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2.6. Silencing the Guns in Africa by 2020
The AU implemented the Silencing the Guns in Africa by 2020 campaign to end human rights violations and humanitarian disasters and promote the prevention, management and resolution of conflicts in Africa. The campaign intends to integrate a gender focus, coming on the heels of the 20th anniversary of UNSCR 1325.40
2.7. AU Agenda 2063 and the SDGs
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Agenda 2063 “The Africa We Want,” adopted in 2015, contains seven aspirations, 20 goals and 39 priority areas and incorporates the 17 SDGs. It serves as the foundation for Africa’s socioeconomic and inclusive development. The First Ten-Year Implementation Plan of Agenda 2063 (2013–2023) was designed to guide Member States, RECs and AU organs as they prepare medium-term development plans.41 The AU Development Agency (AUDA–NEPAD), established in 2019, implements Agenda 2063 on behalf of the AU.
The Network of African Women in Conflict Prevention and Mediation (FemWise), an AU initiative, promotes women, peace and security agenda in Africa. It is significant in the AU’s efforts to meet Agenda 2063’s target on Silencing the Guns. FemWise seeks to consolidate African women’s roles in conflict prevention and mediation efforts within the African Peace and Security Architecture (APSA). FemWise’s focus is on mentoring, building capacity and deploying women to support conflict management measures on the continent.42
By 2018, 30% of the 24 AU Member States that had launched the campaign had enacted laws to advance its implementation, 41% had developed national strategic plans to address child marriage, with 55% also establishing a national inter-sectoral coordination mechanism.
Part III
UNITED NATIONS INITIATIVES ON GENDER EQUALITY
The United Nations has introduced important initiatives on gender during the decade 2010 – 2020; they include:
1. UN Women
Created in July 2010, UN Women leads, coordinates and monitors the work on gender equality done within the UN system. UN Women works to set standards for gender equality and together with governments and civil society in the domestication and implementation of these standards through laws, policies, programmes and services. It also works to achieve the SDGs.
In Africa, UN Women focuses on providing technical and policy advice, generating knowledge, and developing tools and capacity to support country-level programming. They have focused on issues of importance to women and girls, such as leadership and political participation, women’s economic empowerment, ending violence against women, and peace and security.
2. Sustainable Development Goals (SDGS)
Adopted in 2015, the 2030 Agenda, consisting of the 17 Sustainable Development Goals (SDGs), represents a universal call to action and provide a framework for addressing poverty, inequality, climate change, environmental degradation, peace and justice. The aim is to achieve the SDGs by 2030.
SDG 5 focuses explicitly on achieving gender equality and the empowerment of women and girls. Its targets include; ending all forms of discrimination against all women and girls; ending all forms of violence against women and girls; eliminating harmful practices; valuing unpaid care and domestic work; ensuring full and effective participation and equal opportunities for leadership and decision-making; and ensuring universal access to sexual and reproductive rights.43 Achievement of SDG 5 is integral to the realisation of all SDGs.
Despite the progress made towards achieving the SDGs, global issues, such as the climate crisis, conflict, inequality and GBV, are slowing down its progress. Therefore, in 2019, the UN called the Decade of Action (2020-2030) to accelerate sustainable solutions to the development challenges outlined in the 2030 Agenda.44
The Flagship Programme Initiative Making Every Woman and Girl Count was launched in 2016 to run till 2020. It aimed to effect a radical shift in the production, availability, accessibility and use of quality data and statistics on key aspects of gender equality and women’s empowerment.45 The programme sought to achieve this goal through publicprivate initiatives at the national, regional and international level. These initiatives provide an opportunity to monitor the implementation of the gender equality commitments made in the 2030 Agenda for Sustainable Development.
4. Generation Equality Forum
Generation Equality Forum is a civil society-centred, multi-stakeholder forum for gender equality convened by UN Women and co-chaired by the governments of France and Mexico. It aims to globally achieve immediate and irreversible progress towards gender equality and women and girls’ empowerment through a set of concrete, ambitious and transformative actions.46 Due to Covid-19, the meeting was rescheduled from May and July 2020 to the first half of 2021.
To scale up action and achieve tangible results, the Forum Created partnerships called “Action Coalitions.” Among the Action Coalitions’ themes are gender-based violence, bodily autonomy and sexual and reproductive health and rights, feminist action for climate justice, and technology and innovation for gender equality.
5. Spotlight Initiative
Launched in 2017 by the UN and the European Union, the Spotlight Initiative places the elimination of violence against women and girls at the centre of efforts to achieve gender equality and women’s empowerment as per SDG 5. On the African continent, the Initiative aims to eliminate SGBV, including harmful practices, and to support existing initiatives to end FGM and early/child marriage.47
Part IV
AU REGIONAL ECONOMIC COMMUNITIES
The AU recognises eight Regional Economic Communities (RECs): the Arab Maghreb Union (AMU), the Community of Sahel– Saharan States (CEN–SAD), the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD) and the Southern African Development Community (SADC). The RECs differ in the mandates and structures. The RECs are considered essential players in promoting, implementing, assessing, and monitoring gender equality and women’s rights. They vary in roles, commitments and progress in realising women and girls’ rights in Africa.
Of the eight RECs, five (ECOWAS, COMESA, EAC, IGAD, SADC) maintain a gender department. These vary in mandate and capacity.
All RECs, except for AMU and CEN-SAD, have gender budgets.
There is limited information about the activities of AMU and CEN-SAD. In particular, there is a lack of information on any reforms related to gender equality and women’s empowerment mechanisms. However, there are signs that the AMU Secretariat is becoming more active. At the time of writing, it is unclear if plans exist to adopt a women’s rights agenda and include a gender perspective in future policies and strategies.
