African Women' s Decade 2010-2020: Ten Years On, Where Are We? by Make Every Woman Count

AFRICAN WOMEN’S DECADE 2010-2020 TEN YEARS ON, WHERE ARE WE?

Make Every Woman Count

African Women’s Decade 2010-2020: Ten years on, where are we? Produced and Published by Make Every Woman Count Email: info@mewc.org Website: www.mewc.org Copyright © 2021 Design and Layout: Toast Design All rights reserved. Redistribution of the material presented in this work is encouraged by the publisher, provided the original text is not altered, that the original source is properly and fully acknowledged and that the objective of redistribution is not for commercial gain. Please contact the publisher if you wish to reproduce, redistribute or transmit, in any form or by any means, this work or any portion thereof.

The year 2020 marks the end of the African Women’s Decade 2010–2020, adopted on 15 October 2010 in Nairobi, Kenya, under the theme “Grassroots Approach to Gender Equality and Women’s Empowerment.” The launch of the Decade represented a testimony to the African Union’s commitment to the advancement of the gender equality agenda and women’s rights across the continent. Its end has coincided with the celebration of the 20th anniversary of United Nations Security Council Resolution 1325 and the 25th anniversary of the Beijing Declaration and Platform of Action. Despite the health crisis that is currently occurring around the world as a result of the COVID-19 pandemic, which has been sweeping through countries since early 2020, it remains very important that we take stock of various developments during the 10-year period under the African Women’s Decade. Since the launch of the Decade in 2010, Make Every Woman Count has been the only organisation monitoring, analysing and documenting the progress or lack thereof being made on women’s rights during African Women’s Decade 2010–2020, identifying best practices as well as challenges and gaps that need to be addressed. Over the years, through our yearly publication of reporting and monitoring, we have tried in particular to highlight evidence of good practices and progress during the ten years of the Decade. Women’s groups and activists alike have been at the forefront in advancing gender equality across the continent. Their advocacy work has resulted in some laudable outcomes that have had positive impacts on the lives of millions of girls and women across the continent. While both government and non-governmental actors carried out a great deal of work and contributed to significant progress in terms of the adoption of laws and policies at the national, regional and continental level on women’s rights over the Decade, there remain weaknesses in the area of data collection, monitoring, accountability and documentation. In addition, lack of resources has had adverse impacts on the work of women’s rights advocates. Furthermore, the current global pandemic, COVID-19, is disproportionally affecting women and girls throughout the continent. The growing pressures of responding to the pandemic risk worsening existing inequalities and threatening to reverse the gains made on women’s rights and gender equality since Beijing 1995. Make Every Woman Count has committed to addressing these issues through collective action to scale up promises and commitments made by our governments to accelerate women’s rights and gender equality. It is also time for our leaders to remove all barriers that hinder women’s full enjoyment of their rights and to ensure that men and women are offered equal opportunities in all areas of life. In 2010, Make Every Woman Count set itself the daunting task of monitoring all the 55 African countries so as to be able to generate a full audit of progress and setbacks during the Decade. It is hoped that we will be able to use this as a way to hold our governments accountable to promises they made during 2010–2020. I would like to express my deepest appreciation to all those who have contributed in various ways with great effort to the realisation of this report.

Executive Director Make Every Woman Count

We are very grateful to all our supporters, volunteers and interns and the MEWC team for the great contributions they have made to its publication. These yearly reports would have never been possible without the availability and support of all the volunteers and interns who have contributed to this ambitious project since 2011 despite the limited resources. This report was made possible thanks to the support of Rainatou Sow, Vivian Nilsson - van Iperen, Giovanna de Miranda, Nicole Pikram, Becky Zelikson, Tandi Pilani, Laura Nyirinkindi, Chelsie Loveder, Johanna Riha, Veronika J. Fuhrmann, Abbas Taleb, Haleemah Shajira, Hanna Lemma, Marlies Visser, Esaba Hoque, Evelyn Zake, Chloé Bertrand, Esther Kimani, Neïla Mangin and Grace Pattison. Our deepest appreciation goes to Barbara Steward for her attention to details, availability, advice and support in the development of the reports over the years. We would like to express our gratitude to Roo Griffith for her meticulous editing of the report and for her availability, flexibility and understanding during the whole process. We would like to extend our sincere gratitude to our peer reviewers: Flavia Mwangovya, Priscilla Yagu Ciesay and Dinah Musindarwezo for their thorough review of the report and for their availability to support this process in a very tight deadline. Many thanks to Justin Brown and team from Toast Design for supporting the design of this report. We wish to thank Henry Kite, Rob Klijn and Isabel Turner for their wonderful support over the years. We would like to thank the whole Board Members of MEWC for their advice and continued support.

We wish to thank the following partners for their support in the realisation of this report:

We wish to thank all our partners and supporters, especially Solidarity for African Women’s Rights, OXFAM and Equality Now Africa Office.

AWD Report 2020

CONTENTS

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Foreword ............................................................................................................................................................................................................. 3 Acknowledgements .................................................................................................................................................................................. 4 Contents .............................................................................................................................................................................................................. 5 List of Acronyms ......................................................................................................................................................................................... 12 Part I: Introduction ................................................................................................................................................................................. 15 1. EXECUTIVE SUMMARY ............................................................................................................................................................................ 16 2. REPORTING OBJECTIVES AND SCOPE .............................................................................................................................................. 17 3. REPORT OUTLINE ..................................................................................................................................................................................... 18 AU Member States by region ............................................................................................................................................................... 19 4. RESEARCH PROCESS ............................................................................................................................................................................. 20 5. RECOMMENDATIONS .............................................................................................................................................................................. 21 5.1.Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship and Finance and Gender Budgeting (financial inclusion) ....................................................................................................................................... 21 5.2. Governance, Legal Protection and Women in Decision-Making ...................................................................................... 22 5.3. Sexual and Reproductive Health and Rights, Maternal Health and HIV and AIDS ...................................................... 22 5.4. Violence Against Women and Harmful Practices .................................................................................................................. 22 5.5. Women, Peace and Security ......................................................................................................................................................... 23 5.6. Agriculture and Food Security ..................................................................................................................................................... 23 5.7. Environment and Climate Change ............................................................................................................................................. 23 5.8. Education, Science and Technology ......................................................................................................................................... 24 5.9. Young Women’s Movements ........................................................................................................................................................ 24 5.10. African Women and COVID-19 .................................................................................................................................................. 24 5.11. Regional Economic Communities ............................................................................................................................................ 25 6. SETTING THE CONTEXT/BACKGROUND ......................................................................................................................................... 26 7. ANALYSIS OF THE IMPACT OF COVID-19 ON WOMEN AND GIRLS IN AFRICA .................................................................. 28 7.1. Constitutional, Legislative and Policy Framework ................................................................................................................. 29 7.2. COVID-19 and Impacts on Women’s Economic Empowerment ....................................................................................... 30 7.3. COVID-19 and Impacts on Education ........................................................................................................................................ 31 7.4. COVID-19 and Impacts on Women’s Health ............................................................................................................................ 31 7.5. COVID-19 Exposing Women to Violence and Harmful Practices ...................................................................................... 32 7.6. COVID-19 Hampering Women’s Political Participation ........................................................................................................ 32 7.7. COVID-19 Further Endangering Women in Crisis Zones ...................................................................................................... 33 7.8. Best Practices ..................................................................................................................................................................................... 34 7.9. African Women’s Leadership in the Fight Against COVID-19 ............................................................................................. 35 7.10. National Responses in Support of Women ............................................................................................................................. 36

PART II: THE AFRICAN UNION AND GENDER INFRASTRUCTURE ..................................................................... 38 1. WOMEN’S RIGHTS MECHANISMS ....................................................................................................................................................... 39 1.1. The Maputo Protocol ...................................................................................................................................................................... 39 Articles in the Maputo Protocol .......................................................................................................................................................... 40 1.2. The Maputo Plan of Action ........................................................................................................................................................... 45 Solidarity for African Women’s Rights Campaign ......................................................................................................................... 47 1.3. Solemn Declaration on Gender Equality in Africa ................................................................................................................. 48 Gender Is My Agenda Campaign ........................................................................................................................................................... 51

AWD Report 2020

2. AU INITIATIVES/CAMPAIGNS 2010–2020 ...................................................................................................................................... 52 2.1. Africa Women’s Decade 2010–2020 .......................................................................................................................................... 52 2.2. African Union GEWE Strategy 2018–2028 ............................................................................................................................... 53 2.3. AU Campaign to End Child Marriage 2015–2023 .................................................................................................................. 53 2.4. AU Campaign on Ending Female Genital Mutilation ............................................................................................................ 54 2.5. Campaign for Accelerated Reduction of Maternal Mortality in Africa 2009–2019 ..................................................... 55 2.6. Silencing the Guns in Africa by 2020 ........................................................................................................................................ 55 2.7. AU Agenda 2063 and the SDGs .................................................................................................................................................... 55 2.8. AU Summits ....................................................................................................................................................................................... 56 2.9. Network of African Women in Conflict Prevention and Mediation (FemWise) ............................................................ 56

PART III: UNITED NATIONS INITIATIVES ON GENDER EQUALITY ..................................................................... 57 1. UN WOMEN .................................................................................................................................................................................................. 58 2. BEIJING+25 ................................................................................................................................................................................................ 59 3. THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT .......................................................................................................... 60 4. MAKING EVERY WOMEN AND GIRL COUNT FLAGSHIP PROGRAMME INITIATIVE .......................................................... 61 5. GENERATION EQUALITY ....................................................................................................................................................................... 62 6. SPOTLIGHT INITIATIVE .......................................................................................................................................................................... 63

PART IV: AU REGIONAL ECONOMIC COMMUNITIES ................................................................................................... 64 1. ARAB MAGHREB UNION ......................................................................................................................................................................... 66 1.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 66 1.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) .......................................................... 67 1.3. Strengths, Challenges and Gaps .................................................................................................................................................. 67 2. THE COMMUNITY OF SAHEL–SAHARAN STATES ........................................................................................................................ 68 2.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 68 2.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 69 2.3. Strengths, Challenges and Gaps ................................................................................................................................................. 69 3. COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA ................................................................................................. 70 3.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 70 3.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 71 3.3. Strengths, Challenges and Gaps .................................................................................................................................................. 72 4. EAST AFRICAN COMMUNITY ............................................................................................................................................................... 73 4.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 73 4.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 74 4.3. Strengths, Challenges and Gaps ................................................................................................................................................. 75 5. ECONOMIC COMMUNITY OF CENTRAL AFRICAN STATES ........................................................................................................ 76 5.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 76 5.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 77 5.3. Strengths, Challenges and Gaps ................................................................................................................................................. 77 6. ECONOMIC COMMUNITY OF WEST AFRICAN STATES ................................................................................................................ 78 6.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 78 6.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 79 6.3. Strengths, Challenges and Gaps ................................................................................................................................................. 80 7. INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT ......................................................................................................... 81 7.1. Brief History (Mission, Members etc.) ......................................................................................................................................... 81 7.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) .......................................................... 82 7.3. Strengths, Challenges and Gaps .................................................................................................................................................. 83

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8. SOUTHERN AFRICAN DEVELOPMENT COMMUNITY ................................................................................................................. 84 8.1. Brief History (Mission, Members etc.) ........................................................................................................................................ 84 8.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) ......................................................... 85 8.3. Strengths, Challenges and Gaps ................................................................................................................................................. 86 RECs - Institutional Indicators on Gender ....................................................................................................................................... 88 Notes: .......................................................................................................................................................................................................... 89 ECOWAS: .................................................................................................................................................................................................... 89 COMESA: .................................................................................................................................................................................................... 90 AMU: ............................................................................................................................................................................................................ 91 EAC: .............................................................................................................................................................................................................. 91 IGAD: ........................................................................................................................................................................................................... 92 SADC: ........................................................................................................................................................................................................... 92 ECCAS: ........................................................................................................................................................................................................ 93 CEN–SAD: .................................................................................................................................................................................................. 93

PART V: ANALYSIS AND REGIONAL REVIEW OF THE AFRICAN WOMEN’S DECADE THEMES . 94 1. FIGHTING POVERTY AND PROMOTING ECONOMIC EMPOWERMENT OF WOMEN AND ENTREPRENEURSHIP, FINANCE AND GENDER BUDGETING ..................................................................................................................................................... 95 1.1. Issue Analysis .................................................................................................................................................................................... 95 1.2. Laws, Policies, Strategies/National Action Plans .................................................................................................................... 97 A. REGIONAL ANALYSIS ........................................................................................................................................................................... 100 1. CENTRAL AFRICA .................................................................................................................................................................................... 101 1.1. Constitutional Provisions ............................................................................................................................................................. 101 1.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 102 1.3. Challenges and Gaps .................................................................................................................................................................... 103 2. EAST AFRICA ............................................................................................................................................................................................ 105 2.1 Constitutional Provisions ............................................................................................................................................................. 105 2.2 Trends in Legal, Policy and Institutional Reform .................................................................................................................. 106 2.3 Challenges and Gaps ..................................................................................................................................................................... 108 3. NORTH AFRICA ....................................................................................................................................................................................... 109 3.1 Constitutional Provisions ............................................................................................................................................................. 109 3.2 Trends in Legal, Policy and Institutional Reform .................................................................................................................. 110 3.3 Challenges and Gaps ..................................................................................................................................................................... 111 4. SOUTHERN AFRICA ................................................................................................................................................................................ 112 4.1 Constitutional Provisions ............................................................................................................................................................. 112 4.2 Trends in Legal, Policy and Institutional Reform .................................................................................................................. 113 4.3 Challenges and Gaps ..................................................................................................................................................................... 115 5. WEST AFRICA ............................................................................................................................................................................................ 117 5.1 Constitutional Provisions ............................................................................................................................................................. 117 5.2 Trends in Legal, Policy and Institutional Reform .................................................................................................................. 117 5.3 Challenges and Gaps ..................................................................................................................................................................... 120 B. CASE STUDIES .......................................................................................................................................................................................... 121 Gender-Responsive Budgeting in Uganda: the Certificate for Gender and Equity .......................................................... 121 Promotion of Women Living with Disabilities’ Right to Work in Madagascar .................................................................... 123 2. GOVERNANCE, LEGAL PROTECTION AND WOMEN IN DECISION-MAKING .................................................................... 124 2.1. Issue Analysis .................................................................................................................................................................................. 124 2.2. Laws, Policies, Strategies/National Action Plans .................................................................................................................. 126

AWD Report 2020

A. REGIONAL ANALYSIS ........................................................................................................................................................................... 128 1. CENTRAL AFRICA ................................................................................................................................................................................... 129 1.1. Constitutional Provisions ............................................................................................................................................................. 129 1.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 130 1.3. Challenges and Gaps .................................................................................................................................................................... 131 2. EAST AFRICA ............................................................................................................................................................................................. 133 2.1. Constitutional Provisions ............................................................................................................................................................ 133 2.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 134 2.3. Challenges and Gaps .................................................................................................................................................................... 135 3. NORTH AFRICA ........................................................................................................................................................................................ 137 3.1. Constitutional Provisions ............................................................................................................................................................ 137 3.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 138 3.3. Challenges and Gaps .................................................................................................................................................................... 139 4. SOUTHERN AFRICA ............................................................................................................................................................................... 140 4.1. Constitutional Provisions ............................................................................................................................................................ 140 4.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 141 4.3. Challenges and Gaps .................................................................................................................................................................... 142 5. WEST AFRICA .......................................................................................................................................................................................... 144 5.1. Constitutional Provisions ............................................................................................................................................................ 144 5.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 145 5.3. Challenges and Gaps .................................................................................................................................................................... 146 B. CASE STUDIES ......................................................................................................................................................................................... 148 Senegal’s Campaign for Parity and Successful Adoption of the Law on Parity 2010 ....................................................... 148 The Women’s Situation Room ........................................................................................................................................................... 149 3. SEXUAL AND REPRODUCTIVE HEALTH RIGHTS, MATERNAL MORTALITY AND HIV/AIDS ........................................ 151 3.1. Issue Analysis .................................................................................................................................................................................. 151 3.2. Laws, Policies, Strategies/National Action Plans .................................................................................................................. 154 A. REGIONAL ANALYSIS ............................................................................................................................................................................ 157 1. CENTRAL AFRICA ................................................................................................................................................................................... 158 1.1. Constitutional Provisions ............................................................................................................................................................. 158 1.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 158 1.3. Challenges and Gaps .................................................................................................................................................................... 161 2. EAST AFRICA ............................................................................................................................................................................................ 162 2.1. Constitutional Provisions ............................................................................................................................................................ 162 2.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 162 2.3. Challenges and Gaps .................................................................................................................................................................... 164 3. NORTH AFRICA ....................................................................................................................................................................................... 165 3.1. Constitutional Provisions ............................................................................................................................................................ 165 3.2. Trends in legal, Policy and Institutional Reform .................................................................................................................. 166 3.3. Challenges and Gaps .................................................................................................................................................................... 167 4. SOUTHERN AFRICA ............................................................................................................................................................................... 168 4.1. Constitutional Provisions ............................................................................................................................................................ 168 4.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 169 4.3. Challenges and Gaps .................................................................................................................................................................... 172 5. WEST AFRICA ........................................................................................................................................................................................... 174 5.1. Constitutional Provisions ............................................................................................................................................................ 174 5.2. Trends in legal, Policy and Institutional Reform .................................................................................................................. 175 5.3. Challenges and Gaps .................................................................................................................................................................... 176

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B. CASE STUDIES .......................................................................................................................................................................................... 178 Landmark Petition Gives Maternal Health Rights Their Place in the Ugandan Constitution ........................................ 178 The Power of Grandmothers to Treat Depression and Anxiety: The Friendship Benches ............................................. 179 4. VIOLENCE AGAINST WOMEN AND HARMFUL PRACTICES ..................................................................................................... 181 4.1. Issue Analysis .................................................................................................................................................................................. 181 4.2. Laws, Policies, Strategies/National Action Plans .................................................................................................................. 184 A. REGIONAL ANALYSIS ........................................................................................................................................................................... 188 1. CENTRAL AFRICA ................................................................................................................................................................................... 189 1.1. Constitutional Provisions ............................................................................................................................................................. 189 1.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 190 1.3. Challenges and Gaps .................................................................................................................................................................... 192 2. EAST AFRICA ............................................................................................................................................................................................ 194 2.1. Constitutional Provisions ............................................................................................................................................................ 194 2.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 195 2.3. Challenges and Gaps .................................................................................................................................................................... 197 3. NORTH AFRICA ....................................................................................................................................................................................... 199 3.1. Constitutional Provisions ............................................................................................................................................................ 199 3.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................ 200 3.3. Challenges and Gaps .................................................................................................................................................................... 201 4. SOUTHERN AFRICA ............................................................................................................................................................................... 203 4.1. Constitutional Provisions ............................................................................................................................................................ 203 4.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................ 204 4.3. Challenges and Gaps ................................................................................................................................................................... 206 5. WEST AFRICA .......................................................................................................................................................................................... 207 5.1. Constitutional Provisions ............................................................................................................................................................ 207 5.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................ 208 5.3. Challenges and Gaps .................................................................................................................................................................... 210 B. CASE STUDIES .......................................................................................................................................................................................... 212 The Criminalisation of Female Genital Mutilation in Sudan .................................................................................................... 212 The African Union Campaign to End Child Marriage ................................................................................................................ 213 5. WOMEN, PEACE AND SECURITY ...................................................................................................................................................... 214 5.1. Issue Analysis .................................................................................................................................................................................. 214 5.2. Laws, Policies, Strategies/National Action Plans .................................................................................................................. 218 A. REGIONAL ANALYSIS ........................................................................................................................................................................... 219 1. CENTRAL AFRICA ................................................................................................................................................................................... 220 1.1. Constitutional Provisions ............................................................................................................................................................ 220 1.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 221 1.3. Challenges and Gaps .................................................................................................................................................................... 223 2. EAST AFRICA ............................................................................................................................................................................................ 225 2.1. Constitutional Provisions ........................................................................................................................................................... 225 2.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................ 225 2.3. Challenges and Gaps .................................................................................................................................................................... 227 3. NORTH AFRICA ....................................................................................................................................................................................... 228 3.1. Constitutional Provisions ........................................................................................................................................................... 228 3.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 229 3.3. Challenges and Gaps .................................................................................................................................................................... 229

AWD Report 2020

4. SOUTHERN AFRICA ................................................................................................................................................................................ 231 4.1. Constitutional Provisions ............................................................................................................................................................ 231 4.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 231 4.3. Challenges and Gaps .................................................................................................................................................................... 232 5. WEST AFRICA .......................................................................................................................................................................................... 235 5.1. Constitutional Provisions ............................................................................................................................................................ 235 5.2. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 235 5.3. Challenges and Gaps .................................................................................................................................................................... 238 B. CASE STUDIES ......................................................................................................................................................................................... 239 Uniting in Diversity: The Women Initiative for Sustainable Community Development in Plateau State, Nigeria .. 239 Advancing Women’s Peace and Security in the Great Lakes Region: Case Study of Burundi Crisis of 2015 .......... 240 6. AGRICULTURE AND FOOD SECURITY ............................................................................................................................................ 243 6.1. Issue Analysis .................................................................................................................................................................................. 243 6.2. Constitutional Provisions ........................................................................................................................................................... 244 6.3. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 245 6.4. Challenges and Gaps .................................................................................................................................................................... 247 CASE STUDIES ............................................................................................................................................................................................. 249 Mama Ardhi Alliance: Securing Land Rights for Women in Tanzania .................................................................................. 249 Equal Land Rights for Women in Botswana ................................................................................................................................. 250 7. ENVIRONMENT AND CLIMATE CHANGE ......................................................................................................................................... 251 7.1. Issue Analysis ................................................................................................................................................................................... 251 7.2. Constitutional Provisions ............................................................................................................................................................ 254 7.3. Trends in Legal, Policy and Institutional Reform ................................................................................................................. 254 7.4. Challenges and Gaps ..................................................................................................................................................................... 257 CASE STUDIES .............................................................................................................................................................................................. 258 Young Women’s Movement: Fridays for Future, Uganda Chapter ........................................................................................ 258 Kwataniza Women Farmers Group Fighting Climate Change ................................................................................................ 259 8. EDUCATION, SCIENCE AND TECHNOLOGY ................................................................................................................................. 261 8.1. Issue Analysis .................................................................................................................................................................................. 261 8.2. Trends in Constitutional, Legal, Policy and Institutional Reform ................................................................................... 262 8.3. Challenges and Gaps .................................................................................................................................................................... 264 CASE STUDIES ............................................................................................................................................................................................. 266 Equal Education Rights for Pregnant Girls and Women in Sierra Leone .............................................................................. 266 Miss Geek Africa – Promoting Girls in Science, Technology, Engineering and Maths .................................................... 267 9. YOUNG WOMEN’S MOVEMENT ........................................................................................................................................................ 269 9.1. Issue Analysis .................................................................................................................................................................................. 269 9.2. African Young Women’s Movements ....................................................................................................................................... 271 9.3. Use of Technology in Organising and Movement Building by Young African Women ........................................... 271 9.4. Challenges and Opportunities for Young Women’s Movements .................................................................................... 272 CASE STUDIES .............................................................................................................................................................................................. 273 Women Lead the #EndSARS Movement in Nigeria .................................................................................................................... 273 The My Dress, My Choice Campaign, Kenya ................................................................................................................................ 274

7. REFERENCES ......................................................................................................................................................................................... 276

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LIST OF ACRONYMS

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AWD Report 2020

AFCOR

Africa Task Force for Novel Coronavirus

AFHAM

Association of Handicapped Women of Madagascar (Association des Femmes Handicapées de Madagascar)

Africa CDC

Africa Centres for Disease Control

AHS

African Health Stats

AIDS

Acquired Immune Deficiency Syndrome

AMISON

African Union Mission in Somalia

AMU

Arab Maghreb Union

AMwA

Akina Mama wa Afrika

APSA

African Peace and Security Architecture

ARV Antiretroviral AU

African Union

AUC

African Union Commission

AUDA

AU Development Agency

AUWC

Africa Union Women’s Committee

AWD

African Women’s Decade

CAADP

Comprehensive Africa Agriculture Development Programme

CARMMA

Campaign for the Accelerated Reduction of Maternal Mortality in Africa

ccGAP

Climate Change Gender Action Plan

CEDAW

Convention on the Elimination of All Forms of Discrimination Against Women

CEEAC

Communauté Économique des États de l’Afrique Centrale (see ECCAS)

CEHURD

Center for Health, Human Rights and Development

CEN–SAD

Community of Sahel–Saharan States (Communauté des États Sahélo-Sahariens)

CESA

Continental Education Strategy for Africa

CNAMGS

National Health Insurance and Social Welfare (Caisse Nationale d’Assurance Maladie et de Garantie Sociale)

COMESA

Common Market for Eastern and Southern Africa’s

COPAX

Peace and Security Council for Central Africa

COSEF

Senegalese Council of Women (Conseil Sénégalais des Femmes)

CSO

Civil Society Organisation

EAC

East Africa Community

EACJ

East African Court of Justice

EALA

East African Legislative Assembly

ECCAS

Economic Community of Central African States (see CEEAC)

ECOWAS

Economic Community of West African States

EGDC

ECOWAS Gender Development Centre

FAO

Food and Agricultural Organization of the UN

FEMCOM

Federation of National Associations of Women in Business

FEMNET

African Women’s Development and Communication Network

FemWise

Network of African Women in Conflict Prevention and Mediation

FGM

Female Genital Mutilation

FOWODE

Forum for Women in Democracy

GBV

Gender-Based Violence

GDP

Gross Domestic Product

GEWE

Gender Equality and Women’s Empowerment

GIMAC

Gender Is My Agenda Campaign

GMT

Gender Management Team

GRB

Gender-Responsive Budgeting

HIV

Human Immunodeficiency Virus

ICT

Information and Communication Technology

IDP

Internally Displaced Person

IGAD

Intergovernmental Authority on Development

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ILO

International Labour Organization

IPU

Inter-Parliamentary Union

KWG

Kwataniza Women Farmers Group

LGBTQ

Lesbian, Gay, Bisexual, Transgender, Queer/Questioning

M&E

Monitoring and Evaluation

MENA

Middle East and North Africa

MEWC

Make Every Woman Count

MFFPC

Women and Girls Movement for Peace and Security in Burundi (Mouvement des Femmes et Filles pour la Paix et la Sécurité au Burundi)

MIA

Made in Africa

MPoA

Maputo Plan of Action

MPSI

Maputo Protocol Scorecard and Index

MSMEs

Micro, Small and Medium-sized Enterprises

NAIP

National Agriculture Investment Plan

NAP

National Action Plan

NAP

National Adaptation Plan

NCCW

National Council of Child Welfare

NEPAD

New Economic Partnership for Africa’s Development

NGO

Non-Governmental Organisation

OVAW

Online Violence Against Women

PMTCT

Prevention of Mother-to-Child Transmission

REC

Regional Economic Community

RMNCAH

Reproductive, Maternal, New-born, Child and Adolescent Health

SADC

Southern Africa Development Community

SARS

Special Anti-Robbery Squad

SDG

Sustainable Development Goal

SDGEA

Solemn Declaration on Gender Equality in Africa

SGBV

Sexual and Gender-Based Violence

SMEs

Small and Medium Enterprises

SOAWR

Solidarity for African Women’s Rights

SRH

Sexual and Reproductive Health

STEM

Science, Technology, Engineering and Maths

SWAPO

South West Africa People’s Organisation of Namibia

UCRT

Ujamaa Community Resource Team

United Nations

UNAIDS

Joint United Nations Programme on HIV/AIDS

UNDP

United Nations Development Programme

UNECA

United Nations Economic Commission for Africa

UNESCO

United Nations Educational, Scientific and Cultural Organization

UNFPA

United Nations Population Fund

UNICEF

United Nations Children’s Fund

UNSCR

United Nations Security Council Resolution

VAW

Violence Against Women

WAVE

Women Against Violence and Exploitation

WDI

World Development Indicators

WGDD

Women, Gender and Development Directorate

WHO

World Health Organization

WICCE

Women’s International Cross Cultural Exchange

WPS

Women, Peace and Security

WSR

Women’s Situation Room

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AWD Report 2020

PART I: INTRODUCTION

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Make Every Woman Count

1. EXECUTIVE SUMMARY During the AWD 2010–2020, the African continent demonstrated its commitment to promoting gender equality and the empowerment of women.

The year 2020 marked the end of the first African Women’s Decade (AWD), under the theme “Grassroots Approach to Gender Equality and Women’s Empowerment,” which had been launched on 15 October 2010 in Nairobi, Kenya. The AWD celebrations coincided with two more important milestones for women’s rights: the 20th anniversary celebrations of United Nations Security Council Resolution (UNSCR) 1325 and the 25th anniversary of the Beijing Declaration and Platform for Action. During the AWD 2010–2020, the African continent demonstrated its commitment to promoting gender equality and the empowerment of women. It is remarkable that most African countries made significant progress regarding gender equality through the introduction of legal and constitutional tools and institutional gender mechanisms, as well as the development of appropriate conditions for women to evolve. At the same time, it is important to acknowledge that a number of barriers remain and have hindered the implementation of AWD’s goals, including resource-related and socioeconomic constraints; cultural obstacles; electoral violence; gender-based violence (GBV); harmful practices; and restrictions on property ownership. Moreover, the COVID-19 outbreak has disproportionately affected women, leading to further injustice. With this report, Make Every Woman Count’s main goal is to ensure the continuation and evolution of Africa’s discourse on women’s rights beyond the AWD 2010–2020. In this aim, the report provides an analysis of the progress made on the African continent in terms of securing, realising and extending the rights of African women and girls during the AWD 2010–2020.

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AWD Report 2020

2. REPORTING OBJECTIVES AND SCOPE Since its creation, MEWC has been working to ensure systematic assessment of efforts towards the AWD goals.

The African Union (AU) launched the AWD 2010–2020 to accelerate and reinvigorate its commitments to gender equality and women’s empowerment. The theme of the Decade, “Grassroots Approach to Gender Equality and Women’s Empowerment,” encouraged women and advocates to take ownership of it and seize it as an opportunity for sharing effective strategies. Since its creation, MEWC has been working to ensure systematic assessment of efforts towards the AWD goals. To this end, it has been monitoring the progress of the 55 African countries over the past 10 years. To date, MEWC has published six reports. These include annual reviews in 2011, 2012, 2013 and 2014; a mid-term review in 2016; and a thematic report analysing women’s participation in decision-making and leadership in 2018. The main objective of these reports was to provide an overview and analysis of the women’s rights situation across the continent, while creating a tool for the effective promotion of gender equality. Africa is now entering a new AWD, under the theme of “Financial and Economic Inclusion of African Women.” In this context, it is essential that AU Member States consolidate the gains realised during the AWD 2010–2020 and renew their commitments to advancing the welfare of women and girls on the continent. To help in this effort, this closing report represents a valuable and comprehensive data source that is accessible to all engaged in the promotion of women’s rights in Africa, including governments, institutions, authorities, organisations, activists, scholars and academics.

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Make Every Woman Count

3. REPORT OUTLINE This report is broken down into five parts. This Part I sets the context and background, including the COVID-19 context. COVID-19 could represent a setback to global progress realised on women and girls’ rights. MEWC highlights regional and national responses, including support to women. It highlights African women leaders in the fight against COVID-19, demonstrating their resilience. Based on the 10-year review and appraisal, Part I also includes recommendations on how the Member States can advance women’s rights under each of the AWD themes. Part II introduces the AU’s valuable efforts in terms of setting up implementing mechanisms to advance and protect women’s rights. This includes the overarching gender infrastructure of the AU as well as multiple AU initiatives and campaigns that have been initiated throughout 2010–2020. Part III details UN initiatives that have played a significant role in the advancement of women and girls on the continent. Part IV recognises that the Regional Economic Communities (RECs) represent an integral part of the AU’s work and analyses each of the eight such bodies and their commitments to women’s rights and gender equality. Part V provides a comprehensive analysis of the progress made by each of the 55 AU Member States during the AWD 2010–2020, by looking in depth at the Decade’s 10 themes. These themes are interrelated and critical to the advancement of women and girls’ rights in Africa and are thus combined where necessary to make it easier to analyse the progress made across multiple rights areas across the entire African continent. The 10 AWD themes are as follows: 1. Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship 2. Agriculture and Food Security 3. Health, Maternal Mortality and HIV and AIDS 4. Education, Science and Technology 5. Environment, Climate Change and Sustainable Development 6. Peace and Security and Violence Against Women and Girls 7. Governance and Legal Protection 8. Finance and Gender Budgeting 9. Women and Decision-Making 10. Mentoring Youth (Men and Women) to be Champions of Gender Equality and Women’s Empowerment We have merged: ■ Fighting Poverty/Finance and Gender budgeting ■ Governance and Legal protection/Decision-making

We have split: ■ Peace and Security/Violence Against Women

We have added: ■ Harmful Practices ■ Sexual and Reproductive Health (SRH) Within Women’s Health

Part V thus addresses (1) Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship and Finance and Gender Budgeting; (2) Governance, Legal Protection and Women in DecisionMaking; (3) Sexual and Reproductive Health and Rights, Maternal Health and HIV and AIDS; (4) Violence Against

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AWD Report 2020

Women and Harmful Practices; and (5) Women, Peace and Security. These five rights areas are identified as the “focus themes” of the report. Each area contains an analysis of the theme issue and an overview of progress made by region, along with a comparative data analysis. The five African regions covered are Central Africa, East Africa, North Africa, Southern Africa and West Africa. Progress is measured by analysing the environment related to the enactment of constitutional provisions and legal, policy and institutional reforms. Each section also identifies areas of best practice, challenges and gaps. Through the use of case studies, MEWC highlights grassroots initiatives run throughout the Decade that have helped advance the rights of African women. Part V then goes on to address (6) Agriculture and Food Security; (7) Environment and Climate Change; (8) Education, Science and Technology; and (9) Young Women’s Movements. The analysis of each of these areas provides an overview for the continent of the issue and progress made as well as gaps and challenges. Below are presented the regions used in this report, with the countries listed in alphabetical order under each region.

AU Member States by region Central Africa

Southern Africa

Country

Abbreviation

Country

Abbreviation

Republic of Burundi

Burundi

Republic of Angola

Angola

Republic of Cameroon

Cameroon

Republic of Botswana

Botswana

Central African Republic

Kingdom of Eswatini

Eswatini

Kingdom of Lesotho

Lesotho

Republic of Malawi

Malawi

Republic of Mozambique

Mozambique

Republic of Namibia

Namibia

Republic of South Africa

South Africa

Republic of Zambia

Zambia

Republic of Zimbabwe

Zimbabwe

Republic of Chad

Chad

Republic of the Congo

Congo Republic

Democratic Republic of Congo

DR Congo

Republic of Equatorial Guinea

Equatorial Guinea

Gabonese Republic

Gabon

Democratic Republic of São Tomé and Príncipe

São Tomé and Príncipe

East Africa Country

Abbreviation

Union of the Comoros

Comoros

Republic of Djibouti

Djibouti

State of Eritrea

Eritrea

Federal Democratic Republic of Ethiopia

Ethiopia

Republic of Kenya

Kenya

Republic of Madagascar

Madagascar

Republic of Mauritius

Mauritius

Republic of Rwanda

Rwanda

Republic of Seychelles

Seychelles

Federal Republic of Somalia

Somalia

Republic of South Sudan

South Sudan

Republic of the Sudan

Sudan

United Republic of Tanzania

Tanzania

Republic of Uganda

Uganda

North Africa Country

Abbreviation

People’s Democratic Republic of Algeria

Algeria

Arab Republic of Egypt

Egypt

Libya

Islamic Republic of Mauritania

Mauritania

Kingdom of Morocco

Morocco

Sahrawi Arab Democratic Republic

Sahrawi Republic

Republic of Tunisia

Tunisia

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West Africa Country

Abbreviation

Republic of Benin

Benin

Burkina Faso

Republic of Cabo Verde

Cabo Verde

Republic of Côte d’Ivoire

Côte d’Ivoire

Republic of the Gambia

Gambia

Republic of Ghana

Ghana

Republic of Guinea

Guinea

Republic of Guinea-Bissau

Guinea-Bissau

Republic of Liberia

Liberia

Republic of Mali

Mali

Republic of Niger

Niger

Federal Republic of Nigeria

Nigeria

Republic of Senegal

Senegal

Republic of Sierra Leone

Sierra Leone

Togolese Republic

Togo

Source: https://au.int/en/member_states/countryprofiles2

Make Every Woman Count

4. RESEARCH PROCESS To elevate African women’s voices and make it possible to learn from the experts, MEWC reached out to grassroots NGOs to inform the case study elements of this report.

Desk reviews were undertaken to gather data concerning legal, policy and institutional reforms. Information was gathered from credible sources including country constitutions, laws, national reports and government websites, databases of international governmental organisations (such as the different UN agencies and the AU) and non-governmental organisation (NGOs) websites and reports. To ensure the reliability of sources, all data was verified, and counter-checked as much as possible. For the most part, it was the authors of the report who carried out translation work. The main challenge lay in the collection of gender-disaggregated data for each of the 55 African countries. This problem applies not just on the African continent but rather exists on a global scale. Meanwhile, the statistical data used to inform the regional comparative data analysis was collected using the same indicator to the extent possible. Sources included the Inter-Parliamentary Union (IPU), the World Bank World Development Indicators (WDI), UN databases (United Nations Children’s Fund (UNICEF), UN Women, etc.). To elevate African women’s voices and make it possible to learn from the experts, MEWC reached out to grassroots NGOs to inform the case study elements of this report. The search for case studies was guided by a need to cover different theme issues and represent different regions. Case studies were identified through desk review/ research. They hoped to capture actions, strategies and lessons learnt that could serve as best practice methods and inform others. Data was gathered on each actor’s website as well as through interviews (via email/Zoom, phone) with the actor to collect more data and insights. The focus was on a combination of different initiatives of both non-state actors and state actors. Non-state actors included civil society organisations (CSOs), the media, the private sector and political, social, religious and traditional actors that have held states accountable for their commitments, advocated at national level for the adoption of policies/laws or mobilised others to advocate for women’s rights. State actors included policymakers, politicians and professional bodies, to illustrate their efforts to domesticate and implement commitments at different stages and with different outcomes (e.g. signing and ratifying existing instruments, law and policy change, constitutional amendment). Lack of funding and barriers to technology for local women’s groups posed a serious challenge in efforts to recognise their vital work here.

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AWD Report 2020

5. RECOMMENDATIONS Based on the review of legal, policy and institutional reforms and best practices during the AWD, analyses of challenges/ gaps and inputs from CSOs, this report presents the following recommendations for advancing women’s rights and gender equality.

5.1.Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship and Finance and Gender Budgeting (financial inclusion) ■ 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.

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Make Every Woman Count

5.2. Governance, Legal Protection and Women in Decision-Making ■ 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 decision-making 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.

5.3. Sexual and Reproductive Health and Rights, Maternal Health and HIV and AIDS ■ 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 gender‑sensitive.

5.4. Violence Against Women and Harmful Practices ■ 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.

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AWD Report 2020

5.5. Women, Peace and Security ■ 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 of their aspects. ■ 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.

5.6. Agriculture and Food Security ■ 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.

5.7. Environment and Climate Change ■ Develop and implement Climate Change Gender Action Plans (ccGAPs) and National Adaptation Plans (NAPs)

that are gender-sensitive and gender-responsive and include mechanisms for monitoring and evaluation (M&E). ■ Ensure women’s equal participation at all levels of decision-making and planning, financing, management and

implementation of climate change responses, such as in mitigation and adaptation processes. In establishing mechanisms for equal participation, particular attention should be given to ensuring the inclusion of marginalised women, such as women with disabilities, elderly women, widows and women in rural areas. ■ Enact and enforce laws, policies and strategies that reflect the inter-linkages between gender and climate change,

paying particular attention to the gendered impact of climate change and reflecting the needs of women in differing contexts. Frameworks should also adhere to agreed-upon regional, continental and international climate change, environmental and gender commitments. ■ Include local women’s groups and indigenous women’s knowledge, expertise and perspectives in responses to

environmental and climate challenges. ■ Invest in renewable and improved energy resources and ensure women have equal access to these as well as

scientific, technological and financial resources. Responses should also consider the needs and perspectives of women in marginalised groups, such as women with disabilities, elderly women, widows and rural women.

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Make Every Woman Count

5.8. Education, Science and Technology ■ Develop and implement national plans, strategies and campaigns to implement the goals and objectives of the

Continental Education Strategy for Africa (CESA) 16-25, the Maputo Protocol and relevant regional and international agreements on education and gender equality. These efforts should include mainstreaming technical skills and knowledge in the education system and strengthening career guidance for all students, particularly girls. ■ Enact and enforce strategies and campaigns to increase the literacy rate for all women and promote lifelong

learning. Plans should pay particular attention to vulnerable groups such as girls and women with disabilities, women and girls in remote and rural areas, and pregnant students. ■ Develop, support and implement policies and projects that improve women’s access to and participation in the

scientific fields and remove the social, cultural, and economic barriers in this regard. ■ Invest in and consistently collect gender-disaggregated data on enrolment, retention and graduation rates at the

secondary and tertiary levels, on literacy rates among women and on women in science to help better analyse gaps and ensure commitments are met. ■ Adopt gender-responsive education budgets to improve girls and young women’s access to secondary and

tertiary education as more and more female students complete primary education.

5.9. Young Women’s Movements ■ Include the perspective of young women, particularly girls and young women from poorer backgrounds,

minority groups and rural areas and those with disabilities, in the development of laws, plans and strategies, and in decision-making processes. ■ Invest in young women-led programmes and initiatives to create spaces for their engagement in the design,

delivery and evaluation of programmes. The investments should help young women develop their expertise and skills and enable continuous learning. ■ Recognise young women as experts in their own right on issues affecting their lives and futures. Young women

are essential in designing programmes and changing traditional narratives about their lived realities. ■ Adopt policies and measures that keep African girls and young women safe online as they use social and digital

media as part of their activism. Online violence is increasing, particularly affecting girls and young women. ■ Mobilise and strengthen young women’s movements to improve their advocacy skills and human rights

knowledge to sustain the women’s rights movement.

5.10. African Women and COVID-19 ■ Strengthen women’s resilience in COVID-19 prevention and support women’s economic activities during

the pandemic. ■ Ensure women’s equal participation in the development, management and implementation of responses to

COVID-19, both short and long term. Particular attention should be paid to including the voices and perspectives of women with disabilities, women in rural and remote areas, female members of minority groups, older women and widows. ■ Establish mechanisms to monitor, report on and analyse the use of COVID-19 funds, and to address gaps and

remaining challenges. ■ Allocate financial resources to ensure extra support to groups and institutions providing assistance and

protection to survivors of SGBV as the numbers have increased as a result of lockdowns and curfews. It is also vital that measures be put in place to assist survivors and facilitate their access to services and support, such as through helplines and technology-based solutions. ■ Invest resources in collecting gender-disaggregated data to assess the impact of the pandemic on women, such

as through VAW, and ensure that such data collection does not put women and girls at increased risk of violence and abuse.

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AWD Report 2020

5.11. Regional Economic Communities ■ 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.

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Make Every Woman Count

6. SETTING THE CONTEXT/ BACKGROUND Four African countries rank among the top 10 countries with the highest representation of women in national parliaments globally.

The year 2020 held many important milestones for women’s rights and gender equality. It marked the 10th and final year of the AWD 2020–2020, on “Grassroots Approach to Gender Equality and Women’s Empowerment,” as well as the 20th anniversary of UNSCR 1325 and the 25th anniversary of the Beijing Declaration and Platform for Action. Furthermore, 17 years ago, the AU Member States adopted the progressive Protocol to the African Charter on Human and Peoples’ Rights (known as the Maputo Protocol) on women’s rights and gender equality, and set 2020 as the deadline for ratification. As of November 2020, 42 countries out of 55 had ratified the Protocol (10 have not ratified and 3 have neither signed nor ratified). 2020 was also the fifth anniversary of the adoption of the Sustainable Development Goals (SDGs), which aim to, among other things, ensure healthy lives and promote well-being for all at all ages (SDG 3) and achieve gender equality and empower all women and girls (SDG 5). With the adoption of the AWD, AU Member States showed a renewed commitment to advancing women’s rights and gender equality through the accelerated implementation of gender frameworks. Member States have sought to achieve the AWD objectives through a top-down and bottom-up approach that has placed a specific emphasis on grassroots participation. Over the Decade, African governments progressed and made laudable achievements on the 10 AWD themes. More women are members of parliament and hold ministerial positions, and some countries have achieved parity. Notably, four African countries (Namibia, Rwanda, Senegal and South Africa) rank among the top 10 countries with the highest representation of women in national parliaments globally. Several countries have achieved parity in secondary and tertiary education. The overall education rate of girls and young women has increased, and more women have received a degree in science and technology. African governments have adopted constitutional provisions on gender equality and non-discrimination and implemented laws, policies and strategies that aim to strengthen women’s rights and empowerment and open up opportunities for women and girls. At the national, regional and continental levels, African governments have implemented campaigns that highlight gender commitments, for example reduction of maternal mortality, and sought to accelerate action to address them.

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AWD Report 2020

Women’s rights activists, organisations and grassroots movements played an essential role in advancing women’s rights and empowerment throughout the Decade. Their dedication and commitment have contributed to the adoption of laws, policies and strategies on women’s rights and gender equality. CSO shadow reports have helped hold governments accountable. During the Decade, there was also a noticeable increase in the incidence of youth movements joining and contributing to advancing women’s rights and gender equality, advancing the perspective of the younger generation by voicing their needs and opinions. There has also been a strong movement to include marginalised groups. Despite the progress made on advancing the AWD objectives over the Decade, challenges and barriers remain that prevent African women and girls from fully enjoying their rights. Implementation and domestication of women’s rights frameworks vary. Conflicting legal systems prevent the effective and full implementation of gender equality and women’s rights laws, allowing discriminatory and harmful practices to continue. African women have unequal access to resources such as land and capital, despite making up a majority of employees in the agriculture sector. Women working in the informal sector lack social protection and rely on uncertain incomes. Moreover, women hold the primary responsibility for unpaid care work. Although women make up half of the population, in more than half of African countries many are unable to participate in the decisions that directly affect them. Women have been excluded from or given limited or token representation in peace-building and conflict prevention mechanisms, resulting in outcomes that have weak or non-existent commitments to women’s rights and gender equality. Women also are excluded from fully participating in governance. More women live in poverty; more girls than boys drop out of school; and women are more likely to face uncertain employment and lack access to financial resources. They also face social and cultural constraints and experience violence and discrimination. Meanwhile, improvements on women’s rights exist in an unstable environment that threatens to halt or reverse progress made at the national, regional, continental and international levels. Unrest, conflict and wars aggravate the situation for women and girls and reduce the resources and space available for women’s rights activists and organisations, which often face restrictions, threats, violence and intimidation. While the Decade saw spaces open for women and girls’ participation, the reverse is also true, with a rise of conservative, sometimes ultra-conservative, and fundamentalist views. In response to the COVID-19 pandemic, many governments have imposed restrictions, shifted their priorities and reallocated resources. The pandemic is augmenting the challenges that remain and deepening existing gender inequalities as women are disproportionately affected. Violations of women’s human rights are increasing. Incidence of domestic, sexual and gender-based violence and child marriage is on the rise. Women working in the informal sector are without income and protection. Women who experience violence have no system to provide them with support and protection. As governments impose lockdowns and curfews, girls and young women are prevented from going to school, and in some cases face increasing child marriage. Meanwhile, the changing context is significantly reducing the funding available for CSOs as well as the space within which women’s rights groups can operate. The current environment risks reversing much of the progress made in advancing women and girls’ rights in Africa. Achieving women’s rights and gender equality is fundamental to fulfilling human rights for all. Implementing women’s empowerment and rights is critical for women and girls to achieve their full potential. The end of the AWD 2010–2020 also signals the beginning of the next Decade, 2020–2030, under the theme of “Financial and Economic Inclusion of African Women.” This is an opportune moment to review the progress made in Africa and the challenges and barriers remaining. Such a review allows for the AU and its Member States to build on the gains made, address the challenges and take action to implement women’s rights commitments fully and achieve the goals set forth.

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Make Every Woman Count

7. ANALYSIS OF THE IMPACT OF COVID-19 ON WOMEN AND GIRLS IN AFRICA The indirect safety, health and economic consequences of the pandemic may affect women disproportionately, particularly where gender inequalities already exist.

Ever since the first COVID-19 case in Africa was recorded in Egypt on Valentine’s Day of 2020,1 every country on the continent has recorded cases, with Lesotho the last country to report a case.2 While the virus itself does not discriminate based on gender, the indirect safety, health and economic consequences of the pandemic may affect women disproportionately, particularly where gender inequalities already exist. In late October 2020, the most affected region of the continent was Southern Africa, with almost 780,000 cases and 20,000 deaths. This was followed by North Africa, with 442,300 cases and 12,700 deaths. The least affected region, with 59,500 cases and 1,100 deaths, was Central Africa. East and West Africa counted 196,700 cases/3,700 deaths and 185,700 cases/2,700 deaths, respectively. South Africa counted over four times as many cases as Morocco, the second worst-hit country (over 706,000 cases and 179,000 cases) and three times as many deaths (18,700 versus 6,100 deaths). Nigeria had the most cases of any West African country (59,500 cases). Egypt had under 104,000 cases but the second-highest death toll (6,000 deaths). In East Africa, Ethiopia counted the most cases, at about 79,400. Cameroon counted the most in Central Africa (almost 21,000).3

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AWD Report 2020

Several general factors have complicated the combat against COVID-19 in Africa. The first is national health infrastructures, which are fragile owing to limited funding and resources. The second is limited access to water.4 A little under half of the African countries have only one hospital bed per 1,000 people.5 Seven countries have over two beds per 1,000 people (Cabo Verde, Comoros, Equatorial Guinea, Mauritius, Namibia, South Africa and Zambia), while only Mauritius’ hospital bed numbers are comparable with those of Italy (3.4 per 1,000 people).6 Mozambique, for instance, is a country with 28 million inhabitants but fewer than one health unit per 10,000 inhabitants (1,643 in total), of which 12% do not have running water, and only 473 doctors, most of whom are foreigners (over 400).7 Moreover, out-of-pocket expenses remain high across countries, as financing for the health sector is fairly low.8 Access to water is not guaranteed in all African countries, which makes following the hand-washing guidelines more challenging. As many households do not have sanitation services, such as toilet facilities in the house, members have to leave home on a daily basis.9

7.1. Constitutional, Legislative and Policy Framework Around 45 of the AU Member States’ constitutions contain the right to health or the right to equal access to health care,10 and more allow the adoption of measures to protect public health.11 According to one international observer, overall, five countries adopted laws related to COVID-19, three of which dealt with the expansion of powers of the head of government (Egypt, Ghana and Tunisia) and one declared a state of emergency (Gabon); Algeria’s Law No. 20-06 amended the Criminal Code to include the dissemination of disinformation as a punishable offence (Article 196).12 Other countries adopted regulations on COVID-19 or related topics such as the spread of disinformation. Ethiopia’s Regulation No. 466/2020 prohibits COVID-related information that “would cause terror and undue distress among the public.” Section 30(3) of Botswana’s Emergency Powers (Covid-19) Regulations 2020 penalises the spread of information “from a source other than the Director of Health Services, and the WHO [World Health Organization]” and South Africa’s Electronic Communications, Postal and Broadcasting Directions obliges radio providers to make COVID-19 news available for streaming and for private internet providers to remove “fake news related to COVID-19” from their websites.13 Egypt’s main media regulator, the Supreme Council for Media Regulation, has started blocking websites that it alleges spread “false information” but has not been transparent about the content or the sites that are blocked.14 Many regulations are related to declarations of emergency, impositions of lockdowns or prohibitions of public gatherings.15 In fact, at least 20 countries have pronounced declarations of emergency, at least five have issued declarations of a national state of disaster or calamity and 11 declarations of (public) health emergency; Sierra Leone imposed a state of emergency before its first COVID-19 case was recorded.16 At least 39 out of 55 Member States of the AU have installed full or partial lockdowns of various lengths.17 Benin has not adopted lockdown measures but has put in place sanitary cordons.18 While President Mutharika in Malawi ordered a lockdown, the country’s High Court subsequently blocked this.19 Lockdowns and curfews have often been enforced radically by police forces, leading to multiple casualties.20 According to Zambia’s national police spokesperson, police began implementing a strategy to “hit” and “detain” anyone in public.21 In Kenya, police claiming to enforce the curfew killed 15 people in the first nine weeks alone, and at least 10 people were killed as a consequence of lockdown enforcements in South Africa. In Uganda,12 people died before the first COVID-19 death was recorded. In Nigeria, 18 had been killed at the hand of law enforcement officers by mid-April, outweighing the numbers of death by COVID-19.22 In the same country, there were reports of the police assaulting women.23 In poorer countries, where many people do not have a disposable income, they have to choose between hunger and subjecting themselves to violence by law enforcement.24 Escalations in police violence led the Angolan spokesperson of the Home Affairs Ministry to issue an apology for police-perpetuated violence during the lockdown.25 Even more states have prohibited large public gatherings.26 As a consequence, fundamental freedoms such the right to protest and freedom of speech and the press have been diminished. Arrests of journalists, activists and protestors have been reported in the North African countries of Algeria, Egypt and Tunisia, as well as in Kenya and Nigeria.27 Moreover,

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in response to the use of COVID-19 contact-tracing apps, concerns regarding the potential for violations of the right to privacy have been raised in some countries, such as Morocco and Tunisia.28 Many countries have also closed their borders and Uganda has suspended refugee reception services.29

7.2. COVID-19 and Impacts on Women’s Economic Empowerment The lockdown has had multiple consequences for women, primarily economic. A multitude of factors influence the precarious situation of women. Women are employed in jobs that are low paid and with fewer protections, which puts them at a greater risk of both exposure to COVID-19 and the economic risk of losing their job.30 Worldwide, 70% of health care workers and 85% of nurses are women (in Egypt women make up 90% of nurses who work in public health care facilities)31 – yet women infrequently participate in more local decision-making processes in the health care sector,32 even though, out of the 55 AU Member States, about a third (18 countries) have a woman heading the Ministry of Health.33 Women also disproportionately hold jobs outside of the health care sectors that make them part of the essential workforce, such as in market work, which continuously leaves them exposed to other people. Women also often work in informal trade, their share ranging from 70% to 80% in some countries.34 Most employment in Africa is informal (67.3% in North Africa and 89.2% in sub-Saharan Africa).35 In 2018, 89.7% of employed women in Africa worked in the informal sector compared with 82.7% of men.36 As a consequence, women do not benefit from sick leave, health insurance or any other job securities.37 In South Africa, for instance, domestic workers officially benefit from certain protections, such as the Unemployment Insurance Act, and have six weeks of paid sick leave in a three-year period.38 However, many of these workers are not formally registered with the government and therefore do not benefit from this coverage.39 Women often head micro, small and medium-sized enterprises (MSMEs), which usually do not have big cash reserves and are at an elevated risk of closing permanently.40 Furthermore, the economic policies and relief packages of governments that aim to quell the negative consequences of COVID-19 do not generally address its gendered impact.41 It has already been reported that most Tunisian women-led MSMEs have closed as a result of the pandemic.42 This is reflected across the continent: a survey of over 1,300 women-led MSMEs across 30 African countries demonstrates that most businesses are at risk of permanently closing down.43 As workers in the sectors of hospitality, tourism or retail trade, women are also affected heavily by the border closures and lockdowns.44 Economic losses have occurred as a result of unsold and spoilt goods and failure of customers to pay for orders.45 According to estimates, COVID-19 restrictions have led to a decline of 50–60% in cross-border trade, which is conducted primarily by female traders in the East African Community.46 In Zimbabwe, cross-border traders face a twofold predicament: they do not qualify for COVID-19 stimulus packages as they do not pay taxes directly to the government;47 and they cannot earn a living owing to the border closures or push for their interests through an association, as no such interest group exists.48 Sex workers also risk exposure as they are often systematically excluded from social security benefits and have to keep working to survive.49 Aside from the virus, sex workers risk police brutality, exploitation or arrest.50 Women have more limited access to finance. In the Middle East and North Africa (MENA) region, only 38% of women compared with 57% of men have bank accounts.51 Women’s unpaid role as primary caretaker at home takes away from their time spent on gainful employment. In fact, the female-to-male ratio of unpaid work is almost 7:1 in North Africa and 4:1 in sub-Saharan Africa.52 Women are thus at a higher risk of descending into poverty. This is especially true for older women. In the MENA region, for instance, fewer women have a pension than their male counterparts (27% to 47%).53 This economic gendered impact of infectious diseases is not new and was already recorded during the 2014–2016 Ebola outbreak in the West African countries of Guinea, Liberia and Sierra Leone.54

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AWD Report 2020

7.3. COVID-19 and Impacts on Education The next negative effect of the lockdown is the impediment to women and girls’ cultural and educational rights. The inequality of access to education during the pandemic could lead to a setback to the AU’s aspiration to close the gender gap in education laid out in Aspiration 6 of its Agenda 2063.55 School dropouts disproportionally affect girls. During the Ebola outbreaks, girls took over the role of their mothers as primary caregivers and therefore had less time to spend on education.56 This led to them permanently leaving school.57 The UN estimates that over 11 million girls worldwide are at risk of dropping out of school because of COVID-19 and that girls in sub-Saharan Africa are more at risk than boys of dropping out permanently across all education levels (1.99% to 1.9%, compromising a total of 5.3 million students).58 Moreover, the closure of schools means children have to follow courses online, on TV or on the radio. Poorer families in particular do not necessarily have access to these media, which complicates learning from home further and deepens the economic divide.59 Women and girls also suffer culturally. In Algeria, mosques have started to open up for men but remain closed for women, children and the high-risk population.60

7.4. COVID-19 and Impacts on Women’s Health The lockdowns affect women’s health, especially since their access to sexual health care is diminished. According to UN estimates in April 2020, around 47 million women globally will be unable to access contraceptives in a six-month lockdown period.61 Every additional three months will affect 2 million more women, resulting in 7 million unintended pregnancies.62 This trend has already been witnessed during other epidemics. In Sierra Leone, for instance, the Ebola epidemic resulted in a 65% increase in teenage pregnancies.63 In 2020, several countries reported a spike in teenage pregnancies. In Kenya, 3,964 teenage pregnancies were reported within a five-month window in Machakos county alone. In Kitgum, Uganda, the number of pregnant girls below the age of 19 was 1,519 in about the same time period.64 A similar surge was observed in Malawi, where an almost four-fold increase in pregnancies was observed compared with the previous year.65 Many girls said they had not intended to get pregnant or they had an unmet need for modern contraception (54% in Kenya, for instance).66 Often, these pregnancies end the mothers’ academic career either because the state bans pregnant girls from attending school (as in Tanzania and Equatorial Guinea) or because of parental punishment.67 Unmet need for contraceptives also puts women at risk of contracting sexually transmitted diseases. Thus, 25% more cases of HIV were recorded in Angola in 2020 compared with the previous year.68 People living with HIV/AIDS, most of whom are women, are further unable to access their medication.69 Border closures mean undocumented immigrants cannot get their medication delivered by so-called omalayitsha from their respective countries.70 Women living with HIV/ AIDS have conditions that make them more vulnerable to COVID-19.71 Finally, pregnant women have a harder time accessing delivery services. Strict curfews and the resulting limited transportation methods in several African countries have led to women not being able to get to hospital in time or at all; some have died owing to complications.72 Studies calculated that the closure of maternal health clinics in West Africa during the Ebola crisis resulted in a 70% increase in the region’s already high maternal mortality rate.73 In Uganda, the transportation of pregnant women required permission from the health district commissioner, although the unpredictable nature of pregnancy meant doctors petitioned the minister of health to dispense of this requirement.74 Moreover, some women were worried about going to the hospital for check-ups out of fear of getting infected with the virus, and thus did not monitor their babies’ health regularly.

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Make Every Woman Count

7.5. COVID-19 Exposing Women to Violence and Harmful Practices Lockdowns and school closures owing to COVID-19 precautionary measures have also resulted in more instances of violence against women (VAW) and sexual abuse of young girls and women.75 Growing financial constraints, coupled with high dependency ratios and confinement in small living spaces, as well as the cancellation of social events such as sport competitions, are some of the manifold reasons for this trend. 76 UN Women has gone as far as to refer to the global surge in domestic violence as a “shadow pandemic.”77 It is estimated that progress in reaching the 2030 goal of eradicating GBV has been undermined by a third.78 The United Nations Population Fund (UNFPA) calculated in April 2020 that a lockdown lasting six months would lead to an additional 31 million GBV cases, with another 15 million cases for every three months afterwards.79 In the first week of the lockdown alone, Kenya’s National Council on the Administration of Justice reported “a significant spike in Sexual Offences in many parts of the country,” and GBV by household members was responsible for over a third of the criminal incidents reported during that period.80 In South Africa, the Department of Social Development’s Gender-Based Violence Command Centre registered around 2,300 complaints in the first four days of lockdown.81 The Tunisian national domestic victims hotline recorded 6,693 cases within the first three months of the year.82 All 36 states in Nigeria declared a state of emergency as a result of the surge in GBV and rapes.83 Not only did the lockdown result in higher rates of VAW, but also it impeded the frameworks to address VAW. The lockdown broke down cooperation between the police, justice and social services sectors, as well as that with health care providers, whose focus was diverted to tackling the virus. As a result, support for survivors of domestic violence was often unattainable.84 Similarly, advocacy campaigns aimed at schoolgirls that seek to educate them on violence could not be continued in schools.85 Moreover, access to justice by women has also been curtailed during pandemic despite the heightened need for child support or justice in domestic violence disputes.86 Lockdown also perpetuates harmful practices. Both female genital mutilation (FGM) and child marriage are expected to have risen. An FGM increase has been observed in Egypt, Kenya and Somalia. There are several reasons behind this trend. Being in school shields girls from getting cut in Kenya and Somalia especially; school closures have taken away this protection.87 As parents fear the longer-term economic downturn, they have taken to cutting girls to be able to marry them off and gain financial security in this way.88 As cutters, too, fear the economic consequences of the virus, they have been more aggressively promoting their services door-to-door.89 Moreover, lockdown is being used as an opportunity to allow for the “healing” of the wounds.90 Child marriage is also on the rise as it is often a consequence of parents not being able to provide for their child. Between March and June, over 500 girls were rescued from forced marriages in Ethiopia alone.91 As a consequence, UNFPA estimates that progress towards ending FGM by 2030 has been reduced by a third, with 2 million more FGM cases and 13 million more cases of child marriage between 2020 and 2030 than would have occurred outside of the pandemic.92

7.6. COVID-19 Hampering Women’s Political Participation Lockdown also influences women’s ability to partake in politics. Women’s participation in the decision-making process is crucial to advance gender equality and foster more equal and caring societies overall, and focuses on areas such as health care.93 While many countries have made advances in the representation of women in decision-making positions, COVID-19 poses particular gendered challenges in about 20 countries’ elections scheduled for 2020, of which 13 are still outstanding.94 While some countries have chosen to postpone some of their elections, some have been held or are upcoming.95

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AWD Report 2020

Women face distinctive challenges. In Tanzania and Zambia, for instance, where presidential and legislative elections were held in October 2020 and general elections will be held in August 2021, respectively, large social gatherings are not allowed, which makes it harder for women candidates to campaign.96 They thus need to rely on the media for this. However, since in many countries the media is male dominated, women are often not represented in the reporting, especially at the local level.97 Moreover, the elections in Malawi have shown that male leaders have broken rules for political gain and opposition 98 Some women have started using technology like social media and podcasts to develop a stronger presence online.99 Unfortunately, even this resource is scarcer, as men have more access to technology and media. According to UN Women, in sub-Saharan Africa, 24.6% of men compared with 18.4% of women were using the internet in 2017; in North Africa and West Africa the number was 59.5% of men compared with 55.3% of women.100 The Demographic and Health Survey of 2015–2016 in Tanzania showed more men used the internet (only 8% of women compared with 18.7% of men had used the internet within the previous 12 months) and fewer women were exposed to any source of media, be it radio, television or print (46.1% of women do not have access compared with 32.1% of men, with higher proportions in rural areas).101 In other words, both the woman candidate and the woman voter suffer from a disadvantage – in informing voters or being an informed voter. Moreover, some female opposition politicians have been physically threatened. A female member of parliament from the opposition party and two female activists, all leaders of the Movement for Democratic Change in Zimbabwe, were abducted in May 2020 while protesting shortcomings in government measures for the indigent during the country’s COVID-19 lockdown and assaulted by whom they allege were state agents.102

7.7. COVID-19 Further Endangering Women in Crisis Zones The situation of internally displaced women and female refugees is especially precarious as their host countries face the burden of addressing COVID-19.103 As a result of COVID-19 restrictions, the rights of girls and women refugees are affected in the area of movement, personal security, health, economic sustenance and social protection, and they are more vulnerable to SGBV in such circumstances. Observers note that service delivery disruptions arising because of the COVID-19 pandemic decrease women’s access to essential SHRH products and services, including contraceptives, counselling, maternal and newborn health services and treatment for HIV and sexually transmitted infections.104 UN Secretary-General António Guterres called for a ceasefire during the pandemic on 23 March 2020, a plea echoed by the chair of the African Union Commission (AUC) on 27 March 2020.105 The AU Special Envoy on Women, Peace and Security urged states to uphold the commitments made under UNSCR 1325 to protect women against violence.106 She amplified the AUC chair’s call for warring parties in Africa to cease violence to allow Member States and other actors to combat the pandemic. For example, COVID-19 in part affected the timely implementation of the peace agreement milestones in South Sudan.107 Forty-seven countries of the AU were among the 170 signatories of the UN global ceasefire appeal and nine countries (Angola, Cameroon, Central African Republic, DR Congo, Libya, Niger, Senegal, Sudan, South Sudan) joined the call for a ceasefire, but not all governments actually brokered a peace agreement and, in the case of Libya, an increase in violence was observed.108 Despite 139 CSOs asking for a ceasefire, no formal agreement has yet been concluded in DR Congo.109 Since the country is also dealing with an Ebola outbreak, this has especially dire consequences for the women in the region, who are largely among the informal workers and form the majority of the 5 million displaced people. 110 In Burkina Faso, 1 million people have been displaced as a result of violence while the country is battling not only the pandemic but also drought provoked by climate change.111 People’s inability to harvest because their crops are not growing owing to lack of water or because of the displacement means that as much as 10% of the population do not have enough food.112

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Make Every Woman Count

7.8. Best Practices Several countries have established ad hoc institutional or legal mechanisms to deal with the pandemic, such as national scientific commissions (Algeria), advisory technical and scientific committees (Mozambique) and strategic monitoring committees, crisis committees or coordination mechanisms (Morocco, Nigeria, Togo and Tunisia), as well as developing preparedness and response plans (Chad, Lesotho, Sudan and Uganda).113 Given the transnational nature of the virus, the quick and unified continental and regional community responses deserve highlighting too.

7.8.1. The African Union Response to COVID-19 The AU has been at the forefront of the fight against the virus. On 3 February 2020, the Africa Centres for Disease Control (Africa CDC), a three-year old agency of the AU, established the Africa Task Force for Novel Coronavirus (AFCOR) before the continent had a single confirmed case. AFCOR’s mission is to assess preparedness and provide technical assistance and is executed by six Working Groups focusing on different priorities in Regional Collaborating Centres, which take into account the capacity, systems and priorities in the five economic regions of the AU.114 Of the 13 co-chairs of the different Working Groups, two are women (Dr Lyndah Makayotto, Kenya, and Dr Natalie Mayet, South Africa).115 AFCOR implements the Joint Continental Strategy developed by health ministers of the AU Member States, focusing on limiting transmission.116 It also helped establish 44 African laboratories with COVID-19 testing capability by mid-April.117 Africa CDC has also launched the Partnership to Accelerate COVID-19 Testing, also known as “Test, Trace, Treat.”118 Meanwhile, to enable countries’ quick procurement of critical medical and laboratory supplies, Africa CDC together with African Export-Import Bank has set up the Africa Medical Supplies Platform.119 In March, the AU launched the COVID-19 Response Fund and in April Chair President Cyril Ramaphosa appointed special envoys to secure international economic support for the continent.120 Weekly webinars permit a cross-continental exchange of best practices between clinicians.121 The AU has also cooperated with Regional Economic Communities (RECs).122 At the intergovernmental level, African ministers of finance have met to discuss mutual support and to coordinate their response, for example when establishing joint protocols on border closures.123 Only four ministers of finance out of the 55 Member States of the AU are women.124 The African Union’s guidelines on gender-responsive responses to COVID-19 prioritise gender equality and women’s empowerment and demand gender mainstreaming and integration in the COVID-19 responses of Member States.125 This quick responsiveness has elevated the role the continent is playing in the global fight against the pandemic, especially when it comes to the quest for a vaccine. Genome sequencing is necessary to analyse the virus subtypes and subsequently produce a vaccine.126 In December 2019, Africa CDC had established the Pathogen Genomics Intelligence Institute to connect African research centres, pool resources and stop national silos, as a way to fight infectious diseases like Ebola.127 As a result of this, the African Centre of Excellence for the Genomics of Infectious Disease in Nigeria was able to publish the first virus sequence three days after receiving a sample on 1 March.128 Soon after, the Institut National de la Recherche Biomédicale in DR Congo also published a virus sequence.129 In September 2020, Africa CDC with WHO launched a network of laboratories dedicated to genome sequencing.130

7.8.2. The Regional Response The Economic Community of West African States (ECOWAS) was the first REC in Africa to start developing a preparedness assessment and response to the pandemic, in February 2020.131 The West African Health Organization, which acquired experience with infectious diseases during the Ebola epidemic in 2014, developed operational guides for the fight against COVID-19 in the ECOWAS region and organised online training for health care workers.132 ECOWAS also developed a joint post-pandemic recovery economic response plan.133

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AWD Report 2020

The Intergovernmental Authority on Development (IGAD) region faced several crises in 2020. Aside from COVID-19, Ethiopia, Kenya and Somalia are battling the worst locust invasions in decades, which led Somalia declared a state of emergency in February.134 On 30 March 2020, IGAD’s Heads of State convoked a virtual extraordinary summit, formulated an IGAD Regional Response Strategy to pandemic diseases and established an Emergency Fund for the control of pandemic diseases and the strengthening of health systems in the region.135 Within the East Africa Community’s (EAC’s) 2012 legal and institutional framework of the Governance of Science, Technology and Innovation of the Community, Partner States exchanged knowledge and established a plan for the fight against COVID-19 on 25 March 2020.136 On 15 April 2020, EAC deployed nine mobile laboratories and COVID-19 test kits to all Partner States, as part of its Mobile Laboratory Project.137 Meanwhile, the Southern Africa Development Community (SADC) convened an emergency virtual meeting on 6 April 2020, adopted Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations across the Region During the COVID-19 Pandemic and put in place a Regional COVID 19 Trade and Transport Facilitation Cell.138 It recommends its 16 Member States put in place national transport facilitation cells.139 The Common Market for Eastern and Southern Africa (COMESA) mapped out the trade sector response and its Member States established uniform standards to minimise disruptions in supply chains.140

7.9. African Women’s Leadership in the Fight Against COVID-19 Women played an important role in tackling Ebola. In Sierra Leone, the Ugandan epidemiologist Dr Monica Musenero became a central figure in the fight against the disease. She was recently appointed as a presidential advisor on COVID-19, before the first case had been reported in the country.141 A study has shown that women traditional leaders are often very involved in mediating between their communities and the health system and are more likely to engage with women and children and educate themselves and their community to comply with health directives in epidemics.142 Thus, women traditional leaders played a crucial role during the Ebola epidemic in Liberia and, more generally, in the promotion of health care in Botswana, Ghana and South Africa.143 African women have shown leadership in the fight against COVID-19. Namibia’s Prime Minister Saara Kuugongelwa supported the national response against COVID-19, which focused on prevention, closed borders early and led vigorous campaigns that reached even remote indigenous communities.144 Dr Zanetor Agyeman-Rawlings, a Ghanaian member of parliament, sensitised women in her community to the importance of good hygiene, which mobilised them to spread the message further and become informal community leaders themselves.145 Blen Sahilu, an advisor to the Ethiopian president, has spread information using social media and subsequently reached mainstream media to raise awareness of the virus’ threat. Thus, she mobilised multiple groups to spread awareness in various languages to all age groups using leaflets and posters.146 At the local level, Mayor of Freetown, Sierra Leone, Yvonne Aki-Sawyerr not only adopted immediate measures like awareness campaigns to minimise the impact of the virus but also sought long-term improvements in the city’s health infrastructure.147 Women’s leadership outside of politics has also led to policies being formulated to address the gendered impact of the pandemic. The Corporate Social Responsibility Department of the Central Bank of Egypt, which is headed by a woman and whose employees are mostly women, has started in conjunction with the Federation of Egyptian Banks to supply funding for monthly cash transfers for irregular workers. This has addressed problems in cash flow in the informal work place.148 The Tunisian Ministry of Women, the Family, Children and Seniors and the Tunisian Solidarity Bank have teamed up to offer domestic workers loans repayable at a preferential rate.149

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Make Every Woman Count

7.10. National Responses in Support of Women A number of countries have assisted MSMEs by providing tax exemptions or financial help. Banks in Malawi have been allowed to offer a three-month moratorium on interest payments by the Reserve Bank of Malawi for SMEs.150 A competition to provide technical and financial aid to SMEs to re-launch the economy of Guinea targets rural women and youth.151 Some countries have therefore included gender-smart stimulus packages that support smaller businesses too.152 Moreover, African banks’ loans have been adapted to women lenders by relaxing both the collateral requirement and the interest rates.153 More specifically, a livelihood assistance safety net is being developed for the informal sector in Morocco and South Africa.154 In Burkina Faso and Senegal, a solidarity fund has been set up to finance women’s vegetable and fruit businesses (US$9 million and US$10 million, respectively).155 More holistically, the four countries of the MENA region have started to focus on mainstreaming gender in their immediate response, in cooperation with national and international women’s organisations, thereby potentially paving the way to standardise their inclusion in future policy-making.156 In Algeria and Morocco, the National Crisis Committee also includes representatives from the Ministry of National Solidarity, the Family and Women’s Affairs and in Tunisia the Ministry of Finance cooperates with the Ministry of Women, the Family, Children and Seniors to tailor the response to the most vulnerable.157 Women have adapted their businesses to produce masks for the general population. Mounia Lazali, for instance, a professional designer and painter based in Algeria, has been producing face masks since March, using African prints cotton and cotton waxed fabrics.158 In Madagascar, the chocolate brand MIA (Made in Africa) is procuring funds to secure the local production of face masks and free meals with the help of women unemployed as a result of the virus.159 Women who have lost their jobs are now sewing medical gowns blouses on behalf of the Tunisian government in return for a small sum.160 The Organisation for Economic Co-operation and Development (OECD) sees an opportunity for triggering the remuneration of subsistence activities more broadly, though, also identifying the risk that women could be segregated into entrepreneurship associated mostly with sewing and cooking.161 Technology has played a big role in addressing the challenges women are facing under COVID-19. Dr Ola Brown, the founder of the Nigerian Flying Doctors Investment Group, has launched mobile testing booths, which reduce the use of personal protective equipment.162 The South African founder of Robots Can Think and leader of the educational stream for Women in AI South Africa, Natalie Raphil, has developed a 3D printer to produce 100 masks a day for hospitals within Johannesburg.163 The Ugandan NGO Institute for Social Transformation has created the Market Garden App, through which market women in Uganda have been able to sell virtually and deliver food by boda bodas before the 2pm curfew.164 Technology has played a role in addressing SHRH issues. In order to address the growing rate of teenage pregnancy, Plan International has created animations and radio programmes on SHRH and teenage pregnancy, in cooperation with the nationwide youth radio and broadcasting station in Malawi, Timveni, as well as television programmes in Rwanda and Zambia and radio stations across Zimbabwe.165 Sierra Leone has adopted back-to-school policies to allow pregnant girls to pursue their education.166 Since women could not access shelters owing to the lockdown, the Ministry of Women, the Family, Children and Seniors in Tunisia opened a new half-way centre in which the survivors of domestic violence could self-quarantine before accessing the actual shelter.167 Aside from Tunisia, seven other countries (Angola, Egypt, Mozambique, Rwanda, South Africa and South Sudan) have launched or extended GBV helplines to operate 24/7.168 Using technology, the National Union of Moroccan Women has created an app for smartphones to work in partnership with the Department of Justice and police units, which has a location feature to trace the caller. 169

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AWD Report 2020

Moreover, women from the Women’s Network for Peacebuilding in Libya have used their phones to connect and continue their activism for peace online. They spread information through radio stations, including giving out the numbers to hotlines for survivors of GBV and distributing cleaning and sanitising products to low-income households and to migrant and refugee communities. They have also joined forces with health care providers and legal aid campaigners to distribute personal protective equipment to both doctors and nurses, as well as prison inmates, who are at particular risk of contracting the virus. 170 Lesotho’s Ministry of Health, UNICEF and Help Lesotho are providing SHRH counselling remotely and individually by WhatsApp message and phone call.171 Lessons learnt from both the HIV/AIDS and especially the Ebola epidemics in West and East Africa during the past two decades are one of the main reasons for the continent’s preparedness. Many African countries have adopted practices to fight those epidemics that have now been adapted to the new pandemic.172 For instance, hand-washing stations were put in places in which crowds of people gathered, such as schools, prayer houses or marketplaces, which led to quick adoption of hand-washing by the population.173 Access to water also plays a vital role in this pandemic. To ensure this, girls in Senegal have installed 24/7 “Tipi Tapa” water stations in communities where access to drinking water is limited, in order to encourage hand-washing.174 They have also started a campaign called “#RaKhassouChallenge” which translates as “hand-washing,” and visited community members to raise awareness of its importance.175 International observers have lauded the quick jump to action and coordination effort by the AU as “its finest hour” so far since its inception.176 This momentum for cooperation should be upheld to address other transborder issues like climate change and human trafficking, both of which affect women disproportionately. The pandemic response by African countries needs to be gender-inclusive while also taking into account the situation of marginalised women living with HIV, transgender women or sex workers, who are exposed to greater risks of contracting the virus and who often lack housing and resources to protect themselves adequately.177 Current technological advances could be used to strengthen health care systems and make them more accessible.178 Examples are use of the WhatsApp chatbot to answer questions on COVID-19 in South Africa, available in five languages, and the development of a triaging app in Nigeria by a health tech start-up to help users self-assess their coronavirus status or risk category.179 Since the pandemic can be transmitted by both genders, this digitalisation of the health care system will be efficient only if the digital gender gap is eradicated and women and men have the same access to these health care apps. Moreover, these apps should also include corollary health risk information, such as SHRH information.180 Comprehensive and age-responsive sexual education online or via other methods of media should be made available, and adolescents should have access to a broad range of contraceptives.181 As for education, the United Nations Educational, Scientific and Cultural Organization (UNESCO) recommends appropriate distance learning practices, which take into account the gender digital divide, and adopting policies that ensure the return to school.182 Moreover, “girls’ clubs” could be installed in more countries. These were created in several countries during the Ebola epidemic to provide safe spaces in which to promote girls’ education and other life skills.183 Adopting these safe spaces, as well as policies to track the return of girls to school, is recommended. In turn, this could also lower HIV rates. In the case of Botswana, it has been proven that, after the ninth year of schooling, each additional year reduces the infection risk of girls by 12%, whereas fewer years limit girls’ decision-making power and therefore increases the risk.184 Moreover, back-to-school policies should be adopted in Equatorial Guinea and Tanzania to ensure that the potential of the growing number of young girls who are becoming pregnant is not lost and to thereby mitigate the secondary long-term consequences of the virus. With regard to access of justice, a number of countries had put in place legal aid frameworks prior to the pandemic.185 During the pandemic, a CSO in Sierra Leone called AdvocAid working with women deprived of their liberty and affected by violence has transitioned its activities to be conducted over the phone or through the passing of forms to be filled out by detainees.186

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Make Every Woman Count

PART II: THE AFRICAN UNION AND GENDER INFRASTRUCTURE

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AWD Report 2020

1. WOMEN’S RIGHTS MECHANISMS

The Maputo Protocol includes an explicit definition of discrimination against women and girls that is missing in the African Charter.

1.1. The Maputo Protocol The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa was adopted in 2003. Often referred to as “the Maputo Protocol,” it owes its name to the capital city of Mozambique where it was adopted. Its adoption was a landmark decision of the AU and its Member States as it provides a binding comprehensive legal framework on women and girls’ civil and political as well as economic, social and cultural rights. The Protocol builds on provisions on gender equality in the African Charter on Human and Peoples Rights, also called “the African Charter.” This document, which was adopted in 1981 and came into force in 1986, serves as the “parent treaty” of the Maputo Protocol and laid out the foundation of the African Human Rights System. The Maputo Protocol includes an explicit definition of discrimination against women and girls that is missing in the African Charter. The Protocol states that, “Discrimination of women means any distinction, exclusion or restriction or any differential treatment based on sex and whose objectives or effects compromise or destroy the recognition, enjoyment or the exercise by women, regardless of their marital status, of human rights and fundamental freedoms in all spheres of life.” The Protocol defines women as “persons of female gender, including girls.” The Maputo Protocol is a progressive and innovative document that is the outcome of an African-led process. It captures the various challenges facing African women and girls on a daily basis and offers a diverse range of rights to African women and girls. It is the first human rights instrument globally to refer explicitly to HIV and AIDS. It is innovative in legally prohibiting FGM, providing legal protection from VAW, in both public and private spheres and at times of peace and war. Moreover, the Protocol recognises access to safe abortion, under specific conditions, as a human right for women and girls. It therefore offers the blueprint for women and girls’ rights in Africa.

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Articles in the Maputo Protocol Art. 1

Definitions

Art. 2

Elimination of Discrimination against Women

Art. 3

Right to Dignity

Art. 4

The Rights to Life, Integrity and Security of the Person

Art.5

Elimination of Harmful Practices

Art.6

Marriage

Art. 7

Separation, Divorce and Annulment of Marriage

Art. 8

Access to Justice and Equal Protection before the Law

Art. 9

Right to Participation in the Political and Decision-Making Process

Art. 10

Right to Peace

Art. 11

Protection of Women in Armed Conflicts

Art.12

Right to Education and Training

Art.13

Economic and Social Welfare Rights

Art. 14

Health and Reproductive Rights

Art. 15

Right to Food Security

Art. 16

Right to Adequate Housing

Art. 17

Right to Positive Cultural Context

Art. 18

Right to a Healthy and Sustainable Environment

Art. 19

Right to Sustainable Development

Art. 20

Widows’ Rights

Art. 21

Right to Inheritance

Art. 22

Special Protection of Elderly Women

Art. 23

Special Protection of Women with Disabilities

Art. 24

Special Protection of Women in Distress

Art. 25

Remedies

Art. 26

Implementation and Monitoring

Art. 27

Interpretation

Art. 28

Signature, Ratification and Accession

Art. 29

Entry into Force

Art. 30

Amendment and Revision

Art. 31

Status of Present Protocol

Art. 32

Transitional Provision

1.1.1. Signature and Ratification of the Maputo Protocol The Maputo Protocol came into force on 25 November 2005 following ratification by 15 countries, the required number for AU treaties to enter into force. Over the years, many other countries have signed and/or acceded to the Protocol. As of November 2020, of the 55 AU Member States, 42 have ratified the Maputo Protocol, while 10 have only signed it. Once countries have ratified/acceded to the Protocol they are referred to as “States Parties.” Three countries – Botswana, Egypt and Morocco – have neither signed nor acceded to the Protocol. The African Women’s Decade 2010–2020 committed AU Member States to universal ratification, domestication and implementation of the Maputo Protocol by 2020. As of January 2021, 13 countries have yet to accede to the Protocol, in keeping with the continental commitment.

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FIGURE 1.

RATIFICATION/ACCESSION MAP OF THE MAPUTO PROTOCOL AS OF NOVEMBER 2020187

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Liberia

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Eswatini

Lesotho Signed and ratified the Maputo Protocol (42 countries)

South Africa

Signed but have not ratified (10 countries) Neither signed nor ratified (3 countries)

Source: Centre for Human Rights, University of Pretoria

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1.1.2. States’ Periodic Reporting on the Maputo Protocol Similar to the African Charter, States Parties are required to submit Periodic Reports to the African Commission on Human and Peoples’ Rights (“the Commission”) on progress made in fulfilling their obligations under the Maputo Protocol. The purpose of this is to establish a framework for constructive dialogue between the States Parties and the Commission. In turn, this serves as a tool to take stock of the measures undertaken by States Parties towards their obligations under the Maputo Protocol, to identify issues and barriers to actual implementation and to enable the Commission to provide recommendations to States Parties. Article 26 of the Maputo Protocol provides that, “States Parties shall […] in their periodic reports submitted in accordance with Article 62 of the African Charter, indicate the legislative and other measures undertaken for the full realisation of the rights herein recognised.” With ratification of/accession to the Maputo Protocol, States Parties agree to submit a state report every two years on the legislative and other measures undertaken towards the full realisation of the rights of women and girls as articulated in the Protocol. To guide States Parties in their periodic reporting under Article 62 of the African Charter and Article 26 of the Maputo Protocol, the Commission has adopted Guidelines on State Reporting.188 The Centre for Human Rights at the University of Pretoria played a key role in drafting these guidelines.189 As stated in the guidelines, periodic reports should cover the following: ■ Measures taken to implement recommendations in the concluding observations of the Commission emanating

from the examination of the previous report; ■ Measures taken to publicise and disseminate the concluding observations adopted after the examination of the

previous report; ■ Progress made in the implementation of the Protocol since the last report; ■ The challenges faced in the implementation of the Protocol since the last report, and steps taken to address

these challenges; ■ Future plans with regard to the implementation of the Protocol; ■ Measures that have been taken to implement recommendations made during country visits by the special

mechanism on women’s rights; States Parties to the African Charter and the Maputo Protocol are to submit their periodic reports in two parts. The first part (A) addresses the rights in the African Charter and the second part (B) the rights in the Maputo Protocol. In addition to the guidelines, the Centre for Human Rights provides state reporting training and technical support. Of the 42 countries that have ratified/acceded to the Protocol, currently 30 countries have received this training.190 Few States Parties have fulfilled their reporting obligation. The countries that have reported include Angola, Burkina Faso, Cameroon, DR Congo, Gambia, Lesotho, Malawi, Mauritania, Namibia, Nigeria, Rwanda, Senegal, South Africa, Togo and Zimbabwe. Once reports have been submitted, they are examined in open sessions of the Commission. This means that NGOs, National Human Rights Institutions, State representatives and other invitees are able to participate in the session. Important to note is that only the commissioners are able to pose questions to the state representatives.

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FIGURE 2.

MAP OF STATES’ REPORTING ON THE MAPUTO PROTOCOL

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Liberia

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Eswatini

Lesotho South Africa Countries that have not submitted their initial state report on the Maputo Protocol Countries that have submitted their initial state report on the Maputo Protocol

Source: The Centre for Human Rights, University of Pretoria

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Box 1 presents an example of another initiative employed to track implementation.

Box 1. Other initiatives tracking implementation of the Maputo Protocol191 The AUC Women, Gender and Development Directorate (WGDD) has developed the Maputo Protocol Scorecard and Index (MPSI) to enhance accountability and to assess progress on the implementation of the Protocol and on gender equality and women’s empowerment. The MPSI was developed in response to COVID-19, to facilitate a gender-equitable response so as to reduce the disproportionate impact of the pandemic on women and girls. WGDD organised a first review of the MPSI framework in cooperation with Africa Leadership Forum and Plan International. Attendees included representatives of UN agencies, the AU, RECs and civil society. The Commission will support implementation of the framework.

1.1.3. Reservations Six Member States have ratified/acceded to the Protocol with reservations or have made declarations on specific articles. These countries are Cameroon, Kenya, Namibia, Mauritius, South Africa and Uganda. Most of the reservations relate to the right concerning marriage and access to safe abortion, Articles 6 and 14 in particular. Table 1 presents an overview of these reservations. Gambia ratified the Protocol with four reservations (Articles 5, 6. 7 and 14) but lifted these in 2006. Likewise. Rwanda ratified the Protocol with a reservation on Article 14(2)(c) on access to safe abortion and lifted it in 2012.

