reporting are an annex, provide a good basis for this. They give the African Governance Platform as well as the Secretariat a specific mandate to ensure the robust engagement and participation of the citizenry – particularly women, youth, and civil society – in its various initiatives and programs (Rules 4d, 7g, Rules of Procedure of African Governance Platform, 2016). This work has begun, evidenced by the development of youth and women engagement strategies and the subsequent programming that emerged from both.

In addition to the Rules of Procedure, the Guidelines for State reporting provide further guidance and opportunities for women to engage throughout the process – from compiling the report, to its review, to even providing technical support following that review. For example, the Guidelines insist that state parties must put in place a multi-stakeholder national institutional framework, which will coordinate monitoring, reporting, and follow up on the implementation of recommendations that emerge from the process. While the Guidelines do not explicitly state the necessity of including women’s rights organizations, they do stress the inclusion of non-state actors – with a view to ensuring an inclusive, participatory, and diverse make-up to the group (Guidelines III/9, Guidelines for State Parties Reports under African Charter on Democracy, Elections and Governance (Annex 1 to Rules of Procedure, 2016). The Guidelines go further, asserting that the report must comprise information on the involvement and participation of women’s groups and minorities in compiling it (Guidelines VI/A/13(f)). This gives impetus to their involvement in the consultation process.

...It further calls on the African Union Commission to develop benchmarks to assess compliance, as well as promote “the creation of favourable conditions for democratic governance”...

Moreover, the initial report – mandatory for state parties reporting for the first time – should provide baseline data on the operating environment of non-state actors and regulatory frameworks in place; relevant instruments that have been ratified by the state party; and the status of reporting for that particular instrument. Noteworthy is the fact that the Maputo Protocol is included in the list of instruments to be reported on (Guidelines VI/A/13(c)). Furthermore, state parties are obliged to detail measures 156 Africa Spectrum 54(2) undertaken in line with the Charter – including providing disaggregated data and statistics on various areas including the political participation of women (Guidelines VI/B/ 14(e)). These measures facilitate the provision of gendered data from the state party, enabling an assessment of their compliance with ACDEG’s gender provisions. Indeed, the Togo State Report listed the women’s rights organizations that were part of its consultation process, had specific paragraphs pertaining to both women’s rights normative frameworks as well as policies in place, and identified the status of equity and gender equality in Togo.

Furthermore, gender-disaggregated data was used throughout the report (Togo Report 2017). Women, women’s rights organizations, and constituencies all have further opportunity to engage through interaction with the AGA Platform once the report has been submitted. Part of the process includes the convening of a pre-session for African non-state actors from the state party under review (Guidelines X/26). Working with other accredited civil society organizations (members of the ECOSOCC), FAWE WPP team can lead this process for Kenya and Tanzania, if and when the countries submit their reports, but in the meantime should push for the two governments to rise to the occasion and make their submissions. The fact that the guidelines specify that these African nonstate actors must be members of the AU’s Economic, Social and Cultural Council (ECOSOCC) is indeed limiting; however, it still provides a window of opportunity for those women’s rights organizations that are members of ECOSOCC to participate in the process, and can consult extensively as they do so. For those who are not, other possibilities to engage nevertheless still exist – including via a dialogue with the state party under review that can include “representatives of any relevant stakeholders,” who may be invited to “make oral and/or submit written statements” (Guidelines X/27).

The guidelines also make provisions for the AGA Platform to engage further with “relevant stakeholders” following the review of the state report and the dialogue for “continued collaboration and if need be for technical support” (Guidelines XI/34). Many of the provisions that allow for the engagement of civil society and more specifically women’s rights organizations in the state reporting process are indeed at the discretion of both state parties and AGA Platform members. Nevertheless, the provisions that exist currently in both the Rules of Procedure and its annex provide a good grounding for the meaningful engagement of women and women’s rights groups vis-a`-vis holding states accountable throughout the entire state reporting and review process. Considering that, as noted, only one state report has been received thus far, and no state report has yet been reviewed, this assertion can only be tested in future with empirical analysis – as it becomes available.

Chapter Four : Review Results on Constraints and Barriers to Strengthening WPP

4.1 Introduction and Regional Overview

According to UN Women two main obstacles prevent women from participating fully in political life. These are structural barriers, whereby discriminatory laws and institutions still limit women’s ability to run for office, and capacity gaps, which occur when women are less likely than men to have the education, contacts and resources needed to become effective leaders. Enhancing women’s political empowerment is dependent on a complex interplay of sociocultural, economic, and political factors. Indeed, ACDEG lays emphasis on the universality, interdependence, and indivisibility of human rights (Article 6) and makes provision for free and compulsory basic education and literacy for all – especially girls and women (Articles 43.1 and 43.2). State parties must ensure that measures to enhance women’s socio-economic status are part and parcel of efforts towards increased political participation. The introduction of day-care facilities in parliament, equal pay for work of equal value, and progressive policies that ensure women’s access, control, and ownership of resources are cases in point. Article 13 of the Maputo Protocol lends credence to this assertion in mandating states to “adopt and enforce legislative and other measures to guarantee women equal opportunities.” Complementary to this, Article 8 of ACDEG calls on state parties to “adopt legislative and administrative measures to guarantee the rights of women.” Both the Maputo Protocol and ACDEG rightly recognize the interconnected nature of rights – putting economic, social, and political rights side by side. Furthermore, by explicitly including a provision on literacy and education, there seems to be a recognition that failing to tackle these issues would by default marginalize women from electoral processes (Hassim, 2003).

Sustainable and all-around developments of a society cannot be brought about without the full and unreserved participation of both women and men in the development process, and such a balanced development should also call for the elimination of all forms of discrimination, and the protection against all forms of violence against women. Since 1985 both Kenya & Tanzania have been implementing CEDAW (Convention on Elimination of all forms of Discrimination against Women) which is an international agreement where countries have agreed to end all forms of discrimination against women. The Convention provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life – including the right to vote and to stand for election -- as well as education, health and employment.

Students from Daystar University, Kenya pose for a photo at the launch of the Intergenerational Mentorship Programme Photo Credits: FAWE RS

4.2 Socio-Cultural Barriers

In most communities in Tanzania like the rest of Eastern Africa, men and women substantially occupy different positions, most of which were culturally determined. In majority of the cases, due to skewed relations of power, women occupied and continue to occupy subordinate positions irrespective of developments made to date. Because cultures have their own organized systems which determine how members of that particular culture behave towards each other and towards their environment, they have the potential of empowering or dis-empowering men and women. There’s need to research and promote the aspects of the various cultures that promote women’s political participation and leadership. Religion has been singled out as the biggest culprit and beneficiary of women’s failure in political space. The power of religion in hindering women from acquiring leadership positions can be seen through cultural domination, bigotry and selfishness.

‘‘For example, in the Catholic Church and Islam, women cannot be priests and imams. The structure of most of the religious institutions is firmly grounded to undermine women’s leadership. The majority of women have been brainwashed to rather pray and seek leadership roles through prayers instead of giving them the platform to vie for leadership positions. To mitigate this, more women of faith can redefine leadership in their places of worship and provide valuable role models for young church leaders and pressure from within their faith practices to change discrimination against women. This can be done by including church leaders in women’s empowerment programs’, Onesmus Kipuyo, Senior Lecturer, University of Dodoma and Gender Consultant.