1. Women’s Rights Mechanisms
Most RECs have established gender equality and women’s rights mechanisms such as treaties, laws, policies and campaigns. These focus on different areas, such as women’s economic empowerment, political participation, education, agriculture, food security, VAW, SRHR and peace and security. Some of the key mechanisms include:
The establishing treaty (founding treaty) of COMESA, EAC, ECOWAS, IGAD, and SADC provides for gender equality and women’s empowerment commitments.
Four RECs have adopted binding commitments on gender. They are COMESA (Revised Gender Policy of 2016), EAC (Gender Equality Bill), ECOWAS (Supplementary Act of 2015),
and SADC (Protocol on Gender and Development). These frameworks align with Agenda 2063, the SDGs, and other continental and international commitments and frameworks.
Most RECS have introduced gender policies as well as strategies addressing specific areas such as HIV/AIDS and VAW. Three RECs adopted plans and strategies on women, peace and security: ECOWAS (Dakar Declaration on the Implementation of UNSCR 1325 along with its Regional Action Plan), IGAD (Regional Action Plan for Implementation of UNSCRs 1325 and 1820), and SADC (Regional Strategy on Women, Peace and
Security 2018–2022).
The courts of COMESA, EAC, ECOWAS and SADC take gender cases. Notably, the ECOWAS
Court of Justice allows an individual to bring a claim directly to the Court. Thus, the
Court contributes to the promotion of women’s rights and gender equality.
2. Strengths, Challenges and Gaps at The Continental Level
There is an opportunity to develop frameworks and commitments on gender equality and women’s empowerment in others.
A review of the RECs indicates that opportunities for civil society organisations to participate and engage varies. Civil Society Organisations may be accredited to EAC,
ECOWAS, IGAD and SADC. EAC has a formal framework dedicated to CSO and private sector engagement: The Consultative Dialogue Framework (CDF). The SADC
Secretariat signed a memorandum of understanding with the SADC Council for NGOs to promote engagement with CSOs. From the sources consulted, CSO engagement appears to be limited in AMU, CEN-SAD, COMESA and ECCAS.
Four of the RECs (EAC, ECOWAS, IGAD and SADC) have formulated monitoring mechanisms to track progress on gender commitments.
Overlapping membership, weak political will and limited resources and capacities hinder the work on gender equality and women’s empowerment in many RECs.
3. Recommendations
Develop and adopt women’s rights and gender equality frameworks and/or strengthen the implementation of existing such frameworks. These should be in line with continental and international gender commitments.
Strengthen institutional capacities and resources in the implementation of gender commitments. RECs should establish or strengthen regional courts to advance women’s rights and gender equality.
Adopt gender-responsive budgets and implement mechanisms to ensure consistent contributions of Member States.
Develop mechanisms to monitor accountability and implementation of women’s rights and gender equality frameworks and commitments.
Implement or strengthen opportunities and consultative frameworks to enable CSOs, particularly women’s rights organisations and advocates, to engage and participate in developing gender policies, programmes and projects and monitoring State compliance.
Part 5
ANALYSIS AND REGIONAL REVIEW OF THE AFRICAN WOMEN’S DECADE THEMES
1. Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship, Finance and Gender Budgeting
Goal 1 of the AWD aims to promote women’s economic empowerment and entrepreneurship, fight poverty, and increase access for women to financial resources. The objectives include attaining equal opportunity in employment, promoting parity at the workplace, and creating employment and services by supporting women entrepreneurs, particularly in the informal sector.
The Maputo Protocol guarantees women equal opportunities in work, career advancement and other economic opportunities (Article 13). It calls on States Parties to promote the right to equal pay for work of equal value and combat sexual harassment in the workplace. To reduce poverty among women, States Parties shall promote women’s access to credit, training, skills development and extension services for all women (Article 19.d.).
The AU has adopted various mechanisms to advance women’s economic empowerment and entrepreneurship and reduce poverty at the continental level. The AU declared 2015 the Year of Women’s Economic Empowerment. Agenda 2063 includes objectives to full parity, with women holding 50% of managerial positions in the private sector and enhancing access to financial resources. The AU Strategy for Gender Equality and Women’s Empowerment 2018–2028 promotes economic empowerment and financial inclusion. The goals of the AWD 2020–2030 on Women’s Financial and Economic Inclusion include making financial services available, accessible and affordable, especially for women in rural areas, and improving and increasing access to infrastructure, technology and capacity-building.
1.1. Key Legal, Policy and Institutional Reform
African countries have introduced legal, policy and institutional reforms throughout the AWD to promote women’s economic empowerment and to fight poverty. Several countries adopted constitutional provisions on women’s economic empowerment. These include the right to work and the right to equal remuneration for equal work, equal right to benefits and property and
eliminate discrimination in employment based on gender The 2013 Constitution of Zimbabwe stands out as it also provides for three months of fully paid maternity leave.
Across the continent, countries also introduced laws that, at least in one way or another, sought to improve women’s economic empowerment. Among those reforms is legislation that:
Prohibit discrimination in employment and impose criminal penalties on persons committing such acts, such as in Algeria, Tanzania and Uganda. Other laws require employers to put in place a sexual harassment policy.
Guarantee the right to equal remuneration for work of equal value and/or protect women in the workplace.
Provide for paid maternity leave and protect expectant mothers in the workplace. Some countries also introduced paid paternity leave.
Provide for the equal right to property and inheritance.
Other reforms include removing barriers for women seeking to start businesses (DR Congo), discrimination in access to credit based on gender (Guinea) and inheritance (Egypt). Many countries also took steps to institutionalise gender-responsive budgeting.