Table 1. Overview of Existing Reservations by Member States Country

Reservation

Cameroon

Declaration on homosexuality, abortion (except therapeutic abortion), genital mutilation, prostitution or any other practice not consistent with universal or African ethical and moral values

Kenya

Art. 10(3) on reducing military expenditures in favour of social development Art. 14(2)(c) on access to safe abortion “The Government of the Republic of Kenya does not consider as binding upon itself the provisions of Article 10(3) and Article 14(2)(c), which is inconsistent with the provisions of the Laws of Kenya on health and reproductive rights”

Namibia

Art. 6(d) on recording and registration of customary marriages “The Government of the Republic of Namibia has a reservation on Article 6(d) of the Protocol, until legislation regarding the recording and registration of customary marriages is enacted”

Mauritius

Art. 6(b)(c) on minimum age of marriage and polygamous marriages Art. 9 on women’s equal participation in political life. Art. 4(2)(k), Art. 10(2)(d) and Art. 11(3) on measures for women seeking refuge or asylum, and protection of women in armed conflict Art. 14(2)(c) on access to safe abortion

South Africa

Art. 4(j) on death penalty Art. 6(d) on registration and recognition of marriages Art. 6(h) on equal rights of women and men in marriage in relation to nationality of their children “Article 4(j): does not find application in the Republic of South Africa as the death penalty has been abolished” “Article 6(d): South Africa does not consider itself bound by this Article that a marriage be recorded in writing and registered in accordance with national laws in order to be legally recognised” “Article 6(h): South Africa enters a reservation on this Article, which subjugated the equal rights of men and women with respect to the nationality of their children to national legislation and national security interests, on the basis that it may remove inherent rights of citizenship and nationality from children” Interpretative declaration on Art. 1(f) on definition of discrimination of women and Art. 31 on definition of human rights protection “Article 1(f): definition of ‘discrimination against women’ in the Protocol has the same meaning and scope as provided for in and interpreted by the Constitution of South Africa from time to time.” “Article 31: The South African Bill of Rights shall not be interpreted to offer less favourable protection of human rights than the protocol, which does not expressly provide for such limitations.”

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Country

Reservation

Uganda

Art. 14(1)(a) on women entirely the right to control their fertility regardless of their marital status Art. 14(2)(c) on access to safe abortion “Article 14(1)(a): In respect to the women’s right to control their fertility interpreted to mean; women entirely have the right to control their fertility regardless of their marital status” “Article 14(2)(c): interpreted in a way conferring an individual right to abortion or mandating a State Party to provide access thereto. The State is not bound by this clause unless permitted by domestic legislation expressly providing for abortion”

1.2. The Maputo Plan of Action The Maputo Plan of Action (MPoA) was adopted in January 2006 at the AU Heads of State Summit. It offers a costed plan of action for the operationalisation and implementation of the Continental Policy Framework (CPF) for Sexual and Reproductive Health and Rights (SRHR). See Box 2.

Box 2. The Continental Policy Framework for Sexual and Reproductive Health and Rights The CPF for SRHR was developed in response to the call for reducing maternal and infant morbidity and mortality and the mainstreaming of SRHR in primary health care to work towards achieving the Millennium Development Goals. The AUC developed this framework in collaboration with UNFPA, the International Planned Parenthood Federation African Regional Office and other development partners.

The first MPoA covered the period from 2007 to 2010, after which it was extended to 2015. After undertaking an extensive review of this period, the AU Heads of State endorsed the revised MPoA. The overall goal of the MPoA is “for African Governments, civil society, the private sector and all multisector development partners to join forces and redouble efforts so that together, the effective implementation of the continental policy framework on SRHR, Agenda 2063 and SDGs are achieved in order to end preventable maternal, newborn, child and adolescent deaths by expanding contraceptive use, reducing levels of unsafe abortion, ending child marriage, eradicating harmful traditional practices including female genital mutilation and eliminating all forms of violence and discrimination against women and girls and ensuring access of adolescents and youth to SRHR by 2030 in all countries in Africa.”192 The MPoA is considered as the AU’s attempt to operationalise Article 14 of the Maputo Protocol. Applying it in conjunction with the two General Comments on Article 14 of the Protocol, adopted by the Commission, will go a long way in aiding AU Member States to fulfil their obligations under the Protocol and usher in an era of health rights enjoyment for African women.

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The revised MPoA has 10 key strategies for action: 1. Improving political commitment, leadership and good governance; 2. Instituting health legislation and policies for improved access to Reproductive, Maternal, New-born, Child and Adolescent Health (RMNCAH) services; 3. Ensuring gender equality, women and girls’ empowerment and respect of human rights; 4. Improving strategic communication for SRH and reproductive rights; 5. Investing in the SRH needs of adolescents, youth and other vulnerable marginalised populations; 6. Optimising the functioning health system for RMNCAH; 7. Investing in human resources by strengthening training, recruitment and retention; 8. Improving partnerships and multi-sectoral collaborations for RMNCAH; 9. Ensuring accountability and strengthening M&E, research and innovation; 10. Increasing investments in health. The MPoA includes cost estimates for the requirements of RMNCAH care and distinguishes two scenarios: 1. Costing of when all women’s RMNCAH care needs are provided: a total of US$318 billion would be required from 2016 to 2030 2. Costing to provide unmet RMNCAH care needs of women on the African continent over this period: a total of US$182 billion would be required These cost estimates are indicated with the aim of mobilising appropriate responses of African governments, donors, civil society and the private sector. Meeting the objectives as stated in the MPoA appears to be challenging: a variety of factors have hampered implementation. The main factors include: ■ Inadequate financing for health, low human resources and high donor dependency; ■ Limited political commitment and leadership in some countries; ■ Inadequate health legislation and fragmentation of government structures in addition to weak national health systems;

specifically, these systems see a shortage of SRH services, resources and capacity, weak monitoring of data and a lack of male involvement; ■ Complexity of tracking government budgets and identifying how much is allocated to health and SRH; ■ The still widespread nature of harmful practices, affecting millions of women and girls; ■ Limited empowerment of women and girls; ■ Lastly, varying levels of awareness on the costed action plan.

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SOLIDARITY FOR AFRICAN WOMEN’S RIGHTS CAMPAIGN When the African Charter on Human and Peoples’ Rights (“the Banjul Charter”) was adopted in 1981, women’s rights actors immediately began to point out its deficiency in terms of addressing systemic issues of discrimination against women and girls as well as its inadequacy in relation to specifically providing for women’s rights. Whereas the Banjul Charter makes general provisions on discrimination and equality before the law under Articles 2, 3 and 18, the absence of specific protection for women’s rights is glaring. In the years following adoption of the Banjul Charter, various groups began to agitate for AU Member States to adopt regional normative frameworks to address women and girls’ rights on the continent. These groups were largely structured around the thematic focus areas of their work. Groups such as the Inter-African Committee were already advanced in their advocacy for the adoption of a regional legal instrument to end FGM. Increasingly, women’s rights organisations realised that there was a need to collectively advocate for a comprehensive women’s rights legal instrument. By end-2002, the AU had developed a draft women’s rights protocol, which was to be tabled before the Member States. With this knowledge, and on reading the draft protocol, Equality Now in collaboration with the Ethiopian Women Lawyers Association and following consultations with other women’s rights organisations, convened women’s rights groups in Africa to discuss the draft protocol and give their input towards enriching it and ensuring that all women’s rights issues were comprehensively addressed. The collective voice and strategy of African women’s rights organisations agitated relentlessly for a comprehensive African women’s rights protocol that addressed most of the issues affecting women and girls in Africa, leading to the adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (“the Maputo Protocol”) in July 2003. The successful efforts of the women’s organisations resulted in a stronger protocol, which led to the rise of the Solidarity for African Women’s Rights (SOAWR) Coalition in 2004, which was, and continues to be, housed at Equality Now as the Secretariat. SOAWR became a formidable force that champions for translating rights in paper into reality for African women. Over the past 17 years, the SOAWR Coalition has grown to be the largest coalition advocating for the Maputo Protocol, with a current membership of 63 women’s rights organisations in 32 countries in Africa. Today, it boasts of having significantly contributed to the ratification of the Maputo Protocol by 42 of the 55 AU Member States, with significant domestication and implementation of the Maputo Protocol in most of these countries. SOAWR recently launched its Strategic Plan 2020–2024, which seeks to achieve universal ratification of the Maputo Protocol, greater domestication and implementation and state accountability of the Maputo Protocol.

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1.3. Solemn Declaration on Gender Equality in Africa The Solemn Declaration on Gender Equality in Africa (SDGEA) is a non-binding agreement adopted by the Heads of State and Government of Member States of the AU during the Third Ordinary Session of the Assembly in Addis Ababa, Ethiopia, in July 2004.193 In adopting the SDGEA, the Heads of State and Government reaffirmed their commitment to mainstreaming the principles of gender equality at the continental level, identifying as priority areas HIV/AIDS, women’s rights to participation in peace processes, the recruitment of child soldiers and girl children as sex slaves and trafficking in women and girls, among other concerns. Since passing in 2004, the SDGEA has been used as a reporting framework on the state of gender equality and women’s empowerment in Africa.194 In particular, the SDGEA calls on Heads of State and Government to address the issue of violence and gender-based discrimination against women and girls at the national and regional level. It builds on the principles enshrined in Article 4 (l) of the Constitutive Act of the AU,195 as well as the Dakar Platform for Action (1994); the Beijing Platform for Action (1995); the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979); the African Plan of Action to Accelerate the Implementation of the Dakar and Beijing Platforms for Action for the Advancement of Women (1999); the Outcome Document of the Twenty-Third Special Session of the United Nations General Assembly Special Session on the Implementation of the Beijing Platform for Action (2000); UNSCR 1325 (2000) on Women, Peace and Security; and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003).

1.3.1. Structure of the Solemn Declaration The SDGEA is divided into six thematic areas: Health; Peace and Security; Governance; Human Rights; Education; and Women’s Economic Empowerment.196 In particular, it calls on Heads of State and Government to: ■ Adopt gender-specific measures to combat the HIV/AIDS pandemic, and implement both the Abuja and the

Maputo Declarations on Malaria, HIV/AIDS, Tuberculosis and Other Related Infectious Disease (para 1); ■ Promote women’s rights to meaningful participation and representation in peace processes and post-conflict

reconstruction in Africa, as per UNSCR 1325 (2000), and ensure that women are appointed as representatives for roles at the AU and similar platforms (para 2); ■ Adopt a public campaign, within a year of the Declaration, to combat and prohibit the recruitment and abuse of

child soldiers and girl children in Africa as wives and sex slaves (para 3); ■ Conduct public campaigns, within two years of the Declaration, that aim to eliminate GBV and trafficking in

women, and reinforce legal and social mechanisms that aim to positively influence the behaviour of African society towards the protection of women from impunity for crimes committed against them (para 4); ■ Promote gender parity at all levels, from the AUC to all the other organs of the AU, including the New

Partnership for Africa’s Development and the RECs, as well as at the national and local governance levels (para 5); ■ Promote and protect women’s rights as human rights, including adopting legislative measures and raising

awareness in order to ensure women’s right to development (para 6); ■ Adopt and implement legislative reforms to protect women’s rights to land and property ownership and

inheritance, and guarantee the right to adequate housing (para 7); ■ Adopt gender-specific measures to ensure women and girls have access to quality education, particularly in rural

areas, as a way to achieve the targets under “Education For All” (para 8). Paragraph 9 encourages states to sign and ratify the Maputo Protocol, while Paragraph 10 establishes AIDS Watch Africa as a unit under the Office of the Chairperson of the AUC. AIDS Watch Africa is responsible for reporting annually on the situation of HIV/AIDS on the continent and promoting the production of anti-retroviral drugs at the local level in African states. Paragraph 11 calls for the establishment of a women’s trust fund to pool resources for the furtherance of the women’s rights agenda. Paragraphs 12 and 13 require the submission of annual reports to the Heads of State on progress in implementing the principles of gender equality and gender mainstreaming enshrined in the SDGEA.

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1.3.2. Implementation of the Solemn Declaration The SDGEA is widely regarded as “the most strategic reporting instrument deployed by the AU in the promotion of Gender Equality and Women’s Empowerment in Africa,”197 and is a powerful tool for increasing accountability and “ownership of the gender equality agenda”198 at the national and regional level. Under Paragraphs 12 and 13, the SDGEA requires States to submit annual reports on progress made in adopting, strengthening and implementing laws and policies that address GBV and discrimination against women and girls.199 The reporting obligations listed are a way for states to share best practices and solutions to challenges met in enhancing gender equality and to identify areas of improvement.200 To support Member States in their reporting obligations, the ministers responsible for gender and women’s affairs, at the first AU Conference of Ministers, held in October 2005,201 adopted two key documents: the Implementation Framework of the SDGEA and the Guidelines for Monitoring and Reporting on the SDGEA. The Implementation Framework in particular called on states to, inter alia; ■ Adopt, strengthen and effectively implement legislation that holds perpetrators of GBV accountable for their actions; ■ Raise awareness about GBV violence and its causes and consequences by engaging in community dialogue; ■ Adopt strategies that effectively and adequately respond to the needs of victims and survivors of GBV; ■ Train and support law enforcement and media personnel on how to handle and report on cases of GBV with sensitivity; ■ Enact and enforce measures to eliminate and punish trafficking in women and girls and harmful practices such as

FGM, among others.

1.3.3. Challenges in the Implementation of the Solemn Declaration The SDGEA was adopted primarily because of the AU’s concerns regarding women’s status in African societies and the negative impacts of HIV/AIDS among girls and women, conflict, poverty, harmful traditional practices, displacement, VAW, exclusion from politics and decision-making and limited access to education and health care, among other concerns. This notwithstanding, the SDGEA’s success has been curtailed by the lack of (or slow) reporting by Member States.202 For instance, only a total of 13 Member States submitted reports for consideration in the 10th annual report on the implementation of the SDGEA.203 The lack of funding has significantly curtailed the ability of coordinating bodies such as the WDGG and the Africa Union Women’s Committee (AUWC) to address the concerns of non-reporting AU Member States, thus preserving the status quo and limiting the successful implementation of the SDGEA. Despite the SDGEA’s potential for increasing state accountability in the realisation of gender equality, adherence to the requirements of state reporting has remained low. Six years since the adoption of the SDGEA, the AUC Chairperson on implementation of the SDGEA denounced the “snail pace reporting and or lack of reporting by 37% of Member States”204 as an emerging challenge to the successful implementation of the SDGEA’s objectives.205 To address the above concerns, the Chairperson and the Women and Gender Development Directorate (WGDD) organise workshops and training for non-reporting Member States, in order to inform them of reporting procedures and address any questions.206 Established in 2002, the WGDD leads, guides and coordinates the AU’s efforts in achieving gender equality and realising the goals and priorities of the SDGEA.207 Along with the Africa Union Women’s Committee (AUWC), an advisory body established to bolster gender equality and increase the meaningful inclusion and effective participation of women at decision-making levels, the WGDD coordinates the continent’s progress towards gender equality, by working with government, civil society actors and other stakeholders within the framework of the SDGEA and the Maputo Protocol. By December 2017, a total of 28 Member States had submitted their reports for the 12th report of the AUC Chairperson on the implementation of the SDGEA for 2016,208 the highest number of reports submitted for consideration since reporting began in 2006.209 According to the AUC Chairperson, Senegal has remained the most consistent with reporting, followed

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closely by Mauritius.210 Cabo Verde, Central African Republic, Guinea-Bissau and Morocco were called on to submit their Initial Reports, while the WGDD was commended for its efforts in capacitating Member States in the submission of their reports and tackling the “reporting fatigue” that often prevents consistent reporting.211 As of December 2017, a total of 51 Member States (94%) had submitted their initial reports to the AUC Chairperson for consideration, as illustrated below; States that had submitted reports by 2017 (51 states)

States that had not submitted reports by 2017 (4 states)

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Comoros, Chad, Congo, Côte d’Ivoire, DR Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Libya, Madagascar, Mali, Malawi, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sahrawi Republic, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Sudan, Somalia, South Sudan, South Africa, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe

Cabo Verde, Central African Republic, Guinea-Bissau, Morocco

1.4. Important Developments in Gender Equality and Women’s Empowerment since 2004 The AU has taken multiple steps to include women and girls in the continent’s development agendas. Aspiration 6 of the 2063 Agenda, a continent-wide strategic framework to transform Africa into a “powerhouse of the future,”212 highlights the need for a people-driven Africa and calls on the AU to ensure that no child, woman or man is left behind or discriminated against on the basis of age, gender, religion, economic status, political orientation, ethnicity, etc.213 Article 3 of the Protocol on Amendments of the Constitutive Act of the AU recognises women’s important role as drivers of social and economic change and calls on states to “ensure the effective participation of women in decision-making, particularly in the political, economic and socio-cultural areas.”214 Since the adoption of the SDGEA in 2004, the AU and its organs have been instrumental in developing frameworks, strategic documents and implementation strategies to ensure gender is mainstreamed at the regional level, including the following.

1.5. African Union Scorecard The AUC, with the technical support of the United Nations Economic Commission for Africa (UNECA), publishes an African Union Scorecard, an innovative measure intended to complement the progressive African Gender and Development Index launched in 2004 and track the implementation of various key frameworks adopted to ensure gender equality and women’s empowerment.215 The Scorecard is also used to amalgamate and showcase best practices. For instance, the 2016 Scorecard commended Rwanda for its use of affirmative action to ensure women’s meaningful participation in decision-making processes on issues that concern them.216 The country has been internationally recognised for having a majority of women in parliament.217

1.6. Gender Equality and Women’s Empowerment Strategy Most recently, the AU launched the African Union Strategy for Gender Equality and Women’s Empowerment (“the GEWE Strategy”) 2018–2020, a framework for inclusive growth that aims to amplify women’s voices, strengthen their agency and foster participation and protection across the following four pillars:218 ■ Pillar 1: Maximising opportunities, outcomes and e-tech dividends ■ Pillar 2: Dignity, security and resilience ■ Pillar 3: Effective laws, policies and institutions ■ Pillar 4: Leadership, voice and visibility

The GEWE Strategy is unique in that within each pillar are outcome indicators to ensure the mitigation and elimination of factors that inhibit efforts to achieve the goals of the SDGEA.219 To realise the objectives of the GEWE Strategy, the WGDD commenced work on three key implementing documents: an Operational Plan, a Results Framework and a Harmonisation Matrix. These aim to guarantee the effective and successful operationalisation and implementation of the GEWE Strategy, given the various specific contexts and priorities of Member States and RECS.220

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GENDER IS MY AGENDA CAMPAIGN

The SDGEA has inspired multiple civil society campaigns for gender equality in Africa. One year after its adoption, in July 2005, women’s groups and CSOs in Africa created the Gender Is My Agenda Campaign (GIMAC) to increase the participation of civil society in the monitoring and implementation of the SGDEA.221 The campaign was created during the Sixth Women’s Pre-Summit Consultative meeting in Tripoli, Libya, and officially launched in June 2006 at the Eighth Women’s Pre-Summit held in Banjul, Gambia. Under the coordination of Femmes Africa Solidarité, annual Pre-Summit Consultative Meetings to the AU Assembly of Heads of State and Government are held to “collectively advocate, on one side, for the implementation of the SDGEA by the Heads of State, and on the other side, to inform and mobilize the civil society around the SDGEA.”222 In 2012, GIMAC, with technical and financial support from UNECA, developed the Solemn Declaration Index to strengthen its reporting mechanisms relating to SDGEA implementation.223 The AU adopted the Index during its 25th Ordinary Session in Johannesburg, South Africa, in June 2015.224 The AU Union specifically resolved to: ■ Conduct a five-year progress review of the AWD, including monitoring and tracking progress towards

its goals; ■ Foster the harmonisation of multi-sectoral efforts to achieve gender equality and encourage multi-

institutional platforms for peer review, mutual learning and mutual accountability; ■ Bolster institutional capacities to increase efficiency in data collection and its analysis, generation

and management, at the national and regional level, to support evidence-based strategic planning, implementation, monitoring and evaluation.

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2. AU INITIATIVES/ CAMPAIGNS 2010–2020

In the decade between 2010 and 2020, the AU embarked on identifying women’s priority concerns as a crosscutting issue through its various departments. A number of gender-specific programmes were designed to respond to the imperative of the AU’s mandate to promote gender equality. This section looks at the continentwide initiatives established in this regard.

2.1. Africa Women’s Decade 2010–2020 The AU launched the AWD225 to reinvigorate commitments contained in various AU decisions and to accelerate the implementation of these and other regional and international commitments relating to gender equality and women’s empowerment.226 The AU Road Map for the AWD specified the need for both a bottom-up and a topdown approach in implementation that would integrate grassroots women. Ten core themes were identified for the Decade as priority areas to be implemented at national, regional and continental level: 1. Fighting Poverty and Promoting Economic Empowerment of Women and Entrepreneurship 2. Agriculture and Food Security 3. Health, Maternal Mortality and HIV and AIDS 4. Education, Science and Technology 5. Environment, Climate Change and Sustainable Development 6. Peace and Security and Violence Against Women and Girls 7. Governance and Legal Protection 8. Finance and Gender Budgeting 9. Women and Decision-Making 10. Mentoring Youth (Men and Women) to be Champions of Gender Equality and Women’s Empowerment Key to achieving the goals of the AWD was the AU Gender Policy 2009 for Member States, which was succeeded by the AU Gender Equality and Women’s Empowerment (“the GEWE Strategy”) 2018–2028. These frameworks provided the continental gender policy architecture for all AU Member States and RECs. AU gender strategy implementation is pegged to the remaining duration of the first Ten-Year Implementation Plan of Agenda 2063 and responds to the seven continental aspirations from a gender perspective.

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2.2. African Union GEWE Strategy 2018–2028 The GEWE Strategy 2018–2028, launched in 2019, is a framework document that builds on the 2009 AU Gender Policy. It seeks to realise the Maputo Protocol and Agenda 2063 by eliminating or at least mitigating “the major constraints hindering gender equality and women’s empowerment” and amplifying the voices of women and girls and providing them with full and equal opportunities to participate in all aspects of life. The Strategy is built around four pillars, each of which includes outcomes and proposed activities relevant to its implementation.227 Pillar 1 (Maximising opportunities, outcomes and e-tech dividends) recognises the importance of quality education and control over productive resources to empower women economically.228 To this end, the AU will, among others, initiate a continental campaign to “declare illiteracy a harmful traditional practice,” make “out of school” a punishable offence and mobilise scholarships.229 To promote gendered solutions and increase women and girls’ participation in technology, the AU will lobby e-tech firms and financial institutions to help fund start-ups.230 Pillar 2 (Dignity, security and resilience) recognises that VAW and harmful traditional practices, such as early child marriage and FGM, violate women and girls’ right to dignity, security and bodily and psychological integrity. To eliminate VAW and harmful traditional practices, the Strategy proposes to implement AU Guidelines on Ending Violence against Women and Girls and fund national projects to penalise it.231 Pillar 3 (Effective laws, policies and institutions) notes the gap in implementing and enforcing these women’s rights, despite the legal, policy and institutional reforms across Africa. To advance the gender agenda in Africa and promote and support the full and universal ratification, domestication and implementation of the Maputo Protocol, the AU will implement a new initiative called the All for Maputo Protocol Programme.232 Under Pillar 4 (Leadership, voice and visibility), the Strategy focuses on raising women’s voices and allowing them to participate with impact. It seeks to do so by removing barriers and ensuring women have equal representation in all areas of decision-making.233 Among other initiatives, the Strategy seeks to mobilise political support for the parity principle in political institutions, public and private boards, and the peace process.234 It also seeks to amplify the voices and visibility of girls and women in the media, at home, in the community and in public spaces.235

2.3. AU Campaign to End Child Marriage 2015–2023 The AUC launched the Campaign to End Child Marriage in Africa on 29 Mary 2014 at the Fourth AU Conference of Ministers of Social Development. It was driven by the need to combat the violations of children’s rights posed by the phenomenon of child marriage with its high prevalence in Africa. In 2013, the AU had noted that 30 of the 41 countries globally with a prevalence rate of 30% or higher were African.236 Furthermore an estimated 17% of girls, or 125 million, were married before the age of 18 in Africa, with approximately 90% of AU Member States having child marriage prevalence rates ranging from 1% to 30%.237 The AU has stated that the harmful practice of child marriage practice disproportionately affects girls and constitutes a serious violation of their rights.238 By identifying child marriage head-on as a harmful practice,239 the AU has highlighted important African frameworks such as the African Charter on the Rights and Welfare of the Child, the Maputo Protocol and the African Youth Charter, which prohibit marriages of children under 18 or marriages in which the parties have not freely given consent. Agenda 2063 has as one of its priority areas and action points to end child, early and forced marriages by 2023. Through this campaign, the AU also seeks to promote the attainment of SDG Target 5.3 – “Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.”

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The AU Assembly adopted the African Common Position on Child Marriage – the Sandton Commitment to Ending Child Marriage – in July 2015.240 H.E. President Edgar Lungu of Zambia became the AU Champion on Ending Child Marriage in Africa. Campaign strategies at the national level have aimed to achieve legal reform, policy advocacy and increased awareness and to encourage governments to adopt strategies to expedite the end of child marriage, including mobilising grassroots communities.241 Important AUC actions to achieve results have revolved around advocacy, monitoring capacity-building and technical assistance.242 Various milestones have marked the campaign at the continental level. The AUC has convened two continental African Girls Summits, in 2015 and 2018, to promote advocacy and the sharing of best practices on ending child, early and forced marriage and to review progress by Member States on commitments. In 2016, the AUC collaborated with the Confederation of African Football to use the platform to create awareness on the Campaign to End Child Marriage under the awareness theme “Together Against the Marriage of Young Girls.”243 The AU appointed a Special Rapporteur on Child Marriage and a Goodwill Ambassador for Ending Child Marriage in Africa in 2014. The African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child jointly issued a General Comment in 2017 to underscore African continental and regional commitments on the plight of children in child marriages, children at risk of child marriage and women who were married before the age of 18.244 By 2018, 30% of the 24 AU Member States that had launched the campaign had enacted laws to advance its implementation;245 41% had developed national strategic plans to address child marriage, with 55% also establishing a national inter-sectoral coordination mechanism.246 Two RECs embraced the campaign. ECOWAS has a Child Policy, Plan of Action and Road Map Towards the Prevention of Child Marriage.247 SADC has a Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage.248 It was originally envisaged that the campaign would run for two years but it was later extended to 2017.249 It was then extended to a second phase (2019–2023).250 Phase II (2019–2023) seeks to consolidate engagement and mobilise key stakeholders, programmes and initiatives, including AU Interdepartmental cooperation and research.251

2.4. AU Campaign on Ending Female Genital Mutilation On 11 February 2010, the AUC launched the AU Initiative on Eliminating Female Genital Mutilation (FGM) in order to accelerate the end to the harmful practice. At the time of the launch, it was feared that more than 50 million girls aged below 15 years were at risk of being subjected to FGM if no significant interventions were taken.252 President Roch Marc Christian Kaboré of Burkina Faso was chosen as the AU Champion on Eliminating FGM. In 2011, the AU formally called upon the UN General Assembly to adopt a resolution banning FGM globally.253 The African Group at the UN Headquarters in New York amplified the UN Commission on the Status of Women recommendation of March 2012 that FGM be formally considered by the General Assembly under the agenda item “Advancement of Women.”254 In 2012, the UN General Assembly unanimously passed a resolution banning FGM, whose ground-breaking text was also partially sponsored by the Group of African States.255 Agenda 2063 captured the continent’s aspirations to end FGM as a harmful practice (Aspiration 6). Three years later, in 2018, the AU stated that, out of the 27 African countries where FGM is practised, there is a prevalence rate of higher than 80% in eight African countries, and it found a correlation between the harmful practices of child marriage and FGM.256 In response, the AU adopted the Saleema Initiative: the AUC will mobilise Saleema Youth Victorious Ambassadors, who will work with the AU Youth Envoy to advocate the end of FGM. The campaign, which aims to end FGM by 2030, is designed as an advocacy and communication vehicle to engage communities, youth and women to participate in dialogue on the harmful practice from a multi-dimensional perspective.

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2.5. Campaign for Accelerated Reduction of Maternal Mortality in Africa 2009–2019 The Campaign for the Accelerated Reduction of Maternal Mortality in Africa (CARMMA) is the AU’s response to facilitate countries to achieve universal access to quality maternal, new-born and child health services.257 It was launched in 2009 under the theme “Africa Cares: No Woman Should Die While Giving Life.” It aimed to support Member States to meet the targets of Millennium Development Goals 4 and 5, address the problem of high neonatal and maternal mortality rates across African and complement the efforts of AU Member States in responding to these challenges. CARMMA promotes maternal health and the sexual and reproductive rights of women, alongside children and adolescents’ health. Through the CARMMA scorecard, countries are monitored on eight health indicators of child and maternal mortality. In response to CARMMA, countries have developed national strategic plans and strategies to implement CARMMA objectives. CARMMA was designed at the behest of the Heads of State and Government to target the broad participation of state and non-state actors in government, civil society, the private sector and at community level, among others.258 It promotes policy dialogue, advocacy and community social mobilisation among its strategies to achieve its goals.259 The AU has produced three status reports on various related themes for 2014, 2017 and 2019 to further the CARMMA advocacy objectives.260 In July 2010, an AU summit was held with the theme “Maternal, Infant and Child Health and Development in Africa.”

2.6. Silencing the Guns in Africa by 2020 For 2019, the AU adopted the theme “Refugees, Returnees and IDPs: Towards Durable Solutions to Forced Displacement in Africa.” Following this, the AU embarked on implementing 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 1325.261

2.7. AU Agenda 2063 and the SDGs Agenda 2063 is the AU’s 50-year agenda to articulate “The Africa We Want,” Containing seven aspirations, 20 goals and 39 priority areas, it was adopted in the AU Summit of 2015. Created through a people-driven process, it serves as the foundation for Africa’s socioeconomic and inclusive development. The AU has made a concerted effort to link Agenda 2063 to key development goals and targets under the global 2030 Agenda for Sustainable Development.262 To this end, the AU incorporated the 17 SDGs into all 20 goals of Agenda 2063.263 The First Ten-Year Implementation Plan of Agenda 2063 (2013–2023) was designed to provide guidance to Member States, RECs and AU organs as they prepare medium-term development plans.264 The AU Development Agency (AUDA–NEPAD) was established in 2019 to implement Agenda 2063 on behalf of the AU.

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2.8. AU Summits Significantly, the 2015 AU Summit was convened under the theme “Year of Women’s Empowerment and Development Towards Africa’s Agenda 2063” to review progress on gender commitments. This was followed by the AU Declaration on “2015 Year of Women’s Empowerment and Development Towards Africa’s Agenda 2063.” The Declaration emphasised the AU Assembly’s commitment to advancing the rights of women in Africa and the goals of the AWD 2010–2020. The 26th AU Summit was held under the theme “2016: African Year of Human Rights” with a particular focus on the rights of women’ under Agenda 2063.265 These meetings provided a platform for women from Africa to deliberate on gender priorities and to advance gender agenda-setting on the continent.

2.9. Network of African Women in Conflict Prevention and Mediation (FemWise) The Network of African Women in Conflict Prevention and Mediation (FemWise) is an initiative of the AU to promote a 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. Established by the Peace and Security Council, FemWise intends to consolidate African women’s roles in conflict prevention and mediation efforts within the African Peace and Security Architecture (APSA), which hosts the FemWise Secretariat. FemWise’s focus is on mentoring, building capacity and deploying women to support conflict management measures on the continent.266

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PART III: UNITED NATIONS INITIATIVES ON GENDER EQUALITY

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1. UN WOMEN UN Women was created in July 2010 as the United Nations Entity for Gender Equality and the Empowerment of Women,267 in response to UN General Assembly Resolution 63/311, with a Comprehensive Proposal for the Composite Entity for Gender Equality and the Empowerment of Women by the UN Secretary-General. The creation of UN Women took form after years of negotiations between UN Member States, women’s groups and civil society. The goal of UN Women is to assist Member States and the entire UN system in accelerating progress towards gender equality and the empowerment of women and girls.268 UN Women, headquartered in New York, leads, coordinates and monitors the work on gender equality done within the UN system. Globally, UN Women works with UN Member States in setting standards for gender equality and supports governments and civil society in the domestication and implementation of these standards through laws, policies, programmes and services. To this end, it can provide technical and financial support and form partnerships with civil society. UN Women works towards achieving the SDGs. UN Women runs according to a multi-tiered intergovernmental governance structure. Normative support and policy guidance are provided by the General Assembly, the Economic and Social Council, and the Commission of the Status of Women. Operational activities and policy guidance are provided by the General Assembly, the Economic and Social Council and the Executive Board.269 In Africa, UN Women focuses on providing technical and policy advice, generating knowledge and the development and tools and capacity to support country-level programming. UN Women works via two regional offices in Nairobi (the East and Southern Africa regional office) and Dakar (the West and Central Africa regional office) and various country and multi-country offices. These offices exist to facilitate the development of strategic partnerships at regional level, leveraged by country offices.270 Such regional partnerships can lead to programming tailored to individual countries. The UN system, governments and civil society actors work together in the implementation of such programmes.271 UN Women has 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. UN Women works through providing intergovernmental support, UN system coordination, governance and national planning, and policy and advisory support.272

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2. BEIJING+25 In 1995, at the UN Fourth World Conference on Women, 189 countries unanimously adopted the Beijing Declaration and Platform for Action (BDPfA) to reaffirm global commitment to achieving gender equality for all.273 This builds on the principles enshrined in CEDAW, adopted by the UN General Assembly in 1979.274 The Platform requires states to review and submit reports on national progress made and challenges encountered in the implementation of the Platform Beijing Declaration and Platform for Action.275 Within this, NGOs are encouraged to submit parallel reports for consideration. UN Women has published a guidance note for states on conducting comprehensive national-level reviews that feed into the global reports published by UN Women.276 The Platform identifies 12 critical areas of concern: women and poverty; education and training of women; treatment of the girl child; women’s human rights; women and the economy; women and health; women and armed conflict; institutional mechanisms; women and the media; women in power and decision-making; violence against women; and women and the environment.277 At the continental level, UNECA leads the African Review process for the Platform. UNECA’s Ninth African Regional Conference, held in Addis Ababa on 17–19 October 2019, commemorated 25 years of the Platform278 and led to the adoption of the Addis Ababa Declaration on Accelerating the Implementation of the Beijing Platform for Action: Towards a Transformational Change for Women and Girls in Africa.279 Since 1995, African women and world leaders have made significant progress in addressing the 12 critical areas of concern, including but not limited to:280 ■ Adoption of UNSCR 1325, which calls for the involvement and effective participation of women in peace

and security processes and the recognition of sexual violence in conflict as a punishable offence under international human rights and international criminal law (2009);281 ■ The increased participation and election of women in presidential, ministerial and public office positions. To

date, women make up 61% of Rwandese members of parliament, the highest percentage in the world; Rwanda is closely followed by Namibia, Senegal and South Africa.282 Ethiopia elected its first female president in October 2018, and women occupy 50% of seats in Prime Minister Abiy Ahmed’s Cabinet. Liberia’s Ellen Johnson Sirleaf of Liberia (president from 2006 to 2018), Malawi’s Joyce Banda (president from 2012 to 2014), Central African Republic’s Catherine Samba-Panza (president from 2014 to 2016) and Mauritius’ Ameenah Gurib-Fakim (president from 2015 to 2018) are a few more examples of women taking up the highest positions of leadership within their respective countries, and are representative of the success of grassroots and national movements to make more space for women and youth in decision-making offices;283 ■ The AU’s adoption of various legal and human rights instruments to realise the objectives of the Platform and

ensure gender equality on the continent, most recently through the AU GEWE Strategy 2018–2028, which aligns itself with CEDAW, Agenda 2030 (Goal 5 on gender equality), the Maputo Protocol and SDGEA, to name a few.284

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3. THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT

In 2015, world leaders of the UN Member States adopted the 2030 Agenda for Sustainable Development to respond to common challenges. This Agenda offers a roadmap to achieving a more sustainable world with the aim of “leaving no one behind.” The 2030 Agenda consists of the 17 SDGs, which represent a universal call to action and provide a framework for addressing poverty, inequality, climate change, environmental degradation, peace and justice. The 2030 Agenda for Sustainable Development recognises the SDGs are all interconnected and must go hand-in-hand. As the name suggests, the aim is to achieve the SDGs by 2030.285,286 SDG 5 specifically focuses 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.287 SDG 5 is integral to all of the SDGs, meaning that all the SDGs depend on the achievement of SDG 5. Ending discrimination against women and girls is a basic human right but also is integral to and has a multiplier effect across all other development issues. Women and girls are at the forefront of all these issues and are the most impacted by them. At the same time, women and girls are the best placed in society to address them.288 Women and girls’ empowerment, participation and leadership are crucial to achieve working and healthy economies, create just and inclusive communities and establish a sustainable relationship to our environment.289 Over the years, progress towards achieving the SDGs has been made and governments are integrating them into national policies. However, important global issues, such as the climate crisis, conflict, inequality and GBV, are slowing down progress. The UN has thus established the UN Decade of Action to call for the acceleration of sustainable solutions to the development challenges outlined in the Agenda.290 In September 2019, UN Secretary-General António Guterres acknowledged that members were off track in achieving the SDGs, and called on all sectors of society to start mobilising action on three levels: global action (e.g. greater leadership and more resources), local action (e.g. inclusion of the SDGs in legal, policy and institutional frameworks of (local) governments and communities); and people action (e.g. stakeholders such as youth, civil society actors, the media and academia). In addition, annual platforms will take place in order to drive SDG progress.291,292

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4. MAKING EVERY WOMEN AND GIRL COUNT FLAGSHIP PROGRAMME INITIATIVE

Accurate information on gender equality and women and girls’ rights is widely inaccessible and unavailable. Currently, there is an absence of relevant data on 80% of the gender equality indicators under the SDGs, even though these data and statistics are important tools for informing policy- and decision-making to achieve gender equality and women’s empowerment.293,294 These gender data gaps exist as a result of various interrelated challenges. First, many countries do not prioritise gender data, and this area is under-funded because it is not specified in policies and laws. Second, technical and financial challenges (e.g. underresourcing) exist that limit the production of gender statistics. This is especially the case for SRHR, VAW and unpaid domestic work and care. Lastly, widespread issues with the accessibility and use of data mean there are limits on its use to inform policy and advocacy (e.g. lack of user-friendly formats).295 The Flagship Programme Initiative Making Every Women and Girl Count was launched in 2016 to run till 2020, funded by the Australian, Irish, Mexican, United Kingdom and United States governments and the Bill and Melinda Gates Foundation.296 The aim is 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.297 The programme hopes to achieve this through a public–private initiative at national, regional and global level. ■ At national level, partnerships between UN Women and national statistical offices and other stakeholders

are forged to set up participatory plans monitoring the SDGs with a gender lens. ■ At the regional level, policy and programmatic support projects are launched to implement the programme.

These projects work to lift barriers to the production of gender statistics, support national plans to monitor the SDGs and promote South–South cooperation and the sharing of best practices. ■ At the global level, the programme coordinates all activities and aims to link technical and normative

activities to the national and regional levels (e.g. SDG monitoring, data assimilation and dissimilation and programmatic work).298 These activities provide a way of monitoring the implementation of the gender equality commitments made in the 2030 Agenda for Sustainable Development.

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5. GENERATION EQUALITY

The 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.299 Originally, it was scheduled to take place in May and July in 2020; however, this has been postponed until the first half of 2021 as a result of the COVID-19 crisis. “The Forum will be a global public conversation for urgent action and accountability for gender equality, celebrate the power of women’s rights activism, feminist solidarity and youth leadership to achieve transformative change.”300 The Forum is set to scale up action and establish concrete partnerships to achieve gender equality. These concrete partnerships are also called “Action Coalitions.” These aim to achieve tangible results during the UN Decade of Action 2020–2030 in order to achieve the SDGs. The Action Coalitions themes include: 1. Gender-Based Violence 2. Economic Justice and Rights 3. Bodily Autonomy and Sexual and Reproductive Health and Rights 4. Feminist Action for Climate Justice 5. Technology and Innovation for Gender Equality 6. Feminist Movements and Leadership Twenty-five years have passed since the adoption of the Beijing Platform for Action in 1995. Many of the women, men, girls and boys who are speaking up against inequalities, discrimination and stigmatisation are from a new generation, born after 1995. It is therefore important to include and bring together voices and change-makers in the women’s rights movement from different generations. In order to achieve this, UN Women has launched a multigenerational campaign called Generation Equality: Realising Women’s Rights for an Equal Future.301,302 This calls for an end to sexual harassment and all forms of violence against girls and women, equal pay, equal division of unpaid (domestic) care and work, provision of health care responding to the needs of women and girls, and equal participation in political and decision-making processes.303

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6. SPOTLIGHT INITIATIVE

The UN reports that one in three women worldwide has been subjected to physical or sexual violence, including femicide, sexual violence, intimate partner violence, trafficking and harmful practices. The Spotlight Initiative, launched in 2017 by the UN and the European Union, aims to address these issues and place the elimination of violence against women and girls at the heart (and under the “spotlight”) of efforts to achieve gender equality and women’s empowerment as per SDG 5.304 To operationalise the initiative, various partners, most notably the European Union, made an initial investment of €500 million. As the UN reports, “the modality for the delivery is a UN multi-stakeholder trust fund, administered by the Multi-Partner Trust Fund Office, with the support of core agencies UNDP [the United Nations Development Programme], UNCEF, UNFPA and UN Women, and overseen by the Executive Office of the UN Secretary-General.”305 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.306 To achieve these objectives, the UN and the AUC have signed an agreement to implement a US$40 million programme to eliminate all forms of violence against women and girls in Africa, in alignment with the AU Agenda 2063 and the 2030 Agenda for Sustainable Development, and with special consideration for ways to address the rise in violence against women and girls as a result of the COVID-19 pandemic.307

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PART IV: AU REGIONAL ECONOMIC COMMUNITIES

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The AU recognises eight Regional Economic Communities (RECs) – that is, regional groups of African countries that differ in their role, structure and membership. These are 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).308 The role of the RECs is to facilitate wider integration between individual regions and the African Economic Community. They consist primarily of trade blocs and, in some cases, involve political cooperation. The RECs, often referred to as “the building blocks” of the AU,309 have undertaken various activities and programmes towards integration, including in the areas of trade, infrastructure, peace and security, agriculture, food security and social affairs.310 The Protocol governing relations between the RECs and the AU (the AMU is not a signatory to the Protocol)311 promotes cooperation and harmonisation of policies and programmes; it also stresses the promotion of gender equality in all areas of cooperation.312 The RECs are considered essential players in promoting, implementing, assessing and monitoring progress on gender and are routinely included when assessing the progress made towards realising women and girls’ rights on the continent.313

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1. ARAB MAGHREB UNION AMU Member States: Algeria, Libya, Mauritania, Morocco and Tunisia

1.1. Brief History (Mission, Members etc.) In 1988 the Heads of Government of Algeria, Libya, Mauritania, Morocco and Tunisia met to discuss the creation of the Arab Maghreb Union (AMU). With the approval of the Treaty Instituting the Arab Maghreb Union, the AMU was officially established in February 1989, and the Member States agreed to coordinate, harmonise and rationalise their policies and strategies to achieve sustainable development in all sectors of human activities.314 The objectives of the AMU, as articulated under Article 3 of the Treaty, include: 1) to strengthen the fraternal links that unite the Member States and their peoples; 2) to achieve progress and prosperity of member societies and the defence of their rights; 3) to contribute to the preservation of peace based on justice and equality; 4) to pursue a common policy in different domains; and 5) to work towards the progressive realisation of the free movement of persons, services, goods and capital.315 The Treaty also establishes goals regarding culture, economy, trade and market integration, and security. The cultural goal is to promote cooperation aimed at promoting education at its various levels, at safeguarding the spiritual and moral values emanating from the tolerant teachings of Islam and at preserving the Arab national identity.316 A particular emphasis is placed on the exchange of students and teachers, the creation of a joint university, cultural institutions and research. The economic goal is “to achieve industrial, agricultural, commercial and social development of Member States.”317 Concerning trade, the goal include is to create a free trade area with the dismantling of all tariff and non-tariff barriers.318 Finally, to promote peace and security, the goal includes creating a common defence and for the Union to be a platform for negotiating peace, improving security and resolving existing conflicts among the Member States.319 The AMU consists of 10 principal structures and institutions. These include the Presidency Council, the Consultative Council, the Secretariat, the Meeting of Prime Ministers, the Council of Foreign Ministers and the Judicial Organ.320 The sources consulted did not confirm the existence of an institution or a division of a structure of the AMU that focuses on gender equality and women’s rights.

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1.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) There is little information on women’s rights mechanisms of the AMU. In 2010, the AMU held a forum on the role of women’s entrepreneurship in the economic development of the Member States.321

1.3. Strengths, Challenges and Gaps In 2019, the Member States commemorated the 30th anniversary of the establishment of the AMU. The commemoration offered an opportunity to review progress made, challenges and gaps remaining. In recent years, the Member States and the Secretariat of the AMU have taken a more active role both regionally and internationally. In 2012, the AMU met to discuss terrorism in the region and fighting organised crime; however, the initiatives taken have not been successful.322 In 2014, the AMU ministers of trade established a committee to promote the Intra-Africa Trade initiative and to deliberate on the negotiations for the Continental Free Trade Area.323 Meanwhile, the Maghreb Bank for Investment and Foreign Trade was inaugurated in Tunis in 2015. This will promote regional financial integration, strengthen intra-regional trade and invest in infrastructure, transportation, telecommunications and electrical power projects and programmes.324 Nevertheless, challenges remain, and the AMU has mostly been unsuccessful in meeting its goals and objectives. Despite recent activities, the AMU has mostly been inactive, and its work characterised by inefficiency. The last meeting of the Heads of State was held in 1994. The Union has thus been unable to resolve the tensions and fulfil its objective of promoting peace and resolving conflicts. Tensions between Member States, such as between Morocco and Algeria over the status of the Sahrawi Republic, can in part explain the lack of activity. It may also be explained by the importance placed on the principle of non-interference in domestic affairs of Member States as articulated in the Treaty Instituting the Arab Maghreb Union.325 More recently, in some of the Member States, the social and political unrest occurring as part of the Arab Spring has changed the political landscape and hampered the AMU’s ability to make significant progress on its objectives. While there are signs that the AMU, in particular the Secretariat, is becoming more active, there do not appear to be any plans to pursue a common policy on women’s rights and gender equality or to include a gender perspective in the different goals and policies.

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2. THE COMMUNITY OF SAHEL–SAHARAN STATES CEN–SAD Member States: Benin, Burkina Faso, Central African Republic, Chad, Comoros, Côte d’Ivoire, Djibouti, Egypt, Eritrea, Gambia, Ghana, Guinea-Bissau, Libya, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, Sierra Leone, Somalia, the Sudan, Togo and Tunisia

2.1. Brief History (Mission, Members etc.) The Community of Sahel–Saharan States (Communauté des États Sahélo-Sahariens, CEN–SAD) was founded in 1998, following the Conference of Leaders and Heads of States held in Tripoli, Libya. Two years later, in 2000, CEN–SAD became a REC during the 36th Ordinary Session of the Conference of Heads of State and Government of the Organization of African Unity.326 CEN–SAD has observer status at the UN following the adoption of General Assembly Resolution 56/92. With 24 members and covering an area greater than half of the African continent, CEN–SAD is one of the largest RECs in Africa. All of its members are directly connected to and affected by the Sahara Desert; thus, CEN–SAD is mandated to establish a knowledge-based economic union to face drought and aridity.327 Article 1 of the Treaty Establishing CEN–SAD states that the objectives of the Community are to 1) establish a comprehensive economic union with a particular focus on the agricultural, industrial, social, cultural and energy domains; 2) adopt measures to promote free movement of individuals and capital; 3) promote measures to encourage foreign trade, transportation and telecommunications among Member States; 4) promote measures to coordinate educational systems; and 5) promote cooperation in cultural, scientific and technical fields.328 CEN–SAD also focuses on strengthening peace, security and stability, which are supported by provisions in the Security Charter and the Niamey Declaration.329 In 2013, CEN–SAD held an extraordinary session of the Conference of the Heads of State and Government to restructure and revive the Community. During the session, the delegates adopted a Revised Treaty. This emphasises deepened cooperation in regional security and sustainable development and gives renewed focus to the objectives of the Treaty Establishing CEN–SAD. The organisational structure of CEN–SAD under the revised Treaty consists of eight organs and institutions, including the Conference of Heads of State/ Government, the Executive Council, the Permanent Peace and Security Council, the Permanent Council in charge of Sustainable Development and the Economic Social and Cultural Council. The Revised Treaty will come into force after 15 ratifications; to date, 13 Member States have ratified it.330

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2.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) The sources consulted did not indicate any women’s rights mechanisms by CEN–SAD. Commitments to working with CSOs to promote gender equality were also not found. Women have also not led CEN–SAD since its creation.

2.3. Strengths, Challenges and Gaps Since its beginning, CEN–SAD has adopted declarations and treaties to implement the Community’s goals. However, despite it taking such steps, challenges and gaps remain. The first challenge observed is weak commitment to and implementation of the Community’s objectives. For example, the Free Trade Area Treaty drafted by the CEN–SAD Special Solidarity Fund has not yet been implemented.331 Similarly, CEN–SAD has not yet implemented all the stages of the Abuja Treaty, such as the elimination of tariff and non-tariff barriers.332 Second, the CEN–SAD region experiences some instability linked to migration, political unrest, conflict and the presence of jihadist movements.333 These challenges have led to difficulties in implementing activities, programmes and agreements. It has also hampered the ability to meet the overall objectives of the Community in general, and on peace and security matters in particular. At the Fifth CEN–SAD Defence Ministers meeting in 2016, however, the delegates adopted the 2009 Sharm-el-Sheikh Declaration to reinforce cooperation in the field of anti-terrorism and security. They also agreed on a revised draft for a conflict prevention, management and resolution mechanism of CEN–SAD and a draft protocol for future establishment and operation of the Permanent Peace and Security Council of CEN–SAD.334 Third, overlapping membership in other RECs and an unwillingness of CEN–SAD members to pay their financial commitments have resulted in lack of resources and progress in the work of CEN–SAD. Linked to this is the weakened nature of the institutional body, caused by political instability and a lack of political will.335 Limited resources mean the institutional structure of CEN–SAD is unable to coordinate its work efficiently. Finally, the work of CEN–SAD has focused mostly on, and been challenged by, achieving peace, security and stability, with less attention on other areas, such as women and girls’ rights and gender equality.

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3. COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA COMESA Member States: Burundi, Comoros, DR Congo, Djibouti, Egypt, Eswatini, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Uganda, Zambia and Zimbabwe

3.1. Brief History (Mission, Members etc.) The Common Market for Eastern and Southern Africa (COMESA) was established in December 1994 to replace the Preferential Trade Area. COMESA serves as “an organisation of free independent sovereign states which have agreed to co-operate in developing their natural and human resources for the good of all their people.”336 The main focus of COMESA is to form a large economic and trading unit. The objectives include to promote sustainable economic development and to cooperate in the promotion of peace, security and stability among its members.337 Under Article 3 of the Treaty Establishing COMESA, Member States agree to adhere to some principles. These include inter-state cooperation, active cooperation between neighbouring countries and the promotion and harmonisation of policies and programmes among Member States.338 As for the organisational structure, COMESA consists of the COMESA Heads of State and Government (COMESA Authority), the Council of Ministers, the COMESA Court of Justice, the Committee for the Heads of Central Banks, the Intergovernmental Committee, the Technical Committees and the Secretariat.339

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3.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) Since its establishment, COMESA has developed several mechanisms addressing aspects of women’s rights and gender equality. The Treaty Establishing COMESA contains several articles that are relevant. Article 154 recognises that, “women make significant contribution towards the process of socioeconomic transformation and sustainable growth and that it is impossible to implement effective programmes for rural transformation and improvements in the informal sector without the full participation of women.”340 Concerning gender-based discrimination, Article 154 (b) calls on Member States to eliminate regulations and customs that are discriminatory against women and girls through legislative and other measures.341 Finally, Article 155 promotes initiatives on the advancement of women in business in the region to enable them to participate effectively in private sector development, investments, agriculture value chains and trade.342 For example, to strengthen and advance women’s participation in trade, COMESA implements the Small-Scale Cross Border Trade Initiative and the 50 Million African Women Speak Platform Project, to enable women entrepreneurs to access information on financial and non-financial services and opportunities.343 The Member States of COMESA have adopted several policy frameworks to address women and girls’ rights and gender equality, and provide a gender perspective in broader and more specific aspects. In 2002, COMESA adopted the Gender Policy to guide and direct the planning and implementation of programmes and activities from a gender perspective.344 The Revised Gender Policy, adopted in 2016, aligns with the COMESA Social Charter, Agenda 2063 and the SDGs. The Revised Policy articulates specific objectives and policy measures for 17 policy areas, including women’s economic empowerment, women’s participation in decision-making structures, SRHR, maternal health, HIV/AIDS, child marriage and child labour, and human trafficking.345 It also calls on the Member States and the COMESA Secretariat to ensure the availability of sex-disaggregated data at the national level.346 Furthermore, the Revised Policy calls for the establishment of a gender management system and a gender mainstreaming accountability system at the Secretariat and at the Member State level.347 In 2011, COMESA adopted the Social Charter to promote human development, social justice and the well-being of all COMESA citizens.348 The guiding principles of this are gender equality and equity per the COMESA Gender Policy.349 The Charter focuses on social development, cooperation and programming on areas such as employment and working conditions; social protection; the elimination of harmful social and cultural practices; health care, including HIV/AIDS and sexual and reproductive health care; and education, training and skills development.350 During the AWD, COMESA adopted frameworks such as the COMESA Framework for the Multi-Sectoral Programme on HIV/AIDS 2012–2015, the 2016 COMESA Health Framework and the 2018 Framework for the Comprehensive Support for Women and Youth Cross-Border Traders in the COMESA Region. The COMESA Health Framework seeks to ensure the region is free from the threat of preventable communicable and non-communicable diseases and death; strengthen regional and national health systems and infrastructures; and provide strategic interventions to address some of the drivers of disease burdens and measures to address the challenges.351 Since 2011, the COMESA Secretariat has published annual progress reports on issues such as GBV and women’s participation in decision-making.352 The 2016 COMESA HIV and AIDS Policy serves as a comprehensive guide to Member States and other stakeholders in the region on the HIV/AIDS response.353 The Policy is inspired by Article 110 of the COMESA Treaty, which commits Member States to “the control of pandemics or epidemics, communicable and vector-borne diseases that might endanger the health and welfare of citizens of the Common Market.”354 The Policy is backed by the AU Catalytic Framework to End AIDS, TB, and Eliminate Malaria in Africa by 2030; the Joint United Nations Programme on HIV/AIDS (UNAIDS) Strategy “On the Fast Track to End AIDS” and SDG 3: “Ensure good health and well-being for all at all ages.”355 The goals of the Policy include eliminating HIV-related discrimination in all spheres by 2030; eliminating new HIV infections among all

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groups by 2030; and ending AIDS-related deaths by 2030.356 Among its objectives are the establishment of maternal and sexual and reproductive health-friendly systems for the prevention of new HIV infections; and ensuring access to HIV treatment, care and support for women of reproductive age.357 Concerning women’s economic empowerment, the Framework for Comprehensive Support for Women and Youth Cross-Border Traders in the Region for the Period 2018–2023 aims to increase the competitiveness of women and youth in COMESA regional economic integration processes, ensuring equitable participation and benefits from regional integration programmes at all levels.358 COMESA has also established an institutional structure focusing on gender. Since 2009, the Division of Gender and Social Affairs in the COMESA Secretariat has worked on issues such as HIV/AIDS, reproductive health and harmful practices. The Division also coordinates and oversees implementation of the COMESA Gender Policy in Member States and in the Secretariat.359 COMESA has also established the Federation of National Associations of Women in Business (FEMCOM) to support women in the private sector. Since 2012, FEMCOM, along with the Secretariat, has implemented the Business Incubator for African Women Entrepreneurs. This aims to support African female entrepreneurs in agro-processing, handicrafts and information and communication technology (ICT), in particular in the COMESA region.360 The Women’s Economic Empowerment Fund, established in 2013, aims to alleviate the challenges faced by women in accessing financial resources, such as access to credit.361

3.3. Strengths, Challenges and Gaps COMESA has conducted considerable advocacy work concerning cross-border trade that includes a significant gender perspective. While the Small-Scale Cross Border Trade Initiative contributes significantly to intra-COMESA and intraAfrica trade, female traders continue to face significant challenges such as harassment, violence and a lack of access to storage facilities and resources.362 Frameworks that address these challenges are weak, and many women traders lack access to information. COMESA has also adopted significant frameworks concerning women’s rights and gender equality, such as on HIV/AIDS, harmful practices, SRHR, maternal health, human trafficking and VAW.363 Particularly notable is COMESA’s framework on HIV/AIDS. A challenge for gender-related programmes concerns low budgeting and low priority accorded to gender in national budgeting frameworks.364 The Revised Gender Policy calls on Member States to provide contributions and resources to the COMESA Secretariat Gender Division. However, limited resources hamper COMESA’s ability to implement these commitments.365 For the gender commitments of COMESA to work effectively and have a real impact, all countries must implement them. COMESA and its Member States should continue to incorporate gender mainstreaming in all its policies, structures, systems, programmes and activities in line with the 2016 Gender Policy. As of April 2020, only four Member States (Mauritius, Malawi, Madagascar and Seychelles) have signed the Social Charter and no country has ratified it.366 The COMESA Member States submit performance reports to the Secretariat based on the COMESA Guidelines for Preparing Country Progress Reports on the Implementation of the COMESA Gender Mainstreaming Strategic Action Plan and Council Decisions.367 The Secretariat can build a knowledge base by encouraging the submission of country progress reports, and share good practices and fill in the gaps. COMESA should also work with Member States to consistently gather gender-disaggregated data. Such data will help ensure that goals are met and highlight areas in need of improvement. Notably, the Revised Gender Policy calls on Member States and the Secretariat to ensure the availability of sex-disaggregated data at the national level.368

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4. EAST AFRICAN COMMUNITY

EAC Member States: Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda

4.1. Brief History (Mission, Members etc.) The East African Community (EAC) was first established in 1967 and disestablished in 1977. With the adoption of the Treaty for the Establishment of the East African Community, it was re-established in 1999 by six of the 19 East African nations. Article 5(2) of the Treaty states that the aim of the Community is to gradually establish a Customs Union, a Common Market, a Monetary Union and ultimately a Political Federation of East African States.369 The EAC is currently fast-tracking the process of implementing an East African Federation, showing the strong commitment of the regional Community.370 Under Article 6(d) of the Treaty establishing the EAC, the members commit to adhering to the principles of democracy, rule of law, accountability, transparency, social justice, equal opportunities and gender equality, as well as recognition, promotion and protection of human and peoples’ rights per the provisions of the African Charter on Human and Peoples’ Rights.371 These principles shall guide the EAC in its work to enhance policy harmonisation and integration in the region; promotion of peace, security and stability; and mainstreaming of gender in all the EAC’s endeavours and the enhancement of the role of women in cultural, social, political, economic and technological development.372 The organisational structure of the EAC consists of the Summit, the Council of Ministers, the Coordinating Committee, the Sectoral Committees, the East African Court of Justice, the East African Legislative Assembly (EALA) and the Secretariat. The EAC also has eight subsidiary institutions and organisations, including the East African Health Research Commission and the Inter-University Council for East Africa. The Gender and Community Development Department, located in the EAC Secretariat, leads mainstreaming on gender-related issues in the EAC, as well as overseeing the inclusion of children, youth, persons with disabilities and the elderly, and is further tasked with matters of community development.373 The EAC budget is made up through contributions from the Member States and donors.

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4.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) The Treaty establishing the EAC guides the Community’s work on gender equality and women’s rights. Article 5 (3) (e) obligates the EAC to ensure “the mainstreaming of gender in all its endeavours and the enhancement of the role of women in cultural, social, political, economic, and technological development.”374 Articles 121 (The Role of Women in Socio-economic Development) and 122 (The Role of Women in Business) recognise the contribution of women in socioeconomic development, agriculture, industry and trade. The Articles call on Member States to promote women’s full participation in decision-making; eliminate laws, regulations and practices that are discriminatory to women; and promote effective campaigns aimed at changing negative attitudes towards women. Article 122 notably calls on states to promote special programmes for women in small, medium and large-scale enterprises and to recognise and support national and regional associations of women in business established to promote the effective participation of women in the trade and development activities of the Community.375 The provisions in the Treaty guide the EAC women’s rights and gender equality frameworks. In 2016, the EALA passed the EAC Gender Equality and Development Bill, which focuses on several different areas, such as women’s economic empowerment, political participation, agriculture and food security, land rights, peace and security, and VAW.376 The Bill prohibits discrimination and calls for legislative, programmatic and other measures to be implemented in order to realise gender equality.377 Concerning VAW, the Bill expressly prohibits all forms of SGBV, including harmful traditional practices such as FGM and early and forced marriage.378 As of March 2020, the Bill is still awaiting assent from the Heads of State.379 The provisions of the Bill are in line with the Maputo Protocol. Similarly, the 2018 Gender Policy promotes the development, coordination, harmonisation and reporting of gender equality commitments. The Policy further seeks to strengthen the mainstreaming of gender concerns in the planning and budgetary processes of all sectors in the EAC organs, institutions and Member States.380 It promotes women’s participation in politics and decision-making at all levels; emphasises the need for equal access to and control of productive resources and participation in regional trade; and enhances processes that include women in peace and security at all levels of prevention, protection, participation, relief and recovery.381 The Policy is guided by principles such as gender equality and equity, gender inclusiveness, access to justice and equality before the law and prohibition of discrimination and violence in all forms based on gender or nationality. Notably, the Policy also aims to strengthen measures that prevent and respond to GBV and other harmful cultural practices. In health, the EAC works towards harmonising policies in order to undertake joint action towards the prevention and control of communicable and non-communicable diseases.382 Concerning the regional response to HIV/AIDS, the EAC has adopted the Regional Multisectoral HIV and AIDS Strategic Plan 2008–2013.383 The 2012 HIV and AIDS Prevention and Management Act aims to regulate the response to HIV in the region and recognises women and girls as a vulnerable or most-at-risk population. Additionally, the Act highlights the rights of women and girls to information, equality, nondiscrimination and protection from all forms of violence.384 In 2017, the EAC drafted a Sexual and Reproductive Health Rights Bill. The Bill is facing opposition from groups opposing abortion and the EALA has not yet passed it. Agriculture is an important economic sector in East Africa. The EAC has adopted frameworks on food security and agriculture in line with the AU Comprehensive Africa Agriculture Development Programme principles. The EAC Food and Nutrition Security Action Plan 2019–2023 notes cross-cutting issues affecting production, such as poverty and gender inequality.385 In particular, it recognises the need to enable access to land rights for women; ensure equal earnings, which would lead to improved livelihoods; and mainstream women’s participation in agriculture.386 The EAC also promotes the participation of women in business, trade and investment through various initiatives. It regularly organises meetings focusing on the role of women in business and the socioeconomic development of the region. These meetings bring together the government representatives responsible for EAC affairs, trade, and gender and

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development; women entrepreneurs from the region; CSOs; and observers. As a result of the conferences, a database of women entrepreneurs has been developed and a network of businesswomen in the region, called the East African Women in Business Platform, has been established. The EAC has also drafted a Regional Strategy for Promoting Women in Business for Socio-Economic Development, which aims to “increase the number of women engaging in viable and value-adding economic activities.” The vision is to create a region where women “enjoy economic, social, and political rights and are empowered to secure better lives for themselves, their families, and their communities.” The EAC is also the process of developing a Regional Financial Facility targeting women-owned businesses in collaboration with the East African Development Bank. This will target women-owned businesses and aim at reducing the risk of loans extended to these, limit transaction costs and guarantee payment in case of default.387 Both the Draft Regional Strategy and the proposal for the Facility currently await adoption by the Council.388 The Gender and Community Development Department has implemented initiatives to promote women’s rights and gender equality. In response to the COVID-19 pandemic, the Gender Department has partnered with the East African Civil Society Organizations’ Forum Kenya Chapter, the Forum for African Women Educationalists and the Mentoring and Empowerment Programme for Young Women to establish mechanisms that can mitigate the effects of COVID-19 and address GBV in the region.389 The objectives include strengthening monitoring, reporting and accountability mechanisms of regional and sub-regional bodies on GBV as well as practices that promote the economic empowerment of women and girls.390 Moreover, the EAC has adopted strategies and guidelines to ensure and improve the promotion of gender mainstreaming within its institutions and organs. For example, the EAC adopted the Guidelines and Checklists for Gender Mainstreaming in EAC Organs and Institutions in 2013. This provides three basic tools to guide Secretariat staff and key stakeholders in the effective mainstreaming of gender and gender analysis in programmes and projects in the region.391

4.3. Strengths, Challenges and Gaps Since its establishment, the EAC has adopted a reasonably strong women’s rights and gender equality framework in general and in specific rights areas. The frameworks also align with continental and international gender commitments. Moreover, the binding nature of EAC legislation contributes to the harmonisation and implementation of regional commitments.392 Finally, the East African Court of Justice (EACJ) can hold States accountable for violations of rights. From a rights perspective, a notable strength is the role of CSOs in the development and drafting of legislation, policies and projects. The adoption of the EAC Consultative Dialogue Framework has strengthened the role of CSOs. For example, regional actors have contributed to the drafting of the Gender Equality and Development Bill, Sexual Reproductive Health Rights (SRHR), the HIV and AIDS Prevention and Management Act and the EAC Gender Equality and Development Barometer.393 The latter is a tool that tracks implementation of the EAC’s gender equality and development legislation and allows for the monitoring, measuring and documentation of progress made in achieving gender equality in key result areas. Insufficient institutional capacities and sources can, in part, explain the challenges in implementing the EAC’s gender commitments. The Gender Department is responsible for many issues; however, it has limited human and financial resources, and this negatively impacts the effectiveness of the gender mainstreaming project.394 The EAC budget comprises Member State contributions and financial support from development partners. In practice, however, the contributions of Member States represent an unreliable source of funding. States are often late or non-compliant in disbursing their contributions, and this hinders effective operations and implementation of EAC commitments, in particular those concerning gender.395

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5. ECONOMIC COMMUNITY OF CENTRAL AFRICAN STATES ECCAS Member States: Angola, Burundi, Cameroon, Central African Republic, Chad, Congo Republic, DR Congo, Equatorial Guinea, Gabon, Rwanda and São Tomé and Príncipe

5.1. Brief History (Mission, Members etc.) In 1981, the members of the Customs and Economic Union of Central African States agreed to form a wider economic community of Central African States. Thus, the Economic Community of Central African States (ECCAS)/Communauté Économique des États de l’Afrique Centrale (CEEAC) was established in 1983. ECCAS works to promote and strengthen “harmonious cooperation in order to realise a balanced and self-sustained economic development… with a view to achieving collective self-reliance, raising the standards of living, maintaining economic stability and fostering peaceful relations between the member States and contributing to the development of the African continent.”396 There is a particular focus on cooperation and development in fields such as agriculture, industry, trade, monetary and financial matters, education, culture, science and technology. To achieve these aims, ECCAS has set up objectives that seek to, among others, eliminate customs duties and other charges, abolish barriers, establish common customs tariffs and harmonise national policies to promote Community activities in the identified areas of cooperation. The institutional structure of ECCAS consists of six institutions: the Conference of Heads of State and Government, which is the supreme body of ECCAS; the Council of Ministers; the Court of Justice; the General Secretariat, which is the executive organ of the Community; the Advisory Commission; and the Specialised Technical Committees.397 The Gender Unit is located in the General Secretariat. ECCAS is financed in part through an import tax of 0.4% between the Member States and membership contributions.398 However, financial constraints, social unrest and conflicts in the region rendered ECCAS inactive for several years. In 1998, the decision was taken to revive the Community. In 1999, ECCAS was formally designated into the African Economic Community as one of the eight pillars of the AU.399

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5.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) Since its establishment, ECCAS has adopted a number of commitments addressing women’s rights and gender equality. Article 60 (2) (b) of the Treaty Establishing the Economic Community of Central African States aims to “develop collective research by appropriate policies aimed at improving the economic, social and cultural status of women in urban and rural areas and increasing their integration in development activities.”400 Many ECCAS mechanisms, such as the Programme of Revival and Revitalisation, focus on peace, security, stability and conflict prevention as a consequence of regional conflicts. In 2004, the Conference of the Heads of States of ECCAS adopted a Declaration on Gender Equality. This emphasises the need to ensure that women and men’s particular needs and concerns are taken into account in policy formation and programmes to ensure lasting peace and stability in the region. Together with ECOWAS, in 2006 ECCAS developed a Multilateral Agreement on Regional Cooperation to Combat Trafficking in Persons, Especially Women and Children, in West and Central Africa. This aims “to develop a common front to prevent, suppress and punish trafficking in persons through international cooperation’” (Article 2) and promotes friendly cooperation between the parties to achieve the objectives.401 In 2007, ECCAS adopted its Strategic Plan, called Vision 2025, which looks to “make the region an area of peace, solidarity, balanced development and the free movement of people, goods and services.”402 To achieve these goals, the work of the Community focuses on 1) peace, security and stability, including the functioning of the Peace and Security Council for Central Africa (COPAX); 2) infrastructure, including transport, energy, water and ICTs; and 3) the environment, including management of Congo Basin ecosystems.403 In 2014, Central African parliamentarians adopted the Ndjamena Declaration to reaffirm their regional and international commitments to women, peace and security.404 ECCAS has also adopted a strategic plan that addresses gender and health, and in 2013 it adopted the Strategic Plan on the Fight against HIV/AIDS 2014–2018. This has five main pillars, which include mother-to-child transmission as well as the supply and availability of antiretroviral therapy.405

5.3. Strengths, Challenges and Gaps Since its revival, ECCAS has begun to play a more active role in the region, and it has adopted mechanisms that are relevant to gender equality and women’s rights. While the majority of these frameworks have focused on peace and security, ECCAS has in recent years also adopted strategies for cooperation in other areas, such as HIV/AIDS. The sources consulted did not reveal any policies or strategies focusing exclusively on women, peace and security, or explicitly on specific aspects of gender equality and women’s rights. The revitalised ECCAS and the renewed focus on cooperation among its members offer an opportunity to deepen cooperation in, for example, education, trade, finance, science and technology with a particular focus on women. ECCAS can play a crucial role in harmonising laws and policies on women’s rights and gender equality, and in ensuring that the ECCAS members adhere to regional, continental and international gender commitments. While ECCAS is playing a more active role in the region, and there are signs of cooperation in a broader range of areas, challenges remain. Many of the Member States are also members of other RECs. These overlapping memberships pose a challenge to the effective implementation of the goals and objectives of ECCAS, such as on peace and security. Another challenge concerns funding. ECCAS has a small budget and low financial capacity. Only some countries are regular contributors (such as Gabon and Equatorial Guinea) to the Community, and studies indicate that the import tax of 0.4% between Member States is not consistently collected.406 A related challenge is a weak institutional structure, which has hampered ECCAS’ ability to implement its objectives and goals.

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6. ECONOMIC COMMUNITY OF WEST AFRICAN STATES

ECOWAS Member States: Benin, Burkina Faso, Cabo Verde, Côte d’ Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo

6.1. Brief History (Mission, Members etc.) The Economic Community of West African States (ECOWAS) was established on 28 May 1975, with the adoption of the Treaty of Lagos. ECOWAS initially focused on economic cooperation. Political events and crises led to a revision of the Treaty of Lagos in 1993, and the scope of cooperation expanded to include political and security aspects. According to Article 3 of the Treaty, the aim is to promote cooperation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples and to maintain and enhance economic stability, foster relations among Member States and contribute to the progress and development of the African continent.407 To achieve these goals and provisions, the Community will ensure, for example, the harmonisation and coordination of national policies and the promotion of integration programmes, projects and activities in areas such food, agriculture, industry, trade, education, health, protection of the environment and economic reform. It will also ensure the establishment of a common market and an economic union through the adoption of common policies and the creation of a monetary union.408 The organisational structure of ECOWAS consists of the following institutions: the Authority of Heads of State and Government; the Council of Ministers; the Community Parliament; the Economic and Social Council; the ECOWAS Commission; the Community Court of Justice; the ECOWAS Bank for Investment and Development; the West African Health Organization; and the Inter-Governmental Action Group against Money Laundering and Terrorism Financing in West Africa.409 ECOWAS also has several Specialised Agencies, among which is the ECOWAS Gender Development Centre (EGDC). ECOWAS is funded 90% by the Member States.410

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6.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) Since its establishment, ECOWAS has adopted a robust framework on women’s rights and gender equality. The Revised Treaty of Lagos includes provisions regarding gender. The Member States undertake to promote women’s and youth organisations and professional associations as a means of ensuring mass involvement in the activities of the Community (Article 61.2.c). Notably, the Treaty of Lagos also includes a provision on women and development (Article 63.) It stipulates that the Member States “undertake to formulate, harmonise, coordinate and establish appropriate policies and mechanisms for the enhancement of the economic, social and cultural conditions of women.” Article 63 further urges the Member States to identify and assess all constraints that inhibit women from maximizing their contribution to regional development efforts.411 Additionally, it calls for the Member States to take measures such as policies, laws and programmes to ensure women’s needs are met to facilitate their full participation in the social, political and economic development of the region.412 The ECOWAS Gender Policy, adopted in 2004, aims to promote the principle of gender parity, strengthen institutional frameworks for the promotion and protection of all women and girls’ rights and actively promote the implementation of legislation to guarantee these.413 In 2015, the ECOWAS Heads of State adopted the Supplementary Act on Equality of Rights between Women and Men for Sustainable Development in the ECOWAS Region.414 This is a binding instrument that commits the Member States to promote gender equality and equity. The Act addresses many areas, such as economic, social and cultural rights, access to justice, matrimonial and family rights, child rights and rights for vulnerable populations. Moreover, it commits the Members to address gender equality and equity in areas such as education, women’s access to financial resources and employment, health and HIV/AIDS, conflict prevention and management, peace-building and security, and GBV. The objectives of the Act include harmonising existing legislation and policies in the ECOWAS region into a single regional instrument to provide a basis and a standard reference for all Member States. It strives to strengthen the economic activities of women, eliminate discrimination and achieve gender equality and equity through the development and effective implementation of laws and policies. The Act further aims to increase the rate of women’s participation at all levels of decision-making in the different sectors, particularly in the political sphere, notably the processes of conflict prevention and management and the restoration of peace and security. In addition, it establishes within the framework of the implementation of the commitments made in this Supplementary Act an agenda and a mechanism for periodic evaluation at both national and regional levels. In 2017, ECOWAS adopted the Roadmap for the Implementation of the Supplementary Act 2015. The Roadmap aims “to promote the equality of rights and life-chances between men and women by means of the implementation of priority programmes in ECOWAS Member States.”415 Moreover, it sets up five priorities for the next five years: organisational and institutional strengthening of gender-aware procedures at the national level and in civil society groups; gender and economic empowerment; gender and integrated management of natural resources; good governance, women, peace, security and citizen participation; and gender, population and migration.416 The Roadmap is linked to Agenda 2063 and the SDGs. Another area where ECOWAS has made significant advancement and contributions concerns peace and security. In 2010, ECOWAS adopted the Dakar Declaration on the Implementation of UNSCR 1325 along with its Regional Action Plan. The Declaration calls on all Member States in the West African region to, for example, elaborate a national action plan on UNSCR 1325; guarantee and promote the systematic integration of gender in the processes of judicial and security sector reforms; promote women’s participation in mediation; popularise UNSCR 1325; strengthen measures to combat SGBV and political and security measures to protect women and girls from SGBV during and after conflict.417 Gender and health are also areas where ECOWAS has taken important steps. In 2015, ECOWAS adopted the Regional Action Plan for Fighting Obstetric Fistula, with the aim of decreasing the number of women suffering from obstetric fistulas in West Africa by 2019.418 The Plan set out four strategic priorities for the period 2016–2019: 1) the prevention of

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obstetric fistula; 2) comprehensive care of obstetric fistula victims in all ECOWAS Member States; 3) socioeconomic reinsertion of victims who have been cured of, or have recovered from, obstetric fistula and; 4) coordination, monitoring and evaluation and operational research in the field of obstetric fistula for all ECOWAS Member States.419 The 2020 ECOWAS Regional Strategy for HIV, Tuberculosis, Hepatitis B&C and Sexual and Reproductive Health and Rights among Key Populations aims to address the continued challenges in the region and build on existing international and regional commitments. Its guiding principles include respect of human rights, sustained community participation and empowerment, evidence-based and people-centred interventions, and strong political commitment.420 The goals of the Strategy also include guiding, harmonising and scaling up regional and national efforts towards key populations in West Africa.421 The Strategy also recognises that women and girls belonging to key populations face elevated risks of violence, discrimination and stigma, which compounds the risk of HIV.422 ECOWAS has also put in place an institutional structure to mainstream gender issues. This includes the ECOWAS Gender Development Centre (EGDC), the Commission on Human Development and Gender Commission, which provides technical expertise on policy formulation and implementation within ECOWAS, and the ECOWAS Secretariat Gender Management Team (GMT). The EGDC, established in 2003, is a multi-purpose regional agency charged with the responsibility of contributing to gender equality and women’s empowerment in the ECOWAS region and promoting gender mainstreaming in all regional integration policies, strategies and programmes.423 The EGDC put in place the EGDC Plan of Action for 2005–2007 and the EGDC Strategic Plan for 2009–2013 to address its critical priorities: education and health; economy and trade; governance, representation and decision-making; agriculture and environment; and peace and security.424 Together with COMESA and EAC, ECOWAS set up the 50 Million African Women Speak project to give women technical and financial support to launch and manage their businesses. Finally, EDGC has also facilitated the formation and coordination of different regional advocacy networks, such as the Network on Peace and Security for Women in the ECOWAS Region, the West African Network of Young Women Leaders (Réseau Ouest Africain des Jeunes Femmes Leaders) and the Association of ECOWAS Female Parliamentarians.

6.3. Strengths, Challenges and Gaps ECOWAS has developed a strong normative framework on women’s rights and gender equality, including the Gender Policy, Supplementary Act and accompanying Roadmap. It has also adopted policies addressing specific rights areas, such as the ECOWAS Regional Action Plan of Action for Combatting Obstetric Fistula in West Africa. Regarding peace and security, ECOWAS has not only implemented a Regional Action Plan but also strengthened measures to combat sexual violence in conflict and promoted women in mediation and peace negotiations.425 ECOWAS also facilitated the creation of the Mano River Women’s Peace Network in May 2003, to attempt to bring peace to West Africa, gathering women’s organisations from Guinea, Liberia and Sierra Leone.426 ECOWAS has also built a critical gender infrastructure to promote and secure women and girls’ rights and gender equality, such as through the EGDC and the regional advocacy network. Through its institutions, ECOWAS has promoted and ensured gender mainstreaming. Of particular importance in promoting women and girls’ rights is the ECOWAS Court of Justice. An individual whose human rights have been violated can file a complaint with the Court directly. In other words, if an individual cannot or is not willing to have a complaint processed in their home country, he or she can access justice regionally and is not required to pursue justice nationally.427 In 2018, ECOWAS clarified that there was no time limit related to filing a complaint in relation to human rights violations.428 While ECOWAS has made notable strides, challenges remain. First, there is a lack of political will among some members to implement and domesticate agreed gender frameworks. Second, ECOWAS’ ability to monitor compliance has been constrained. Third, conservative social attitudes and gender norms, customary law and cultural practices complicate matters on SRHR, harmful practices and GBV and challenge the realisation of women and girls’ rights among the ECOWAS members.429

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AWD Report 2020

7. INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT IGAD’s Member States: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan and Uganda (Eritrea is currently not an active member)

7.1. Brief History (Mission, Members etc.) The Intergovernmental Authority on Development (IGAD) was established in 1996 to succeed the Intergovernmental Authority on Drought and Development. The objectives of the Agreement Establishing IGAD include expanding cooperation and assisting and complementing efforts by Member States on food security and environmental protection, peace and security, economic cooperation and integration in the region.430 Article 7 of the Agreement sets up some goals, including to harmonise policies concerning trade, communications, agriculture and natural resources; and promote the free movement of goods, services and people in the region. IGAD also aims to initiate and promote programmes and projects to achieve regional food security and the sustainable development of natural resources and environmental protection. Furthermore, the REC seeks to promote peace and stability in the region and create mechanisms for the prevention, management and resolution of inter- and intra-state conflicts through dialogue.431 Membership contributions fund the operational cost of IGAD. At the same time, funds from development partners allow for the implementation of programmes and projects.432 The institutional structure of IGAD consists of the Assembly of Heads of State and Government, the Council of Ministers, the Committee of Ambassadors and the Secretariat. The Secretariat is responsible for developing IGAD’s programmes and projects. It also includes several specialised institutions and programmes such as the Conflict Early Warning and Response Mechanism, the Office of Special Envoys for South Sudan, the IGAD Centre for Pastoral Area and Livestock Development and IGAD’s Climate Prediction and Applications Centre.433 IGAD also works closely with the AU, other RECs, the UN system and civil society.

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7.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) The Agreement Establishing IGAD does not include specific provisions on women and girls’ rights or gender equality. Since its establishment, however, IGAD has adopted several policies and strategies on gender and implemented institutional reforms. Some of these frameworks address aspects women and girls’ rights and gender equality in broader terms, such as the Gender Strategy 2016–2020. Others focus on specific areas such as women, peace and security (Regional Action Plan for Implementation of UNSCRs 1325 and 1820), employment (IGAD Workplace Gender Policy) and women’s political participation (Strategy for Higher Representation of Women in Decision-Making Positions.) In 2004, IGAD adopted the Gender Policy and Strategy; this was revised in 2012. The revised Gender Policy and Strategy Framework 2012–2020 has eight thematic areas. These include peace and security related to women and girls’ involvement in conflict prevention, management and resolution; and gender and health. Concerning gender and health, the strategic objectives focus on SRHR, HIV/AIDS, maternal mortality, harmful practices and GBV. Moreover, the Framework recognises gender inequality as a cross-cutting development challenge in all IGAD priority areas of intervention.434 Finally, the Framework aims to facilitate “the mainstreaming of gender perspectives into IGAD’s policies, strategies, programmes, projects and activities to make them gender-responsive, and to contribute to achieving sustainable socio-economic development in the region.”435 The gender framework is complemented by the IGAD Regional Strategic Framework and Implementation Plan 2016– 2020. This includes strategic priorities and programmes that are relevant to women’s rights and gender equality. It seeks to establish a mechanism for monitoring the implementation of UNSCRs 1325 and 1820 and related instruments on gender, peace and security and to advocate the adoption of these frameworks at the national level.436 Additionally, it aims to advocate “for a Transformative Women Empowerment through politically led gender policy and implementation mechanism including allocation of percentage in national parliaments, more allocation of the national budget for gender-related work, higher participation women in the political economy, and cultural transformation in education.”437 Among its values and principles, the Regional Strategic Framework includes adherence to the principle of gender sensitivity and equity.438 In 2005, IGAD established the Gender Affairs Programme as part of the Executive Secretary’s Office at the Secretariat. The Gender Affairs Programme ensures gender mainstreaming within IGAD and its policies, projects and programmes. It trains and advocates for other IGAD programmes to incorporate gender issues in their work. It also convenes annual meetings of ministers of women/gender affairs and holds workshops and forums related to gender mainstreaming issues.439 The Gender Affairs Programme has also worked actively on the issues of women, peace and security and women in business. For example, it established the IGAD Women and Peace Forum in 2011.440 It has also held a Women in Business Conference and a follow-up meeting, and conducted research on Gender Dimensions of Risk, Vulnerability of Insecurity in the IGAD Region.441 In 2013, IGAD organised training for women from Somalia, South Sudan and Sudan to contribute to the efforts of Member States in addressing post-conflict issues and strengthening peace-building capacities, with a particular emphasis on countries that are emerging from conflict.442 In 2019, the IGAD Mediation Support Unit in conjunction with the IGAD Gender Programme held a gender-responsive training workshop to sensitise members and experts on gender issues and concerns during mediation and peace-building processes.443 In 2020, the IGAD Mediation Support Unit convened a Strategic Thinking Workshop for women from South Kordofan regions of the Blue Nile and Nuba Mountains in Sudan. The workshop aims to provide a platform for women from various sectors and to come up with a joint action plan on ways to execute conflict prevention, mediation and negotiation skills at grassroots levels and in political parties and CSOs.444

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AWD Report 2020

7.3. Strengths, Challenges and Gaps Over the years, IGAD has implemented several commitments that connect women’s rights and gender equality with its priority areas. For example, on peace and security, under the Regional Action Plan for the Implementation for UNSCR 1325 and 1820, IGAD regularly hosts meetings and training for women on the issue. Moreover, the frameworks on women’s rights and gender equality align with international and regional frameworks.445 Despite these commitments for women’s rights and gender equality, systemic and structural inequalities in, for example, access to employment, credit, land, decision-making and policy input persist in the region. There are high levels of GBV, harmful practices and gender-based discrimination. Women face unequal access to productive inputs, particularly in the agriculture sector, and continue to be victimized by traffickers.446 These challenges can, in part, be explained by deeply patrilineal and patriarchal societies.447 Moreover, conflict and acts of terrorism in the region have negatively impacted the implementation of IGAD’s commitments. While IGAD has implemented many frameworks, these are not binding, and there are no accountability mechanisms to obligate states to incorporate them.448 Additionally, the organisational structure of IGAD, in particular concerning gender, is at present not sufficiently equipped to respond to the challenges the region faces. This weakness may result in the Gender Affairs Programme having a limited impact and in policies not being translated into practice.449 Moreover, IGAD’s initiatives focused specifically on gender equality and women’s rights are also in need of sufficient resources.