Most African States have undertaken policy reforms to fight poverty and promote women’s economic empowerment and entrepreneurship. Countries have often included advancing women’s economic empowerment, opportunities and entrepreneurship as strategic objectives in their national gender plans or national development strategies. Several countries have introduced plans, such as national employment strategies, to advance and strengthen women’s employment and training. Other policy reforms gender responsive-budgeting (GRB).
Several countries also have implemented strategies seeking to reduce poverty and increase opportunities and income-generating activities for women. Others have included objectives on poverty reduction in their national policies on gender and development.
During the African Women’s Decade, countries have also introduced institutional reforms that improved women’s economic empowerment, increased access to financial resources and employment opportunities and promoted female entrepreneurship. Some countries introduced opportunities that increase women’s access to financial resources, such as providing interestfree loans, creating funds or establishing micro-credit schemes. Important court rulings advanced women’s right to property (Eswatini, Ghana) and protection against discrimination (Lesotho).
1.2. Key Challenges and Gaps
Not all countries have laws that guarantee equal remuneration for work of equal value.
As a result, gender pay gaps remain. In countries where legislation on equal pay exist, implementation is often weak and inconsistent.
Many African countries have not yet implemented GRB, and there is a lack of data on gender allocations in national budgets.
In many countries, women do not have legal protection against discrimination in access to financial resources such as credit and loans and inheritance and property rights.
More women than men live in poverty. Barriers, some of which are social, others cultural, contribute to the feminisation of poverty across the continent.
While all countries, except the Sahrawi Arab Democratic Republic (no data found), provide for paid maternity leave, not all provide paid paternity leave. Moreover, where paternity leave is available, it is often very short. Thus, women continue to shoulder the responsibility for family and home, and their unpaid care work goes unrecognised.
1.3. Recommendations
Repeal any laws or legal provisions that discriminate against women in obtaining equal opportunities in employment, equal pay and access to financial resources, and that thus prevent women from realising their economic rights and opportunities for entrepreneurship.
Adopt and promote programmes and projects that support female entrepreneurs and help them develop and grow small and medium enterprises. These efforts must also cover women in the informal sector and women in vulnerable and marginalised groups, such as women in rural and remote areas, women with disabilities, older women and widows.
Implement laws and services that enable women to participate equally in the workforce and reduce the burden of care placed on female workers. These measures should include providing paid maternal and paternal leave and childcare.
Entrench innovative, participatory, targeted and decentralised approaches to effectively address women’s economic empowerment through entrepreneurship and export-led manufacturing and gender budget initiatives as a vehicle for economic diversification and employment creation.
Support the development of opportunities and capacities for networking possibilities for female entrepreneurs to help mentor young women and to promote better access to financial services and other resources, including collaboration.
2. Governance, Legal Protection and Women in Decision-making
The Maputo Protocol, under articles 8 and 9, guarantees the right of women to participate equally in governance, political and electoral processes at all levels and enjoy legal protection. These articles also enshrine the principles of equality and non-discrimination.
Two goals of the AWD specifically focused on women in politics and decision-making. Goal 7 (concerning governance and legal protection) sought to, among others, support women’s participation in political and electoral processes in countries where elections were held during the Decade. Goal 9 (on women in decision-making positions) aimed to implement the AU parity and ensure equal opportunities for women in decision-making positions in the legislature, judiciary and executive.
Over the Decade, the AU implemented several initiatives in line with the two AWD goals. The 2018 Parity Decision requires the AU Commission to achieve 50/50 gender representation and have 30% of youth representation by 2025. Agenda 2063 and the AU Strategy for Gender Equality and Women’s Empowerment also reflect the commitment to implementing the AU gender parity principle and achieving women’s empowerment in governance and decision-making. To contribute to the effective implementation of the AU’s mandate in gender equality and women’s empowerment, in 2020, the AU launched the three-year Action Plan on Women in Governance and Political Participation: Enhancing African Women’s Role in Leadership.
2.1. Key Legal, Policy And Institutional Reform
Over the Decade, African countries enacted legal reforms that have a bearing on women in governance and decision-making positions. 23 countries adopted constitutional reforms, of which many prohibit discrimination based on gender and guarantee the right to vote and stand for election. Others guarantee the right to equal participation in politics and decision-making. Some countries, including Burundi, Egypt, Rwanda and South Sudan, ensure a certain percentage of seats in elected bodies to women in their respective constitutions. The constitutions vary in the percentage of seats allocated to women. They also differ in whether the quota applies to all levels of governance.
Many countries have enacted laws that aim to increase women’s political participation and representation in governance and decision-making positions, such as establishing quotas. These vary from 20% to 50% and, while some apply only to national parliamentary elections, others also apply to local elections. Some laws reserve seats for female representatives in national and/ or local elected bodies (Benin, Djibouti). At the same time, other countries, including Liberia, the Republic of Congo, and Egypt, specify the number of women candidates on party lists. In Lesotho, the amended legislation requires parties to use “zebra” party lists
alternating between male and female candidates. Other laws obligate the State to ensure equal opportunities for women to participate in all electoral processes or decision-making at the local levels.
Most African countries introduced policy reforms to increase women’s representation in governance and decision-making processes. Most commonly, countries included strategies to achieve these goals in their national gender policies and procedures. Some plans aim to increase women’s participation at all levels by providing training and information (Gambia). Others seek to achieve 50/50 representation (Uganda) or commit to having a certain percentage of women serve in national parliament by a specific date (Lesotho.) Some countries have introduced special or affirmative action measures on women’s inclusion in decision-making.
Several countries established focal points and gender departments with mandates to increase women’s representation in decision-making and leadership positions. Some initiatives established funds (Morocco, Niger) or other financial resources to facilitate women’s access to and participation in politics. Other countries provided training and capacity-building for women in leadership positions.
2.2. Key Challenges and Gaps
Many countries do not have legislated quotas. In countries where quotas exist, these do not always extend to all levels of governance and decision-making. Moreover, commitments to increase female representation are often inadequately enforced.
Progress on women’s representation in decision-making, such as in national parliaments, is uneven across the continent. While some countries have made significant advancements and have achieved or exceeded 50/50 representation, in others, women are underrepresented.
Traditional views on gender roles prevent women from fully and equally participating in political life in the Central African region. Female candidates also face institutional barriers that marginalise or exclude them. Political parties prefer male candidates, and frequently female candidates are only included to fulfil a legal obligation. Lack of financial resources and support from political parties also negatively impact the number of women who may run for elected positions.
2.3. Recommendations
Implement and enforce quotas to provide equal opportunities and increase women’s political participation in national and local decision-making bodies, ministerial positions and the judiciary, and in representing the national government at the regional, continental and international levels. These efforts should be in line with the AU parity principle.
Increase access to financial resources and support women in the electoral processes to ensure their equal participation and representation.
Adopt and implement mechanisms to monitor compliance with commitments to increase and advance women’s representation and participation in governance and decision-making processes and identify challenges and gaps in achieving these goals.
Strengthen training, awareness and empowerment programmes to include the participation of women in governance structures, political leadership and decisionmaking positions.
Implement laws that prohibit violence, sexual harassment and abuse of female candidates and voters during the electoral process. A robust judicial system should accompany the laws whereby women candidates and voters can seek redress for violations.
3. Sexual and Reproductive Health Rights,
Maternal Health and HIV/AIDS
Over the AWD, progress has been made on women’s health in Africa. In 2017, 46 countries reported spending at least 15% of government expenditure on health, as set out by the Abuja Declaration. However, challenges remain. Cardiovascular diseases, for example, are now the leading cause of death among women in Africa. The continent has the highest rates of maternal mortality globally, and African women account for more than 75% of new female HIV/AIDS cases worldwide.48
The Maputo Protocol guarantees women the right to health, including sexual and reproductive health (Article 14). It also obligates States to provide health adequate, affordable and accessible health services to women and protect the reproductive rights of women, authorising medical abortion in cases of sexual assault, rape and incest and where the pregnancy endangers the mothers’ mental and physical health or the life of the mother or foetus.
Goal 3 of AWD aimed to improve women’s health, reduce maternal mortality and address the unequal burden of HIV/AIDS on women and girls in terms of infections, spread and increased workload, as well as unequal access to antiretrovirals (ARVs), good nutrition and formal medical services.49
To that end, the AU and its Member States have developed frameworks addressing women’s health, maternal health, SRH and HIV/AIDS. Among the initiatives is the 2015 Revised Maputo Plan of Action for the operationalisation of the Continental Policy Framework on SRHR 2016–2030. It sets out a progressive framework for the achievement of universal access to SRHR services on the African continent.50 It also aligns with Agenda 2063, as well as the Common African Position to “end preventable maternal, new-born, child and adolescent deaths, expand contraceptive use, reduce levels of unsafe abortion.”51 In 2019, a new health financing initiative was launched at the Africa Leadership Meeting: Investing in Health to help deliver increased, sustained and more impactful financing for health across Africa.
3.1. Key Legal, Policy and Institutional Reform
Over the AWD, many African countries adopted legal reforms on women’s health, SRH, maternal health and HIV/AIDS. Most commonly, constitutional reforms provide for the right to health or health care and, in some instances, articulate the State’s role in ensuring this right. In some countries, including Burundi, Kenya and Sudan, the respective constitution provides for SRH, maternal health and HIV/AIDS. For example, under the 2019 Constitution of Sudan, the State must provide free healthcare for motherhood, childhood and pregnant women.52 The 2013 Constitution of Zimbabwe affirms women’s SRHR, including the right for women to make decisions about reproduction and the right to access reproductive health care.53
Several countries enacted legal reforms to increase access to sexual and maternal health care for all persons, including marginalised groups, by implementing universal medical coverage. Some countries adopted or amended legislation on access to abortion that either expanded or reduced access to abortion. In some instances, the reforms provided for abortion on request within the first 12 weeks of pregnancy for any reason (Mozambique). In others, while the reforms reduced the penalties and provided for exemptions in imprisonment for abortion, access to free and safe abortion remain limited (Rwanda.) In others, the reforms recognised reproductive health care as a universal human right by providing access for women to reproductive health services, such as modern contraceptive methods.54 Some countries enacted laws that criminalise transmission and non-disclosure of HIV; others provide for increased protection of persons living with or affected by HIV, such as prohibiting discrimination towards persons living with or affected by HIV.
African countries have implemented policies to improve access to SRH, maternal health and HIV/AIDS services and care throughout the Decade. 46 countries in Africa have launched the Campaign for accelerated reduction of maternal mortality (CARMMA) at the national level.55 Some strategies include strategic objectives to increase contraceptive prevalence and improve access to family planning for all. As a result of these initiatives, contraceptive prevalence has increased in many countries, including Benin and Ghana. Other strategies sought to enhance the availability and quality of sex education.56 Furthermore, most countries have also adopted national HIV/AIDS strategies that address the needs of women and girls and prevent motherto-child transmission (PMTCT). Of these, several align with the 90–90–90 HIV treatment targets (90% of people living with HIV know their HIV status, of whom 90% are on antiretroviral treatment and of whom 90% are virally suppressed) by 2020.57
During the Decade, some countries also implemented institutional reform to reduce inequalities in access to health care and to increase awareness. Initiatives include expanding social health insurance, conducting sensitisation sessions on SRH and adding trial modules on SRH to the school curriculum.58
3.2. Key Challenges and Gaps
Access to safe abortion in many countries remain restrictive, which endangers the lives of women and girls. In some countries, abortion is prohibited altogether, while others provide exceptions in line with Article 14 of the Maputo Protocol.59
Investment in health care, such as SRH, maternal health and HIV/AIDS, is a challenge in many countries, as the health sector is underfunded. Some countries allocate only a small percentage of the national budget to health care, particularly women’s health.