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8. SOUTHERN AFRICAN DEVELOPMENT COMMUNITY SADC Member States: Angola, Botswana, Comoros, DR Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe

8.1. Brief History (Mission, Members etc.) The Southern African Development Community (SADC), established in 1992 with the signing of the SADC Treaty, transformed the Southern Africa Coordination Conference into SADC. With the signing of the SADC Treaty, the members agreed to deepen integration and cooperation, and the Heads of State and Government also signed a Declaration “Towards a Southern African Development Community,” which spelt out the SADC Common Agenda.450 The SADC Treaty redefined the basis of cooperation among Member States from a loose association into a legally binding arrangement.451 The objectives of the Community, as stated in the SADC Treaty, include to achieve development and economic growth, alleviate poverty, enhance the standard and quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration; to evolve common political values, systems and institutions; to promote and defend peace and security, and to achieve complementarity between national and regional strategies and programmes.452 Among the principal structures and institutions are the SADC Secretariat, the SADC Tribunal, the Council of Ministers, the Summit of Heads of State and Government and the SADC National Committees.453 The funding comes from SADC Member States (9%) and international cooperating partners (91%).454

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AWD Report 2020

8.2. Women’s Rights Mechanisms (Treaties, Laws, Policies, Strategies, Campaigns) SADC has developed a strong women’s rights framework and mechanisms. The SADC Treaty includes relevant provisions on women and girls’ rights and gender equality. Article 6(2) prohibits discrimination against any person based on, among others, gender. Article 12 of the Treaty states that it is the responsibility of the Sectoral and Cluster Ministerial Committees to oversee the activities of the core areas of integration, which include, health and HIV/AIDS, education and gender.455 In 1997, SADC adopted the Declaration on Gender and Development, which addresses several areas of women’s rights. The Declaration calls on Member States to increase women’s participation in politics and decision-making to at least 30% by 2005, to repeal and reform all discriminatory laws, to amend constitutions and to reform social practices. States should also promote women’s full access to and control over productive resources such as land, livestock and markets; address, prevent and eradicate violence against women and children; promote women and girls’ access to education; and cultivate and promote a culture of gender equality and respect for the human rights of women and girls in the SADC region.456 The Addendum to the SADC Declaration on Gender and Development on the Prevention and Eradication of Violence Against Women, adopted in 1998, amended the Declaration. Additionally, the SADC Gender Policy, adopted in 2003, provides a framework for achieving the goals of the Declaration, and for institutionalising and operationalising gender as a key development strategy for achieving gender equality, equity and women and girls’ empowerment among the members.457 To strengthen SADC’s commitment to women and girls’ rights and gender equality, in 2008 the Member States adopted the SADC Protocol on Gender and Development, a binding legal and policy framework. The Protocol has 11 key thematic areas: constitutional and legal rights; governance (representation and participation); education and training; productive resources and employment; economic empowerment; GBV; health (SRH and reproductive rights); HIV/AIDS; peacebuilding and conflict resolution; media, information and communication; and implementation.458 It sets up 28 targets to achieve women and girls’ rights and gender equality to reach by 2015.459 One of these concerns the elimination of GBV. Article 20 calls on Member States to, among others, enact and enforce legislation prohibiting all forms of GBV; ensure the laws on GBV provide for the comprehensive testing, treatment and care of survivors of sexual assault; review and reform their criminal laws and procedures applicable to cases of sexual offence and GBV; enact and adopt specific legislative provisions to prevent human trafficking and provide a holistic service to the victims, with the aim of reintegrating them into society; enact legislative provisions, and adopt and implement policies, strategies and programmes that define and prohibit sexual harassment in all spheres and provide deterrent sanctions for perpetrators of sexual harassment; and adopt integrated approaches, including institutional cross-sector structures, with the aim of reducing current levels of GBV by half by 2015.460 In 2016, the Protocol was amended to align with Agenda 2063, the SDGs and Beijing+20. The amended Protocol includes a specific provision on health, SRH and reproductive rights and explicitly refers to reducing maternal mortality.461 The region’s gender ministers adopted a Monitoring, Evaluation and Reporting Framework that set out 121 gender indicators at various levels to monitor progress towards achieving gender equality by 2017.462 Concerning women, peace and security, in 2018 SADC adopted the Regional Strategy on Women, Peace and Security 2018–2022. This serves as a guide on mainstreaming gender into regional peace and security systems, programmes and processes and aims to ensure the full participation of women and children. Furthermore, together with the accompanying action plan, the Strategy calls on Member States to develop national action plans on the implementation of UNSCRs and to mobilise resources to implement proposed activities at the national level.463 Additionally, SADC has implemented several frameworks on specific rights areas such as political participation (2009 SADC Framework for Achieving Gender Parity in Political and Decision-Making Positions by 2015), development (Revised Regional

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Indicative Strategic Development Plan 2015–2020), SRHR (Sexual and Reproductive Health Strategy for the SADC Region 2006–2015), employment (SADC Workplace Gender Policy) and trafficking (10-year SADC Strategic Plan of Action on Combating Trafficking in Persons). SADC has also developed a gender infrastructure that promotes gender equality and women and girls’ rights in the region. The Gender Unit, established in 1998, coordinates, facilitates and monitors the implementation of SADC gender commitments at national and regional levels.464 Guided by the Protocol on Gender and Development, its mission is to eliminate all forms of discrimination against women and girls through gender mainstreaming and women’s empowerment in all SADC structures and institutions. The Unit also has the mandate to facilitate the application of gender mainstreaming in planning and budgeting throughout SADC. It has six priority areas: policy development and harmonisation; gender mainstreaming; institutional strengthening and capacity-building; women’s empowerment (including women’s human rights; women and girls’ education; violence against women and children; SRHR and HIV/AIDS; women’s economic empowerment; media and information; and women in politics and decision-making); communication, information-sharing and networking; and research, monitoring and evaluation.465 Other institutional mechanisms include the Committee of SADC Ministers Responsible for Gender/Women’s Affairs, mandated to ensure implementation of the Protocol; and the Committee of Senior Officials Responsible for Gender/Women’s Affairs, which reports to the Committee of SADC Ministers Responsible for Gender/Women’s Affairs on implementation of the Protocol and supervises the work of the SADC Secretariat in this regard.466

8.3. Strengths, Challenges and Gaps With respect to women and girls’ rights and gender equality, SADC has developed a comprehensive binding framework accompanied by an explicit set of targets and indicators and measurable timeframes.467 This covers rights in such areas as HIV/AIDS, SRH, the workplace, peace and security, political participation and GBV. A 30-day campaign for 50/50 representation in SADC Member States strengthened frameworks such as the 2009 Framework for Achieving Gender Parity in Political and Decision-Making Positions and promoted equal representation and participation in decisionmaking at local and national levels throughout Southern Africa by 2015.468 Furthermore, to ensure that Member States adhere to gender commitments, the SADC Secretariat and civil society monitor compliance. The SADC Secretariat publishes the SADC Gender and Development Monitor, which draws on national reports and helps guide national implementation and monitoring of the objectives of the Protocol.469 The Southern Africa Gender Protocol Alliance, a regional advocacy and civil society network, publishes annually the SADC Gender Protocol Barometer, which tracks progress Member States make in terms of meeting the goals of the SADC Gender Protocol. The Barometer is an essential tool for holding Member States accountable and for strengthening the rights of women and girls in the region. While SADC has built a notable framework to implement its objectives concerning women and girls’ rights and gender equality, there are some challenges and gaps. First, not all SADC members have signed and ratified the SADC Gender Protocol. As of 2017, 14 out of the 15 SADC members have signed the Gender Protocol.470 Mauritius has not yet signed. Second, SADC is currently without an operational court. The SADC Tribunal, established in 2005, used to hear cases concerning human rights violations from individuals. In 2010, the work of the Tribunal was suspended after various judgements were made against the government of Zimbabwe. However, at the SADC Summit in 2012, the delegates agreed to negotiate a new Tribunal and to limit its mandate to the interpretation of the SADC Treaty and Protocols relating to disputes between Member States.471 The Tribunal would no longer hear cases brought by individuals or companies. In 2014, nine members signed the revised Treaty on the Tribunal, limiting its jurisdiction; however, the Revised Treaty has not received the ratifications needed to enter into force.472

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AWD Report 2020

A third challenge concerns the participation of civil society. Regional advocacy networks, notably the SADC Gender Protocol Alliance, have been vital partners in the adoption, implementation and review of the SADC Gender Protocol as well as advocating for M&E of the framework. The SADC Treaty recognises that non-state actors are important stakeholders in the implementation of the SADC Agenda (Arts 5(2b), 16A and 23). Fourth, although SADC has achieved progress in mainstreaming gender in several policy areas, its work on peace and security needs additional attention. While SADC has a regional framework in place, not all countries have adopted a national action plan for the implementation of UNSCR 1325. Many women and children continue to be affected by conflict, and the number of high-ranking women in the security sector in the SADC Member States remains low. 473 This may be explained in part by a lack of monitoring. While SADC has a structure in place, Part 8 of the SADC Protocol on Gender and Development, on peace-building and conflict resolution, is not included in the SADC Monitoring Tool for Reporting Progress on Implementation.474 Finally, members did not meet many of the objectives of the Protocol on Gender and Development by 2015. Lack of political will and funding may be part of the explanation for this. An assessment of progress made and remaining challenges could guide SADC in developing future objectives to ensure women and girls’ rights going forward, offering an opportunity to recommit to ensuring gender equality for all women and girls in the region.

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RECS - INSTITUTIONAL INDICATORS ON GENDER

RECs

ECOWAS

COMESA

AMU

EAC

IGAD

SADC

ECCAS

CEN–SAD

Gender department

Yes1

No1

Yes1

No1

Gender policy/ strategy

Yes2

No2

Yes2

No2

Agenda monitoring mechanism

Yes3

Not known3

No3

Yes3

No3

Gender budget allocation

Yes4

No4

Yes4

No4

Accreditation for CSOs to attend meetings

Yes5

No5

Yes5

No5

Court of justice

Yes6

No6

Yes6

No6

Yes6

No6

Does the court take gender cases?

Yes7

No7

Yes7

No7

Yes7

No7

Security/military operation

Yes8

No8

Yes8

No8

Yes8

Standby brigade

Yes9

No9

Yes9

No9

Yes9

No9

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AWD Report 2020

Notes: ECOWAS: 1. In January 2003, the EGDC was created through Decision A/DEC.16/01.03 during the 26th Session of the ECOWAS Authority and Head of States and Government (EGDC, “Mission and mandate”, http://www.ccdg.ecowas.int/ about-egdc/mission-and-mandate-2/?lang=en). Other instruments include the Gender Commission, the ECOWAS Secretariat Gender Management Team, the Gender Division and gender focal points in different departments. 2. After the creation of the EGDC, ECOWAS implemented a Gender Policy in 2004, to promote legislation on gender equality and ensure women’s rights in the region. The EGDC continued its efforts in promoting women’s rights, with the plan of Action 2005–2007, a Strategic Plan for 2009–2013 and a Supplementary Act in 2015 (Gender Strategy 2010–2020, p. 16, http://womencount4peace.org/fr/bibliographies/publications/gender_strategy_-_ ecowas_parliament_2010_-_2020). 3. ECOWAS Plans of Action always include an M&E section. For instance, the Gender and Migration Plan 2015–2020 stipulates that the overall goal of M&E is to facilitate the tracking of progress and effectiveness of the plan, as well as to identify implementation challenges associated with it. The main organisations involved in M&E are the ECOWAS Commission, Member States, development partners, CSOs and NGOs. Responsibility for coordinating this lies with the ECOWAS Commission and Member States. Implementation will take due cognisance of the existing M&E system of the ECOWAS Commission (ECOWAS, “Gender and migration”, https://www.ccdg.ecowas. int/wp-content/uploads/Plan-of-Action_Gender-and-Migration.pdf). The Gender and Trade Plan of Action 2015–2020 dictates that M&E of the performance of public sector programmes and institutions helps increase their effectiveness and provides increased accountability and transparency during programme implementation. The ECOWAS Plan of Action on Gender and Trade will provide adequate, accurate and timely information on activities by all the different stakeholders to ensure that Plan implementation achieves the desired objectives and/or that changes are made on time to ensure that the desired objectives are pursued and achieved (ECOWAS, “Gender and trade”, https://www.ccdg.ecowas.int/wp-content/uploads/Plan-of-Action_Gender-and-Trade. pdf?aaimohdbimohdbim). 4. The Gender Strategy 2010–2020 includes gender-responsive budgeting (GRB), whose goal is “to promote equality between women and men by influencing the budgeting process. Collectively, GRB initiatives seek to raise awareness of the effects that budgets have on women and men, hold governments accountable for their commitments to gender equality, and achieve gender-responsive budgeting. ECOWAS must assess budgets to see what proportion of financial resources are allocated to activities to promote gender equality and women’s rights especially with regard to its programmes, but also in terms of communications and staff human resource development” (Gender Strategy 2010–2020). 5. CSOs may be accredited to the Council of Ministers at ECOWAS (Reinold, T., 2019, “Civil society participation in regional integration in Africa: a comparative analysis of ECOWAS, SADC, and the EAC”, https://www.tandfonline. com/doi/citedby/10.1080/10220461.2019.1595127?scroll=top&needAccess=true). 6. The ECOWAS Court of Justice ‘was created pursuant to the provisions of Articles 6 and 15 of the Revised Treaty of the Economic Community of West African States (ECOWAS).’ https://www.ecowas.int/institutions/communitycourt-of-justice/). 7. The ECOWAS Court of Justice contributes to the promotion of gender rights, since an individual has the right to bring a claim directly to the court, meaning that, if they cannot or are not willing to have it processed in their home country, they can access justice regionally (ECOWAS, “Community Court of Justice”, examples of gender cases at ECOWAS Court of Justice: Synopsis of the case of Dorothy Njemanze & 3 Others V. The Federal Republic of Nigeria” https://www.ihrda.org/2017/10/synopsis-of-the-case-of-dorothy-njemanze-3-others-v-the-federalrepublic-of-nigeria/; Case of gender-based violence, before ECOWAS Court against Mali https://www.ihrda. org/2017/09/communique-ihrda-apdf-sue-mali-before-ecowas-court-in-gender-based-violence-case/; Victory at ECOWAS Court for girls in Sierra Leone https://www.equalitynow.org/victory_for_girls_in_sierra_leone

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8. UNECA, “ECOWAS – peace, security, stability and governance”, https://archive.uneca.org/oria/pages/ecowaspeace-security-stability-and-governance). ECOWAS adopted the Dakar Declaration on the Implementation of UN Security Council 1325 in September 2010. It implemented the Network on Peace and Security for Women in the ECOWAS Region in 2009, with the purpose of coordinating and optimising the role and initiatives of women in conflict prevention, peacekeeping, security and the promotion of human rights, particularly for women and other vulnerable groups for a sustainable peace in the ECOWAS region (EGDC, 2011, “Gender training manual, module 5: Gender Peace, Democracy and Security – Creating an Equitable, Safe and Secure Society”. 9. The ECOWAS Standby Force is a standby arrangement made up of military, police and civilian components and that is consistent with Chapter VIII of the UN, which provides for regional peace and security arrangements. A partial legal basis is given by Article 21 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security of December 1999.

COMESA: 1. COMESA has a Gender and Social Affairs Division, mainstreaming gender in all COMESA programmes and projects to ensure equitable access to resources, opportunities, services and benefits for women, men and youth (https://www.comesa.int/gender-social-affairs-division/#:~:text=The%20Gender%20Policy%20is%20also,%2C%20 credit%2C%20technology%20and%20information). 2. In 2002, COMESA implemented the Gender Policy with the objective of having Member States facilitate the sensitisation of customs officials on women and girls’ rights. The current guiding document for women and girls’ rights and gender equality is the revised COMESA Gender Policy of 2016. The policy has the goal of creating “an enabling policy environment for mainstreaming gender perspectives in all policies, structures, systems, programs and activities of COMESA Member States and the Secretariat towards gender equality, women and youth empowerment and social development.” 3. It is hard to say if the gender policy has an M&E component because it is currently offline. 4. COMESA struggles with funding for its gender-related programmes, and a low prioritisation of gender in its national budgeting frameworks. In 2017, in the 37th meeting of the Committee on Administration and Budgetary, the Secretariat noted that the proposed the decline in the 2018 annual budget for the COMESA Secretariat and its agencies by US$10 million dollars as several cooperating partners grants concluded (COMESA, 2018, “Proposed annual budget drops”, Press Release). 5. COMESA has no framework of engagement with CSOs and participation of CSOs has been almost non-existent. Emphasis is placed on private sector participation (CUTS International, 2015, “From COMESA-EAC-SADC to TFTA”, https://cuts-accra.org/pdf/From_COMESA-EAC-SADC_to_TFTA_Integrating_the_Voice_of_the_Civil_Society_in_ Eastern_and_Southern_Africa.pdf). 6. COMESA’s court does not have the competency to hear individuals on human rights violations but serves to settle disputes arising from the COMESA Treaty (https://ijrcenter.org/regional-communities/common-market-foreastern-and-southern-africa-court-of-justice/). 7. COMESA’s court works on women’s role with regard to trade but it does not hear human rights violations. 8. “To strengthen peace and ensure stability, COMESA set up the structures for the engagement of both State and non-State actors, and also strategic stakeholders across borders. Its conflict prevention programme is one of the established mechanisms to avert conflicts from breaking out by dealing with structural and economic instigating factors. In this context, the three primary programmes are: COMESA Conflict Early Warning System that is a part of the African Union Continental Early Warning system; WAR Economy Component of the Conflict Prevention, Management and Resolution Strategy for the Eastern and Southern Africa Region; and the Regional Political Integration and Human Security Support Programmes that aims to tackle post-conflict management issues for countries emerging from conflict not to relapse. An example is the current six Trade Information Desks that successfully serve the purpose of trading for peace and stability in conflicted border posts” (UNECA, “COMESA – peace, security, stability and governance”, https://archive.uneca.org/oria/pages/comesa-peace-security-stability-and-governance). 9. COMESA does not have a standby brigade.

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AWD Report 2020

AMU: 1. AMU does not have a gender department. 2. AMU does not have gender policies or strategies. 3. AMU has no gender policies hence there are no monitoring mechanisms in place. 4. AMU does not have gender programmes and hence there is no gender budget either. 5. AMU does not accredit CSOs. 6. AMU does not have a court of justice. 7. AMU has no court of justice. 8. AMU does not focus on security or military operations. 9. AMU does not have a standby force brigade. However, AMU is an AU-recognised RECs, and thus part of APSA. But AMU has never formalised its relationship with the AU by signing the Protocol on Relations between the RECs and the AU (Lins de Albuquerque, A., “Challenges to peace and security in North Africa”, https://www.foi.se/ download/18.7fd35d7f166c56ebe0bb38c/1542369060229/Challenges-to-Peace-and-Security-in-North-Africa_ FOI-Memo-5421.pdf).

EAC: 1. The EAC has a Gender Department. Although this shows a commitment to the implementation of women’s rights policies, the department has difficulties in following through on its commitment. For instance, the Department has a huge spread of themes, such as the inclusion of children, youth, persons with disabilities and the elderly, and is further tasked with matters of community development. Furthermore, it has limited financial and personal resources, making it hard to sustain its goals. 2. In 2011, the EAC implemented the Framework for Gender and Social Development Outcome Indicators for EAC Development Strategy 2011–2016. In 2013, it implemented the Gender Mainstreaming Strategy for EAC Organs and Institutions. Finally, in 2018, the Gender Policy was implemented. 3. The EAC has a Monitoring and Evaluation Tool for Gender and Social Development. 4. The 2018 Gender Policy included a strategy on gender mainstreaming the budget. 5. “Efforts, although with challenges, have been, underway to involve NSAs [non-state actors], both CSOs and the private sector, in the EAC integration process facilitated by a dialogue framework. The Consultative Dialogue Framework (CDF) for private sector and CSOs participation was adopted by the Council of Ministers in November 2012” (CUTS International, 2015, “From COMESA-EAC-SADC to TFTA”, https://cuts-accra.org/pdf/From_COMESAEAC-SADC_to_TFTA_Integrating_the_Voice_of_the_Civil_Society_in_Eastern_and_Southern_Africa.pdf). 6. The EACJ hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the East African Community Treaty. Currently, it has no jurisdiction regarding human rights (https://www. justiceinitiative.org/publications/east-african-court-justice). 7. The EACJ has not yet been given a human rights jurisdiction. However, the fundamental and operational principles of the EAC, set out in Articles 6 to 8 of the Treaty, include “good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights” (emphasis added) 8. The EAC Conflict Prevention, Management and Resolution Mechanism includes initiatives for the prevention of conflicts where early warning systems are an integral part of the peace and security workings of the EAC (UNECA, “EAC – peace, security, stability and governance”, https://archieve.uneca.org/oria/pages/eac-peace-securitystability-and-governance). 9. The EAC Standby Force was established in 2002 (https://www.easfcom.org/index.php/en/about-easf).

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IGAD: 1. IGAD has a Gender Affairs Programme, established within the Office of the Executive Secretary, with a main mandate to mainstream gender within IGAD. 2. IGAD has a Gender Policy Framework 2012–2020 and a Gender Strategy 2016–2020. 3. In M&E of this strategy, projects and programmes designed and implemented under it will be undertaken in accordance with the overall IGAD Monitoring and Evaluation Systems and the summary results monitoring framework developed at the end of Chapter 2. This will be complemented by a mid-term review after the first half of the implementation period, which will be followed by an end-term review in late 2020 as the strategy term comes to a close. This information will also help inform the development of the successor strategy (IGAD Gender Strategy and Implementation Plan 2016–2020, https://resilience.igad.int/wp-content/uploads/2020/06/GenderIGAD-Gender-Strategy-Vol-1-Framework-2016.pdf). 4. IGAD has stipulated that 10% of all budgets will be devoted to gender mainstreaming (Declaration of the Sixth Meeting of Ministers in Charge of Women/Gender Affairs of IGAD Member States, https://igad.int/divisions/ economic-cooperation-and-social-development/266-together-we-rise-to-attain-gender-equality-and-womensempowerment). 5. IGAD has a good relationship with CSOs implementing the IGAD–NGO/CSO Forum. 6. IGAD has no court of justice. 7. IGAD has not court of justice. 8. IGAD has no security or military force. 9. IGAD has no security brigade.

SADC: 1. SADC’s Gender Union was established in June 1998, in the SADC Secretariat, placed under the office of the Executive Secretary; it aims to facilitate, coordinate and monitor implementation of SADC gender commitments. 2. The SADC Protocol on Gender and Development was signed in 2008 and implemented in 2013. It has the objective of eliminating discrimination and achieving gender equality by encouraging and harmonising the development and implementation of gender-responsive legislation, policies and programmes and projects. The Protocol was revised in 2016 aligning with the SDGs, the Beijing+20 Review and the AU Agenda 2063. Currently, only Mauritius has not signed the Protocol. In 2018, SADC implemented the Regional Strategy and Framework of Action for Addressing GBV 2018–2030 and the Regional Strategy on Women, Peace and Security 2018–2022. 3. SADC’s Gender Policy states that SADC Member States shall institutionalise tools for effective M&E of all programmes and initiatives resulting from this policy in order to facilitate timely reporting, decisions and direction on progress of implementation (https://www.sadc.int/files/8414/0558/5105/SADC_GENDER_POLICY_-_ ENGLISH.pdf). 4. In 2014, SADC implemented the Guidelines on Gender Responsive Budgeting (https://www.sadc.int/ files/8914/4681/2781/SADC_GUIDELINES_ON_GENDER_RESPONSIVE_BUDGETING.pdf). 5. “The SADC Secretariat has signed a MoU [memorandum of understanding] with the SADC Council for NGOs (SADC CNGOs), formed in 1998, with the intention of promoting constructive dialogue and engagement with civil society in regional integration processes. This made it easier for CSOs to address issues of poverty alleviation, democracy, good governance and ending internal political conflicts” (CUTS International, 2015, “From COMESAEAC-SADC to TFTA”, https://cuts-accra.org/pdf/From_COMESA-EAC-SADC_to_TFTA_Integrating_the_Voice_of_ the_Civil_Society_in_Eastern_and_Southern_Africa.pdf). 6. SADC’s court has been suspended as of 2010 (https://ijrcenter.org/regional-communities/southern-africandevelopment-community-tribunal/). 7. The Court of Justice for SADC does provide the opportunity for gender cases and has in the past, but SADC’s Court has been suspended since 2010.

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8. The SADC Brigade was established in 2008 under the African Standby Force Policy Framework as the regional component of the AU Standby Force. It is made up of resources pledged by SADC Member States on a standby arrangement and comprising the military, the police and civilian components. Training is a key priority for SADC and prompted the establishment of the Regional Peace Keeping Training Centre – one of the main implementing entities of the SADC Strategic Indicative Plan for the Organ in areas of peacekeeping training. The Centre is a leader in the theory and practice of Peace Support Operations, and coordinates peace support training in the SADC region. 9. SADC established the Force Brigade in 2008.

ECCAS: 1. ECCAS has no gender department. 2. ECCAS has no gender policies or strategies. 3. ECCAS has no gender policies hence no M&E. 4. ECCAS has a gender line included in its annual budgets (ADF, 2004, “Institutional support to the ECCAS General Secretariat”, https://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Multinational_-_ Institutional_Support_to_the_ECCAS_Generalsecretariat_-_Appraisal_Report.pdf). 5. In developing this report, no information was found on CSO and NGO involvement with ECCAS. 6. ECCAS does not have a court of justice. 7. ECCAS has no court of justice. 8. ECCAS adopted the Protocol of Peace and Security in February 1999, to deal with the conflicts and political instability in the region. The Protocol gave way to the establishment of COPAX with three key instruments: the Commission for Defence and Security, the Central African Early Warning System and the Central African Multinational Force (UNECA, “ECCAS – peace, security, stability and governance”, https://archive.uneca.org/oria/ pages/eccas-peace-security-stability-and-governance). 9. ECCAS has a Standby Force Brigade established in 2006 under the framework of COPAX.

CEN–SAD: 1. CEN–SAD has no gender department. 2. CEN–SAD has no gender policies or strategies. 3. CEN–SAD has no gender policies hence no M&E. 4. CEN–SAD has no gender budget, since it has no gender programmes. 5. In developing this report, no information was found about CSO and NGO involvement with CEN–SAD. 6. CEN–SAD has no court of justice. 7. CEN–SAD has no court of justice. 8. CEN–SAD is committed to strengthening economic development and cooperation between Member States. CEN– SAD, because of the instability of the region, has been focusing specifically in working on security and stability, implementing strong mechanisms to facilitate peace. The organisational structure under the revised treaty consists of the Permanent Peace and Security Council (UNECA, CEN–SAD, https://archive.uneca.org/oria/pages/ cen-sad-community-sahel-saharan-states). 9. CEN–SAD has no standby force; however, it is an AU-recognised REC and thus part of APSA (Lins de Albuquerque, A., “Challenges to peace and security in North Africa”, https://www.foi.se/ download/18.7fd35d7f166c56ebe0bb38c/1542369060229/Challenges-to-Peace-and-Security-in-North-Africa_ FOI-Memo-5421.pdf).

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PART V: ANALYSIS AND REGIONAL REVIEW OF THE AFRICAN WOMEN’S DECADE THEMES

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1. FIGHTING POVERTY AND PROMOTING ECONOMIC EMPOWERMENT OF WOMEN AND ENTREPRENEURSHIP, FINANCE AND GENDER BUDGETING More African women than men live in poverty, are unemployed or work in the informal sector.

1.1. Issue Analysis In Africa, female labour participation is high in the majority of countries. Most women work in the informal sector as owners and employees. During the AWD, African countries made much progress in empowering women economically and promoting female entrepreneurship. However, gender pay gaps persist. The World Bank estimates that more than 70% of African women are unable to set up a savings or current account, loans or credit to meet their needs.475 More African women than men live in poverty, are unemployed or work in the informal sector. The incidence of poverty is higher in female-headed households, particularly among severely impoverished families, compared with households headed by men. Women also assume the responsibilities of the household and care work. In Africa, women spend 3.4 more time on unpaid care work than men and, consequently, spend less time on paid work.476 Although all countries, except for Sahrawi Republic (no data found) provide for maternity leave, 31 countries meet or exceed the International Labour Organization (ILO) standard of 14 weeks paid maternity leave. The number of countries that provide for paternity leave is also 31. Most commonly, paternity leave is three days or less. Five countries (Gambia, Kenya, Seychelles, South Sudan and South Africa) provide 14 days of paternity leave.477 Laws related to employment frequently exist in conflicting legal systems, which hinders the effective implementation of laws and ultimately the removal of discriminatory practices that preclude women from attaining economic empowerment, and thus weakens the fight against poverty.

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The AU declared 2015 Year of Women’s Economic Empowerment.

Under the Maputo Protocol, Article 13 requires that States Parties shall adopt and enforce “legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic opportunities.”478 The Article calls on States Parties to promote equal access to employment and the right to equal pay for work of equal value. States shall also ensure transparency in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace. Article 13 is notable in its scope. It declares the role of the State in creating opportunities and providing protection and social insurance for women working in the informal sector. The State shall also recognise the value of the work women perform in the home and guarantee adequate and paid pre-and post-natal maternity leave in both the private and the public sectors. To reduce poverty among women and provide women with a higher quality of life, States Parties shall promote women’s access to credit, training, skills development and extension services at the rural and urban levels (Article 19.d.) To promote economic empowerment of women and entrepreneurship, fight poverty and increase access for women to financial resources, the AU Member States set up the following goals during the AWD 2010–2020: to attain decent work for women and equal opportunity in employment, promotion and movement towards parity at the workplace; and to create employment and services by supporting women entrepreneurs particularly in the informal sector, including small, medium enterprises (SMEs), and growing them to big businesses. During the Decade, African countries made progress in fighting poverty, advancing women’s economic empowerment and promoting gender equality.479 States have adopted laws that mandate equal pay, provide paid maternity leave and prohibit discrimination based on gender. To further the AWD goals, African States, through the AU, have adopted strategies and plans. The AU declared 2015 Year of Women’s Economic Empowerment. The AU Agenda 2063: The Africa We Want aims to achieve full gender parity, with women holding half of managerial positions in the private sector,480 and to economically empower women by enhancing access to financial resources for investment.481 It also calls for the allocation of at least 25% of public procurement to be for women-owned businesses.482 However, these businesses have received less than 1% of procurement to date.483 The AU Strategy for Gender Equality and Women’s Empowerment 2018–2028 promotes economic empowerment and financial inclusion, income autonomy and social protection for more women and girls.484 Meanwhile, in February 2020, the AU declared that the AWD 2020–2030 would focus on Women’s Financial and Economic Inclusion. The goals of the AWD 2020–2030 include making financial services available, accessible and affordable, especially for women in rural areas; developing market access by enhancing credit solutions for women; and improving and increasing access to infrastructure, technology and capacity-building.485

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1.2. Laws, Policies, Strategies/National Action Plans Most countries adopted constitutional provisions during the AWD that are considered important in promoting women’s economic empowerment and fighting poverty. These include the right to work and the right to equal remuneration for equal work, and proscribe prohibition to eliminate discrimination in employment based on gender. The 2016 Constitution of the Central African Republic guarantees every citizen the right to work. It also states that all citizens are equal concerning employment and that no one can be discriminated against in their work or employment (Article 11).486 Similarly, the 2010 Constitution of Madagascar and the 2014 Constitution of Egypt also guarantee the right to work and protection against discrimination. The 2011 Constitution of South Sudan gives women the right to equal pay for equal work and other related benefits with men (Article 16).487 Similarly, the 2018 Constitution of Comoros and the 2019 Constitution of Sudan guarantee the right to equal remuneration for equal work. In the West African region, the 2016 Constitution of Côte d’Ivoire guarantees the right to property, and protection against discrimination in employment based on gender.488 The Constitution of 2013 (rev. 2017) of Zimbabwe stands out. It articulates that all women have the right to equal remuneration for similar work and to fully paid maternity leave for a period of at least three months.489 In terms of fighting poverty, the 2010 Constitution of Angola articulates that among the fundamental tasks of the state is to promote the eradication of poverty, create conditions for the effectively implementation of the economic rights of every citizen and promote equal opportunities irrespective of gender.490 Throughout the AWD, African countries adopted legislation that in at least one way or another sought to improve women’s economic empowerment. In Gambia, the Women’s Act of 2010 prohibits gender discrimination in employment. Guinea adopted Law 2016/59 in 2016 prohibiting discrimination in access to credit based on gender. Several countries adopted legislation specifically providing paid maternity leave and protecting expectant mothers in the workplace. The 2012 Niger Labour Code also provides women with 14 weeks of maternity leave and protects them from being fired as a result of pregnancy.491 In Egypt, the 2016 Civil Service Act grants benefits to working mothers and extends maternity leave from three to four months.492 In Rwanda, Law No. 003 of 2016 establishes the right to 12 weeks of maternity leave with full pay “during which a monthly compensation equivalent to the worker’s last salary shall be given.”493 The 2019 Employment Code Act of Zambia guarantees women 14 weeks of paid maternity leave and protects against dismissal in connection with maternity leave. Some countries also provide for paid paternity leave. Rwanda establishes four days of paid paternity leave under Article 2 of Ministerial Order No. 3 of 13/7/2010.494 Many countries have also adopted legislation concerning sexual harassment in employment. In Algeria, Law No. 15–19 of 2015 prohibits sexual harassment in employment and provides criminal penalties in Article 6.495 The Anti-Sexual Harassment and Anti-Gender Discrimination Regulation of Tanzania of 2013 aims to prevent sexual harassment in the workplace. It requires employers to establish, publicise and enforce anti-sexual harassment policy that explains the procedure to be followed by employees who are victims of sexual harassment.496 The Sexual Harassment Regulations 2012 of Uganda require that each workplace put in place a sexual harassment policy and a committee to review cases reported.497 Other countries sought to remove barriers to women starting businesses and discriminatory practices in inheritance. In DR Congo, Law No. 16/008 of 2016 removes the marital authorisation for a married woman to undertake business and the obligation imposed on the spouses to agree on any legal deeds containing mutual obligations to them, whether individually or collectively.498 In 2017, the Egyptian government amended the Inheritance Law (Law No. 219), which imposes stricter sanctions on persons who withhold a legacy from those who have the right to inherit. It is believed that the law will have a positive impact on women’s rights to inheritance.499 Some countries have taken important steps to institutionalise gender-responsive budgeting. Ethiopia has adopted Finance Proclamation No. 970/2016, requiring sectors to integrate gender perspectives into the preparation of budget programmes.500 Uganda passed the Public Finance Management Act in 2015; this mandates all sectors, ministries and local governments to plan and budget in a gender- and equity-responsive manner to be issued a certificate of compliance.501

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Rwanda has adopted Organic Law No. 12/2013/OL of 2013 on State Finances and Property. This states that a mandatory annexe must accompany the budget framework paper, one of which is the gender budget statement.502 The majority of States reviewed adopted policy measures that address the goals of the AWD in terms of economic empowerment and poverty for women and girls both broadly and specifically. Several countries have implemented strategies to promote women and entrepreneurship. The 2016–2021 National Policy on Micro, Small and Medium Enterprises of Namibia promotes women’s entrepreneurship, especially in sectors with high levels of female participation, and seeks to maximise their economic contribution. 503 The 2016 Policy on Employment of Mozambique promotes training opportunities for women to take on more traditionally male jobs.504 Lesotho also adopted a Micro, Small and Medium Enterprises Policy in 2016.505 In 2010, Gabon adopted the National Gender Equality and Equity Strategy. This emphasised providing women with equal opportunities, including in receiving employment and employment training.506 The National Strategy on Developing the Private Sector 2015–2019 of Mauritania included aspects on reducing disparities between women and men in the private sector.507 The Industrial Strategic Plan 2013–2025 of Ethiopia seeks to increase employment opportunities for women, prioritising labour-intensive, women-dominated sectors such as textile and garment industries.508 In 2016, the Strategy of Institutionalising Gender Equality of Morocco established that women and men had equal rights to any position and opportunities in public service.509 Countries such as Botswana (Poverty Eradication Programme 2011),510 Mozambique (Poverty Reduction Action Plan 2011–2014) and Mauritania (Accelerated Growth and Shared Prosperity Strategy 2016–2030)511 have all adopted strategies aimed at reducing poverty and increasing opportunities for women. Gambia’s Gender and Women’s Empowerment Policy 2010–2020 identified priority areas such as poverty reduction and economic empowerment and aimed to ensure equal employment opportunities and benefits for women, men and youth and the elimination of gender disparities, including in access to credit512. During the Decade, important judicial rulings in Ghana and Eswatini improved women’s economic empowerment, in particular concerning the right to property and protection against discrimination. In 2010, the High Court of Eswatini ruled that the government must amend the 1968 Deeds Registry Act by making it possible for a Swazi woman to register immovable property, like a home or business, in her name.513 In 2011, the Supreme Court in Ghana ruled, in Mensah v Mensah, that property acquired during a marriage was joint property. Ownership should no longer be dependent on the principle of substantial contribution, and a spouse may be entitled to an equal share in the said property, where it is equitable and just.514 In 2014, the Labour Court of Lesotho, in Makafane v Zhongxian Investment Pty Ltd., ruled that dismissal on the grounds of pregnancy constituted unconstitutional discrimination.515 Countries such as Benin, Kenya, Morocco and Sierra Leone have created opportunities to increase financial resources and promote entrepreneurship. In 2014, the Government of Kenya established the Uwezo (Ability) Fund to empower youth, women and persons with disabilities by providing interest-free loans (up to US$5,682) to help with start-up capital to establish small and micro businesses.516 In 2019, the Government of Benin created a fund to support the financing of micro, small and medium-sized enterprises and the promotion of female entrepreneurship.517 In Morocco, Your Guarantee Fund, MAD 81.5 million (USD 9,130,355.35) in loans was made available to finance 236 new enterprises run by one or more women.518 In Sierra Leone, the Ministry of Finance approved Le 2 billion for the Women’s Empowerment Fund in the 2019 budget. .519 The Equal Opportunity Commission (EOC) in Mauritius, established in 2013, aims to eliminate discrimination and promote equality of opportunity. Its mandate includes investigating complaints of discriminatory practices, sexual harassment and denial of human rights from any person. It also seeks reconciliation with parties and, if needed, refers cases to the Equal Opportunity Tribunal.520 Meanwhile, the Egyptian Financial Regulatory Authority has issued Decrees 123 and 124, which state that at least one woman should be represented on the boards of financial companies.521 The Government of Burkina Faso established a Special Job Creation Programme for Youth and Women, implemented for the period 2012–2014, to promote youth and women’s employment in rural and urban areas. The programme targets areas for the economic empowerment of women and incentives for job creation by SMEs.522

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FIGURE 3.

EQUAL EMPLOYMENT LAW MAP

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone Liberia

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

The legal framework does not guarantee equality between women and men in the workplace.

Comoros Angola

Malawi Zambia

The legal framework guarantees equality between women and men in the workplace. However, parental leave is not available to mothers and fathers and/or the law does not protect women’s rights during pregnancy and maternity/parental leave.

Mozambique

Madagascar

Zimbabwe The legal framework guarantees equality between women and men in the workplace. Parental leave is available to mothers and fathers and the law protects women’s rights during pregnancy and maternity/parental leave. However, there is evidence of customary, religious or traditional practices or laws that discriminate against women’s legal right to enter certain professions, choose a profession or register a business. The legal framework guarantees equality between women and men in the workplace. Parental leave is available to mothers and fathers and the law protects women’s rights during pregnancy and maternity/parental leave. Customary, religious and traditional laws or practices do not discriminate against women’s legal right to enter certain professions, choose a profession and register a business.

Mauritius Namibia

Botswana

Eswatini

Lesotho South Africa

No data.

Source: OECD, Gender, Institutions and Development Database 2019, “Workplace Rights”

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A. REGIONAL ANALYSIS

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1. CENTRAL AFRICA All countries enshrine the principle of equality, the right to own property and the right to work, and most countries outline their duty to provide these rights.

1.1. Constitutional Provisions All countries have implemented constitutional provisions that are relevant to women’s economic empowerment and entrepreneurship. Such provisions predate the AWD but have been preserved in subsequent revisions. At a minimum, all countries enshrine the principle of equality, the right to own property and the right to work, and most countries outline their duty to provide these rights. However, some countries stand out. Four countries (Central African Republic, Chad, DR Congo, Gabon) specifically enshrine the principle of non-discrimination in employment based on sex. Article 11 of the 2016 Central African Republic Constitution articulates that all citizens are equal concerning employment and that no one may be discriminated against in their work or employment because of their sex.523 Four countries (Burundi, Chad, DR Congo and São Tomé and Príncipe) enshrine the principle of fair, just or equitable pay. The 2018 Constitution of Burundi (Article 57) guarantees that, “with equal competence, every person has the right, without discrimination, to an equal salary for equal work.”524

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1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms All Central African countries undertook various legal reforms relevant to women’s economic empowerment and entrepreneurship throughout the AWD. Some countries (e.g. Burundi, Cameroon, Chad) have legislation in place, usually labour codes incorporating equal pay for equal work, with three countries (Equatorial Guinea, DR Congo, Gabon) implementing reforms during the Decade. In 2012, Equatorial Guinea adopted the Ordenamiento General del Trabajo (General Labour Regulations), which guarantees equal remuneration for work of equal value (Article 63(1)).525 In 2016, DR Congo made reforms to both the Labour Code and the Family Code, introducing new provisions favourable to women. The 2016 Family Code removed the requirement for marital authorisation for married women. It also affirmed the notion of joint participation between spouses regarding the obligations and management of the household and property.526 The revised Labour Code allows for the possibility of women working at night. It also gives a pregnant woman the right to suspend her employment contract without it being considered terminated.527 In terms of protection in the workplace, Burundi’s 2016 Violence Against Women Law prohibits sexual harassment and provides victims of GBV with the right to reduce or change their working hours temporarily.528 São Tomé and Príncipe has made various reforms to its labour and family codes. Reforms to the Labour Code in 2019 (No. 6/2019) included prohibiting the dismissal of pregnant workers.529 All countries in the Central African region offer paid maternity leave. Seven countries (Cameroon, Chad, Central African Republic, Congo Republic, DR Congo, Gabon, São Tomé and Príncipe) offer a minimum of 14 weeks. Except for Congo Republic and São Tomé and Príncipe, all countries also provide paid leave for fathers. During the Decade, three countries (Cameroon, Equatorial Guinea, São Tomé and Príncipe) adopted legislation addressing leave for mothers and fathers. Equatorial Guinea’s Ordenamiento General del Trabajo (General Labour Regulations) 2012 provides for 84 days of maternity leave and three days of paternity leave.530 In 2019, São Tomé and Príncipe passed Law No. 6/2019, which provides for 98 days of maternity leave,531 meeting the ILO standard on maternity benefits.532 In 2017, Cameroon adopted the National Collective Agreement of Trade, which provides for three days of paid leave for fathers.533 During the AWD, several Central African countries strengthened legislation prohibiting sexual harassment, which could be applied in the workplace. Six countries (Burundi, Cameroon, Central African Republic, Chad, DR Congo, Gabon) have implemented legislation prohibiting sexual harassment in employment with criminal penalties. Burundi adopted Law No. 1/27 of 2017, revising the Penal Code. Article 586 defines sexual harassment as acts using orders, threats or physical or psychological coercion or serious pressure against others with the aim of obtaining favours and abusing the authority conferred by its functions. The Law also imposes a punishment of one to two years of penal servitude and a fine.534 Chad adopted Law 2017-01, revising the Penal Code. Article 341 defines sexual harassment as “severe pressure for the real or apparent purpose of obtaining an act of a sexual nature” including by a person who abuses their position of authority. A sanction of imprisonment of one to three years and/or fine is imposed535. In Gabon, Law 010/2016 on combating harassment in the workplace states that, “Any repetitive behaviour that has the effect of undermining the dignity of a person and creating an intimidating, hostile, degrading or humiliating environment in the workplace constitutes harassment.”536 While this law attracts only civil penalties, the revised Penal Code (2018) offers criminal sanctions for sexual harassment, including in situations where there is an abuse of authority.537

1.2.2. Policy and Institutional Reforms Most countries in the Central African region have up-to-date national gender plans that include women’s economic empowerment as a strategic objective. In addition, all countries have numerous national action plans that contribute to this area, such as national development plans. Burundi’s National Development Plan 2018–2027 aims to facilitate equitable access to economic opportunities between men and women and provide specific support for vulnerable women and girls to access economic opportunities.538 The Congo Republic National Development Plan 2018–2022

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includes providing support to female entrepreneurs.539 Cameroon’s Country Programme for Decent Work 2014–2017 aims, under Priority 1, to increase decent employment opportunities and income-generating activities, particularly for women, young people and vulnerable groups.540 The objectives of São Tomé and Príncipe’s National Social Protection Strategy 2015 include eradicating extreme poverty in the country. Similarly, one of its main goals is promoting employability and access to safe and decent work for those outside of the labour market, including young persons, women and persons with disabilities.541 Because women tend to have low purchasing power and to lack access to credit, countries across the Central African region have carried out targeted initiatives. One important initiative has been granting microcredit to women to improve their economic status and create women-owned businesses. Burundi has created a microcredit fund and a platform to allow women to share their experiences on earning and saving money.542 In 2017, the rural microcredit fund reportedly created 32% more jobs for women.543 In 2011, Chad created a dedicated ministry responsible for the granting of microcredit to women and youth.544 Microcredit is granted to women who lack access to regular banking services to promote their economic development.545 In 2019, the relevant ministry in Chad had contracted eight microfinance institutions.546 As a result of targeted initiatives, DR Congo reported a rise in the share of female clients of microcredit institutions, with 49.8% women beneficiaries in 2015.547 In Gabon, the National Social Assistance Fund supported 200 women to carry out income-generating activities in 2016.548 Most Central African countries have introduced various policies and programmes that provide capacity-building and support to women’s income-generating activities. In Cameroon, the Ministry for the Promotion of Women and the Family organises capacitybuilding for female entrepreneurs as well as training with woman on setting up and managing income-generating activities.549 In 2018, 27,750 women were trained.550 With a view to empowering women, several Central African countries have also implemented poverty reduction programmes. For example, Chad, in collaboration with the World Bank, has implemented the Safety Nets Program targeting poor households with pregnant women and children under the age of 15.551 The project, which began in 2016, provides households with a monthly sum of CFAF 15,000 (US$25) every two months and incomeearning opportunities for households in N’Djamena’s urban and peri-urban areas.552 Some of the Central African countries have implemented strategies

Figure 4 Central Africa: Firms with female participation in ownership (% of firms) Chad 13.1%

to ensure a more equitable distribution of national budgets. The

DR Congo 15.1%

2017–2021 Action Plan of the Burundian National Gender Policy

Congo Republic 31.8%

sensitises sector ministries on the involvement of gender units in sectoral planning and budgeting.553 In DR Congo, the National Strategy for Gender Responsive Planning and Budgeting aims to address the burden of unpaid work on women.554 In 2019, Congo Republic reported the training of relevant departmental bodies on gender-sensitive budgeting in public finances, including monitoring budget allocations to gender.555

Gabon 33.1% Cameroon 39.7% Burundi 44.0% Central African Republic 53.3% No data available for Equatorial Guinea and São Tomé and Príncipe. Source: World Bank, Gender Statistics DataBank.

1.3. Challenges and Gaps While Central African countries have made progress in legal, policy and institutional reform concerning women’s economic empowerment and entrepreneurship, challenges and gaps remain, leading to disparities between men and women. Across the region, poverty and lack of purchasing power among women remains a substantial barrier to economic equality. Although all Central African countries provide for paid leave for mothers, and many provide for some amount of paid leave for fathers, the work–family balance is unequal. Like in other regions, women in the Central African region are responsible for unpaid care work and childcare. In Chad, household chores and child care tend to be viewed as “women’s work.” In addition to this, rural women also

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carry out labour and time-intensive tasks related to maintaining farm land.556 This severely affects their ability to pursue economic activities. It also highlights the additional barriers faced by rural women. Some countries still maintain contradictions between labour laws and civil codes. While women in Cameroon have a right to work under the Labour Code, the Civil Code allows this only insofar as the husband does not unreasonably reject.557 Many women in the Central African region lack access to financial resources, such as access to loans and credit. In Burundi, failure to meet banks’ requirements severely limit women’s access to credit.558 Restrictions on access to financial resources, such as credit or a bank account, discriminate against Central African women and negatively affect their economic empowerment and entrepreneurship. In Central African Republic, this lack of access prevents women from moving out of the informal sector to the formal sector,559 where access to benefits is realised. In Cameroon, the vast majority of informal workers are women and, as such, they do not receive adequate social security benefits and labour protections.560 Across the region, except for DR Congo’s legal reform of 2015 (Law No. 15/013), no legal provisions prohibiting gender-based discrimination in access to credit were found. Thus, women likely lack legal protection against discrimination in such cases. Moreover, in four countries (Cameroon, Chad, Equatorial Guinea and Gabon), a woman cannot open a bank account in the same way as a man. These restrictions prevent women from safely depositing and saving their financial resources and limits their freedom and rights. Women are further restricted when it comes to equal ownership rights to immovable property. In most Central African countries, except for Burundi, Central African Republic and São Tomé and Príncipe,561 women and men do not have equal rights to such immovable property. For many Central African women, lack of equal property rights reduces their ability to secure financial resources. Possession of assets, such as immovable property, is needed to secure credit to start a business. Moreover, women often lack access to support and advisory services to help them access financial and other resources. While Central African countries took steps during the Decade to promote gender equality and increase women’s access to financial resources through gender budgeting, the review observed some challenges. Some countries have not yet implemented gender budgeting. In Central African Republic, the Finance Law 2017 did not provide for a dedicated budget line for activities related to gender.562 Meanwhile, in 2019, DR Congo reported that its planned reform of the budget system in 2020 would provide an opportunity to talk about GRB.563 The lack of “mainstreaming” is also a problem. Only a limited number of the Burundian ministries incorporate gender into their budgets.564 Countries that implement GRB lack mechanisms to monitor and assess its impact, owing to lack of capacity. In Equatorial Guinea, for example, there are no mechanisms established to ensure a follow-up of the budget allocations destined to promote gender equality and the empowerment of women in the country.565 Other countries do not specifically implement GRB; instead, they treat gender and gender equality considerations as cross-cutting themes in national programmes and projects. The budgetary breakdowns in force are often insufficient to assess whether budget allocations benefit women and girls and contribute to their economic empowerment and well-being.

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2. EAST AFRICA Most East African countries adopted legislative reform during the Decade that promotes women’s economic empowerment.

2.1 Constitutional Provisions During the AWD, several countries in East Africa, such as Rwanda, Seychelles, Somalia, South Sudan, Sudan and Uganda, implemented constitutional provisions relevant to women’s economic empowerment, such as equal pay for equal work and equality in opportunities. Comoros’ Constitution of 2018 Article 38 requires that men and women receive identical remuneration for equal work.566 The 2011 (rev. 2013) Constitution of South Sudan states that “women shall have the right to equal pay for equal work and other related benefits with men” (Article 16.2). 567 The Kenyan Constitution of 2010 guarantees women and men the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.568 The 2010 Constitution of Madagascar mentions that the “law favours the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economic and social life “(Article 6).569

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2.2 Trends in Legal, Policy and Institutional Reform 2.2.1 Legal Reforms Most East African countries adopted legislative reform during the Decade that promotes women’s economic empowerment and entrepreneurship, such as the right to equal remuneration for work of equal value. South Sudan’s Civil Service Act of 2011 guarantees women and men in public and civil service equal rights in recruitment, promotion and remuneration and prohibits discrimination.570 The country also passed the Labour Act in 2017, which guarantees equal pay for equal work.571 The 2011 Employment Regulations of Uganda guarantee equal rights to and protect women and men in employment.572 In Rwanda, Law No 66/2018 of 2018 guarantees equal rights to employment and remuneration for equal work for men and women. Some East African countries have also implemented laws to protect women in the workplace. In 2019, Mauritius adopted the Workers’ Rights Act. This prohibits discrimination in employment based on, among others, gender, sex, sexual, marital or family status, and pregnancy, that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.573 In 2018, Rwanda passed Law No. 66/2018, which protects against workplace discrimination and prohibits sexual harassment. The Labour Act of 2017 in South Sudan guarantees protection against discrimination based on sex and prohibits sexual harassment. Moreover, the Act requires an employer with 20 employees or more to issue a policy statement on sexual harassment.574 In Tanzania, the Anti Sexual Harassment and Anti Gender Discrimination Regulation of 2013 was established, enforcing employers to follow anti-sexual harassment procedures.575 Uganda adopted the Sexual Harassment Regulations in 2012, which mandate employers to have a sexual harassment policy in place and a committee to address reported cases.576 Other legislative reforms adopted during the Decade include measures to combat poverty and increase women’s access to funding. In 2016, Mauritius adopted the Social Integration and Empowerment Act, which aims to combat absolute poverty by setting up programmes and schemes for persons living in absolute poverty to support and help them integrate into mainstream society and improve their quality of life in a sustainable manner.577 In Tanzania, an amendment to the Local Government Authorities Financial Act of 2018 requires these entities to set aside funds to provide “interestfree loans to registered groups of Women, Youth and Persons Living with Disabilities.”578 Three countries (Ethiopia, Rwanda, and Uganda) implemented GRB legislation during the Decade. In 2016, Ethiopia institutionalised GRB through Proclamation No. 970/2016.579 Furthermore, Proclamation 1097/2018 requires all government institutions to address women’s issues in laws, policies and development programmes and projects.580 Rwanda adopted Organic Law N° 12/2013/OL on State Finances and Property to enforce GRB in 2013. This requires all budget agencies to submit a gender budget statement annually to engender planning, budgeting, implementation and reporting processes.581 Uganda’s Public Finance Management Act 2015 mandates all sectors, ministries, departments, agencies and local governments to plan and budget in “a gender and equity responsive manner.”582 Six East African countries (Ethiopia, Kenya, Mauritius, Rwanda, Seychelles and South Sudan) adopted legislation providing paid maternity and paternity leave during the Decade. In 2019, Ethiopia passed Labour Proclamation 1156/2019, which gives mothers 120 days of paid leave and fathers three days of paid leave.583 South Sudan’s Labour Act of 2017, Section 64, gives women 90 days of paid maternity leave and fathers 14 days of paternity leave.584 Kenya’s 2012 Employment Act entitles mothers to three months of maternity leave with full pay and fathers to 14 days of paternity leave with full pay.585 Other countries have taken steps to improve conditions for working mothers. In Tanzania, an amendment to the Employment and Labour Relations Act No. 6 in 2017 increased the number of “breastfeeding hours for employed mothers.”586 In 2019, Kenya amended the Employment Act to guarantee parents who adopt a child full paid leave. Under this Act, women are entitled to three consecutive months of pre-adoption leave with full pay from the child’s date of placement, and male employees two weeks of leave with full pay.587

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2.2.2. Policy and Institutional Reforms During the AWD, East African countries implemented policy and institutional reforms to improve women’s economic empowerment and strengthen women’s employment and entrepreneurship opportunities. National employment policies and strategies focus on improving employment opportunities in general or in specific sectors. The 2014 National Employment Policy of Comoros mainly promotes full employment and decent work in the country. It includes operational strategies to support the promotion of youth and women’s employment.588 The Ethiopian Industrial Strategic Plan 2013–2025 aims to create more job opportunities for women by focusing on women-dominated and labour-intensive sectors, such as textile and garment industries. The plan aims to allocate 30% of skilled jobs and 60% of low-skilled jobs to women by 2020.589 The Rwanda Private Sector Development Strategy 2013–2018 aims to increase economic opportunities for men and women and applies a “gender lens” in each intervention.590 It seeks to understand the barriers and challenges specifically faced by female employees and entrepreneurs and how to overcome them.591 Other countries, such as Djibouti and Ethiopia, include objectives to promote and improve women’s access to employment opportunities in their national social protection plans. The Social Protection Strategy 2018–2022 of Djibouti seeks to improve young people and women’s access to job creation opportunities, through training, financial assistance and support to projects.592 It also gives priority to the objective of combating exclusion and eliminating the inequity women in the informal sector face, paying particular attention to maternity insurance.593 To address the challenges in accessing financial resources, some countries, such as Tanzania and Uganda, have sought to reduce the exclusion of women through policy reform. For example, the National Financial Inclusion Strategy 2017– 2022 of Uganda creates linkages between village savings and loans associations and the financial sector to reduce women and rural communities’ exclusion and promote their inclusion.594 Similarly, Tanzania’s Financial Inclusion Framework II 2018–2022 promotes the inclusion and participation of women in the economy.595 Several countries have implemented policy reforms to eradicate poverty, most commonly through national strategic plans or national development plans. For example, Somalia’s National Development Plan 2020–2024 aims to reduce poverty and inequality through inclusive employment, particularly for vulnerable groups such as women.596 In Djibouti, the government has focused its mission to eradicate poverty on job creation for women and youth and has emphasised this goal in its National Strategic Plan 2011–2015 and Djibouti’s Vision 2035.597 Notably, in 2016, Mauritius introduced the Marshall Plan Against Poverty, which seeks to address the root causes of poverty and proposes a community-based approach to service delivery.598 The Plan promotes gender equality and more significant opportunities for women and young people in all areas, such as employment and social protection.599 To combat poverty, in 2010 the Government of Mauritius also established the Ministry of Social Integration and Economic

Figure 5 East Africa: Firms with female participation in ownership (% of firms)

Empowerment to create an inclusive and more equitable society free from extreme and chronic poverty.600

Eritrea 4.2% Sudan 8.2%

Many East African countries have implemented institutional reforms to facilitate access to financial resources such as credit and loans for women. The Uganda Women Entrepreneurship Programme, established in 2015, offers affordable credit to women in groups for enterprise development. Initially focused on women aged 18–65, this was subsequently amended to include women over 65.601 Under the Revitalised Agreement of 2018, the Government of South Sudan commits to setting up a Women Enterprise Development Fund to assist women with obtaining subsidised credit for womenbased enterprises.

602

The Uwezo Fund, established in 2014 by the

Government of Kenya, empowers women, youth and persons with

Mauritius 16.9% South Sudan 21.9% Djibouti 22.3% Tanzania 24.7% Uganda 26.6% Ethiopia 36.2% Madagascar 41.6% Rwanda 42.7% Kenya 47.5%

disability financially through the provision of interest-free loans and start-up capital of up to US$5,682 for small businesses.603

No data available for Somalia, Seychelles, and Comoros. Source: World Bank, Gender Statistics DataBank.

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2.3 Challenges and Gaps While the countries in the region have promoted women’s economic empowerment and entrepreneurship and GRB, and have committed to eradicating poverty through legal, policy and institutional reforms, challenges remain and gaps. East African women still face barriers that restrict their involvement in and benefits from new developments. The first gap observed relates to the legislation guaranteeing equality and prohibiting discrimination in the workplace. According to the sources consulted, nearly half of the countries in East Africa do not have legal provisions guaranteeing equal remuneration for work of equal value. This lack of legal protection allows the gender pay gaps to continue and prevents women from realising economic rights and full and equal participation in the workplace. Not all countries have legislation prohibiting sexual harassment in the workplace. While national legislation guarantees equal treatment in employment, women continue to face discrimination and harassment in the workplace owing to weak implementation and enforcement. Moreover, in many East African countries, women have fewer employment opportunities. A second gap concerns women’s access to financial resources, such as credit. In most East African countries, except for Djibouti, Eritrea and Mauritius, no provisions were found in national legislation prohibiting discrimination in access to credit based on gender. This lack of legal protection prohibiting discrimination violates principles of equality, hampers female entrepreneurship, hinders women’s economic empowerment and presents obstacles to realising women’s economic rights. For some East African women, it is also not possible to open a bank account or register a business in the same way as men. In other counties, few women hold bank accounts or borrow money, in part because of a lack of steady income and limited access to financial institutions and information about their rights and opportunities. Concerning legislation on parental leave, some gaps are evident. About half of the countries in the East African region do not meet the ILO standard for maternity leave, and not all States pay paternal leave. In countries where legislation provides for paternal leave, the law does not include all fathers. Moreover, the laws concerning maternal and paternal leave are not applied equally in all sectors. For example, the Labour Act of 2017 of South Sudan provides for paternity leave but this entitlement does not apply to partners of unmarried pregnant women.604 The Act is also inconsistently executed. While applied in the private sector, it has yet to take effect in the public sector.605 While women in the formal sector are guaranteed maternal leave, female workers in the informal sector or self-employed women lack such protection. As a result, self-employed women and women in the informal sector lose income as a result of pregnancy and return to work almost immediately. The feminisation of poverty remains a concern in the East African region. In many countries, more women than men, in both urban and rural areas, live in poverty. The economic, social, cultural and institutional barriers women face to equal employment opportunities and entrepreneurship contribute to our understanding of the feminisation of poverty. In many countries, such as in Kenya and South Sudan, households headed by women tend to be poorer than their male counterparts. Women, in general, have fewer employment and business opportunities than men.606 Other contributing factors include high unemployment numbers among women in the formal sector and persistent gender pay gaps. Throughout the Decade, East African countries made advances in implementing GRB through legislative and policy reform; however, some challenges remain. A critical gap observed is that not all East African countries have a legislative framework in place to institutionalise GRB. Political instability and conflicts have hampered advances in GRB in some East African countries. While some countries allocate funds to promote gender and projects aimed at women’s economic empowerment, national budgets often do not include a gender-specific budget line. Some countries do not have mechanisms in place to monitor and track GRB. Lack of or insufficient training on gender-sensitive budgeting to better integrate gender in developing and implementing budgets, policies and programmes represents another gap. These challenges make it difficult to assess to what extent the allocation of national budgets addresses the needs of women and strengthens gender equality and women’s economic empowerment.

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3. NORTH AFRICA Following the Arab Spring, countries in the North African region enacted legal, policy and institutional reform related to women’s rights.

3.1 Constitutional Provisions Following the Arab Spring, countries in the North African region enacted legal, policy and institutional reform related to women’s rights. During the AWD, all countries undertook constitutional reform to address women’s economic empowerment broadly or specifically. All of the new or amended constitutions include the principles of equality and non-discrimination. Except for Morocco and Mauritania, all North African countries guarantee the right to work in their respective constitutions. In Algeria, the 2016 Amendment to the Constitution declared that the State shall work to promote parity between men and women in the labour market and encourage the advancement of women’s responsibilities within institutions, government and enterprises.607

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3.2 Trends in Legal, Policy and Institutional Reform 3.2.1. Legal Reforms Concerning legal reforms, nearly all North African countries have adopted legal frameworks to promote women’s economic empowerment. In Libya, the 2010 Labour Relations Law guarantees equal job opportunities for men and women in both private and public sectors608 and promotes equal pay by barring gender-related discrimination for equal work.609 All countries, except Sahrawi Republic (no data found), in the North African region have legislation on maternity leave. Of these, Algeria, Libya and Mauritania offer 14 weeks of maternity leave. Act No. 12 of 2010 establishes that women in Libya have not only the right to 14 weeks of paid maternity leave610 but also equal remuneration for equal work. Two countries (Algeria and Tunisia) also provide for paid paternity leave. Algeria provides for three days of paid paternity leave but in Tunisia fathers are entitled to only one day. During the AWD, all countries, except for Libya, Mauritania and Sahrawi Republic, adopted legislation proscribing sexual harassment in employment, and imposed criminal penalties. Two countries (Egypt and Morocco) introduced legislative reform concerning GRB. Egypt’s Prime Minister’s Decision No. 1167 calls for a committee to follow up on the system of plans, programmes and performance budgets in ministries.611 In 2014, Morocco adopted a new Organic Law of Finance, which institutionalises gender equality in the budget process. This also explicitly states that gender equality must be considered in the definition of objectives, results and indicators of performance and institutionalises the Gender Report as “an official document that is part of the annual Finance Bill.”612

3.2.2. Policy and Institutional Reforms North African governments also adopted policy reforms that address women’s economic empowerment and poverty in general or in specific terms. Most commonly, countries laid out their plans for addressing these issues in national strategies. For example, in 2017, the Egyptian government introduced the National Strategy for the Empowerment of Egyptian Women 2030. This aims to implement the commitment outlined in the 2014 Constitution of Egypt, as well as international agreements, with a particular focus on vulnerable women, such as rural women, women living in poverty and elderly and disabled women. It seeks to do so through capacity development, entrepreneurship and creating equal opportunities for women in all sectors.613 Mauritania’s National Strategy on Developing the Private Sector 2015–2019 aimed to reduce disparities between women and men. It also established funding for many programmes to finance the economic development of women and a programme to promote enterprises associated with women. In 2018, the Council of Ministers of Tunisia approved the National Action Plan for the Integration and Institutionalisation of the Gender Perspective. The Plan seeks to integrate a gender perspective in planning, programming and budgeting “with a view to eliminate all forms of discrimination and achieve equality in terms of development, rights and duties among citizens by the year 2020.”614

Figure 6 North Africa: Firms with female participation in ownership (% of firms) Mauritania 15.0% Algeria 15.0% Egypt 17.8%

have implemented institutional reforms to promote the economic empowerment of women. To support the financing of women-led enterprises, Morocco’s Central Guarantee Fund, together with the Ministry of Economic and Finance, has launched a guarantee tool that covers 80% of bank loans up to MAD 1 million ($111,938.21) that are given to women.615 Morocco’s Your Guarantee’s Fund in 2013 made loans to finance 236 new enterprises set up by one or more

Morocco 31.3%

women. The Government of Morocco also established two national

Tunisia 49.5%

programmes, the Government Plan for Equality 1 (2012–2016) and 2

No data available for Saharawi Arab Democratic Republic and Libya. Source: World Bank, Gender Statistics DataBank.

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All North African countries, except for Libya and Sahrawi Republic,

(2017–2021) to empower women and strengthen their opportunities.616

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3.3 Challenges and Gaps Although North African countries took steps to promote women’s economic empowerment and entrepreneurship during the AWD, gaps remain. Not all North African States guarantee women the right to equal remuneration for work of equal value under the law. In countries where women are legally entitled to equal pay, implementation is often weak and inconsistent. Employers, both public and private, vary in their application of the law. Thus, the gender pay gap persists. Moreover, while the 2016 Draft Constitution of Libya expands on the right to work, it does not specifically articulate the right to equal pay. Similarly, while the 2020 Draft Constitution of Algeria includes a provision on minimum pay, it does not guarantee equal pay. At the time of writing, neither of these proposed constitutions has been adopted. While North African countries have a large and well-educated female labour force, women’s participation is low. North African women face barriers, some of which are cultural and some social. Firmly held social norms contribute to disparities in gender.617 Women are often seen as bringing in a secondary income. In contrast, men are viewed as holding the primary responsibility of providing for the family and, therefore, are justified in earning more.618 As a consequence, gender pay gaps contribute to higher rates of poverty among women and deny women autonomy and the full enjoyment of their human rights. Legislative reforms appear at times to promote gender equality as much as traditional gender roles, thus resulting in conflicting and weak implementation of State laws. For example, Egypt commits to taking necessary measures to ensure appropriate representation of women in public and legal sectors. It also ensures women’s empowerment to reconcile their duties towards the family and work requirements (Article 11 of the 2014 (rev 2019) Constitution)..619 Critics argue that this Article perpetuates the idea that caring for the family is primarily the duty of women.620 Moreover, because many North African women work in the informal sector, or hold vulnerable positions, they lack social protection. Of the countries reviewed and from the data analysed, few countries have adopted specific policies aimed at reducing poverty among women but many include such goals within strategies on promoting economic empowerment among women. North African women also face challenges in accessing financial resources, such as credit. A review of existing laws of six North African countries did not find any provisions protecting women against discrimination in access to credit based on gender, except in Morocco, where the law does offer such protection. A 2012 study by the World Bank showed that women in North Africa faced considerable barriers in obtaining loans and often had limited access to collateral.621 The study also revealed that many banks had conservative lending policies and that, because of a lack of trust, often rejected loan applications by female entrepreneurs.622 As a result, North African women’s participation in ownership (joint or sole ownership), as well as representation in management positions, remains well below that of their male counterparts. While nearly all North African countries provide for maternity leave, female employees often do not have access to flexible work hours and part-time work. Another challenge observed concerns the implementation of GRB. While some countries adopted legislative or policy reform on GRB during the AWD, others have not yet done so. Moreover, in countries such as Libya, the annual general budget is “not based on an integrated vision for achieving gender equality and the empowerment of women” and only provides limited allocations to support such programmes.623 Gender is often integrated as a cross-cutting issue in national budgets. Therefore, assessing the budget rate devoted to promoting gender equality and women’s empowerment is difficult. Conflicts and uprising also hampered progress towards implementing GRB in many North African countries during the Decade.

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4. SOUTHERN AFRICA Over the Decade, the countries of the Southern African region implemented legislation concerning women’s economic empowerment and entrepreneurship.

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4.1 Constitutional Provisions During the AWD, two Southern African countries (Angola and Zimbabwe) made constitutional reforms relevant to fighting poverty, economic empowerment and entrepreneurship. Both constitutions enshrine the principle of equality and guarantee the right to work. The 2013 Constitution (revised in 2017) of Zimbabwe guarantees women the right to equal remuneration for similar work (Article 65.6) and the right to fully paid maternity leave for a period of at least three months (Article 65.7).624 Under the 2010 Constitution of Angola, one of the State’s fundamental tasks shall be to promote the eradication of poverty (Article 21.e).625The Angolan Constitution also guarantees each worker fair pay.

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4.2 Trends in Legal, Policy and Institutional Reform 4.2.1. Legal Reforms Over the Decade, the countries of the Southern African region implemented legislation concerning women’s economic empowerment and entrepreneurship. South Africa (Act No. 47 of 2013: Employment Equity Amendment Act) and Zambia (Gender Equity and Equality Act of 2015) have specific legal provisions that promote affirmative action to benefit women and advance their economic status.626 In 2011, Angola adopted Law No. 30/11 on Micro, Small, and Medium Enterprises. Under this Law, the executive should structure specific tax, financial and organisational incentive programmes for women and young people, including training and/or professional improvement courses with the involvement of recognised national business and/or professional associations.627 All Southern African countries allow maternity leave. Four countries (Angola, Botswana, Lesotho and Zambia) have introduced new legislation concerning paid maternity leave. Angola’s General Labour Law No. 7/15 of 15 June 2015 and Presidential Decree on Maternity Protection No. 8/11 of 7 January 2011 provide for 90 days of paid maternity leave and establish that the government administers 100% of maternity leave benefits.628 Botswana increased maternity income protection to cover 50% of the woman’s salary in 2010 under the amended Employment Act.629 In Lesotho, there is no obligation for an employer to pay the wages of women on maternity leave, which leads to many taking their annual leave instead to cover for their absence.630 Many women working in the informal sector, such as in agriculture, do not benefit from maternity leave or pensions.631 In nine countries (Angola, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe), women’s rights to equal pay for work of equal value are enshrined in law. In three countries (Angola, Zambia and Zimbabwe), reforms for equal pay provision took place during the AWD. The 2015 Gender Equity and Equality Act of Zambia, Section 31(e), provides that women have a right to “equal remuneration, benefits and treatment in respect of work of equal value as well as equality of treatment in the evaluation of the quality of work.”632 Likewise, Angola’s General Labour Law, Section 157, states that women have the right to equal remuneration.633 Both Namibia and South Africa continued to promote female employment through legal provisions enacted during the Decade. Namibia’s Employment Services Act No. 8 of 2011 set quotas for female members of the Employment Services Board and prohibited private employment agencies from discrimination based on sex, marital status or family responsibilities.634 South Africa’s 2017 Codes of Good Practice on Broad-Based Black Economic Empowerment specifies that 12% of net measurable procurement must be spent on black women-owned businesses.635 During the AWD, some Southern African countries adopted legislation prohibiting sexual harassment in the workplace. Malawi’s Gender Equality Act prohibits sex discrimination including at the workplace and enables victims of sexual harassment to report this outside of the institution, to mitigate fears of retribution.636 The Policy on Employment in Mozambique prohibits sexual harassment and discrimination against women at the workplace,637 while promoting training opportunities for women to take on more traditionally male jobs.638 Sectors traditionally dominated by women are regulated in the Angolan Presidential Decree on the Legal and Social Protection Framework for Domestic Workers,639 while the Malawi Pensions Act protects part-time, temporary, seasonal and home-based workers.640

4.2.2. Policy and Institutional Reforms During the Decade, most Southern African countries took steps to eradicate poverty, most commonly through frameworks such as national policies on gender and development and country strategic plans. Some countries (Angola, Botswana and Zimbabwe) adopted policies and programmes specifically aimed at eradicating poverty. The 2011 Poverty Eradication Framework of Botswana incorporates a gender equality perspective.641 In Mozambique, the

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Poverty Reduction Action Plan 2011–2014 has as its primary goal to reduce the incidence of poverty by promoting employment and human and social development and increase food production.642 The Plan also includes goals to reduce gender disparities and promote gender equity. The Interim Poverty Reduction Strategy Paper 2016–2018 of Zimbabwe includes a particular focus on gender, women and development to achieve the overall objective. Among the strategies to reduce poverty among women is the implementation of gender and women development programmes to empower women’s participation in the economy and skills development.643 To effectively eradicate poverty, the Government of Namibia established the Ministry of Poverty Eradication and Social Welfare during the AWD. Its mandate includes initiating, implementing and coordinating social development programmes to improve the lives of all Namibians, particularly women and children, and to effectively eradicate poverty and inequality.644 Seven countries (Angola, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) have begun implementing GRB, with South Africa, Tanzania and Zimbabwe standing out as the countries championing such budgeting in SADC.645 Eswatini’s 2010 National Gender Policy states that experts in gender budgeting should form an integral part of the team responsible for the planning of national and sectoral budgets.646 In South Africa, the Ministry of Youth, Women and Persons with Disabilities has released the Framework on Gender-Responsive Planning, Budgeting, Monitoring, Evaluation and Auditing. This seeks to implement gender-responsive practices and budgeting across the entire state machinery and outlines phases from 2018 to 2021 to accomplish this.647 Botswana, Malawi, Namibia and South Africa have increased the percentage of the budget allocated to the gender ministry. Strategies used to mainstream gender concerns have also included creating gender focal points in all ministries (Namibia, South Africa, Zimbabwe), which should function to implement the country’s gender objectives within their respective institutions.648 Another strategy is instructing all accounting officers to include gender concerns in Budget Call Circulars, which Zimbabwe’s Ministry of Finance has been doing since 2007.649 Acknowledging the challenges that women face in accessing funds from formal financial institutions for investments in their enterprises, countries are putting in place schemes to advance finances to women on more equitable terms. Projects related to microcredit or easier loan schemes targeted at women exist in several countries.650 Countries like Angola, Eswatini, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe, for example, have established microcredit or other loan schemes specifically aimed at women’s empowerment. Mozambique inaugurated in 2013 the Woman Bank (Banco Mulher), which simplifies loan access for women.651 In Eswatini, SWEET Microcredit, established in 2015,652 and the non-profit Imbita Eswatini Women’s Finance Trust grant loans for the development of women in business in areas not served by other microcredit organisations.653 In

Figure 7 Southern Africa: Firms with female participation in ownership (% of firms) South Africa 22.6% Malawi 28.1% Mozambique 28.3% Eswatini 36.0% Lesotho 39.1% Namibia 41.0% Zimbabwe 42.5% Zambia 43.7% Botswana 55.3% Angola 56.6% Source: World Bank, Gender Statistics DataBank.

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2016, the Ministry of Small Business Development, Cooperatives and Marketing of Lesotho began development of the Micro, Small and Medium Enterprises Policy, which provides guidance on accessibility to credit.654 In South Africa, the Women’s Empowerment Fund, under the National Empowerment Fund, supports businesses that are more than 50% owned and managed by black women.655 In Namibia, the Income Generating Activity Fund provides grants for small businesses/projects, especially targeting women with disabilities.656 Zambia’s Citizens Economic Empowerment Commission allocated 30% of its funds to women,657 which increased the percentage of women’s projects supported from 17.4% of all projects in 2012 to 37% of projects in 2013.658 In 2015, Zambia’s first women’s bank was established, with Ministry of Finance funding.659 Zimbabwe launched the Zimbabwe Women’s Microfinance Bank in 2018 to help rural women in particular to

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gain access to credit. In its first year, it provided 7,073 loans to women across 10 provinces;660 in addition, the Women’s Empowerment Fund, in operation since 2010, supported 133 projects in 2020. Other women’s empowerment initiatives ranged from Namibia’s and Zimbabwe’s support for women micro-entrepreneurs and SMEs661 to the provision of agricultural equipment to women’s cooperatives in Zambia,662 and the establishment of women’s business associations such as the Zimbabwe Federation of National Associations of Women in Business in Eastern and Southern Africa.663 During the Decade, significant institutional reforms increased the protection of pregnant women against discrimination. In 2014, the Labour Court of Lesotho ruled in Makafane v. Zhongxian Investment Pty Ltd that a dismissal on the grounds of pregnancy constitutes unconstitutional discrimination.664

4.3 Challenges and Gaps While Southern African countries made much progress in advancing women’s economic empowerment and entrepreneurship through legal, policy and institutional reform throughout the Decade, some challenges and gaps remain. For example, not all countries guarantee equal remuneration for work of equal value under the law. Despite legislation on affirmative action and strategies to increase women’s participation in the workforce, women continue to face discrimination. For example, in Malawi, CSOs observed that women face discrimination practice, and some employees do not hire women.665 A gap observed concerning affirmative action legislation concerns its application. In some cases, the laws apply to only certain employers specified by the government, often employers who employ more than 25 (Namibia) or 50 (South Africa) employees, but do not apply to the informal sector, where many women are employed. Another contestation in terms of affirmative action laws is taking place in South Africa, where an ongoing Labour Court case is challenging the Employment Equity Act on the grounds that, “Affirmative action should be applied in a more nuanced way; That socio-economic indicators must be taken into account; That the way in which affirmative action is currently applied gives rise to a practice of race quotas.”666 Except for South Africa, Zambia and Zimbabwe, most countries in the region do not meet the ILO standard of 14 weeks of maternity leave. Few states in the region offer paid paternity leave, which hinders women’s full equality and maintains the role of women as the primary caretaker. South Africa provides 14 days of paid paternity leave, while fathers in Angola and Mozambique receive one day of paid leave. Moreover, in many Southern African countries, maternity benefits are not being fully administered by the government.667 In Lesotho, for example, there is no obligation for an employer to pay women’s wages on maternity leave, which leads many to use their annual leave instead to cover for their absence.668 Women working in the informal sector do not benefit from maternity leave or pensions.669 Access to financial resources, such as credit, remains a challenge to women’s economic empowerment and entrepreneurship in the region. Although many countries have implemented mechanisms to improve access to loans and credit, in half of Southern African countries discrimination in access to credit based on gender is not prohibited under the law. Women often face problems in starting a business, such as limited resources and high finance costs.670 Moreover, many women, particularly, in rural areas, have limited or no access to banks. As a result, some women often prefer using informal lending sources to banks.671 This lack of or limited access to financial resources contributes to excluding women from economic activities and hinders the realisation of women’s economic rights. High rates of poverty persist in Southern Africa. Women make up the more than 50% of the poor population in SADC.672 In five countries (Eswatini, Namibia, South Africa, Zambia and Zimbabwe), women-headed households experienced higher poverty levels between 2010 and 2020.673 Although several countries have implemented strategies to eradicate poverty, the data reviewed did not reveal a policy or plan that focuses explicitly on eradicating poverty among women. Thus, femaleheaded households, and women in general, continue to face challenges in advancing their economic well‑being.

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Concerning GRB, while some countries in the region have made notable progress in this area, in others GRB is yet to be implemented.674 While Malawi’s Constitution instructs the state to adopt national policies implementing gender equality,675 none of the other countries has legislated GRB specifically. Implementation and impact of the current GRB strategies continue to be a challenge owing to low capacity.676 Gender or women’s ministries are for the most part limited in their resources to mainstream GRB in other ministries, as they receive a small portion of the national budget. In several countries that have implemented GRB, there are no well-developed (systemic) monitoring and evaluation mechanisms to track the amounts, prioritisation and relevance of allocations as to the percentage of the budget meant to benefit women across the various sectors. National budgets only list the portion of the budget allocated to the ministry responsible for gender or women, but not how other ministries consider gender in their respective budget allocations.677 Some ministries, not directly overseeing gender objectives, do include gender outcomes in their annual reports. In South Africa, the Department of Trade and Industry is doing well in allocating budgets supporting women initiatives, as is the Department of Health. However, while these budgets respond to women’s needs, they cannot be said to have been analysed in a systematic manner using GRB tools.678

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5. WEST AFRICA Over the Decade, many West African countries adopted legislation advancing women’s access to resources, such as the right to inheritance and property.

5.1 Constitutional Provisions During the AWD, Burkina Faso, Côte d’Ivoire, Gambia, Guinea, Niger, Nigeria, Senegal and Sierra Leone all undertook constitutional reform relevant to women’s economic empowerment. At a minimum, the constitutional reforms include provisions such as equality, the right to work and prohibition of discrimination in employment. For example, the Constitution of Senegal includes a provision guaranteeing equal opportunity in employment. Nigeria and Sierra Leone also have provisions that guarantee equal pay for equal work without discrimination. Similarly, the 2010 Constitution of Niger guarantees the right to the worker of just compensation for his services or production.679

5.2 Trends in Legal, Policy and Institutional Reform 5.2.1. Legal Reforms Over the Decade, many West African countries adopted legislation advancing women’s access to resources, such as the right to inheritance and property. In Côte d’Ivoire, Law No. 2019-573 on succession brings considerable advances for widows. It gives widows the status of reserve heir, which means they are now entitled to a portion of the predeceased spouse’s estate and hence benefit from legal protection and therefore cannot be disinherited at the time of death of their spouse.680 Furthermore, Article 82 of Law No. 2019-570 gives married women an equal say in managing the joint marital property.681 Before this reform, the husband administered the joint property.682 The 2010 Women’s Act of Gambia guarantees women the right to acquire property and administer and manage it freely (Section 41). It also protects the right of divorced women by ensuring women equitable rights to those of men in case of separation, divorce or annulment of marriage (Section 42). Widows also have the right to an equitable share in their husband’s property inheritance and the right to continue to live in the marital home (Section 43). As for the inheritance of their parents’ properties, men and women have the right to inherit equitable shares (Section 44).683

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Another trend observed is that several countries have passed legislation ensuring equal opportunities and protection against discrimination in employment based on gender. Notably, Niger amended the Labour Code in 2012. The revised Code prohibits discrimination and increases the penalties for discrimination in the workplace.684 The 2015 Labour Code of Côte d’Ivoire protects women against discrimination in employment based on gender and provides protection for women during and immediately after pregnancy. It states that “the employer must not take into consideration the state of pregnancy of a woman to refuse to hire her, or to terminate her employment contract” (Article 23.2).685 Several countries have aimed to increase female participation in the labour force through strengthening laws related to decent work and labour standards. Liberia is notable in this respect, with the highest labour force participation in the region. For example, Liberia’s 2015 Decent Work Act ensures that men and women are equal in terms of wages. It has also made provisions to ensure that the minimum wage increase is not discriminatory by gender.686 Most notably, the Decent Work Act provides paternity leave for men of one week687. Also, Law No. 2016-32 promulgated in 2016 by the Senegalese government amended the Mining Code to ensure equal opportunities for women and men in this professional sphere and guarantees equal pay between female and male employees.688 Out of 15 countries in West Africa, 10 provide at least 14 weeks of paid maternity leave. During the AWD, Côte d’Ivoire (2017 Code du travail), Gambia (Women’s Act of 2010), Guinea (Law l/2014/072/LNT), Sierra Leone (2011 Commercial Employees Association Collective Agreement) and Liberia (2015 Decent Work Act) adopted legislation providing maternity leave. In five countries (Burkina Faso, Côte d’Ivoire, Guinea-Bissau, Mali and Senegal), the respective government administers 100% of the maternity leave benefits. In Nigeria, the Labour Standards Law of 2010 ensures that women employed in the public and private sector have 16 weeks of maternity leave at a national level. Most notably, the northwest state of Kaduna extended the maternity leave for women employed in the public sector to six months in 2019.689 Niger, Senegal and Togo have provisions to ensure women’s job security before and during maternity leave. For example, the Togolese Decree of 30 July 2010 amended Article 147 of the Labour Law and laid down the nature of work prohibited for pregnant women.690 Côte d’Ivoire is notable in that the country gives employees with young children the legal right to have flexible or part-time work hours.691 Regarding the promotion of economic empowerment and entrepreneurship, several countries have adopted legislation aiming to promote and support female entrepreneurs. Gambia has a bill aimed at supporting women entrepreneurs. In Cabo Verde, Law No. 70/VII/2014 established the Special Regime for Micro and Small Enterprises, providing informal businesses with specific tax concessions and financial contributions. Among its benefits, the Law exempts businesses from the publication of any corporate action. It considerably reduces the costs of establishing an enterprise and the requirement for compulsory organised accounts, reducing accountancy costs. It also provides a simplified model for tax payment, which considerably reduces the amount of tax levied. More than 2,000 women benefited from this regime in 2016.692 This bill reflects the Capo Verde government’s commitment to allocate GMD 12 million (US$2,3161,552) for women entrepreneurs.693

5.2.2. Policy and Institutional Reforms Countries in the region also sought to increase female labour force participation through government initiatives and programmes aimed at upskilling women during the Decade. For example, Sierra Leone implemented the 2015–2018 National Employment Policy, which recognised the different treatment in employment related to gender and aimed to increase female access to employment.694 Under this Policy, the Office of the President launched the Women at the Wheel project. The project encourages women to train as taxi drivers to promote their economic empowerment and to fight against workplace-related gender stereotypes. Women provide a service to the population while at the same time gaining an income.695 In Nigeria, the Smart Woman’s App was created to increase women’s access to information related to business opportunities, credit access and health.696 Senegal has also excelled in this respect.

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Governments in the West African region have also implemented policy reforms to empower women through fighting poverty. The Liberian government’s 2018 Pro-Poor Agenda for Prosperity and Development has specific provisions to ensure adequate skill development.697 Since 2010, Mali has also developed several programmes to support women against poverty and their economic empowerment. For example, the Faim Zéro (Zero Hunger) programme supports women experiencing precariousness as a result of conflict.698 In West Africa, two countries (Cabo Verde and Liberia) have adopted policy reforms on GRB to ensure women benefit equally from the allocation of public resources. In 2017, Cabo Verde introduced the Gender Marker for the State Budget. This monitors progress achieved in gender mainstreaming across sectors and gives greater visibility to investments made in national gender equality priorities,699 rating each project based on the level of gender mainstreaming. The State Budget Proposal for 2018 included for the first time a section on GRB.700 Liberia implemented the Gender Responsive Planning and Budget Policy for 2019–2023 to assist the “Ministry of Finance and Development Planning and other spending entities to evaluate the impact of public expenditure on gender equality.”701 Most West Africa countries have implemented funding programmes and policies to support income-generating activities for women and female entrepreneurship. Burkina Faso, Mali, Nigeria, Senegal, Sierra Leone and Togo have increased funding for female entrepreneurs. Since 2014, Senegal has implemented various funds to support female entrepreneurs, including the National Fund for Female Entrepreneurship and the National Fund for Credit Destined to Women. Nigeria’s Central Bank has programmes

Figure 8 West Africa: Firms with female participation in ownership (% of firms)

specifically targeting women entrepreneurs. Moreover, Nigeria’s 2012–2020 Financial Inclusion Policy sought to increase women’s financial inclusion, especially for excluded groups. Most notably, Togo has implemented measures to increase women’s representation in the workforce by removing taxes for female entrepreneurs. In

Guinea 9.0% Niger 14.5%

fact, in 2020 Togo was one of Africa’s countries that pay the most attention to issues of economic inclusion and women’s rights.702

Mali 15.3% Nigeria 16.2% Gambia 16.8%

In Côte d’Ivoire, a FCFA 5 billion Fund for the Promotion of SMEs and Women’s Entrepreneurship, launched in 2017, facilitates access to bank credit for women business managers.703 Cabo Verde has

Sierra Leone 18.8%

set up entrepreneurship programmes to promote women’s access

Burkina Faso 19.2%

to funding, such as the Support to Women’s Entrepreneurship

Guinea-Bissau 19.9% Senegal 22.9% Côte d’Ivoire 24.4% Togo 25.3% Ghana 31.6% Cabo Verde 33.1%

programme, which conducts entrepreneurship training and business planning and provides technical assistance and incubation. In Benin, a support fund for the financing of micro, small and mediumsized enterprises and the promotion of women’s entrepreneurship was established in 2019 to improve access to funding through the diversification of business tools, including refinancing, venture capital, financial leasing, factoring and mutual guarantee mechanisms.704 In 2015, Guinea launched the African Women’s

Benin 36.7%

Financial Mutuals, a women-led micro bank.705

Liberia 37.4% Source: World Bank, Gender Statistics DataBank.