Many countries also face a shortage of skilled health workers.
Despite progress in lowering infection rates, those of women are higher than among men in many countries. A lack of awareness of HIV transmission and prevention and other sexually transmitted diseases and the low use of contraceptives are some of the contributing factors. Moreover, not all countries criminalise the transmission of HIV or prohibit discrimination based on HIV.
In many countries, political instability and conflict impeded legal, policy and institutional reform on SRH, maternal health and HIV/AIDS responses regarding critical care and services. It also makes accessing health care a dangerous endeavour, especially for women and girls.
3.3. Recommendations
Invest in health information systems and health data to promote the accurate and timely collection and analysis of disaggregated health data by sex and other variables.
Prioritise and strengthen national and regional health research capacity, focusing mainly on non-communicable diseases and mental health. These efforts should include promoting women as health researchers more broadly and women in senior leadership positions within research institutes.
Improve support for the health care workforce, especially nurses and other frontline health workers, such as community health workers. This includes identifying and working to address gender discrimination and inequalities within the health workforce that lead to health system inefficiencies and adverse health outcomes.
Enact and implement comprehensive policy and legal frameworks on SRH rights and
HIV/AIDS that improve access for all women to SRH care services such as contraception, safe abortion and medications for women and girls living with HIV/AIDS.
Improve financing for health and ensure health budgets are gender-responsive and gendersensitive.
4. Violence Against Women and Harmful Practices
Violence against women (VAW) and girls is prevalent in private and public spaces across the African continent. Many girls and women are subjected to harmful practices. These negatively affect women and violates their human rights.
The Maputo Protocol prohibits all forms of violence against women and girls. It defines VAW as all acts perpetrated against women that may cause them physical, sexual, psychological and economic harm and that take place in private or public life, in peace times and during situations of armed conflict or war. Harmful practices are defined as all behaviour, attitudes and/or practices that negatively affect the fundamental rights of women and girls, such as their physical integrity. Article 5 calls on States Parties, among others, to prohibit and condemn all forms of harmful practices that adversely affect women’s human rights.
Over the Decade, the AU prioritised ending GBV in Africa, as reflected in its work. These include the AU Gender Strategy 2018 – 2028, the Solemn Declaration on Gender Equality in Africa and Agenda 2063. The AU also launched two campaigns to accelerate ending harmful practices and raise awareness: The Continental Initiative to End Female Mutilation and the Campaign to End Child Marriage.
Harmful practices are defined as all behaviour, attitudes and/or practices that negatively affect the fundamental rights of women and girls, such as their physical integrity. Article 5 of the Maputo Protocol calls on States Parties, among others, to prohibit and condemn all forms of harmful practices that adversely affect women’s human rights.
4.1. Key Legal, Policy and Institutional Reform
More than half of the African countries adopted constitutional provisions that are considered important in prohibiting VAW and protecting women and girls from harmful practices and early marriage. They include provisions that prohibit inhumane and degrading treatment, such as trafficking and slavery, guaranteeing protection from violence, and eliminating all forms of VAWG, including rape. Other constitutional reforms set the legal age of marriage at 18 (Malawi, Zimbabwe), and explicitly prohibits forced marriage (Burundi, Guinea) and guarantee the right to marry based on the parties’ free consent (Kenya, South Sudan.). In some countries, including Chad, Côte d’Ivoire and Guinea, constitutional provisions prohibit FGM.
Most countries adopted legislation aiming to eliminate harmful practices and eradicate VAWG. Several countries, including Angola, Liberia and Uganda, enacted legislation prohibiting domestic violence. A majority of countries prohibit domestic violence under the law. Some countries have adopted legislation specifically prohibiting early or forced child marriage. Some countries adopted laws prohibiting and criminalising FGM, while others made changes to the penal code relevant to protecting women and girls from harmful practices, such as FGM.
Other legal reforms include strengthening provisions concerning sexual harassment and rape. Some countries, including Mozambique, Sierra Leone and Lesotho, criminalise marital rape. Fifteen countries (Angola, Chad, Côte d’Ivoire, Djibouti, Eswatini, Gambia, Ghana, Lesotho, Namibia, Rwanda, Seychelles, South Africa, South Sudan, Sudan and Zimbabwe) enacted laws that prohibit trafficking. These reforms differ in scope, with some banning all forms of trafficking, such as human trafficking, sexual exploitation, and forced labour and the penalties imposed.
Countries across Africa have adopted policy reforms to eradicate harmful practices and combat violence against women and girls over the Decade. While several countries introduced national strategies, they vary in scope. Some various forms of violence include sexual, physical, domestic, emotional and psychological violence, as well as harmful cultural practices and human trafficking (Kenya). Other countries launched strategies explicitly focused on combating harmful practices such as human trafficking.
During the Decade, 28 countries held national launches of the AU Campaign to End Child Marriage.60 Some also undertook national strategies, primarily aimed at combating early and child marriage, while others focused on VAW or FGM. Further institutional reforms include holding training sessions for law enforcement institutions such as the police and the judiciary on domestic violence, sexual violence and VAW policies and laws. Some countries have increased the protection of and services for victims of trafficking by providing shelters. Several countries have strengthened institutional mechanisms by introducing new departments or courts with a specific mandate relevant to combating violence against women and harmful practices, such as FGM and trafficking. Important judicial rulings on, for example, marriage, child marriage and marital rape strengthened women’s rights and increased the protection of women and girls. Other countries have strengthened women’s access to justice through the establishment of courts that may hear cases of rape (Liberia.)