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5.3 Challenges and Gaps Despite the numerous laws aimed at protecting women, many women across the West African region continue to face discrimination and challenges in achieving the AWD goals on women’s economic empowerment, such as access to financial resources. Most of the West African states do not proscribe prohibition against discrimination in access to credit based on gender. Two countries have provisions prohibiting discrimination based on gender regarding credit access, through Law No. 2016/059 in Guinea and the Penal Code in Cabo Verde. Most countries in West Africa do not have relevant provisions on equal remuneration for work of equal value. In Togo, Law No. 2015-010 prohibits sexual harassment in employment and provides criminal penalties and civil remedies, although under customary law a husband can restrict his wife’s freedom to work and control her earnings. In Gambia, sections of the Women’s Act dealing with widows’ rights and the right to inheritance are subject to personal law, which contains discriminatory provisions against women (notably Sharia Law applicable to Muslims, and customary law for persons who are traditionalist). In addition, the Women’s Act provides only for women’s “equitable” access to property (equitable rights to those of men in case of separation, divorce or annulment of marriage, an equitable share in the inheritance of the property of their husbands and equitable shares in the inheritance of parents’ properties) and not equal access. Furthermore, the acquisition of customary land under the informal land tenure system remains a complex issue for women.706 In Cabo Verde, the law does not ensure that the jointly owned property of women and men in de facto unions is registered in the name of both partners from the outset.707 In Côte d’Ivoire, a high percentage of marriages are not formally registered, leaving women without economic protection upon dissolution of the union.708 Although countries have legislation prohibiting discrimination in employment, women face barriers and stereotypes that prevent them from seeking employment opportunities. For example, while the Labour Code of Niger mandates non-discrimination in employment based on sex and requires equal pay for equal work, women are prohibited from entering some professions. Moreover, the Civil Code still states that women need their husband’s consent to pursue their chosen profession.709 Another area of contention observed concerns maternity leave. While most West African countries provide maternity leave, the laws protecting women related to job security during pregnancy and maternity leave are often poorly enforced. For example, in Sierra Leone, it is common for an employer to lay off a woman if she becomes pregnant during her first year on the job.710 Based on the survey of laws adopted during the Decade, several countries do not have relevant legislation giving women the right to equal pay for work of equal value. Implementation of GRB varies across the West African region. Some countries, such as Niger, have developed a GRB action plan; however, GRB is not yet institutionalised.711 In other countries, while reports indicate investments in promoting women’s economic empowerment and gender equality, many budgets allocated to ministries and departments do not include a specific line related to gender and gender equality. Moreover, some countries lack the capacity to monitor and assess the quality of investments in terms of women’s economic empowerment and gender equality. Lack of data on government budget allocations to gender is another challenge observed within the region. Linked to this are reductions in the budget allocated to gender. For example, Senegal has experienced a reduction in the specific budget allocation to gender owing to mainstreaming policies.712 The political crisis in the north of Mali has also distracted from the government’s gender priorities, which is projected to decrease budget commitments.713 Other countries have experienced a reduction in the budget owing to socioeconomic and political factors. Most notably, the 2014 Ebola outbreak limited resources allocated to gender policies in Liberia and Sierra Leone. The hard-earned gains recorded by the Liberian Agenda for Prosperity were mostly reversed. The constitutional review process of gender policies in Sierra Leone was also stalled in 2017 as the government focused its attention on humanitarian responses.714

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B. CASE STUDIES Gender-Responsive Budgeting in Uganda: the Certificate for Gender and Equity A gender-responsive budget is a budget that ensures the gender-equitable distribution of resources and contributes to equal opportunities for all. It requires analysis of the impacts of budgets by gender and implies transforming budgets to ensure gender equality.715 Before 2005, Ugandan general budgets were gender-neutral, allocating funds for development programmes in a general way. However, neutral budgets may have unintended consequences, including increasing gender inequality. The Gender Audit and the Mainstreaming Strategy for the Local Government identified in 2002 that budgets were not adequately responding to the needs, constraints and interests of men and women, boys and girls and disadvantaged groups.716 In this context, the Ministry of Finance, Planning, and Economic Development issued Gender and Equity Budgeting Guidelines in the Budget Circular for the 2005/06 financial year.717 However, these were not sustainable and did not address gender and equity concerns, in the absence of a coordinating and independent body.718 In 2007, the Equal Opportunities Commission was established to be responsible for M&E and for ensuring that policies, laws, plans and programmes of organs of state at all levels, public authorities, private enterprises and NGOs complied with equal opportunities for all and adopted affirmative action in favour of marginalised groups. Together with CSOs and notably led by the Forum for Women in Democracy (FOWODE), it was found to be necessary to adopt a policy framework to make GRB mandatory. FOWODE is a women-led organisation created in the 1994/95 constitution-making process in Uganda that provides a platform for Ugandan women’s learning, networking, sharing of experiences and advocating for gender equality and equity in decision-making. FOWODE has positioned itself as a champion for women’s rights protection, participation in political decision-making and engaging in macroeconomic governance issues such as GRB. FOWODE took an active part in the negotiation phase to draft the Public Finance Management Bill by strongly advocating for the inclusion of a Certificate for Gender and Equity to ensure sector compliance with GRB.719 FOWODE adopted an integrated approach of research, enhancing the capacities of technocrats and legislators to understand the importance of mainstreaming gender in plans and budgets.720 The organisation presented a position paper on mainstreaming gender into the bill721 and provided briefings on gender equality issues and impacts of budgets to members of parliament, in addition to its annual analysis of local government budgets.722 A gender-responsive training was also organised to share key skills, enabling parliamentarians to effectively evaluate and analyse budgets in a gender-sensitive manner.723 Further, tactical meetings with the speaker of parliament as well as discussions with the most relevant committees of parliament – the Committees on the Budget, Finance and Natural Resources – were conducted. FOWODE also involved the media extensively.724 These intensive advocacy activities followed partners including the Ministry of Gender Labour & Social Development, the Equal Opportunity Commission, the Uganda Women Parliament Association and especially the GRB Champions in Parliament.725 FOWODE’s intensive work supported by, among others, the Equal Opportunities Commission, the Parliamentary Women’s Caucus and the Ministry of Gender Labour & Social Development contributed to insertion of the requirement for the Certificate of Gender and Equity in the Bill and adoption of the proposal by the Committees on the Budget, Finance and Natural Resources. The 2012 Public Finance Management Bill was finally adopted in December 2014 and enacted in March 2015 as the Public Finance Management Act.726

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Under the Act, a Certificate drafted by the Minister of Finance, in consultation with the Equal Opportunities Commission, must be issued to complement the budget framework paper (Section 9 (6a)) and the annual budget (Section 13 (11g)). Each Certificate must certify that the budget framework paper and the annual budget are gender- and equity-responsive and specify the measures taken to equalise opportunities for women, men, persons with disabilities and other marginalised groups. However, barely six months after adopting the Act, the Cabinet planned amendments, including a proposal to repeal the Certificate for Gender and Equity for ministerial policy statements. Indeed, the Ministry of Finance found the requirement to have a Certificate for each ministerial policy statement to be highly bureaucratic and to delay the submission of the policy statement. Consequently, the Equal Opportunities Commission explained to the Committee on Finance, Planning and Economic Development of Parliament that repealing the certificate would go against the inclusion of marginalised groups and would overlook the principle of equity that constitutes one of the principles of good governance. Hence, the Ministry of Finance should engage the Commission to agree on a timeframe to issue the Certificate to ensure policy statements’ timely delivery.727 Further, FOWODE conducted a one-month campaign, lobbying parliamentarians including the Finance and Budget Committees and GRB Champions in Parliament to reject the proposed amendments. Discussions with sectoral committees were organised, as well as radio and TV interactive talk shows.728 These joint efforts were successful: the Certificate for Gender and Equity was not repealed. For ministries, departments and agencies to meet the minimum requirements of gender and equity budgeting, they must score at least 50% in the Equal Opportunities Commission’s assessment. For Financial Year 2017/18, overall national compliance with gender and equity requirements was 50%. For Financial Years 2019/20–2023/24, the national budget framework paper complied at 61% with the gender and equity requirements. The lack of sanctions contained in the law for non-compliance may lead to a feeling of impunity, which may explain these results.729 Despite ongoing challenges, the Act and the Certificate constitute a major advancement in terms of the inclusion of gender and equity issues in budgeting. In 2019, FOWODE was honoured by the Equal Opportunities Commission and UN Women, receiving an award for outstanding contribution towards GRB in Uganda.730

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Promotion of Women Living with Disabilities’ Right to Work in Madagascar While there is no official figure currently on how many people are living with disabilities in Madagascar,1 it is acknowledged that women living with disabilities face intersecting forms of discrimination based on their disability and on their gender. They are often victims of prejudice, violence and neglect and face multiple obstacles in participating in social life.731 The Association of Handicapped Women of Madagascar (AFHAM), created in 2011 by women living with disabilities, works towards the empowerment of women living with disabilities and the strengthening of their capacities as part of the fight against poverty, through training, research, advocacy and support to members. One AFHAM’s primary focuses is the issue of discrimination that women living with disabilities face in getting a job, such as the belief that they are incompetent and inefficient and that it will be costly for the company to hire them. AFHAM collaborates with the Platform of Federations of People with Disabilities based in Antananarivo to advocate for the reform of Law No. 97-044 of 1998 on people living with disabilities’ rights, so it complies with Article 27 of the Convention on the Rights of Persons with Disabilities. The current law lacks several guarantees, such as the right to exercise labour and trade union rights or the requirement to provide reasonable accommodation to persons with disabilities in the workplace. Meanwhile, the association started a partnership with the African Women Development Fund in 2018 to implement the Economic Empowerment of Women with Disabilities: Promoting their Employment and Decent Work Rights Project. In 2018, the two-year Project conducted a research study on the employment rate of women living with disabilities. This showed that many women lack qualification as girls with disabilities are often not sent to school, the priority being given by parents to boys and children without disability. Additionally, the research pointed out that, even when women living with disabilities do have qualifications, they often do not dare apply for jobs as they have internalised society’s prejudices according to which they are not competent and fear stigma and discrimination. Finally, the research stressed the general exclusion of women with disabilities from society. All these elements lead to their deficient employment integration. AFHAM contacted the Association of Women Entrepreneurs of Madagascar to present the research results and seek collaboration. AFHAM thought that women entrepreneurs might be more sensitive about the challenges faced by women with disabilities and willing to help them. Further, AFHAM explained how hiring women with disabilities fell under the corporate and social responsibility of businesses. Discussions were successful and led to the signature of a partnership agreement on the hiring of women with disabilities. As of today, more than 80 women have found a job in women entrepreneur companies, working as operators, cleaners or receptionists. AFHAM has also conducted meetings with other associations of employers. However, negotiations have so far been inconclusive, as issues of profitability are significant obstacles raised by employers. AFHAM will nevertheless continue its advocacy work. Meanwhile, AFHAM organises radio and television shows to raise awareness among the general public about women with disabilities’ capacities through success storytelling, and about issues and discrimination they face. The Project has found success in legislative advocacy and on-the-ground partnerships that improve the lives of women with disabilities through concrete actions.

The thematic report on persons with disabilities reporting on the results of the 2018 census has not yet been published.

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2. GOVERNANCE, LEGAL PROTECTION AND WOMEN IN DECISION-MAKING During the AWD, women’s representation and participation in governance and decisionmaking advanced in positive ways across Africa.

2.1. Issue Analysis During the AWD, women’s representation and participation in governance and decision-making advanced in positive ways across Africa. In some African countries, women’s political participation has risen, whereas in others progress has declined or remained stagnant. In several countries, women’s representation in national parliaments meets or exceeds the 30% mark, often because many of these countries have adopted a form of quota.732 However, in other countries, the implementation of a form of quota has not increased women’s representation in governance and decision-making. Over the Decade, some countries also saw an increase in the proportion of women in ministerial positions, with female ministers increasingly holding portfolios traditionally given to men, such as defence, finance and foreign affairs. Although more African women participate in governance and hold decision-making positions, progress has often been slow, and implementation of the women’s civil and political rights agenda is unfinished. Institutional, cultural, social and economic barriers and challenges continue to hold African women back from equal and full participation in governance and decision-making. Structural barriers, such as laws, institutions and practices, prevent or limit women from participating at national and local levels. Compared with men, female candidates have less access to financial resources to cover costs associated with seeking elected office. When campaigning, women often experience violence, intimidation and harassment. A 2016 Afro Barometer study revealed that 50% of women candidates surveyed in 34 countries were afraid of political intimidation or violence.733 Persistent cultural and social practices and perceptions of women negatively impact women seeking political and leadership positions. Across Africa, positive attitudes towards women in leadership positions vary, with the highest in Southern Africa, followed by East and West Africa; they are lowest in North Africa.734

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The AWD set up specific objectives concerning governance and legal protection and women in decisionmaking positions.

The right of women to participate equally in governance, political and electoral processes and enjoy legal protection is recognised in the Maputo Protocol. Article 8 guarantees equality before the law and the right to equal protection and benefit of the law. States Parties shall, among others, take all appropriate measure to ensure support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid. They shall also ensure that women are represented equally in the judiciary and law enforcement organs. Article 9 of the Maputo Protocol guarantees the right to participation in the political and decision-making process. It also stipulates that States Parties should take all adequate measures to ensure women’s participation without any discrimination in all elections; women’s equal representation at all levels with men in all electoral processes; and increased and effective representation and participation of women at all levels of decision-making.735 The AWD set up specific objectives concerning governance and legal protection (Goal 7) and women in decision-making positions (Goal 9). The aim of Goal 7 was to support women’s participation in political and electoral processes in countries where elections were held during the Decade. It also aimed to implement gender issues in African Peer Review Mechanisms and national action plans, as well as to achieve universal ratification and domestication of the Maputo Protocol.736 Goal 9 sought to implement the AU parity principle in line with AU gender policy and to ensure that equal opportunities for women in decision-making positions, in the legislature, judiciary and executive were achieved.737 At the continental level, the AU has taken steps to advance women’s political empowerment and reverse gender imbalances. To amplify women’s voices, their representation and participation in leadership and decision-making positions, and to advance women’s political rights and empowerment, the AU together with the UN launched the African Women Leaders Network (AWLN) in 2017. This initiative seeks to enhance the leadership of women in the transformation of Africa with a focus on governance, peace and stability.738 Moreover, in 2018, the AU adopted the Parity Decision. This requires the AU Commission to achieve 50/50 gender representation in its staffing and to have 30% of youth representation by 2025.739 There are currently five female and five male commissioners. Agenda 2063 and the AU Strategy for Gender Equality and Women’s Empowerment, for example, also reflect the commitment to implementing the AU gender parity principle and achieving women’s empowerment in governance and decisionmaking. In 2020, the AU launched the three-year Action Plan on Women in Governance and Political Participation: Enhancing African Women’s Role in Leadership.740 This aims to contribute to the effective implementation of the AU’s mandate in gender equality and women’s empowerment, in particular concerning women in governance and political processes.741

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2.2. Laws, Policies, Strategies/National Action Plans Over the Decade, 23 African countries implemented constitutional reforms that have a bearing on women in governance and decision-making positions. The majority of constitutional reforms contain provisions that prohibit discrimination based on gender and commit the State to eliminate such practices, and include provisions that guarantee the right to vote and stand for election. Moreover, the right to equal participation of women in decision-making and politics is guaranteed in the constitutions of Angola, Mali and Niger. The constitutions of Burundi, Egypt, Rwanda and South Sudan include provisions that explicitly guarantee a certain percentage of seats in elected bodies to women. For example, the 2018 Constitution of Burundi guarantees that a minimum of 30% of the members of the Senate are women (Article 185).742 In the case of Egypt, the Constitution guarantees a quota not only at the national level but also at the local level. Other constitutions, although not guaranteeing a specific percentage or number of seats in elected bodies, stipulate the role of the State in promoting the role and participation of women in political life and decision-making. For example, under the 2016 Constitution of Côte d’Ivoire, the State commits to promoting the political rights of women by increasing their chances of access to representation in elected assemblies (Article 36).743 Half of the countries in Africa passed legislation over the Decade that addresses women’s political participation and representation in governance and decision-making positions, such as by establishing quotas. Legislation on gender quotas may establish that a certain number or percentage of candidates on party lists are female. At other times, such legislation reserves a specific number or percentage of seats in national and/or local elected bodies for women. Burundi, Côte d’Ivoire, Liberia and Republic of Congo, for example, have all adopted legislation stipulating that 30% of the candidates on party lists should be women. In Egypt, under the 2014 Law on Political Rights, half of the seats on each party list must be allocated to women.744 Both Benin and Djibouti have passed legislative reforms that state that 25% of seats in parliament are reserved for female members. In Zimbabwe, members of parliament introduced a bill in 2019 to extend the gender quota for another two parliamentary sessions and to introduce a gender-balanced youth quota. Over the Decade, the vast majority of countries introduced policy reforms dedicated to increasing women’s representation. Most commonly, countries advance goals and strategies for increasing women’s representation and political participation and achieve gender parity in decision-making through their national gender policies and strategies. The National Strategy for Empowering Egyptian Women 2030 includes four areas of focus, one of which is political empowerment. The National Gender and Women Empowerment Policy of Gambia aims to improve women’s participation at all levels in politics and decision-making by providing information and leadership training. While the majority of gender strategies contain goals concerning women’s political empowerment and gender parity, few include specific targets. In Lesotho, however, the National Strategic Development Plan 2012/13–2016/17 aimed for 30% of seats in the national parliament to be held by women by 2015/16.745 Notably, Uganda has adopted a strategy explicitly focused on increasing women’s representation in parliament. The Uganda Women Parliamentary Plan 2016–2021 seeks to achieve 50/50 representation, and advocates a law that would make this goal legally binding. When it comes to institutional reforms, most of the countries have made significant steps through the introduction of groups, focal points and gender departments to secure women’s participation in leadership. Countries such as Malawi, Morocco and Nigeria have introduced initiatives that establish financial resources to facilitate women’s political participation. Both Morocco and Niger have set up funds to provide support for female political candidates and increase women’s representation. In other countries, the institutional mechanism aims to provide training and capacity-building for women in leadership positions. For example, Togo has set up an academy to help train and strengthen the skills of young future female leaders who wish to enter the political arena.

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FIGURE 9.

CONSTITUTIONAL/LEGAL PROVISION ON WOMEN’S PARTICIPATION IN POLITICS

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone Liberia

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Laws on gender equality exist; no constitutional or legal provisions on women’s equal participation in politics or gender quota.

Democratic Republic of the Congo

Burundi Seychelles Tanzania

Gender quota exists; no constitutional or legal provisions on women’s equal participation in politics or laws on gender equality. Comoros Constitutional or legal provisions on women’s equal participation in politics exist; no laws on gender equality or gender quota.

Angola

Malawi Zambia

Laws on gender equality and gender quota exist, no constitutional or legal provisions on women’s equal participation in politics. Constitutional or legal provisions on women’s equal participation in politics, and gender quota exist; no laws on gender equality.

Mozambique

Mauritius Namibia

Botswana

Constitutional or legal provisions on women’s equal participation in politics, and Laws on gender equality exist; no gender quota. Constitutional or legal provisions on women’s equal participation in politics; Laws on gender equality, and a gender quota exist.

Madagascar

Zimbabwe

Eswatini

Lesotho South Africa

No Data

Sources: Inter-Parliamentary Union (IPU) International Institute for Democracy and Electoral Assistance (IDEA), The Constitute Project, International Labour Organization (ILO), National Beijing +25 reports, UN Women, and the Ace Project.

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A. REGIONAL ANALYSIS

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1. CENTRAL AFRICA At a minimum, all countries have the principle of gender equality enshrined in their constitutions.

1.1. Constitutional Provisions Most countries in the Central African region have made notable efforts towards increasing women’s right to political participation and representation in decision-making positions. At a minimum, all countries have the principle of gender equality enshrined in their constitutions. During the AWD, four countries (Burundi, Central African Republic, Congo Republic, Equatorial Guinea) made constitutional reforms enshrining quotas or equitable representation for women. Burundi’s 2018 Constitution has the strongest provisions. This now enshrines a minimum of 30% women in the National Assembly, the Senate, the government and the judiciary.746 Central African Republic’s updated Constitution of 2016 increases the minimum numbers of women to be represented in the Constitutional Court (from three members out of nine to four); it also provides for minimum numbers at the High Council of Communication.747 Three countries (Chad, Congo Republic, Equatorial Guinea) have made reforms to enshrine a “commitment” to women’s political participation. Article 34 of Chad’s 2018 Constitution states, “The State works for the promotion of women’s political rights through a better representation within the elected assemblies and institutions and administrations, both public and private.”748 Congo Republic’s 2015 Constitution requires the law to guarantee parity, with women to be promoted and represented across political, elective and administrative functions.749 Equatorial Guinea (2012) provides that, “Public powers will adopt legal initiatives and mechanisms to favour the adequate representation and participation of the Woman.”750 Similarly, DR Congo’s Constitution guarantees the achievement of parity between men and women in national, provincial and local institutions.751 This constitution predates the AWD but has been retained in subsequent amendments.

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1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms Most countries have enacted legal reforms of varying degrees of strength. These have taken the form of legislated quotas, parity laws and gender considerations. During the AWD, four countries (Burundi, Central African Republic, Congo Republic and Gabon) all had laws that mandated specified quotas – 30% for Burundi, Congo Republic and Gabon and 35% for Central African Republic. Since 2005 and stemming from the 2000 Arusha Agreement, Burundi has actively allocated seats to ensure 30% women sit in the National Assembly.752 Subsequent legal reforms have provided assurances for how the 30% quota in the National Assembly and Senate can be met. These include extending the 30% quota to communal councils (sub-national level), requiring one in three election candidates to be female and authorising the independent electoral commission to amend the unbalance.753 The positive effects of Burundi’s quota system and the progress made is reflected in the percentage of female members. Over the period of the AWD, Burundi was the only country in the region to surpass a 30% quota in both the National Assembly and the Senate.754 Congo Republic carried out legal reforms in 2014 and in 2016. In 2014, candidate lists increased the required representation of women from 15% to 30% for the local, National Assembly and Senate elections. This was further reformed in 2016 to proportional representation in local elections to secure access for more women.755 Meanwhile, the 2016 Parity Law adopted by Central African Republic established a 35% quota in nominative and elective public and private decision-making bodies.756 The country has since given the 35% quota legal effect (in the 2019 Electoral Law), which mandates that a 35% quota for female representation must be respected in election lists submitted for legislative and municipal elections. If this is not achieved then the Constitutional Court must be informed.757 In Gabon, Law 9/2016 of 5 September 2016 established quotas, increasing access for women and young people to political elections. It introduced a 30% quota for women and 20% for youths.758 In contrast to quotas, two countries (Cameroon, DR Congo) have adopted legal provisions that mandate for gender “to be considered.” Cameroon’s Electoral Law of 2012 (Act No. 2012/001) incorporated gender considerations into electoral processes for the first time759 and requires electoral lists to reflect gender balances when nominating candidates at legislative (Parliament, Senate), regional (regional councillors) and local levels (municipal councillors).760 Additionally, there seem to be established voluntary political party quotas.761 Despite the lack of formal quotas, Cameroon has seen the largest increase in women’s representation at the National Assembly level of any country in the region. To supplement Article 14 of the Constitution, DR Congo enacted a Gender Parity Law in 2015 (Law 15/013). This applies the principle of parity to political, administrative and judicial areas.762 It also obligates the state to adopt measures to ensure equal opportunities for men and women to participate in all electoral processes, including election administration and voting.763 Meanwhile, in Chad, the president signed a presidential ordinance in 2018 signalling a 30% quota in all legislative and elected positions.764

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1.2.2. Policy and Institutional Reforms During the Decade, all countries undertook policy and institutional reforms dedicated to increasing women’s representation. For example, all countries have national gender policies that include women’s participation in decision-making as a strategic objective. Cameroon and Congo Republic have created dedicated national action plans. In 2016, with the support of UNDP, Congo Republic established a dedicated national action plan (2017–2021) to promote female political leadership, with a budget of CFAF 660 million (US$1,151,020).765 In addition, Cameroon’s revised 2018 National Action Plan, in partnership with UN Women, includes specific objectives to increase the number of women in elective positions.766 Cameroon has also created a specific training manual for women, which was updated in 2018.767

Figure 10 Central Africa: Percentage of Women MPs (% of members of parliament, 2020)

Countries have undertaken innovative institutional reforms. With a view to quickly identifying talented female candidates, Central African Republic has created a national database of “potential” women leaders.768 Meanwhile, to monitor its own progress, Cameroon uses an annual gender-ranking tool.769 To increase women’s access

Burundi 38.21%

Cameroon 33.89%

Equatorial Guinea 21.00%

to decision-making positions, many countries have implemented capacity-building and training sessions. Cameroon has reported that it has several political coaching centres dedicated to developing skills and delivering political training for women.770 In 2019, Central

Chad 15.43%

Gabon 14.79%

São Tomé and Príncipe 14.55%

African Republic reported that a budget line had been dedicated to the National Assembly for the use of the Forum of Women Parliamentarians of Central African Republic.771 Meanwhile, in 2018, DR Congo established a standing committee on gender, women

DR Congo 12.80%

Congo Republic 11.26%

Central African Republic 8.57%

and family affairs in the National Assembly.772 Under the 2015 Constitution, Congo Republic established the Women’s Advisory Council, which is responsible for monitoring and issuing advice to the government concerning women’s promotion and participation in the

Source: Inter-Parliamentary Union.

country’s development.773

1.3. Challenges and Gaps From the review, it can be seen that Central African countries made progress over the AWD period. However, the review also revealed common challenges as well as remaining gaps. First, while some countries have made progress in terms of increasing the percentage of women in decision-making functions, overall the number of women has remained low. One potential gap maybe the existence (or lack) of a quota system. Primarily, not all countries have legislated quotas. Second, quotas do not exist across all levels of governance. For instance, DR Congo and Equatorial Guinea do not have any formal established quotas.774 While other countries do have quotas in place, they differ in strength and application. Congo Republic, which uses candidate quotas, has identified potential barriers to increasing the number of women, one reason being that the quota system used relates to applications and not to the results of elections.775 This is insufficient to overcome the barriers to women’s participation. While women maybe present within the political party, the lack of sanctions or supportive measures with regard to reaching 30% overall means that women do not rise up in the party to leadership level.776 While women may not be completely absent in political parties, few are given positions of responsibility.777 This remains a challenge to women’s effective participation; it also demonstrates that the quality of positions matters more than the simple number of positions occupied by women. Additionally the presence of conflicting laws means that quotas may not be followed by political parties. While the 2015 Parity Law in DR Congo requires parity – that is, 50:50 representation – the 2017 Electoral Law requires political parties only “to take into account gender.”778 Additionally the non-representation of women does not disqualify electoral lists.779 As such, women’s representation, especially in public and political life, remains low despite the adoption of the Parity Act.780 The lack of sanctions in place for political parties concerning non-compliance also represents a gap.

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Some countries have been slow to enact quotas. The Working Group in Chad noted that the president’s commitment to a 30% quota represented welcome progress, although it hoped election laws would be reflected and adopted without haste.781 Similar to other regions, the existence of a quota has been met with resistance in some countries. In 2019, the CEDAW Committee reported that in DR Congo the provision of quotas had been declared unconstitutional.782 Some quotas do not extend to all levels of governance. For instance, the 2015 Parity Law in DR Congo does not apply to the presidential, legislative, provincial, urban, municipal and local elections.783 Some countries have made more progress with increasing the number of women at legislative level than they have at government or local level. While Burundi is notably successful at the legislative level, at the governmental level the 30% quota has been less consistent. Challenges have been attributed to the lack of clear policies advancing women; fewer women holding positions of responsibility in governing political parties; and informal barriers including family responsibilities and lack of financial autonomy to make political contributions.784 Additionally, women continue to be underrepresented in local governance structures. In the 2015 election at the local community level, women represented 17.10% of the members of colline councils785 and only 6.4% in the role of leaders.786 Rather than legal provisions, community level is regulated by custom, where Burundian men continue to occupy traditional roles related to governance.787 Like in other regions, traditional stereotypes continue to prevent women from meaningfully participating in political life. In Chad, women assume responsibility for household chores and unpaid work. Because of traditional views of women at home, they have limited access to education, which could also explain women’s unequal access to decision-making positions.788 In São Tomé and Príncipe, older women and women living in rural areas experience more discrimination, restricting opportunities in education, politics and business.789 The lack of time owing to family responsibilities, lack of financial autonomy and limited ability to contribute financially to political parties all contribute to women being prevented from taking part in political life. As such, it is to be welcomed that some countries have repealed discriminatory civil codes that restrict women’s autonomy to partake in public and political life. It should be noted that cultural practices, patriarchal attitudes and deep-rooted stereotypes perpetuate a climate of VAW.790 VAW severely undermines women’s ability to partake adequately in public and political life.

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2. EAST AFRICA Most of the nations have a constitutionally required quota in place for female representation in parliament.

2.1. Constitutional Provisions The East African region has made significant progress in the areas of governance and legal protection for women, thanks to an increase in the number of women within governments. Most of the nations have a constitutionally required quota in place for female representation in parliament, except Seychelles.791 For example, Rwanda’s Constitution requires equality, and provides that at least 30% of seats in “decision-making organs” be given to women,792 including in elections of deputies and senators.793 According to South Sudan’s Constitution, at least 25% of seats in the legislature and executive must be allocated to women,794 not only in Parliament but also in terms of ministerial positions.795 Sudan’s Constitution stipulates that 40% of the Transitional Legislative Council should be women.796 Tanzania’s Constitution states that women should make up at least 30% of decision-making organs.797 In Uganda, a third of local council seats are reserved for women.798 However, Somalia’s Constitution does not include a direct quota, instead mentioning the inclusion of women “in an effective way” across decision-making organs of the government.799 Two central documents to Somalia’s transitional Constitution were the Garowe Principles I and the Garowe Principles II, which were to be the foundation of the Constitution. According to these, women were to have 30% of seats in the National Constituent Assembly and in Parliament reserved for them. However, the text of the Constitution includes no specified 30% quota.800 In Ethiopia, Article 35 paragraph 6 of the Constitution stipulates that, “women have the right to full consultation in the formulation of national development policies, the designing and execution of projects, particularly in the case of projects affecting the interests of women.” Moreover, para. 3 states that, “the historical legacy of inequality and discrimination suffered by women in Ethiopia should be taken into account” and, therefore, “women, in order to remedy this legacy, are entitled to affirmative measures. The purpose of such measures shall be to provide special attention to women so as to enable them to compete and participate on the basis of equality with men in political, social and economic life as well as in public and private institutions.”801 The Constitution of Kenya has incorporated an affirmative action principle under Article 27(8) to increase the participation of women in the public sector.802 It also underlines that the representation of any gender should not exceed

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two-thirds of appointed management positions, effectively driving up female representation in decision-making positions.803 The Constitution of Comoros under its Article 34, “recognizes and guarantees the youth and women the right to access political instances of local and national representation.”804 The Constitution of Madagascar stipulates that, “the law favours the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economic and social life.”805

2.2. Trends in Legal, Policy and Institutional Reform 2.2.1. Legal Reforms Throughout the past decade, the number of women in the region represented in national parliaments has increased, demonstrating the impact of including constitutional and legalbased reforms and quotas. A new law was enacted in Djibouti in 2018 stating that at least 25% of the National Assembly must be composed of women. This law also asserts that political parties must ensure at least 25% representation by each sex. This law mirrors another enacted in 2003, requiring 10% representation of women in the national Parliament.806 On a larger scale, the Eritrean Proclamation on the Establishment of Local Government (No. 86/1996) states that 30% of seats in the Regional Assembly should be reserved for women and that they can compete for the remaining 70% of the seats.807 Mauritius, similarly, has amended its Local Government Act 2012 to detail that any electoral group with more than two candidates should ensure that they are not all from the same sex.808 Such legal reforms aimed at driving up women’s representation have been successful in Comoros, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar and Mauritius. After the enactment of the 10% minimum quota for women’s representation, Djibouti elected its first female parliamentarian in 2003.809 In the two decades that followed, the country recorded one of the highest increases in women’s representation in Parliament in the region, at 26.2%.810 Since the 2018 law enacted to increase female representation in the National Assembly and political parties, women have taken 65 seats in the National Assembly, and they accounted for a quarter of candidates in the 2018 election.811 Much like Djibouti, Ethiopia has registered high growth in the representation of women in the lower and single houses of Parliament, at 38.8%.812 Comoros’ national Parliament has seen women’s representation double to 6% from 3% recorded in 2016.813 Women in politics may not be the sole benchmark to use in assessing women’s progress, but it is a foundational change upon which both women and men can further progress in reforms. The percentage of women in national parliaments has steadily increased in Rwanda, Somalia, South Sudan, Sudan and Uganda. Numbers of women in the national Parliament of Seychelles fluctuated throughout the Decade, going from 23.5% of women in 2010 to 43.7% of women in 2015 but then decreasing to 21.2% of women in 2019.814 This could be a result of the country not having a gender-based quota in its Constitution, nor a minimum number of seats to be held by women. Rwanda passed a law in 2013 further prohibiting discrimination on the basis of sex in political parties.815 In 2012, women made up 14% of Parliament, and although they currently hold almost 25% of seats, their representation has yet to reach 30%.816 The lower house of Somalia’s Parliament has approved a bill to include a 30% quota for women but this has yet to be ratified (as of June 2020).817 In Tanzania, women in the national Parliament have kept about the same share, going from 36% in 2011 to 36.8% in 2019.818 Meanwhile the number of women in ministerial positions has fluctuated, rising from 26.9% in 2010 to 36.7% in 2014 and then falling to 20% in 2016.819

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2.2.2. Policy and Institutional Reforms To further promote the inclusion of women, the National Assembly in Tanzania Mainland has created the National Assembly Strategy and Action Plan 2018–2021, which prioritises women in politics.820 As of 2020, women hold 22% of the positions.821 Uganda is further addressing the issue of women in the government through the Uganda Women Parliamentary Association’s Strategic Plan 2016–2021, which aims to increase women’s participation and leadership, as well as to lobby for a law to include 50/50 representation of men and women.822 The Uganda Vision 2040 also envisages equal political participation for women in the nation.823 In the past 25 years, the representation of Kenyan women in the lower and single houses of Parliament has increased by 18.8% and is now at 21.8%.824 Similarly, the representation of women in the Mauritius Parliament increased from 5.7% in 2000 to 18.8% in 2010.825 The share of Parliament seats taken by women in both Kenya and Mauritius is close to the worldwide average of 19.1%.826 In 2010, 11% of candidates standing in the Mauritius general election were female, and a woman was nominated as vice president of the republic.827

Figure 11 East Africa: Percentage of Women MPs (% of members of parliament, 2020)

In an effort to promote representation, the Government of Eritrea has mandated the National Union of Eritrean Women to act as the “women’s machinery.”828 These efforts have ensured the appointment of women to the positions of justice, health and

Rwanda 61.25%

Ethiopia 38.76%

Tanzania 36.72%

tourism ministers, putting the representation of women at 18% in the Cabinet. Women also account for 22.5% of community court judges in the country.829 The share of women appointed to judicial positions in Ethiopia has also increased, with women accounting for 30% of the federal judiciary at all tiers.830 In 2019, Ethiopia recorded

Uganda 34.86%

South Sudan 28.40%

Djibouti 26.15%

an exceptional improvement in terms of bringing women into higher decision-making positions. The prime minister allocated half of the 20 ministerial posts to women, appointed a female president for the country and assigned a prominent female human rights

Somalia 24.36%

Seychelles 24.24%

Eritrea 22.00%

lawyer the role of president of Ethiopia’s Supreme Court.831 These appointments built on progress made when the roles of deputy prime minister in 2014 and deputy speaker of the house in 2010– 2015 went to women.832 In 2017, Kenya also experienced a surge in

Kenya 21.78%

Mauritius 20.00%

Madagascar 17.88%

women’s representation, with women accounting for 27.8% of the Cabinet.833 This was coupled with the election of three women to the Senate for the first time, and increased participation of women in the National Assembly, at 30.9%.834 The inclusion of women in the Djiboutian Parliament is aimed primarily at bringing progress on

Comoros 16.67%

GBV and gender equality. To this end, the speaker of the house has No data available for Sudan, as the parliament was dissolved following the 2019 coup d'etat. Source: Inter-Parliamentary Union.

introduced a women’s parliamentary caucus and a gender caucus, both mandated to advance the adoption of targeted legislation.835

2.3. Challenges and Gaps To expand or add to constitutional reforms, the Sudanese National Election Act of 2008 states that 25% of women members must be elected through proportional representation from closed party lists.836 Meanwhile, in Tanzania, the National Assembly has 102 seats reserved for women out of 350, according to the Elections Regulations of 2010.837 Constitutional and legal reforms, enacted to include women in predominately male-occupied spaces, have been imperative to legal progress across various areas for women. For example, the impact of electing women to positions of decision-making in government is clear in Rwanda: much-needed reforms to inheritance and succession laws in 1999 came about thanks to the efforts of female parliamentarians.838 Meanwhile, in Uganda, the presence of women in the Parliament led to reforms increasing the

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representation of women throughout politics, as well as increased maternal health funding.839 The inclusion of women has aided the introduction and passage of many gender-sensitive and gendered-centred bills and policies.840 However, while the election of women has been meaningful and necessary for the passage of laws essential to gender equality, women have encountered difficulties in taking on non-stereotypical roles. For example, in South Sudan, women have not led the Ministry of Finance or Ministry of Defence, and are rather assigned only to the Ministry of Gender, Child and Social Welfare.841 Although their participation in the latter is essential to the advancement of equality, women should not be restricted in the roles they play, but rather promoted to posts in all spheres of government. Because of party-based voting, women in South Sudan are subject to political party requirements, such as those on literacy and paying election fees. These especially limit women’s participation.842 In 2018, women leaders encouraged the president to ensure 35% of appointments were given to women.843 However, in the committee formed to design the transitional government, only one of the 10 members was a woman.844 Meanwhile, in 2019, Sudan’s generals and leaders created a council that would rule Sudan until the elections; only two of the 11 members were women.845 In Tanzania, women have been given training on campaign skills and campaigning, with support from UN Women.846 The strategy of the Uganda Women Parliamentary Plan 2016–2021 is to prioritise the increased election of women in government, and gender parity. The central goals are to increase the representation of women in all decision-making bodies, aiming for 50/50 representation, and advocating for a law to make this legally binding.847

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3. NORTH AFRICA Over the Decade, all North African governments, except for that of the Sahrawi Republic, adopted legislation that addresses women, governance and decisionmaking.

3.1. Constitutional Provisions All countries in North Africa passed constitutional reforms during the AWD. These addressed women’s participation in political and electoral processes in broader terms, such as recognising the principle of equality and the rights to vote and run for elected office. Five countries (Algeria, Egypt, Libya, Morocco and Tunisia) have adopted specific constitutional reforms that address gender parity in political and electoral processes. In 2011, Morocco reformed Articles 6, 19, 22 30, 115 and 146 of the Constitution.848 The changes on behalf of women included equal status of men and women as citizens; more significant participation of women in the judiciary; promotion of equal access of men and women to elective offices; and recognition that men and women enjoy equal human rights and freedoms in civil, political, economic, social, cultural and environmental spheres.849 The 2014 Constitution of Egypt articulates the right of women to hold public and high management posts in the state, and to appointment in judicial bodies and entities without discrimination.850 Additionally, it allocates a quarter of seats in local councils to Egyptian women. In 2019, an amendment to the Constitution guaranteed 25% of parliamentary seats for women.851 Under other constitutions (Algeria, Morocco and Tunisia), the state commits to work to increase the number of women in elected bodies. The Constitution of Algeria (revised in 2016) stipulates that the, “State shall work towards promoting the political rights of women by increasing their chances of access to representation in elected assemblies.’’852 Article 46 of the 2014 Constitution of Tunisia commits the State to work towards parity between men and women in elected assemblies.853

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3.2. Trends in Legal, Policy and Institutional Reform 3.2.1. Legal Reforms Over the Decade, all North African governments, except for that of the Sahrawi Republic, adopted legislation that addresses women, governance and decision-making, either broadly or specifically. All North African countries, except for Sahrawi Republic (no data found), have established quotas through legislation. In 2012, the Government of Morocco adopted three laws that guarantee women a specific number of seats in Parliament and councils. Organisational Law No. 27.11 of 2012 reserves 60 seats in the Lower House of Parliament for women,854 and Organisational Law No. 34.15 reserves a third of seats on councils for women.855 Currently, women hold 81 out of 395 seats in the lower house.856 Finally, Organisational Law No. 02.12 ensures parity between women and men for appointments in high-level positions.857 Following the uprising in Libya, several laws were adopted during the transitional period that established the participation of women in the process. For example, the 2012 Law for the Election of the General National Congress states that lists must be arranged on the basis of alternation among male and female candidates, and lists that do not respect such principle are rejected.858 In 2013, Law No. 17 gave a 10% quota for women in the Constituent Body to draft the Constitution. 859 Law No. 10 of 2014 stipulated a 16% quota for women in the national Parliament.860 Similarly, Decree No. 35 of 2011 introduced legislated candidate quotas in Tunisia, requiring parties to alternate between female and male candidates on their lists.861 In 2014, Law No. 2014-16 on elections stipulated that women and men have the same rights to be elected in the legislative and executive functions in Tunisia.862 In some countries, legislation establishing quotas for party lists include economic incentives to encourage political parties to elect more female candidates. Law No. 2012- 029 stipulates that 20 seats be reserved for women running in the single nationwide list in Mauritania. Political parties that elect more women than required by the quota can receive a financial benefit.863 Similarly, the Algerian Law for Representation of Women, Article 7, stipulates that political parties can be awarded state funding according to the number of their female candidates elected at national and sub-national levels.864

3.2.2. Policy and Institutional Reforms Three countries (Egypt, Libya and Mauritania) have adopted strategies on women’s political participation, gender equality and women’s rights by adopting legislation and implementing policies and strategies. Libya adopted the Strategy on Supporting and Empowering Women in 2019.865 The same year, Mauritania introduced the National Strategy for the Promotion of Women.866 All countries, except for Sahrawi Republic (no data found), have undertaken institutional reforms such as establishing offices specifically dedicated to gender and gender equality. Decree No.

Figure 12 North Africa: Percentage of Women MPs (% of members of parliament, 2020)

2.13.495 of 2013 of Morocco created a ministerial committee in charge of tracking implementation of the government plan on gender equality.867 The Government of Libya established public offices to

Algeria 25.80%

Tunisia 24.90%

Morocco 20.50%

Mauritania 20.30%

Libya 16.00%

Egypt 15.10%

support and empower women in the government and ministries.868 Tunisia held national training programmes to empower women during 2010 and 2012.869 In 2015, the Government of Algeria together with UN Women launched a programme to provide capacity-building and technical assistance to elected women at national and local levels to enhance their influence in the decision-making process.870 The programme also focuses on the elimination of GBV and promotes gender equality values through media outreach to raise awareness among younger audiences and change negative gender stereotypes.871

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3.3. Challenges and Gaps From the trends observed, North African countries have taken steps to improve women’s participation and representation in governance and decision-making. However, challenges, gaps and contestations remain. At the beginning of the Decade, political uprisings and protests took place in many North African countries. In the wake of the Arab Spring, there was much hope that the post-conflict environment would bring positive change for women. While women were active participants in the protests, however, the advancement of women’s political rights has been uneven across the North African region. The voices of women are not always heard. For example, in Libya, women remain under-represented in official institutions872 and their right to participate in public life and the judiciary is questioned. In some countries, conflicting views expand and restrict women’s right to equal participation and representation. Following the Arab Spring, women have a greater voice and more participation in political life. At the same time, more conservative groups, which oppose women’s participation, seek to reduce their representation.873 During the drafting of the 2014 Constitution of Egypt, women made up only 10% of the 50 members of the team.874 North African countries have passed legislative reforms that aim to increase women’s participation and representation but institutional barriers remain. While women have had the right to vote and run for office since the mid-1950s or early 1960s in the region, politics is still seen as primarily a male domain. Despite legislation requiring party lists to include female candidates, parties often favour male candidates, placing them in top positions. Political parties frequently devote little time to finding female candidates or promoting the female candidates listed. As a result, women face a greater struggle to get elected, and their representation in many national parliaments is low. Moreover, women who enter politics are often seen as token representatives and as fulfilling a legal obligation. In some instances, male politicians actively prevent women from running for political office. Women frequently have less influence. Often, they are assigned topics seen as “feminine,” such as education and social issues, while being excluded from security and economic issues. In 2012, a fatwa was issued banning women from running for presidential elections in Mauritania; women were allowed to enter the race but “just for fun.”875 This statement in many ways illustrates the institutional barriers women face. Despite legislation, policy and institutional reform, persistent social and cultural views and traditions present a third challenge and contestation for women. Although women represent a majority of students at universities, and female participation in the workforce has increased, deeply rooted beliefs in traditional gender roles prevent women from participating in decision-making and governance. In many countries, patriarchal views and traditions are strong despite changes in laws and policies. These perceptions and beliefs pose a significant challenge for women, in particular in rural and remote areas. This owes partly to social and cultural beliefs, as well as religious ones. Women who engage in governance and decision-making are still expected to fulfil traditional duties such as care for the children and family and to maintain the household. Political gatherings frequently occur in the evening, preventing many women from participating, and the women who do attend often face societal disapproval, discrimination and stigmatisation. Access to financial resources and support is a significant barrier to women’s representation and participation in governance and decision-making across the North African region. Women candidates struggle to raise the necessary funds to run successful campaigns and often receive less financial support from their party than do male candidates. In some countries, strict laws on donations hurt candidates, in particular women. High rates of poverty and low economic participation prevent many women in rural and remote areas from seeking a political office as they lack the financial resources. Engaging in politics can also have an adverse economic impact on female politicians. Women often face discriminatory laws such as those that permit women to earn less than men in the same post.876 Finally, during and since the Arab Spring, the political environment has seen high levels of insecurity. For women seeking public office or wishing to participate in governance and decision-making, the unsafe environment poses serious risks. Women often encounter discrimination, threats, GBV and sexual harassment. Implementation and enforcement of existing laws are often weak, thus there is a failure to protect women. The uncertain and unsafe environment has resulted, in some instances, in a reduced space in which women can participate.877

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4. SOUTHERN AFRICA 4.1. Constitutional Provisions

While countries have constitutions, which recognise the principle of gender equality, sometimes societal limitations grounded in culture and tradition limit women’s ability to fully participate in the political process.

In the span of the AWD, Zambia and Zimbabwe both introduced constitutional reforms that promote women’s participation in political, economic and legal decision-making. In addition to the provision affirming women’s right to equal participation, Zambia’s Constitution (Amendment) Act No. 2 of 2016 specifically provides for gender equity in the National Assembly.878 The national constitutions of all countries in the region (Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) have provisions protecting against discrimination on the grounds of sex or gender.879 Zimbabwe’s 2013 Constitution states that the government must promote women’s equal representation at all levels of government.880 To achieve this, Sections 120 and 124 stipulate that, for the first two parliaments following the adoption of the Constitution, a gender quota for the Senate and the National Assembly will be in place, and party lists for candidates must alternate male and female candidates, with the list headed by a female candidate.881 Furthermore, Zimbabwe’s parliamentarians introduced a bill in 2019 to extend the gender quota for another two parliamentary sessions, and introduced a gender-balanced youth quota as well.882 This bill has not been passed as of July 2020.883 Eswatini’s Constitution of 2005, Section 86(1), requires that female members of parliament constitute at least 30% of the total membership of Parliament and provides for alternative measures by the House where this does not occur. Eswatini passed the Election of Women Members Act 2018, espousing a quota of 30% to be reserved for female members of parliament, but the quotas have not been met in the 2018 elections nor any subsequent election. Women’s representation in Eswatini’s parliament stood at 9.6% in 2020.884 While countries have constitutions, which recognise the principle of gender equality, sometimes societal limitations grounded in culture and tradition limit women’s ability to fully participate in the political process.885 Angola adopted a new Constitution in 2010 with provisions on gender equality. However, concerns have been voiced that the Constitution’s definition of discrimination against women is incongruent with CEDAW, and that its emphasis on the status of customary law risks excluding women’s rights to inheritance and property.886 Similarly, in Lesotho, the Constitution allows for discrimination on the basis of customary law,887 which hinders women from fully participating in traditional politics, as only sons can be heir to the throne or chieftainship.888 The constitutionality of the Chieftainship Act was upheld in 2013 by the High Court of Lesotho.889

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4.2. Trends in Legal, Policy and Institutional Reform 4.2.1. Legal Reforms Legislated quotas are more evident at a parliamentary level, although some countries have this at other governance levels. Two countries (Eswatini and Zimbabwe) have legislated quotas for the lower and upper house. Three countries (Namibia, South Africa and Zimbabwe) have legislated sub-national quotas. Angola is the only country to have legislated candidate quotas. Five countries (Botswana, Malawi, Mozambique, Namibia and South Africa) have voluntary quotas adopted by parties prior to 2010: the Botswana Congress Party and Botswana National Front both have quotas of 30%;890 in Malawi, the United Democratic Front and the Malawi Congress Party have quotas of 25% and 33%, respectively;891 in Mozambique, the Frente de Libertação de Moçambique (FRELIMO) adopted a 40% quota in 1994;892 in Namibia, the South West Africa People’s Organisation of Namibia (SWAPO) introduced a 50% quota on its electoral lists in 1997, the Congress of Democrats (COD) in 1999 and the National Unity Democratic Organisation (NUDO) in 2003;893 South Africa’s African National Congress has had a 50% quota for national elections since 2009.894 The parties have not always met those targets, however,895 indicating a lack of enforcement.896 Zambia has no quotas of any kind,897 although its parties tend to nominate the same number of female candidates in each election, suggesting collusion between party leaders.898 At the national level, there are no legislative quotas in Lesotho but the National Assembly Election (Amendment) Act of 2011 provides that parties must include “zebra” party lists alternating between women and men candidates.899 The National Strategic Development Plan 2012/13–2016/17 set a target of 30% of seats for women in the national Parliament by 2015/16.900 Lesotho almost reached 30% in 2013–2016 for the National Assembly, and 2013–2015 for the Senate, but this has since gone down to only about a fifth in both chambers (23% and 22%, respectively). The cases of Angola and Zimbabwe, as compared with Zambia, illustrate the importance of specificity and the powerful impact quotas can have on outcomes for women in Parliament. Zimbabwe’s quota system yielded immediate results following the 2013 elections: women’s parliamentary representation increased from 13.3% in 2011 to 31.5% in 2013.901 This level of representation persisted through to 2020, when women’s representation stood at 31.8%.902 Angola has also adopted a quota of 30% gender representation in all political bodies through the Political Parties Act 2010.903 In the election in 2012, five out of nine political parties fulfilled this quota; the ruling party had over 46% women candidates on their candidate list, and no party had below 20% of women candidates.904 In the elections of 2017, Angola had a parliament of 30% women members.905 Meanwhile, in Zambia, in the absence of quotas, there was a modest increase in women’s representation, from 12.6% in 2014 to 17.9% in 2016; representation stands at 16.7% as of July 2020.906 Other attempts in the region to introduce gender quotas have been contested. In 2019, a Namibian female member of parliament attempted to amend the Electoral Act of 2014 and the Legal Authorities Act of 1992 in compliance with Maputo Protocol Article 9 (which Namibia ratified in 2003), to include a 50/50 gender policy for all political parties, but the motion was ill-received by the opposition and was not passed.907 Despite this, Namibia is approaching gender parity in political representation, with women parliamentarians comprising 43.2%.908 This figure owes in part to SWAPO’s voluntary “zebra system.”909 Despite this self-imposed system, SWAPO did not alternate its presidential candidate in the 2019 elections, but rather had the incumbent male candidate run for re-election.910 In some countries, discriminatory legislation still exists or has been abolished only recently. For instance, at the beginning of the decade, women in Lesotho and Malawi could not transmit nationality to their spouses, unlike their countrymen,911 and women in Eswatini continue to be unable to do so.912 Lesotho’s 2018 Dual Citizenship Act makes it easier for men married to a Lesotho woman to become naturalised.913 Similarly, in 2019, Malawi amended its Citizenship Act to allow dual citizenship.914 Eswatini women married to non-Eswatini men or to Eswatini men who live outside the country continue to be disadvantaged in terms of birth registration for their children. The Child Protection and Welfare Act 2012 specifies that the father must register the birth if both parents are Eswatini citizens. This negatively impacts women’s ability to obtain travel documents for their children born of foreign men or Eswatini men working or living abroad, thus restricting women’s freedom of movement and equal treatment before the law.915

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4.2.2. Policy and Institutional Reforms Increasingly, countries in this region have adopted special or affirmative action measures on women’s inclusion in decision-making in the legislature. By 2020, four SADC countries had exceeded the threshold of 40% women in Parliament: South Africa (46.6%), Namibia (43.3%), Mozambique (42%) and Zimbabwe in its upper house (43.8%).916 Mozambique’s representation rose from 39% in 2010 to 42% in 2019 while Angola’s fell from 39% in 2010 to 30% in 2019.917 Eswatini has had the lowest percentage of female members of parliament in the region, although the percentage rose from 6.1% in 2015 to 9.6% in 2020.918 As of 2019, seven countries had female speakers (Botswana, Eswatini, Lesotho, Mozambique, Namibia, South Africa and Zimbabwe).919 South Africa has had a long-standing voluntary gender quota within the ruling party: the African National Congress (ANC) party has had a gender quota of 50% women for national elections since 2009.920 Women’s representation has been increasing steadily, going from 43.5% in 2011 to 46.6% in 2020.921 Furthermore, by 2018, all speakers in the national and provincial legislatures were women.922 Following the 2019 elections, 50/50 representation of women in South Africa’s Cabinet was reached, marking a first in Southern Africa.923 Many countries have instituted gender focal points in ministries

924

in order to mainstream gender objectives and priorities, but their

Figure 13 Southern Africa: Percentage of Women MPs (% of members of parliament, 2020)

effectiveness is sometimes impaired. In Malawi, the junior nature of the officers excludes them from influencing decision-making and policy changes at higher levels.925 In Mozambique, gender units are often, with a few exceptions, placed within human resources

South Africa 46.75%

Namibia 43.27%

Mozambique 42.40%

Zimbabwe 31.85%

Angola 30.00%

Lesotho 23.33%

Malawi 22.92%

Zambia 16.77%

Botswana 10.77%

divisions, thereby promoting gender as part of the institution internally but not in external activities.926 Further, the staff of gender focal points often change, which means the skills built in personnel are lost. Only South Africa has achieved 50% gender parity in the Cabinet to date.927 In 2015, South Africa had the highest share of females in the Cabinet, at 40.5%, followed by Zambia at 25.9%, with Botswana at 16.7% and Malawi and Zimbabwe at 15% at the lower ends.928 In 2019, South Africa was still leading, with 50% women ministers. Other countries that met the SADC minimum threshold of 30% women in the Cabinet in 2019 included Namibia (38%), Angola

Eswatini 9.59%

(34.4%) and Zambia (30%), while at the lower end are Botswana (15.8%) and Lesotho (14.8%).

Source: Inter-Parliamentary Union.

4.3. Challenges and Gaps Aside from cultural impediments, educational and monetary barriers exist that hinder gender parity in politics in the region. A core cause of the under-representation of women is the “institutionalised patriarchy.”929 In order to mitigate the gender disparities resulting from funding, the Malawi Electoral Commission stipulated in 2014 that, while the fees for presidential candidates would stay the same for both women and men candidates, women would pay a lower sum in order to run as a parliamentary candidate and in local government elections.930 Women also paid 25% lower fees to register as parliamentary candidates in the 2019 elections.931 In Malawi, the Political Party’s Rules and Regulations of 2018 eliminate hand-outs during campaigns, which previously constituted an obstacle for women.932 Although gender quotas can be powerful tools for gender equality, they have not been universally successful. Eswatini’s gender quotas, for instance, have failed to be realised in practice. Eswatini passed the Election of Women Act in 2018, which requires the House of Assembly to elect four women if the constitutional quota of 30% representation is not met.933 Despite this, following

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the 2018 elections, Eswatini still fell short of the quota, as the representation of women in Parliament even after the king appointed additional women was 7.25%.934 In the 2019 elections, women candidates comprised only 15.18% of all candidates and only two women were elected (representing 3.4% of available seats).935 Gender quotas in and of themselves are insufficient to guarantee greater representation of women in parliaments, which requires a solid democratic foundation and reversals of stereotypical socio-cultural restrictions on women’s participation in public life.936 The election of more women does not instantly put women and men on an equal footing in politics, and women may have limited leadership positions or clout in Parliament. For instance, the Malawian Parliamentary Women Caucus had to lobby the National Assembly in 2017 in order to have more women included in key constitutional committees.937 In Mozambique, the first female president of the assembly was succeeded by another woman, which signals that a female leader is not seen as an outlier anymore. Women in the judiciary are still largely in a minority, especially at the higher levels. By 2015, the only countries to have had a female chief justice were Lesotho, Malawi and Zambia.938 Regarding women judges at the higher levels of the judiciary (supreme court/court of appeal/high court), by 2015 five countries had over 30% female representation (Angola, Mozambique, South Africa, Zambia and Zimbabwe), with Zambia having 49% and Zimbabwe 48%.939 Short-term improvements were noted for instance in Eswatini, where female judges comprised 23% of all judges in 2018,940 up from 20% in 2015,941 although the figure fell back to 20% in 2020. Botswana has more female than male magistrates (56% in 2012 and 62% in 2017) and has increased the women’s share in higher courts from 6% in 2012 to 24% in 2017. 942 A total of 65% of judges in the highest courts of Lesotho were women in 2012; for Zambia the figure was 54%.943 In terms of women in decision-making in traditional or customary entities, cultural institutions that are formed on patriarchal foundations have not readily embraced the significant involvement of women as leaders. In Malawi, only 16 women (6%) were recognised as traditional leaders out of a total of 265 in 2011.944

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5. WEST AFRICA Several countries guarantee equal participation of women in decisionmaking and politics.

5.1. Constitutional Provisions The principle of equality for men and women is recognised under the constitution in all countries in the region. In 2010, Niger added provisions in its Constitution to reinforce this. Several countries (Mali, Niger, Nigeria, Sierra Leone and Togo) guarantee equal participation of women in decision-making and politics. For example, the Nigerien Constitution, “assures to them [women] an equitable representation within the public institutions through the national policy [concerning] gender and the respect for the quotas.”945 In 2018, Nigerian Acting President Muhammadu Buhari signed into law the Not Too Young to Run Bill, amending the 1999 Constitution; this lowered the minimum age requirements for competing for and holding key elected offices at both federal and state levels from 40 to 35 years.946 This also aims to enable the emergence of more young women in public office.947 Benin, Côte d’Ivoire and Guinea have enshrined in their Constitution the promotion of women in governance and decision-making. In Guinea, Article 9 of the 2020 Constitution asserts that parity is a political and social goal and that members of the government and assemblies cannot have more than two-thirds of their members from the same gender.948

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5.2. Trends in Legal, Policy and Institutional Reform 5.2.1. Legal Reforms Other countries, such as Liberia, Nigeria and Senegal, have specific legislation to ensure the equal representation of women in the political sphere. In 2016, Liberia passed the Equal Representation and Participation Act, establishing seven “Special Constituencies,” among which five seats are reserved for women, one for youth and one for the disabled.949 Most notably, Senegal’s Law No. 2010-11 of 28 May 2010 instituted full gender parity in all fully or partially elected bodies. The electoral law mandates parity for all candidate lists for regional, municipal and rural elections with the provisions that these lists must be composed of alternating candidates of both sexes.950 Benin, Burkina Faso, Cabo Verde, Côte d’Ivoire and Guinea have adopted legislation establishing quotas of women in elections. Regionally, these vary from 20% to 50% and, while some apply only to national parliamentary elections, others also apply to local elections. In Benin, Law No. 2019-43 reserves 24 seats out of 109 at the National Assembly for women – that is, one seat per constituency.951 In Burkina Faso’s 2020 Law on Quotas in Legislative and Municipal Elections compels political parties to ensure at least 30% of candidates on their lists are women. The law also specifies that lists of candidates must be alternately composed of both sexes (the list of titular members and the list of substitutes).952 Côte d’Ivoire’s Law on Promoting Women in Elected Assemblies also compels political parties to ensure at least 30% of candidates on their lists are women. The law also incentivises complete parity by granting an additional allowance to every party that attains at least 50% of women candidates (Articles 3 and 4).953 These provisions apply to the elections of deputies, senators and regional, district and municipal advisers. In Cabo Verde, the 2019 Parity Law imposes the representation of at least 40% of each of the sexes on the lists of candidates for the collegial bodies of the political power – namely, the National Assembly, the Municipal Council, the Municipal Assembly and other supra- or infra-municipal bodies. According to the Constitution, the government leadership

Figure 14 West Africa: Percentage of Women MPs (% of members of parliament, 2020)

must endeavour to apply the principle of parity. Furthermore, boards of directors and other appointed positions at the level of the public administration and in public companies, state-owned companies and public institutes must have equal representation of men and women. The law also contains a provision on awareness-raising, training and

Senegal 43.03%

Mali 27.89%

Cabo Verde 25.00%

education of activists, supporters, members and society in general by political parties and in women’s associations of political parties (Articles 4, 7 and 8).954 In Guinea, the 2019 Law on Parity stipulates the need for parity in any list of candidates for national and local elections, as

Togo 18.68%

Niger 16.96%

Guinea 16.60%

well as for the holding of elective offices in public institutions. The law specifies that lists of candidates must be alternately composed of both sexes. Previously, Guinea had a 30% quota reserved for women at the national level.955

Guinea-Bissau 13.70%

Burkina Faso 13.39%

Ghana 13.09%

5.2.2. Policy and Institutional Reforms Mali, Niger and Senegal ensure the equal representation of women and men in decision-making positions through the existence of quotas.

Liberia 12.33%

Sierra Leone 12.33%

Côte d'Ivoire 11.37%

Since 2015, Law No. 2015-052 has instituted compulsory quotas of at least 30% for party election lists, and 30% of high-level government appointees must be women.956 Moreover, in 2014, the 2000 Nigerian Quota Act was amended to raise the quota to 15%.957 These laws have

Gambia 8.62%

Benin 7.25%

Nigeria 7.22%

had positive effects on female representation and women’s access to decision-making positions. For example, following the promulgation of Mali’s Law on Quotas in 2015, the number of female parliamentary representatives went up, from 9% in 2009 to 25% in 2016.958 Some

Source: Inter-Parliamentary Union.

countries have launched initiatives to increase the representation of

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women in politics. The Government of Liberia’s 2014 Amended Election Law, for example, mandates all political parties to ensure no less than 30% of its members from each sex.959 Countries within the region, apart from Mali, have also implemented reforms to increase female representation in various institutions, all the while increasing budgets for gender, notably through national gender policies. A few countries also support women financially and through capacity-building to advance their political participation. For example, in Nigeria, the Women’s Trust Fund was set up in 2011 to provide support to female politicians in their election campaigns.960 Togo has set up an academy to help train and strengthen the skills of young future female leaders who wish to enter the political arena.961 Since 2010, women have occupied more positions of power throughout the region. In 2019 in Togo, for the first time in the country’s history, a female politician was elected president of the National Assembly.962 Moreover, thanks to Senegal’s 2010 Parity Law, the country ranked 14th in the world for women’s representation in Parliament as of January 2020.963 Liberia and Sierra Leone also stand out in this respect. Liberia elected Ellen Johnson-Sirleaf as president – the first female head of State in the country and on the continent. Moreover, since then, Liberian women have held key positions in the Ministries of Finance, Foreign Affairs and Trade, which traditionally have been occupied by men.964 In Sierra Leone, women have been appointed as judges in the Supreme Court, High Court and Court of Appeals.965

5.3. Challenges and Gaps Gambia does not have a law establishing quotas, despite the 2010 Women’s Act asserting that the government shall ensure the full and equal participation of women.966 However, the draft Constitution of 2019 asserts that the State shall ensure a gender balance and fair representation of women on bodies established under or pursuant to the Constitution and any act of the National Assembly and on all other public bodies, including statutory bodies and state-owned enterprises. The draft Constitution also requires that the electoral system comply with the principle of fair representation of all genders in elective public bodies; that every political party shall promote gender equity in selecting candidates for elections; and that no more than two-thirds of the members of representative bodies in each local government authority shall be of the same gender. In addition, appointments to independent institutions and offices and the chairperson, and vice-chairperson where applicable, of an independent institution or office shall not be of the same gender.967 All countries have adopted a national gender plan or policy, notably to improve women’s representation in decisionmaking and to integrate a gender dimension in all strategies. In Gambia, gender and governance is one of the eight priority areas of the National Gender and Women Empowerment Policy, which aims at increasing and improving women’s participation in politics and decision-making positions at all levels, notably by providing information and leadership training.968 Furthermore, the Women’s Act establishes the National Women’s, which, among its functions, develops methods for integrating and implementing gender in all areas of government activity, and reviews proposals from ministries to ensure that gender perspectives are considered to achieve equal representation of men and women in all programmes of public institutions.969 In Benin, to implement the National Policy for the Promotion of Gender, gender focal points have been established in ministries and have been trained on gender budgeting.970 In Ghana, the National Gender Policy aims to promote social accountability networks at all tiers of government, particularly at the level of metropolitan municipal and district assemblies and across all citizen representation structures, where duty-bearers will be made to demonstrate their responsiveness to women’s inclusion and participation.971 In Cabo Verde, the InterMinisterial Commission for Gender Mainstreaming monitors the effective implementation of gender in public policies. It creates an institutional culture that is favourable to the use of a gendered approach in planning and the implementation of sectoral policies.972 In Burkina Faso, the Gender National Policy aims to strengthen women’s participation in decisionmaking and to hold organised regional workshops for women candidates on advocacy, leadership and campaigning.973 In Guinea, a Gender and Equity Department has been established in most ministries, responsible for monitoring the integration of gender in programmes and projects.974

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There has been considerable investment in the promotion of female representation in the political sphere throughout the region. However, some laws remain poorly implemented and enforced, as a result of socioeconomic factors. The economic recession, the Ebola and COVID-19 outbreaks and political instability have affected allocations to gender from national budgets. Meanwhile, despite quotas, women may still not be elected and appointed to decision-making positions, where they remain a minority. For example, while the participation of women in Liberian politics has increased, traditional attitudes about gender roles persist, limiting women’s involvement in public office, particularly national assemblies and parliaments. The share of women parliamentarians in Liberia is still significantly small, at 12.3% in the lower or single house and 3.3% in the upper house as of January 2020.975 Moreover, despite efforts to train and build the capacity of women to assume decision-making positions and present themselves in elections, many women are still not aware of their right to participate or feel they lack the necessary skills to perform well in politics. This explains why political participation of women in some countries, such as Niger, remains limited.976 This is also observed in Nigeria, particularly in the north of the country, owing to cultural and religious barriers as well as other challenges, such as finance issues, corruption and political violence.977 During the 2015 presidential and senatorial elections, Nigeria made provisions to ensure women’s safety and participation. A toll-free hotline run by gender-sensitive operators was established to respond to any calls related to women’s constrained voting rights, with over 300 female monitors trained and deployed to various areas in the country.978 Regarding legislation on quotas in elections in Benin, the law reserves only 22% of seats at the National Assembly for women. It does not provide a quota for other collegial bodies of the political power, such as the municipal council or the village council. In Burkina Faso, one female deputy voted against the law on quotas, criticising the lack of binding sanctions.979 To date, Guinea-Bissau does not have reserved parliamentary seats for certain groups, an electoral quota for youth or an electoral quota for women.980 Furthermore, almost all parity laws do not require complete parity, and, except for in Cabo Verde, legislation does not encompass public companies and state-owned companies. While Côte d’Ivoire’s Constitution announces that the state encourages the promotion of women to positions of responsibility in public institutions and administrations as well as at the enterprise level, the legislation on quotas does not include specific provisions on such matters. In terms of monitoring the implementation of national gender plans and policies, the establishment of monitoring bodies is a positive step; however, these lack sanctioning power. In Gambia, the Women’s Act entitles the National Women’s Council to monitor compliance with the Act but it does not contain a provision on sanctions in case of noncompliance. In Cabo Verde, the Gender Commission is an advisory and monitoring body deprived of sanctioning power, and its recommendations to the government are not binding.981 In Ghana, weak inter-institutional and multi-sectoral coordination of the national gender response and efforts, poor synergies in national strategies addressing gender equality, women and girls’ empowerment issues and non-alignment of sectoral policies, plans and programmes with the National Gender Policy limit the effective advancement of women.982 Generally speaking, cultural and traditional factors prevent women from fully participating in political life. For instance, in Ghana, the government-recognised National and Regional Houses of Chiefs have inducted no women as members. However, some regional chieftaincy bodies have recognised affiliated Queen Mothers and Female Chiefs.983

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B. CASE STUDIES

Senegal’s Campaign for Parity and Successful Adoption of the Law on Parity 2010 During the AWD, Senegal achieved remarkable progress concerning women’s right to political participation. The successful adoption of the Law on Parity in 2010 represented a significant breakthrough for women’s political participation. Under the new Law, absolute parity between men and women applies to all elective and partial elective bodies. All political parties must compose candidate lists that alternate male and female candidates, with odd numbers favouring parity and those failing to comply being rendered inadmissible.984 Before adopting the Law, Senegalese women had been neglected and under-represented in decision-making bodies.985 The cross-political party Senegalese Council of Women (COSEF) has been committed to increasing women’s political representation in Senegal since its creation in 1995. COSEF envisions the inclusion of women at all levels of the decision-making process and without discrimination.986 In 2005, COSEF launched its Campaign for Parity, a systematic and targeted effort in partnership with civic organisations and women’s political movements. COSEF and its partners began by familiarising the Senegalese population with the concept of parity. They targeted parliamentarians, religious leaders, political parties, the media, women’s associations and CSOs. COSEF and its partners mobilised widely and used multiple strategies and actions as part of the five-year campaign. For example, COSEF launched a national petition that engaged a large number of people from different sectors of society demanding parity as a criterion for election lists’ admissibility. It also organised training on parity, good governance and gender budgeting and sessions on leadership skills, advocacy and communication techniques for female candidates. COSEF printed leaflets, aired radio and television broadcasts on parity and organised sit-ins and neighbourhood talks to mobilise social support. It held forums at the national, regional and municipal levels and advocacy meetings with influential people including parliamentarians, leaders of political parties and religious and opinion leaders. COSEF continued to lobby decision-makers at the highest level, including the National Assembly, the government and the presidency. In 2007, COSEF and its partners submitted a Draft Law on Parity to the minister of women before carrying out a March for Parity on the streets to physically deliver the Draft Law to the president of the republic. Importantly, the president encouraged leaders of political parties to move towards parity. The campaign was not without challenges. In 2007, opposition parties sought to have the Draft Law on Parity declared unconstitutional because it violated the Preamble and Article 1 of the Constitution, which provides for equality before the law of all citizens without distinction regarding origin, race, sex and religion. The Constitutional Court subsequently upheld the verdict. The matter was resolved when other groups successfully fought to amend the Constitution in 2008.987 COSEF and the Parity Monitoring Committee renewed their campaign with increased vigour, seeking legal and political expertise for a subsequent Draft Law988 as well as holding workshops and forums and sending a letter of encouragement to the head of state for his actions in favour of absolute parity. Finally, in 2010 the Law on Parity was successfully adopted, and in 2011 the subsequent implementation decree. The 2012 legislative elections were the first time the Law on Parity was applied.989 COSEF organised training for 300 female candidates.990 The election results represented a significant achievement as women’s representation more

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than doubled in the National Assembly, having risen from 18% in 2011 to 42% in 2012.991 Since 2012, the proportion of women in the National Assembly has remained above 40%.992 Senegal stands out as a successful example not only on the continent but globally. As of 1 October 2020, Senegal ranks fourth in Africa for the highest number of women in national parliaments, and 15th globally.993 Important lessons from COSEF and its Campaign for Parity include the effectiveness of partnerships and alliances, the establishment of the Parity Monitoring Committee, the strategic targeting of certain groups and dialogue with opposition parties and religious and customary leaders. Creating a synergy between women and civil movements and partnering with legal and political experts were vital. Activities led to the adoption of the 2010 Law on Parity and the 2011 decree and training of women candidates for elections.994 The Parity Monitoring Committee remains a crucial part of COSEF’s activities today. It now has over 50 member organisations, which continue to oversee the 2010 Law on Parity’s implementation and to monitor female representation quality – not merely the number of positions occupied by women. Another essential lesson of the campaign was ensuring that women themselves, in particular young women, were aware of the Law and the legislative process. Holding workshops and direct tutoring of young women and girls remain part of COSEF’s work today. This approach highlights the importance of empowering women and girls so they can claim their right to political participation.

The Women’s Situation Room Violence against women (VAW) is a barrier to women’s full and effective political participation,995 including as voters, candidates, election officials, activists and political party leaders.996 A 2016 global study by IPU found that violence against female elected officials occurred on at least some level in every country. In addition, 65.5% of the study’s respondents reported having suffered humiliating sexual or sexist remarks, and 44.4% reported receiving threats of death, rape, beating or abduction.997 Violence and the threat of violence can hinder women’s ability to safely and securely fulfil their political responsibilities, and dissuade women from engaging in politics.998 Additionally, in many African countries, the violence triggered by an election cycle not only undermines women’s security but also affects their long-term development, peace and stability.999 Several African nations have experienced election-related violence, with women and girls disproportionately affected.1000 One example is Burundi’s political crisis: there has been an increase in the incidence of sexual violence, with women and girls making up the majority of the victims.1001 These actions have been declared a tactic of intimidation, carried out to change votes and punish women’s real or perceived political affiliation.1002 Technology also serves as a tool of violence and intimidation against women to undermine their political participation.1003 Today, though, there is international recognition that women’s meaningful inclusion in political processes is central to stability and security.1004 The Maputo Protocol reinforces this importance.1005 To combat election-related violence and enhance women’s political participation rights on the continent, the Women’s Situation Room (WSR), an African women-led grassroots initiative achieved success throughout the AWD. A WSR mobilises and supports women and youth to ensure their active participation in peaceful and democratic electoral processes in Africa.1006 Dr Yvette Chesson-Wureh, Coordinator of the Liberian based Angie Brooks International Centre for Women’s Empowerment, Leadership Development, International Peace and Security, introduced the concept of the WSR in 2011.1007 The 2011 presidential and legislative elections in Liberia was the first time the WSR had been employed.1008 Generally, the WSR consists of a secretariat, election observers, a call centre and a team of established crosscountry women leaders and experts, including partnerships with relevant stakeholders such as the police and electoral monitoring bodies.1009 The WSR is a process rather than a one-off event. Training, advocacy and

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mediation start before the elections and continue after their conclusion. Activities include training women and youth to be election observers with skills and knowledge on electoral processes and constitutional law. Close to Election Day, organisers set up a physical space where, “women are involved in the real-time intervention and mediation, political and legal analysis, observation of the polling process and recording and documentation.”1010 Incidence of VAW, voting complaints, electoral offences and obstruction of observers are reported back to the WSR by women on the ground and through dedicated hotlines, with experts verifying them in real-time.1011 This information is given to women leaders and experts so they can work with politicians and notify the appropriate authorities.1012 Since the concept was created in 2011, several African countries have established their version of a WSR.1013 The WSR model is adaptable, with technical support from the Angie Brooks International Centre. Several West and East African countries have successfully replicated the WSR model. These include Senegal (2012), Sierra Leone (2012, 2018), Kenya (2013), Nigeria (2015), Uganda (2016) and Ghana (2016), and again in Liberia (2014, 2017).1014 Country adaption has included the creation of safe spaces in Senegal, which allowed for the inclusion of women and youth in consultation processes.1015 In Uganda, the WSR deployed more than 500 trained women to “hotspots” across 15 districts.1016 In Nigeria, the WSR incorporated police and the Independent Electoral Commission.1017 In Kenya, women leaders took on essential roles as mediators to ensure accountability from political leaders that election disputes would not end in calls for violence.1018 The WSR is a positive innovation that has been instrumental in removing barriers and improving women’s participation in Africa. It provides an excellent opportunity for women to learn and engage with one another across borders. The WSR model gives women and youth a voice in political processes by actively allowing them to participate in their home country’s election process. The notable success of the WSR with regard to preventing and mitigating election-based violence in Liberia led to the AU declaring the WSR as a form of best practice to be replicated across all African countries holding elections.1019 Despite the success of the WSR, many are unaware of its existence and its role in elections. And yet lessons learnt from country-specific experiences may increase its impact. One example relates to the importance of effective planning. In some cases, the WSR has reportedly been established only a few days before the election, making it difficult to ensure the proper training of election observers and support to analysts, community sensitisation to the work of the WSR and the establishment of relationships with stakeholder.1020 Moreover, additional training in collaboration with the police in conflict analysis, incident reporting and the importance of gender-disaggregated data would ensure accurate recording, strengthening the post-election response.1021 Meanwhile, as with many grassroots initiatives, lack of funding represents a threat to the sustainability of the WSR.1022

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3. SEXUAL AND REPRODUCTIVE HEALTH RIGHTS, MATERNAL MORTALITY AND HIV/AIDS The Maputo Protocol enshrines women’s sexual and reproductive health (SRH) as a human right.

3.1. Issue Analysis The past 10 years have seen modest gains with regard to women’s health on the African continent, with overall life expectancy among women increasing from 62.8 years in 2010 to 67.8 years in 2019. However, many facets of women’s health remain insufficiently addressed. Cardiovascular diseases, for example, are now the leading cause of death among women in Africa. The continent still has the highest rates of maternal mortality in the world and African women account for more than 75% of new female HIV/AIDS cases worldwide.1023 The Maputo Protocol enshrines women’s sexual and reproductive health (SRH) as a human right.1024 Article 14 guarantees “the right to health of women, including sexual and reproductive health” and, along with its corresponding General Comment No. 2, calls on States to recognise women’s rights to control their fertility; decide whether to have children, the number of children and the spacing of children; choose any method of contraception; self-protection and to be protected against sexually transmitted infections, including HIV/ AIDS; be informed on their health status and the health status of their partner, particularly if affected with sexually transmitted infections, including HIV/AIDS, in accordance with internationally recognised standards and best practices; and have family planning education. Furthermore, under Article 14(2) of the Maputo Protocol, States Parties are committed to take appropriate measures to, among others, provide adequate, affordable and accessible health services to women, especially those in rural areas. They shall also 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.

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Taking stock of the slow progress on improvements to women’s health across Africa requires an examination of multiple factors.

Goal 3 of the 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.1025 At the continental level, the AU and its Member States have developed frameworks addressing maternal health, SRH and HIV/ AIDS challenges across the continent. In response to the rising levels of maternal deaths, the AU launched the Campaign on Accelerated Reduction of Maternal, Newborn and Child Mortality in Africa (CARMMA).1026 Over the Decade, 51 countries (except for Egypt, Libya, Morocco and South Sudan) launched CARMMA nationally.1027 In 2014, as part of the CARMMA celebrations, the AU launched African Health Stats (AHS), a data visualisation tool to track and present data on key health concerns across the continent.1028 AHS is available online and aims to provide reliable data on the progress made by Heads of State and Governments in the implementation of the Continental Framework on SRHR. It uses 33 indicators for reproductive, maternal, newborn, child and adolescent health (RMNCAH), malaria, HIV/AIDS, tuberculosis and health financing.1029 In 2015, the AUC adopted the Revised Maputo Plan of Action for the operationalisation of the Continental Policy Framework on SRHR 2016–2030, which sets out a progressive framework for the achievement of universal access to SRHR services on the African continent.1030 The Revised Plan follows the Maputo Plan of Action 2006–2010, which committed States Parties to guarantee universal access to comprehensive SRH services in Africa by 2015. 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.”1031 Furthermore, it is progressive as it includes cost estimations in order to realise its objectives across 10 priority areas. These include investing in SRHR needs of adolescents, youth and other vulnerable and marginalised populations; instituting health legislation and policies for improved access to RMNCAH services; and increasing health financing and investments. Taking stock of the slow progress on improvements to women’s health across Africa requires an examination of multiple factors: health financing, human resources for health, M&E, health research and health policies, as well as how health systems and women’s health are conceptualised, to name a few.

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3.1.1. Health Financing In 2017, 46 countries reported spending at least 15% of government expenditure on health, as set out by the Abuja Declaration. However, in more than half of these countries (n=25), the proportion of government expenditure on health stagnated or actually decreased between 2010 and 2017.1032 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. The outcome of the meeting was a commitment of up to US$200 million from public and private sectors, as well as donor governments, to end epidemics and achieve universal health coverage.1033 There is no doubt that the COVID-19 pandemic will affect these pledges; however, it is precisely at this critical point that relentless commitment is required to ensure the current and future health and well-being of populations across the continent, particularly that of women and girls.

3.1.2. Health Workforce Addressing health challenges requires a health workforce that is sufficiently resourced, staffed, trained and respected. Across Africa, there is an estimated shortfall of more than 1.5 million health workers, including nurses, midwives and doctors.1034 In the WHO Africa Region, this needs-based shortage of health care workers is actually forecast to worsen between 2013 and 2030.1035 To address this, in 2012 ministers of health in the WHO African region endorsed a Regional Road Map for Scaling Up the Health Workforce from 2012 to 2025. Although there has been some progress reported, with the number of countries with human resources for health strategic plans increasing from 20 to 34 between 2010 and 2015, further work is needed.1036 It is also important to note that women constitute the largest group within the health workforce; however, systemic gender inequalities exist.1037 For example, women are less likely to hold senior positions, more likely to be underpaid compared with their male counterparts and less likely to be in full-time employment.1038 Furthermore, women are frequently the primary carers of those who are unwell within families and communities, bearing the additional burden of unpaid care work.1039 These inequalities not only affect the delivery of services but ultimately also have impacts on the lives and health of women within the health workforce.

3.1.3. Health Information Systems and Health Data There are major issues related to health data and health information systems in most countries across the continent, which poses a serious barrier to effective monitoring and evaluation of health programmes and policies.1040 For example, in 2015, just under 4% of African countries had fully functional systems for generating reliable cause-specific mortality data on a routine basis.1041 Without accurate and timely data, not just on health indicators but also in relation to determinants of health, health infrastructure and the health workforce, improving health systems across the continent will remain difficult. Furthermore, tackling gender inequalities within the health system will require more than robust health information systems and data sources. It will require data disaggregated by sex and other variables such as age, socioeconomic status and geographical location, to make it possible to examine the intersectional nature of inequalities. A report published in 2019 mapped gender data availability across 15 countries in sub-Saharan Africa.1042 This found that, of 105 gender-based indicators across a variety of domains, only 32% were produced with complete disaggregation at the national level.1043 The health domain, however, had the most sex-disaggregated indicators available compared with other domains, such as economic opportunities and political participation.

3.1.4. Research Research capacity is critical to building a local evidence base to develop contextualised solutions to health care problems. Over the course of the AWD, research outputs from across the continent increased, with the majority of Africa’s scientific production coming from Algeria, Egypt, Kenya, Morocco, Nigeria, South Africa and Tunisia.1044 Despite improvements, though, it is still recognised that research capacity across Africa needs to be strengthened. Considering a gender lens, fewer women participate in academic research than men, and there are clear disparities in levels of responsibility.1045 Although steps are being taken to address these inequalities, many obstacles remain.

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3.2. Laws, Policies, Strategies/National Action Plans Over the Decade, several countries adopted constitutional reform that addresses health. The constitutions of Comoros, Rwanda, DR Congo and Côte d’Ivoire guarantee the right to health. In contrast, the constitutions of Algeria and Somalia provide a right to health care. The constitutions of Burundi, Kenya and Sudan include provisions relevant to SRH, maternal health and HIV/AIDS. Under Article 49.5 of the 2019 Constitution of Sudan, the State commits to providing free healthcare for motherhood, childhood and pregnant women.1046 Regarding SRH, the 2010 Constitution of Kenya prohibits abortion, unless “in the opinion of a trained health professional, there is need for emergency treatment or the life or health of the mother is in danger, or if permitted by any other written law” (Article 26).1047 Many countries passed legislative reform that addresses SRHR, maternal health and HIV/AIDS during the AWD. Some sought to increase access to sexual and maternal health care for all persons, including marginalised groups, by implementing universal medical coverage. For instance, in 2016, the Rwandese government passed Law No. 21/2016, which reaffirms that all persons have equal, non-derogable rights to access reproductive health care services. In 2019, the Malian president declared that primary care for pregnant women (including childbirth) and family planning would be free.1048 In Togo, the 2011 Law on Health Care guarantees the widening of free health care to freelance workers and those in the informal sector, which is made up mostly of women.1049 In Gambia, the Women’s Act 2010 guarantees women’s rights to the enjoyment of SRHR, including medical abortion where the continued pregnancy endangers the lives of either the mother or the foetus. Where local medical facilities are not available, an appropriate referral is required. Furthermore, if women cannot afford the medical expenses involved, the government must bear the cost of the medical services (Section 30).1050 In Rwanda, political will regarding abortions is shifting, with President Paul Kagame agreeing to release 50 Rwandese women imprisoned for having abortions.1051 Rwanda’s abortion law has also been amended to provide exemptions to imprisonment for abortion in cases of “rape, forced marriage, incest, or instances where pregnancy poses a health risk.”1052 However, in Côte d’Ivoire, Article 426 of the Penal Code (2019) sentences every woman who procures or tries to procure an abortion to prison (from six months up to two years) and a fine ranging from FCFA 50,000 to FCFA 500,000 (approximately US$90–904 as of 4 July 2021).1053 The only exceptions are when abortion is needed to save a woman’s life, or in instances of rape (Article 427). The majority of African countries have implemented policies that aim to improve access to SRH, maternal health and HIV/AIDS services and care. Several countries have made commitments to ensure resources and education to improve access to family planning for all. In its National Plan for Family Planning 2014–2018, Mali committed to addressing the unmet need for family planning and to achieving a contraceptive prevalence of 15% by 2018.1054 Niger’s Action Plan on Family Planning 2012–2020 aimed to increase the percentage of women using all methods of contraceptive to 50% by 2020.1055 In Sierra Leone, the government launched the Free Health Care Initiative in 2010, which provides universal access for the most vulnerable groups and targets pregnant women and lactating mothers. As a result of this policy, the country’s 2013 Demographic Health Survey reported an increase in the use of family planning among married women, from 7% to 16%.1056 In Benin, the National Strategy for the Safety of Reproductive Health Products 2011–2016 provides strategies to strengthen and sustain the supply of reproductive health products.1057 In Ghana, the National Reproductive Health Commodity Security Strategy 2011–2016 aims at ensuring that everyone can choose, obtain and use the quality of contraceptives and condoms (s)he needs for family planning and the prevention of sexually transmitted infections.1058 Other countries have adopted good practices in enhancing the availability and quality of sex education. The Roadmap on Sexual Education in Guinea aims to integrate the topic better within the curriculum to strengthen the capacity of agencies promoting sexual education and the development of services targeting adolescents, and to improve knowledge among communities.1059 Similar measures have been adopted in Cabo Verde, where special facilities have been established in selected health centres to ensure easy access, privacy and confidentiality of SRH services for adolescents.1060

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States have also adopted policies to ensure better family planning services across their respective territories; as a result, in many countries contraceptive prevalence has increased. Examples include Benin and Ghana, described above. Tanzania has shown commitment to family planning by adopting a variety of national policies, including the Health Sector Strategic Plan IV 2015–2020 and the Five-Year Costed Implementation Plan for Family Planning 2018–2022, all of which focus on promoting family planning and access to reproductive services.1061 The majority of African countries have also adopted national HIV/AIDS strategies that include goals addressing the needs of women and girls. Some countries, such as Botswana, have adopted national strategies on women and HIV/AIDS. Many strategies 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 2020.1062 In an innovative move, the South Sudanese government, in partnership with UNAIDS, set up campaigns such as Right to Health to increase access to HIV/AIDS testing, treatment, counselling and information services for armed forces in the country. These services are tailored to the armed forces specifically because HIV infections occur more often within this group than among civilians in the country.1063 During the Decade, some countries also implemented institutional reform to reduce inequalities in access to health care and to increase awareness. In 2011, for instance, Gabon expanded its only social health insurance, National Health Insurance and Social Welfare (CNAMGS), to cover individuals in the public sector. In a progressive move, CNAMGS now covers all maternal health costs, providing comprehensive maternal health care, for various demographics, including the poor, and those in both the private and the public sectors. As access to health care, including maternal care, becomes more accessible, States must continue to maintain the corresponding costs of service provision. To increase awareness, in Burkina Faso, the departments of the ministry in charge of women’s affairs conducted sensitisation sessions on SRH, and in six regions have implemented trial modules on SRH in the school curriculum.1064

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FIGURE 15.

CONSTITUTIONAL PROVISIONS OF HEALTH, PMTC PROGRAMS AND LEGAL ABORTION

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Liberia

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Countries with a HIV Prevention of Mother to Child Transmission (PMTCT) programme, but no constitutional provision on health, and no legal abortion on request Countries with a constitutional provision on health, but no PMTCT programme or legal abortion on request

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Eswatini Countries with a constitutional provision on health and a PMTCT programme, but no legal abortion on request Countries with a constitutional a provision on health, a PMTCT programme, and legal abortion on request

Lesotho South Africa

No Data

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Sources: The Constitute Project, Center for Reproductive Rights, and USAIDS.

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A. REGIONAL ANALYSIS

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1. CENTRAL AFRICA Throughout the Decade, countries in the Central African region implemented various legal reforms concerning SRH, maternal health and HIV/AIDS.

1.1. Constitutional Provisions All countries in the Central African region except Cameroon and Chad have specific constitutional provisions on health. All provisions predate the AWD, and have been retained in subsequent amendments. Four countries (Burundi, Central African Republic, DR Congo, São Tomé and Príncipe) express the right to health care. Three countries (Congo Republic, Gabon, Equatorial Guinea) outline the obligation of the state to provide it. While none of the constitutions specifically mentions reproductive health, some countries (Congo Republic, Central African Republic, DR Congo, Gabon) refer to the rights or the protection of the mother and child, the health of the family (Central African Republic) or protecting the health of youth (DR Congo). All countries have constitutional provisions concerning the principle of non-discrimination. However, Burundi specifically refers to the principle of non-discrimination based on health, including HIV/ AIDS (Article 22). Gabon’s Constitution specifically mentions access to health for children, mothers, aged workers and the elderly (Article 1(8)).1065

1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms Throughout the Decade, countries in the Central African region implemented various legal reforms concerning SRH, maternal health and HIV/AIDS. Two countries (Chad, DR Congo) have passed important legal reforms to give legal effect to women’s reproductive health rights. In 2018, DR Congo published the text of the Maputo Protocol in the country’s national legal journal (Journal Officiel).1066 This step formalised the conditions laid out in the Maputo Protocol, strengthening a wide range of women’s rights. In particular, Article 14 of the Protocol, which enshrines commitments to health and reproductive rights, has been welcome progress. One notable reform has been on access to safe abortion. Previously, DR Congo criminalised abortion without exceptions;1067 since the publishing of the Maputo Protocol, abortion is now permitted in cases of rape and incest and to safeguard the mental and physical health of the mother.1068 In 2018, Chad approved the decree of application giving

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legal effect to its 2002 Reproductive Health Law.1069 The 2002 Law contains important provisions on reproductive health. It ensures equality and prohibits non-discrimination, including based on sex in matters of health and reproduction (Article 3). It establishes the right to decide reproductive health matters, such as the number and spacing of births (Article 4) and provides access to information and education about birth control (Article 6) and the requirement to receive the “best possible health care” and protection from practices that are harmful to reproductive health (Article 7).1070 As part of increasing women’s right to health, some countries have sought to increase access and establish equality surrounding family planning. Burundi’s 2016 GBV Law includes provisions guaranteeing couples equal rights in matters of reproductive health and family planning (Article 7).1071 In DR Congo, family planning was declared as a national priority by the president in 2018. In 2019, a new public health bill was adopted. This increased access to family planning services for women, adolescents and young people. It also allows a woman to seek family planning methods without spousal content.1072 Some countries in the region have sought to increase women’s access to sexual and maternal health by implementing universal medical coverage and addressing health care service costs. In 2011, Gabon expanded its one social health insurance, the Caisse Nationale d’Assurance Maladie et de Garantie Sociale (CNAMGS), to cover individuals in the public sector. CNAMGS covers all maternal health costs, providing comprehensive maternal health care. The insurance covers individuals of various demographics, including the poor, and those in both the private and public sectors.1073 In 2016, Equatorial Guinea issued Decree 41/2016 establishing free maternal, child and neonatal health care, including caesarean delivery, as well as care for women in difficult health situations. It also includes free early diagnosis, prevention and treatment of cervical and uterine cancer and free medical consultations in regional, provincial hospitals and health centres.1074 In order to improve women’s health, Central African Republic implemented a 2019 decree to provide free targeted health education including to pregnant and breastfeeding women.1075Across the Central African region, free access to safe abortion is restricted and all countries contain provisions in their penal codes criminalising abortion. However, most contain at least some exceptions in line with Article 14 of the Maputo Protocol. During the Decade, five countries (Cameroon, Central African Republic, Chad, DR Congo, Gabon) revised legislation to allow access to safe abortion. In 2017, Chad revised its Penal Code (Act 2017-01). Under Article 358, therapeutic abortion is allowed in cases of sexual assault, rape and incest and when the pregnancy endangers the physical or mental health or the life of the mother or the foetus.1076 This reform has expanded women’s access to abortion: previously, the 2002 Reproductive Health Law allowed abortion only in limited circumstances, including to save the life of the mother or foetus.1077 Central African Republic’s revised Penal Code in 2010 strengthened its 2006 Reproductive Health Law. The Penal Code allows abortion in cases of foetal impairment, where there is a threat to the life of the mother, and in cases of rape and incest.1078 Notably, Gabon updated its Penal Code in 2019. Where abortion was previously criminalised, this reform now legalises safe abortion in cases of foetal abnormalities, danger to the mother’s life or cases of rape and incest or when the minor is found in serious distress.1079 All countries, except Cameroon, Gabon and São Tomé and Príncipe, have individual legislation in place concerning the rights and protection of those living with HIV/AIDS.1080 All of this predates the AWD except in the case of Congo Republic, which adopted an HIV law in 2011.1081 These laws generally govern testing, protection from discrimination including in employment, the right to privacy and the criminalisation of transmission of HIV.

1.2.2. Policy and Institutional Reforms During the Decade, all countries in the Central African region adopted programmes and policies addressing SRH, maternal health and HIV/AIDS. All countries in the region, apart from São Tomé and Príncipe, have launched the AU’s CARMMA.1082 All countries in the region have also implemented specific policies or programmes that address aspects of SRHR and/or commit to reducing the level of maternal mortality. Gabon’s National Strategic Plan for Combatting Obstetric Fistula 2013–2017 addresses the need for prevention measures, including training staff to diagnose and treat this preventable condition.1083 By the end of 2023, Burundi, through its Strategic Plan on Reproductive, Maternal,

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Neonatal, Child and Adolescent Health 2019–2023 aims to reduce maternal mortality by 22% when compared with 2016/17.1084 Similarly, Chad’s National Health Policy 2016–2030 includes specific objectives related to improving SRH rights, including reducing the maternal mortality rate by 2030 and providing universal access to SRH services, such as family planning, health information and education.1085 Some countries have adopted policies to address the low use of contraceptives. In Chad, the development of a strategy in 2018 to improve the sexual health of adolescents and young people entailed encouraging and supporting access to contraception and family planning.1086 Similarly, São Tomé and Príncipe, with UNFPA support, adopted the 2018–2021 Action Plan for Accelerated Family Planning, to make family planning services and free contraception more readily available at health centres.1087 In light of the paramount importance of access to quality and timely reproductive care, countries have also undertaken training of health professionals. Equatorial Guinea, as part of reducing maternal mortality, has conducted awareness campaigns on hospital delivery and pre- and post-natal care.1088 Additionally, Chad, through its participation in the Sahel Women’s Empowerment and Demographic Dividend Project, in 2017–2018 implemented training sessions for 360 health workers as well as training and advocacy sessions for the promotion of reproductive health rights.1089 During the AWD, all countries in the region implemented prevention of mother-to-child transmission (PMTCT) policies. Cameroon’s policy response has included a National Strategic Plan for the Fight Against HIV/AIDS and Sexually Transmitted Infections 2014–2017.1090 Priority 1 is to reduce mother-to-child transmission. One strategy includes strengthening HIV testing of partners of pregnant women.1091 Similarly, Congo Republic’s 2014 Plan to Combat HIV/AIDS and Sexually Transmitted Diseases contains a specific programme on mother-to-child transmission.1092 In 2014, it was reported that Equatorial Guinea had increased its efforts, specifically regarding mother-to-child transmission.1093 In 2010, 16% of pregnant women living with HIV were accessing antiretroviral medicine; this figure was 50% in 2018.1094 Some countries are also part of global HIV/AIDS initiatives. Various countries have signalled, in the context of the Beijing +25 review process, that they are updating certain policies related to this rights area. Cameroon and DR Congo are participating in the HIV Prevention 2020 Road Map.1095 Cameroon, Central African Republic, Congo Republic, DR Congo and Gabon are also part of the UNAIDS Fast-

Figure 16 Central Africa: Contraceptive prevalence, any methods (% of women ages 15-49)

Track Cities initiative with the goal of ending the HIV/AIDS epidemic by 2030.1096

São Tomé and Príncipe 40.6% Cameroon 34.4%

To increase awareness and reduce stigma, all countries have taken part in campaigning activities regarding HIV/AIDS. This includes raising awareness of HIV legislation to combat discrimination.1097 Cameroon organised its first national forum in 2016 to increase knowledge of HIV and treatment. Since 2015, it has also been participating in an initiative to end AIDS among adolescents.1098 Congo Republic has also conducted training sessions for health care professionals on the care of women living with HIV/AIDS.1099 In 2017, Gabon conducted HIV awareness sessions to build knowledge among high school students.1100

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Gabon 31.1% Congo Republic 30.1% Burundi 28.5% DR Congo 20.4% Central African Republic 15.2% Equatorial Guinea 12.6% Chad 5.7% Source: The World Bank, World Development Indicators.

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1.3. Challenges and Gaps Throughout the Decade, countries faced challenges in fulfilling women’s right to health and reproductive health. Even though countries have introduced laws and policies, the slow progress in publishing laws in legal gazettes or implementing decrees has created gaps within legal frameworks, leaving women unprotected. In Chad, for example, discussion on the decree of application for the country’s 2002 Reproductive Health Law delayed adoption until 2018.1101 Prior to this, the legality surrounding abortion was unclear, resulting in clandestine abortions, which contributed to Chad’s high maternal mortality rate.1102 A lack of awareness of the law among medical and judicial professionals as well as women themselves also prevent women from accessing legal protection. Access to free safe abortion remains a gap with regard to strengthening and protecting women’s health and reproductive rights. Across the Central African region, access to abortion varies. Despite ratification of the Maputo Protocol, Congo Republic continues to criminalise abortion outright.1103 Rather than seeing this as a health matter, countries tend to regulate abortion through their penal codes, criminalising the act with exceptions. Chad’s 2017 reform of its Penal Code allows abortion in line with the Maputo Protocol. However, it is noted that gaps remain. Under Article 358, authorisation of abortion “must be issued by the Public Prosecutor’s Office after certification by a doctor on the facts.”1104 Rural women in Chad lack access to medical and judicial authorities. In an emergency, this poses a serious threat to a woman’s life.1105 In Equatorial Guinea, abortion is permitted in cases of rape and threat to the mother’s life but is subject to spousal consent.1106 Such requirements could pose an unnecessary barrier to women seeking safe abortion. Sometimes, health professions remain unaware of the law concerning abortion. In DR Congo, the shift from outright criminalisation to being legally permitted represents a challenge in spreading awareness to legal and medical authorities. A lack of understanding or resistance to change can still result in ad hoc application of the law, affecting women’s rights.1107 Not all countries offer access to abortion in line with all of the conditions laid out in the Maputo Protocol. Burundi, for instance, allows abortion only in limited circumstances and does not allow abortion in cases of rape.1108 In 2016, the CEDAW Committee noted that in Burundi “45 per cent of incarcerated women are serving sentences up to 20 years of imprisonment on conviction for abortion and infanticide.”1109 Although many countries have introduced policies and programmes concerning health education, there continues to be limited availability of comprehensive education on SRHR and family planning services. In Gabon1110 and Equatorial Guinea,1111 concerns have been raised concerning the lack of services and appropriate sexual education as well as the low use of modern contraceptives and high rates of teenage pregnancy. In Burundi, the lack of education concerning modern contraceptive methods is a challenge.1112 In Chad, lack of knowledge about reproductive health is accompanied by women’s lack of agency concerning decisions over her own health; frequent and early pregnancies; a higher HIV prevalence rate for women; and the continuation of customary practices that are harmful to reproductive health such as genital mutilation.1113 Traditional attitudes surrounding woman’s reproductive choices, including the informal need for the husband’s or family consent, also represent a challenge to fulfilling women’s health rights.1114 Additionally, the availability of accessible, quality and affordable health care also present a barrier to women receiving reproductive care. In Burundi, the most frequent problems cited include lack of funds for treatment (64%) and distance to the health facility (34%).1115 In Congo Republic, disparities reportedly still exist between the level of health care provided in rural and urban areas.1116 While maternal care is free in Chad, it has been reported that women often incur associated hospital costs for beds and medicine.1117 Delivery by a skilled birth attendant can significantly lower maternal mortality rates but not all women have access to this care.1118 In Cameroon, the proportion of assisted births varies, with 40% in the northern regions of the country compared with 97% in the west.1119 These gaps in health care severely undermine women’s health and reproductive rights. Meanwhile, countries in the Central African region experienced sustained conflict during the Decade, which had severe impacts on the provision of even basic social services, with women’s reproductive care suffering. This has also contributed to higher maternal mortality rates. With the aim of reviving its health care system post-conflict, Central African Republic launched its Health Sector Transition Plan in 2015.1120

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2. EAST AFRICA The Constitutional Court of Uganda declared in August 2020 that the country had to prioritise and provide basic maternal health care services.

2.1. Constitutional Provisions Countries such as Rwanda, Seychelles, Somalia, South Sudan, Sudan and Uganda have constitutional provisions with regard to health.1121 The Constitutional Court of Uganda declared in August 2020 that the country had to prioritise and provide basic maternal health care services.1122 In Eritrea, Article 22 of the Constitution stipulates in para. 2 that, “men and women of full legal age shall have the right, upon their consent, to marry and to found a family freely, without any discrimination and they shall have equal rights and duties as to all family affairs.”1123 Ethiopia’s Constitution Article 35 para. 4 explicitly bans, “customs and practices that oppress or cause bodily or mental harm to women.”1124 Moreover, women have the right to maternity leave with full pay (para. 5) and to access family planning education, information and capacity (para. 9).1125

2.2. Trends in Legal, Policy and Institutional Reform 2.2.1. Legal Reforms Rwanda’s Law No. 21/2016 of 20/05/2016 states that all people have equal rights with regard to reproductive health, and will not be denied those rights.1126 Tanzania continues to show its commitment to family planning through a variety of national policies, including the Health Sector Strategic Plan IV 2015–2020, the Five-Year Costed Implementation Plan for Family Planning 2018–2022 and Vision 2025, all focused on family planning, spacing out births and reproductive services.1127 Meanwhile, Seychelles’ Reproductive Health Policy of 2012 states that the reproductive rights of everyone will be upheld.1128 South Sudan has developed the National Health Policy 2016–2026, which includes the right to health care for women.1129 The Government of Mauritius has amended its Criminal Code to allow for the termination of a pregnancy if and when the mother’s life is at risk, the pregnancy is the result of rape or the mother is underage.1130 Improvements are also being recorded in the use of contraception to prevent unwanted pregnancy and sexually transmitted diseases in the country, with 39% of women between the ages of 15 and 49 using a modern form of contraception. The government’s effort to ensure the SRHR of women also encompasses fighting stigma and discrimination against people living with HIV,

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through the HIV and AIDS Act 2006, which was coupled with a legal framework that safeguards the provision of voluntary and confidential testing and counselling.1131 There is a need for the replication of these efforts in other countries of the region that register a limited understanding of sexually transmitted diseases and use of contraception. Faced with similar facts, Ethiopia has ensured diagnosis and treatment of sexually transmitted infections, family planning services and prevention of mother-to-child transmission (PMTCT) services in all health facilities in the country. These services are youthfriendly and aimed at increasing SRH awareness among young people.1132 Parallel efforts to manage sexually transmitted diseases are being undertaken in Comoros and Madagascar. Madagascar’s government is working to provide free access to contraceptives and family planning information at public clinics.1133

2.2.2. Policy and Institutional Reforms Contraceptive prevalence has increased in Rwanda, Sudan, Tanzania and Uganda. In Uganda, the high level of contraceptive use may be related to the government favouring and promoting it and abortion still being illegal in the country.1134 Rwanda has taken giant leaps to advance gender equality. From the beginning of the Decade until 2015, the percentage of women using contraception increased.1135 Women making their own decisions about sexual health and contraceptive use in the country had jumped to nearly 70% in 2015.1136 Maternal mortality has mostly decreased throughout the region, especially in Rwanda, Seychelles, Somalia, Sudan, Tanzania and Uganda. According to a national estimate, the maternal mortality ratio in Rwanda decreased by almost half in the first half of the decade.1137 A key factor has been more medical professionals present to aid in births.1138 In Somalia, despite improvements throughout the Decade, maternal mortality remains quite high.1139 The high mortality rate in Somalia and also South Sudan owes to armed conflict as well as limited resources. While there has been a gradual decrease in the ratio of maternal deaths in Tanzania, between 2006 and 2015 maternal deaths in public hospitals represented 5% of hospital mortalities.1140 In Uganda, rates have also decreased, despite the country having a high teenage pregnancy rate.1141 A development to further reduce the number of maternal deaths took place in 2020, through providing patients with devices that monitor their vital signs, so as to inform doctors of any potential health issues and ensuring proper health care at the right time.1142

Figure 17 East Africa: Contraceptive prevalence, any methods (% of women ages 15-49)

Comoros and Ethiopia have designed strategies specifically aimed at reducing maternal mortality and improving maternal health. The Comoros government has funded a programme to increase access to high-quality emergency obstetric and new-born care services and family planning centres in the country.1143 Similarly, the Ethiopian

Mauritius 63.8% Kenya 60.5% Rwanda 53.2% Madagascar 47.9% Uganda 41.8%

Ministry of Health has designed specific frameworks, including revising the national health policy (the Health Sector Transformation Plan) in 2016 and introducing the National Reproductive Health Strategy 2016–2020 and the National Adolescent and Youth Reproductive Health Strategy 2016–2020.1144 These documents give top priority to reducing maternal mortality and improving maternal

Ethiopia 40.1%

health,1145 implemented through investments in reproductive health

Tanzania 38.4%

schemes, including the improvement of reproductive and maternal

Comoros 19.4% Djibouti 19.0%

health care, as well as adolescent and youth services and family planning. Additionally, measures have been taken to expand services providing long-acting contraception at health posts within the

Sudan 12.2%

community, to scale up maternity care, to increase maternity waiting

Eritrea 8.4%

homes and to work towards the elimination of fistula. In 2014, Kenya

South Sudan 4.0%

developed the Adolescent Package of Care, enabling access to health

No data available for Somalia and Seychelles Source: The World Bank, World Development Indicators.

care services such as SRHR. This emphasises care and not turning adolescents away when they present themselves in a hospital.1146

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Much of the progress reported on the region’s health outcomes can be seen in relation to HIV. In Rwanda, the percentage of people with HIV has decreased, though HIV is more prevalent in women than men in the same age group.1147 In Seychelles, a commitment to dealing with HIV is demonstrated through the country’s third and latest National Strategic Plan for HIV, AIDS and Viral Hepatitis 2019–2023.1148 This aims to reduce the number of HIV cases and infections in the country through increased testing and by protecting the rights of those who already have HIV.1149 Meanwhile, Somalia remains committed to fighting HIV through its National Strategic Plan for HIV and AIDS 2015–2019.1150 HIV prevalence in Tanzania is again higher among women than men, at 7% compared with 4%;1151 this can be understood as being a result of gender inequality and partly of women getting married earlier to older partners.1152 Although Ugandan women are also more affected by HIV than men, they have higher rates of receiving treatment, with 79% of women compared with 63% of men.1153

2.3. Challenges and Gaps The SDG health targets include reducing the maternal mortality rate, especially in high-risk regions like sub-Saharan Africa, which accounts for an estimated two-thirds of global maternal deaths.1154 As a result, countries in the East African region are actively coordinating both internal and external efforts to reduce their unacceptably high rates of maternal mortality. However, despite record improvements, the region has a long way to go in this regard. Levels of awareness regarding HIV transmission and prevention are low in Eritrea and Ethiopia. In Eritrea, only 24.7% of women have reliable knowledge,1155 and in Ethiopia only 20% understand HIV transmission and prevention.1156 Lack of comprehensive knowledge about the modes of transmission of HIV as well as other sexually transmitted diseases, as well as the low use of contraceptives, is evident in both countries. In order to assist with HIV testing, Tanzania has amended legislation to lower the age of consent for testing from 19 to 15.1157 As part of the 2017–2022 HIV Prevention Strategy, the government aims to promote the usage of condoms. However, lack of funding and weak supply chains for the massive number of condoms needed make this a difficult goal.1158 Despite progress made in lowering infection rates, women in Rwanda, Tanzania and Uganda continue to have a higher infection rate of HIV in comparison with men. In Madagascar, the country’s government is actively working to overcome gaps through the provision of free access to contraceptives and family planning information and services at public clinics. However, lack of resources mean these services are not always available,1159 resulting in low levels of modern contraception use among women, at 36.4%.1160 The Kenyan Demographic Health Survey found maternal mortality to be at 360 per 100,000 women in 2010. To lower the statistics further, the government ensured that skilled physicians attended births, to reach attendance of 44% of deliveries in 2014.1161 Measures to deploy more skilled medical personnel to attend births have also been put in place in Ethiopia and Madagascar, with 62% of births in Ethiopia provided by skilled obstetric staff in 20161162 and 46% in Madagascar in 2018.1163 Despite these improvements, the East African region maternal mortality figures are still the highest in the world.1164 Djibouti’s maternal mortality rate is among the lowest in the region, at 229 per 100,000 live births in 2015. This has been achieved through the provision of pre-natal and post-partum care.1165 Madagascar is another lowranking country, recording 353 maternal deaths per 100,000 live births.1166 With ongoing conflicts in the region resulting in a flow of refugees and internally displaced persons, there remain difficulties with access to quality, available and affordable health. Along with poor access to health services, there is a shortage of skilled health workers. A focus on raising the number of health staff, especially midwives, would address many of the key issues leading to high rates of maternal mortality.1167 Improvements were made during the Decade but challenges persist. In South Sudan, the health sector is not well funded, receiving only 2% of the national budget.1168 Low levels of government funding lead to limited health care infrastructure, sparse supplies and few trained professionals. This lack of prioritisation of health in the country has impeded efforts to improve on maternal mortality rates, even though many needed elements are being funded through the support of other nations and organisations.1169 According to an estimate by the UN, there is one doctor for every 65,000 patients,1170 and only 19% of births are assisted by medical professionals, indicating a direct correlation between rising maternal mortality and lack of medical professionals.1171

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3. NORTH AFRICA During the AWD, some North African countries passed legislative reforms addressing reproductive health.

3.1. Constitutional Provisions All North African countries, except for Libya, have constitutional provisions relevant to the right to health. Five constitutions (Algeria, Tunisia, Egypt, Morocco and Sahrawi Arab Democratic Republic) include provisions on the right to health care. The 2014 Constitution of Tunisia articulates that health is a right for all citizens. Moreover, the State shall guarantee preventative health care and treatment and ensure free health care for all without means and those with limited income,1172 as does Egypt’s Constitution 2014, which stipulates that all citizens are entitled to health and comprehensive health care. Furthermore, the State commits to establishing a comprehensive health care system and allocating a percentage of government expenditure of no less than 3% of gross domestic product to health, and will gradually increase this to reach global rates.1173 While the 2012 Constitution of Libya does not explicitly articulate the right to health or health care, its 2016 Draft Constitution does guarantee this. Furthermore, under Article 57 of the Draft Constitution, “the State shall guarantee comprehensive and quality healthcare to all citizens and shall provide preventive services to them.”1174 However, this has not yet been adopted. The majority of states have constitutional provisions on non-discrimination and equality in health care (Algeria, Egypt, Libya, Mauritania, Morocco and Tunisia).

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3.2. Trends in legal, Policy and Institutional Reform 3.2.1. Legal Reforms During the AWD, some North African countries passed legislative reforms addressing reproductive health. In 2016, Mauritania approved its Reproductive Health Law. This recognises reproductive health care as a universal human right by providing access for women to reproductive health services, such as modern contraceptive methods.1175 Algeria passed Health Law No. 18/11 in 2018, which includes a specific section on maternal and child health and provides for reproductive health and family planning services.1176 Egypt passed Law No. 23 of 2012 on health insurance for women heads of households. 1177 Concerning abortion, in 2016 Morocco amended Article 453 of the Penal Code on Abortion, under which abortion is not punishable in cases where the mother’s life is in danger, in cases of violence or incest, if the person has a mental disorder or if the foetus has a serious malformation or a genetic disease.1178

3.2.2. Policy and Institutional Reforms Over the span of the Decade, all countries, except for Sahrawi Arab Democratic Republic (no data found), took steps to improve women’s SRHR, maternal rights and management of HIV/AIDS through policy reform. Three countries (Algeria, Mauritania and Morocco) adopted national strategies to combat HIV/AIDS during the AWD. Two countries (Mauritania in 20101179 and Tunisia in 20111180) launched CARMMA campaigns. Regarding reproductive health, Algeria, Egypt, Mauritania and Morocco have implemented strategies to improve access to SRH services. Mauritania’s National Reproductive Health Strategy 2011–2015 prioritised safe motherhood and youth and adolescent SRH, and providing family planning services and contraceptives free of charge.1181 Egypt implemented the National Health Strategy for Reproductive Health 2015–2020;1182 the Ministry of Education incorporated components on reproductive health in the school curriculum. Algeria, Mauritania and Morocco have adopted policies and plans that specifically address maternal mortality. Algeria adopted the National Plan to Prevent Maternal Deaths 2015–2019 and Morocco the Sector Strategy 2012–2016 that improved access to treatments and enhanced maternal and child health. Some countries in the North African region have also implemented institutional reforms that address reproductive and maternal health. Mauritania implemented the Improving Maternal and New-

Figure 18 North Africa: Contraceptive prevalence, any methods (% of women ages 15-49)

Born Health and Maternity without Risk projects and established the Obstetrical Package, a voluntary insurance scheme covering maternal health costs in public health facilities at all levels. In Libya, the Ministry of Social Affairs of the Government of National Accord, together with the United Nations Support Mission, held joint programmes and training workshops and met health-related needs.1183 In 2016, a court in Egypt issued a ruling that prohibited HIV discrimination in the workplace.1184

Mauritania 17.8% Libya 27.7% Algeria 57.1% Egypt 58.5% Tunisia 62.5% Morocco 70.8% No data available for Saharawi Arab Democratic Republic Source: The World Bank, World Development Indicators.

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3.3. Challenges and Gaps Despite North African countries having adopted legal, policy and institutional reforms, challenges, gaps and contestations remain. First, at the beginning of the AWD, some North African countries experienced protests and popular uprisings as part of the Arab Spring. Political instability and conflict impeded legal, policy and institutional reform on SRH, maternal health and HIV/AIDS. The uncertainty delayed or altogether stopped responses with regard to critical care and services and made accessing health a dangerous endeavour, especially for women and girls. A second gap concerns legislation on women’s reproductive health. Most countries in North Africa have constitutional provisions explicitly on SRH, maternal health or HIV/AIDS. Despite legislative reform during the Decade, however, many countries lack laws in this area. Moreover, existing laws are often inadequate and poorly implemented. Mauritania is a notable exception, as the only country in North Africa that has adopted a law specifically on reproductive health. It is also the only North African country that has laws on non-discrimination based on HIV and legislation that criminalises wilful transmission of HIV.1185 Of the seven North African countries, five did not launch CARMMA during the AWD. This may be explained in part by the political instability in some countries in the region. Third, during the Decade, only three countries adopted strategies to combat HIV/AIDS. Although prevalence of HIV/AIDS in North Africa is low compared with other African regions, it has increased. Women are disproportionately affected, and often lack access to and control over resources, care and treatment. Persons living with HIV/AIDS also face stigma and discrimination, with constitutional provisions on non-discrimination often ineffective. Groups such as sex workers and sexual minorities are particularly vulnerable. Firmly held views and norms, and laws criminalising these groups’ work and behaviour, often contribute to the stigma and prevent them from seeking care and treatment. In other cases, they may be denied care and treatment outright. Increased HIV prevalence may be linked to this persistent stigma and discrimination. A fourth gap concerns access to abortion and the upholding of the commitments made under the Maputo Protocol. During the AWD, there were almost legislative reforms on access to abortion in the region. In the majority of countries, the penal or criminal code contains provisions on abortion. Most commonly, these allow for abortion in cases of sexual assault, rape or incest, or when the pregnancy poses a threat to the life of the mother. Tunisia also permits abortion during the first three months of pregnancy. However, despite their having ratified the Maputo Protocol, Egypt and Mauritania prohibit abortion altogether, and it is punishable under the law. Existing legislation may also require permission in seeking safe abortion. Although prohibited under the Egyptian Penal Code, a doctor may perform an abortion under the physicians’ Code of Ethics to save a woman’s life provided that the doctor receives written approval from two other physicians.1186 It also requires the permission of the woman’s husband. Thus, access to safe abortion in the North African region remains restrictive for women and girls, and this endangers the lives of women and girls. Finally, across the region, access to SRH, maternal health and HIV/AIDS care and services is often limited, in particular for women and adolescents living in rural areas. Mauritania’s 2010–2012 Action Plan has substantially reduced the proportion of the population without easy access to a health structure, generally those living in poor rural, remote or landlocked areas.1187 However, the Plan does not specifically address the needs of women and girls; nor is it clear if it has been renewed. In some countries, access to such care and services requires women to obtain consent from their spouse. In Morocco, access to reproductive health services is limited to married couples, thus preventing adolescents from having control over this aspect.1188 Youth and adolescents often also have limited access to information. According to the sources consulted, only Egypt has taken steps to include family planning in the school curriculum. Lack of education on reproductive health, HIV/AIDS, maternal health and family planning denies adolescents the opportunity to make informed decisions about their health.

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4. SOUTHERN AFRICA The sexual and reproductive rights of adolescent girls are sometimes put in jeopardy, particularly at the institutional and societal level, when they become pregnant.

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4.1. Constitutional Provisions A few countries in the region introduced specific laws and constitutional provisions on SRHR during the Decade; others have SRHR-related regulatory frameworks that predate the start of the AWD. During 2010–2020, Zimbabwe introduced constitutional reforms relating to SRHR, as did Angola. Angola’s new Constitution of 2010 emphasises the promotion of policies for free universal primary health care as a fundamental task of the State.1189 Zimbabwe, too, adopted an entirely new Constitution in 2013, which affirmed women’s SRHR, including the right for women to make decisions about reproduction and the right to access reproductive health care.1190

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4.2. Trends in Legal, Policy and Institutional Reform 4.2.1. Legal Reforms Two countries passed laws during the AWD that specifically touch on SRHR. Botswana enacted the Gender Equality Act in 2013, and Zambia affirmed women’s SRHR in its 2015 Gender Equity and Equality Act. Both laws include provisions on access to family planning, protection from sexually transmitted infections, reproductive rights education and access to contraception.1191 A number of SRHR and HIV priorities and indicators are embedded within Southern African countries’ national gender policies, health frameworks and educational programmes in schools and for communities. The sexual and reproductive rights of adolescent girls are sometimes put in jeopardy, particularly at the institutional and societal level, when they become pregnant. At least one country has made efforts to address this challenge. In Mozambique, Order No. 39/2003, which forced pregnant girls to attend night classes, was repealed in 2018 after a strong multi-stakeholder campaign.1192 However, observers note that the climate within schools is marked by gender inequality and by a culture of sexual violence.1193 Abortion remains proscribed, with some exceptions, and is contentious in many instances, couched as a medical issue rather than a rights issue in the majority of the countries. Even in countries where women can access abortion based on limited conditionalities within the law, religious controversies and social taboos may deter women from seeking abortion care services. Failure to access abortion services in safe conditions raises the risk of backdoor abortions using unsafe practices that often contribute to maternal mortality.1194 Two countries made abortion-related legal reforms during the Decade. Mozambique amended the Penal Code in 2014, allowing for abortion on request within the first 12 weeks of pregnancy for any reason. Angola’s 2019 Penal Code allows for conditional abortions (e.g. health of the mother and foetal anomalies, as attested by a local medical board).1195 While HIV/AIDS rates are on the decline, women remain the most vulnerable to new infections; they are disproportionately affected, especially when experiencing intersecting vulnerabilities.1196 To protect the rights of persons living with HIV, various laws have been enacted, although these do not necessarily articulate gender issues. Botswana, Malawi and Mozambique have enacted laws on the rights of workers with HIV.1197 Notably, Mozambique’s Protection of Persons, Workers and Job Seekers Living with HIV and AIDS Act grants the right to legal assistance for infringement of rights.1198 Malawi’s HIV and AIDS (Prevention and Management) Act 2018 addresses HIV holistically1199 and the Child Care, Protection and Justice Act 2010 addresses children affected by HIV and AIDS, directly or indirectly.1200 Eswatini has no anti-discrimination law on the grounds of HIV but the Sexual Offences and Domestic Violence Act, Section 76(2), makes post-exposure prophylaxis available to victims of rape to prevent HIV transmission.1201 Five countries have laws that criminalise transmission and non-disclosure of or exposure to HIV (Angola, Botswana, Lesotho, Mozambique and Zimbabwe)1202 but four (Eswatini, Namibia, South Africa and Zambia) have no laws that specifically criminalise the transmission of HIV,1203 although in Malawi, Namibia, South Africa and Zambia those living with HIV can be prosecuted through other general criminal laws. 1204 In five countries (Botswana, Mozambique, South Africa, Zambia and Zimbabwe), HIV status can be used as an aggravating factor in the judgement of rape cases.1205 Although Zambia does not have an HIV-specific law, the Penal Code Act includes a misdemeanour for unlawfully or negligently spreading the infection of any disease dangerous to life.1206 While this could technically apply to cases of HIV transmission, no such cases have been prosecuted thus far.1207In Zimbabwe in 2020, female parliamentarians called for the decriminalisation of HIV transmission and there are ongoing discussions on this law.1208 However, controversies abound on the legitimacy of these laws, which are in some instances seen as a violation of the rights of those living with HIV, including women’s rights to confidentiality and privacy.1209 There are concerns that women living with HIV may conceal their status to avoid familial or societal stigmatisation and yet may end up being prosecuted as a consequence. Botswana’s Public Health Act of 2013, Lesotho’s Penal Code of 2010 and Mozambique’s 2014 Law Amending the Penal Code criminalise the conscious transmission of infectious diseases.1210 Non-disclosure

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of HIV constitutes an “unlawful sexual act” in Lesotho’s Penal Code of 2010.1211 Activists and courts have been using the few non-discriminatory laws illustrated in this section to promote and protect the rights of women. Concerned actors, victims of the criminalisation of HIV and survivors can utilise gender-responsive laws, such as those cited above, to enforce the rights of women and girls.

4.2.2. Policy and Institutional Reforms All countries have plans, strategies and programmes to implement services and priorities related to SRHR and HIV, including PMTCT and ARVs. All countries in the region have launched CARMMA.1212 There is evidence that countries’ efforts to combat maternal mortality in the region are paying off, despite prevailing challenges, as the maternal mortality ratio has been in steady decline, according to modelled estimates.1213 In Eswatini, it dropped rapidly between 2004 and 2013, then rising slightly between 2014 and 2017.1214 The lowest rates are in South Africa, at 119 deaths per 100,000 live births in 2017, followed by Botswana (144).1215 In the middle are Angola and Mozambique (241 and 289, respectively) and Malawi (349).1216 Zimbabwe and Eswatini continue to have high rates, at 458 and 437 per 100,000 live births, respectively.1217 The highest estimates are from Lesotho – the only country above 500 deaths per 100,000 live births (544). 1218 Countries are developing programmes to address some of the major constraints in service delivery, especially physical access for the more vulnerable women in rural areas. In all the region’s countries, spousal consent for married women to access SRH services is not required.1219 Despite this, the majority of women live in rural areas and tend to be far from service delivery points and to lack adequate information and, sometimes, agency to realise their rights. In Lesotho, almost half (49%) of rural women have experienced constraints in accessing a health facility, compared with 29% of women living in urban areas.1220 To tackle this, the government has established “mothers’ waiting houses,” where pregnant women can stay for a minimum of two weeks prior to delivery.1221 Some of these are in the most underserved rural areas, where CSOs are partnering with government to prevent risky home deliveries.1222 Zimbabwe subsidised health care for pregnant women in rural areas through its Rural Based Treasury Initiative in 20141223 and created maternity waiting homes in remote districts, at which women can stay for the last six weeks of their pregnancy.1224 A number of hospitals in Angola have also added transit houses for women who have travelled a considerable distance;1225 “waiting villages” were established in Malawi under the Presidential Initiative for Safe Motherhood, where health education is also provided to women.1226 Major challenges to implementing SRH policy and realising women’s rights in the region have been lack of human and financial resources, weak services and limited information for service users. By 2015, Angola had increased the number of delivery rooms and skilled birthing personnel and trained midwives in both peri-urban and urban areas, and the availability of pre-natal consultations (82% in urban and 52% in rural zones).1227 Namibia has focused since 2011 on increasing maternal health care services, distributing staff more equitably between urban and rural areas, implementing information and awareness campaigns on health issues and increasing access to antiretroviral drugs in rural areas.1228 Angola and Mozambique have programmes addressing obstetric fistula specifically to deal with the challenges women face in post-natal maternal care. In 2010, the first obstetric fistula treatment centre was established in Uige province, Angola, and a campaign against obstetric fistula was set up in 2019.1229 Mozambique developed the National Strategy for the Prevention and the Treatment of Obstetric Fistula in 2012.1230 All countries in the region have PMTCT policies. All women living with HIV have been eligible for lifelong antiretroviral therapy in Malawi since 2011, which resulted in 80% of pregnant women living with HIV receiving ARVs in 2015, up from 21% in 2009.1231 In Zimbabwe, 84% of pregnant women living with HIV received ARVs in 2015; in Zambia the figure was 87%. 1232 Around 95% of Mozambique’s, Namibia’s and South Africa’s HIV-infected pregnant women, and over 90% of those in Botswana, received antiretroviral medicine in 2015 to prevent mother-to-child transmission, thereby meeting or exceeding the 90% Global Plan goal.1233 South Africa has also reached another Global Plan milestone with an estimated transmission rate of 2% in 2015.1234

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Contraceptive use remains a problem for women seeking to plan the timing, spacing and number of births in exercising their reproductive health rights. Although Botswana, South Africa and Zimbabwe have developed more effective family planning initiatives, other countries in the region face constraints that include inadequate service delivery mechanisms and limited resources for family planning commodities.1235 As a result, not all women have access to satisfactory contraceptive information and products. In 2020, the rate of unmet need for family planning (for women aged 15–49) ranged from 8% in Botswana and Zimbabwe to 9% in Angola, 10% in Eswatini, 11% in Namibia, South Africa and Lesotho, 13% in Malawi, 15% in Zambia and 19% in Mozambique.1236 Furthermore, a clear link exists between unmet need for family planning, contraceptive use and adolescent pregnancy, whereby adolescent pregnancy is more prevalent among populations with low contraceptive use.1237 Pregnancy in young girls can, in many instances, result in denial of critical services and rights, including access to education. In Malawi, girls are suspended from school for a year if they fall pregnant but they may be readmitted later, based on Malawi’s ReEntry Policy.1238 While in theory this also applies to the boy who has impregnated the girl, the rule is often enforced only against the young mother. Malawi drafted a Revised Re-Entry Policy in 2017. Meanwhile, activities have continued to campaign for institutional and policy reforms through various strategies targeted at governments. In 2013, the Constitutional Court of South Africa found that schools’ policies prima facie violated learners’ rights to human dignity, privacy and bodily and psychological integrity by requiring learners to report to the school authorities when they believed they or other learners were pregnant. The Court found that such policies stigmatised pregnant learners for being pregnant and risked their not seeking medical, emotional and other support from school authorities.1239 South Africa’s 2018 Draft National Policy on the Prevention and Management of Learner Pregnancy1240 was criticised for not establishing a process for learners to return to school following delivery, and using inconsistent language in terms of eligibility to access SRH services.1241 As of July 2020, the government was reviewing the public commentary.1242 A nationwide campaign Together Against Pregnancy and Early Marriage started in Angola in 2015.1243 In a number of countries, abortions remain restrictive, even where the countries have enacted or amended laws to address the issue. Ten countries (Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) allow abortion if the mother’s life is at risk or the pregnancy poses a risk to the mother’s health or in cases of foetal impairment.1244 Eight countries (Angola, Botswana, Eswatini, Mozambique, Lesotho, Namibia, South Africa and Zimbabwe) stipulate abortion to be legal in cases of rape, sexual assault or incest.1245 Two countries (South Africa and Zambia) stipulate socioeconomic circumstances as grounds for legal abortion.1246 In Eswatini, no laws exist to operationalise the constitutional provisions on abortion, and illegal

Figure 19 Southern Africa: Contraceptive prevalence, any methods (% of women ages 15-49)

abortions continue to result in the deaths of adolescent girls and women.1247 Two countries allow for abortions on request during the first 12 weeks (Mozambique and South Africa).1248 South Africa also allows abortion on request under certain

Angola 13.7% Mozambique 27.1% Zambia 49.6% South Africa 54.6% Namibia 56.1% Malawi 59.2%

circumstances between 13 and 20 weeks.1249 In this sense, it has the most expansive provisions – although these have not gone unchallenged. Various religious groups have legally contested the Choice on Termination of Pregnancy Act. Meanwhile, illegal abortions persist as knowledge about legal abortions remains low and inequalities in access to services persist.1250 For instance, out of all public health facilities with the adequate resources, only 3.9%

Lesotho 60.2%

were offering abortion services in 2017, and the government list of

Eswatini 66.1%

these facilities was inaccurate.1251 In Angola, the Amendment to the

Zimbabwe 66.8% No data available for Botswana. Source: The World Bank, World Development Indicators.

Abortion Law in 2018, which criminalised all abortions, was met with unusually strong protests that led to the final vote on the law being cancelled.1252

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4.3. Challenges and Gaps There continue to be recurring gaps with regard to girls’ access to health services. Reproductive health rights, including on abortion and access to contraceptives, as well as the rights of persons living with HIV, have a correlation with issues related to the age of consent and access to services. Countries’ approach to the minimum age of consent to medical treatment and to SRHR services is uneven in the region. Mozambique, Namibia and South Africa do not require parental consent before one can access SRHR.1253 South Africa’s Children’s Act sets the age of consent for medical treatment, including surgery, at 12 years.1254 Namibia’s Child Care Protection Act of 2015 allows a child over the age of 14 to consent to a surgical procedure, which could allow girls to access abortion services if their pregnancy falls under the permitted grounds for a legal abortion.1255 Eswatini’s Children’s Protection Act of 2012 allows children age 12 or older to consent to medical treatment, or to be tested for HIV, but not to consent to surgery. It also prevents service providers from refusing to provide SRH services to a child and allows children to receive reproductive health protective devices without parental consent,1256 although girls under the age of 16 need parental consent to have an abortion.1257 In Zimbabwe, the Children’s Act of 1971 provides that children under 18 require parental consent to surgical or other treatment, or else can apply for a magistrate to approve the procedure,1258 as does the Public Health Act of 2018, which provides that children under 18 years require adult consent to access medical health services.1259 However, 40% of Zimbabwean girls and 24% of Zimbabwean boys have had sexual intercourse before age 18.1260 As such, this provision limits girls’ access to reproductive health services, as they may have reservations or face limitations relating to parental consent. To address this, in 2019, the Parliamentary Portfolio Committee on Health and Child Care sought to grant minors as young as 12 access to SRH services. This initiative was interpreted by the public as an attempt to lower the age of sexual consent to 12, creating resistance and slowing down the progress towards ameliorating the gap in service provision for girls.1261 The HIV epidemic poses a continuing health challenge in various countries in the region. In 2018, it was estimated that South Africa constituted more than a quarter of Southern Africa’s new infections (240,000). Other substantial contributors were Mozambique (150,000), Zambia (48,000), Malawi (38,000) and Zimbabwe (38,000). Eswatini and Lesotho had the highest adult HIV prevalence rates in the world, with 27.2% and 23.6%, respectively.1262 Young women are particularly disproportionately infected, owing to risky behaviour, harmful practices and sexual violence. In 2019, it was estimated that the risk of young women in Southern Africa being infected with HIV was six times higher than that among young men.1263 This calls for measures to protect women at all levels, including legal and policy measures. Angola’s Constitution of 2010 promotes a right to work without discrimination of any form (Sect.76). Botswana’s National Policy on HIV and AIDS of 2012 acknowledges that the right not to be discriminated against from Chapter II of the Constitution also applies to people living with HIV, as does Malawi’s National HIV and AIDS Workplace Policy. Eight countries (Angola, Botswana, Lesotho, Mozambique, South Africa, Namibia, Zambia and Zimbabwe) have non-discrimination legislation based on HIV in place, as well as legal and/or police regulations regarding voluntary HIV testing.1264 The 2014 Mozambican Law on the Protection of Persons, Workers and Work Seekers Living with HIV and AIDS applies to public and private institutions, as well as domestic workers.1265 Two countries (Eswatini and Malawi) do not have non-discrimination based on HIV legislation but have legal and/or police regulations regarding voluntary testing. Various countries have national policies on HIV/AIDS that prohibit HIV- or AIDS-related stigma and discrimination, particularly in health care, education and employment, and also adopt programmes, campaigns and services for women living with HIV. All 10 countries have strategies and plans to promote maternal health, reduce the transmission of HIV and increase access to family planning services.1266 A positive trend in the region has been to focus on adolescent health as a standalone issue, recognising that much of the new transmission of HIV occurs among girls and young women.1267 An example of this policy trend is Zimbabwe’s Second National Adolescent and Youth Sexual and Reproductive Health Strategy (2016–2020)1268 as well as Zambia’s earlier Adolescent Strategic Health Plan 2011–2015. In South Africa, the Department of Health aligned its Anti-Retroviral Programme with WHO guidelines in 2015, expanding the enrolment of people living with HIV from those with CD4 counts lower than 350 to all those with CD4 counts lower than 500. New

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guidelines also enrol all HIV-positive pregnant women on life-long ARVs irrespective of CD4 counts.1269 As a result, the population on treatment tripled between 2009 and 2017.1270 Parental consent for adolescents to access HIV testing is skewed across the region. Such consent is required in Eswatini for children under 18 and for children under 14 and 16 in Botswana, Malawi, Namibia, Zambia and Zimbabwe. Countries that require parental consent where adolescents are under 12 are Lesotho, Mozambique and South Africa.1271 Zimbabwe’s National HIV Testing Guidelines of 2014 state that a child under the age of 16 is unable to consent to HIV testing and counselling.1272 Medical consent to procedures is a key element of the right to SRH for women living with HIV. Several incidents of forced sterilisation in Namibia and South Africa have revealed denials of women’s right to informed consent to medical procedures, particularly women living with HIV. To address this, institutions have taken remedial measures in favour of the rights of women living with HIV. In 2014, Namibia’s Supreme Court ruled that HIV-positive women had indeed been forcibly sterilised and that the incidents constituted a human rights violation.1273 In 2016, Malawi’s High Court overturned the life sentence of a woman who had unintentionally exposed a child to HIV by breastfeeding.1274 However, in 2016, Zimbabwe’s Constitutional Court considered the constitutionality of Section 79 of the Criminal Code, which criminalises the transmission of HIV/AIDS. It found that the Constitution of Zimbabwe did not provide for protection against discrimination based on HIV status and that Section 79 of the Code was constitutional.1275 In 2019, the minister of justice of Zimbabwe announced a plan to repeal Section 79 as part of the Marriages Bill,1276 which was still under consideration in 2020.1277 In 2020, following a complaint by Her Rights Initiative and the International Community of Women Living with HIV, the South African government’s Commission on Gender Equality conducted a systemic investigation into forced and coerced sterilisation of women living with HIV (in 15 hospitals), and found that women’s rights to bodily autonomy and informed and consensual SRH services had been violated. The Commission made recommendations for the National Department of Health to correct the circumstances that had enabled these sterilisations and also recommended reforming the law so that consent was even more thoroughly enforced.1278

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5. WEST AFRICA During the AWD, 10 countries undertook constitutional reform and adopted provisions relevant to health, such as the rights to health and to health care and medical services.

5.1. Constitutional Provisions During the AWD, 10 countries (Benin, Burkina Faso, Cabo Verde, Côte d’Ivoire, Gambia, Guinea, Niger, Nigeria, Senegal and Sierra Leone) undertook constitutional reform and adopted provisions relevant to health, such as the rights to health and to health care and medical services. Niger, Nigeria, Senegal, Sierra Leone and Togo’s constitutions make specific mention of the right to health and the government’s responsibility in ensuring this. In Guinea, the 2020 Constitution protects the right to health, physical and mental wellbeing and covers the state’s duty to fight epidemics.1279 Concerning the right to health care and medical services, Article 13 of the 2010 Nigerien Constitution articulates that, “the State sees the creation of the proper conditions to assure to all, medical services and medical assistance in the case of illness.”1280,1281 In Cabo Verde, Article 70 of the Constitution, amended in 2010, provides that the state shall ensure the creation of condition for citizens’ universal access to social security. Article 71 declares that the state shall be responsible for creating the conditions for the universal access of citizens to health care.1282 Notably, the draft 2020 Constitution of Gambia states that every person has the right to “the highest attainable standard of health, which includes the right to health care services, including reproductive health care” (Article 62.1).1283

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5.2. Trends in legal, Policy and Institutional Reform 5.2.1. Legal Reforms Over the Decade, countries in West Africa implemented legislative reform on SRH, maternal health and HIV/AIDS. Some countries sought to increase women’s access to sexual and maternal health by implementing universal medical coverage and addressing health care service costs. In Gambia, the 2010 Women’s Act guarantees women’s right to health, including SRH, and the enjoyment of health care and services. This includes the right to decide the spacing of children and to choose any method of contraception (Section 31).1284 In Burkina Faso, Decree No. 2016-311 guarantees free access to health care to pregnant women and children aged under five (Article 1) and free cervical and breast cancer testing and care for all women (Article 2).1285 Furthermore, Decree No. 2019-40 establishes free family planning services.1286 In 2019, the Malian president declared that primary care for, among others, pregnant women (including childbirth) and family planning would be free.1287 In Togo, the 2011 Law on Health Care guarantees free health care to freelancers and those in the informal sector, which is made up mostly of women.1288 The Sierra Leonean Free Health Care Initiative, launched in 2010, provides universal access for the most vulnerable groups and targets pregnant women and lactating mothers. Regarding laws on abortion, in 2015 the Parliament in Sierra Leone overwhelmingly passed the Safe Abortion Act, which increases women’s access to safe and legal abortions. The Act permits abortion during the first 12 weeks of pregnancy, and until week 24 in cases of rape or health risks to the foetus.1289 In other countries, the situation has not improved; abortion is prohibited except in limited cases. In Côte d’Ivoire, the 2019 Penal Code, Article 426, sentences every woman who procures or tries to procure an abortion to jail (from six months up to two years) and a fine ranging from FCFA 50,000 to FCFA 500,000 (approximately US$ 90 -904 as of 4 July 2021) .1290 The only exceptions are to save a woman’s life or in the case of rape (Article 427). Also, incitement to abortion, notably through public discourse, can result in imprisonment from six months to three years (Article 428).1291 In Burkina Faso, abortion is permitted under the 2018 Penal Code only if continuing with the pregnancy endangers the life of the mother or if there is a high probability that the future newborn will suffer from a disease or infirmity of a severe nature diagnosed as incurable (Article 513-13). Abortion is permitted up to 14 weeks in cases of incest or rape (Articles 513-13 and 513-14).1292 In Guinea, under Article 265 of the 2016 Penal Code, abortion is allowed in cases of necessity to safeguard the woman’s life, rape, incest and severe conditions for the foetus.1293 Several countries have also enacted legislation that protects the rights of persons living with or affected by HIV. In Côte d’Ivoire, the Law of 11 July 2014 on Prevention, Protection and Repression in the Fight against HIV and AIDS promotes effective prevention and care and research strategies and programmes on HIV and AIDS. It ensures that the rights of people affected by HIV are respected, protected and fulfilled.1294 Article 9 states that testing is systematically proposed to pregnant women and future spouses. Article 26 guarantees the right to all persons infected with HIV to benefit from the state, including access to prevention, treatment, care and support services in the best possible conditions. Further, the Law contains a section on women and girls’ rights. Among others, women must receive information on preventing HIV transmission to their children, before, during and after pregnancy (Article 41).1295 In Ghana, the AIDS Commission Act 938 includes a section dedicated to non-discrimination towards persons living with or affected by HIV or AIDS and calls for the full enjoyment of the rights and freedoms enshrined in the Constitution (Section 28). The Act also guarantees the right of persons living with or affected by HIV to SRHR (Section 36).1296

5.2.2. Policy and Institutional Reforms Since 2010, countries across the region have also implemented programmes and policies to ensure that SRH care and family planning are accessible and meet all women’s needs. Many countries have adopted policies addressing access to contraceptives. At the London Summit on Family Planning in 2012, Liberia pledged to increase its contraceptive prevalence rate from 10% in 2015 to 20% in 2021.1297 The 2014–2018 National Plan for Family Planning in Mali responded to the unmet need for family planning and sought to achieve a contraceptive prevalence of 15% by 2018.1298 In Niger, the Action Plan on Family Planning 2012–2020 aimed to increase the percentage of women using a contraceptive method to 50% by 2020.1299

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In Guinea, the Roadmap on Sexual Education aims to better integrate sexual education within the curriculum to strengthen the capacity of agencies promoting sexual education and the development of services targeting adolescents, and to improve knowledge among communities on sexual health.1300 In Benin, the National Strategy for the Safety of Reproductive Health Products 2011–2016 aims to strengthen and sustain the supply of reproductive health products.1301 In Cabo Verde, special facilities have been established in some health centres to ensure easy access, privacy and confidentiality within SRH services for adolescents.1302 Decree-law No. 47/2017 establishes social and educational support measures for girls attending school during pregnancy, after delivery and while breastfeeding. These measures apply to primary, secondary and higher education and professional training.1303 West African countries also implemented specific national HIV prevention strategies and programmes during the Decade. In Liberia, the 2015–2020 National HIV and AIDS Strategic Plan made provisions for pre-natal care and eliminating mother-to-child transmission of HIV.1304 In Mali, the 2014–2013 Health and Social Development Plan aimed to reduce maternal, neonatal, infant and child morbidity and mortality, and mortality related to sexually transmitted diseases.1305 The 2014 National Plan of Action of Nigeria addresses the intersections between GBV and HIV/AIDS. It aims to reduce the incidence of HIV by addressing GBV using a multi-sectoral approach, including with stakeholders at the national, state and local level.1306 In Ghana, the National HIV and AIDS and Sexually Transmitted Infection Policy recommends that elimination of mother-to-child transmission programmes be available to all pregnant women living

Figure 20 West Africa: Contraceptive prevalence, any methods (% of women ages 15-49) Gambia 9.0%

with HIV. Such programmes encompass HIV testing as part of routine pre-natal services, psychosocial support, follow-up services and

Guinea 10.9%

nutritional support for malnourished mothers. The Policy makes a

Niger 11.0%

special effort to target men with information on family planning and

Benin 15.5%

reproductive health.1307 In Gambia, the National Policy Guidelines on HIV and AIDS aim to ensure a sustained programme of information and education in the population, with a special focus on youth and women. It seeks to prevent new infections and empower women and girls educationally, socially and economically to enhance their self-esteem and equality in gender relationships. The Guidelines also call for a review of HIV and AIDS programmes to ensure they address gender perspectives. They also cover special programmes that provide women with economic opportunities, as well as counselling

Guinea-Bissau 16.0% Nigeria 16.6% Mali 17.2% Togo 19.9% Sierra Leone 22.5% Côte d'Ivoire 23.3% Senegal 27.8%

and support for victims of sexual violence. Furthermore, to prevent

Ghana 30.8%

mother-to-child transmission of HIV, the Guidelines recommend that

Liberia 31.2%

counselling and testing services be available and offered before birth

Burkina Faso 31.7%

in family planning clinics and all pregnant women be sensitised and encouraged to access counselling and testing.1308

No data available for Cabo Verde. Source: The World Bank, World Development Indicators.

5.3. Challenges and Gaps The first gap observed concerns constitutional provisions on health, specifically provisions related to SRH. Two countries (Ghana and Guinea-Bissau) do not have constitutional provisions on health. In Ghana’s case, the Constitution includes the right to health in connection to employment but does not extend this right to all citizens. No country in West Africa includes constitutional provisions specifically on SRH and family planning, according to the sources reviewed. While the 2020 draft Constitution of Gambia includes language that guarantees the right to reproductive health care, the country had not adopted this at the time of writing. The second gap concerns the right to abortion. Many countries in West Africa restrict access to safe abortion and the right to abortion. Moreover, in most West African countries, the laws on abortion are not in line with the Maputo Protocol; rather, provisions

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on abortion are found in penal or criminal codes. In two countries (Guinea-Bissau and Senegal), access to abortion is prohibited altogether. The majority of West African countries do not allow for abortion in cases of sexual assault, rape or incest. This lack of legal protection for young girls and women puts them at considerable risk. Abortion is considered a criminal act, rather than a human right; women who seek an illegal abortion may not only risk their lives but also face criminal charges. For example, in Senegal in 2017, 38% of incarcerated women were in jail for pregnancy-related crimes, including abortions, miscarriages and infanticide.1309 Weak legislation on SRH, maternal health and HIV/AIDS represents a third gap observed. Concerning the right to decide and control the family’s size, while Gambia guarantees this as one component of women’s right to health, under Section 31 of the Women’s Act, the right must nevertheless be exercised in consultation with the husband.1310 Concerning HIV/ AIDS, legislation in some West African countries fails to adequately protect women and other vulnerable groups, which contributes to increased stigmatisation and discrimination against people living with HIV. For example, in Ghana, the AIDS Commission Act 938 does not consider gender in formulating policies and strategies and determining programme priorities. In Gambia, the 2014 Amendment to the Criminal Code, which criminalises homosexuality, considers living with HIV/AIDS an aggravating factor in the offence of homosexuality.1311 Revising legislation on or adopting legislation on abortion faces challenges in many countries. For example, while Sierra Leone’s Parliament passed the Safe Abortion Act in 2015, according to sources consulted the president has repeatedly refused to sign this into law. While West African governments have been active in establishing programmes and strategies to ensure women’s access to SRH, maternal health and HIV/AIDS services, from the data surveyed health care spending appears to be low. A particular challenge in assessing government spending on health relates to the lack of data and insufficient reporting. Given inadequate spending on SRH, maternal health and HIV/AIDS in many countries, it is often the case that NGOs do the work directly. For example, in 2011, it was estimated that NGOs provided 80% of Liberia’s health services.1312 In Mali, it is reported that NGOs complete most of the work done concerning HIV/AIDS.1313 Another challenge observed concerns awareness of legal rights and health services and care offered under national programmes and policies. For example, in Burkina Faso, many women do not know about the 2005 Reproductive Health Act. Many women who would benefit from its provisions regarding authorised abortion (e.g. when pregnancy is a result of rape or incest) risk their lives by resorting to backstreet abortions because they do not know their rights.1314 Moreover, in many countries, educational programmes, and the inclusion of SRH, maternal health and HIV/AIDS in the curriculum, are often insufficient or altogether lacking for adolescents. While the Ghanaian government has integrated a range of topics related to SRH into the primary, junior high and senior high school curricula, there is a strong focus on the benefits of abstinence.1315

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B. CASE STUDIES

Landmark Petition Gives Maternal Health Rights Their Place in the Ugandan Constitution Maternal mortality rates in sub-Saharan Africa remain the highest in the world.1316 In Uganda in particular, the rate has historically been one of the highest in the world, with 375 maternal deaths per 100,000 live births in 2017.1317 An average of 15 Ugandan women die from pregnancy or childbirth-related causes every day.1318 The high maternal mortality rate owes to a mix of factors, including a shortage of health workers and basic maternal health commodities in public health facilities, such as blood, gloves and health workers,1319 an inadequate budget allocated to the maternal health sector, frequent stock-outs of essential medicines and limited emergency obstetric services.1320 As a result of the increasing number of women’s deaths, the Center for Health, Human Rights and Development (CEHURD), a Ugandan non-profit, research and advocacy organisation founded in 2010, petitioned the Ugandan Constitutional Court, arguing that the lack of essential maternal health commodities in government health facilities was leading to an increase in maternal mortality and represented a violation of women’s right to health, life and freedom from cruel, inhuman and degrading treatment and women’s rights as enshrined in the Ugandan Constitution. CEHURD highlighted particular provisions in the Constitution. Objectives XIV call on the state to ensure that, “all Ugandans enjoy rights and opportunities and access to… health services.” Under Objectives XX, the state shall take all practical measures to ensure the provision of basic medical services to the population. Article 33(2) calls on the state to, “provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.”1321 In March 2011, four petitioners – CEHURD, Professor Ben Twinomugisha of Makerere University School of Law of Uganda and two other petitioners (Inziku Valente and Rhoda Kukkiriza) who had lost loved ones in childbirth – filed a Constitutional Petition (No. 16 of 2011). This stated that the government had violated the Ugandan Constitution through acts and omissions concerning maternal health services. In April 2012, when the case first came up for hearing, the representative of the government objected to the matters before Court. This hearing’s results were disappointing: The Court dismissed the petition on the grounds that it had no mandate to determine the matter. According to the Court, the issues presented by CEHURD were matters handled by the Parliament as they related to policy formulation and budgeting, for example. The four petitioners appealed the Court’s decision in the Supreme Court. In their appeal, the petitioners noted that Article 137 of the Constitution guarantees that interpretation of the Constitution is the mandate of the Constitutional Court. The Supreme Court thus ordered the Constitutional Court to hear the petition on its merits.1322 After a nine-year process, the Constitutional Court of Uganda passed a landmark judgement on 19 August 2020, which stated that the Ugandan government had failed to provide adequate basic maternal health care services and emergency obstetric care in public health facilities. According to the judgement, the latter violates constitutional provisions related to the rights to health and life and subjects women to cruel, inhuman and degrading treatment. The judgement specified that the Government of Uganda should prioritise sufficient funds in the national budget

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for maternal health and fully train maternal health care providers, and that health centres be properly equipped within the next two financial years.1323 Moreover, to improve maternal health in the country, the Ministry of Health is to submit a full audit of maternal health in the country every two years. Finally, the third and fourth petitioners were awarded monetary damages.1324 The case is significant for several reasons. First, the decision gave life to increased activism and judicial provisions related to maternal health in the Ugandan Constitution and gave the topic its rightful place. Second, the Court cited international and regional conventions, including the African Charter on Human and Peoples’ Rights. It indicated that the government could not justify non-compliance, given its core obligations. The Court also held that the government needed to report on reasonable measures to improve maternal health in the country. It is not sufficient for the state to argue that there are challenges to policy implementation.1325 Finally, the case also demonstrated that government policies, omissions and acts in the health care sector and other sectors are subject to judicial review to ascertain their ability to become constitutionalised. In doing so, the Court’s decision demonstrated that public litigation is a viable option to ensure access to justice and protecting rights.

The Power of Grandmothers to Treat Depression and Anxiety: The Friendship Benches Depression and anxiety are the most common mental disorders in the world. In sub-Saharan Africa, they are a major contributor to the disease burden.1326 Few people in low-income countries have access to effective treatment. Zimbabwe is a case in point here. The country has experienced stark socioeconomic and political challenges and has high prevalence of HIV/AIDS. Political and economic instability and government crackdowns have led to an increase in homelessness. These factors have increased the incidence of mental health disorders. An estimated one in four Zimbabwean adults has a mental health disorder, with depression being most common among women.1327 In recent years, the focus of the government has shifted and the support provided and the portion of the budget allocated to mental health has fallen. Ten psychiatrists care for a population of 13 million,1328 and they are often in wealthier urban areas and expensive to visit. To fill this mental health support gap, one of the Zimbabwean psychiatrists, Dr. Dixon Chibanda, set up a programme called Friendship Bench. Friendship Bench is a sustainable community-based psychosocial intervention that is evidence-based, accessible and scalable. The aim is to create a safe space and a sense of community to enhance people’s quality of life.1329 According to Dr. Dixon Chibanda, establishment of Friendship Bench was part of an iterative learning process. The initial idea was to train public health nurses in health centres across the country. However, nurses were generally overtasked, and health authorities stated that the initiative could not use their buildings. Thus, Friendship Bench trains older women in the community, known as “Grandmothers.” Grandmothers are generally well respected in their community and often take up a counsellor’s role with younger members of the community. Through Friendship Bench, they listen to younger members of society and offer cognitive behavioural therapy to emphasise problem-solving and behavioural change to help with anxiety, depression and trauma. All therapy is conducted outdoors on wooden benches, and generally underneath a tree, outside health care centres.1330 To be able to help patients within their community, Grandmothers undergo a six-month training course. The key competencies required to join are an ability to read and to use a mobile phone. In addition to receiving valuable capacity-building, Grandmothers earn a monthly allowance. Through their community involvement, they gain a sense of achievement and make long-term connections.

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Friendship Bench treats individuals with mental health issues without sounding medical or “Western,” so as to make the intervention more acceptable within the community. Indeed, mental health is a taboo topic in Zimbabwe. Individuals with mental health disorders are often seen as possessed, and churches or traditional faith healers exorcise those suffering from mental health disorders. As such, the organisation refers to anxiety and depression through the Shona vernacular, as kufungisisa (“thinking too much”). Moreover, the first intervention when joining a Bench is called kuvhura pfungwa (“opening the mind”).1331 In this first intervention, the Grandmother invites the client to talk about their worries and problems. The Grandmother selects specific problems to focus on and further expand on; she avoids sounding like she is performing a medical intervention. Grandmothers can also share their experiences and create special ties with the patients, to help them achieve a sense of belonging. Initially set up as a self-funded initiative, Friendship Bench now receives external funding, which has allowed the organisation to expand rapidly in various areas of the country and abroad. There are now 250 Benches in Zimbabwe. Additionally, local volunteers are developing Friendship Benches in Botswana, Kenya, Malawi and Zanzibar, with each country developing its specialisation. For example, Malawi’s Benches focus more on HIV clinics, while the Kenyan Benches focus their work primarily around tea plantations. Friendship Bench has thus far recorded commendable results. A 2012 research study conducted with over 500 individuals with depression found that, after they had used Friendship Bench for six months, prevalence of depression was less than 10%.1332 Moreover, Friendship Bench can also provide beneficiaries with access to incomegenerating activities, such as through learning to crochet items or producing bags to sell. Furthermore, Friendship Bench had to learn how to communicate with and involve community members. For example, the Benches were initially called “Mental Health Benches,” and this put off many clients. Meanwhile, part of Friendship Bench’s success lies in it is cheap and simple nature and the fact that it is led by the community. The fact that Friendship Bench does not address mental health from a Western perspective takes away the stigma related to it. Moreover, many practitioners were sceptical of the intervention initially, as it was not evidencedbased; however, research has proven it to be an effective approach to improving mental health. Friendship Bench thus demonstrates the importance of understanding the community’s needs and involving women in health-related issues.

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4. VIOLENCE AGAINST WOMEN AND HARMFUL PRACTICES In Africa, women face violence in the workplace, educational and health institutions as well as in public social environments.

4.1. Issue Analysis Violence against women (VAW) is prevalent in public and private spheres in most countries. In Africa, women face violence in the workplace, educational and health institutions as well as in public social environments. Sexual harassment, sexual assault and trafficking of women and girls are examples of this phenomenon. In the private sphere, manifestations of VAW include domestic violence; marital rape; child, early and forced marriage; FGM; widow inheritance; and economic abuse and exploitation of girls and women. Owing to fears of stigma and community or familial reprisal, many victims and survivors do not readily access law and justice systems by reporting incidents of VAW.1333 The drivers are often embedded in patriarchal power systems and institutions in which patterns of gender subordination and stereotypes result in inequality between women and men. Unequal power relations between men and women have bred VAW, with women being disproportionately affected as the targets and victims. The Maputo Protocol1334 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. Article 4 prohibits all forms of VAW, calling on States Parties to enact and enforce laws prohibiting VAW and to adopt measures, as may be necessary, to ensure the prevention, punishment and eradication of all forms of VAW. The Protocol uniquely calls on governments to undertake measures to eradicate traditional and cultural beliefs, practices and stereotypes that legitimise and exacerbate the persistence and tolerance of VAW. In so doing, it casts light on societal and cultural practices that result in harm to women and girls. The Protocol defines harmful practices 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

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Over the Decade, the AU highlighted the priority of ending VAW in Africa.

on States Parties to prohibit and condemn all forms of harmful practices that adversely affect the human rights of women and to adopt all necessary legislative and other measure to eliminate such practices. Such measures include creating public awareness in all sectors of society regarding harmful practices; and prohibition, through legislation and sanctions, of all forms of FGM, scarification, medicalisation and para-medicalisation of FGM and other practices in order to eradicate them. It also includes the protection of women who are at risk of being subjected to harmful practices or all other forms of violence, abuse and intolerance across Africa. Over the Decade, the AU highlighted the priority of ending VAW in Africa, as reflected in its institutional and policy frameworks at various levels. The AU Gender Policy called on all AU organs, RECs and Member States to develop and enforce explicit gender policies aligned with the UN and AU gender policies, emphasising the elimination of all forms of discrimination and VAW. The AU Gender Strategy 2018–2027 integrates VAW as a cross-cutting theme running through all its pillars. The AU Women, Gender and Development Directorate (WGDD) includes a focus on VAW in its mandate. The African Commission on Human and Peoples’ Rights has had the mechanism of Special Rapporteur on the Rights of Women in Africa since 1998,1335 whose mandate includes addressing VAW. In 2010, the AU launched a Continental Initiative to End Female Mutilation and Save 50 Million Girls at Risk. This aimed to stimulate political action to enforce strong legislation, increase the allocation of financial resources and strengthen partnerships to end FGM, in particular within communities most impacted by the harmful practice.1336 In 2014, the AU launched its Campaign to End Child Marriage to accelerate the end of this harmful practice in Africa and to increase awareness of its effects.1337 The AU declared 2015 the Year of Women’s Empowerment and Development Towards Africa’s Agenda 2063, and 2016 the African Year of Human Rights with a Particular Focus on the Rights of Women. Both years underscored the importance of realising women’s rights and, for example, eliminating VAW as stipulated in the Maputo Protocol and other international agreements. The Solemn Declaration on Gender Equality in Africa called on the AU to embark on a sustained public campaign against GBV. Echoing this, the AU Gender Strategy, under Pillar 3 on Women’s Rights, establishes the need for an AU targeted campaign to reduce GBV by a third by 2023, in line with Agenda 2063. In 2020, the AU’s WGDD began developing a framework for the AU Campaign on Ending Violence Against Women and Girls to accelerate the implementation of agreed obligations to prevent and end this practice.1338

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FIGURE 21.

MAP OF NATIONAL LEGAL PROVISIONS ON VAW AND HUMAN TRAFFICKING

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Liberia

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola Countries without specific laws on domestic violence, sexual harassment, or human trafficking. (May have partial provisions in place)

Malawi Zambia Mozambique

Countries with laws on human trafficking, but not sexual harassment or domestic violence Countries with laws on sexual harassment and human trafficking, but not domestic violence

Mauritius Namibia

Botswana

Countries with laws on domestic violence and human trafficking, but not sexual harassment Countries with laws on domestic violence and sexual harassment, but not human trafficking Countries with laws on domestic violence, sexual harassment, and human trafficking

Madagascar

Zimbabwe

Eswatini

Lesotho South Africa

No Data

Sources: International Labour Organization (ILO) and the United States Department of State Trafficking in Persons Reports.

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4.2. Laws, Policies, Strategies/National Action Plans About 31 countries adopted constitutional provisions during the AWD that are considered important in prohibiting VAW and protecting women and girls from harmful practices and early marriage. These reforms included provisions prohibiting inhumane and degrading treatment and guaranteeing protection from violence. The 2016 Constitution of Côte d’Ivoire articulates that the state and public communities shall take the necessary measures to eliminate all forms of violence against women and girls.1339 In Malawi and Zimbabwe, for example, constitutional reforms also included provisions that set the legal age of marriage at 18 years. The constitutions of Burundi, Guinea and South Sudan explicitly prohibit forced marriage. The 2018 Constitution of Burundi prohibits forced marriage, stating, “that marriage cannot take place without the free and full consent of the future spouses” (Article 29).1340 The constitutional reforms in three countries (Chad, Côte d’Ivoire and Guinea) included the adoption of a provision prohibiting FGM. They also included provisions on the prohibition on slavery, human trafficking and forced labour. During the Decade, most African countries adopted legislation relevant to prohibiting harmful practices and violence against women and girls. The reforms address, for example, SGBV, domestic violence, rape, sexual harassment, human trafficking, child marriage and harmful practices such as FGM. Several countries, for example Angola, Botswana, Liberia and Uganda, enacted legislation prohibiting domestic violence. Overall, 30 out of the 48 countries in sub-Saharan Africa had laws on domestic violence in place by 2019.1341 Several countries have adopted legislation specifically addressing harmful practices such as FGM and early or forced child marriage. During the Decade, Eswatini, Malawi, Mozambique and Zimbabwe, for example, introduced legislation on child marriage. Concerning FGM, Guinea-Bissau, Kenya, Nigeria, Sudan and Uganda passed legislation criminalising the practice. In 2020, the highest governing body in Sudan ratified a law criminalising FGM, a move that came three months after the Cabinet approved amendments to the Penal Code that would punish anyone performing FGM.1342 Eight countries (Algeria, Cameroon, Central African Republic, Egypt, Guinea, Lesotho, Malawi and Mozambique) have made changes to the penal code that were relevant to protect women and girls against violence and harmful practices. These included strengthening provisions concerning rape, FGM and sexual harassment. In Cameroon, the revised Penal Code expands the forms of VAW that are now classified as criminal offences to include FGM and sexual harassment. The penal codes of Central African Republic, Guinea and Mozambique also include provisions criminalising FGM. Notably, the revised penal codes of Lesotho and Mozambique 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) have adopted legislation prohibiting trafficking. For example, in 2018, the Government of Rwanda adopted the Law on the Prevention, Suppression and Punishment of Trafficking-in-Persons and Exploitation of Others (Law No. 51/2018), prohibiting all forms of trafficking, such as human trafficking, sexual exploitation and forced labour. It imposes penalties but also includes provisions on preventing trafficking. Across Africa, countries have adopted national policies, strategies and campaigns to combat harmful practices and violence against women and girls. Several countries, such as Egypt, Kenya, Malawi, Mauritania, Namibia, South Africa and Tanzania, adopted national strategies to combat VAW during the Decade. The plans and strategies vary in scope concerning the forms of VAW addressed. For example, the 2014 National Policy on the Prevention and Response to Gender-Based Violence in Kenya takes a multi-sectoral and multi-stakeholder approach to combat GBV. The Policy focuses on various forms of violence, including sexual, physical, domestic, emotional and psychological violence, harmful cultural practices and human trafficking. A monitoring and evaluation framework will accompany it to facilitate the strategic assessment of outcomes and impact.1343 While some countries include goals to combat SGBV in their national gender plans, other countries, such as Botswana, Egypt and Zimbabwe, have launched national strategies with the specific aim of combating human trafficking. The 2011–2013 National Plan of Action Against Trafficking of Egypt, for

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FIGURE 22.

MAP OF LEGAL AGE OF MARRIAGE AT 18 YEARS-OLD

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Liberia

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Legal minimum age of marriage is below 18, or legal exceptions to the minimum age exist. No plan or campaign against child marriage

Mauritius Namibia

Botswana

Legal minimum age of marriage is below 18 or legal exceptions exist. There is a plan or campaign against child marriage Legal minimum age of marriage is 18 without exception. There is no national plan or campaign against child marriage

Eswatini

Lesotho South Africa

Legal minimum age of marriage is 18 (or older) without exception. There is a national plan or campaign against child marriage No Data

Sources: Girls Not Brides Atlas and UNICEF.

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example, provides a comprehensive approach to combat human trafficking through prevention, protection, prosecution and participation.1344 To combat early and child marriage, some states have implemented national campaigns and strategies. During the Decade, 28 countries held national launches of the AU Campaign to End Child Marriage.1345 Some, such as Mozambique and Zambia, also launched national strategies, primarily aimed at combating early and child marriage. Many African countries have undertaken necessary institutional reform aimed at strengthening the protection of women and girls against violence and harmful practices. Most commonly, countries have implemented training sessions, for law enforcement institutions such as the police and the judiciary, on domestic violence, sexual violence and VAW policies and laws. Other countries, such as Zambia, have increased the protection of and services for victims of trafficking by providing shelters. Several countries have strengthened institutional mechanisms, such as by introducing new departments or courts with a specific mandate relevant to combating violence against women and harmful practices. For example, in 2013, the Ministry of Interior of Egypt established the Department of Combating Violence Against Women. This aims to raise awareness, encourage women to report crimes of violence to the police, educate women on their rights and make support available.1346 Following the enactment of the Prohibition of FGM Act of 2011, in 2013 Kenya established the Anti-FGM Board.1347 Among the Anti-FGM Board’s functions is to advise the Kenyan government on matters relating to FGM and implementation of the Act and to design, supervise and coordinate public awareness programmes against the practice.1348 In 2014, the Ministry of Justice of Rwanda established a National Steering Committee composed of representatives from government and CSOs to fight human trafficking.1349 During the Decade, judicial rulings in, for example, Zimbabwe contributed to strengthening women’s rights and protection against violence and harmful practices, in particular concerning marriage and marital rape. In 2016, the Constitutional Court of Zimbabwe ruled that the minimum age of marriage was 18 – a significant step in protecting children, especially young girls, against child marriage. Married women’s rights were strengthened in 2010 when a judge in Botswana ruled that marital rape violated women’s rights.1350 In 2017, a public health professional in Kenya filed a petition challenging the constitutionality of the Prohibition of FGM Act on the grounds that Sections 5, 19, 20 and 21 were unconstitutional.1351 The petitioner argued that the Anti-FGM Law violated adult women’s right to practise their cultural beliefs and to do what they wanted with their bodies.1352 At the time of writing, the High Court in Kenya has not issued its ruling, which is expected in 2021. Concerning FGM, in 2018 the attorney general of Somalia announced the first prosecution against FGM following the death of a 10-year-old girl.1353 In 2020, a court in Eswatini heard a case of marital rape;1354 the ruling is pending.

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FIGURE 23.

MAP OF LEGAL PROVISIONS ON FGM AND HARMFUL PRACTICES

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone Liberia

Djibouti Benin

Côte d’Ivoire

Nigeria

Ghana

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Countries with no laws on harmful practices or FGM Countries with legal provisions on FGM, but not harmful practices Countries with legal provisions against harmful practice, but not FGM Countries with legal provisions against harmful practices and FGM

Eswatini

Lesotho South Africa

No Data

Sources: International Labour Organization (ILO), 28toomany.org, Refworld.org, WIPO Lex, Genderindex.org, The Constitute Project, and OrchidProject.org.

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A. REGIONAL ANALYSIS

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1. CENTRAL AFRICA During the Decade, several Central African countries implemented legal reforms addressing VAW and harmful practices.

1.1. Constitutional Provisions During the AWD, one country (Chad) made strong constitutional reforms directly related to combatting VAW and harmful practices. Article 19 of the 2018 Constitution of Chad not only prohibits slavery and the trafficking of human beings but also proscribes “forced labour, physical or moral torture, inhuman, cruel, degrading and humiliating treatments, physical violence, feminine genital mutilations, premature marriages as well as other forms of debasement of the human being.”1355 Concerning VAW, three countries (Burundi, Central African Republic, DR Congo) have strong provisions that predate the AWD and have been retained in subsequent amendments. The Central African Republic 2016 Constitution specifically prohibits rape (Article 3) and obligates the state to protect women and children against violence and insecurity (Article 7).1356 Similarly, DR Congo (2011) obligates the state to take measures “against all forms of violence made against women in public and in private life” (Article 14).1357 The Burundian Constitution of 2018 proscribes slavery and the traffic of slaves in all forms (Article 26).1358

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1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms During the Decade, several Central African countries implemented legal reforms addressing VAW and harmful practices. Some countries (Burundi, Central African Republic, Chad, São Tomé and Príncipe) have individual legislation in place; however, most countries have revised their penal codes. In particular, six countries (Burundi, Cameroon, Central African Republic, Chad, Gabon, São Tomé and Príncipe) have strengthened legislation by updating penal codes to criminalise a wide range of offences constituting VAW, such as rape and assault, with some penal codes addressing domestic violence as well as harmful practices. Article 87 of the 2010 Penal Code of Central African Republic defines rape as “any act of sexual penetration, of any kind, committed on the person of another by violence, coercion, threat or surprise.”1359 Under the Code, anyone who commits the crime of rape will be punished by forced labour; in cases involving a person under 18, the perpetrator will receive the maximum sentence.1360 FGM is prohibited under the 2017 revised Penal Code of Chad. The revised Code doubles the punishment for repeat offenders and gives a judge the power to close premises and to institute a ban in the case of a medical establishment.1361 Additionally, the revised Penal Code (Act No. 2016/007) of Cameroon establishes new offences relating to VAW.1362 It prohibits genital mutilation, sexual harassment and denial of pension or forced eviction of a surviving spouse.1363 Burundi’s 2017 Penal Code reinforces its 2016 GBV Law (Law 1/13). Four countries (Burundi, Central African Republic, Chad, São Tomé and Príncipe) have specific provisions on domestic violence. Concerning legal reforms during the AWD, Burundi’s 2016 Law 1/13 on the Protection of Victims and the Prevention and Punishment of Sexual and Gender-Based Violence stands out as it addresses both domestic violence and marital rape. Under the Law, domestic violence includes physical, economic, sexual and psychological violence arising within the family or home.1364 Furthermore, it considers a domestic relationship between the victim and perpetrator as an aggravating circumstance (Article 26).1365 The Law also criminalises marital rape. Anyone found guilty of marital rape is punished with imprisonment of 15–30 days and/or a fine (Article 27).1366 In addition to its revised Penal Code, Chad gave legal effect in 2018 to its 2002 Reproductive Health Law,1367 which prohibits domestic violence and sexual abuse (Article 9).1368 During the AWD, six countries (Burundi, Cameroon, Central African Republic, Chad, Gabon, São Tomé and Príncipe) revised their penal codes to criminalise sexual harassment São Tomé and Príncipe’s Penal Code of 2012 specifically mentions sexual harassment in the workplace, imposing a punishment of up to three years’ imprisonment.1369 Cameroon’s revised Penal Code of 2016 defines sexual harassment as someone abusing their authority to harass others using orders, threats, coercion or pressure to obtain sexual favours (Section 302-1).1370 It attracts a punishment of six months to one year of imprisonment and a fine. The severity of the punishment increases if the victim is a minor, and when the offender is in charge of the education of the victim. 1371 Notably, Gabon revised its Penal Code in 2019. Under offences that “constitute offenses against morals,” the Penal Code now criminalises sexual harassment with imprisonment up to six months and a fine.1372 In order to combat the high rates of child marriage and FGM across the region, several Central African countries implemented specific reforms during the Decade. Six countries (Burundi, Cameroon, Chad, Congo Republic, DR Congo and Gabon) have adopted legal reforms addressing child marriage, early marriage and forced marriage. In 2010, Congo Republic introduced the Child Protection Law, which criminalises forced child marriage.1373 All countries have varying provisions that could be used to combat FGM. During the AWD, five countries (Burundi, Cameroon, Central African Republic, Chad and Congo Republic) adopted legal reforms criminalising FGM. The 2010 Penal Code of Central African Republic criminalises FGM with imprisonment for anyone who practises it via traditional or modern methods or has knowledge of it.1374

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During the AWD, some countries included reforms combatting other forms of harmful practice, particularly harmful ceremonies and practices related to widowhood. Central African Republic’s Penal Code of 2010 criminalises acts such as beatings, violence and the depriving of food.1375 Burundi’s 2016 GBV Law criminalises cultural practices such as levirate marriages.1376 During the Decade, several Central African countries implemented laws to combat trafficking in persons. Burundi (2014), Cameroon (2011), Chad (2018) and Congo Republic (2019) have adopted individual legislation related to the prevention and repression of trafficking in persons. Meanwhile, Central African Republic (2010) and Gabon (2019) address trafficking offences in their penal codes. Gabon’s revised Penal Code 2019 explicitly included a trafficking in person’s offence for the first time.1377 Ordinance No. 006 /PR/2018 of 2018 on the Fight Against Trafficking in Persons in the Republic

Figure 24 Central Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

of Chad criminalises trafficking. Under this Ordinance, trafficking means the recruitment, transport, transfer, harbouring or reception of persons, by the threat or the use of force or other forms of coercion,

Equatorial Guinea 56.9%

Cameroon 51.1%

DR Congo 50.7%

Gabon 48.6%

Burundi 46.7%

Central African Republic 29.8%

by kidnapping, fraud, deception, abuse of authority or a situation of vulnerability or by offering or accepting payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation. Exploitation covers both labour and sexual exploitation.1378 In 2011, Cameroon adopted Law No. 2011/024 Relating to the Fight Against Trafficking and Trafficking in Persons. The Law applies to trafficking in persons for the purposes of the exploitation or procuring of persons, including sexual exploitation,

Chad 28.6%

exploitation of the labour of persons or forced services, slavery or similar practices, servitude or organ harvesting. Anyone convicted is punished by imprisonment and a fine. If the perpetrator is either an ascendant, a guardian or a person providing customary custody of the victim, the penalties are doubled.1379

No data available for Congo Republic and São Tomé and Príncipe. Source: OECD (2020) “Violence against women (indicator)” .