4.2. Key Challenges and Gaps
Although countries have adopted legislation on SGBV during the Decade, women across the continent lack legal protection against domestic violence. Moreover, few countries criminalise marital rape. Customary law in many countries does not recognise marital rape or domestic violence as violations against women.
While many countries have the legal age of marriage at 18, exceptions in the law, such as parental, guardian or court consent, mean that girls can be married under 18.
Despite efforts to eliminate it through legislative and policy reforms, FGM continues to be practised partly because of gaps in legal frameworks and weak law enforcement. In some countries, attempts to introduce legislation prohibiting FGM have been unsuccessful.
Conflict and unrest hinder the implementation and enforcement of laws and policies on
VAW and harmful practices and place girls and women at increased risk of violence and abuse with refugees and internally displaced persons particularly vulnerable.
4.3. Recommendations
Repeal laws enabling early, forced and child marriage and remove exceptions in legislation regarding age and full and free consent in marriage. Laws on marriage should meet the commitments made in the Maputo Protocol.
Adopt and implement a comprehensive legal framework that prohibits and criminalises all forms of violence against women (VAW), such as domestic violence and marital rape. The legal framework should also include protection against online violence against women.
Adopt and implement programmes that provide legal and medical support and provide other services to support survivors of VAW and harmful practices to ensure they receive the support and help they need and to which they are entitled.
Adopt, implement and enforce legislation prohibiting all forms of human trafficking.
Allocate adequate financial resources to eliminate all forms of VAW and harmful practices and ensure relevant institutions, such as police and the judiciary, can enforce the law and provide survivors with support, protection and redress.
5. Women, Peace and Security
Increasingly conflicts in Africa have taken on an intrastate or interstate character, involving non-state actors and state entities. Although studies indicate that when women are involved in the peace processes and agreements, these are more likely to last, in practice women are largely excluded and their voices not heard.
AWD Goal 6 aims to work with the AU Peace and Security Department, the Peace and Security Council and the Panel of the Wise in relation to UNSCRs 1325, 1820, 1888 and 1889 with a particular focus on VAW, peace-building and reconstruction. Concerning peace, security and VAW, the Maputo Protocol guarantees women the right to peace (Article 10) and protects women in armed conflict (Article 11).
The AU emphasised peace-building on the continent and integrated the women, peace and security agenda within its Continental and Regional Policy and Structural Architecture on Peace and Security over the Decade. To that end, the AU has undertaken several actions. In 2014, the AU established the Office of the Special Envoy on Women, Peace and Security. The Office addresses the plight of women in conflict prevention, management and resolution, and advocates an end to impunity around SGBV.61 In 2019, the theme of the AU’s 32nd Ordinary Session of the Assembly of Heads of States and Governments was “Refugees, Returnees and IDPs: Towards Durable Solutions to Forced Displacement in Africa”, and in 2020, “Silencing the Guns: Creating Conducive Conditions for Africa’s Development.” In 2019, the AU adopted key policies to ensure gender-responsive peacekeeping and guide its peacekeeping operations. These are the Policy on Conduct and Discipline for Peace Support Operations and a Policy for Prevention and Response to Sexual Exploitation and Abuse for Peace Support Operations. AU Member States that send peacekeeping forces to the AU missions are bound to observe these codes of conduct. Other efforts on women, peace and security sought to train women in mediation, especially in high-level mediation.
5.1. Key Legal, Policy and Institutional Reform
Across the five regions, many countries have enacted constitutional reform relevant to women, peace, and security during the AWD. They introduced provisions concerning the State’s role in ensuring peace and security and the role of national security forces, the right to peace and security, women’s equal right to participation and the elimination of sexual violence. Of note is the 2019 Constitution of Sudan, which calls for the application of “UN Security Council Resolution 1325 and the relevant African Union resolutions regarding the participation of women at all levels in the peace process.”62
Other legal reforms sought to promote women’s right to a peaceful existence, fair representation of women, women’s right to participate in promoting and maintaining peace and post-conflict justice and reconciliation. Some countries have started integrating gender issues into peace agreements, while others included women in peace talks.
Concerning policy reforms, some countries have launched a national action plan (NAP) for the implementation of UNSCR 1325. Some 25 of the 55 African countries adopted a NAP. Seven countries (Burundi, DR Congo, Ghana, Kenya, Liberia, Nigeria and Rwanda) have introduced a second NAP during the AWD. Of note, Mali, despite having experienced an escalation of violence in the northern part of the country, implemented its third NAP (2019–2023) in 2019. One government in North Africa, Tunisia, adopted its first NAP in 2018 . Some countries
addressed women, peace and security in national gender policies and strategies. Other policy reforms aimed to increase women’s representation and participation, while others address SGBV in a conflict in their national policies and strategies.
Several countries, including Burkina Faso, Central African Republic, Côte d’Ivoire, Gambia, Ghana, Guinea, Lesotho, Mozambique and Zimbabwe, also implemented institutional reforms that advance the women, peace and security agenda. Some reforms introduced national peace and reconciliation commissions to combat, for example, sexual violence related to conflict, while others established legal mechanisms such as a Special Criminal Court (Central African Republic) to address war crimes. Other institutional reforms include establishing gender desks in police stations and national initiatives to combat sexual violence related to conflict.
Among the notable examples of successful women’s initiatives around peacebuilding is the Women’s Situation Room (WSR). The WSR monitors electoral processes to ensure that situations that potentially trigger conflict are recognized and managed. Over the Decade, local initiatives have been acknowledged as essential partners in peacebuilding and preventing disputes from escalating.