1.2.2. Policy and Institutional Reforms Throughout the AWD, countries in the region undertook various reforms and campaigns to eradicate VAW and harmful practices. Cameroon (2016),1380 Chad (2015),1381 Gabon (2017)1382 and DR Congo (2016)1383 launched national campaigns as part of the AU’s Campaign to End Child Marriage in Africa. Chad also adopted the Roadmap to Ending Child Marriage and FGM 2019–2023. DR Congo’s five-year National Action Plan to Combat Child Marriage (2017–2021) aims to better protect and support children and reduce the number of marriages before age 18.1384 The Plan also seeks to improve the legal and regulatory framework for child protection and sensitise families, children and community and other leaders on early and child marriage consequences.1385 Several countries, such as Burundi, Cameroon, DR Congo and São Tomé and Príncipe, have implemented national plans aimed at eradicating VAW. The DR Congo National Roadmap of the Call to Action for Protection Against Gender-Based Violence 2018–2020 takes a multi-sectoral approach. It focuses on, among others, strengthening policies and institutional standards to fight GBV and for gender equality, improving the effectiveness of the fight against GBV and mitigating risks of GBV in emergency and humanitarian situations.1386 The 2012 National Strategy to Combat Violence Against Women in Cameroon established health and financial assistance for victims, set up a hotline for victim support and the reporting of cases and implemented awareness-raising activities at the national and local levels.1387 Cameroon, Central African Republic and Chad adopted specific strategies to eradicate FGM. Chad, for example, implemented the Costed Roadmap for Ending Child Marriage and Female Genital Mutilation 2019–2023. This focuses on six pillars: consolidation

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of the legal, institutional and policy framework; development of a communications and mobilisation campaign; improvement of access to services and attention to victims/survivors; capacity-building of social agents; improvement of infrastructure; and improvement of coordination, monitoring and evaluation.1388 During the AWD, many Central African countries also undertook institutional reform related to VAW and harmful practices. Many countries have introduced reforms to increase access to justice. Burundi, Cameroon, Congo Republic and DR Congo all undertook institutional reform to strengthen the law enforcement (police) response in cases of VAW. Congo Republic created special units within police stations to deal with VAW and dedicated phone lines to allow anonymous reporting.1389 Burundi established gender focal points in all police stations and in courts of appeal, courts of first instance and public prosecutor’s offices.1390 Cameroon established gender desks dedicated to the prevention and care of survivors within three different police stations.1391 Chad also established help centres for survivors of VAW.1392 To address trafficking, DR Congo established a National Committee on Combating Trafficking in Persons and Migrant Smuggling within the Ministry of Internal Affairs in 2019.1393 In 2018, Central African Republic established the National Committee to Combat Gender-Based Violence and Traditional Practices Harmful to Women, including forced marriage.1394 The National House of Women in Chad, inaugurated in 2014, provides awareness-raising, training, supervision and psychosocial care of victims of violence.1395

1.3. Challenges and Gaps The analysis of trends in legal, policy and institutional reform concerning VAW and harmful practices reveals progress but also highlights challenges and gaps. First, not all Central African countries have legal provisions on VAW and harmful practices. For example, in some Central African countries the law does not prohibit domestic violence. In most countries in the region, except for Burundi and São Tomé and Príncipe, marital rape is not criminalised. Although there are laws criminalising rape, these often do not include provisions explicitly criminalising marital rape. For example, while Cameroon’s Law No. 2016/007 criminalises attacks on women, such as rape (Article 296), it does not consider marital rape.1396 Moreover, there are delays in adopting legislation on VAW in some countries. For example, in 2015, the Committee on the Elimination of Discrimination Against Women urged Equatorial Guinea to adopt and enforce the Comprehensive Protection Bill to Prevent, Punish and Eliminate Violence Against Women.1397 Based on the sources consulted, it does not appear that this Bill has become law. Similarly, Republic of Congo has not yet passed a draft bill combatting violence against women and girls.1398 While all countries, except DR Congo1 and São Tomé and Príncipe, have laws on trafficking in persons, the practice continues, in some instances because of inadequate enforcement of existing laws. While Chad’s Law 06/PR/2018 designated the National Committee to Combat Trafficking in Persons as the lead entity in this regard, at the time of writing the government has not yet officially established or staffed this.1399 Moreover, in countries where laws on trafficking exist, these do not criminalise all forms of trafficking. For example, Gabon’s amended Penal Code 2019 criminalises only a few forms of sex and labour trafficking.1400 Additionally, some countries do not have strategies to combat trafficking in person, and lack or resources and coordination mean few cases are prosecuted. Second, prevalence of child marriage remains high in the region. All countries, except Gabon, have set the legal age of marriage at 18. However, exceptions in the law, such as for parental, guardian or court consent, mean girls can be married under the age of 18. Equatorial Guinea sets the legal age of marriage at 18 but a judge can waive this to 14 years with parental and the minor’s consent.1401 While the Family Code of Central African Republic explicitly sets the age at 18 for both parties, it also allows exceptions to this. Notably, the general prosecutor can grant an exception for “serious

DR Congo lacks a comprehensive bill on human trafficking, however individual legislation is reportedly before the National Assembly for adoption” U.S. Department of State (2020) “Trafficking in persons report, 20th edition”, p. 164.

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reasons at the request of the interested party.”1402 The broadness of the term “interested party” and the undefined nature of “serious reasons” leaves gaps here. Moreover, in countries where child marriage is a crime, the practice continues often with impunity. In 2017, the UN Human Rights Council Working Group observed that, while child marriage is a criminal offence in Chad, it continues to go wholly unpunished.1403 Additionally, the existence of conflicting legal systems in many countries hampers the eradication of child marriage. Moreover, few countries in Central Africa implemented national strategies or campaigns to eradicate child marriage during the AWD. Third, despite efforts to eliminate it through legislative and policy reforms, FGM continues to be practised, in part because of gaps in legal frameworks and weak law enforcement. While the 2016 Revised Penal Code of Cameroon criminalises genital mutilation, it does not have an “explicit definition of FGM nor reference solely female genitalia.”1404 Moreover, the Code provides exceptions when the act is “performed by a qualified person and where to save a life.”1405 In countries where FGM is prohibited, the practice continues underground and across borders.1406 Lack of data hampers understandings of how prevalent cross-border FGM is. Insufficient resources and institutional capacity may limit the impact of the implementation of national strategies such as combatting FGM. Finally, as the number of internet users, particularly through smartphones, grows in the Central African region, online violence against women (OVAW) increases. Few countries in the Central African region have adopted and enforced laws to prohibit OVAW. While the 2010 Law on Cybersecurity and Cybercrimes of Cameroon contains provisions on child pornography (Article 81), it does not contain any prohibitions on OVAW.1407 Conflict and unrest in the region disproportionately affect women and girls, who are at a higher risk of VAW, trafficking, sexual abuse and exploitation. The unstable environment also hinders the development and implementation of legal, policy and institutional reform. In Cameroon, for example, several women and girls have been kidnapped, raped and forcibly married by Boko Haram.1408 Many survivors do not report VAW, such as rape or violence, owing to stigma or fear of reprisal from perpetrators.1409 Patriarchal societies and firmly held beliefs contribute to the high prevalence of VAW, such as domestic violence and harmful practices such as FGM.

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2. EAST AFRICA At a minimum, the constitutional reforms stipulate that women and girls should be protected against abuse and violence.

2.1. Constitutional Provisions Several countries in the East African region adopted constitutional provisions relevant to eliminating of VAW and harmful practices during the Decade. At a minimum, the constitutional reforms stipulate that women and girls should be protected against abuse and violence. The 2010 Constitution of Kenya, the 2011 Constitution of South Sudan and the 2015 Revised Constitution of Rwanda guarantee the right to marriage based on the parties’ free consent. The 2012 Constitution of Somalia proscribes any form of VAW and prohibits circumcision of girls (Article 15).1410 Notably, Article 15.4 recognises circumcision of girls as “a cruel and degrading customary practice, and tantamount to torture.”1411 Under the 2011 Constitution of South Sudan, the government shall “enact laws to combat harmful customs and traditions which undermine the dignity and status of women.”1412 Similarly, under the 2019 Constitution of Sudan, the State commits to combatting “harmful customs and traditions that reduce the dignity and status of women (Article 49.4).1413 Sudan commits to women’s rights by putting an end to harmful customs and practices against women.1414

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2.2. Trends in Legal, Policy and Institutional Reform 2.2.1. Legal Reforms During the AWD, several countries adopted laws addressing VAW, such as on domestic violence. In Uganda, the Domestic Violence Act of 2010 criminalises domestic violence and imposes penalties of a fine or imprisonment not exceeding two years or both on persons found guilty.1415 Under the Act, domestic violence includes physical, sexual, emotional, verbal, psychological and economic abuse.1416 In Seychelles also, the Domestic Violence Act, adopted in 2020, criminalises domestic violence. It defines domestic violence as engaging in acts such as emotional, verbal, psychological, physical, sexual or economic abuse, intimidation, harassment and entering the residence or property of a person without his or her express or implied consent, where the parties do not share the same residence.1417 It also states that the minister responsible for family affairs shall provide persons affected by domestic violence with services such as medical attention, counselling and immediate transportation to a shelter.1418 Tanzania’s Criminal Procedure Act of 2018 states that bail is not allowed for someone accused of committing VAW.1419 In Comoros, Law No. 14-036/AU of 2014, relating to the prevention and repression of VAW, was promulgated by Decree No. 15-058/PR in 2015.1420 Mauritius amended the Protection from Domestic Violence Act in 2016. Under this Act, the definition of domestic violence includes “compelling the spouse or the other person by force or threat to engage in any conduct or act, sexual or otherwise, from which the spouse or other person has the right to abstain.”1421 The Amended Act further protects victims of domestic abuse and increases punishments to perpetrators.1422 In 2018, Rwanda adopted Law No. 68/2018, which criminalises sexual harassment. The Law defines sexual harassment as “repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which creates against him/her an intimidating, hostile or unpleasant situation.”1423 A person convicted of such an act is liable to imprisonment and a fine. Kenya, Somalia and Uganda have adopted legislation to eliminate harmful practices, such as FGM, which remains a significant issue in the region. In 2011, Kenya adopted the Prohibition of FGM Act, which imposes penalties on perpetrators and anyone aiding and abetting FGM. Significantly, the Act also prohibits cross-border FGM. In 2018, the Somaliland Ministry of Religious Affairs issued a fatwa to condemn the most severe forms of the practice.1424 Uganda’s FGM Act of 2010 criminalises the practice and also states that anyone aware of FGM must report it.1425 In Sudan, the country’s new transitional government has outlawed FGM through Article 141 of the Amendment to the Criminal Act in 2020, criminalising anyone who performs FGM and imposing three-year prison sentences.1426,1427 Five East countries (Madagascar, Rwanda, Seychelles, South Sudan and Sudan) have passed legislation prohibiting human trafficking. In 2014 Madagascar passed Law No. 2014-040. The Law prohibits sex and labour tracking, including sexual exploitation and forced labour and child trafficking, and imposes penalties.1428 The Government of Rwanda adopted an Anti-Trafficking Law in 2018, explicitly criminalising sexual exploitation and labour trafficking.1429 Seychelles adopted the Prohibition of Trafficking in Persons Act of 2014, criminalising trafficking.1430 South Sudan’s Labour Act of 2017 forbids the illegal movement of people in and out of the country.1431 Several countries have passed legislation criminalising rape. In 2018, Somaliland adopted the Sexual Offences Bill, which criminalises sexual crimes such as rape, gang rape and sexual assault and provides sentencing guidelines.1432 Rwanda’s Law No. 68/2018 imposes penalties on offences such as sexual torture, physical and verbal abuse and threats, rape, sexual harassment and sexual violence against a spouse. For example, Article 114 on sexual torture states that any person who causes damage to the genital organs of another person commits an offence and, if convicted, is liable to a term of life imprisonment.1433

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Some East African countries have implemented legislation on cybercrimes to address the increase in OVAW, such as harassment, stalking and distribution of images without consent. In 2011, Uganda passed the Computer Misuse Act, which criminalises cyber stalking and cyber harassment. Under Article 24, cyber harassment is defined as using a computer to make “any request, suggestion or proposal which is obscene, lewd, lascivious or indecent, or threaten to inflict injury or physical harm to the person or property of any person.”1434 Any person found guilty of committing cyber harassment is liable to a fine or imprisonment not exceeding three years or both. Ethiopia passed the Computer Crime Proclamation (958/2016) in 2016. This criminalises online acts to “intimidate, threaten, or cause fear, threat or psychological strain.” It also prohibits the dissemination of content that may damage the reputation and honour of a person.1435 In Kenya, the 2018 Computer Misuse and Cybercrimes Act includes criminalises cyber harassment and prohibits digital transfer or publication of “intimate or obscene images.”1436

2.2.2. Policy and Institutional Reforms Throughout the Decade, East African countries implemented policy reforms to eliminate harmful practices. Uganda’s National Strategy on Ending Child Marriage and Teenage Pregnancy 2014/15–2019/20 prioritises ending child marriage in the country.1437 Eritrea (2016),1438 Kenya (2017),1439 Madagascar (2015),1440 Sudan (2015),1441 and Uganda (2015)1442 all established national campaigns as part of the AU’s Campaign to End Child Marriage in Africa. In 2019, Ethiopia, Kenya, Somalia, Tanzania and Uganda adopted a joint Declaration and Action Plan to address FGM. These are notable as they also address cross-border FGM. The Plan of Action includes priority areas such as improving legislative and policy frameworks and the environment to end cross-border FGM, and effective and efficient coordination and collaboration among the five countries to end FGM within their borders.1443 Notably, the Government of Kenya has taken further steps to eradicate FGM. In 2019, Kenya adopted the National Policy for the Eradication of FGM. This adopts a multi-sectoral approach to accelerate the eradication of FGM and seeks to address trends and practices aimed mainly at avoiding the enforcement of Kenyan law on FGM.1444 Furthermore, in 2019, President Kenyatta pledged to eliminate FGM in Kenya by 2022.1445 In 2019, Ethiopia launched a five-year National Roadmap to End Child Marriage and FGM. This includes key strategies, approaches and evidence-based interventions to achieve the national target to eliminate child marriage and FGM by 2025.1446 Several East African countries have also implemented essential policy reforms to eliminate VAW. The Ugandan National Policy and Action Plan on Elimination of GBV, adopted in 2016, aims to guide stakeholders in the country to improve and expand programmes to prevent and respond to all forms of GBV.1447 The Government of South Sudan ahs developed the Standard Operating Procedures for Prevention and Response to SGBV, which establishes roles and responsibilities of all institutions involved in the prevention, protection and response to GBV.1448 In Mauritius, the National Action Plan on Intimate Partner Violence 2019–2022 establishes a roadmap to fight intimate partner violence and protect victims and survivors.1449 The Plan focuses on five areas: legislation and prosecution; prevention; capacity-building; service delivery; and M&E.1450 Madagascar has implemented the National Strategy for the Fight Against GBV 2017–2021. Other countries have strategies to eliminate GBV, such as Seychelles, through its National Plan of Action and the National Gender Plan of Action 2019–2023.1451 Several countries have undertaken institutional reforms to strengthen the implementation of national strategies and laws, and to increase the protection of women from violence and prevent harmful practices. In Seychelles, the GBV Working Group, launched in 2010, meets quarterly to oversee activities in the GBV National Plan of Action.1452 South Sudan has created units to protect survivors of VAW, prosecute perpetrators, contribute to the reduction of incidence and increase police responsiveness.1453 In 2015, Mauritius set up the National Coalition Against Domestic Violence Committee under the aegis of the prime minister. Its role includes ensuring an appropriate framework for the protection of victims of domestic violence and keeping updated statistics.1454 In Rwanda, the Ministry of Justice established a National Steering Committee to fight human trafficking in 2018. This comprises representatives of government institutions and CSOs.1455 The Ministry of

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Justice ahs also published and distributed a training manual on human trafficking to raise awareness among stakeholders.

1456

Significant court rulings have increased protection against child marriage in South Sudan and Tanzania. In 2019, a court in South Sudan annulled a child marriage, in a decision hailed by activists as it could

Figure 25 East Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

set a precedent for other girls in the country wishing to end a marriage entered into at a young age.1457 Tanzania’s Marriage Act of 1971 had set the minimum age of marriage for girls at 15 (with parental consent)

Uganda 49.9%

Tanzania 41.7%

Kenya 39.4%

Rwanda 34.4%

Madagascar 30.0%

Ethiopia 28.0%

and at 18 for boys. In 2016, the House Court ruled that part of the Act was unconstitutional, following a legal challenge from the Msichana Initiative (an organisation working on girls’ education in Tanzania) that stated that the Marriage Act violated girls’ rights to equality.1458 The attorney general of Tanzania appealed the 2016 ruling arguing that the lower minimum age “protected girls who became pregnant out of wedlock.”1459 In 2018, the Supreme Court of Tanzania upheld the 2016 court ruling that raised the age of marriage to 18.1460

No data available for Comoros, Djibouti, Eritrea, Mauritius, Seychelles, Somalia, South Sudan, and Sudan. Source: OECD (2020) “Violence against women (indicator)” .

2.3. Challenges and Gaps During the AWD, East African countries implemented significant legislative, policy and institutional reforms to eliminate VAW and harmful practices; however, challenges remain. The first concerns implementing and enforcing the prohibition of VAW and harmful practices. While nearly all East African countries have adopted laws prohibiting FGM, for example, the majority do not have constitutional provisions on harmful practices. Meanwhile, in other countries, such as Somalia, where constitutions do include provisions on harmful practices, there is no law operationalising these. This represents a significant challenge in eradicating the practice nationally and regionally. Meanwhile, not all East African countries have legislation prohibiting sexual harassment. In countries where laws on sexual harassment are in place, in most cases these address sexual harassment only in connection to the workplace. Second, even though legislation on VAW exists, in most countries the law does not explicitly prohibit marital rape, leaving East African women without legal protection and access to justice in such cases. For example, in Comoros, a wife may file a complaint against her husband but cannot seek justice as marital rape is not criminalised under the Penal Code.1461 In some countries, the definition of rape does not include marital rape; instead, rape is linked to adultery and sexual intercourse outside of marriage. Firmly held views and perceptions of gendered roles and rights in marriage contribute to the underreporting of marital rape. Third, child marriage continues to be practised in the region. All countries except Sudan have set the legal age of marriage at 18, as stipulated in the Maputo Protocol. However, in South Sudan, for example, although the legal age of marriage is 18, the prevalence rate of child marriage is the eighth highest in the world, at 52%.1462 In some countries, child marriage is made possible through legal exceptions, such as parental consent or permission from the court. Incompatible legal systems and resistance from some groups in society enable the practice of child marriage to continue. Exceptions can be used to set aside requirements for the age of marriage and deny girls and young women their right to enter marriage on giving their free and full consent. Conflict and unrest in the region challenge the implementation and enforcement of laws and policies on VAW and harmful practices. The unstable environment has placed girls and women at increased risk of violence and abuse, such as rape and sexual assault, with refugees and internally displaced persons particularly vulnerable.1463 Meanwhile, women and girls from East Africa are increasingly at risk of being trafficked for sexual exploitation and labour to the Middle East.1464 Despite this, there are few reports of prosecutions and convictions of traffickers. Inadequate resources and weak institutional capacity prevent laws and policies from being implemented and enforced.

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Another challenge observed concerns OVAW. The East African region has seen an increase in internet users, often through smartphone; with this, a growing number of women are experiencing harassment, stalking and online violence. However, the majority of East African countries do not have laws protecting women against online violence and harassment. Although some countries have laws on cyber security, these do not contain provisions relevant to prohibiting OVA, such as prohibiting sharing intimate images without consent, stalking or harassment. For example, Tanzania’s 2015 Cybercrimes Act includes provisions on cyber bullying and child pornography but does not address OVAW. This lack of legal protection makes it difficult for women to seek justice.

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3. NORTH AFRICA Following the Arab Spring, which started at the end of 2010, several countries adopted constitutional provisions that proscribe violence in all its forms.

3.1. Constitutional Provisions All countries in North Africa passed constitutional reforms during the AWD relevant to protecting women and girls from violence and harmful practices, such as on the principle of equality. Following the Arab Spring, which started at the end of 2010, several countries adopted constitutional provisions that proscribe violence in all its forms. The 2014 (rev. 2019) Constitution of Egypt guarantees protection of women from all forms of violence, and children from violence and sexual exploitation. The Egyptian Constitution also prohibits trafficking. The 2014 Constitution of Tunisia commits the State specifically to take all necessary measures to eradicate VAW. Under the 1989 (rev. 2016) Constitution of Algeria prohibits any form of physical and moral violence. In 2020, a draft Constitution was introduced in Algeria that expands upon this prohibition. Under Article 40, the State commits to protecting women from all forms of violence in all places and in all spheres. Furthermore, the State guarantees victims access to shelter and care facilities, appropriate appeal methods and free legal assistance.1465

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3.2. Trends in Legal, Policy and Institutional Reform 3.2.1. Legal Reforms Over the Decade, all North Africa governments, except for Sahrawi Arab Democratic Republic (no data found), took steps to combat VAW and harmful practices by passing legislation to protect women and girls. In 2014, the Parliament of Morocco voted to repeal the controversial law that allowed a rapist to escape punishment by marrying the victim.1466 Following the Arab Spring, three countries (Algeria, Egypt and Tunisia) adopted legislation that addresses VAW. In 2015, Algeria passed Law No. 15-19 criminalising domestic violence. This Law amended the Penal Code and increased penalties for some offences involving spouses.1467 Under the revised Penal Code, verbal and emotional abuse, even if these do not result in physical injury, are criminalised.1468 In 2017, Tunisia adopted Law No. 58 on Eliminating Violence Against Women. This applies to all forms of violence, such as physical, sexual, economic and political violence, and adopts the internationally agreed-on definition of VAW consistent with the Declaration on the Elimination of Violence Against Women.1469 To encourage women to report sexual violence, in 2020 Egypt introduced a law protecting the identity of women who come forward to report sexual harassment or assault.1470 Two countries (Egypt and Mauritania) have experience with FGM. The Government of Egypt has passed legislation to combat FGM. Decision No. 271 prohibits the practice in hospitals and clinics in Egypt, and Act No. 78 of 2016 amended the Penal Code, which now makes performing FGM punishable by imprisonment of five to seven years; if the act of FGM leads to the death of the victim or permanent disability, the sentence shall be 15 years.1471 Four countries (Algeria, Egypt, Morocco and Tunisia) have all adopted legislation to combat human trafficking. In Morocco, Law No. 27.14 on Combating Trafficking in Persons of 2016 amended the Penal Code by inserting new provisions and imposing new penalties. In 2016, Tunisia passed Organic Law No. 61 on Preventing and Combating Trafficking in Persons, implementing the country’s obligations under the Palermo Protocol and providing a comprehensive definition of trafficking. The Law is significant in that it prohibits all forms of exploitation that persons can be subjected to, especially women and children, and includes provisions on preventing trafficking and protecting and assisting victims. It also imposes penalties for trafficking that range from 10 years to life imprisonment. Furthermore, the Law stipulates establishment of a national committee to develop a national strategy to prevent and combat trafficking in persons and to propose mechanisms for assistance and protection.1472

3.2.2. Policy and Institutional Reforms Governments have adopted policy reforms that address VAW and harmful practices. Five countries (Egypt, Libya, Mauritania, Morocco and Tunisia) adopted national strategies to combat VAW during the Decade. In 2015, Tunisia adopted the National Action Plan for the Elimination of Violence Against Women.1473 This aims to disseminate information and improve the delivery of services to domestic violence survivors.1474 Both Egypt and Mauritania have adopted strategies on FGM. Mauritania has adopted two strategies covering FGM: the National Strategy on Reproductive Health 2016–2020, which recognises FGM as a health concern, and the Strategy on Accelerated Growth and Prosperity 2016–2030.1475 In addition to the National FGM Abandonment Strategy 2016–2020, Egypt adopted the National Action Plan Against Trafficking 2011–2013 and the National Strategy for Prevention of Early Marriage 2015–2020. All countries, except for Sahrawi Arab Democratic Republic, have implemented institutional reforms that address VAW and harmful practices. Most countries in region established GBV units during the Decade. Some countries (Algeria, Egypt and Morocco) have implemented training courses for public employees on how to assist victims of violence. Morocco has adopted several mechanisms: training programmes for the police and the judiciary on helping female victims of violence; special units in the police and judiciary to support women; and mechanisms in courts of first instance to

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support women victims of violence.1476 Libya’s Decision No. 380 of 2012 established a psychological support centre for victims of sexual violence, and Decision No. 455 of 2014 established the Fund for Victims of Sexual Violence. Algeria established the “Aman” database in 2018 to record and track prevalence of VAW. In 2012, Tunisia established the National Centre for Psychological Support to Women Victims of Violence. Notably, in 2019, Egypt created the first national committee to combat FGM.1477 In 2020, Egypt’s Supreme Administrative Court ruled that the practice of “urfi” (unregistered) marriages of minors represented a violation of children’s rights

Figure 26 North Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women) Morocco 30.0%

Tunisia 20.3%

and was inconsistent with the country’s practice of protecting and promoting women’s rights. The Court also endorsed Egyptian law setting the minimum age at 18 years, which it stated as being in line with the principle of Islamic Sharia. Many Egyptian girls are married before 18 through the signing of urfi contracts, with the contract officially registered only when the girl turns 18.1478

No data available for Algeria, Egypt, Libya, Mauritania and Saharawi Arab Democratic Republic.

3.3. Challenges and Gaps From the trends observed during the AWD, some challenges, gaps and contestations remain when it comes protecting women and girls from violence and harmful practices. The first gap observed concerns constitutional reform. Although most countries prohibit violence in all its forms under the constitution, there is no specific provision on the elimination of harmful practices. Second, although countries have passed legislation to protect women from violence, notable gaps remain. Only three countries (Algeria, Morocco and Tunisia) have legislation that explicitly criminalises domestic violence. While domestic violence is prohibited in Algeria, laws often do not include prevention measures, such as protection orders.1479 In Egypt, while domestic violence may be punished under the Penal Code, judges have significant discretionary power.1480 For example, if the incident occurs at home or is carried out by a relative, penalties are often reduced to a suspended sentence or a fine.1481 During the Decade, the majority of North African countries did not pass legislation criminalising domestic violence, according to the sources consulted. Moreover, legislation in North African countries does not protect women from online violence and harassment. Since the Arab Spring, the number of cases concerning sexual harassment, in person and online, has increased in many countries, and enforcement of regulations to protect women is weak or lacking. Despite legal reforms in nearly all North African countries, involving penal codes or specific laws on eliminating VAW, these do not cover the prohibition and criminalisation of marital rape. For example, in Tunisia, marital rape is not criminalised, and the Personal Status Code requires the husband and the wife to “fulfil their marital obligations according to custom.”1482 Not only are sexual relations considered a marital obligation but also this denies married women the right to seek justice and protection. In Egypt, marital rape is not considered a crime “under the constitutional principle that there is no crime and no punishment except as authorised by a legal text, such as the Penal Code.”1483 Furthermore, many laws do not clearly define rape. The Penal Code of Algeria, for example, considers rape a crime against the family and morality. It can be proved only through the use of medical expertise.1484 The Penal Code also does not recognise marital rape. Third, not all North African countries have legislation on harmful practices. According to the available data, FGM is not widely practised in many North African countries. However, it may occur among migrant communities and nomadic tribes. Not all North African countries have legislation prohibiting and criminalising FGM; where it exists, the legal protection against the practice is weak. In fact, in only two countries (Egypt and Mauritania) is the practice prohibited under the law, with programmes in existence to eliminate FGM. While Tunisia does not have legislation explicitly prohibiting the practice, the Penal Code (amended in 2017) prohibits the mutilation or partial or full removal of a woman’s sexual organ.1485 Despite these prohibitions, FGM is still performed in

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Egypt and Mauritania, given weak enforcement of the law. According to the sources consulted, no North African country implemented a national campaign as part of the AU Campaign to End Child Marriage in Africa during the AWD. All countries in North Africa, except for Sahrawi Republic (no legal provisions found), have set the legal age of marriage at 18 or higher. However, child marriage continues to be practised in most North African countries. The practice can continue in part because provisions in the law allow for exceptions. In four countries (Algeria, Libya, Morocco and Tunisia), with the permission of a judge, marriage under the legal age can take place.1486 Child marriage can also take place with permission from the parents or guardian. From the sources consulted, only Egypt adopted a national strategy to combat child marriage during the AWD. Fourth, human trafficking remains a serious concern, and the implementation of laws in this area is a challenge. Many countries in the North African region serve as a source, transit point and/or destination in the trade in human beings. Women in particular are now extremely susceptible to human trafficking.1487 In Algeria, the Penal Code criminalises trafficking but the country lacks a comprehensive anti-trafficking law that also addresses prevention and protection measures.1488 In other countries, like Morocco, the key challenge in implementing the law lies in identifying victims and encouraging them to report crimes perpetrated against them.1489 Finally, the continued existence of multiple (formal and traditional) legal systems results in conflicting interpretations of the various laws and allows for continued discrimination against women. This makes it difficult, if not impossible, for women to obtain access to justice for cases involving various forms of violence and harmful practices.

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4. SOUTHERN AFRICA

Throughout the AWD, Southern African countries adopted legal reforms relevant to eradicating VAW and harmful practices.

4.1. Constitutional Provisions Six countries (Angola, Lesotho, Malawi, Namibia, South Africa and Zimbabwe) in the Southern Africa region undertook constitutional reforms in the Decade that address VAW and harmful practices. Angola amended its Constitution in 2010 to guarantee the right to physical freedom and individual security and to prohibit trafficking in persons and forced labour.1490 Furthermore, Lesotho amended its Constitution in 2011 to provide policies for the adoption of support services, mechanisms for crime victims and compensation and assistance of vulnerable groups of victims.1491 The 2013 Constitution of Zimbabwe provides for the right to human dignity, personal security, freedom from torture or cruel, inhuman or degrading treatment or punishment, freedom from slavery or servitude and freedom from forced or compulsory labour.1492 South Africa amended its Constitution in 2012 to include protections from slavery and forced labour and protections for children.1493 Namibia’s amended Constitution 2014 states that no person shall be subject to torture, degrading punishment or inhumane treatment.1494 Malawi amended its Constitution in 2017 to exclude child marriage, raising the marriage age to 18 and aligning it with the Marriage, Divorce and Family Act 2015.1495

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4.2. Trends in Legal, Policy and Institutional Reform 4.2.1. Legal Reforms Throughout the AWD, Southern African countries adopted legal reforms relevant to eradicating VAW and harmful practices. All countries in the region, except Lesotho, have laws on domestic violence. Angola passed its Domestic Violence Act in 2011 and its implementing regulations in August 2013.1496 The Act classifies marriage with a child under the age of 14 as a public order offence, a complaint that cannot be withdrawn.1497 Zambia passed the Anti-GBV Act, 2011, which provides for the protection of victims of GBV, creates shelters for victims, both adult and children, and establishes an Anti-GBV Fund. The Act defines GBV as any “physical, mental, social or economic abuse against a person because of that person’s gender” to the person and includes violence that results in physical, sexual or psychological harm or suffering and that occurs in a domestic relationship.1498 Eswatini promulgated the Sexual Offences and Domestic Violence Act 2018, which recognises that a previous or existing relationship cannot be used as a defence for any SGBV offence, thus in effect criminalising marital rape, including any sexual act with a spouse who is a child.1499 In January 2020, the first Eswatini man was arrested for committing marital rape and tried in court.1500 Malawi’s 2015 Marriage, Divorce and Family Relations Act allows a spouse to “deny the other spouse the right to consummation on reasonable grounds.”1501 Other legislation adopted during the Decade provides protection against sexual harassment. In 2011, the South African Parliament enacted the Protection from Harassment Act, under which sexual harassment includes mental, psychological and economic harm.1502 In addition, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 6 of 2012 was passed to provide for effective prosecution and conviction of offenders.1503 Mozambique adopted a new Penal Code that criminalises sexual harassment.1504 Harmful practices appear as specific prohibited forms of abuse in several pieces of legislation, including those in South Africa, Zambia and Zimbabwe, which prohibit forced virginity testing, sexual cleansing and forced spousal inheritance.1505 FGM was criminalised in two countries (Mozambique and Zambia) during the AWD.1506 Malawi’s Gender Equality Act 2013 bans “sexual cleansing,” a cultural practice meant to cleanse girls and women after they have started menstruating (kusasa fumbi), after they have become widows (kulowa kufa) or after an abortion.1507 Some Southern African countries have passed legislation to abolish child marriage and protect children, in particular young girls. Mozambique adopted the Prevention and Combat Against Early Unions Act in 2019, which completely prohibits marriages of minors under 18 years of age.1508 The Act also imposes a penalty of two to eight years in prison and a fine for those who knowingly authorise marriage in which one or both parties are under 18 years.1509 In Eswatini, the Children’s Protection and Welfare Act of 2012 grants any person under 18 the right to refuse any customary or traditional practice that can negatively affect them.1510 The Act also penalises parents and guardians who collude with adult men to orchestrate forced child marriages through a practice known as kwendizisa.1511 Several laws have been passed that address trafficking in persons, which is still widespread in the region. Angola, Botswana, Lesotho, Malawi, South Africa and Zimbabwe adopted new legislation during the Decade, so that all SADC countries now have laws on trafficking in persons. The Eswatini Sexual Offences Act 2018 established new penalties for perpetrators of sex trafficking and new legal protections for victims of exploitation, including sex trafficking.1512 Botswana, Malawi and Namibia adopted national action plans to combat trafficking in persons.1513

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4.2.2. Policy and Institutional Reforms Southern African countries adopted national policies, programmes and strategies combating both VAW and harmful practices throughout the Decade. Eight countries (Angola, Botswana, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) developed national strategies to eradicate VAW. For example, the National GBV Strategy 2015–2020 of Botswana aims to prevent and eliminate GBV and recognises men as critical partners in achieving this.1514 Three countries implemented the AU Campaign to End Child Marriage at a national level: Lesotho (2017), Zambia (2016) and Zimbabwe (2015). A nationwide campaign was started in Angola in 2015 to discourage early marriage and ensuing early pregnancy.1515 However, in some instances pregnant girls are excluded from regular education and asked to switch to night school.1516 Malawi has adopted the National Strategy to End Child Marriage 2018–2023.1517 Four countries (Botswana, Malawi, Zambia and Zimbabwe) have adopted national action plans to combat trafficking in persons. The Zimbabwe Trafficking in Persons National Plan of Action 2016–2018 includes objectives such as establishing a sustainable national reintegration and rehabilitation programme for identified victims of trafficking.1518 It also aims to raise public awareness of trafficking in persons and to enact laws that support the Trafficking in Persons Act.1519 Institutional reforms to curb and eliminate VAW are taking place in several countries. These include the establishment of specialised courts for prosecuting SGBV in South Africa and Zambia. South Africa has had sexual offences courts for decades but has continued to upgrade and add more such courts and in 2017 developed minimum standards for this. As of 2020, there were 106 sexual offences courts nationwide.1520 Zambia began establishing GBV fast-track courts in 2016, with seven in place by 2019.1521 In Malawi, the police service established victim support units,1522 as did South Africa and Zambia. Namibia established 17 gender-based violence protection units, which operate under a multi-sectoral approach,1523 and its GBV Protection Unit in the Windhoek police facility, renovated in 2019, serves as a centre of excellence to provide victim-centred support services. 1524 Various campaigns, especially those using toll-free lines, demonstrate innovations in the fight against VAW. Botswana’s Ministry of Nationality, Immigration and Gender Affairs has adopted phone-based projects to tackle GBV,1525 and in Lesotho, through the Nokaneng Programme, victims can receive counselling via an app.1526 Angola’s Ministry of Social Action, Family and Women Promotion created a free hotline to report domestic violence in 2016,1527 as did the Botswana Police Service in 2020.1528 Namibia has a helpline managed by the police for reporting VAW and trafficking in persons.1529 Namibia’s Ministry of Gender Equality and Child Welfare, in collaboration with the National Coordinating Body and the

Figure 27 Southern Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

UN, launched the National Referral Mechanism and Standard Operating Procedures in 2019 for the identification, protection, referral and safe return of victims of trafficking.1530 South Africa’s Department of Social Welfare has a hotline as well as a text and Skype option for reporting various VAW incidents.1531 Zimbabwe’s hotline, funded by the UN Spotlight Initiative, recently expanded its operation to meet the needs of victims during the COVID-19 pandemic.1532

Lesotho 62.0%

Zambia 42.7%

Malawi 37.5%

Countries have also established capacity-building initiatives for law enforcers and first responders to develop service provision to responsive victims and survivors. Angola, Botswana and Mozambique

Zimbabwe 35.4%

Angola 34.8%

Namibia 25.0%

have introduced gender-related training for police. Botswana has standardised the treatment of survivors of VAW within the health sector, and Mozambique has established collaboration between health units and the police.1533 Countries are training law enforcement officers,

Mozambique 21.7%

South Africa 20.6%

prosecutors, magistrates and health personnel to ensure compliance and best practices when these duty-bearers interact with survivors of VAW.1534 During the Decade, courts issued important rulings related to VAW

No data available for Botswana and Eswatini. Source: OECD (2020) “Violence against women (indicator)” .

and harmful practices. In 2016, the Constitutional Court of Zimbabwe ruled that the minimum age for all marriages was 18, as specified by

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the Constitution, rather than 16 for girls, as laid out in the Marriages Act 1964. Since this ruling, there has been a push to align all legislation with this decision.1535 In Botswana, a judge ruled in 2010 that marital rape violated women’s rights,1536 even though it is not yet criminalised by law.1537

4.3. Challenges and Gaps VAW and harmful practices persist in the Southern African region, despite legal, policy and institutional reforms implemented during the AWD. First, while all countries reviewed have sexual harassment laws, these laws are confined to the workplace, except for in Eswatini, Malawi and Zambia. Second, not all Southern African countries have implemented laws criminalising marital rape. Moreover, customary law often does not recognise marital rape. In countries where marital rape is a criminal offence, victims often encounter challenges when seeking justice. For example, in Zimbabwe, a husband may not be prosecuted for raping his wife unless the attorney general has authorised the prosecution,1538 which adds an extra layer of bureaucracy to an effective and expeditious remedy. Third, although countries in the region set the age of marriage at 18 years, many allow exceptions whereby parental consent or public authority can waive the minimum age requirement. In some countries, the age of marriage is inconsistent across different laws. A significant challenge to elimination of child marriage lies in laws governing customary and some religious marriages. In the different Southern African countries, various pieces of legislation specify different ages of consent. In Eswatini, traditional forced arranged marriages continue to occur as the relevant constitutional provisions are not fully enforced legally or administratively as of 2019.1539 Fourth, firmly held cultural and religious views hinder the adoption, implementation and enforcement of legislative, policy and institutional reforms on VAW and harmful practices. Cultural norms that are tolerant of harmful practices such as marital rape or wife-beating account for high levels of domestic violence at the hands of intimate partners. Often, fear of breaking social taboos and cultures of victim-blaming and consequential silence lead to underreporting of cases of violence. Institutional reforms to curb and eliminate VAW are taking place in several countries. For the most part, these services are constrained by lack of resources and of well-trained personnel. As a result, CSOs augment the work of government by providing counselling, rehabilitation and shelters for survivors of SGBV.

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5. WEST AFRICA During the AWD, 10 West African countries implemented constitutional reforms that include provisions relevant to VAW and harmful practices, in both broader and specific terms.

5.1. Constitutional Provisions During the AWD, 10 West African countries implemented constitutional reforms that include provisions relevant to VAW and harmful practices, in both broader and specific terms. Five countries (Cabo Verde, Côte d’Ivoire, Guinea, Niger and Senegal) have constitutional provisions relevant to harmful practices. In 2012, Senegal’s 2001 Constitution was amended to include the following provisions: “The human person is sacred… Every individual has the right to life… to corporeal integrity, notably to protection against all physical mutilations” (Article 7).1540 Cabo Verde, Côte d’Ivoire (Article 5 1541 and Guinea (Article 8)1542 have enshrined the prohibition against FGM in their constitutions. Furthermore, Guinea’s 2020 Constitution prohibits underage and forced marriage.1543 The other countries’ constitutions allude to protecting citizens from harmful practices without clearly defining these. Reforms in Cabo Verde, Côte d’Ivoire and Niger also have constitutional provisions prohibiting VAW. The 2010 (rev. 2017) Constitution of Niger states that, “the State takes, among others, measures to combat the violence done to women and children in public and private life.” 1544 In Cabo Verde, Article 82 of the Constitution, amended in 2010, states that, “the law shall punish domestic violence and shall protect the rights of all members of a family.”1545

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5.2. Trends in Legal, Policy and Institutional Reform 5.2.1. Legal Reforms Several countries in West Africa implemented legislative reform addressing VAW and harmful practices in the Decade. Five countries (Benin, Gambia, Guinea, Guinea-Bissau and Nigeria) have adopted legislation on FGM. In 2011, GuineaBissau passed the Federal Law to Prevent, Fight and Suppress Female Genital Mutilation of 2011.1546 This criminalises the act of FGM with penalties of up to five years imprisonment and a fine of FCFA 5 million (approximately US$ 9043 as of 4 July 2021).1547 In Benin, Law No. 2015-08 complements the 2003 Law Prohibiting FGM by providing a definition of FGM and stating an obligation to report.1548 In Gambia, a 2015 Amendment to the 2010 Women’s Act inserts a section on the prohibition of female circumcision, which also covers the promotion of FGM and failure to report it.1549 In Guinea, Article 259 of the 2016 Penal Code prohibits the practice of FGM by “traditional or modern methods,” hence covering FGM performed by medical practitioners.1550 Six countries (Burkina Faso, Cabo Verde, Gambia, Liberia, Nigeria and Sierra Leone) have enacted legislation that specifically addresses VAW in general or domestic violence. In Cabo Verde, the law defines domestic violence “as a public crime that can be brought to the attention of public authorities by anyone and that should be treated by the judiciary as a matter of urgency and priority.” In addition, the law does not limit violence to the context of marriage, and takes into account physical, psychological, sexual, moral and financial violence and sexual harassment.1551 In Gambia, Article 6 of the Women’s Act prohibits any form of VAW, whether in public or in private life.1552 In addition, Gambia stands out for having specific legislation regarding different forms of violence: the Sexual Offences Act, which criminalises every form of sexual assault, exploitation and harassment and expands the definition of sexual assault and other coercive acts to include circumstances where the survivor is coerced into the sexual acts; and the Domestic Violence Act, which provides protection for the survivors.1553 In 2019, Liberia passed legislation that criminalises acts of violence, including physical, sexual, economic, emotional and psychological abuse; spousal violence between husbands and wives; and violence between other forms of intimate partners.1554 After 14 years of vigorous campaigning, in 2015 Nigeria passed the Violence Against Persons Act, prohibiting domestic violence and abuse and imposing imprisonment and fines for those found guilty of such crimes.1555 Moreover, Sierra Leone’s Sexual Offences Act 2012 criminalises all forms of domestic violence, including marital rape and sexual abuse of women and girls. Specifically, the Act also prohibits forced sex in marital relationships and introduces a minimum sentence of five years for offenders.1556 In Togo, the Persons and Family Code was amended in 2012 and 2014 to include provisions on VAW within the private sphere.1557 Liberia, Niger, Senegal, Sierra Leone and Togo all have legislation on sexual harassment. In Liberia, the Decent Work Act of 2016 prohibits sexual harassment in the workplace.1558 Moreover, Executive Order #38 of 6 January 2012, establishing an administrative Code of Conduct for Members of the Executive Branch of Government in Liberia, contains provisions prohibiting sexual harassment in its Articles 1.2 and 11.3.1559 Some countries have made sexual harassment punishable by imprisonment. In 2015, the Togolese Criminal Code was amended through Law No. 2015-10, which made sexual harassment punishable by one to five years imprisonment and a fine of FCFA 100,000 to FCFA 5,000,000 (approximately US$ 180 - 9,043as of 4 July 2021) or one of these two penalties.1560 Moreover, the 2012 Sexual Offences Act of Sierra Leone criminalises distribution of child pornography online and sexual harassment, including harassment via electronic mail.1561 Eight countries (Benin, Cabo Verde, Côte d’Ivoire, Liberia, Mali, Nigeria, Senegal and Sierra Leone) implemented legislative reforms on human trafficking during the Decade. In Mali, Law No. 2012-023 clearly defines trafficking of persons punishes this and related practices.1562 Some countries have adopted legislation explicitly prohibiting and criminalising trafficking in persons. The 2015 Trafficking in Persons (Prohibition) Enforcement and Administration Act of Nigeria aims to provide an effective and comprehensive legal and institutional framework for the prohibition, prevention,

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detection, prosecution and punishment of human trafficking and related offences. It also protects victims of human trafficking and promotes and facilitate national and international cooperation to meet these objectives.1563 In other countries, prohibition and criminalisation of trafficking are addressed in the penal code. Benin’s new Penal Code in 2012 criminalises trafficking of adults for sexual exploitation and labour.1564 In 2016, Côte d’Ivoire adopted a law encompassing trafficking for sexual exploitation and labour and smuggling migrants and organ trafficking.1565 In Cabo Verde, the 2015 Penal Code revision improves victim’s protection. The Revised Code establishes that the victim will not be criminally responsible for entering into the national territory illegally or participating in any capacity in illegal activities when these are a direct consequence of their victim situation.1566 Transnational cooperation has been implemented by Benin, Burkina Faso and Côte d’Ivoire to facilitate law enforcement and coordination.1567 OVAW is becoming more prevalent across West Africa. In 2020, the Parliament of Ghana passed the Cybersecurity Act. In addition to setting cyber security standards and enforcement and protecting children online, the Act also prohibits nonconsensual sharing of intimate images, threats to distribute intimate images or visual recordings and sexual extortion. A person found guilty of distributing an intimate image without the consent of the person depicted may be convicted of “a term of imprisonment of not less than one year and not more than three years” (Article 67).1568 The 2016 Law Amending the Criminal Code of Senegal makes it a crime to intentionally violate “other people’s rights to privacy by sharing their private images without their consent.”1569

5.2.2. Policy and Institutional Reforms During the AWD, Benin (2017),1570 Burkina Faso (2015),1571 Gambia (2016),1572 Ghana (2016),1573 Guinea (2017),1574 Liberia (2016),1575 Mali (2015),1576 Niger (2014),1577 Nigeria (2016),1578 Senegal (2016)1579 and Sierra Leone (2016)1580 launched national campaigns as part of the AU Campaign to End Child Marriage in Africa. Most notably, in Mali, a national committee to monitor actions and evaluations of the national campaign was formed in 2017.1581 Moreover, in 2016, Niger set up a national committee to coordinate actions to end child marriage by harmonising nationwide measures against child marriage and elaborating a multi-sector and multi-actor action plan against the practice.1582 In Togo, the 2014-2019 National Programme Against Child Marriage and Teenage Pregnancy was designed to provide social protection to girls who are married as children.1583 Moreover, in 2015, Togo used radio, television, documentaries and printed media to promote its campaign against Sexual Violence and Early Pregnancy of Young Girls.1584 Support for victims and survivors of VAW is one major aspect of the policies countries have developed. In Benin, counselling centres have been established in cities,1585 and in Burkina Faso reception points with specialised officers have been set up in police stations.1586 Raising awareness and training are another important feature of the policies developed. In Benin, the government has trained members of the judiciary throughout the country in procedures for supporting survivors of VAW.1587 In Cabo Verde, police officers, journalists and health professionals have received training on VAW.1588 Most notably, Nigeria has made progress in implementing innovative enforcement mechanisms. For example, in 2018, the Nigeria National Agency for the Prevention of Trafficking in Persons created an i-report mobile application for people to report human trafficking in the country. In 2019, the Agency created a register to keep track of offenders.1589

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Policy plans on FGM have also been enacted across the West African region. Burkina Faso adopted the National Action Plan on the Elimination of FGM 2010-–2015, and the National Strategic Plan 2016–2020 aims to reduce the prevalence rate by 20%. Gambia has incorporated training and sensitisation on FGM in the curriculum of the nursing school.1590 Many West African countries adopted institutional reform on VAW and harmful practices during the AWD. Liberia and Sierra Leone stand out in terms of their provisions to increase women’s access to justice. In Liberia, two criminal courts were established, in the counties of Montserrado and Nimba, to hear rape cases exclusively.1591 In Sierra Leone, the Ministry of Social Welfare, Gender and Children’s Affairs and the police set up a National Committee on GBV in 2010, to ensure implementation of the National Gender Plan. Moreover, the government created family support units – specialised units embedded in police stations across the country to investigate child abuse and VAW.1592 Notably, the Sierra Leonean government set up a Constitutional Review Committee in 2016 that highlighted the key contestations related to harmful practices that need to be addressed.1593

Figure 28 West Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

Other countries have also implemented specific programmes aimed at supporting survivors of sexual violence, including measures to increase access to justice and ensure adequate care. In terms of the latter, Senegal’s 2017–2021 Action Plan for the Eradication of GBV and the Promotion of Human Rights aims to guarantee “free assistance and psychological support for victims.”1594 In 2010, Mali created 10

Guinea 80.0%

Senegal 78.0%

Benin 68.6%

safe houses for women and children (two in the capital Bamako and eight in the regional capitals); in 2018, a one stop centre designed for survivors of VAW was built. In the same vein, the Malian government built women’s houses for counselling of victims of VAW in 2018.1595

Sierra Leone 45.3%

Liberia 38.5%

Mali 34.6%

The Government of Sierra Leone’s measures include free medical examinations for all victims of VAW and special family support units within police stations across the country. Moreover, in Sierra Leone, where an incident is reported every 48 hours, the president proclaimed

Côte d'Ivoire 25.9%

Ghana 24.4%

Togo 22.1%

rape and sexual violence a national emergency in 2018 and has pledged to implement further appropriate measures.1596 Some countries in the region have also made strides in training their

Gambia 20.1%

Nigeria 16.2%

Burkina Faso 11.5%

police force to deal with VAW. In 2012, the Nigerian police launched a Gender Policy to check the occurrence of VAW within the police or by its officers. Similarly, since 2016, Senegal has developed tools for the continuous training of health personnel and vast awareness programmes for magistrates and judicial police officers, specifically on

No data available for Cabo Verde, Guinea-Bissau, and Niger. Source: OECD (2020) “Violence against women (indicator)” .

the content of the law prohibiting excision. Moreover, Senegal and Togo have gradually integrated the issue of VAW into school curricula.

5.3. Challenges and Gaps Observing the trends, some gaps and contestations emerge. While many West African countries have taken steps to curb VAW and harmful practices, such practices remain prevalent. No existing legislation in certain areas and weak legal provisions in others can, in part, explain the persistence of these practices. During the AWD, some countries adopted constitutional provisions on harmful practices; others did not. In the latter, the national constitutions focus mainly on ensuring the “security of the person” from degrading acts and equality regardless of gender.

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Second, some West African countries do not have any legislation related to domestic violence. Legislative provisions often address violence in general terms. For example, Article 297 of the Senegalese Criminal Code prohibits deliberate injuries or assaults or the committing of any other violence and imposes fines and imprisonment.1597 Similarly, in Mali, while the law does not criminalise domestic violence, the Penal Code criminalises physical assault. Moreover, conflicting legal systems result in uneven protection of women against domestic violence. Under customary law, spousal abuse aimed to discipline may be permitted and often is not criminalised. In addition, while laws aim to protect women and girls against violence and harmful practices, such practices are still widespread within many West African countries. This owes to weak enforcement, partly because of strong traditions and customs within the private sphere and culturally accepted norms that dissuade women from seeking justice. A third gap concerns marital rape. While in many West African countries rape is criminalised under the penal code, laws lack specific provisions prohibiting marital rape. For example, while the Nigerian Penal Code states that whoever commits the rape will be punished (Article 284),1598 this does not explicitly address marital rape. In Burkina Faso, under Article 533-12 of the Penal Code, marital rape is not criminalised unless it is committed repeatedly or when a partner is physically unable to engage in sexual intercourse, and sanctions it only with a fine.1599 Thus, many West African women lack legal protection against marital rape. While many countries have undertaken legal and policy reforms on FGM, not all have specific legislation prohibiting it. Although Mali has the highest FGM prevalence in the region, there is no law prohibiting the practice.1600 In some countries, attempts to introduce such legislation have been unsuccessful. In Liberia, for example, the 2016 Domestic Violence Bill aimed in part to criminalise FGM; however, the clause concerning FGM was removed when voted on in Parliament.1601 FGM remains widespread in the country: reportedly, around half of Liberia’s 17 ethnic groups practise it.1602 Where FGM laws exist, they are often poorly enforced. For example, while the 2015 Violence Against Persons Act in Nigeria prohibits and penalises all those who perform FGM, it is not applied consistently, and only 12 states have reportedly banned FGM.1603 In Sierra Leone, the law does not criminalise FGM; however, the Child Rights Act states that no person may subject a child to cultural practices that dehumanise or are injurious to the physical and mental welfare of a child.1604 In 2015, the Ministry of Social Welfare, Gender and Children’s Affairs of Sierra Leone signed a memorandum of understanding with traditional leaders who practise FGM, whereby the latter committed to not initiate girls under 18 years of age.1605 In Côte d’Ivoire, the Penal Code does not specifically criminalise and punish anyone else for failing to report FGM, whether it has taken place, is taking place or is planned.1606 Weak law enforcement also means few cases are brought to court, and convictions are rare and sentences lenient. Cyber harassment, non-consensual sharing of intimate images (also referred to as “revenge porn”) and cyber stalking are growing concerns for women in the West African region. Although Benin (Digital Code of 2018) and Nigeria (Cybercrimes Act of 2015) have laws on data protection and prohibiting cybercrime, most West African countries do not have legislation prohibiting online violence against women. Finally, legal protection against child marriage is weak in many countries. In some countries, this can be explained partly by conflicting laws. For instance, in Liberia, the Domestic Relations Law 1973 sets 18 years as the minimum legal age for marriage for women. However, the Equal Right of the Traditional Marriage Law of 1998 allows girls to marry at the age of 16.1607 Other times, marriage before the legal age is permitted with the consent of the parents or a judge may grant a waiver for marriage of children under the legal age. In Togo, the 2012 Personal and Family Code sets the legal marriage age for both women and men at 18 years old; however, a judge can grant an age waiver for the marriage of children who are 16 years old, based on “substantial grounds.”1608 Multiple legal systems result in conflicting provisions on the minimum age of marriage.

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B. CASE STUDIES The Criminalisation of Female Genital Mutilation in Sudan Of the 29 countries in Africa traditionally practising FGM, Sudan ranks fourth in the number of girls and women who have undergone the practice. According to a UN report, an estimated 12.1 million (88%) girls and women in Sudan have undergone FGM.1609 Although some states in Sudan had banned FGM, these state laws were largely ignored. The laws did not seem to affect the practice’s occurrence in a meaningful way, as many see the practice as crucial for women’s reputation and marital prospects.1610 These factors called for a stricter law to end the harmful practice, which came about with the approval of the amendment to the Criminal Law. On 1 May 2020, the Sudan transitional government announced a law that entailed a three-year jail sentence for the perpetrators of the act.1611 Women were among the most repressed in Sudan under the 30 years regime of Omar al-Bashir, which ended in 2019 by a military coup d’état. During his presidency, there were reports of civil unrest cases caused by human rights violations.1612 Women faced restrictions to their freedom of movement (i.e. they could not move around freely without a male guardian) and were tried with corporal punishment if found in violation of this rule.1613 VAW was commonplace, and women suffered the consequences of injustice even more than men.1614 As a result, women’s rights activists in Sudan and abroad were at the forefront of the protest to overthrow al-Bashir. Women’s demand for democracy also called for an end to VAW and harmful traditional practices such as FGM – a demand the transitional government took seriously.1615 This was also evident from the amendment of the criminal law to criminalise FGM. The criminalisation of FGM in Sudan resulted from several years of advocacy efforts by women’s and child rights advocates, international and national organisations, international donors and community-based organisations and leaders. Later labelled the Saleema Initiative, these advocacy efforts are widely acknowledged to have laid the groundwork for the amendment of the law and its promotion.1616 The Initiative, launched in 2008 by the National Council of Child Welfare (NCCW) and UNICEF Sudan, began to eradicate FGM in 2009. The term “Saleema,” translated to imply whole, and a healthy mind and body, is meant to encourage society to view natural (uncut) female bodies more positively. In this way, it targeted leaders to change attitudes within the community regarding FGM.1617 Endorsement for the amendment in the Criminal Law, Article 141, as per recommendations from the NCCW and UNICEF, occurred in April 2020. The Article criminalises the mutilation of a woman’s genital organs and makes such an act punishable by up to three years in prison and a fine or closing the premises.1618 The Saleema Initiative effectively reduced pro-FGM social norms in Sudan through its societal mindset change strategy.1619 Furthermore, since its start in 2009, the Initiative has served as a good practice for neighbouring countries. Among these, Egypt and Somalia are currently using it as a strategy to instigate positive communication around the subject of FGM, hence advocating for the abandonment of the practice in local communities.1620 According to the partner organisations, stakeholders and health experts committed to supporting the Sudanese government in eradicating FGM, the practice’s criminalisation is just a first step of many on the road to realising a wider impact. The Saleema Initiative has ensured more sustainable reduction of FGM through its awareness-raising efforts within communities and by reaching community leaders. These efforts have contributed to shifting the mindset of these practices. Furthermore, this Initiative has served as an inspiration for the AU Continental Initiative to End FGM and Save 50 Million Girls at Risk, also referred to as the Saleema Initiative.

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I am Saleema Because I am strong in my decisions Because I am not afraid of change Because what we are learning now is more than what we knew before Because our whole society is changing for the better1621

The African Union Campaign to End Child Marriage According to UNFPA, globally, 20% of girls are married before the age of 18. Incidence of early marriage doubles in developing countries, with 40% of girls getting married before turning 18 and 12% of girls getting married before turning 15.1622 Fifteen out of the 20 countries with the highest child marriage rates are in Africa.1623 The major driving forces behind early marriage in Africa include poverty, harmful practices, religious beliefs and gaps in laws against harmful practices.1624 It is family members and close relatives, who disregard the girls consent, who arrange most child marriages on the continent.1625 Denial of rights also disrupts girls’ education, as early marriages force girls to drop out of school. Early marriage is also often followed by early pregnancy and complicated delivery, putting the young mother’s life at risk.1626 To this end, the AU Agenda 2063 and the SDGs aim to end child marriage. To reach this objective, the AU launched the Campaign to End Child Marriage in Africa on 29 May 2014.1627 The Campaign was scheduled to run for four years (2014–2017), to accelerate existing efforts to end child marriage on the continent.1628 The end was later extended to 2022 and the Campaign is currently in phase 2. The AU Campaign to End Child Marriage aims to raise continental awareness on the harmfulness of the practice, support national legal and policy frameworks that uphold human rights and instigate social movements and mobilisation at the local grassroots level. The Campaign also focuses on enhancing local governments’ capacity to ensure the sustainability of local leadership to take over even after the Campaign ends.1629 The Campaign has three major components: advocacy, monitoring and evaluation, and facilitation of technical assistance and capacitybuilding. To this end, advocacy and social mobilisation and Member States’ capacity enhancement are project outputs that quickly followed the Campaign’s launch.1630 Among the AU Campaign’s major achievements, promotion and integration of the issue on local governments’ agendas have shown the most progress. By 2017, 22 governments in Africa had launched the Campaign in their country. Most of these countries also exhibit the practice at a great scale (Chad, Eritrea, Ethiopia, Ghana, Guinea, Kenya, Liberia, Mali, Niger, Nigeria and Sudan).1631 The Campaign has been followed by other continental campaigns that have successfully promoted the same objective across several African countries. Among these, Girls Not Brides is an international partnership to end child marriage and a member of the AU Technical Committee for the Campaign. Continued efforts from implementing partners like Girls Not Brides and other CSOs on the continent are also guaranteeing the project’s sustainability in the fight towards eradicating child marriage in Africa. Ultimately, national, regional and continental synergies play a key role in ensuring accelerated progress on the AU Campaign’s goal.1632 Among the challenges facing the AU Campaign strategy, insufficient communication with local stakeholders, including national governments, has been noted. This has loosened the accountability mechanisms and systems planned for use in follow-up on national governments and ministries. However, the Campaign has also recorded significant improvements in eradicating early marriage through strategic partnerships and collaborations with similar initiatives. Such a holistic approach is recommended for future campaign interventions through four objective strategies of advocacy, watchdog, networking and research.1633

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5. WOMEN, PEACE AND SECURITY The year 2020 was a global milestone in terms of the women, peace and security agenda as it marked the 20th anniversary of United Nations Security Council Resolution (UNSCR) 1325.

5.1. Issue Analysis The year 2020 was a global milestone in terms of the women, peace and security agenda as it marked the 20th anniversary of United Nations Security Council Resolution (UNSCR) 1325, adopted in 2000. Nine more resolutions have been passed since then to address the role and interests of women in conflict, peace-building and security: 1820 (2009), 1888 (2009), 1889 (2010), 1960 (2011), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019) and 2493 (2019).1634 Of concern is the participation of women in decision-making around conflict prevention, conflict management and post-conflict recovery. Events around these phases have a significant impact on women’s rights in the sphere of socioeconomic development, transitional justice, security sector administration and governance. During the Decade, in 2015, the UNSC adopted Resolution 2250, recognising the positive contribution of (women) youth in efforts for the maintenance and promotion of peace and security. Conflicts in Africa have taken on an intrastate or interstate character, involving non-state actors and state entities. In 2011, 24% of the world’s conflicts were in sub-Saharan Africa and 11 of the world’s top countries at risk of conflict were located in Africa.1635 Despite the AU’s sustained efforts, by November 2017 there were 15 conflict situations on the continent.1636 Notably, in all 15, sex trafficking and child sex trafficking were common.1637 The Global Peace Index 2020 ranks six African countries among its bottom 11 least peaceful – Sudan, Central African Republic, DR Congo, Libya, Somalia and South Sudan (in this order).1638 Studies show that, when women are involved in peace processes, the results are 35% more likely to last 15 years1639 and that, when women’s organisations are involved in making peace agreements, they are 64% less likely to fail.1640 Despite this, most peace negotiations and mediations largely exclude women’s participation, experiences and perspectives. This is reflective of broader societal patterns of male-dominated decision-making. Even combatants’ negotiating teams tend to have few or no female combatants.1641 Furthermore, some negotiations and mediations are conducted privately, shutting out women. Traditional patriarchal institutions

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Armed conflict has been a significant problem in women’s enjoyment of their rights.

often do not integrate women as legitimate mediators, mostly because this is culturally designated as a role for men. Overall, African women are rarely appointed to key positions in defence forces in the executive, or to head parliamentary committees handling defence oversight or in court martials. Instead, women tend to form the minority of such law, order and defence forces. The culture of such institutions can be hyper-masculine or patriarchal, leading to the aggravation of sexual violence by personnel during times of armed conflict or peace, or gender-neutral responses to victims of VAW, which can reinforce the victimisation of women. Armed conflict has been a significant problem in women’s enjoyment of their rights, especially for those women who are forcibly displaced. In situations of armed conflict, pre-existing gender inequalities can exponentially disadvantage women, affecting them disproportionately during the conflict and in the recovery phase. Women who are vulnerable to various social factors, even if they are not affected through forced displacement, run the risk of suffering multi-layered and multidimensional forms of suffering. Women are affected as victims and survivors, combatants and returnees. Meanwhile, peace is not the absence of conflict. Inter-communal clashes, acts of terrorism, electoral violence or societal disturbances result in sporadically violent conflicts. They are significant and can be an indicator of pending larger conflicts. Markers of pending conflict can also include a rapid rise in the pervasiveness of sexual violence1642 and serve as an early warning indicator. Regarding peace, security and VAW, the Maputo Protocol guarantees women the right to peace (Article 10) and protects women in armed conflict (Article 11). Article 10 states that women also have the right to participate in the promotion and maintenance of peace and calls on States Parties to take all appropriate measures to ensure the increased participation of women in, among others, structures and processes for conflict prevention, management and resolution at local, national, regional, continental and international levels. Under Article 11, States Parties shall protect civilians, including women, in accordance with obligations under international humanitarian law. States Parties shall also protect asylum-seeking women, refugees, returnees and IDPs against all forms of violence, rape and other forms of sexual exploitation. They shall also ensure that, “such acts are considered war crimes, genocide and/or crimes against humanity and that their perpetrators are brought to justice.”1643 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.

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In 2014, the AU established the Office of the Special Envoy on Women, Peace and Security.

During the Decade, the AU placed due emphasis on peace-building on the continent in recognition of the negative impact of conflict on men and women. The AU has integrated the women, peace and security agenda within its Continental and Regional Policy and Structural Architecture on Peace and Security. In 2014, the AU established the Office of the Special Envoy on Women, Peace and Security to address the plight of women in conflict prevention, management and resolution, and to advocate an end to impunity around SGBV.1644 The continent’s leadership has made the links between conflict resolution, development and human rights. The 2019 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 the 2020 theme is “Silencing the Guns: Creating Conducive Conditions for Africa’s Development.” Peacekeeping is part of the AU’s mandate and key in the cessation of conflicts and protecting civilian women from impunity by armed actors. By 2018, seven of 14 UN peacekeeping missions were in Africa (Central African Republic, DR Congo, Mali, South Sudan, Sudan, and Western Sahara),1645 some of which were in cooperation with the AU. The AU draws on Members States’ national forces for personnel for its peacekeeping forces and operations, the biggest being the African Union Mission in Somalia (AMISOM). In 2014, there were reports of SGBV against civilians by individuals in the AMISOM operations, leading the AUC to investigate and recommend policy and practice changes.1646 To ensure gender-responsive peacekeeping, the AU adopted on 29 November 2019 two key policies to 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. Countries that send peacekeeping forces to the AU missions are bound to observe these codes of conduct. The AU also founded the Network of African Women in Conflict Prevention and Mediation (FemWise) as a subsidiary of the AU Panel of the Wise.1647 The Peace and Security Commission planned to recruit and train 100 women mediators drawn from the continent by 2018, to support mediation efforts in Burundi, Central African Republic, DR Congo, Mali and South Sudan. The efforts of the African Union Commission (AUC) were in recognition of the low capacity of skilled women in mediation, especially high-level mediation. Various other peace networks for women exist at country and regional level.1648

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FIGURE 29.

STATUS OF ADOPTION OF NATIONAL ACTION PLANS (NAPS)

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Liberia

Nigeria

Ghana

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Eswatini

Lesotho South Africa

Countries that have had a National Action Plan (NAP) Countries that have never had a NAP on Women, Peace and Security Source: PeaceWomen.org (2021)

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5.2. Laws, Policies, Strategies/National Action Plans During the AWD, some countries (Angola, Burundi, Chad, Côte d’Ivoire, DR Congo, Egypt, Sudan and Zimbabwe) undertook constitutional reforms that address aspects relevant to women, peace and security. The majority include provisions that address the role of the State in ensuring peace and security, establishing peaceful relations with other nations and adopting peace agreements and the role of national security forces. In Burundi and DR Congo, the respective constitutions guarantee the right to peace and security. The 2013 (rev. 2017) Constitution of Zimbabwe obligates the State and every institution and agency of the government at every level, as well as each person, to promote national unity, peace and stability (Article 10).1649 The 2012 Constitution of Somalia includes a provision on security forces and gender; Article 127(2) on the principles for security forces states that, “every Somali citizen is entitled to be considered for positions in the national armed forces at all levels, without discrimination, and the rights of women shall be protected in this respect.”1650 Of particular note is the 2019 Constitution of Sudan. Under Chapter 15 on Comprehensive Peace Issues, during the transitional period the State agencies shall work on implementing duties, such as applying UNSCR 1325 and relevant AU resolutions regarding the participation of women at all levels in the peace process and applying regional and international charters regarding women’s rights. Furthermore, agencies shall conduct “legal reforms that guarantee women’s rights, by repealing all laws that discriminate against women, and protecting the rights granted to them by this Constitutional Charter.”1651 Several countries have enacted policy reform in relation to women, peace and security, most commonly through the implementation of a national action plan (NAP) for the implementation of UNSCR 1325. NAPs are critical for translating the aspirations of the women, peace and security agenda into practical interventions and require the involvement of CSOs and government institutions. Out of the 55 African countries, 25 have adopted a NAP. Of those, seven (Burundi, DR Congo, Ghana, Kenya, Liberia, Nigeria and Rwanda) adopted a second NAP during the Decade, while Mali implemented its third NAP in the same period. Sudan is the latest African nation to adopt a NAP, on 10 June 2020.1652 The consultation of CSOs in the development of NAPs is sometimes narrow and, in some countries, there has been limited dissemination of the NAP; furthermore, CSOs may lack the capacity to monitor and evaluate the implementation of NAPs systematically.1653 Many countries have early warning systems on conflict detection but these do not necessarily incorporate gender-responsive indicators.1654 Over the Decade, a number of countries, including Burkina Faso, Central African Republic, Côte d’Ivoire, Gambia, Ghana, Guinea, Lesotho, Mozambique and Zimbabwe, implemented legal and institutional reforms that are considered important for the women, peace and security agenda. Several reforms have focused on establishing national peace and reconciliation commissions. In 2016, through Decree 2016-373, the Government of Côte d’Ivoire established a national committee to combat sexual violence related to the conflict. In 2015, the Government of Central African Republic adopted Organic Law 15-003 establishing the Special Criminal Court. The mandate of the Court includes investigating and adjudicating serious violations of international human rights law and international humanitarian law committed on the territory after 1 January 2003.1655 The Court specifically focuses on genocide, crimes against humanity and war crimes.1656 There are good examples of women’s successful initiatives around conflict management and peace-building. One such example is the Women’s Situation Rooms (WSRs) that monitor electoral processes to ensure that situations that could potentially trigger conflict are detected early on. The WSR initiative started in Liberia in 2011, and peace activists and organisations in countries such as Ghana, Guinea-Bissau, Kenya, Liberia, Mali, Nigeria, Senegal, Sierra Leone and Uganda have adopted this practice.1657 Local protection committees in several African countries are increasingly being acknowledged as successful peace-building architecture for community members, addressing local conflicts through alternative dispute resolution methods in day-to-day life.1658

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A. REGIONAL ANALYSIS

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1. CENTRAL AFRICA Most countries have specific provisions concerning the right to equal representation in public and private life and the right not to be excluded from political life based on gender.

1.1. Constitutional Provisions Most countries have specific provisions concerning the right to equal representation in public and private life and the right not to be excluded from political life based on gender, or there is a requirement for political parties to respect principles of gender representation enshrined in the national constitution. During the AWD, four countries (Burundi, Central African Republic, Congo Republic, Equatorial Guinea) made constitutional reforms enshrining quotas or equitable representation for women in political life. At a minimum, all countries contain constitutional provisions that could be invoked as protection from violence. These include the principle of the right to life, to moral integrity and to live free from degrading treatment or torture. Cameroon, Central African Republic, Chad and DR Congo all enshrine the notion of protection of women. During the AWD, Chad strengthened its Constitution in 2018 concerning VAW and harmful practices.1659 Notably, two countries (Central African Republic, DR Congo) have sustained conflict and instability since before or the beginning of the AWD. The Constitution of DR Congo refers explicitly to eliminating sexual violence against women,1660 while Central African Republic prohibits rape and obligates the state to protect women and children from violence and insecurity.1661

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1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms Countries in the Central African region experienced periods of conflict and instability throughout the AWD. The review has demonstrated that most countries have enacted various legal reforms concerning the participation of women in decision-making and combatting violence against women, both of which address the pillars under UNSCR 1325. In 2019, Central African Republic1662 and DR Congo1663 renewed their commitment to fighting sexual violence in conflict. Both countries renewed their existing joint communiqué agreement with the United Nations Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, from 2012 and 2013, respectively. Central African Republic commits, among others, to engage civil society, women organisations, parliamentarians and community and religious leaders in the prevention of and response to sexual violence in conflict; develop a multi-sectoral strategy to provide access to holistic services to survivors, engaging medical, psychological and legal support; and reduce impunity by bringing perpetrators to justice and protecting witnesses.1664 DR Congo’s list of commitments include training security forces in the prevention of and response to sexual violence in conflict; allocating a sufficient budget and resources to judicial and military institutions; and ensuring timely restitution payments to victims.1665 Women’s meaningful participation in peace processes has seen progress. In Central African Republic, there has been real progress regarding women’s formal participation. In 2019, fresh peace talks led to the signing of a political agreement between the government and 14 armed groups.1666 As a result of concerted advocacy campaigns, there was the meaningful inclusion of women leaders.1667 For the first time, four women were involved as formal delegates in the 2019 peace talks, including one female combatant as a signatory.1668 The 2019 political agreement thus represents notable progress for the involvement of women in Central African Republic, who have been instrumental in achieving

Figure 30 – Central Africa: Number of women peacekeepers contributed Percentage (%) of women peacekeepers out of all peacekeepers (men and women) contributed

peace, leading their communities and influencing key leaders.1669 The resulting 2019 political agreement contains commitments on behalf of all parties to reject violence against women and children and for armed groups to abstain from committing SGBV.1670 Reportedly, there has been continued participation: women continue to take part in formal monitoring mechanisms to ensure compliance by all

Cameroon 118 11% Gabon 46 10% Chad 42 3%

parties, with a reported 17% women members at national level.1671 This is an improvement compared with earlier peace processes. The consultations for the 2014 ceasefire agreement were attended by approximately 35–40% women.1672 Additionally, the 2014 agreement was signed in the presence of only two women civil society group leaders.1673 There were no women signatories, mediators and witnesses in 2008 and 2011.1674 The inclusion of women’s issues within formal peace documents is also an important aspect in

Congo Republic 25 16% Burundi 22 3% DR Congo 1 25% Central African Republic, Equatorial Guinea, and São Tomé and Principe were not contributing any troops to UN Peacekeeping in 2020. Source: United Nations.

fulfilling and protecting women’s rights post-conflict. In DR Congo, the 2013 outcome document between the government and the rebel group M23 contained a provision to “take into account the particular needs of M23’s female combatants.” The agreement also notes that amnesty does not cover crimes against humanity, including sexual violence.1675 Moving forward, the 2016 Global and Inclusive Political Agreement of the Inter-Diocesan Center of Kinshasa committed to free and fair elections with the undertaking to increase women’s political participation.1676

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1.2.2. Policy and Institutional Reforms In order to fulfil obligations under UNSCR 1325, some Central African countries have implemented a National Action Plan (NAP). Burundi, Cameroon and DR Congo all have current and up-to-date NAPs for the implementation of UNSCR 1325. Cameroon published its first NAP in 2017, covering the period 2018–2020.1677 Burundi and DR Congo published secondgeneration NAPs, for 2017–2021 and 2019–2022, respectively. Notably, DR Congo’s second NAP is comprehensive in its objectives. Among others, it includes increasing women’s political representation in peace processes and decision-making bodies to 20%.1678 Additionally, in 2015, DR Congo created a national secretariat and a provincial secretariat to better coordinate the implementation of UNSCR 1325.1679 Each country’s NAP contains frameworks identifying each priority’s corresponding activities and anticipated results, as well as assigning a responsible authority. All countries have core national gender policies addressing women’s participation in decision-making and protection from VAW. Some have additional, more focused, plans concerning peace and security. In 2019, DR Congo, with support from the UN, adopted a new action plan for the national Policy on the Prevention of Sexual Violence in Conflict. The plan aims to reduce sexual violence committed by national police officers and contribute to the overall fight against sexual violence.1680 Additionally, Cameroon also has a dedicated national plan to combat VAW, for 2017–2021.1681 This addresses the fact that VAW is often exacerbated in crisis and conflict contexts.1682 Most countries have made institutional reforms and have carried out awareness campaigns regarding the women, peace and security agenda. Central African Republic has made notable institutional reforms concerning women’s protection and the prosecution of conflict-related violence. In 2015, the country passed laws regarding the creation of a Special Criminal Court and created a Joint Unit for Rapid Intervention and Suppression of Sexual Violence Against Women and Children within the gendarmerie and police.1683 The Court is to have jurisdiction over human rights violations and war crimes, including cases of sexual violence committed since 2003, while the Joint Unit is to respond quickly to reported cases of sexual violence.1684 The Joint Unit was inaugurated by the president in 2017 and comprises 29 police and gendarmerie officers, of whom 10 are women.1685 The Court and the Joint Unit have faced ongoing operational challenges. For example, the Court still lacks the required judges.1686 In 2018, the Joint Unit handled more than 300 complaints but few resulted in prosecution.1687 However, in 2019, the government took steps to reinforce the Joint Unit’s operational capacity, including the final appointment of staff and formalising the budget pending parliamentary approval.1688 In 2020, the Central African Republic government also established a Truth, Justice, Reparation and Reconciliation Commission.1689 Throughout the AWD, countries undertook various institutional reforms to combat VAW and increase access to justice. Across the region, police stations have put in place gender desks. For example, in Cameroon, three police stations have created gender desks for VAW prevention and care.1690 Examples of reforms to the security sector include gender training for security personnel. In 2015, Burundi delivered gender training to over 1,200 members of the army.1691 Congo Republic carried out training on GBV for 600 police officers,1692 and Cameroon has reported that 150 police officers across humanitarian zones have undergone training concerning the protection of women and children.1693 To reduce violence, in a 2017 decree Central African Republic introduced background checks and security screening for ex-combatants reintegrating into the community or the national armed forces.1694 Countries have also created specialised shelters offering protection and services to victims of sexual violence. The Humura Centre in Burundi provides services to victims of domestic and sexual violence. As of September 2019, the centre had received 878 cases of domestic and sexual violence.1695 Cameroon has also reported that four spaces for the care of women in refugee sites have been strengthened, with three new spaces created to deliver psychological services related to VAW and HIV.1696 Countries have also undertaken various campaigns concerning combatting sexual violence, such as the 2015 Break the Silence campaign in DR Congo, encouraging the reporting of sexual violence,1697 and the 2008 No to Violence Against Women in Equatorial Guinea.1698 Other initiatives have included emergency hotlines for anonymous reporting of sexual violence or referrals to related services, for example in DR Congo and Republic of Congo.

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1.3. Challenges and Gaps The first gap observed regarding women, peace and security in the Central African region concerns the absence of NAPs in many countries. Of the countries in Central Africa, only three have a current NAP. In other countries, the sources consulted did not reveal a NAP adopted during the Decade, while in others the NAP had not been renewed. Central African Republic introduced a NAP in 2014; this has not been updated since 2016. While it is noted that Central African Republic has signalled that it is developing a second NAP for the period 2019–2023,1699 at the time of writing this is not yet available. Similarly, while Republic of Congo reported that workshops were held in 2018 to approve a draft plan for 2018–2022, the country does not have a publicly available NAP.1700 Equatorial Guinea does not have a NAP. It has reported that, while it does not have a NAP in place, it carries out various awareness programmes in connection with the women, peace and security agenda.1701 Similarly, Chad lacks a NAP but carries out numerous local initiatives connected to UNSCR 1325.1702 The lack of an up-to-date comprehensive NAP undermines progress in this rights area. A second gap concerns the budget allocation for policies and programmes related to women, peace and security. Inclusion of a budget and a consistent allocation of resources to implement the priority areas of the NAPs varies. For example, while Burundi and Cameroon have an estimated budget for each priority, these vary concerning dedicated budgets for each year of implementation.1703 A third gap identified concerns the inclusion of civil society and women in the peace and post-conflict processes, and in the development of NAPs. While women have been instrumental in advocating for and achieving peace and security across the region, barriers to formal participation in peace-building processes still exist for women. The CEDAW Committee recently expressed concern that women’s formal participation in peace-building processes and negotiations in DR Congo continues to be low, especially at the decision-making level. In 2016, the AUC noted that the Member States faced challenges mobilising UNSCR 1325 specifically at the grassroots level.1704 However, in 2019, 62% of the local protection and early warning mechanisms comprised at least 30% women.1705 The implementation of legal, policy and institutional reforms concerning women, peace and security in the Central African region faces significant challenges. The region has suffered and continues to face various conflicts and crises that have caused national and regional instability and insecurity. Central African Republic and DR Congo were dealing with active armed conflict throughout the AWD. UN Peacekeeping Missions are present in both countries. In Central African Republic, the Multidimensional Integrated Stabilization Mission in the Central African Republic has been present since 2014 (extended to November 2020 as of the time of writing).1706 The United Nations Organization Stabilization Mission in the Democratic Republic of Congo has been present since 2010 (extended to December 2020).1707 Other countries in the region continue to experience political and humanitarian crises. Despite governments committing to fighting SGBV in conflict, women in the Central African region face significant danger. The justice and security sectors are often inadequate in addressing sexual violence and combatting impunity. The conflicts in Central African Republic and DR Congo have been marked by high levels of sexual violence committed by armed groups and state security officials.1708 In DR Congo, in 2019 the UN documented 1,409 cases of conflict-related sexual violence, representing an increase of 34% on 2018.1709 While UN Peacekeeping Missions regularly report on cases, sexual violence in conflict often remains underreported owing to fear, stigma, the intimidation of survivors and structural barriers, such as the lack of a functioning justice system.1710 Moreover, Central African countries are experiencing instability as a result of domestic and regional unrest. Since 2015, Burundi has experienced a political and human rights crisis, with an increased threat of sexual violence perpetrated against women and girls.1711 President Pierre Nkurunziza’s announcement to seek a new term in office has resulted in extreme violence and human rights violations against the Burundian population.1712 Hundreds of thousands of refugees have fled to nearby countries including DR Congo, Rwanda, Tanzania and Uganda.1713 The Special United Nations Commission of Inquiry on Burundi has investigated the nature of human rights violations and abuses committed

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in Burundi since 2015.1714 In 2018, it documented numerous cases of sexual violence against women carried out by members of the youth league of the ruling party and by state officials such as the police, the special police and the military. Sexual violence is carried out based on the belief that the woman or her spouse supports the opposition party, as punishment for attempting to flee and as a tactic of intimidation to force a vote in favour of the ruling party.1715 Reporting on sexual violence is low owing to the fear of stigmatisation, lack of access to justice and lack of trust that the state party will take effective action.1716 The crisis in the Lake Chad Basin has caused a humanitarian crisis and insecurity in the region. In 2014, the conflict in northeast Nigeria expanded into the far north region of Cameroon, western Chad and southeast Niger. The violence has displaced an estimated 2.5 million people across the region.1717 Women and girls have been severely affected. In Cameroon, Boko Haram has kidnapped more than 1,000 people, mainly women and girls, either to stage suicide attacks or to forcibly marry armed group members.1718 Finally, while women’s meaningful participation in peace processes is essential to creating gender-inclusive responses during conflict and post-conflict phases, women continue to be represented at low numbers. It is noted that efforts have focused on increasing the number of women in the security sector. For example, in Central African Republic, with the help of the UN, targeted recruitment campaigns have increased the share of women in the police force, from 23% to 25% in 2019.1719 While Burundi’s 30% constitutional quota does not apply at the local level or in the security or defence sector,1720 it has introduced special measures to increase the participation of women in the army.1721 DR Congo has been in the process of reforming the security sector since 2004: participation of women has been weak, at 9.7% in decisionmaking bodies in the security forces and 24% in the judiciary.1722 DR Congo’s NAP notes that positive results have been seen from this reform process, including the appointment of the first women generals in the armed forces and an increase in the share of women appointed to high ranks among the police. For example, 10% of senior commission ranks are now held by women.1723

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2. EAST AFRICA Many countries in the region have NAPs pertaining to women, peace and security. Rwanda is making much progress, having implemented two NAPs in the past decade.

2.1. Constitutional Provisions In Somalia, Article 127 of the Constitution stipulates that, “every Somali citizen is entitled to be considered for positions in the national armed forces at all levels, without discrimination, and the rights of women shall be protected in this respect.”1724 Sudan’s Constitution 2019 calls for actions to combat discrimination against women that occurs during war and peace and Article 68 paragraph 3 calls for the application of “UN Security Council Resolution 1325 and the relevant African Union resolutions regarding participation of women at all levels in the peace process.”1725

2.2. Trends in Legal, Policy and Institutional Reform 2.2.1. Legal Reforms In South Sudan, despite the existence of explicit provisions in the Agreement on Cessation of Hostilities Between the Government of the Republic of South Sudan and the Sudan People’s Liberation Movement/Army (in Opposition) and the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan prohibiting sexual violence, its use as a tactic of war remained a serious concern in 2019.1726 In Sudan, the 2015 Amendment to the Criminal Act distinguished rape from adultery, but this has not yet been widely disseminated among the police in remote locations, where sexual violence is prevalent.1727

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2.2.2. Policy and Institutional Reforms Many countries in the region have NAPs pertaining to women, peace and security. Rwanda is making much progress, having implemented two NAPs in the past decade (2009–2012 and 2018–2022).1728 Rwanda also has one of the highest numbers of female peacekeepers in the world.1729 Seychelles is a member of the SADC Regional Strategy on Women, Peace and Security 2018–2022.1730 The country has formulated two action plans over the past decade: the National Gender Policy 2016 and the National Gender Plan of Action 2019, all through the Gender Secretariat of the Ministry Family Affairs.1731 Uganda has a NAP for UNSCR 1325 from 2008, prioritising women, peace and security for the nation, but also identifying the absence of prosecution of cases as one of the gaps.1732 Sudan does not have a NAP for UNSCR 1325.1733 South Sudan has a NAP on UNSCR 1325, highlighting the intention to prioritise peace and security for women as an essential issue. Training has been established for South Sudan’s defence forces to eliminate the use of sexual violence.1734 Tanzania does not have any specific actions plans but the nation does have a Gender Mainstreaming Working Group to tackle VAW,1735 while the Zanzibar Gender Policy of 2016 discusses the need to have women at the forefront of peacekeeping ventures.1736 Kenya is one of the East African countries that has already adopted a NAP.1737 The AU Office of the Special Envoy also plans to ensure the implementation of UNSCR 1325 through the adoption of NAPs for women, peace and security in more AU member countries by 2020. Madagascar is one of the seven countries stated in this proposition.1738 Rwanda’s specified goals in the next few years with regard to peace and security are increasing participation of women across sectors and levels; limiting sexual violence against women; and assisting those who are experiencing it.1739 In Sudan, women are calling for 50% female representation in peace processes, and proper methods of justice through independent factfinding missions.1740 In South Sudan, women’s groups have been able to make recommendations to the National Dialogue and Intergovernmental Authority on Development.1741 The Ugandan military has been investigating accusations of rape perpetrated by its soldiers.1742 In Sudan, women formed 15% of the negotiation delegation. 1743 In Rwanda, in the diplomatic community, 17% of women are high commissioners and 32% are female ambassadors.1744 In South Sudan’s 2015 peace process, , 15% of the negotiators were women.1745 In Uganda, women represent 4% of the armed forces.1746

Figure 31 – East Africa: Number of women peacekeepers contributed Percentage (%) of women peacekeepers out of all peacekeepers (men and women) contributed

While increased numbers of women in key positions have been recorded, there is still room for improvement, and women are at the forefront of making this a priority. In South Sudan, women campaigned for quotas, with 35% of women subsequently appointed to the transitional government.1747 Ethiopia is ensuring

Ethiopia 593 8.90% Rwanda 409 0.06% Tanzania 203 8.80% Uganda 97 14.80%

the participation of women in conflict prevention and resolution through the design and implementation of a gender-responsive training manual that targets the enhancement of women association leaders and women workers’ role in peacekeeping.1748 The House of Federation has designed the National Gender Mainstreaming Guideline to enhance the role of women at all levels of its peacebuilding process, which involves the negotiation and implementation of peace agreements through committees and task forces at both national and local level.1749 Kenya’s WSR initiative works to overcome electoral violence faced by women as candidates and voters. The

Kenya 41 26.20% Djibouti 6 3.50% Madagascar 2 15.38% Comoros, Eritrea, Mauritius, Seychelles, Somalia, South Sudan, and Sudan were not contributing any troops to UN Peacekeeping in 2020. Source: United Nations.

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process of mobilising women and youth to guarantee the protection of women in the political arena has been proposed and led by women’s groups.1750 Additionally, the Kenyan Agreement on the Principles of Partnership of the Coalition Government occurred during the post-electoral violence in 2008. Women involved in this peacekeeping process drafted recommendations that were later presented to the Kenyan National Dialogue Reconciliation Committee to negotiate peace terms.1751 According to data on women’s participation in peace processes in Africa (1992–2011),

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Kenya has appointed 33% women as lead mediators and 25% in negotiating teams, the highest figures in the sub-Saharan Africa, attesting to the country’s progressive commitment to including women in the peacekeeping process.1752

2.3. Challenges and Gaps Rwanda’s NAP identifies certain challenges. For example, despite women having increased access to more positions of power, they are often restricted to “soft,” positions such as dealing with social affairs, rather than economic or financial matters.1753 Despite Sudan’s progress on female negotiators, this was limited to one track, with another being all male.1754 In 2019, only 184 peacekeepers deployed were women, out of over 2,300.1755 Somalia is still going through a conflict, mainly with Al-Shabab, which has put a massive strain on the nation.1756 The constant and ongoing conflict has made sexual violence within these conflicts a serious concern, especially for refugees and IDPs, especially as the offenders include government parties, militias, peacekeepers and Al-Shabab.1757 The perpetrators are those who are in the role of protection and prevention, further complicating the problem. Sexual violence remains a problem in South Sudan, even though the cessation agreement between South Sudan and the Sudan People’s Liberation Movement “prohibited sexual violence.”1758 Armed clashes have led to a spike in violence and rape of girls and women,1759 and has limited victims’ access to help and aid. Furthermore, finance remains a difficulty, as the Government of South Sudan does not grant funds to women’s organisations.1760 While Seychelles has its National Gender Plan of Action 2019–2023, focused on VAW and peace and security, the funding for this has not yet been confirmed or allocated.1761 Once the Plan is funded, only then will it be possible to evaluate how all the priorities will be implemented. Earlier in the decade, Somalia’s government signed a joint communiqué with the UN regarding sexual violence in conflict, although no specific actions or strategies have yet been developed.1762 The pandemic has delayed – and may continue to delay – justice in cases of sexual violence. There have been no convictions for sexual crimes since April, owing to the closure of the courts.1763 In March 2020, Sudan signed a Framework of Cooperation with the Special Representative of the UN Secretary-General on Sexual Violence in Conflict, which aimed to support national policies, legislation and programmes on prevention and response to strengthen protection; access to medical, psychosocial, legal and socioeconomic services; collaboration on the national health, justice/legal and security systems; training and capacity-building on documentation, investigations and prosecutions; protection of victims and witnesses; and reparations for victims. It also called for engagement with tribal and religious leaders and civil society, including womenand youth-led organisations to prevent and report sexual violence and develop evidence-based advocacy to raise awareness.1764 Progress in implementation has been slow. A lack of data from many countries on women’s participation in the prevention and resolution of conflict further impedes any efforts to remedy or evaluate the situation. For instance, Mauritius does not have a record of the number of women living under any conditions of violence or conflict – that is, in armed and other conflicts or foreign occupation – including refugee women or displaced women in need of international protection.1765

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3. NORTH AFRICA The beginning of the Decade saw several protests and uprisings in many North African countries. Following this, countries passed legislation that sought to build peaceful and stable societies.

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3.1. Constitutional Provisions All North African countries enacted constitutional reforms during the Decade that include provisions relevant to women, peace and security. All constitutions, except for Libya’s, clearly articulate women’s right to participate. Under the 2015 Constitution of the Sahrawi Arab Democratic Republic, the State shall promote women and ensure their political, economic, social and cultural participation in the construction of the society and the development of the country (Article 42).1766 All countries, except for Mauritania and Tunisia, include provisions on security and safety, and articulate the State’s responsibility in providing this right. The 2014 (rev. 2019) Constitution of Egypt states that every person has the right to a secure life and that the State shall provide security for its citizens.1767 Similarly, the 2016 Draft Constitution of Libya guarantees every human being the right to peace and security and commits the State to provide peace and security to its citizens and residents within the country (Article 40).1768

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3.2. Trends in Legal, Policy and Institutional Reform 3.2.1. Legal Reforms The beginning of the Decade saw several protests and uprisings in many North African countries. Following this, countries passed legislation that sought to build peaceful and stable societies. In 2015, Libya adopted a Political Agreement that established state institutions and ensured the democratic rights of the people and included a provision on fair representation of women. Moreover, the Agreement recognised the important role of Libyan women in conflict prevention and resolution, in resolving the crisis and in peacebuilding. It also noted the need to increase women’s decision-making role concerning those efforts and their participation in the political process. The Agreement includes a goal to establish a Women’s Empowerment Unit represented in all committees and bodies and to provide it with the necessary resources.1769 Notably, women participated in the country’s peace negotiations, and three Libyan women were among the signatories of the Agreement.1770 Libya also adopted Resolution No. 119 in 2014 on the treatment of victims of sexual violence, guaranteeing them civil and criminal protection.1771 In 2016, Morocco adopted Law No. 27-14 on trafficking. This not only articulates the responsibility of the state and defines human trafficking but also imposes possible penalties on human traffickers in accordance with the severity of the crime committed. The lowest punishment is five to 10 years of imprisonment, as well as a fine.1772

Figure 32 – North Africa: Number of women peacekeepers contributed

3.2.2. Policy and Institutional Reforms

Percentage (%) of women peacekeepers out of all peacekeepers (men and women) contributed

During the AWD, only one North African country, Tunisia, adopted a NAP on the implementation of UNSCR 1325 on Women, Peace and Security (for 2018–2020). The goals of the NAP are to empower

Algeria 64 2% Egypt 47 2% Libya 14 7% Mauritania 4 0.5%

women and girls and promote their participation in building sustainable peace and stability. It also aims to contribute to the elimination of all forms of gender-based discrimination, to protect women and girls from all forms of violence before, during and after conflicts and crises and to ensure their safety and physical, psychological and mental health and security. Also, the Plan will facilitate women and girls’ access to justice and promote their participation in political life to sustain peace, resolve conflicts and combat terrorism.1773 In 2019, Egypt announced its intention to develop a NAP in time for the 20th anniversary of UNSCR 1325 on

Morocco 1 50% Saharawi Arab Democratic Republic, and Tunisia were not contributing any troops to UN Peacekeeping in 2020. Source: United Nations.

31 October 2020. The task to develop the NAP was assigned to the Cairo International Centre for Conflict Resolution, Peacekeeping & Peacebuilding with various partners.1774

3.3. Challenges and Gaps At the beginning of the Decade, several North African countries experienced political instability during the Arab Spring. The uncertain political environment in many countries has prevented or impeded actors from advancing the women, peace and security agenda and adopting, implementing and enforcing women’s rights legislation and policies. While all countries have adopted constitutional reforms, many do not contain provisions on the right to equal participation at all levels of society and to safety and security from on all forms of violence. Two countries, Algeria and Tunisia, have pending draft constitutions. While the 2016 Draft Constitution of Libya includes the right to security and peace, as well as prohibiting all forms of violence, the 2020 Draft Constitution of Algeria does not. Another barrier is the absence of women’s rights legislation and weak implementation of existing gender laws. For example, in Tunisia, rape is prohibited under the Penal Code, and domestic violence is a criminal offence punishable by imprisonment.

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However, few cases are prosecuted, and domestic violence is socially accepted.1775 Moreover, unstable environments put women and girls at particular risk. Victims of sexual violence often do not report these crimes out of fear. In many countries, there is no systematic reporting and collection of data on cases of sexual violence. Thus, many victims are denied justice and perpetrators go unpunished. A critical gap relates to the adoption of NAPs. Six North African countries have not adopted a NAP. Of those, five currently do not have any reported plans for initiating a process to adopt one. In 2019, the Government of Egypt did announce an initiative to develop the country’s first NAP.1776 The absence of NAPs poses a significant barrier to the development of peaceful and stable societies and to the protection of women and girls. Another critical area of contestation concerns awareness of UNSCR 1325 and perceptions of the need for a NAP among various actors and groups. One study has shown that there is a lack of awareness of UNSCR 1325 and of understanding of the importance of implementing a NAP for women’s rights to the benefit of society at large.1777 Even where there is such awareness, some actors do not view adopting a NAP as important or relevant to their country. They perceived such a plan as relevant only during times of war and armed conflict, and that peace-building occurs only after such situations. Internal conflicts that often lead to violence are often not seen as conflicts related to peace-building. Moreover, in many countries, lack of leadership prevents the development of a NAP and allocation of resources to such efforts.1778 Consequently, many actors also lack the tools, funding, resources and support to raise awareness and launch effective campaigns for the adoption and implementation of a NAP.1779 While North African women play a significant role in national protests and demonstrations, they have faced challenges in participating in legal, policy and institutional reforms concerning women, peace and security since the uprisings. The contribution of women to conflict resolution and building stability in post-conflict societies is often not recognised, or only marginally. There is often an unwillingness to include a gender perspective in conflict resolution and peacebuilding. Women’s rights are seen as unimportant, and unconnected to peace and security and the benefit of wider society. There is also a lack of awareness and training on women’s rights law. Furthermore, in some North African countries, there is societal acceptance of gender inequality, and negative attitudes to women’s empowerment persist.1780 Finally, there is a lack of data on women’s participation and representation in decision-making related to peace and security and building stable societies. Women participated in calls for reform. Many reportedly participated in the postconflict negotiations. However, lack of data and proper documentation prevents a clear understanding of women’s role, the extent of their participation and their ability to advocate for their needs and rights. Without adequate knowledge, the voices and participation of women risk being pushed to one side or included only symbolically. Equal representation and participation in decision-making are critical for women, and for women’s rights in connection with matters of peace and security.

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4. SOUTHERN AFRICA The SADC Protocol on Gender and Development specifically references UNSCR 1325 on women’s rights and roles in conflict management (prevention, resolution and recovery).

4.1. Constitutional Provisions There was no constitution reforms during the ten years of the African Women’s Decade that are relevant to women, peace and security in the Southern Africa region.

4.2. Trends in Legal, Policy and Institutional Reform 4.2.1 Legal Reforms The SADC Protocol on Gender and Development specifically references UNSCR 1325 on women’s rights and roles in conflict management (prevention, resolution and recovery).1781 In SADC, (excluding DR Congo), Angola and Mozambique experienced armed conflicts in the period before the AWD, with the rest of the countries experiencing relative peace, some marked by sporadic outbreaks of violence. The civil wars in Angola and Mozambique ended in 1989 and 1992, respectively, and both countries have not had recurrences to the same magnitude. Mozambique is viewed as a successful story of post-conflict transition with many positive socioeconomic and political indicators, including promotion of the rights of women in governance and other sectors.1782 Zimbabwe passed the 2017 National Peace and Reconciliation Commission Act to ensure post-conflict justice, healing and reconciliation. The Gender Unit of the Commission was established to encourage the participation of women and girls in its work, including gender equity in the structure of the Committee and its Secretariat. It also provides for the collection of gender-disaggregated data, and investigation of sexual violence as a weapon of war.1783 In 2020, three out of eight commissioners appointed to the Commission were women.1784 Refugee laws have been an important way to provide help to women forcibly displaced as a result of armed conflict in other countries. Angola updated its laws in 2015 to address the plight of vulnerable girls and women refugees. The Right of Asylum and Refugee Status Act No. 10 of 2015 covers prosecution on the grounds of sex (Sect. 5(1)(b)) and includes pregnant women and “survivors of violence and torture, including survivors of sexual and domestic violence” as particularly vulnerable, next to elders, children and people suffering from malnourishment or severe psychological problems (Sect. 28).1785 The Angola NAP contains provisions on VAW in the context of both armed and non-armed conflict1786 and introduces continuous gender-related training into the military curriculum.1787

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4.2.2 Policy and Institutional Reforms The SADC Regional Strategy on Women, Peace and Security 2018–2022 urges members to develop NAPs with an emphasis on integrating women in decision-making, security sector institutions and reform processes. This is important in integrating gender perspectives in conflict management, both preventative and remedial. Angola, Mozambique and Namibia each has a NAP on Women, Peace and Security.1788 Angola’s NAP of 2017 advocates for more women in police and peacekeeping forces.1789 More precisely, the goal is to have female representation of 40% across the board for peace negotiations; in decision-making bodies such as on defence and security, leadership positions, international missions and international organisations; and on electoral observation missions, as well as trained in defence, security and justice bodies (prison, police, army, marines, etc.) by 2020.1790 Mozambique’s NAP on Women, Peace and Security 2018–2022 introduced a quota of 30% for women in the defence and security forces.1791 It further stipulates the establishment of centres where survivors of VAW can receive physical and psychological assistance.1792 Mozambique’s Gender Policy of 2018 emphasises the inclusion of women in peace and conflict resolution, and their

Figure 33 – Southern Africa: Number of women peacekeepers contributed Percentage (%) of women peacekeepers out of all peacekeepers (men and women) contributed

representation in defence and security forces.1793 Namibia’s first NAP, launched in June 2019, emphasises reviewing security sector legislation to ensure gender-sensitive provisions, as well as fostering gender sensitivity in the security sector.1794 Namibia is committed in its National Gender Policy and NAP to deploying women to all peacekeeping missions and promoting the inclusion of more women

South Africa 183 15.8%

in peacekeeping operations, although these policies do not set out targets or quotas for this inclusion.1795

Zambia 154 15.1%

Other countries have policies and strategies with a bearing on women, peace and security, despite lacking a specific NAP. For

Malawi 55 6.2% Zimbabwe 37 56.0% Namibia 7 18.9% Angola, Botswana, Eswatini, Lesotho, and Mozambique were not contributing any troops to UN Peacekeeping in 2020. Source: United Nations.

example, in 2017, Malawi adopted a National Peace Policy, which promotes the participation of women in the peace dialogue.1796 The same year, lobbying by the Parliamentary Women Caucus resulted in the appointment of a woman vice-chair of the parliamentary Defence and Security Committee.1797 Lesotho’s Gender and Development Policy 2018–2030 stipulates the inclusion of women in decisionmaking positions in the context of armed conflict.1798 Lesotho’s High Court ruled in 2018 that discrimination based on sex or gender or against pregnant women in the military was unlawful.1799

4.3. Challenges and Gaps The women, peace and security agenda requires that, even in times of relative peace, situations that ignite conflict and result in VAW must be prevented through the maintenance of security, law, order, mediation and dialogue. However, in some instances of conflict, women are exposed to violence. The region has faced sporadic outbreaks of conflicts that have resulted in women being harmed. In the period under review, there were 60 instances of sexual violence by armed personnel against women civilians, which resulted in 24 fatalities. This sexual violence peaked in 2019, when 20 of the 60 incidents occurred. State employees were responsible for 31 incidents of sexual violence against civilians: nine in Angola, two in Lesotho, one in Malawi, three in Mozambique, one in South Africa, one in Zambia and 14 in Zimbabwe. Members of the militia were responsible for another 29 incidents.1800 Involvement of women in the security sector, such as in the police and the military, is key to fostering gender-responsive peacekeeping and conflict resolution. A positive relationship exists, for example, between women in the police and the reporting of cases of SGBV.1801 South Africa had the highest number of women in the police force of the region, with 21% at the beginning of the decade and 35% by 2017.1802 Namibia overtook South Africa, with 38% women in police in 2017.1803 At roughly the midpoint of the

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AWD (2013/14), the lowest participation of women in the police force was in Angola (9%) and Mozambique (12%),1804 with Malawi having 26%, Zimbabwe 23.1% and Botswana 26%.1805 Those countries with the highest shares of police women at this time point were Lesotho (29%), Eswatini and Zambia (33%) and Namibia (34.1%), with the highest in South Africa at 34.11%.1806 At a more senior level, in 2014, two out of six (33.3%) commissioners in Malawi were women.1807 With regard to the military, Malawi and Botswana began recruiting women into their defence forces in 1999 and 2007, respectively.1808 In Malawi, the highest rank currently held by a woman is that of lieutenant colonel.1809 Botswana recruited its first female privates in 20151810 and since 2017 women have served as commissioned officers.1811 Zimbabwe nominated its first woman as brigadier general in 2013.1812In 2017, 23% of Namibia’s defence force were women; at the same time South Africa had 30% women in the armed forces.1813 Despite this, Namibia’s NAP points out that females are not well represented at management level, as there were only 14% higher-ranking women in the defence force and 21% in the police force. Within domestic security sectors, South Africa has had particularly high representation of female soldiers. In its national military, female soldiers comprised 34% of the overall force in 2015,1814 although this proportion falls short of South Africa’s target of 40% women in its military.1815 South Africa also stands apart as the only country that allows women in front-line combat roles and as fighter pilots.1816 In 2019, South Africa had six female major generals (15%) and 46 brigadier generals (26.7%).1817 Lesotho and Mozambique had no women in the military, the lowest in the region in 2013.1818 Botswana had only 0.2% female members of its national defence force in 2010 and 1% in 2017.1819 Six countries (Eswatini, Malawi, Namibia, South Africa, Zambia and Zimbabwe) contributed troops to UN peacekeeping operations in 2020. The largest contributor was Malawi (ranking 15th globally) followed by South Africa (17th) in 2020. The next highest troop contributors were Zambia (20th), Zimbabwe (70th), Namibia (76th) and Eswatini (118th).1820 In terms of female representation, Zimbabwe ranked first, with 51.9% of its peacekeepers being women, followed by Namibia (20.5%), South Africa (16.2%), Zambia (15.1%), Malawi (6.9%) and Eswatini (0%).1821 Although women’s representation on South Africa’s UN peacekeeping force does not approach parity, South Africa contributed the largest number of women peacekeepers among Southern African countries, with 186 women, compared with Zimbabwe’s 42.1822 In 2016, Namibia peacekeeping deployments had 33% female peacekeepers from the police and 13.5% from the Defence Force.1823 Between 2010 and 2020, the proportion of women in UN peacekeeping contributions fluctuated, with a general upward trend in Zimbabwe, where representation rose from 31% in 2011 to 51.9% in 2020. In Namibia, women’s representation rose between 2010 and 2015 but then dropped from 36% in 20151824 to 20.5% in 2020.1825 Namibia has established a Gender Unit in its Ministry of Defence to promote the implementation of UNSCR 1325 in the security sector and peacekeeping forces.1826 There continue to be barriers to women’s participation in conflict resolution and peacekeeping, stemming from structural socioeconomic factors and persistent patriarchal divisions of labour.1827 For example, in Zambia, despite the Police Force setting a 30% target for female deployment to UN peacekeeping missions, the target was not met, partially because of the requirement for two years of driving experience: Zambian women are less likely to have a driver’s licence than men and likely to have less driving experience.1828 Another barrier is the challenge of deployed women leaving their families in the care of husbands, who are unaccustomed or unwilling to take care of the household.1829 Most women peacekeepers from the Zambia Police Service serve as gender and child protection officers and carry out clerical and administrative tasks within the base.1830 These roles delegate women peacekeepers to traditionally feminine responsibilities. While gender stereotypes and societal attitudes are no doubt a barrier for women in the region in considering joining the military, another deterrent is the high level of sexual harassment and sexual violence within the military and peacekeeping operations against female soldiers. Zambian peacekeepers, especially in junior ranks, experience rampant sexual harassment, particularly verbal comments.1831 Within the South African National Defence Force, 41 sexual-related cases ranging from rape and assault to harassment and crimen injuria (a South African term referring to unlawfully and

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intentionally impairing the dignity or privacy of another person)1832 were perpetrated against female members of the military by fellow uniformed soldiers in a period of 18 months between 2017 and 2019. In terms of delivery of justice for these cases, 26 of the cases have been finalised, with 13 guilty verdicts and 11 acquittals.1833 Sexual violence is also an ongoing issue among peacekeepers when deployed abroad, and there have been accusations against male peacekeepers by women in host countries. For instance, in 2017, allegations of sexual exploitation and abuse, including gang rape, were filed against six Zambian peacekeepers in Central African Republic.1834 In addition, between 2015 and 2019 in DR Congo, at least 34 allegations of sexual misconduct or violence by South African troops were filed, including rape, transactional sex, sexual abuse and exploitative relationships.1835 In 2019, the South African minister of defence created a ministerial task team to investigate claims of sexual exploitation and abuse by the South Africa National Defence Force both domestically and while deployed abroad.1836

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5. WEST AFRICA

In terms of legal reform, Gambia stands out as the country that guarantees in law women’s rights in the context of peace and security.

5.1. Constitutional Provisions There was no constitution reforms during the ten years of the African Women’s Decade that are relevant to women, peace and security in the West Africa region.

5.2. Trends in Legal, Policy and Institutional Reform 5.2.1. Legal Reforms In terms of legal reform, Gambia stands out as the country that guarantees in law women’s rights in the context of peace and security. Article 46 of the 2010 Women’s Act asserts women’s rights to a peaceful existence and to participate in the promotion and maintenance of peace. The Article also states the government’s obligation to ensure the increase participation of women in peacebuilding at all level. Furthermore, under Article 47 the State shall protect civilians, particularly women in armed conflict situations.1837

5.2.2. Policy and Institutional Reforms Past conflicts within the region have fostered a drive towards an increase in women’s participation in peace processes and defence.1 Except for Benin and Cabo Verde, all countries in the West African region implemented a NAP on the Implementation of UNSCR 1325 during the AWD. Four countries (Ghana, Liberia, Mali and Niger) maintain a current NAP. Of these countries, Mali stands out because, despite having experienced an escalation of violence in the northern part of the country, it implemented its third NAP (2019–2023) in 2019. Its previous NAPs covered the periods 2012–2014 and 2015–2017. Similarly, an increase in violence led Nigeria to adopt policy reform to protect women. In 2018, Nigeria revised its NAP to include “Gender Sensitive Early Warning and Response Strategies in Northern Nigeria” to lead capacity development efforts to strengthen women’s skills as community leaders, as well as women as peace mentors.1838

Note that data related to women’s involvement in peace and security in various government institutions is often missing or limited.

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All NAPs include the prevention of VAW, the protection of girls and women and women’s participation in peace-building initiatives. In Gambia1839 and Burkina Faso,1840 prevention encompasses the promotion and support of research on gender, peace and security. In Gambia, it also includes strengthening women organisations and CSOs through capacitybuilding. Regarding the protection of girls and women, Guinea is the only country to include protection against FGM specifically.1841 In terms of participation, Burkina Faso’s NAP includes the establishment of gender units within military bases, while Ghana’s1842 includes such units within the ministries of defence and interior. Regarding the integration of women in the military, Ghana includes a review of conditions of service for peacekeepers to ensure that specific requirements for women, such as clothing, equipment, monthly suppliers and separate facilities, are addressed. Several countries in West Africa have implemented strong policies to ensure women’s participation. Liberia’s National Strategy aims to mainstream gender within the different security institutions and for 20% women’s representation. In 2018, the first female officer was appointed deputy chief of staff of the Armed Forces of Liberia. As of 2018, there were 29% of women in the Liberian Immigration Service, 19% in the National Police, 3% in the Armed Forces and 15% in the Drug Enforcement Agency.1843 In Côte d’Ivoire, the fight against VAW committed by the armed forces is the most prominent aspect of the reforms undertaken in the women, peace and security area. The National Strategy Against Gender-Based Violence mentions the necessary reform of the security sector.1844 It notably encompasses awareness-raising initiatives and training for the military and the police on the prevention of sexual violence.1845 Côte d’Ivoire also stands out for establishing a national committee to combat sexual violence related to conflict. Appointed in 2011, Gambia’s first female army general has since led campaigns against VAW. She committed the Gambian Armed Forces to work with the Network Against Gender Based Violence and noted that the army had set up gender offices in its barracks to provide expertise on the issue.1846 Some countries have started integrating gender issues into peace agreements. While not all countries were involved in conflict within the Decade, Nigeria and Mali have made specific mention of gender issues in recent peace agreements. Mali focuses primarily on including women within the political sphere and electoral processes. A number of countries in the West African region have implemented institutional reform regarding women, peace and security. In Sierra Leone, the police revised the recruitment policy in 2014, which has led to an increase in women in police forces and peace missions. Moreover, the Government of Sierra Leone has established Rural Women Security Networks, which has led to an increase in the presence of rural women in the security sector architecture. In 2018, the Sierra Leone Armed Forces recruited 332 female military personnel.1847 Sierra Leone stands out in the region for its capacity to collect data and report on women’s participation in security-related issues. In Nigeria, the Police and Defence Academy organises periodic training on gender and encourages young women to apply as trainees. In Senegal, the 2012–2022 Strategy for Equity and Equality aims to integrate issues of gender at all levels of the army.1848 In some countries, women are also recognised as active components in peace-making processes. In the context of elections, Women’s Situation Rooms2,1849 have been deployed in Nigeria, Senegal and Sierra Leone, to reduce the risks linked to electoral violence. Gender units have been created in most security institutions, including the Liberia National Police, the Bureau of Correction and Rehabilitation, the Ministry of National Defence and the Liberia Immigration Service.1850 Finally, Sierra Leone also stands out in the region for having established Special Courts to expand the scope of international law on sexual violence. In particular, these courts have raised understanding of rape as an instrument of genocide and forced marriage as a crime against humanity.1851 Women are increasingly involved in peace and security institutions by being elected or appointed to the executive, legislature and judiciary. For example, since 2014, Togo’s three-person High Commission for Reconciliation and the Strengthening of National Unity has two women.1852 In Nigeria, in 2010, there were 16.7% women in the Internal Security

The Women’s Situation Room is a women-led initiative aimed at preventing and reducing violence during African elections.

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Figure 34 – West Africa: Number of women peacekeepers contributed Percentage (%) of women peacekeepers out of all peacekeepers (men and women) contributed

Commission, 10% in justice, 8.7% in the judiciary and 12.5% in police matters. As of June 2020, Senegal had the most female contributors in the UN by number. Burkina Faso, Côte d’Ivoire, Gambia, Ghana and Guinea have undertaken legal, policy and institutional reform addressing women,

Ghana 418 15% Senegal 136 6% Togo 116 8% Burkina Faso 90 6% Nigeria 70 22%

peace and security issues as a result of internal armed conflict or political transition. On the other hand, not having experienced conflict in recent years, Benin and Cabo Verde have not taken particular measures regarding women, peace, and security. In order to strengthen the objectives found in NAPs, states should, as Gambia has, enshrine in law the protection of women and their participation in the promotion and maintenance of peace. In terms of legal reform, Gambia stands out as the country that has guaranteed women’s rights in the context of peace and security. Article 46 of the 2010 Women’s Act asserts women’s rights to a peaceful existence and to participate in the promotion and maintenance of peace.

Niger 52

The Article also states the government’s obligation to ensure the

increased participation of women in peace-building at all levels.

Guinea 50 5% Côte d'Ivoire 45 10% Gambia 39 18% Benin 34 7% Sierra Leone 26 35% Liberia 18 15% Mali 2 6% Guinea-Bissau 1 33%

Furthermore, under Article 47, the State shall protect civilians, particularly women in armed conflict situations.1853 Several countries have established a national commission or council working on conflict prevention, resolution and on maintaining peace. In appointing members, gender representation must be a focus, as it is in Burkina Faso1854 and Gambia.1855 In Ghana, only one seat out of 13 at the National Peace Council is explicitly reserved for a woman.1856 The mandate of Gambia’s Truth, Reconciliation and Reparations Commission requires the adoption of a gender-sensitive approach in conducting its investigations regarding women, providing victims of SGBV the option of giving their testimonies in public or in camera.1857 The Ghanaian National Peace Council must strengthen its capacity for conflict prevention, management, resolution and sustainable peace in the country by including women groups.1858 In Guinea, the Provisional Commission for Reflection on National Reconciliation made 22 recommendations, one of which was to institute through legislation a Truth, Justice, and Reconciliation Commission, which would have to address human rights violations and notably rape and sexual violence, with another stating that gender should be

Cabo Verde was not contributing any troops to UN Peacekeeping in 2020. Source: United Nations.

considered in all institutional reforms.1859

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5.3. Challenges and Gaps The first gap observed concerning women, peace and security in the region is the absence of a current NAP for the Implementation of UNSCR 1325 in many of the West African countries. While many launched a NAP at the beginning of the Decade, these plans have now expired. The sources consulted did not reveal any updates or progress on implementing new NAPs.1860 Adoption of a NAP is sometimes seen as a necessity in countries where there is conflict and violence, and therefore not a priority in more peaceful societies. A second gap observed concerns weak provisions on women and civil society in the NAPs. For example, Guinea’s NAP did not provide details about the role of civil society in the implementation of the plan,1861 and Côte d’Ivoire’s NAP failed to discuss women in security forces.1862 Details on how women should be included in maintaining peace and preventing conflict are often limited or non-existent. A third gap concerns women’s participation in institutions engaged in matters concerning women, peace and security. From the data available, it is clear that overall West African women remain under-represented in general, and in particular in high ranking and senior roles. Women are more likely to occupy administrative roles rather than leadership roles. It is estimated that 1% of women occupy leadership positions in the security sector in Nigeria, and women are mostly represented in the fields of care, logistics and administration.1863 Moreover, from the data available, few women are included in peace processes. During the 2015 peace process in Mali, there was resistance as some mediators could not be convinced of the importance of women’s participation; as a result, only men were represented.1864 The first challenge observed concerns the increase in unrest. In some countries in West Africa, conflict and escalating violence represent a problem for the implementation of legislative, policy and institutional reform. Social and political unrest often leads to mass displacement of populations and humanitarian crisis, such as in Mali.1865 North-eastern Nigeria has also seen a rise in violence, owing to the growing activities of the Islamist group Boko Haram.1866 A second challenge observed concerns the lack of data regarding women’s involvement in the peace and security sector. Although some countries, such as Liberia and Sierra Leone, regularly report on women involved in the police and military, in other countries consistently gathered data is lacking. Moreover, from what data is available, it is clear that women remain under-represented in this domain. In Togo in 2010, the Defence and Security Committee, responsible for the general organisation of defence and national security, as well as recruitment, was composed of nine members, all male. The Constitutional Laws and Legislation Committee of General Administration, responsible for matters relating to the Constitution and fundamental laws and justice, was composed of 11 members, including one woman (9.1%).1867 Finally, review of the different acts establishing national commissions or councils on conflict prevention and resolution and on maintaining peace shows that, despite the objectives set up in NAPs, a gender approach is often missing. The use of the expression that “gender must be regarded” when appointing members does not guarantee equal participation of women and men. Moreover, the special needs of women, notably regarding VAW and sexual violence, are frequently not addressed. Ghana’s National Peace Council’s functions focus on conflict prevention, management and resolution and do not cover support to victims and accountability, notably regarding VAW. In Burkina Faso, the Sub-Commission for Truth, Justice and Reconciliation of the National Reconciliation and Reform Commission has as one of its mission’s documentation of any case of blood or economic crime; gender-based crimes are not included. In meeting its objectives, Gambia’s Truth, Reconciliation and Reparations Commission responds to the needs of the victims, including victims of SGBV, and details the kind of support provided, such as medical, psychosocial and livelihood support.

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B. CASE STUDIES

Uniting in Diversity: The Women Initiative for Sustainable Community Development in Plateau State, Nigeria Nigeria is an ethnically diverse country, where inter-communal violent conflict along ethno-religious lines manifests, particularly between Muslim and Christian communities in the Middle Belt region.3,1868 The Middle Belt region of Nigeria, which forms a transition zone between northern and southern Nigeria, is home to various farming communities, which tend to be Christian, and herding communities, which tend to be Muslim. The Middle Belt’s indigenous people are predominantly Christian and the Hausa-Fulani settlers are almost entirely Muslim.1869 These groups’ conflicting demands for land use exacerbate tensions between their communities and have triggered deadly attacks by armed civilians in the past two decades.1870 Violent conflict in Jos, the capital of Plateau state, has occurred since 2001, tracing its origins to the contested claims between the indigene Berom/Anaguta/ Afizere and the Hausa-Fulani settlers.1871 In this context, women’s right to security and freedom from violence is at stake, as the armed conflict has resulted in physical harm and villagers’ displacement.1872 Women and children in Nigeria have historically been disproportionately affected by violent attacks. For instance, in the 2005 conflict in Namu town, Plateau state, 76% of IDPs were women, many of whom suffered the loss of pregnancy and economic ruin as a result of the attack and subsequent displacement.1873 Women have also experienced great fear, stress and trauma through the loss of loved ones, displacement and having to care for injured family members, as well as sexual abuse and rape.1874 The government notes that north-eastern Nigeria’s insurgency has worsened existing gender disparities and spawned new ones. Progressive herder/farmer conflicts have increased the incidence of SGBV among women farmers.1875 Hajiya Amina Ahmed is Executive Director of the Women Initiative for Sustainable Community Development in Plateau state, which works to strengthen women’s leadership and engagement in peace-building initiatives, in line with UNSCR 1325 and the Maputo Protocol. She was determined to work in Jenta Adamu, a community in North Jos, Plateau state, for two reasons. Before the 2001 crisis of Jos, Jenta Adamu was a multi-ethnic community of Muslims and Christians co-existing. Since 2001, it has been prone to violent crises whose perpetrators have not been held accountable.1876 After 2001, many Muslims, both Fulani and Hausa, vacated the area, leaving homes and property. To date, displaced people fear returning to Jenta Adamu because they were targeted during the crisis. Second, Amina Ahmed, who had attended primary school in Jenta Adamu’s vicinity, wanted to revive the peaceful environment of her childhood. She longed to see Muslims eventually return and cement their relationship with Christians, and her mission became to encourage Muslims to visit Christians in the community and be accepted. Jenta Adamu was also an area benefiting from UN Women support, so Amina decided to work in there. In 2015, Amina Ahmed led a group of Christian and Muslim women involved in peace-building and conflict resolution in Plateau state, known as Women Peace Mentors, to reach out to Jenta Adamu. Despite initially facing resistance from community gatekeepers, she shifted the conversation from the religious differences between

The Middle Belt region encompasses the states of Benue, Plateau, Taraba, Niger, Kogi, Nassarwa, Kwara, Adamawa and the Federal Capital Territory alongside Southern Kaduna, Southern Bauchi, Southern Kebbi, Southern Gombe, Southern Yobe and Southern Borno.

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herself and the community members to the things that united them, thus obtaining acceptance for herself and her group in the community.1877 The community leaders mistrusted the women’s intentions because of the polarised communal dynamics. The women targeted the community’s traditional leaders – the Maiangwa – but faced initial resistance from male Christian leaders. After engaging the leaders in respectful dialogue, the women were told to go back home and wait for a response but none came. Amina and her group kept returning to the leaders until they received access to reach out to the community. The Peace Mentors, led by Amina, targeted women in the community and youth leaders through dialogue, with the message that it was better to stay in peace together than to remain segregated. They engaged women and men to talk about the increased fear and mistrust among the community members, emphasising the need for unity because, if they stayed separated, the attacks would continue. They emphasised that Christians and Muslims alike faced similar challenges and needed to value having a relationship. They set up recurring visits and dialogue and encouraged communication on concerns before they resulted in violence. After about a year, the Women Peace Mentors started seeing positive results. Five years later, Muslims now freely visit Jenta Adamu, interact with community members and leave safely, although they are yet to resettle there. Amina’s NGO is implementing a project in Jenta Adamu working with girls on SGBV, which allows for more interactions between Muslims and Christians. Amina’s organisation enjoys good relationships with community leaders, who visit the organisation’s members in their predominantly Muslim location. The Women Initiative for Sustainable Community Development Girls has been operating an SGBV project in Angwan Rogo community, which is predominantly Muslim, and bringing them together with the predominately Christian girls in Jenta Adamu to interact and co-exist peacefully. The Women Peace Mentors continually encourage the girls to accept their differences and use them to learn from each other. The traditional council of Jenta Adamu for the first time appointed two women in 2017 as a result of lobbying by the Women Peace Mentors. The latter explained that the cultural and religious crisis in the area required both men and women to be involved in decision-making and conflict resolution. This is crucial when dealing with intracommunal conflict and incidences of SGBV that have caused conflict in the community. They also explained that youth in the community listen more to women than men, so women play an essential role. One of the two women leaders appointed became a peer educator of Women Initiative for Sustainable Community Development and continues to reach out to other women in the community. The institutionalisation of women’s representation and participation in this decision-making body bodes well for inclusive peace-building and conflict resolution. Sustaining trust and confidence between Muslims and Christians despite their real and perceived differences remains a challenge as fear-mongering rumours continue to circulate within communities about the “others.” An essential step towards solidarity has been for the Women Initiative for Sustainable Community Development to dispel rumours through dialogue between religious communities. It is also important to recognise that victims of conflict on both sides of the ethno-religious divide can be resourceful resolving conflicts and building lasting peace.

Advancing Women’s Peace and Security in the Great Lakes Region: Case Study of Burundi Crisis of 2015 Soon after it gained its independence from Belgium, Burundi plunged into a long-lasting and escalating pattern of ethnic violence.1878 In 1993, war erupted following the country’s first elected leader’s assassination by military members.1879 As a result, between 1993 and 2005, an estimated 300,000 people died,1880 and more than a million were displaced.1881 In 2000, the Arusha Peace Agreement was signed, ending the war.1882 This Agreement was highly influenced by women, who participated in the consultation and negotiation process as delegates, mediators

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and observers.1883 Moreover, during the Agreement’s implementation phase, four of the 11 Commissioners appointed to the Truth and Reconciliation Commission were women.1884 However, in the post-agreement Consultations phase, the women’s movement was not particularly vocal about transitional justice.1885 In 2015, President Pierre Nkurunziza announced that he would seek a third term in office, in contravention of the Arusha Agreement. The decision brought about mass protests in the capital and an attempted coup. Following the failed coup, the state targeted both civilians and soldiers believed to be affiliated with the coup, resulting in at least 1,200 people killed and 400,000 displaced between April 2015 and May 2017.1886 It was during this time that the Women and Girls Movement for Peace and Security in Burundi (MFFPS)4 was born. This drew women of all ethnicities and various levels of previous political engagement together for the mutual cause of securing the rule of law and democracy.1887 Recognising that women have a right to peace and a right to participate in peace-building, as per UNSCR 1325, the International Conference of the Great Lakes Region Civil Society Forum under the leadership of Akina Mama wa Afrika (AMwA) in collaboration with the Women’s International Peace Centre (formerly Isis–Women’s International Cross Cultural Exchange (WICCE)) organised a reflection and consultative meeting for women responding to the Burundi conflict in 2015 as part of its efforts to promote women’s leadership in promoting sustainable peace, stability and economic recovery.1888 AMwA targeted Burundian women human rights defenders and those wishing to mobilise to end the Burundi conflict and work towards peace. A safe space was created to deliberate on the crisis and develop a collective way forward.1889 To support Burundian women and build their capacity to organise and movement-build, AMwA and partners built on the gains of other women’s rights defenders across the continent and harnessed their collective knowledge and insights to uplift the Burundian women’s cause. This approach of collaboration between women peace-builders of various nations was beneficial in Burundi’s women’s movement since a large portion of its members are operating from exile and the diaspora. Women are prohibited from holding gatherings, and few of the women still living in Burundi dare to make public statements for fear of retribution.1890 With support from Urgent Action Fund and ACCORD, a consultative process was held on 14–18 December 2015 at Imperial Resort Hotel in Entebbe, Uganda. The meeting brought together women’s movements from across the region – Kenya, Rwanda, South Sudan and Uganda – in solidarity with the Burundi women to strategise for their effective participation in the dialogue to restore peace and security in Burundi. Inspirational women from the region, including Uganda’s former Vice President Dr Speciosa Wandira Kazibwe, Executive Director of IsisWICCE Ms Ruth Ochieng and Executive Director of CECORE Ms Rose Othieno, alongside Kenyan Florence Mpayeyi and Burundian expert Marie-Louise, facilitated the consultative meeting.1891 The meeting sought to strengthen collaboration and coordination for women’s participation in the peace process and to enhance the women’s peace negotiation capacities. It also facilitated the development of a strategy for women’s participation and creating a cross-learning platform on best practices and lessons learnt from women in the region.1892 Key outcomes of the meeting included the development of an Action Plan for three years and adoption of MFFPS, a movement of women and girls committed to taking strategic actions for the prevention of conflict and the promotion of peace. The movement’s mission was to contribute to the effective participation of Barundikazi (the women and girls of Burundi) for peace and development.1893

The movement changed its name in 2020 after a split occurred to Inamahoro Movement, Women and Girls for Peace and Security.

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The movement has been instrumental in holding heads of states in the region accountable and demanding a more responsive and vibrant EAC that promotes and protects women’s rights to participate in peace and security processes as inscribed in both regional and international instruments.1894 The movement pushed for the equal representation of men and women, thus calling for an increase in women’s representation from the initial 30% as stipulated in the Arusha Peace Accord.1895 The movement successfully integrated a feminist lens with support from AMwA in its advocacy, which has been incorporated by Heads of States in the Great Lakes Region to address the systemic inequalities suffered by women.1896 The movement also banded with other African CSOs to call for the renewal of the mandate of the Commission of Inquiry of the UN Human Rights Council in Burundi at the 39th Session of the UN Human Rights Council.1897 Representatives of MFFPS also participated in rounds of talks held in Tanzania and Uganda to offer women’s and girls’ perspective on the crisis.1898 While Burundian women were keen to engage in the peace process in their country, they had not had a platform to mobilise, organise, analyse the current situation and articulate a common position to ensure women’s effective participation to resolve the conflict.1899 Yet some had organised independently and felt the need for that collective power. For example, on 10 May 2015, about 200 women led a march in Gitega, heading toward the central Independence Place, protesting the president’s intent to run for a third term. Beatrice Nyamoya, an organiser of the demonstration, was quoted in an international news article covering the event: “Our position is that the Arusha Accords and the Constitution are the only guarantors of peace and that we must respect them.”1900 This demonstration and its ability to reach a global audience indicates the mobilisation power of women human rights defenders around a collective push for peace and democracy in Burundi.1901 Mobilising within and outside the country has allowed Burundi’s women the mobility to insert themselves into regional gatherings of Heads of States and peace negotiators to promote women’s participation in the peace reconciliation process. One of this approach’s challenges is that the Burundian government refuses to take part in any real negotiations.1902 However, MFFPS overcame this barrier by meeting the negotiator separately.1903 Moreover, when women were not invited to the rounds of talks held in February 2017, MFFPS sent representatives, who delivered a statement of their position in writing.1904 As of September 2020, human rights violations against women in Burundi continue under the new President Ndayishimiye. The security forces and the governing party’s youth wing continue to enjoy impunity for beatings, kidnappings and sexual violence.1905

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6. AGRICULTURE AND FOOD SECURITY

African women make up the majority of smallholder farmers and about twothirds of the agricultural labour force. In some countries, the share is even higher.

6.1. Issue Analysis African women make up the majority of smallholder farmers and about two-thirds of the agricultural labour force. In some countries, the share is even higher.1906 Women often engage in subsistence agriculture and small livestock raising and feeding, and shoulder the responsibility of household food security. Meanwhile, although African women are responsible for the majority of food production, they have less access to and control over land and resources such as credit, fertilisers and technologies. Unequal access to and distribution of land cause food insecurity and negatively affect the realisation of the right to food. Food insecurity is also a consequence of gendered land distribution. After years of decline, food insecurity in many parts of Africa is on the rise owing to political instability and conflict, the impact of climate change and natural disasters, and unstable food markets and commodity prices.1907 The Maputo Protocol guarantees the right to nutritious and adequate food. Article 15 calls on States Parties to take adequate measures to provide access to clean drinking water, sources of domestic fuel, land and the means of producing nutritious food and establishing adequate systems of supply and storage to ensure food security.1908 The Protocol also promotes women’s access to and control over productive resources, such as land, and guarantees their right to property (Article 19(c)).1909 To that end, 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. Over the Decade, the AU and its Member States made commitments to enhance women’s right to access, control and own land, and to recognise the important role women play in agriculture. In 2010, the African States adopted the Abuja Declaration on Development of Agribusiness and Agro-Industries in Africa, recognising the central role of women in agriculture and food production, as well as the need to promote and provide financial support for women

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farmers and entrepreneurs in agro-industry development.1910 The AU declared 2014 the Year of Agriculture and Food Security and signed the Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods. The Malabo Declaration reaffirmed the commitment, among others, to allocate 10% of public spending to agriculture and halve poverty by 2025, through inclusive agricultural growth and transformation, by emphasising preferential entry for and participation by women and youth in gainful and attractive agribusiness.1911 It also established mutual accountability to actions and results through the Comprehensive Africa Agriculture Development Programme (CAADP) Result Framework and a biannual review.1912 Moreover, the AU gender equality commitments focus on achieving 30% documented land ownership and 50% finance for women.1913 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.1914

6.2. Constitutional Provisions During the AWD, 10 countries made constitutional reforms that are considered essential to agriculture and food security. Several constitutions (DR Congo, Egypt, Kenya, Niger, South Africa, Uganda and Zimbabwe) guarantee the right to food. Notably, Article 43 of the Kenyan Constitution of 2010 recognises that each person has the right to have adequate food of acceptable quality but also the right to be free from hunger.1915 The constitutions of Egypt, South Africa, Uganda and Zimbabwe also articulate the role of the State in providing food resources. The 2013 Constitution (revised in 2017) of Zimbabwe calls on the State to take “reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right” (Article 77).1916 The constitutions of 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. Only the State, public communities and Ivoirian citizens have the right to own rural land under Article 12 of the 2016 Constitution of Côte d’Ivoire.1917 The Constitution of South Sudan of 2011 (rev. 2013) recognises that all land in the country is owned by the people of South Sudan and its usage shall be regulated by the government in accordance with the provisions of this Constitution and the law.1918 Other constitutions recognise the role of the State in ensuring land use is equitable and eliminates discrimination. The 2010 Constitution of Kenya states that, “land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable” and in accordance with principles of equitable access to land and the elimination of gender discrimination in law, customs and practices related to land and property.1919 The Constitution of Zimbabwe of 2013 (rev. 2017) includes redress for former unjust and unfair patterns of land ownership and seeks to bring about land reform and the equitable access by all Zimbabweans to the country’s natural resources, and states that policies regarding agricultural land must be guided by, among others, fair and equitable allocation and distribution and regard to gender balance and diverse community interests.1920

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6.3. Trends in Legal, Policy and Institutional Reform 6.3.1. Legal Reforms The importance of agriculture as a component of national economies, as a primary resource and source of African men and women’s livelihoods, is recognised in many constitutions. During the Decade, several countries took steps to enshrine the right to food and provide equal access to land in laws and constitutions. The revised Constitution of South Africa requires relevant organs of the State to provide the South African Human Rights Commission with information on measures taken towards the realisation of the rights in the Bill of Rights concerning, among others, food (Article 184).1921 Concerning land rights, in 2019 the Supreme Court of Eswatini upheld a widow’s rights not to be arbitrarily deprived of her property and dignity.1922 While the final decision in Dlamini v Prince Chief Gasawa Ngwane resides with the Regional Administrator, the case is considered significant in that it is an unprecedented intervention into Swazi customary law by the Court.1923 Also, the case highlights the uncertain nature of women’s rights in a pluralistic judicial system even though the Eswatini Constitution guarantees the equal right to land. Many countries have adopted laws that promote the right to land (DR Congo) or the obligation to register land (Cabo Verde) and on food and protection of plants (such as in Comoros.) Legal reforms in Kenya, Liberia, Republic of Congo and Rwanda promote the rights of women and seek to eliminate gender discrimination. Land Registration Acts No. 3 and No. 6 govern all land (public, private and communal) in Kenya. Act No. 6 also requires, among its guiding principles, the elimination of gender discrimination in law, customs and practices related to land and property, and the equitable distribution of land.1924 In Rwanda, Article 4 of Law No. 43 on Governing Land of 2013 recognises the equal right to land and prohibits all forms of discrimination, such as by sex, concerning access to land. Notably, it also states that the right to land for a man and a woman who are lawfully married shall “depend on the matrimonial regime they opted for.”1925 Law 21 of 2018 establishes the rules for the occupation and acquisition of land in Republic of Congo. Article 19 specifically addresses the rights of women in access to land, noting that, “customs and traditions tending to suppress or restrict the right of women to occupy or acquire customary land, land or land in urban and peri-urban areas are deemed to be null and void.”1926 Under the Deeds Registry (Amendment) Act 2012 of Eswatini, married women may register property or land in the names of both spouses.1927 Law No. 034-2012/AN of 2012 on agrarian and land reorganisation in Burkina Faso states that developments must take into account principles of equity and gender.1928 In addition, countries have taken steps to empower women by strengthening and protecting women’s right to land. Burundi’s 2011 revision of its Land Code affirmed the principle of non-discrimination.1929 The Land Act of 2010 of Lesotho allows women to register land in their name1930 and grants women control of the productive resources1931 and stipulates that women can choose to be married in a community of property and, thus, obtain a joint title deed.1932 Moreover, the Land Act of Lesotho expressively states that it prevails over contrary customary law.1933 Of note, Mali’s Land Act of 2017 guarantees gender equality regarding ownership of land and aims to give women and youth 15% of all arable land.1934 In the same vein, the 2018 Land Act of Togo states that, “women have equal access to land as men.”1935 The Revised Botswana Land Policy of 2019 allows married women equal ownership of land alongside husbands, thus giving everyone an equal right to a plot, on both state and tribal land. Under the previous Land Policy, only unmarried women or the wives of men who were not landowners were eligible for land rights, and consequently it discriminated against married women, widows and single mothers, who were left without access to land.1936 In Botswana, the government allots deeds for land; according to a government audit in 2020, 53% of the people on the government land allocation waiting list are women.1937 Benin, Burkina Faso, Côte d’Ivoire and Gambia have adopted legislation to support rural women’s economic development. In Burkina Faso, Law No. 034-2012/AN declares that sustainable land use planning and development, among others, are governed by the principles of gender, respect for human rights and equity.1938 Article 6 of Law No. 2013-01 in Benin declares that the state and local and regional authorities must ensure equitable access to land for all parties and respect for gender in access to land.1939 In Gambia, the 2010 Women’s Act states that the government must take into account the particular problems faced by rural women and their key role in the economic survival of their families. The State shall also ensure that rural women participate in every step of development projects and have access

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to agricultural credit and loans, appropriate technology and equal treatment in land and agrarian reform, as well as resettlement schemes (Section 33).1940

6.3.2. Policy and Institutional Reforms During the AWD, nearly all African countries adopted policy mechanisms to increase women’s access to land and resources in agriculture, achieving food security and fighting hunger. Concerning agriculture, the majority of African countries have adopted and implemented a National Agriculture Investment Plan (NAIP). Benin’s 2010–2015 Agricultural Investment Plan sought to facilitate availability of and access to productive resources for men, women and young people, as well as improve market access. It also set up a management system of information and collected reliable information disaggregated by gender.1941 In Burundi, the National Agricultural Strategy 2018–2027 and the National Agricultural Investment Plan 2018–2022 include goals to establish smart infrastructure such as feeder roads and mills to reduce the workload of women and to make women more competitive on the market.1942 They also promote micro-irrigation systems (small irrigation with motor pumps, hydro-agricultural and electric dams) and the collection and supply of water.1943 The Agriculture Livestock and Fisheries Sector Programme 2016–2020 in Madagascar aims to strengthen the capacities of women in agribusiness through agricultural entrepreneurship and value chain development, and train and equip women in new agricultural technologies.1944 Several countries have adopted specific strategies on gender and agriculture. In 2010, the Rwandan government developed the Agriculture Gender Mainstreaming Strategy to mainstream gender in various programmes, such as the Crop Intensification Program, to increase access to agriculture extension services, agriculture and livestock production, and crop and livestock marketing.1945 The 2016 National Gender Strategy on Land in Uganda guides all stakeholders on land rights and gender-related reforms. It seeks to transform norms that reinforce gender inequalities, particularly on land tenure governance in the country, and introduce gender mainstreaming in the land sector.1946 Other States have adopted strategies and programmes that address both agriculture and food security. Many countries have adopted policy frameworks on land rights. The Revised Land Resettlement Policy 2018–2027 in Namibia addresses unequal land distribution and aims to improve the quality of life of previously disadvantaged landless Namibians, in particular women.1947 The National Land Policy of 2017 of Sierra Leone promotes gender equality and the empowerment of women by increasing their opportunities to access and own land, and sets the target that at least 20% of women in rural areas should have access to and control over land resources and housing facilities.1948 It also seeks to increase women’s access to credit and financial inclusion. In Uganda, the National Land Policy of 2011 includes objectives such as clarifying the complex and ambiguous constitutional and legal framework for sustainable management and stewardship of land resources; and redressing historical injustice to protect land rights of groups and communities marginalised by history or on the basis of gender, religion, ethnicity and other forms of vulnerability to achieve balanced growth and social equity.1949 Other countries have adopted strategies that address both agriculture and food security. Togo’s 2010–2015 National Programme for Agricultural Investment and Food Security stipulates that 50% of beneficiaries of the Agricultural Development Support Project must be women.1950 The Food Security Programme 2015–2020 of Ethiopia aims to address the severe impacts of food insecurity on vulnerable women and children. It also focuses on building the livelihoods of poor and vulnerable households, providing direct support for pregnant women and lactating mothers, and places a special emphasis on female heads of households, people living with HIV and AIDS, women in polygamous households, divorced women and women with disabilities.1951 Notably, Ghana’s National Nutrition Policy 2013–2017 promoted food security, food quality and food safety at all levels of society and included a specific focus on gender equality and equity. It sought to improve the nutritional status of women and girls and included efforts to improve women’s social status relative to that of men and to increase women’s economic autonomy.1952

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The NAIP of Rwanda is notable in its commitment to the significant role of women in food production, correcting unequal access to land and credit and the importance of supporting women’s rural organisations.1953 Initiatives such as One Cow per Poor Family reflect the government’s commitment to supporting female farmers.1954 In 2010, Rwanda adopted the Agriculture Gender Strategy to guide the Ministry of Agriculture and Animal Resources, its agencies and development partners on gender-sensitive programming and interventions to transform the agriculture sector.1955 To address the challenges associated with achieving equality and equity in agriculture, the Strategy includes strategic objectives to, among others, enhance gender responsiveness in the delivery of agricultural services, promote equal participation in decision-making and develop capacities to enable gender-sensitive programming. It also includes mechanisms for the implementation and allocation of resources and the grounding of decisions on gender-disaggregated indicators.1956 In terms of addressing food security, both Djibouti and Republic of Congo have adopted institutional reforms. Djibouti’s Social Assistance Programme, established in 2016, assists the most vulnerable families with food aid and women with income-generating activities.1957 In Republic of Congo, the Parliament launched the Alliance for Food and Nutritional Security (APSCAN) with the support of the UN Food and Agriculture Organization (FAO).1958 The mission of APSCAN includes promoting multi-sectoral approaches to fight hunger and malnutrition; developing an appropriate legislative framework for food and nutrition security; educating policy-makers and populations; and ensuring funding to sectors related to food and nutrition security.1959 To address the unmet needs of women, in particular rural women, in terms of banking, the Zimbabwe Women’s Microfinance Bank was launched in 2018. The Bank offers funding, among others, to women engaged in agricultural businesses.1960 Some countries have established funds specifically earmarked to help women purchase land. In South Africa, the 2018/19 One Household, One Hectare Land Reform programme supported 932 female-headed households, representing 41.4% of those households subsidised.1961 In Zambia in 2014, the Ministry of Lands, Natural Resources and Environmental Protection increased its quota for land reserved for women from 30% to 40%; men and women compete for the remaining 60% of available land.1962 The Integrated Programme for the Empowerment of Women in Burkina Faso 2016–2020 provides women with resources such as fertilisers, seeds and production and processing equipment.1963

6.4. Challenges and Gaps From the trends identified, some key gaps and contestations have been observed. The first concerns the right to food and the right to land. While the right to food is guaranteed in most constitutions, not all contain such provisions. The revised Constitution of Malawi does not recognise the right to food although under Article 30 (the right to development) it establishes that the State shall take all necessary measures for the full realisation of this right and provides for the “equality of opportunity for all in their access to food.”1964 Gambia and Libya have not adopted their respective draft constitutions, both of which include provisions on the right to food. Although in many countries women’s rights to access land are enshrined in law or constitutionally guaranteed, gender gaps in ownership persist and female landowners remain a minority. Approximately 80% of land in Africa is held under customary tenure systems, which often exclude women from ownership and control over land.1965 Insecure rights and land tenure leave women, especially widows and single women, vulnerable to discrimination through social practices and norms when it comes to inheritance and ownership of land and other resources. Moreover, weak implementation of existing laws and competing legal systems present obstacles to women’s land rights. Modern law on equal ownership rights of land is often not enforced. Rather, customary law tends to favour men and male children. This limits women and girls in exercising their right to land and denies them the equal inheritance of land and resources such as ploughs and livestock.1966 Insecure rights to land, property and resources contribute to poverty and food insecurity for women and girls.1967 Second, while nearly all countries have adopted NAIPs, an audit of these revealed that only a few integrate gender in their activities. Many NAIPs do not use gender-disaggregated data or include the effective participation of women’s

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organisations and groups in developing national plans.1968 Moreover, NAIPs often do not account for gender-based constraints such as unequal access to infrastructure, markets and services, or the responsibilities and time constraints of women, such as unpaid care and collecting water.1969 Concerning the Malabo Declaration, 43 countries have joined the CAADP process, and 39 countries have developed national agriculture and food security investment plans.1970 However, the CAADP reviews of 2017 and 2019 reveal that few countries are on track in meeting the commitments regarding women’s participation in agriculture, food security and nutrition, and public expenditure in agriculture. Third, women’s access to agricultural technologies, seeds, credit, finance and other resources remains a particular challenge for female smallholder farmers, while the gender gap persists. Women are also limited in their access to markets beyond the local market, as inadequate infrastructure makes transportation difficult. As a result, women earn less because prices at the local market are lower than in urban areas.1971 Women also face economic barriers. Women have a more difficult time obtaining loans, lack property to use as collateral and, if approved for a loan, often pay higher interest rates. Married women often need their husband’s approval to apply for credit.1972 Women are frequently excluded from extension services in the areas of agriculture and agribusiness. In Malawi, only 14% of women report having access to extension services as a result of a tendency among (male) workers to approach male rather than female farmers, focusing on cash crops, which are primarily produced by men.1973 Fourth, while many laws, policies and strategies were adopted during the AWD, women often remain marginalised in the development of mechanisms and strategies concerning agriculture and food security. As a result, women do not have equal access to and participation in decision-making. Finally, despite various national, regional and continental commitments on gender equality, food security and agriculture, a critical contestation relates to the unequal burden of unpaid care work. Unpaid care work such as cooking, collecting water and firewood and care of children and family members often goes unrecognised, despite its importance and necessity. As a result, women have longer workdays than men. These unequal responsibilities present a significant barrier to women’s economic empowerment, prevent them from taking part in meetings related to agriculture, reduce the time they can put into farming and income-generating activities and contribute to poverty and food insecurity.1974 Unpaid care work, coupled with discrimination and weak implementation of legal frameworks, prevent women from enjoying their human rights, attaining economic empowerment and reaching their full potential. It also negatively impacts the attainment of gender equality and can contribute to the perpetuation of stereotypes, where men are seen as leaders and breadwinners and women more suited to caring for the family.1975

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CASE STUDIES

Mama Ardhi Alliance: Securing Land Rights for Women in Tanzania In Tanzania, agricultural and pastoral lands serve as the primary source of income and food for millions. While many Tanzanian women are engaged primarily in the agriculture sector and the main users of land, persistent practices and traditions deny them their right to access, own and inherit the land. According to the Tanzania National Bureau of Statistics, women had 9% ownership of land in 2018.1976 The current Constitution, which grants equal property rights to women and men, and the 1999 Land Act and the 1999 Village Land Act, which guarantee women equal rights to access, own and control land, govern land rights. However, customary law also governs the right to land. Under customary law and tradition, women either do not have the right to access to land and property or can acquire it only through their husband or a male relative.1977 There is ambiguity regarding whether the law or custom takes precedent in a dispute, and in practice, the custom is followed. Many Tanzanian women are unaware of their rights under the law and what procedures they need to follow to access land and other resources. Tanzania’s customary laws mean that many women have lost their land rights owing to their spouse dying or because of divorce and, as a result, face economic hardship.1978 In 2013, five Tanzanian right-based organisations formed the Mama Ardhi Alliance: Envirocare, the Pastoral Women’s Council, the Tanzania Women Lawyers Association, Ujamaa Community Resource Team (UCRT) and the Women’s Legal Aid Centre.1979 The Alliance, drawing on experience working with communities in rural areas on property rights, advocates for enhanced gender-equitable land and property ownership policies and practices.1980 Mama Ardhi also informs Tanzanian women of their land rights and that customary practices are not binding.1981 On International Women’s Day in 2014, the Alliance launched a campaign urging the Constituent Assembly to ensure that the draft Constitution included specific provisions that would guarantee women the right to own and inherit land.1982 The Alliance also pushed for the inclusion of language ensuring that customary laws could not override constitutional provisions and that would explicitly make unconstitutional gender discrimination in law, customs and practices, including inheritance of land and property.1983 In 2014, the Constituent Assembly passed the draft Constitution.1984 In 2015, a referendum to adopt the draft Constitution was rescheduled owing to a delay in voter registration.1985 No new date for a referendum has been set. Although the 2014 draft Constitution has not yet been implemented, the Mama Ardhi Alliance played a critical role in advocating for and securing language that “will provide women with the same rights to own land as men.”1986 It was successful because of its active campaigning and through working with other land rights advocates. Through partnerships with local organisations, the Alliance has raised awareness among Tanzanian women of their rights and helped ensure women’s equal access to land by holding meetings and training on the importance of obtaining documentation that the land they live on and cultivate belongs to them.1987 For example, led by UCRT, women received training on land rights, as a result of which more women began requesting letters stating that their land was indeed theirs, thus giving them and their children security and protection.1988 Many have obtained such letters. While these efforts are small in scale, they present evidence that change is possible. By working with local communities and local leadership, Mama Ardhi has played a significant role in breaking traditional practices and showing how ensuring women their equal right to land and inheritance benefits the entire community.

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Recognising that the work is far from complete, Mama Ardhi continues to advocate for improvements in legislation, policy and practice to bring about lasting change, and to sensitise communities about the importance and benefits of women’s land rights.1989 Notably, the Alliance works to ensure that women’s land and property rights are enshrined in law by voting to uphold the new Constitution in any upcoming referendum.1990 It also works to amend customary laws that contradict existing legislation. The Alliance is calling on the government to adopt a national plan on women’s land rights that will benefit women and their families and communities.1991

Equal Land Rights for Women in Botswana Across the world, women make up the majority of those who work in the agriculture sector but own only 15% of global farmland.1992 Despite women’s dominance in agriculture, and their dependence on land as a resource for living and providing for their family, they face many barriers to owning land. In Botswana, the government allots deeds for land. According to a 2020 government audit in Botswana, 53% of the 620,660 people on the waiting list for government land allocation are women.1993 The average waiting period for a plot of land is between 10 and 30 years.1994 In theory, the law gives each citizen of Botswana access to land. Citizens may apply for residential and agricultural plots wherever they wish, as long as they are 18 years or older.1995 Statutory and customary laws favour men in inheritance and ownership of and access to land and discriminate against women based on gender. Traditionally, a man in Botswana was entitled to own three pieces of land – for living, crop cultivation and livestock grazing.1996 Women in Botswana, regardless of marital status and age, were not allowed to acquire land or landed property independently.1997 On a husband’s death, only the male children or male relatives could inherit, leaving women and girls vulnerable and dependent on the former for housing and livelihoods. Widows were often denied a plot of land because their deceased spouse had owned one and his family had claimed it.1998 Unequal access to land perpetuates gender equality and denies women full and equal human rights, in particular economic rights. The 2015 Land Policy extended the rights of women to land to some extent, prescribing one plot of land per person. However, it treated a married couple as a single entity, restricting them to one land plot, while an unmarried couple could purchase two.1999 Women’s rights activists, among others, however, critiqued the 2015 Policy for discriminating against married women and widows, preventing them from having access to land where they work and live. The 2015 Policy banned married women from owning land in their own right if their husband already owned land. Moreover, husbands still retained the right to sell the property without consulting their wives.2000 Only married women whose husbands were not landholders were allowed to purchase and own land. During the 2019 election, presidential candidate Mokgweetsi Masisi promised to amend the 2015 Land Policy, stating that he believed that it discriminated against married women and did not give them equal treatment.2001 In September 2020, following a debate, President Masisi announced that Botswana’s Parliament had approved the amendments to the 2015 Land Policy. The Revised Policy removed controversial Articles 58(ii), 58(iii), 69(iv) and 72(iii), which had prevented married couples from owning land independently.2002 The Revised Policy guarantees each citizen of Botswana an equal opportunity to own residential or agricultural land on state or tribal lands.2003 Notably, a married woman can now own land independently of her husband or co-own land with her spouse.2004 Women’s rights groups and others lauded the repeal of the 2015 Land Policy’s discriminatory provisions and the adoption of the Revised Land Policy. Notably, married women gained independence in marriages and the equal right to apply for land. The Revised Policy also protects widows and orphans who head households from poverty.2005 Moreover, as many women rely on access to land for their livelihoods, the Revised Policy gives them more security and further advances their rights. The president has also called on civil society groups to raise awareness among women of their new rights.2006 Women will also receive legal support to help them understand and claim their rights.2007 During the COVID-19 pandemic, the Revised Land Policy has received increased importance for women, particularly for widows, who can now support themselves and remain independent.2008

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7. ENVIRONMENT AND CLIMATE CHANGE Africa is said to be one of the world’s most vulnerable continents to the effects of climate change, although it contributes minimally to the roots of the problem.

7.1. Issue Analysis Climate change is one of the most pressing challenges globally. Africa is said to be one of the world’s most vulnerable continents to the effects of climate change, although it contributes minimally to the roots of the problem.2009 The impacts of climate change in Africa vary according to specific sub-regional environmental and socioeconomic contexts.2010 Central and East Africa, for example, have seen changes in seasonal rainfall alongside increasingly prolonged drought.2011 A decrease in rain and an increase in temperatures present challenges in Southern Africa. In North Africa, the most common climate-related disaster is flooding, resulting in loss of lives and livelihoods. Changing rainfall patterns exert pressure on pastoralists in West Africa. The region has seen an increase in conflict and competition between pastoralists and farmers over land, water and forage.2012 With temperatures rising and a decrease in precipitation, many countries are experiencing crop failures and shrinking natural resources, including land and water, leading to increased food insecurity and conflict, loss of lives and livelihoods. Meanwhile, the impacts of climate change are not gender-neutral. African women are disproportionately vulnerable to the effects of climate change, which exacerbates existing gender disparities, leading to further human rights violations. Droughts and drying river basins, flooding, coastal erosion and rising sea levels, for example, force many women and girls to migrate, placing them at a greater risk of trafficking, sexual abuse and GBV.2013 African women nevertheless play a critical role in developing climate change responses because of their considerable skills and knowledge of sustainable resource management and practices. Articles 18 of the Maputo Protocol guarantees women the right to live in a healthy and sustainable environment. It calls upon 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. States shall also promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies; facilitate women’s access to and participation in their

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control; and protect and enable the development of women’s indigenous knowledge systems.2014 Similarly, Article 19 guarantees women the right to sustainable development and the full enjoyment of this right. The Article calls on States Parties to, among others, introduce a gender perspective in national development planning procedures and ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes.2015 Goal 5 of the AWD on 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.2016 During the AWD, the AU took steps to address the impact of climate change with a gender perspective. In 2014, the AU introduced the draft African Strategy on Climate Change 2015–2035. This aims to provide a comprehensive framework for integrated and coordinated mechanisms to give strategic direction to the Member States and other stakeholders in addressing challenges and opportunities associated with climate change on the continent, with the view to improving the livelihoods of the African people and the environment in which they live. The draft Strategy notes the connection between women, the environment and climate change.2017 It recognises that women may need particular support to adapt to climate change. Strengthening women’s rights to and control of assets in household and agricultural production can improve the effectiveness of their risk management strategies.2018 Action 4 under Goal 33 urges Member States to “promote gender-sensitive adaptation measures to address the impacts of climate change on women.”2019 The objective of the most recent strategy, the Draft Africa Climate Change Strategy 2020–2030, is the achievement of Agenda 2063 by building the resilience of the African continent to the negative impacts of climate change and its capacity to take urgent action to combat climate change and its impacts in accordance with SDG 13.2020 The Strategy includes gender considerations throughout and notes, in particular, the challenges women face and the importance of including gender equity to address the challenges ahead.2021 In 2015, the AU adopted Agenda 2063. This notes the impact of climate change on the African continent and calls on 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. Furthermore, it calls on States to implement the Programme on Climate Action in Africa, including those programmes targeting women and youth.2022 Accompanying Agenda 2063 is the first Ten Year Implementation Plan 2013–2023. This aims to build environmentally sustainable and climate-resilient economies and communities by focusing, among others, on natural disaster preparedness and prevention.2023 It also calls for the establishment of the African Climate Fund, which will assist in developing and implementing intervention strategies at a national level.2024 Over the Decade, 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, a total of 17 countries have ratified and 42 have signed the Convention. 2025 The Convention aims to enhance environmental protection; foster the conservation and sustainable use of natural resources; and harmonise and coordinate policies in these fields to achieve ecologically rational, economically sound and socially acceptable development policies and programmes.2026 It revises the 1968 African Convention of Nature and Natural Resources to take into account recent developments in the African environment and natural resources. The AUC has also undertaken institutional reform to address the environment and climate change. The African Working Group on Gender and Climate Change, established in 2013, coordinates and provides leadership for Africa’s engagement in regional and global gender and climate change processes.2027 To advance the efforts of the Working Group, in 2014 the African Heads of State agreed to develop a Women and Gender Programme on Climate Change of the Committee of African Heads of State and Governments on Climate Change.2028 The goal 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.2029

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FIGURE 35.

STATUS OF RATIFICATION OF THE AFRICAN CONVENTION ON THE CONSERVATION OF NATURE AND NATURAL RESOURCES

Tunisia

Morocco

Algeria Egypt

Libya

Saharawi Arab Democratic Republic Mauritania Niger Cabo Verde

Mali

Chad

Eritrea

Senegal

Sudan

The Gambia Guinea-Bissau

Burkino Faso

Guinea

Sierra Leone

Djibouti Benin

Côte d’Ivoire

Liberia

Nigeria

Ghana

Ethiopia

South Sudan Togo

Cameroon

Central African Republic Somalia

Equatorial Guinea São Tomé and Príncipe

Gabon

Uganda

Republic of the Congo

Kenya

Rwanda Democratic Republic of the Congo

Burundi Seychelles Tanzania

Comoros Angola

Malawi Zambia Mozambique

Madagascar

Zimbabwe Mauritius Namibia

Botswana

Eswatini

Signed and ratified the African Convention on the Conservation of Nature and Natural Resources

Lesotho South Africa

Signed but have not ratified Did not sign or ratify

Sources: Ecolex, African Convention on the Conservation of Nature and Natural Resources (Revised Version) (July 11, 2003).

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7.2. Constitutional Provisions During the AWD, 30 countries adopted constitutional provisions that are considered important concerning the environment and climate change. The majority of reforms guarantee the right to a healthy and clean environment. Some constitutional reforms impose an obligation on the to protect the environment. Other constitutions recognise that both the State and the citizens have an obligation to safeguard the environment. The 2010 Constitution of Kenya stands out, guaranteeing the right to a clean and healthy environment, imposing certain obligations on the State as well as on every Kenyan to protect and conserve the environment and providing for the enforcement of environmental rights. The Kenyan State shall, for example, ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources; ensure the equitable sharing of the accruing benefits; and encourage public participation in the management, protection and conservation of the environment (Article 69).2030 Article 70 grants persons whose right to a clean and healthy environment has been denied, violated, infringed or threatened the ability to apply to the court for redress. It also grants the court the power to prevent, stop or discontinue any act or omission that is considered harmful to the environment.2031 The draft constitutions of Algeria, Gambia and Libya include provisions relevant to the environment and climate change. The 2020 Draft Constitution of Gambia, for example, proposes the establishment of a Land, Environment and Natural Resources Commission. Its responsibilities will include to “commission research related to land, environment and the use of natural resources” as well as to make policy recommendations to the government.2032 The three draft constitutions have not yet been adopted.

7.3. Trends in Legal, Policy and Institutional Reform 7.3.1. Legal Reforms During the Decade, some African countries undertook legal reforms on the environment, climate change and natural resources that include a gender dimension. A majority of countries adopted legislation authorising ratification of the Paris Agreement on Climate Change. As of October 2020, all African countries, except for Eritrea, Libya and South Sudan, had ratified the Agreement.2033 Angola ratified in 2020.2034 Several countries have also adopted legislation on disaster risk management, environment management, water and climate change. Some of these laws contain provisions on gender. The 2015 Disaster Management Act of Rwanda establishes principles for disaster management, defines disaster prevention and mitigation, including disaster warning and communication and insurance, and sets up disaster management bodies that entail respect for the principle of gender.2035 Similarly, the 2017 Environment Management Act of Malawi concerning conservation and management of the environment gives every person the right to a clean and healthy environment. Furthermore, Article 3(2)(e) of the Act states that those responsible for protection and management shall take steps and measures necessary to ensure that social issues, such as gender, human rights and disability, are mainstreamed in the development interventions to minimise negative impacts on the environment and to enhance the sustainable use of natural resources.2036

7.3.2. Policy and Institutional Reforms Several countries reviewed have undertaken policy reforms on the environment and climate change that integrate gender and gender equality. Since the start of the AWD, eight countries (Cameroon, Egypt, Ghana, Mozambique, Liberia, Tanzania, Uganda and Zambia) have adopted Climate Change Gender Action Plans (ccGAPs). These include goals to ensure that gender is mainstreamed in climate change policies, programmes and initiatives, and often focus on priority sectors such as agriculture and food security, water, energy, tourism, wildlife and biodiversity. The Egyptian ccGAP aims to mainstream gender considerations into national climate change initiatives and policies. Its objective is to provide men and women with equal opportunities to understand, participate in and decide effective measures to implement

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mitigation and adaptation activities and to benefit from various climate change programmes and funds, contributing to national economic, environmental and social sustainability.2037 Priority areas include integrated coastal management, transportation, urbanisation and waste management. The strategy of Tanzania establishes similar objectives and also includes substantive objectives that are accompanied by indicators for each of the priority sectors identified. It also recognises the contribution women make in each of the sectors and highlights interventions necessary to incorporate the role of women effectively.2038 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.2039 All of the NAPs recognise the adverse effect of climate change and commit to reducing the vulnerability of groups, such as women and youth, when implementing plans, policies and projects. The NAPs of Burkina Faso and Ethiopia, for example, include provisions that aim to strengthen the role of women and raise awareness among women’s associations. The 2015 NAP of Burkina Faso, proposes three climate change adaption projects that address gender: provision of training and information, and raising awareness among women’s association; improving the resilience of women’s associations and their capacity to adapt to climate change by introducing revenuegenerating activities; and research into best practices in the field of climate change adaptations that are beneficial and accessible to women.2040 The 2019 NAP of Ethiopia commits to “promote women and youth empowerment, ensure their effective participation in the development and democratisation process and enable them to equitably benefit from the outcomes of development.”2041 Other reforms integrate a gender perspective in national policies addressing a specific aspect related to climate change, such as disaster management, biodiversity and water. In 2012, Liberia adopted the National Disaster Management Policy. This recognises the important role women play in development and the burden they carry and suffer during disasters.2042 The goals include proactive promotion of the participation of women and other vulnerable groups in all activities before, during and after disasters. Concerning disaster risk reduction, the government shall strengthen women’s security in crisis and work to end institutional and personal violence against women during disasters; expand women’s participation and leadership in emergency response operations; promote gender and incorporate gender analysis in the assessment of disaster, risks, impacts and needs; ensure gender-responsive recovery; and develop capacities for social change before, during and after disasters.2043 The Uganda Water and Sanitation Gender Strategy 2018–2022 aims to ensure equity in access to and control of resources in the water and sanitation subsector and thereby to contribute to reducing poverty.2044 To achieve the goals, the strategic objectives include (i) gender integration in policy, guidelines, plans and budgets; (ii) capacity enhancement and promotion of a gender-sensitive work environment; (iii) economic empowerment through equitable access to and control of water resources, supply, sanitation and hygiene; (iv) gender documentation, reporting and monitoring; and (v) gender coordination, partnership and networking.2045 Some countries, such as Ghana, Lesotho, Uganda and Zimbabwe, have adopted policies on climate change that integrate a gender perspective. The 2016 Climate Change Policy of Zimbabwe aims to guide the country’s climate change management, facilitate domestication and ensure compliance with global policies.2046 The Policy recognises the genderdisaggregated impacts of climate change.2047 It aims to, among others, promote gender-responsive climate programming and implementation of climate change policies, strategies and actions, as well as gender-responsive mechanisms that continually enhance climate change mitigation and adaptation measures at community level.2048 It also seeks to ensure new and innovative energy financing mechanisms that are user-friendly, accessible and affordable to women, especially rural women, and to vulnerable or disadvantaged groups. Additionally, the Policy promotes research, documentation and dissemination of the emerging gender dimensions of climate change; and mainstream gender-segregated approaches in adaptation and mitigation climate change interventions.2049

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Some countries have also undertaken institutional reforms that are relevant to climate change and the environment. For example, the 2016 Climate Change Act of Kenya establishes a Climate Change Council that is chaired by the president and includes representatives from government, the private sector, civil society and marginalised groups.2050 The Act also sets up procedures to ensure gender and intergenerational equity in access to monies from the Climate Change Fund.2051 The Botswana National Water Policy of 2012 establishes a Water Resources Board to manage the country’s water resources. The impacts of climate change resulted in African countries taking action through various legislative and policy reforms at the national, regional and continental levels during the Decade. The first noticeable trend relates to achievements in integrating a gender perspective and gender sensitivity into climate and environmental policies. The majority of countries have taken action through policy reforms that consider gender equality and seek to mainstream gender in climate change and environmental policies, strategies and initiatives. Several countries have adopted policies that link gender equality and women’s empowerment with the impacts of climate change and commit to considering the principle of gender equality in climate change mitigation and adaptation strategies.2052 Notably, Ghana’s National Climate Change Policy identifies that gender equality is an essential precondition for successful climate change adaptation and mitigation responses and equitable social development.2053 The Ghanaian Policy gives gender issues special prominence in thematic areas and programmes. Second, many of the policies reflect increased awareness and recognition of the disproportionate vulnerability of women and girls to environmental degradation and disasters and the impacts of climate change.2054 The policies also seek to ensure that they are a part of the response. For example, climate policies recognise women’s continued vulnerability, in particular during climate-related crises, and include women in the post-disaster recovery processes.2055 Uganda’s Policy seeks to ensure that vulnerable communities are empowered and that there is equal participation in all aspects of adaptation and mitigation activities in rural and urban areas.2056 Third, several policies on climate change and the environment are in line with the goals of AWD – that is, they identify women’s role in mitigating climate change by including 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.2057 Ethiopia’s Climate Resilient Green Economy National Adaptation Plan 2016–2030 promotes the empowerment of women and youth and aims to ensure their effective participation. Similarly, the second National Biodiversity Strategy and Action Plan of Namibia promotes the full participation of women in the planning and implementation of biodiversity-related initiatives as well as in the areas of capacity-building; value addition and enterprise development; and benefit-sharing.2058 Finally, some policies also seek to strengthen women’s access to knowledge and include mechanisms to assess the impact of the goals and strategies proposed. For example, climate policies often emphasise equal access to training and capacity-building programmes to ensure women’s full participation in climate change initiatives.2059 Some countries have also included mechanisms for M&E of the goals and strategies proposed in the national climate and environmental policies. During the Decade, some countries in East and Central Africa saw more women and girls involved in leadership, management and governance of environmental and natural resources, as well as in M&E of the impact of environmental policies and sustainable infrastructure projects on women and girls.2060

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7.4. Challenges and Gaps Although there were notable achievements during the AWD, some gaps and challenges remain. The majority of actions taken concerned the impacts of climate change and the resulting environmental challenges; few countries implemented legislative or constitutional reform. Where climate and environmental legislation exists, the links between gender, climate and environment are often not made or very weak. Many laws related to climate change and the environment do not include gender provisions or address the needs and challenges of women and other marginalised groups. Moreover, the implementation of legislative frameworks on the environment and climate change in many countries is weak. A second gap observed is that many countries have not yet adopted and implemented NAPs, ccGAPs or other climate and environmental policies. Among countries where policies on climate and environment exist, these are often genderneutral. Policies, programmes and initiatives that are gender-neutral are, inherently, discriminatory, as they fail to recognise the different ways women and men experience climate change, as well as how they adapt and respond.2061 In other policies, gender is included as a cross-cutting issue, thus they fail to adequately take into account the differing impact of climate change on women and to reflect their needs. While climate policies can both advance women’s empowerment and gender equality and lead to the implementation of effective strategies on climate adaptation and mitigation, a gender perspective is often lacking. In many countries, there is an implementation gap between genderequitable climate policies and gender-equitable climate actions on the ground.2062 Although some adopted policies and strategies include plans to increase women’s participation in decision-making, women remain marginalised in the implementation of mitigating and adaptation processes. Even though they are the most affected by the impacts of climate change, women are poorly represented in decision-making. As a result, women cannot equally contribute to addressing the challenges, and policies and initiatives do not consider their perspectives, knowledge and needs. This lack of equal representation and participation is explained partly by strongly held social and cultural beliefs, attitudes, rules and practices, which perpetuate unequal power relations between men and women.2063 In some cases, introducing gender equality into the debate on climate change and the environment is mistaken as supporting women only and as cultural interference.2064 Moreover, inequalities, such as poverty and lack of access to resources and information, increase women’s vulnerability to the impacts of climate change as well as exacerbating gender gaps. Women often do not benefit from funding and other financial resources and face considerable challenges in securing their livelihoods. Conflict poses a significant challenge to the adoption and implementation of climate adaptation and mitigation policies across Africa. The relationship between climate change, migration and conflict is complex and multi-layered.2065 In the Sahel, for example, political instability has been a growing concern, and this has been compounded by humanitarian crises and militant and terrorist violence.2066 Meanwhile, warmer and dryer weather dramatically reduces access to water and foraging resources.2067 As a result, many flee to neighbouring countries, thus adding to the stress on resources and increasing competition between groups, such as herders and farmers. For women, this is a particular challenge. A sustained ecosystem is a source of livelihoods and provides food security for many women.

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CASE STUDIES

Young Women’s Movement: Fridays for Future, Uganda Chapter Around the world, people are feeling the effects of climate change. In Uganda, changing weather patterns that result in long dry seasons, heat waves, frequent floods and prolonged droughts are evidence of climate change.2068 While climate change impacts everyone, it disproportionately affects women, as more women live in poverty and women have fewer rights to land and resources. The effects of climate change reduce access to clean water and food. Air pollution is also a significant problem in Uganda. According to WHO, Ugandans are more likely to die from air pollution than people in Kenya, Rwanda or Tanzania.2069 Moreover, Kampala, the capital of Uganda, ranks second among the most polluted cities in Africa.2070 Founded in 2019, Fridays for Future, Uganda Chapter, aims to raise awareness and rally the youth in Uganda to demand immediate climate action. Hilda Flavia Nakabuye co-founded the movement. Seeing first-hand the impact of climate change for her family and community and inspired by Greta Thunberg and the Fridays for Future Movement, Hilda decided to take action. She learned about the impact of climate change and began to hold climate strikes on Fridays. Soon after she began holding strikes, Hilda was joined by a small group of students and the movement began to grow. In addition to the Friday strikes demanding climate action, the young climate activists hold Green Thursday. Green Thursday activities include planting trees, teaching fellow youths not to litter the environment with kaveera (polythene) or waste fuel and water, holding student debates about climate change and starting environmental clubs at various schools.2071 The young activists are also calling on the Ugandan government to take action. In 2019, the Uganda Chapter presented a paper with demands to the speaker of Parliament. The paper asks the government to declare a climate emergency and to include climate change in the school curriculum, and to ban imports of second-hand vehicles. The activists also called on the political leadership to enforce the veto on kaveera and to implement the 2016 Paris Agreement to combat climate change.2072 The Uganda Chapter has also held several campaigns on specific climate issues such as air pollution and deforestation. Concerned about the increasing rate of deforestation in Uganda, in 2020 the Uganda Chapter, together with organisations worldwide, started a campaign to save Bugoma Forest. Two companies have begun clearing the forest to grow sugarcanes; the campaign calls for the immediate suspension of these activities and recommends that the government set up an environmental court to hear environmental cases to speed up court processes. 2073 Organising climate strikes is not without its challenges. Many students fear walking out of classes as this may expose them to either suspension or expulsion.2074 Climate activists have also faced challenges obtaining permits for their Friday marches. To overcome these challenges, the young climate activists frequently visit schools on Fridays to discuss climate change challenges and the role students can play in securing a better future.2075 For Hilda, it is essential to encourage other young women to speak up about climate change and to join the fight to protect the planet. 2076 Activists visit schools, church groups, universities and community gatherings to empower women and to encourage them to take action.2077

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As part of their strategy to inform and recruit Ugandan youth about climate changes, the young climate activists have set up Twitter and Facebook accounts. These are critical tools in raising awareness and recruiting young people, especially women, to join the movement. The movement has now grown to 25,000 climate activists across Uganda.2078 Social media has also allowed the young climate activists in Uganda to connect with other climate activists around the country, the continent and the world, which has been influential in finding solutions to some of the problems they face.2079 The Fridays for Future movement in Uganda has also inspired youth in other African countries, such as Angola, Gabon, Niger, Nigeria and Togo, to organise and demand climate action. By combining online campaigns and in-person meetings, the Uganda Chapter has successfully recruited and sensitised youth in Uganda about climate change and its impacts and reached out to local community members. For example, when they do shore clean-ups and collect plastic at Lake Victoria, they engage with local leaders and fishers.2080 Although the Ugandan Parliament has not acted on their demands to date, in a short time the young activists’ efforts are notable, in particular with respect to raising awareness about climate change and sharing solutions on how to fight it.2081

Kwataniza Women Farmers Group Fighting Climate Change Across East and Central Africa, the increased frequency of El Niño has resulted in the lowest amount of rain in 50 years and induced drought.2082 El Niño is a climatic event during which water temperatures in the Pacific Ocean are warmer than average, causing varied temperature and rainfall patterns.2083 In Uganda, the impact of climate change has resulted in longer dry seasons and more intense rainfall. At the same time, the country is experiencing rapid deforestation. Approximately 3% of Uganda’s forest is cut down each year for fuel, agriculture and infrastructure and to accommodate a growing population.2084 Continued reliance on biomass energy contributes to carbon emissions.2085 In 2006, oil was discovered in Hoima district. Many moved to the district, which put the pressure on land and other resources. The pace of deforestation increased, resulting in weakened protection against flooding and access to food and water. The changes in climate and increased deforestation disproportionately affect the women in the region and heighten gender inequalities. Bugoma Central Forest in Hoima district is critical to women farmers who derive their livelihoods from agriculture.2086 Deforestation and the impacts of climate change have resulted in low agricultural output for many seasons and increased food insecurity.2087 Founded in 2007, Kwataniza Women Farmers Group (KWG), a women-led community organisation in Hoima district, promotes and enhances gender equality, empowers women and improves women’s livelihoods and amplifies their voices.2088 In response to the alarming deforestation rates and the lack of conservation of trees in the area, KWG began a project to plant fruit trees, such as mango and jackfruit, in the district.2089 There are multiple benefits to planting fruit trees and this taps into KWG’s vision and mission. Planting fruit trees contributes to conserving the environment and reduces greenhouse gases as the trees absorb carbon emissions. The trees are highly resilient to climate change and provide the community with protection against flooding during heavy rainfall. The initiative also empowers the local women by providing them with a source of income and teaches them traditional and indigenous techniques to grow and help preserve the environment. KWG plans to plant an additional 10,000 trees per year with a target of doubling annual plantings over the next five years.2090 KWG also works to prevent further deforestation and oil production in the region. The oil production is a significant source of greenhouse gas emission. Together, with women in Kikuube district, the women in Hoima are calling on the government to implement measures to protect the Bugoma Central Forest Reserve against further destruction.2091

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To mobilise and sensitise the community, KWG holds meetings to help men and women appreciate the importance of fruit tree growing.2092 KWG hopes to inspire communities to participate in local and national efforts in environmental conservation and to curb climate change.2093 The group regularly visits schools, and the members teach children about planting trees and the importance of conserving the environment. KWG also shares information on Facebook and the radio to reach the wider community. The efforts of KWG to mitigate climate-driven risks are critical as women are the primary land users in the area.2094 KWG has empowered women, provided them with a livelihood and amplified the voices of local women in decision-making in matters concerning the conservation of the environment. By working with local community leaders, KWG has also strengthened the community’s support to protect the trees rather than cutting them down as the trees are a source of income and food security. While their contribution is small, the trees KWG plants nevertheless help reduce carbon emissions. By continuing to plant fruit trees, KWG hopes to improve livelihoods further through income generation from the fruits and to ensure food security.2095 The women in Hoima district continue to mobilise into farmer groups, collectively grow fruits and vegetables and rear animals, and promote and market their products. They do this to empower themselves and to benefit from the growing population in the region.2096 KWG started with 10 women and now has about 40 members.2097

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8. EDUCATION, SCIENCE AND TECHNOLOGY

During the AWD, countries across Africa took steps to promote access to education, science and technology for girls and young women.