Other legal reforms sought to promote women’s right to a peaceful existence, fair representation of women, women’s right to participate in promoting and maintaining peace and post-conflict justice and reconciliation. Some countries have started integrating gender issues into peace agreements, while others included women in peace talks.
5.2. Key Challenges and Gaps
Many countries in Africa do not have a NAP. While some countries had a NAP at the beginning of the Decade, many have not renewed their NAP once it expired.
Despite legal, policy and institutional reforms, barriers to formal participation in peacebuilding and post-conflict processes persist. Women are under-represented in peace and post-conflict processes and the security sectors or excluded altogether.
For many countries, conflict and unrest hinder the advancement of the WPS agenda and put women and girls at increased risk. Conflicts, political unrest and unstable environments also cause large displacements of populations and increases in sexual violence in these conflicts is a serious concern, especially for refugees and IDPs.
5.3. Recommendations
Adopt and keep current National Action Plans (NAPs) for the implementation of UNSCR 1325. These should include mechanisms for monitoring and evaluating commitments and integrating gender equality and women’s rights in all aspects of their work. .
Strengthen and enforce opportunities for women’s participation in developing conflict prevention and post-conflict policies, laws and institutional mechanisms. These efforts should include frameworks for CSOs and women’s advocates to participate by using a multi-sectoral and integrated approach.
Provide adequate funding for the women, peace and security (WPS) agenda.
Adopt and implement laws, policies and programmes that provide care and support for sexual and gender-based violence (SGBV) survivors, particularly for those from vulnerable groups, such as IDPs, female refugees, women with disabilities, minority group members, widows and older women.
Implement a robust judicial system to enforce laws, allow survivors to seek redress and hold perpetrators of human rights violations accountable.
6. Agriculture and Food Security
While African women make up most smallholder farmers and about two-thirds of the agricultural labour force and assume the responsibility of household food security, they have less access to and control over land and resources such as credit, fertilisers and technologies. Food insecurity in many parts of Africa is on the rise across the continent following years of decline in part due to the impact of climate change and natural disasters.63
The Maputo Protocol guarantees the right to nutritious food and food security (Article 15)64 and promotes women’s access to and control over productive resources, such as land, and guarantees their right to property (Article 19(c)).65 AWD Goal 2 on agriculture and food security seeks to achieve food security and fight hunger; increase African women’s access to agricultural land and resources such as farm inputs, credit, technology, irrigation and water; and link women to markets and create new markets for their produce.
At the continental level, AU Member States made commitments to enhance women’s right to access, control and own land and recognise the important role women play in agriculture and food production These include the 2010 Abuja Declaration on Development of Agribusiness and Agro-Industries in Africa and the 2014 Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods. The AU also declared 2014 the Year of Agriculture and Food Security. The AU gender equality commitments focus on achieving 30% documented land ownership and 50% finance for women.66 The AU Gender Strategy 2017–2027 builds on already existing commitments and targets focusing on rural women. It emphasises a transformative approach to empower women.67
6.1. Key Legal, Policy and Institutional Reform
Over the Decade, several countries took steps to enshrine the right to food and provide equal access to land in laws and constitutions. Regarding the right to food, the constitution in seven countries (DR Congo, Egypt, Kenya, Niger, South Africa, Uganda and Zimbabwe) include a provision guaranteeing that right. The constitutions of Egypt, South Africa, Uganda and Zimbabwe also articulate the role of the State in providing food resources. Concerning land rights, nine constitutions (Algeria, Côte d’Ivoire, Egypt, Gambia, Kenya, Rwanda, Somalia, South Sudan and Zimbabwe) include provisions regarding ownership of land and articulate the role of the State in protecting agricultural land and promoting agriculture. The constitutions of Kenya and Zimbabwe also recognise the role of the State in ensuring land use is equitable and eliminates discrimination.
Legislation adopted in Kenya, Liberia, the Republic of Congo and Rwanda promotes the equal right to land and prohibits all forms of discrimination, such as gender, in access to land. In Benin, Burkina Faso, Côte d’Ivoire and the Gambia legislative reform provides for support rural women’s economic development.
Across the continent, governments have implemented policy and institutional reforms that aim to increase women’s access to land and resources in agriculture, achieving food security and fighting hunger during the AWD. They include:
Most countries have a National Agriculture Investment Plan (NAIP). These aim to, among others, facilitate availability and access to productive resources and improve market access and infrastructure.
Several countries introduced specific strategies on gender and agriculture that includes goals such as reducing gender inequalities concerning land rights and increasing access to financial resources such as credit. At the same time, other countries have adopted strategies and programmes that address both agriculture and food security.
Regarding improving food security, countries implemented institutional reforms that aim to assist women with income-generating activities and food aid (Djibouti), fight hunger, and increase food and nutrition security (Republic of Congo), for example.
Institutional reforms in some countries sought to assist women in agriculture and agricultural businesses by increasing access to funding resources such as loans and credit for fertiliser, seeds, and production and processing equipment. Other institutional reforms established funds specifically earmarked to help women purchase land. Notably, the Ministry of Lands, Natural Resources and Environmental Protection of Zambia increased its quota for land reserved for women from 30% to 40%.68
6.2. Key Challenges and Gaps
While the right to land is constitutionally guaranteed or enshrined in law in many countries, few women are landowners, and gender gaps in ownership persist due to weak implementation of existing laws. Moreover, customary laws and tenure systems tend to favour men and discriminate against women.
Women farmers, particularly female smallholder farmers, have limited access to agricultural technologies, seeds, credit, finance and other resources, and markets beyond the local market.
While countries have implemented legislative, policy and institutional reforms on women and girls, food security and agriculture, women’s equal burden of unpaid care work go unrecognised.
6.3. Recommendations
Repeal any laws that discriminate against women’s access to and participation in land ownership, agriculture and agribusiness.
Recognise and take measures to address the burden of unpaid care work and its impact on women’s economic empowerment, such as time poverty, and integrate relevant provisions for unpaid care work in all agricultural and food security frameworks.
Measures should also include providing support and developing opportunities with regard to the sharing of unpaid care work.
Increase women’s access to and participation in decision-making and the development of laws, policies and strategies on agriculture and food security to ensure all women’s expertise, perspectives and needs are included.
Develop targeted measures and affirmative action policies to empower and develop the capacities of female farmers. These should include increasing women’s access to modern means of production and marketing to enable women to participate equally in agribusiness and to improve food security.
Enact and enforce projects, policies and programmes to reduce food insecurity among women and girls and improve women’s access to land ownership. These measures should pay particular attention to women in marginalised groups, such as women with disabilities, elderly women and widows.
7. Environment and Climate Change
The effects of climate change are felt across Africa. African women and girls are disproportionately vulnerable to the impact of climate change. The African States have undertaken legal, policy, and institutional reforms to adapt and mitigate the effect of climate and environmental changes over the past decade.
The Maputo Protocol guarantees women the right to live in a healthy and sustainable environment. It obligates States Parties to ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels (Articles 18). Similarly, Article 19 guarantees women the right to sustainable development and the full enjoyment of this right and calls on States Parties to, among others, introduce a gender perspective in national development planning procedures. To that end, Goal 5 of the AWD on the environment and climate change aims to identify women’s role in mitigating climate change as custodians of the environment, making sure they benefit from new global packages to fight climate change.69
During AWD, the AU and its Member States adopted reforms that link climate change, the environment and gender. In 2015, the AU adopted Agenda 2063, which notes the impact of climate change on the African continent and calls on the Member States to speed up actions and act with a sense of urgency on climate change and the environment and for full gender equality in all aspects of life. The AU has also introduced two strategies on climate change. Its most recent plan, the Draft Africa Climate Change Strategy 2020–2030, considers gender throughout and notes, in particular, the challenges women face and the importance of including gender equity to address the challenges ahead.70
The AU has also undertaken institutional reforms related to the impact of environmental and climate changes during this Decade. Since 2013, the African Working Group on Gender and Climate Change has coordinated and provided leadership for Africa’s engagement in regional and global gender and climate change processes.71 In 2014, the African Heads of State formed the Women and Gender Programme on Climate Change of the Committee of African Heads of State and Governments on Climate Change to advance the efforts of the Working Group.72 Its aim is to engage women in climate change-related actions, such as the provision of practical
support and training for women negotiators, to ensure gender-responsive legislation and programme implementation in Africa.73
7.1. Key Legal, Policy and Institutional Reform
Over the Decade, African countries have addressed climate and environmental changes through various legislative and policy reforms. Among the key developments in legal reforms on climate change and the environment are:
Nine countries (Angola, Benin, Burkina Faso, Chad, Côte d’Ivoire, Gambia, Mauritania,
Republic of Congo and South Africa) ratified the 2003 African Convention on the
Conservation of Nature and Natural Resources (revised version). As of July 2018, 17 countries have ratified, and 42 have signed the Convention. 74 Among the Convention’s goals is to enhance environmental protection and foster the conservation and sustainable use of natural resources.
Thirty countries adopted constitutional reforms that address environment and climate change, of which the majority guarantees the right to a healthy and clean environment.
Other reforms impose an obligation to protect the environment.
Many countries adopted legislation authorising ratification of the Paris Agreement on
Climate Change. As of October 2020, all African countries, except Eritrea, Libya and
South Sudan, had ratified the Agreement.75
Several countries adopted laws on disaster risk management, environment management, water and climate change. Some of which include provisions on gender, such as the 2015 Disaster Management Act of Rwanda and the 2017 Environment Management Act of Malawi.
A review of the policy reforms taken during the AWD show the following trends:
Many policy reforms on the environment and climate change consider gender equality and seek to mainstream gender in climate change and environmental mitigation and adaptation initiatives. Some of the policies link gender equality and women’s empowerment with the impacts of climate change and recognise the disproportionate vulnerability of women and girls to environmental degradation and climate change.
Several policies on climate change and the environment identify women’s role in mitigating climate and include objectives and strategies to increase women’s participation. The policies of Ethiopia, Ghana, Namibia, Tanzania and Uganda, for example, advocate enhancing the equitable representation of women and vulnerable groups in all levels of planning, decision-making and implementation of adaptation and mitigation actions.76
Eight countries (Cameroon, Egypt, Ghana, Mozambique, Liberia, Tanzania, Uganda and
Zambia) have adopted Climate Change Gender Action Plans (ccGAPs). The plans include goals to ensure that gender is mainstreamed in climate change policies, programmes and initiatives and often focus on priority sectors, such as agriculture—a sector where many women work.
Six countries (Burkina Faso, Cameroon, Ethiopia, Kenya, Sudan and Togo) have adopted
National Adaptation Plans (NAPs) in compliance with the obligations under the Cancun
Adaptation Framework of the United Nations Framework Convention on Climate
Change.77 All NAPs recognise the adverse effect of climate change and commit to reducing the vulnerability of particular groups, such as women. For example, the NAPs of Burkina Faso and Ethiopia aim to strengthen the role of women and raise awareness among women’s associations.
Many policy reforms on the environment and climate change consider gender equality and seek to mainstream gender in climate change and environmental mitigation and adaptation initiatives. Some of the policies link gender equality and women’s empowerment with the impacts of climate change and recognise the disproportionate vulnerability of women and girls to environmental degradation and climate change.