8.1. Issue Analysis During the AWD, countries across Africa took steps to promote access to education, science and technology for girls and young women. In 2016, the AU adopted the Continental Education Strategy for Africa (CESA 16–25), which matches Agenda 2063 and the Common African Position on the Post-2015 Development Agenda.2098 The objectives of CESA 16–25 include ensuring improved completion rates at all educational levels; accelerating processes leading to gender parity and equity; launching comprehensive and effective literacy campaigns across the continent to eradicate illiteracy; revitalising and expanding tertiary education; and enhancing capacity for data collection.2099 Since 2010, the AU has awarded the Kwame N’Krumah Regional Award for Scientific Women, which promotes women’s access to education and scientific careers and provides support for their research. The annual Award recognises two African women scientists in each of the five geographical regions of Africa.2100 The Maputo Protocol guarantees the right to education and training for women and girls. Under Article 12, States Parties shall take specific positive actions to promote literacy, education and training for women at all levels and in all disciplines. States Parties shall also promote the enrolment and retention of girls in schools and at other training institutions, and the organisation of programmes for women and girls who leave school early (Article 12.2).2101 To that end, AWD Objective 4 on education, science and technology is threefold: to achieve parity at secondary and tertiary levels and higher retention rates; to increase the literacy levels of women through adult education; and to ensure the contribution of women scientists and their participation in information, communication and technology (ICT).2102

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At the regional level, the Regional Coordination Group for SDG4-Education 2030 in West and Central Africa adopted the Acceleration Strategy in 2019. This aims to stimulate the pace of progress within the education sector towards the achievement of SDG 4 and CESA in 24 West and Central African countries.2103 In the East African region, the EAC Gender & Science Technology Framework promotes gender mainstreaming and gender equity, entrepreneurship training and education. In the Southern African region, the SADC Gender Policy supports equal access for girls and boys to science and mathematics education, as well as access for women and girls to tertiary education in non-traditional subject areas, encouraging women’s involvement in science.2104 Education remains a priority among the AU Member States. According to the African Economic Outlook 2020 report, published by the African Development Bank, African governments devote on average 5% of their national gross domestic product (GDP) to education, and nearly half of the countries meet the UN targets of 4% or more of GDP, and 15% or more of government budgets, being allocated to education.2105 While there are positive developments in terms of achieving Objective 4 of the AWD, though, gender disparities remain.

8.2. Trends in Constitutional, Legal, Policy and Institutional Reform Achieve parity in education at secondary and tertiary levels and higher retention rates for girls Constitutional reform: During the AWD, several countries adopted constitutional provisions on the right to education. The 2015 Constitution of Sahrawi Arab Democratic Republic guarantees the right to education.2106 The Constitution of Central African Republic states that, “each has the right of access to sources of knowledge. The State guarantees to any citizen access to instruction, to culture, and professional training” (Art. 9).2107 The 2020 Draft Constitution of Gambia is notable as it not only recognises the right to education but also stipulates that the State shall take measures, including affirmative action programmes, to ensure that women have access to relevant education and training (Art. 55).2108 At the time of writing, the Draft Constitution had not yet been adopted. Several constitutions contain provisions on the role of the State in providing free education. The 2014 Constitution of Tunisia provides for free public education at all levels (Art. 39).2109 Similarly, the 2018 Constitution of Chad states that public education is free of charge (Art. 38).2110 Under the 2012 Constitution of Somalia, “every citizen shall have the right to free education up to secondary school” (Art. 30).2111 The 2014 Constitution of Egypt (revised in 2019) “grants free education in different stages in state educational institutions as per the law,” and commits the State to allocate “a percentage of government that is no less than 4% of GDP for education” and to “gradually increase this until it reaches the global rates” (Art. 19).2112 Other constitutions contain broad provisions on the role of the State in providing access to education free of charge. Legal reforms: Some countries have adopted legal reforms relevant to promoting parity and the protection of students at the secondary and tertiary levels. The Tertiary Education Act 2011 in Seychelles promotes gender balance and equality of opportunity among learners and employees at the university level.2113 In Uganda, Circular No. 2/2015 (2015) “bans all acts of violence against children such as corporal punishment, and any negligent treatment. Such negligence includes; failure to meet the children/learners physical needs like menstrual hygiene-related needs for girls; sexual abuse such as defilement and rape, speaking to children in a sexual manner, making marriage proposals to learners and emotional violence in schools, institutes and colleges in Uganda.”2114 In 2015, the Tanzanian government issued Circular 5, which implements the Education and Training Policy 2014 directing public bodies to ensure secondary education is free for all children.2115 The Law on Children and Adolescents 2013 of Cabo Verde establishes that a pregnant student cannot be prevented from, or encouraged to interrupt, her education.2116 Policy reforms: Nearly all African countries have adopted national education sector policies, with specific goals for secondary and tertiary education. The Senegalese Education Sector Programme 2013–2025 includes goals to strengthen

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girls’ access, retention and success, and to conduct campaigns to raise awareness and social mobilisation in favour of girls’ access to education.2117 The Education Sector Plan 2017–2021 of Liberia includes goals to ensure that all girls and boys complete free, equitable and quality primary and secondary education by 20302118 and equal access for all women and men to affordable and quality tertiary education, including university.2119 The Education Sector Plan 2018–2020 of Sierra Leone seeks to formalise the policy for re-entry of teenage mothers into the school system and to ensure all schools are safe for girls, by ensuring mechanisms are in place for taking legal action against perpetrators of offences.2120 Several countries have adopted strategies focusing specifically on girls’ education, such as the National Girls’ Education Strategy for 2018–2022 of Somalia and the National Strategy for Girl’s Education 2014–2019 of Uganda.2121 The National Girls’ Education Strategy (2014–2018, 2018–2023) of Malawi aims to advance girls’ education and tackle the barriers related to girls’ access to and participation.2122 The Girls’ and Young Women’s Empowerment Framework of Zimbabwe seeks to achieve equal access to education and parity in education and training enrolment and achievement at all levels by 2020.2123

Increase literacy levels of women through adult education Constitutional reform: During the AWD, Angola, Comoros, Egypt and South Sudan adopted relevant provisions on eradicating illiteracy and promoting access to literacy. Under the Constitution of South Sudan (revised in 2013) also, all levels of government shall provide free illiteracy eradication programmes (Art. 2).2124 In other constitutions, however, the role of the State is broader. Under the 2010 Constitution of Angola, the State shall “promote access to literacy” (Art. 79)2125 and the 2018 Constitution of Comoros articulates that, “the progressive elimination of illiteracy is the objective of the State” (Art. 44).2126 The 2014 Constitution of Egypt (revised in 2019) commits the State to develop a comprehensive plan to eradicate both alphabetical and digital illiteracy for all citizens from all age groups and to carry out development implementation mechanisms together with civil society institutions (Art. 25).2127 Policy reforms: In the majority of countries, steps to eradicate illiteracy through literacy programmes are generally included in education sector plans or development plans. In Angola, the government has reinforced its commitment to education through the National Development Plan 2018–2022, which aims to increase literacy rates by making the Project for Literacy and Education accessible to all citizens, in particular women.2128 The National Literacy and Adult Education Strategy 2010–2014 of Mozambique has a specific focus on women and provides opportunities for women to develop the capacities and skills necessary to access opportunities and improve their socioeconomic situation.2129 Both Tanzania and Uganda have adopted National Action Plans for adult literacy.2130 Legal reforms: The Zambian Education Act 2011 establishes the right to basic education, including adult literacy education, high school education, equity in access to education and participation in and successful completion of education at all levels, irrespective of gender, social class or disability (Article 14.(1)).2131 In Zimbabwe, the Education Amendment Bill 2018 H.B.1 of 2019, amending the 2006 Education Act, mandates every school to offer non-formal education, including adult education, thus ensuring equal access to education for all.2132

Ensure the contribution of women scientists and their participation in ICT Constitutional reforms: Three countries (Egypt, Libya and Morocco) adopted constitutional provisions on scientific research during the AWD. Under the 2014 Constitution of Egypt (revised in 2019), the State grants the freedom of scientific research sponsors, researchers and inventors and allocates a percentage of government expenditures – no less than 1% of GDP – to scientific research, which will gradually increase until it reaches global rates (Art. 23.)2133 Legal reforms: The government of Kenya passed the Science, Technology and Innovation Act in 2013. There is no evidence of other legal reforms in this area.

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Policy reforms: Many countries incorporate science, technology and innovation in their national development agendas, as well as in their education sector plans.2134 Several countries (Benin, Botswana, Burkina Faso, Eswatini, Kenya, Malawi, Mauritius, Niger, Nigeria, Rwanda and Zimbabwe) have adopted national policies in this regard. The National Science, Technology and Innovation Policy 2013–2022 of Gambia aims specifically to foster entrepreneurship among youth and women to enhance their employability.2135 Under the 2013 ICT Policy for Malawi, the government shall mobilise financial resources for the implementation of ICT programmes for women and youth in coordination with NGOs and development partners (Policy Statement 5.)2136 Institutional reforms: Some countries have undertaken institutional reforms. Eswatini established the Directorate for Science, Technology and Innovation within the Ministry of Information, Communication and Technology in 2014.2137 Burundi, DR Congo, Gabon and Rwanda have introduced ministries devoted to scientific research within their respective governments.

8.3. Challenges and Gaps Throughout the Decade, across Africa, governments adopted policy and legal reforms that address the goals of the AWD on education, science and technology. Several countries have adopted education sector plans, policies, laws and strategies aimed at promoting and ensuring equity and equality at the secondary and tertiary levels. Other countries have made constitutional provisions on providing free education at all levels, or up to the secondary level. Several countries have introduced free secondary education; others have partially removed educational fees. In 2017, Ghana introduced free secondary education and removed fees for admissions, libraries, science centres and computer laboratories, and the country will provide free textbooks, boarding and free meals.2138 Malawi and South Sudan have introduced scholarships, loans and/or bursaries for girls at the secondary level.2139 In Somalia, the Ministry of Education and Higher Education introduced Tertiary Scholarships for Young Women Students to improve access and retention at this level.2140 In Gambia, there are plans to provide scholarships to women and girls enrolled in mathematics and science at higher and tertiary education institutions.2141 Others countries have addressed concerns associated with transportation and safe and affordable housing. The 2018 Eswatini National Education and Training Sector Policy notably aims to ensure students have a secondary school within 7 km of their home,2142 and the Chad Intermediary Education Sector Plan 2018–2020 includes transport subsidies.2143 Many countries address the stigma and discrimination girls face in accessing education at secondary and tertiary levels through policy, legal and institutional mechanisms. The education sector plans of Niger and Somalia include awarenessraising campaigns sensitising government, community, religious and traditional leaders on the importance of girls’ education. Other countries have taken steps, though legislation or policy initiatives, to ensure pregnant girls cannot be suspended from or forced to leave school, and to facilitate their re-entry. In 2013, the Constitutional Court of South Africa found that a school’s policies violated learners’ human rights and stigmatised the learners.2144 In 2019, the ECOWAS Community Court of Justice declared that the ban in Sierra Leone, preventing pregnant girls from attending school and sitting for exams, violated girls’ right to education and was discriminatory.2145 ECOWAS also found the Sierra Leonean government in breach of local and international laws, particularly the African Charter.2146 After the Court’s ruling, the government of Sierra Leone announced that it would introduce two new policies, focusing on Radical Inclusion and Comprehensive Safety. In 2020, the government of São Tomé and Príncipe overturned a Disciplinary Act that had prohibited pregnant girls in the third month of pregnancy from attending classes or school activities and mandated them to attend night school until the end of their pregnancy.2147 The removal of the Act is seen as an essential step in gender equality and in investing in girls. To encourage girls and young women to take more interest in science, information, communication and technology, Malawi, Rwanda and Senegal have launched national Miss Math, Miss Science and Miss Geek competitions.2148 Other

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countries have introduced scholarships for girls in the scientific fields. The Ministry of Communications and Information Technology of Egypt organised a conference to raise awareness of Egyptian women and girls and the role of ICT to help them overcome their challenges.2149 Academic and research institutions in Cameroon, Ethiopia, Guinea, Kenya, Malawi, Mali, Nigeria, Republic of Congo Uganda will implement a variety of strategies to address barriers female scientists face on the national and regional levels.2150 To help combat myths that women are less capable than men in ICT, Rwanda promotes women leaders in the ICT and innovation sectors, who serve as important role models and mentors.2151 Steps such as these have had a positive impact on women in science.2152 While many notable reforms took place during the Decade, some gaps and contestations remain in meeting AWD Goal 4. Girls and young women face social, cultural, economic and institutional barriers and challenges in accessing education at the secondary and tertiary levels. Despite reforms undertaken during the Decade, several constitutions do not include the right to education in general, or at the secondary and tertiary levels specifically. Policy, legal and institutional mechanisms tend to better address barriers to achieving parity and retention for girls and young women at the secondary level than they do at the tertiary levels. Despite the development of national, regional and continental initiatives addressing economic, social and cultural barriers and challenges, girls and young women continue to drop out or do not attend school owing to financial constraints, pregnancy or early marriage. In 2015, the government of Tanzania introduced free secondary education, However, the policy removed fees and contributions only partially: families are still required to cover exam fees and costs for uniforms and textbooks.2153 While scholarships and the partial removal of fees help reduce the financial constraints, they risk marginalising vulnerable groups, such as impoverished students, girls and students with disabilities. Despite the prevalence in illiteracy among the adult female population, few countries have adopted and implemented national strategies on literacy and campaigns specifically aimed at improving the literacy rates of women through adult education. Although many constitutions guarantee the right to education, few include provisions on eradicating illiteracy and providing free adult literacy programmes. Lack of attention to improving literacy levels of women denies them their right to education and the opportunity to improve their situation. The lack of strategies aimed at promoting women in the scientific fields, addressing their challenges and recognising their contributions represents a noticeable gap. There are a few policies on science, technology and innovation, some of which include “gender-related objectives aimed at promoting women’s participation in science.” These policies are rarely implemented, however. Female scientists are less likely to hold leadership positions with significant responsibility, as persistent gender biases and stereotypes are often embedded in the institutions of employment. Absence of mentoring programmes, professional support and gender-friendly policy frameworks is often cited as an example of why it is challenging to attract and retain women scientists.2154

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CASE STUDIES Equal Education Rights for Pregnant Girls and Women in Sierra Leone Article 12(1) of the Maputo Protocol underlines State Parties’ responsibility to eliminate all forms of discrimination against women and to guarantee equal opportunities and access to education and training. And yet pregnant girls are often denied their inalienable right to an education through exclusionary education policies. This situation is common across Africa, where teenage pregnancy is also the highest in the world.2155 Pregnant teenage girls face exclusion from formal education because of systems that reason that pregnancy outside wedlock is morally wrong or that pregnant students negatively influence other female students.2156 To this end, tens of thousands of pregnant girl students and teenage mothers are shunned from schools in Africa. In Sierra Leone, teenage pregnancy reached 65% in some regions during the Ebola outbreak, leaving young girls more vulnerable to sexual violence as they stayed home after a school shutdown initiated to reduce the virus’ spread. According to UNFPA, more than 18,000 girls became pregnant during the lockdown.2157 Once schools reopened in 2015, the increased number of pregnant students at schools was evident, and the government declared an official ban that kept pregnant students out of mainstream schools. This exclusion was coupled with psychological torment and degradation of the young women by the school administration. Many pregnant girls voluntarily left school before being found out and expelled.2158 Sierra Leone had the 13th highest teenage pregnancy rate globally in 2017; thus, the ban excluded many girls from education.2159 In 2015, the minister of education, science and technology in Sierra Leone made a public statement that became an official policy. The statement banned visibly pregnant girls from attending school because they would encourage “innocent” girls to do the same.2160 Once the ban was officiated, the government instituted alternative schools for pregnant girls. However, the schools were an extension of the discriminatory policy and offered a limited number of subjects and an inferior curriculum, and were open only three days a week.2161 In May 2018, Women Against Violence and Exploitation (WAVE), the Child Welfare Society, Equality Now and the Institute for Human Rights and Development in Africa filed a case against Sierra Leone’s government with the ECOWAS Court of Justice.2162 The coalition, under the leadership of Equality Now and WAVE, worked to revoke the government ban,2163 petitioning the Court to revoke the prohibitive policy immediately. The government of Sierra Leone denied every allegation made against it, reiterating its commitment to uphold human rights and prohibit discrimination, and immediately retracted the minister’s statement. The government also claimed to have attempted to accommodate pregnant girls, cognisant of their fragile state, by establishing separate schools. Taking this into consideration, the government of Sierra Leone requested the Court to reject the case filed against it.2164 The ECOWAS Court of Justice found the Sierra Leone government guilty of prohibiting young girls’ access to education and not making sufficient efforts to reduce teenage pregnancy despite its National Strategy for the Reduction of Teen Pregnancies. It also found that the government of Sierra Leone had subjected pregnant students and teenage mothers to a discriminatory school system with an inferior curriculum.2165 In light of these facts, in December 2019 the Court rejected the ban that prevented pregnant students from attending mainstream schools as well as from sitting for exams.2166 The ban was officially lifted by Sierra Leone’s government in March 2020 after being in effect for five years.

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In addition to its major victory in overturning the ban, the human rights groups coalition in Sierra Leone has also raised consciousness regarding government actions towards curbing early and unwanted pregnancy. Instead of banning pregnant girls and adolescent mothers from school, the government is now liaising with both local and international organisations to ensure young people are well informed about birth control, contraception and the influence of social norms on their personal lives and reproductive functions.2167

Miss Geek Africa – Promoting Girls in Science, Technology, Engineering and Maths The past decade has seen an increase in the numbers of girls and young women enrolled in and completing school. When it comes to pursuing studies in science, technology, engineering and maths (STEM), however, boys and young men continue to dominate, while girls and young women are underrepresented. According to the 2017 UNESCO study “Cracking the Code: Girls’ and Women’s Education in STEM,” globally women make up 35% of all students in STEMrelated fields of study in higher education.2168 Across Africa, there is a significant gender gap in enrolment and graduation from STEM fields. For example, while Rwanda is a signatory of the 2017 Kigali Declaration, which aims to close the gender gap in science and technology, more boys than girls chose to pursue studies in the STEM fields.2169 In Rwanda, young women made up 35.4% of the total number of graduates in the STEM fields in 2018.2170 The low enrolment of girls and women in STEM fields owes to cultural beliefs, and gender stereotypes that discourage girls from pursuing sciences as these fields are seen as too hard for girls or as male spheres. There are few examples of successful women in STEM who can mentor girls and advocate for girls’ education in these fields, and this reinforces negative perceptions.2171 On International Women’s Day in 2014, the first Miss Geek was crowned in Rwanda. Girls in ICT, a group of female tech entrepreneurs, started the competition, having decided that it was time to judge women based on their brilliance rather than their beauty.2172 Miss Geek Rwanda encouraged girls and young women in Rwanda to pursue studies in STEM fields and to develop innovative technology or business ideas to solve their communities’ problems.2173 A driving force and a vital component of the competition was to link girls and young women with female role models and mentors who work in the STEM fields. Research has shown that role models and mentors have a significant impact on the success of girls and young women in STEM and other fields.2174 The competition was streamed on YouTube and soon began to build a following.2175 The Miss Geek competition also benefited from strong support from Rwanda’s government, which is committed to reducing gender disparities and increasing the number of students, in particular female students, in STEM.2176 A year after the first competition, which had no sponsorship, Miss Geek secured partners, including the Ministry of Youth and ICT and UNDP.2177 Girls in ICT Rwanda partnered with Smart Africa, an alliance of 30 African countries, and the competition became known as Miss Geek Africa. The expanded competition is open to girls, between the ages of 13 and 21, from 28 countries (Algeria, Angola, Benin, Burkina Faso, Cabo Verde, Cameroon, Chad, Côte d’Ivoire, Djibouti, DR Congo, Egypt, Gabon, Guinea, Kenya, Mali, Morocco, Niger, Rwanda, São Tomé and Príncipe, Sierra Leone, Senegal, South Africa, South Sudan, Togo, Tunisia, Uganda, Zambia and Zimbabwe). Over the years, the number of applications has risen. In 2019, for example, Miss Geek Africa received 250 applications.2178 In preparation for the competition, each of the finalists participates in a training programme led by entrepreneurs who focus on presentation, public speaking and critical thinking.2179 The top three winners receive awards that include a cash reward, a laptop, a smartphone, an internship and an opportunity to participate in the Transform Africa Summit, where they interact with industry and government leaders.2180 Among the ideas to solve problems in their communities presented by the top contestants is an app that informs the community on first aid for victims before the ambulance arrives, presented by Salissou Hassane Latifa of Niger.2181 To reduce maternal deaths, Josephine Uwase Ndeze of DR Congo designed a mobile platform to help expectant mothers monitor their health during pregnancy and to connect them with health care services when the need arises.2182

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The Miss Geek competition contributes to changing the perception of what girls can do and to breaking stereotypes.2183 The competition has connected girls and young women interested in STEM with women working in these fields who serve as mentors and role models. Moreover, past winners and contestants in Miss Geek Rwanda and Miss Geek Africa serve as role models for young women and girls who have ideas and an interest in STEM and show them how to use these.2184 Although no statistics on the direct impact of the Miss Geek competition were found, anecdotal evidence points to an increased interest in studying and working in STEM fields among girls and young women in Rwanda and other African countries. In Rwanda, the Ministry of Education has reported an increase from 48.7% in 2011 to 55.1% in 2015 of young women studying STEM in secondary education.2185

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9. YOUNG WOMEN’S MOVEMENT

Objective 10 of the AWD aims to energise the African women’s movement, and to mentor young women and men leaders and professionals, both in Africa and the Diaspora.

9.1. Issue Analysis Young women in Africa metamorphosed during the Decade, and their voices became louder. At the start of the Decade, the young women’s movement was close to non-existent, and the voices of young women and girls were not necessarily part of the larger women’s movement within the continent. Significant challenges, such as representation and participation, were not being considered. Most young women who did not hold positions of power were denied an opportunity to influence policy-making processes and ensure the inclusion of their unique issues within the larger movement. In Africa, young women and girls aged 15–35 make up over 40% of the continent’s population and will, with the right investments in education and health, position Africa to reap a demographic dividend. Over the Decade, Africa experienced a rise in young women’s organising themselves and exercising their voices to challenge inequalities and oppressions. Among the objectives of the AWD, the AU and its Member States is a special focus on mentoring youth (men and women) to be champions of gender equality and women’s empowerment. Notably, Objective 10 of the AWD aims to energise the African women’s movement, and to mentor young women and men leaders and professionals, both in Africa and the Diaspora, to be champions on gender equality and women’s empowerment.2186 AU Agenda 2063 recognises that the development of the continent relies on its people, especially women, youth and children. Aspiration 6 of Agenda 2063 calls for an Africa whose development is people-driven, relying on the potential of African people, especially its women and youth, and caring for children.2187 State Parties should therefore invest in the people in both economic and social development terms in order to improve their developmental index. Results confirm that Africa is failing to achieve its full growth potential because a sizeable portion of its growth reserve – women – is not fully utilised.2188 The AU has been at the forefront in investing in young people, especially the young women’s movement, in an effort to harness the demographic dividend through different

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initiatives. The fact that 65% of Africa’s total population of over 1 billion people are below the age of 352189 presents both opportunities and challenges, and points to the need to empower youth by defining and developing the right political environment and raising young people’s socioeconomic status. During this Decade, the AU developed programmes and policies geared towards ensuring that the continent benefits from its demographic dividend. These include the African Youth Charter, the African Youth Decade Plan of Action, the Malabo Decision on Youth Empowerment and the Saleema Initiative, which aim to galvanise political action to accelerate the elimination of harmful practices. The AU Gender Equality and Women’s Empowerment Strategy, in its fourth Pillar of Leadership, emphasises the importance of women’s voices and visibility in key decision-making processes, and also challenging the status quo.2190 In its outcomes, the Strategy emphasises the importance of women and girls exercising agency at home, in the community and in public spaces. In 2018, the AU appointed Aya Chebbi as its Youth Envoy to advocate for African youth interests in AU decision-making bodies. As a young woman Pan-African feminist, Aya Chebbi is known for her work of mobilising youth for change and advocacy. She has founded one of the largest Pan-African youth movements – Afrika Young Movement – among other initiatives. Her appointment signalled that the AU was ready for a new, more profound way of designing and implementing youth programmes on the continent. It also showed the importance of young women’s leadership and recognised their strength and contribution to the development of the continent.

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9.2. African Young Women’s Movements The economic, social, political, cultural and technological empowerment of young women and girls is central to the full development of communities, nations, the continent and the world at large. It is essential that young women be meaningfully engaged in designing solutions for Africa for the benefit of the continent’s development. And yet the rise of the young women’s movement in Africa cannot and should not be discussed without sharing the struggles young women faced before being accepted as part of the larger women’s movement led by CSOs and NGOs. The rise of young feminists cannot be explained without analysing the larger women’s movement. This was geared towards challenging the patriarchy and power, expressed in political, social and economic terms and manifested in phenomena such as the erosion of democratic space, global economic crises and inequalities based on gender, ethnicity, religion, disability, age and sexual orientation. In particular, such inequalities were seen as continuing to affect women in ways that persistently compromised their dignity and human rights. Different models of movement building and frameworks looked at bringing in voice to the women’s agenda. While the movement grew over the Decade, the involvement of young women was lacking within the larger space. Young women’s activism rose from an issue-based strategy focus, whereby young women organised based on one particular issue at a time. In Southern Africa, young feminist movements started challenging the status quo after they found their voice and agency. In 2010, the Young Women Voices Campaign, with support from Open Society Initiative for Southern Africa, started with the aim of raising the political consciousness of young women, building their capacity and promoting their participation at all levels in the women’s rights agenda. Young women had been experiencing intersecting forms of discrimination and violence, and there existed no space for these conversations. According to Grace Chirenje,2191 “young women’s participation in the women’s movements in Southern Africa was not a walk in the park.” It was a contestation of space, power, voice and agency. In East Africa, the larger youth movement was male-dominated. This made it challenging for empowered young women to have a voice, challenge the patriarchy and have a bold intersectional way of thinking when it came to different forms of discrimination against women, especially young women and girls. In West Africa, young women’s activism is, most of the time, organisation-led – that is, led by young women within an institution. For instance, the Breaking Barriers West Africa Campaign is led by the Gender Centre for Empowering Development and the African Movement for Democracy and has young women representatives from Gambia, Ghana, Mali, Liberia, Nigeria and Sierra Leone. In order to have their voices heard, challenge inequalities and tackle issues like abortion rights, sexual orientation, gender identities and access to contraceptives, young women have organised boldly and creatively. In South Africa, tensions between old and young feminists led to the birth of the Young Women’s Voices Campaign in 2009.2192 When tensions between old and young activists grew, few young women occupied meaningful roles within the larger movement. Interpretations and understandings of feminism exposed the bold nature of challenging the patriarchy, and some young women viewed feminism as aggressive and uncomfortable, and did not identify as feminists even as they worked on women’s rights.2193 Those interested in being part of the movement saw no entry points to contribute to the conversation and women’s rights work. It became clear that the movement had not sufficiently invested in young women’s involvement, even though fresh perspectives were badly needed. Despite these challenges, the young women’s movement continued to grow and organise differently, using social media to mobilise, unpacking spirited discussions considered taboo, such as on sex and sexuality, and putting in place an intersectional approach that linked LGBTQ rights to sex workers’ rights, climate justice issues and movements related to sexual violence and reproductive justice.

9.3. Use of Technology in Organising and Movement Building by Young African Women Young women resist in ways that are nuanced, contradictory and increasingly bold and are bucking traditional dictates.2194 Their ways of resisting and challenging power scare people and most of the time female youth counter-

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narratives are either invisible or little understood, or pathologised as illicit, immoral or irresponsible. Young women use technology and social media more as a way of negotiating power and space, as these offer safer methods by which to connect and interact. Digital media has become a powerful tool in organising for different causes, as young women not only are technically savvy but also have found creative ways of building effective movements by creating new pathways to challenge oppressions and inequalities.2195 A recent study by Plan International West and Central Africa Regional Hub showed that young feminists using technology had higher levels of education and were from better-off socioeconomic backgrounds. 2196

In East Africa, in 2014, young women saw the potential for using technology to organise campaigns after a video of

a woman being stripped naked on public transport went viral. Through the different Facebook groups, such as Kilimani Mums, young feminists organised a peaceful protest: over 25,000 women went to the streets with short dresses chanting #MyDressMyChoice. This movement challenged how men treated women in public and brought about a policy change. The court sentenced the perpetrators of the assault to life imprisonment, and the Kenyan Parliament passed a law against forcible “stripping,” making it punishable by 10 years’ imprisonment.2197 Digital activism is useful, and social media tools, such as Facebook, have been instrumental in the documentation of citizens’ stories of violence and enabling young women to challenge the law. However, while technology has provided a platform from which young women can organise protests, it has also created challenges. Movements organised digitally are not reaching all young women. For instance, the online activist space in West Africa does not directly represent large numbers of girls and young women who are not online or have access to the organising opportunities that university or secondary education creates. Young feminist movements are frequently organised around single issues, mobilising when they experience specific incidents of oppression, violence or inequality. In South Africa, young female students organised around the #EndRapeCampaign at different universities, encompassing issues including not only gender and sexuality but also race, sexual orientation and disability. In East Africa, Kenyan and Ugandan young women have organised campaigns against femicide and VAW, influencing policy change and processes. In conflict regions such as Central African Republic, South Sudan and Sudan, peace-building has been used as an entry point for young women organising and calling for change.

9.4. Challenges and Opportunities for Young Women’s Movements Some AU Member States experienced armed conflict during the Decade. Central Africa in particular has suffered conflicts and civil wars since 2012. War challenges gender equality, especially for young women hoping to participate in peacebuilding. Central African Republic has experienced much change when it comes to leadership and governance and mobilising for change. According to Pamela Audrey Derom, Chair of the National Youth Council, “women are leading movements and starting initiatives to advance women’s rights, but the challenges I faced while campaigning show many barriers that continue to hinder young women’s participation in leadership positions.”2198 Young women groups across the continent face multiple challenges, such as lack of funding, weak inclusion in decisionmaking and marginalisation by a political system that seems to serve only a political elite. 2199 Many young women movements have to rely on organisational, programmatic support. A report in 2014 revealed that lack of financial resources affects many young women-led organisations. In sub-Saharan Africa, young women movements feel unsafe because of threats and attacks perpetrated by traditional authorities.2200 In their work, young women’s movements often incorporate other movements, such as those covering LGBTQ, sex work and climate justice issues. They also broaden the discussion by tackling issues such as climate change and SRHR, including comprehensive sexuality education, safe and legal abortion and access to contraceptives for adolescent girls and young women.

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CASE STUDIES

Women Lead the #EndSARS Movement in Nigeria Nigeria is the most populous nation in Africa, and half of its population is under the age of 19.2201 Police abuses are pervasive in Nigerian society, and police brutality is a deep-seated problem.2202 Although Nigerian law guarantees the right to protest, security forces have a history of suppressing demonstrations. The Special Anti-Robbery Squad (SARS), created in 1992, is responsible for combatting armed robbery and other serious crimes.2203 Although initially successful in reducing crime rates, its officers have been accused of kidnapping, rape, extortion, torture and murder. Amnesty International documented at least 82 cases of torture, ill-treatment and extra-judicial execution by SARS between January 2017 and May 2020.2204 SARS officers have been allowed to act with impunity, mostly profiling and targeting young men aged 18–35.2205 While it is predominantly young men who experience police brutality, the squad has also been linked to several cases of sexual assault and VAW.2206 Sexual violence against female detainees has persisted despite the passage of the Violations against Persons Prohibitions Act in 2015.2207 On 3 October 2020, a video surfaced on social media of a man allegedly being killed by the SARS unit. The video sparked outrage, and thousands of young Nigerians in Lagos and across the country took to the streets, calling for an end to police brutality and disbanding of the SARS unit. While Nigerians, particularly the younger generation, have protested police brutality since 2017, intermittently using the hashtag #EndSARS, what makes the 2020 protests different is the prominence of young women in steering and sustaining the movement. Women like Damilola Odufuwa and Odunayo Eweniyi, founders of the Feminist Coalition, Feyikemi “FK” Abudu and Rinu Oduala, lead the #EndSARS movement. The Feminist Coalition, a collective of Nigerian women, formed in July 2020 to advance women’s rights in Nigeria,2208 has become the coordinating centre for #EndSARS.2209 The protesters demanded the immediate release of all protesters and justice for all police brutality victims, as well as appropriate compensation for their families. They called for an independent body to investigate and prosecute all reports of police misconduct and an increase in salaries to adequately compensate police officers for protecting citizens’ lives and property and help fight corruption.2210 The police’s response to the protests was unaccommodating: protesters were tear-gassed, arrested, detained and even shot.2211 A few days after the protests began, the Nigerian government announced the disbandment of the SARS and commissioned panels of inquiry into police brutality.2212,2213 This was met with scepticism by the protesters, as the government had already disbanded the unit four times, only to bring it back. The newly formed Special Weapons and Tactics Team is seen as the same idea with a different name. Moreover, many felt the announcements fell short of demands for accountability and justice for police abuses in general and those by SARS specifically.2214 Participation in the #EndSARS protests has come with a high cost. Many protesters died during the protests; others endured violence and threats. One woman was beaten with batons and sticks by six officers.2215 Another female activist had her bank account frozen, and a lawyer who offered legal aid to those arrested had her passport confiscated.2216 Another activist revealed the strain the activism had had on her mental health. The Feminist Coalition’s website was blocked inside Nigeria. As a result of the threats and challenges, many left the country.

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Despite the challenges and threats to the activists themselves, the movement has persisted, and calls for police reform and accountability of those responsible have become more amplified. One of the movement’s leaders, Rinu Oduala, has joined a judicial inquiry panel in Lagos looking into police abuse – one of the protesters’ key demands after the president announced he had disbanded the unit.2217 Critical to the effective organisation of and sustaining the #EndSARS movement has been its leadership.2218 Using their considerable skills, female activists used social media, mainly the hashtag #EndSARS, to raise awareness nationally and globally of police brutality, to rally people to attend the protests and to organise support for the protesters. Through innovative and skilled social media use, the movement brought together a young and diverse group of activists with support from the Nigerian diaspora and the global community. The Feminist Coalition used its tech experience to fundraise, putting donations towards organising a helpline and offering medical assistance, legal aid and mental health support to both protesters and the families of those who lost their lives in the protests.2219 By tapping into its diverse group of activists, the movement has overcome challenges and found additional ways to raise awareness, such as via podcasts. In a patriarchal society such as that of Nigeria, with women activists at the forefront, the #EndSARS movement contributes to dispelling the perception that women are not leaders. However, there is still some distance to go in changing perceptions related to female leadership.

The My Dress, My Choice Campaign, Kenya Like women and girls worldwide, Kenyan women and girls experience and fear sexual harassment and VAW, from unwelcome sexual remarks and gestures to rape and femicide, in public spaces and on public transportation.2220 In a 2010 Gallup World Poll, 48.2% of Kenyan women feared that a household member could be sexually harassed.2221 Incidents in which women are stripped in public for what is deemed indecent clothing are common.2222 Lack of safety, security and dignity often lead female passengers to change their routes to avoid victimisation and alter the way they dress.2223 This reduces their freedom of movement and choice and negatively affects their ability to participate in public life, such as school and work.2224 Existing legislation to protect women against SGBV and harassment, such as the Sexual Offense Act of 2006, is not adequately enforced, thus denying Kenyan women their rights. Most SGBV and harassment incidents go unreported and the perpetrator goes unpunished. Moreover, views of what constitutes decent and appropriate attire in public vary in Kenya. In patriarchal societies, firmly held traditional views defend perpetrators’ actions while criticising and blaming the victims. In September 2014, a Kenyan woman waiting at a bus stop in Nairobi was stripped, threatened and assaulted by a group of men in broad daylight. The attackers accused the woman, who wore a miniskirt, of tempting them because she was wearing indecent and provocative clothing in public.2225 The woman screamed for help but only a couple of brave people came to her defence and provided her with clothes to cover herself.2226 This assault, unlike many others, was recorded by fellow passengers on the street at the bus stop and the video was posted online. The videos went viral under the hashtag #MyDressMyChoice and sparked the My Dress, My Choice movement, as Kenyan women felt they could no longer remain silent. Kilimani Mums, a women-only Facebook group with over 25,000 members, joined by organisations such as the Centre for Rights Education and Awareness and the African Women’s Development and Communication Network (FEMNET), organised a protest on 17 November 2014, using the hashtag #MyDressMyChoice.2227 The protest gathered nearly a thousand women and men in the centre of Nairobi.2228 As the victim did not file a complaint, the police could not take action. Therefore, part of the protest’s purpose was to call on the police and Kenya’s president to condemn the criminal and brutal act publicly.2229 It also drew attention to the issue of SGBV in the country. The #MyDressMyChoice activists also called on the director of public prosecutions to immediately prosecute to the fullest extent of the law everyone involved in the assault of the woman at the bus stop and every other perpetrator of GBV in Kenya. They also called on the government to expand the database of

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special prosecutors on GBV and the judiciary to prioritise GBVcases to ensure expedient access to justice for survivors of violence in Kenya Although challenges remain, the #MyDressMyChoice campaign and the protests have influenced critical steps in addressing GBV in Kenya. The protests caught Kenyan leaders’ attention, such as Kenyan Deputy President William Ruto, who denounced the attack and ordered a criminal investigation.2230 Speaker of the National Assembly Justin Muturi expressed contempt for the assault, noting that it violated Article 19 of the Constitution on fundamental freedoms.2231 Notably, the movement and the protests generated pressure on elected officials, resulting in several changes. In December of 2014, Kenya passed the Security Laws Amendment Act, which criminalises forcible stripping, making it punishable by 10 years’ imprisonment.2232 In July 2017, the three men who stripped, robbed and violently sexually assaulted the woman at the bus stop were sentenced to life in prison by a court in Nairobi. Many praised the perpetrators’ sentencing, noting that it underlined that VAW was a criminal act and that women had equal rights to access public spaces and public transportation and to feel safe and secure. Civil society is working with the operators of matatu (privately owned minibuses) to expand access to driver training programmes. The National Transportation and Safety Authority has implemented a new driving school curriculum to ensure a safe environment for all who use public transportation.2233 The use of social media here helped raise awareness of the movement and the protests. It also drew attention to SGBV and harassment in Kenya, particularly the assault at the bus stop but also the many cases that go unreported. Meanwhile, it helped spark increased action by many Kenyan men, who joined the women in the protests and called for increased gender equality and respect for women’s rights and dignity. Together, these changes are contributing to achieving greater security and equal rights in public spaces.

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7. REFERENCES

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WHO Africa (2020) “COVID-19 cases top 10 000 in Africa”, https://www.afro.who.int/news/covid-19-cases-top-10-000-africa

Reuters (2020) “Remote Lesotho becomes last country in Africa to record COVID-19 case”, https://www.reuters.com/article/us-healthcoronavirus-lesotho-idUSKBN22P1R4

All statistics from Africa CDC - Coronavirus Disease 2019 (COVID-19), https://africacdc.org/covid-19/, accessed 6 October 2020

Geli, P. (2020) “Africa Centres for Disease Control and Prevention’s COVID-19 response: a united, continental strategy”, World Bank blog. https://blogs.worldbank.org/health/africa-centres-disease-control-and-preventions-covid-19-response-unitedcontinental-strategy; World Bank (2020) Africa’s Pulse Volume 21, p. 21, https://openknowledge.worldbank.org/bitstream/ handle/10986/33541/9781464815683.pdf?sequence=18&isAllowed=y

Only 26 countries (for which data was available) had one or more than one bed per 1,000 people, according to the WDI, “Hospital beds (per 1,000 people)”, https://databank.worldbank.org/reports.aspx?source=2&series=SH.MED.BEDS.ZS&country=

World Bank (2020) Africa’s Pulse Volume 21, p. 21

Fórum Mulher (2020) “Impacto da COVID-19 na vida das mulheres e Raparigas em Moçambique”, http://forumulher.org.mz/project/ impacto-do-covid-19-na-vida-das-mulheres/

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World Bank (2020) Africa’s Pulse Volume 21, p. 20

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 20, www.aprm-au.org/publications/africas-governance-reportto-covid-19/

Article 66 of the Algeria’s Constitution of 1989 as reinstated in 1996, https://www.constituteproject.org/constitution/Algeria_2016. pdf?lang=en, as well as Article 65(1) of the draft Constitution of 2020, https://constitutionnet.org/vl/item/algeria-draft-constitution; Articles 21(f) and 77 of Angola’s Constitution of 2010, https://www.constituteproject.org/constitution/Angola_2010.pdf?lang=en; Article 8 of Benin’s Constitution of 1990, https://www.constituteproject.org/constitution/Benin_1990.pdf?lang=en; Article 18 of Burkina Faso’s Constitution of 1991, https://www.constituteproject.org/constitution/Burkina_Faso_2015.pdf?lang=en; Article 55 of Burundi’s Constitution of 2018, https://www.constituteproject.org/constitution/Burundi_2018.pdf?lang=en; Article 68 of Cabo Verde’s Constitution of 1980, https://www.constituteproject.org/constitution/Cape_Verde_1992.pdf?lang=en; Article 8 of Central African Republic’s Constitution of 2016, https://www.constituteproject.org/constitution/Central_African_Republic_2016.pdf?lang=en; Article 42(1) of Comoros’ Constitution of 2018, https://www.constituteproject.org/constitution/Comoros_2018.pdf?lang=en; Article 9(2) of Côte d’Ivoire’s Constitution of 2016, https://www.constituteproject.org/constitution/Cote_DIvoire_2016.pdf?lang=en; Article 36 of Republic of Congo’s Constitution of 2015, https://www.constituteproject.org/constitution/Congo_2015.pdf?lang=en; Article 47 of DR Congo’s Constitution of 2005, https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011. pdf?lang=en; Article 18 of Egypt’s Constitution of 2014, https://www.constituteproject.org/constitution/Egypt_2019.pdf?lang=en; Article 23(2) of Equatorial Guinea’s Constitution of 1991, https://www.constituteproject.org/constitution/Equatorial_Guinea_2012. pdf?lang=en; Article 21(1) of Eritrea’s Constitution of 1997, https://constituteproject.org/constitution/Eritrea_1997.pdf?lang=en; Articles 41(3) and (4) Ethiopia’s Constitution of 1994, https://www.constituteproject.org/constitution/Ethiopia_1994.pdf?lang=en; Article 1(8) of Gabon’s Constitution of 1991, https://www.constituteproject.org/constitution/Gabon_2011.pdf?lang=en; Section 216(4) Gambia’s Constitution of 1996, https://www.constituteproject.org/constitution/Gambia_2018.pdf?lang=en, and Article 62 of the 2020 draft Constitution, https://www.constituteproject.org/constitution/Gambia_2020D.pdf?lang=en; Article 15 of Guinea’s Constitution of 2010, https://www.constituteproject.org/constitution/Guinea_2010.pdf?lang=en; Article 15 of Guinea-Bissau’s Constitution of 1984, https://www.constituteproject.org/constitution/Guinea_Bissau_1996.pdf?lang=en; Section 43(1)(a) of Kenya’s Constitution of 2010, https://www.constituteproject.org/constitution/Kenya_2010.pdf?lang=en; Section 27 of Lesotho’s Constitution of 1993, https://www. constituteproject.org/constitution/Lesotho_2018.pdf?lang=en; Article 8 of Liberia’s Constitution of 1986, https://www.constituteproject. org/constitution/Liberia_1986.pdf?lang=en; Article 8 of Libya’s Constitution of 2011, https://www.constituteproject.org/constitution/ Libya_2012.pdf?lang=en and Article 57 of the 2017 draft Libyan Constitution, https://www.constituteproject.org/constitution/ Libya_2016D.pdf?lang=en; Article 19 of Madagascar’s Constitution of 2010, https://www.constituteproject.org/constitution/ Madagascar_2010.pdf?lang=en; Section 13(c) of Malawi’s Constitution of 1994, https://www.constituteproject.org/constitution/ Malawi_2017.pdf?lang=en; Article 17 of Mali’s Constitution of 1992, https://www.constituteproject.org/constitution/Mali_1992. pdf?lang=en; Article 31 of Morocco’s Constitution of 2011, https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en; Articles 89 and 116 of Mozambique’s Constitution of 2004, https://www.constituteproject.org/constitution/Mozambique_2007. pdf?lang=en; Articles 12 and 13 of Niger’s Constitution of 2010, https://www.constituteproject.org/constitution/Niger_2017. pdf?lang=en; Section 17(3)(d) of Nigeria’s Constitution of 1999, https://www.constituteproject.org/constitution/Nigeria_2011. pdf?lang=en; Article 21 of Rwanda’s Constitution of 2003, https://www.constituteproject.org/constitution/Rwanda_2015.pdf?lang=en; Article 37 of the Constitution of the Sahrawi Arab Democratic Republic, https://www.policinglaw.info/assets/downloads/2015_ Constitution_of_the_Sahrawi_Arab_Democratic_Republic.pdf; Article 50 of São Tomé and Príncipe’s Constitution of 1975, https://www. constituteproject.org/constitution/Sao_Tome_and_Principe_2003.pdf?lang=en; Article 8 of Senegal’s Constitution of 2001, https:// www.constituteproject.org/constitution/Senegal_2016.pdf?lang=en; Section 18 of Seychelles’ Constitution of 1993, https://www. constituteproject.org/constitution/Seychelles_2017.pdf?lang=en; Section 8(3)(d) of Sierra Leone’s Constitution of 1991 as reinstated in 1996, https://www.constituteproject.org/constitution/Sierra_Leone_2013.pdf?lang=en; Article 27(2) of Somalia’s Constitution of 2012, https://www.constituteproject.org/constitution/Somalia_2012.pdf?lang=en; Section 27(1)(a) of South Africa’s Constitution of 1996, https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en; Articles 31 and Schedule (B)(13) of South Sudan’s Constitution of 2011, https://www.constituteproject.org/constitution/South_Sudan_2013.pdf?lang=en; Articles 8(14) and 65 of Sudan’s Constitution of 2019, https://www.constituteproject.org/constitution/Sudan_2019.pdf?lang=en; Section 60(8) of Eswatini’s Constitution of 2005, https://www.constituteproject.org/constitution/Swaziland_2005.pdf?lang=en; Article 34 of Togo’s Constitution of 1992, https://www.constituteproject.org/constitution/Togo_2007.pdf?lang=en; Article 38 of Tunisia’s Constitution of 2014, https:// www.constituteproject.org/constitution/Tunisia_2014.pdf?lang=en; Articles XIV(b) and XX Uganda’s Constitution of 1995, https://www. constituteproject.org/constitution/Uganda_2017.pdf?lang=en; Sections 29 and 76 of Zimbabwe’s Constitution of 2013, https://www. constituteproject.org/constitution/Zimbabwe_2017.pdf?lang=en

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Botswana’s Constitution allows a number of rights to be restricted, including freedom of movement (Section 14(3)(a)), as reasonably required in the interests of public health, https://www.constituteproject.org/constitution/Botswana_2016.pdf?lang=en; in Chad, the National Police has for its mission “to see to […] the public health [salubrité]”(Article 193), https://www.constituteproject.org/ constitution/Chad_2018.pdf?lang=en; Ghana’s Constitution catalogue of fundamental freedoms allows for restrictions if they are “reasonably required in the interest of […] public health” (Article 21(4)(c)), https://www.constituteproject.org/constitution/Ghana_1996. pdf?lang=en; Sections 13(2)(a), 14(2)(a) and 15(3)(a) and (b) of the Constitution of Mauritius allow laws in the interests of public health that limit the freedom of assembly and association, the freedom to establish schools and freedom of movement, respectively, https:// www.constituteproject.org/constitution/Mauritius_2016.pdf?lang=en; pursuant to Section 30(2)(b) of Tanzania’s Constitution, human rights and freedoms, the principles of which are set out in this Constitution do not “invalidate any existing legislation or prohibit the enactment of any legislation or the doing of any lawful act in accordance with such legislation for the purposes of […] public health”; freedom of association and assembly or movement can also be restricted for reasons of public health in Zambia (Articles 21(2)(a) and 22(3)(a) of the Constitution), https://www.constituteproject.org/constitution/Zambia_2016.pdf?lang=en ICNL COVID-19 Civic Freedom Tracker (2020), https://www.icnl.org/covid19tracker/; see also Ahram Online (2020) “Egypt parliament approves amendments giving president new powers to contain coronavirus”, https://english.ahram.org.eg/NewsContent/1/64/367831/ Egypt/Politics-/Egypt-parliament-approves-amendments-giving-presid.aspx; Tunisia’s Loi n° 2020-19 du 12 avril 2020, habilitant le Chef du Gouvernement à prendre des décrets-lois dans l’objectif de faire face aux répercussions de la propagation du Coronavirus (Covid-19), https://legislation-securite.tn/fr/node/104786; Ghana’s Imposition of Restrictions Act 2020, https://www.icnl.org/ covid19tracker/covid19uploads/Ghana - Imposition of Restrictions Act.pdf; Gabon’s Loi n° 001/2020 du 25 avril 2020 modifiant et complétant certaines dispositions de la loi n°11/90 du 16 novembre 1990 relative a l’état d’urgence, https://64695626-4c16-4c32-a0510af78a00c561.filesusr.com/ugd/33bbf3_9988dd398fd84c28aeea065403f4293a.pdf; MENA Rights Group (2020) “En pleine pandémie, le gouvernement algérien durcit la législation pénale au détriment des libertés d’expression et d’association”, https://menarights.org/en/ articles/en-pleine-pandemie-le-gouvernement-algerien-durcit-la-legislation-penale-au-detriment-des#:~:text=La%20loi%20n°2006%20a%20introduit%20l’article,ou%20calomnieuses%2C%20susceptibles%20de%20porter

Section 27 Regulation No. 466/2020, https://www.icnl.org/covid19tracker/covid19uploads/Ethiopia%20State%20of%20Emergency%20 Reg.466%20(Implem.of%20Proc.3.2012%20State%20of%20Emergency).pdf; Botswana’s Emergency Powers (Covid-19) Regulations 2020, Section 30(3), https://bw.usembassy.gov/wp-content/uploads/sites/125/Emergency-Powers-COVID-19-Regulations-2020. pdf; Section 5.1 of the Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Disaster Management Act 2002 (No. 57 of 2002), https://www.gov.za/sites/default/files/gcis_document/202003/43164gon-417.pdf

AllAfrica (2020), “Egypt blocks online ‘fake news’ about coronavirus”, https://allafrica.com/stories/202004030645.html

See, for instance: Ethiopia’s Regulation No.466/2020, https://www.icnl.org/covid19tracker/covid19uploads/Ethiopia%20State%20 of%20Emergency%20Reg.466%20(Implem.of%20Proc.3.2012%20State%20of%20Emergency).pdf, and Proclamation No. 3/2020, https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/110046/136731/F-912290884/ETH110046.pdf; Kenya’s Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules 2020, https://www.icnl.org/covid19tracker/covid19uploads/Kenya%20 -%20Public%20Health%20(COVID-19%20Restriction%20of%20Movement%20of%20Persons%20and%20Related%20measures)%20 Rules,%202020.pdf; Botswana’s Emergency Powers (Covid-19) Regulations 2020, https://covid19portal.gov.bw/sites/default/ files/2020-05/ExtraordinaryGazette02-04-2020.pdf and its amended versions, see Botswana COVID-19 Regulations 2020, https:// covid19portal.gov.bw/covid-19-regulations; Eswatini’s The Coronavirus (COVID-19) Regulations 2020, www.gov.sz/images/CORONA/ The-Coronavirus-COVID-19-Regulations-2020.pdf; Malawi’s Public Health (Corona Virus and COVID-19) (Prevention, Containment and Management) Rules 2020, https://malawilii.org/mw/legislation/si/gn-48; Namibia’s State of Emergency - COVID-19 Regulations: Namibian Constitution, https://www.lac.org.na/laws/2020/7159.pdf; South Africa’s regulations relating to COVID-19 issued under the Disaster Management Act, https://openbylaws.org.za/za/act/gn/2020/318/eng/; Zambia’s Public Health (Infected Areas) (Coronavirus Disease 2019) Regulation No. 22 of 2020, http://zambialii.org/zm/legislation/statutory-instrument/2020/22; Zimbabwe’s Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order 2020 and its subsequent amendments, https://www. veritaszim.net/node/4046

ICNL (2020) “African government responses to COVID-19”, https://www.icnl.org/post/analysis/african-government-response-tocovid-19; US Embassy in Madagascar and Comoros COVID-19 Information 2020, https://mg.usembassy.gov/u-s-citizen-services/ security-and-travel-information/covid-19-information/; UN OCHA (2020) “West and Central Africa COVID-19 Digest - Sao Tome and Principe”, https://reports.unocha.org/en/country/west-central-africa/card/597OZP0Tka/

ICNL (2020) “African government responses to COVID-19”; UN Djibouti (2020) “COVID-19 situation report #9”, https://reliefweb.int/sites/ reliefweb.int/files/resources/Republic%20of%20Djibouti%20-%20COVID-19%20Situation%20Report%20%239%2C%2017%20May%20 -%202%20June%202020.pdf; Sari, E. (2020) “Coronavirus: why Madagascar is back under lockdown”, https://www.theafricareport. com/33119/coronavirus-why-madagascar-is-back-under-lockdown/; Africanews (2020) “Republic of Congo begins life after lockdown”, https://www.africanews.com/2020/05/19/republic-of-congo-begins-life-after-lockdown/; AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 35

Government of Benin (2020) “Riposte contre le Coronavirus (Covid-19) - Inphographie: Mise en place d’un cordon sanitaire”, https://www.gouv.bj/upload/images/covid19/0704972001586863156.jpeg; Osseni, I.A. (2020) “Benin responds to covid-19: sanitary cordon without generalized containment or lockdown?”, Tropical Medicine and Health, https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC7293962/

S v. President of Malawi and Others; Ex Parte: Kathumba and Others (Judicial Review Cause No. 22 of 2020) [2020] MWHC 7 (17 April 2020), see Library of Congress (2020) “Malawi: High Court temporarily blocks COVID-19 lockdown”, https://www.loc.gov/law/foreignnews/article/malawi-high-court-temporarily-blocks-covid-19-lockdown/

Africanews (2020) “Angolan doctors rally against police brutality”, https://www.africanews.com/2020/09/13/angolan-doctors-rallyagainst-police-brutality/; Sunday Standard (2020) “Amnesty International shrugs off Botswana’s police brutality reports”, https://www. sundaystandard.info/amnesty-international-shrugs-off-botswanas-police-brutality-reports/; IOL (2020) “Police in Ghana accused of using fan belts and horsewhips on journalist during Covid-19 lockdown”, https://www.iol.co.za/news/africa/police-in-ghana-accusedof-using-fan-belts-and-horsewhips-on-journalist-during-covid-19-lockdown-45921503; Moceri, A.(2020) “Morocco is a COVID-19 success story. But at what cost?”, World Politics Review, https://www.worldpoliticsreview.com/articles/28840/in-morocco-humanrights-deteriorate-amid-a-strict-covid-19-response; Amnesty International (2020) “Ethiopia: stop the use of deadly force on protesters”, https://www.amnesty.org/en/latest/news/2020/08/ethiopia-stop-the-use-of-deadly-force-on-protesters/

Sunday Standard (2020) “Amnesty International shrugs off Botswana’s police brutality reports”

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AWD Report 2020

Namu, J. and Riley, T. (2020) “Nine weeks of bloodshed: how brutal policing of Kenya’s Covid curfew left 15 dead”, The Guardian, https://www.theguardian.com/global-development/2020/oct/23/brutal-policing-kenyas-covid-curfew-left-15-dead; Harrisberg, K. (2020) “South Africans protest police brutality against poor under lockdown”, Reuters, https://www.reuters.com/article/us-safricaprotests-police-trfn-idUSKBN23G2QQ; BBC (2020) “Uganda - where security forces may be more deadly than coronavirus”, https:// www.bbc.com/news/world-africa-53450850; BBC (2020) “Coronavirus: security forces kill more Nigerians than Covid-19”, https://www. bbc.com/news/world-africa-52317196

Obaji, P. Jr. (2020) “Women ‘abused’ by police enforcing COVID-19 rules in Nigeria”, AlJazeera, https://www.aljazeera.com/ features/2020/9/9/women-abused-by-police-enforcing-covid-19-rules-in-nigeria

Kyed, M.H. (2020) “COVID-19 in Mozambique: police violence, mistrust of government and the fear of hunger”, DIIS ,https://www.diis. dk/en/research/covid-19-in-mozambique-police-violence-mistrust-of-government-and-the-fear-of-hunger; Africanews (2020) “Antilockdown protest in Madagascar over alleged police brutality” AllAfrica (2020) “Angola: COVID-19 - national police apologize to population”, https://allafrica.com/stories/202006100889.html

ICNL (2020) “African government responses to COVID-19”

26 27

Rahmouni, Z. (2020) “Algeria rights groups say government cracking down on critics”, AlJazeera, https://www.aljazeera. com/news/2020/04/23/algeria-rights-groups-say-government-cracking-down-on-critics/?mc_cid=5930a942bf&mc_ eid=53f475e67b; AP News (2020) “Egypt arrests doctors, silences critics over virus outbreak”, https://apnews.com/article/ cf9528ebff1d5dd7e3b95d467d7e9418; Abrougui, A. (2020) “Setbacks for freedom of expression as Tunisia fights COVID-19”, Global Voices, https://advox.globalvoices.org/2020/04/28/setbacks-for-freedom-of-expression-as-tunisia-fights-covid-19/; Rubadiri, V. (2020) “For journalists in Kenya, ‘2020 is the worst year on record’”, Global Voices, https://advox.globalvoices.org/2020/10/20/for-journalistsin-kenya-2020-is-the-worst-year-on-record/; AFP (2020) “Dozens of anti-buhari protesters arrested in Nigeria: activists”, https://www. barrons.com/news/dozens-of-anti-buhari-protesters-arrested-in-nigeria-activists-01596652204 AccessNow (2020) “COVID-19 contact-tracing apps in MENA: a privacy nightmare”, https://www.accessnow.org/covid-19-contacttracing-apps-in-mena-a-privacy-nightmare/

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 35 UN (2020) “Addressing the impacts of the COVID-19 pandemic on women migrant workers”, Guidance Note, https://www.unwomen. org/-/media/headquarters/attachments/sections/library/publications/2020/guidance-note-impacts-of-the-covid-19-pandemic-onwomen-migrant-workers-en.pdf?la=en&vs=227

OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 3, https://read.oecd-ilibrary.org/view/?ref=127_127000awfnqj80me&title=Women-at-the-core-of-the-fight-against-COVID-19-crisis, OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 12, https://read.oecd-ilibrary.org/view/?ref=134_134470-w95kmv8khl&title=COVID19-crisis-in-the-MENA-region-impact-on-gender-equality-and-policy-responses; National Council for Women (2020) “Women policy tacker on responsive policies & programs during the new COVID-19 pandemic”, ncw.gov.eg/Images/PdfRelease/Second%20Edition%20 Women%20policy%20Tr-52020711172342.pdf

OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 2

Those ministers are Dr Silvia Lutucuta in Angola, Pr Léonie Lougue in Burkina Faso, Dr Jacqueline Lydia Mikolo in Republic of Congo, Dr Hala Zayed in Egypt, Ms Amna Nurhusein in Eritrea, Dr Lia Tadesse in Ethiopia, Ms Angelique Ngoma in Gabon, Dr Isatou Touray in Gambia, Dr Wilhelmina Jallah in Liberia, Dr Diane Gashumba in Rwanda, Ms Jira Bulahi Bad in Sahrawi, Dr Awa Marie Coll-Seck in Senegal, Dr Fowsiya Nur in Somalia, Ms Elizabeth Achuei in South Sudan, Ms Lizzy Nkosi in e Swatini, Dr Ummy Mwalimu in Tanzania, Dr Habiba Zéhi Ben Rondhane in Tunisia and Dr Jane Aceng in Uganda.

Zarrilli, S. and Linoci, M. (2020) “What future for women small-scale and informal cross-border traders when borders close?”, UNTAD, https://unctad.org/news/what-future-women-small-scale-and-informal-cross-border-traders-when-borders-close

ILO (2018) “Women and men in the informal economy: a statistical picture”, p. 29, https://www.ilo.org/wcmsp5/groups/public/--dgreports/---dcomm/documents/publication/wcms_626831.pdf

Ibid. p. 20

OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 6

Varia, N. (2020) “It is time for the world to start caring for the caregivers”, AlJazeera, https://www.aljazeera.com/indepth/opinion/timeworld-start-caring-caregivers-200430082235933.html

Varia, N. (2020) “It is time for the world to start caring for the caregivers”

AfDB (2020) “Affirmative Finance Action for Women in Africa, ImpactHER and UN Women Policy Brief exposes disadvantages to women entrepreneurs in post COVID-19 era, offers solutions”, https://www.afdb.org/en/news-and-events/press-releases/affirmative-financeaction-women-africa-impacther-and-un-women-policy-brief-exposes-disadvantages-women-entrepreneurs-post-covid-19-eraoffers-solutions-36891

UN Women, AfDB and ImpactHER (2020) “Transformative policy solutions to support women-led businesses in Africa in a post covid-19 world”, Policy Brief, www.afdb.org/en/documents/policy-brief-transformative-policy-solutions-support-women-led-businesses-africapost-covid-19-world OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 7

UN Women et al. (2020) “Transformative policy solutions to support women-led businesses in Africa in a post COVID-19 world”

OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 6; Chisiri, T. (2020) “Cross border traders losing source of livelihood”, Gender Links, https://genderlinks.org.za/news/cross-border-traders-lose-source-of-livelihood-due-to-covid-19/

Zarrilli and Linoci (2020) “What future for women small-scale and informal cross-border traders when borders close?”

Philip, X. (2020) “Uganda/Kenya: women traders hit hard by ‘COVID-19 nationalism’”, The Africa Report, https://www.theafricareport. com/38015/uganda-kenya-women-traders-hit-hard-by-covid-19-nationalism/

Chisiri (2020) “Cross border traders losing source of livelihood”

48 49

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 11, https://www.unaids.org/sites/default/files/media_asset/women-girls-covid19_en.pdf UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 11

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OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 6

OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 11; AfDB (2020) “Affirmative Finance Action for Women in Africa, ImpactHER and UN Women Policy Brief exposes disadvantages to women entrepreneurs in post COVID-19 era, offers solutions”

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 12

UN Women (2020) “COVID-19: women front and centre: statement by Phumzile Mlambo-Ngcuka, UN Under-Secretary-General and UN Women Executive Director”, https://www.unwomen.org/en/news/stories/2020/3/statement-ed-phumzile-covid-19-women-front-andcentre; OECD (2020) “Women at the core of the fight against COVID-19 crisis”, pp. 2 and 11

AU (2015) “Agenda 2063”, https://au.int/sites/default/files/documents/36204-doc-agenda2063_popular_version_en.pdf

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 3; Giannini, S. (2020) “Covid-19 school closures around the world will hit girls hardest”, UNESCO, https://en.unesco.org/news/covid-19-school-closures-around-worldwill-hit-girls-hardest#:~:text=As%20COVID-19%20forces%20school,pregnancy%20and%20early%20and%20forced

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 3; Giannini (2020) “Covid-19 school closures around the world will hit girls hardest”

UNESCO (2020) “How many students are at risk of not returning to school?”, pp. 5 and 12 sq, https://unesdoc.unesco.org/ark:/48223/ pf0000373992; UNESCO (2020) “Addressing the gender dimensions of COVID-related school closures”, https://unesdoc.unesco.org/ ark:/48223/pf0000373379

HRW (2020) “Impact of Covid-19 on children’s education in Africa”, https://www.hrw.org/news/2020/08/26/impact-covid-19-childrenseducation-africa

Dzair Daily (2020) “Algérie : Les mosquées resteront fermées aux femmes et aux enfants”, https://www.dzairdaily.com/algeriemosquees-resteront-fermer-femmes-enfants/

UNFPA (2020) “Impact of the COVID-19 pandemic on family planning and ending gender-based violence, female genital mutilation and child marriage”, p. 1, https://www.unfpa.org/sites/default/files/resource-pdf/COVID-19_impact_brief_for_UNFPA_24_April_2020_1.pdf

Ibid.

Save the Children (2020) “Sierra Leone: innovative sexual health app to help prevent surge in teenage pregnancy due to Covid-19”, https://www.savethechildren.net/news/sierra-leone-innovative-sexual-health-app-help-prevent-surge-teenage-pregnancy-duecovid-19

Wadekar, N. (2020) “Kenya’s teen pregnancy crisis: more than COVID-19 is to blame”, The New Humanitarian, https://www. thenewhumanitarian.org/news/2020/07/13/Kenya-teen-pregnancy-coronavirus; Plan International (2020) “COVID-19: lockdown linked to high number of unintended teen pregnancies in Kenya”, https://reliefweb.int/report/kenya/covid-19-lockdown-linked-high-numberunintended-teen-pregnancies-kenya; Taremwa, A. (2020) “Kitgum leaders fear schools may not have female students after lockdown due to teenage pregnancies”, UNICEF, www.unicef.org/uganda/stories/kitgum-leaders-fear-schools-may-not-have-female-studentsafter-lockdown-due-teenage

Matebule, T. (2020) “Teenage Pregnancies Surge in Malawi”, Gender Links, https://genderlinks.org.za/news/teen-pregnancies-surge-inmalawi/

Plan International (2020) “COVID-19: lockdown linked to high number of unintended teen pregnancies in Kenya”

HRW (2019) “Africa: pregnant girls, young mothers denied school”, https://www.hrw.org/news/2019/06/16/africa-pregnant-girls-youngmothers-denied-school; Wadekar (2020) “Kenya’s teen pregnancy crisis: more than COVID-19 is to blame”

Angop (2020) “Over 650 HIV/AIDS positive cases reported in Cunene”, https://allafrica.com/stories/202009020558.html

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 11

69 70

Muzarabani, F. (2020) “COVID-19 affecting HIV treatment”, Gender Links, https://genderlinks.org.za/news/covid-19-affecting-hivtreatment/

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 5

Marks, S. (2020) “COVID-19 limits force Ethiopian mothers to give birth at home”, VOA News, https://www.voanews.com/sciencehealth/coronavirus-outbreak/covid-19-limits-force-ethiopian-mothers-give-birth-home; Nation (2020) “The Covid-19 nightmare for pregnant women”, https://nation.africa/health/Tough-call-for-pregnant-women-amid-Covid-19/3476990-5523670-2buxhl/index.html

Refugees International (2020) “Gender matters: Covid-19’s outsized impact on displaced women and girls”, https://reliefweb.int/report/ world/gender-matters-covid-19-s-outsized-impact-displaced-women-and-girls

RFI (2020) “Sexual healthcare efforts falter in Africa as countries focus on Covid-19”, https://www.rfi.fr/en/africa/20200413-sexualhealthcare-efforts-falter-in-africa-as-countries-focus-on-covid-19

Giannini (2020) “Covid-19 school closures around the world will hit girls hardest”

Ndedi, A. (2020) “Framework in ending violence against women and girls with the advent of the COVID9 from an African perspective”, p. 2; OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 2; OECD (2020) “Women at the core of the fight against COVID-19 crisis”, p. 12

UN Women (2020) “Violence against women and girls: the shadow pandemic - statement by Phumzile Mlambo-Ngcuka, Executive Director of UN Women”, https://www.unwomen.org/en/news/stories/2020/4/statement-ed-phumzile-violence-against-women-duringpandemic

UNFPA (2020) “Impact of the COVID-19 pandemic on family planning and ending gender-based violence, female genital mutilation and child marriage”, p. 1

Ibid., p. 2

Kenyan National Council on the Administration of Justice (2020) “Statement on justice sector operations in the wake of the COVID-19 pandemic”

ARISA, SAHRDN, SALC and Amnesty International (2020) “SADC: restrictive COVID-19 regulations presenting concerning ramifications for enjoyment of human rights, including livelihoods”, p. 4, https://www.amnesty.org/download/Documents/AFR0323922020ENGLISH. pdf

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 14

280

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VOA News (2020) “All 36 Nigerian governors declare state of emergency over rapes and violence”, www.voanews.com/africa/all-36nigerian-governors-declare-state-emergency-over-rapes-and-violence

Ndedi (2020) “Framework in ending violence against women and girls with the advent of the COVID9 from an African perspective”, p. 2

UN Women (2020) “Ending violence against women in the context of COVID-19”, https://www.unwomen.org/en/news/stories/2020/3/ ending-violence-against-women-in-the-context-of-covid-19

UNDP, UN Women, IDLO, Worldbank, Pathfinders and UNODC (2020) “Justice for women amidst COVID-19”, p. 15, https://www. unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/justice-for-women-amidst-covid-19-en.pdf

Hodal, K. (2020) “Why coronavirus has placed millions more girls at risk of FGM”, The Guardian, https://www.theguardian.com/globaldevelopment/2020/jun/16/coronavirus-millions-more-girls-risk-fgm

Ibid.

Plan International (2020) “Girls at risk as COVID-19 threatens to leave Arican children behind”, https://plan-international.org/ news/2020-06-16-girls-risk-covid-19-threatens-leave-african-children-behind

Ibid.

Fonyuy, E. (2020) “Cameroon: child marriage worries rise amid coronavirus lockdown in Cameroon”, AllAfrica, https://allafrica.com/ stories/202006120244.html

UNFPA (2020) “Impact of the COVID-19 pandemic on family planning and ending gender-based violence, female genital mutilation and child marriage”, p. 2

WFD (2020) “Women political leaders key to more equal and caring societies, new report shows”, https://www.wfd.org/2020/07/29/ women-political-leaders-key-to-more-equal-and-caring-societies-new-report-shows/

EISA African election calendar 2020, https://www.eisa.org/calendar2020.php

Cooper, J. (2020) “To go ahead with the vote or to postpone? Elections in Africa in the time of COVID-19”, Africa Renewal, https://www. un.org/africarenewal/magazine/july-2020/vote-or-postpone-elections-africa-time-covid-19; IFES (2020) “Elections postponed due to COVID-19 – as of August 25, 2020”, https://www.ifes.org/sites/default/files/elections_postponed_due_to_covid-19.pdf

Ms Sifisosami Dube (Gender Links) in a roundtable “COVID-19 and women’s political participation in Africa: challenges and opportunities” hosted by International IDEA

Ibid.; WFD (2020) “Empowering women candidates to run successful campaigns ahead of the 2021 general elections in Uganda”, https://www.wfd.org/2020/08/05/empowering-women-candidates-to-run-successful-campaigns-ahead-of-the-2021-generalelections-in-uganda/ Ms Sifisosami Dube (Gender Links) in a roundtable “COVID-19 and women’s political participation in Africa: challenges and opportunities”; Masina, L. (2020) “Malawi politicians ignore COVID-19 measures for elections”, VOA News, https://www.voanews.com/ africa/malawi-politicians-ignore-covid-19-measures-elections

Ms Sifisosami Dube (Gender Links) in a roundtable “COVID-19 and women’s political participation in Africa: challenges and opportunities”

UN Women (2018) “Turning promises into action: gender equality in the 2030 Agenda For Sustainable Development”, p. 102, https:// www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2018/sdg-report-gender-equality-in-the-2030agenda-for-sustainable-development-2018-en.pdf?la=en&vs=948

100

101

Tanzania’s Ministry of Health, Community Development, Gender, Elderly and Children (2016) “Tanzania Demographic and Health Survey and Malaria Indicator Survey 2015-2016”, pp. 65 sqq., https://dhsprogram.com/pubs/pdf/FR321/FR321.pdf.

102

Burke, J. and Chingono, N. (2020) “Zimbabwean MDC activists ‘abducted and sexually assaulted’”, The Guardian. https://www. theguardian.com/world/2020/may/17/zimbabwean-mdc-activists-abducted-and-sexually-assaulted#maincontent

UNDP et al. (2020) “Justice for women amidst COVID-19”, p. 23 sq.

103

Amnesty International (2020) “Sub-Saharan Africa: government responses to COVID-19 should guarantee the protection of women and girls’ rights”, www.amnesty.org/en/latest/news/2020/05/subsaharan-africa-government-responses-to-covid-should-guarantee-theprotection-of-women/

104

UNDP (2020) “UN Action joins the call of the Secretary-General for a global ceasefire”, https://www.undp.org/content/undp/en/home/ news-centre/news/2020/un-action-joins-the-call-of-the-secretary-general-for-a-global-c.html; Peace AU (2020) “Chairperson of the African Union Commission calls on belligerents to stop fighting”, https://www.peaceau.org/en/article/chairperson-of-the-africanunion-commission-calls-on-belligerents-to-stop-fighting

105

AU (2020) “Women, Peace and Security (WPS) in the face of COVID-19”, https://au.int/sites/default/files/pressreleases/38368-pr-wps_ covid_ose_15_4_2020.pdf

106

107

UN News (2020) “South Sudan: progress on peace agreement ‘limps along’, UN envoy tells Security Council”, https://news.un.org/en/ story/2020/09/1072502 UN News (2020) “170 signatories endorse UN ceasefire appeal during COVID crisis”, https://news.un.org/en/story/2020/06/1066982; UN (2020) “Update on the Secretary-General’s appeal for a global ceasefire”, pp. 2 sqq, https://www.un.org/sites/un2.un.org/files/update_ on_sg_appeal_for_ceasefire_april_2020.pdf; Lederer, E. (2020) “UN chief: 16 armed groups have responded to cease-fire appeal”, ABC News, https://abcnews.go.com/US/wireStory/chief16-armed-groups-responded-cease-fire-appeal-70443437; WILPF (2020) “Centering women, peace and security in ceasefires”, https://www.peacewomen.org/sites/default/files/!FINAL%20WPS%20Ceasefire%20Brief.pdf; PRIO (2020) “Are the coronavirus ceasefires working?”, https://www.prio.org/utility/DownloadFile.ashx?id=2056&type=publicationfile

108

WILPF (2020) “Centering women, peace and security in ceasefires”

109

Ibid.

110

RFI (2020) “1 million in Burkina Faso displaced by violence, amid Covid-19, climate change”, https://www.rfi.fr/en/africa/20200818-1million-in-burkina-faso-displaced-by-violence-amid-covid-19-climate-change

111

Ibid.

112

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 33

113

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114

Africa CDC (2020) “Africa CDC establishes continent-wide task force to respond to global coronavirus epidemic”, https://africacdc. org/news-item/africa-cdc-establishes-continent-wide-task-force-to-respond-to-global-coronavirus-epidemic/; African CDC (2020) “Africa Joint Continental Strategy for COVID-19 Outbreak”, p. 6, https://au.int/sites/default/files/documents/38264-doc-africa_joint_ continental_strategy_for_covid-19_outbreak.pdf African CDC (2020) “Africa Joint Continental Strategy for COVID-19 Outbreak”, p. 8

115

Ibid.

116

WHO (2020) “COVID-19 situation update for the WHO Africa Region”, External Situation Report 7, p. 7, https://apps.who.int/iris/ bitstream/handle/10665/331763/SITREP_COVID-19_WHOAFRO_20200415-eng.pdf

117

Africa CDC (2020) “Partnership to Accelerate COVID-19 Testing (PACT) in Africa”, https://africacdc.org/download/partnership-toaccelerate-covid-19-testing-pact-in-africa-social-media-materials/

118

Geli (2020) “Africa Centres for Disease Control and Prevention’s COVID-19 response: a united, continental strategy”

119

120

AU (2020) “African Union Chair President Cyril Ramaphosa appoints special envoys to mobilise international economic support for continental fight against COVID-19”, https://au.int/sites/default/files/pressreleases/38352-pr-appointment_of_special_envoys_12_ april_2020.pdf

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 48

121

AU (2020) “Communiqué of the Teleconference Meeting of the Bureau of the Assembly of the AU Heads of State and Government with Chairpersons of the RECs of the African Union Held on 29 April 2020”, https://au.int/en/pressreleases/20200429/communiqueteleconference-meeting-bureau-assembly-african-union-au-heads

122

UNECA (2020) “African finance ministers: urgent need for $100bn immediate emergency financing for COVID-19”, https://archive. uneca.org/media-centre/african-finance-ministers-urgent-need-100bn-immediate-emergency-financing-covid-19

123

124

Ms Vera Daves de Sousa of Angola (Minister of Finance), Ms Rosine Sori-Coulibaly of Burkina Faso (Minister of Economy, Finance and Development), Ms Hiba Mohammed Ali of Sudan (Ministry of Finance) and Ms Zainab Shamsuna Ahmed of Nigeria (Minister of Finance). AU (2020) “AU guidelines on gender responsive responses to COVID-19”, https://au.int/sites/default/files/documents/38617-doc-gewe_ and_covid_19_eng.pdf

125

Geli (2020) “Africa Centres for Disease Control and Prevention’s COVID-19 response: a united, continental strategy”

126

Ibid.

127

Van Heusden, P. (2020) “Africa joins the race to trace COVID-19 with genomics”, The Conversation, https://theconversation.com/africajoins-the-race-to-trace-covid-19-with-genomics-136427; Virological (2020) “First African SARS-CoV-2 genome sequence from Nigerian COVID-19 case”, https://virological.org/t/first-african-sars-cov-2-genome-sequence-from-nigerian-covid-19-case/421

128

Ibid.

129

Africa CDC (2020) “COVID-19 genome sequencing laboratory network launches in Africa”, https://africacdc.org/news-item/covid-19genome-sequencing-laboratory-network-launches-in-africa/

130

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 53 sq.

131

Ibid., p. 53 sq.

132

Ibid., p. 54

133

BBC (2020) “Somalia declares emergency over locust swarms”, https://www.bbc.com/news/world-africa-51348517

134

IGAD (2020) “Ministerial Statement on the Impact of Covid-19 on People on the Move in the IGAD Region”, https://igad.int/pressrelease/2503-ministerial-statement-on-the-impact-of-covid-19-on-people-on-the-move-in-the-igad-region

135

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 55

136

Ibid.

137

Ibid.; SADC (2020) “SADC guidelines on harmonisation and facilitation of cross border transport operations across the region during the COVID-19 pandemic”, https://www.tralac.org/documents/resources/covid-19/regional/3222-final-sadc-guidelines-on-cross-bordertransport-during-covid-19-adopted-on-6-april-2020/file.html

138

AU and APRRM (2020) “Africa’s governance response to COVID-19”, p. 55

139

Ibid. p. 56; SADC (2020) “SADC guidelines on harmonisation and facilitation of cross border transport operations across the region during the COVID-19 pandemic”

140

141

New Vision (2020) “Dr Musenero: the woman at COVID-19 battlefront” The Conversation (2020) “Women traditional leaders could help make sure the pandemic message is heard”, https://theconversation. com/women-traditional-leaders-could-help-make-sure-the-pandemic-message-is-heard-143033

142

Ibid.

143

WHO Namibia (2020) “A comprehensive COVID-19 response from Government, WHO and partners keeps community transmission at bay and protects health services for the vulnerable”, https://www.afro.who.int/news/comprehensive-covid-19-response-governmentwho-and-partners-keeps-community-transmission-bay

144

Johnson Sirleaf, E. (2020) “Opinion: African women are leading the fight against COVID-19”, Devex, https://www.devex.com/news/ opinion-african-women-are-leading-the-fight-against-covid-19-97980

145

Johnson Sirleaf (2020) “Opinion: African women are leading the fight against COVID-19; EJS Center (2020) “How one leader’s response to COVID-19 was shaped by insights from the inaugural Amujae Leadership Forum”, https://www.ejscenter.org/how-one-leadersresponse-to-covid-19-was-shaped-by-insights-from-the-inaugural-amujae-leadership-forum/

146

Johnson Sirleaf (2020) “Opinion: African women are leading the fight against COVID-19”

147

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 16 sq.

148

Ibid.

149

150

Africanews (2020) “African officials donate salaries to COVID-19 fight: Rwanda cabinet joins list”, https://www.africanews. com/2020/04/07/african-officials-donate-salaries-to-covid-19-fight-rwanda-cabinet-joins-list/

282

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Africa Guinée (2020) “Guinée: L’APIP au chevet des micro-entreprises et PME agricoles…”, https://www.africaguinee.com/ articles/2020/07/11/guinee-l-apip-au-chevet-des-micro-entreprises-et-pme-agricoles

151

UN Women et al. (2020) “ Transformative policy solutions to support women-led businesses in Africa in a post COVID-19 world”

152

Ibid.

153

IOL (2020) “SA coronavirus lockdown: Ramaphosa announces ‘Solidarity Fund’”, https://www.iol.co.za/news/politics/sa-coronaviruslockdown-ramaphosa-announces-solidarity-fund-45428350; El-Masaiti, A. (2020) “As lockdowns kill jobs, Africa’s informal workers suffer”, AP News, https://apnews.com/dea5bf9a96c541fc963f691e7e4dcee1; OECD (2020), “Women at the core of the fight against COVID-19 crisis”, p. 18

154

Republic of Botswana (2020) “Botswana National Sector Recovery Plan – Part 1”, p. 61; BBC (2020) “394 milliards pour lutter contre le Covid-19 au Burkina”, https://www.bbc.com/afrique/region-52145136

155

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 2

156

Ibid., p. 16

157

Kuwonu, F. (2020) “Algerian designer’s colour masks to ‘soften the pain’ of COVID-19”, https://www.un.org/africarenewal/magazine/ april-2020-special-focus-africa-and-covid-19/algerian-designer%E2%80%99s-colour-masks-%E2%80%98soften-pain%E2%80%99

158

159

Confectionery Production (2020) “UK chocolate brand MIA supports Madagascar communities with funds for face masks”, https://www. confectioneryproduction.com/news/29351/uk-chocolate-brand-mia-supports-madagascar-communities-with-funds-for-face-masks/

160

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 7

Ibid.”, p. 7 sq.

161

Paul, E. (2020) “6 amazing African innovations against COVID-19: a cure from physics?”, Techpoint Africa, https://techpoint. africa/2020/04/23/african-innovations-covid-19/

162

Ibid.

163

Institute for Social Transformation (2020) “We hear you and we’ll always be there for you”, 6 IST Newsletter 7, pp. 4 and 8

164

Plan International (2020) “How COVID-19 is threatening girls’ sexual and reproductive health and rights”, https://plan-international.org/ sexual-health/how-covid-19-threatens-girls-women

165

HRW (2019) “Africa: pregnant girls, young mothers denied school”

166 167

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 18 Ibid.; UNFPA (2020) “S.O.S Violência Baseada no Género - Covid-19”, https://angola.unfpa.org/pt/news/sos-viol%C3%AAncia-baseadano-g%C3%A9nero-covid-19; NCW (2020) “Women policy tracker on responsive policies & programs during the new COVID-19 pandemic”, p. 5, https://issuu.com/youm7/docs/women_policy_tracker_on_responsive__82de416cd86a0e; FDC (2020) “COVID-19: ligue gratuitamente Tmcel (82149 ou 1490), Vodacom (84146) e Movitel (1490)”, https://fdc.org.mz/pt/covid-19-ligue-gratuitamente-tmcel82149-ou-1490-vodacom-84146-e-movitel-1490/; UN Women (2020) “COVID-19: UN Women supports kenya’s national helpline for survivors of sexual and gender-based violence”, https://africa.unwomen.org/en/news-and-events/stories/2020/06/on-the-frontlinewith-kenyas-national-helpline; Maphanga, C.(2020) “Victims of abuse can turn to the GBV Command Centre during lockdown”, News24, https://www.news24.com/news24/southafrica/news/victims-of-abuse-can-turn-to-the-gbv-command-centre-duringlockdown-20200325; Raadio Tamazuj (2020) “Nationwide toll-free GBV helpline launched”, https://radiotamazuj.org/en/news/article/ nationwide-toll-free-gbv-helpline-launched; UNDP (2020) “COVID-19 global gender response tracker”, Factsheet: Sub Saharan Africa, https://www.undp.org/content/undp/en/home/librarypage/womens-empowerment/COVID-19-Global-Gender-Response-Tracker.html

168

OECD (2020) “COVID-19 crisis in the MENA region: impact on gender equality and policy responses”, p. 18

169 170

UN Women (2020) “Connected by their phones, women peacebuilders lead COVID-19 prevention efforts across Libya”, https://www. unwomen.org/en/news/stories/2020/6/feature-women-peacebuilders-lead-covid-19-prevention-efforts-across-libya

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 14

171

172

For HIV/AIDS, see UNAIDS (2020) “Lessons from HIV prevention for preventing COVID-19 in low- and middle-income countries”, https://www.unaids.org/sites/default/files/media_asset/lessons-hiv-prevention-covid19_en.pdf; UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 6

World Bank (2020) Africa’s Pulse Volume 21, p. 22; Gharib, M. (2020) “How do you wash your hands to fend off coronavirus if water is scarce?”, WYPR, https://www.wypr.org/post/how-do-you-wash-your-hands-fend-coronavirus-if-water-scarce

173

UNFPA Sénégal (2020) “Les jeunes filles installent des points de lavage dans les villages pour lutter contre le COVID 19”, https://senegal. unfpa.org/fr/news/les-jeunes-filles-installent-des-points-de-lavage-dans-les-villages-pour-lutter-contre-le-covid

174

Ibid.

175

Amnesty International (2020) “OPED: COVID-19 gives the African Union a unique opportunity to reclaim its convening power and coordination role”, https://www.amnesty.org/en/latest/news/2020/05/oped-covid19-gives-the-african-union-unique-opportunityto-reclaim-its-convening-power-and-coordination-role/; Geli (2020) “Africa Centres for Disease Control and Prevention’s COVID-19 response: a united, continental strategy”

176

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 6

177

McKinsey (2020) “Reopening and reimagining Africa”, https://www.mckinsey.com/featured-insights/middle-east-and-africa/reopeningand-reimagining-africa

178

Paul, E. (2020) “6 amazing African innovations against COVID-19: a cure from physics?”

179

180

Wadekar (2020) “Kenya’s teen pregnancy crisis: More than COVID-19 is to blame”; Plan International (2020) “COVID-19: lockdown linked to high number of unintended teen pregnancies in Kenya”

Plan International (2020) “COVID-19: lockdown linked to high number of unintended teen pregnancies in Kenya”; HRW (2020) “How girls’ education and safety will be harmed by the covid response”, https://www.hrw.org/news/2020/04/15/how-girls-education-andsafety-will-be-harmed-covid-response

181

Giannini (2020) “Covid-19 school closures around the world will hit girls hardest”

182

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BRAC (2020) “BRAC empowers child Ebola survivors and adolescent girls in collaboration with Ministry of Social Welfare Gender and Children’s Affairs”, https://reliefweb.int/report/sierra-leone/brac-empowers-child-ebola-survivors-and-adolescent-girls-collaborationministry; African Initiatves (2013) “Girls’ clubs in Tanzania: Natajewo’s story”, https://www.african-initiatives.org.uk/girls-clubs-intanzania-natajewos-story/; UNESCO (2017) “UNESCO and gender equality in sub-Saharan Africa: innovative programmes, visible results”, p. 36, https://unesdoc.unesco.org/ark:/48223/pf0000259590

183

UNAIDS (2020) “Six concrete measures to support women and girls in all their diversity in the context of the COVID-19 pandemic”, p. 14

184

See, for instance, Botswana’s Legal Aid Act 2014, https://botswanalaws.com/alphabetical-list-of-statutes/legal-aid; Ghana’s Legal Aid Scheme Act 1997 (No. 542); Kenya’s Legal Aid Act 2016, kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/LegalAidAct_No._6_of_2016.pdf; Tanzania’s Legal Aid Act 2017, https://www.tanzania.go.tz/egov_uploads/documents/LEGAL_AID_ACT,_2017_sw.pdf; Establishment of the Legal Aid Fund in Benin in 2010, https://www.unodc.org/documents/justice-and-prison-reform/LegalAid/GSLA_-_Country_Profiles. pdf; Burkina Faso’s Décret N° 2009–558/PRES/PM/MJ/MEF/MATD du 22 juillet 2009 portant organisation de l’assistance judiciaire au Burkina Faso, https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/82387/90171/F772652731/BFA-82387.pdf; see also UNODC (2016) “Global study on legal aid – country profiles”, https://www.unodc.org/documents/justice-and-prison-reform/LegalAid/GSLA_-_ Country_Profiles.pdf

185

UNDP et al. (2020) “Justice for women amidst COVID-19”, p. 29; AdvocAid (2020) “COVID-19: how AdvocAid is responding and adapting”, https://advocaidsl.org/2135-2/

186

187

AU Status List 2020, https://au.int/en/treaties/protocol-african-charter-human-and-peoples-rights-rights-women-africa ACHPR, https://www.achpr.org/statereportingproceduresandguidelines

188

Centre for Human Rights (n.d.) “The state reporting process under the African Commission”, https://www.maputoprotocol.up.ac.za/ index.php/state-reporting

189

Centre for Human Rights (n.d.) “Countries that have received the state reporting training”, https://www.maputoprotocol.up.ac.za/index. php/countries-that-have-received-the-chr-state-reporting-training

190

AU (2020) “Maputo Protocol Scorecard and Index introduced to monitor implementation of Women’s Rights”, https://au.int/en/ pressreleases/20200623/maputo-protocol-scorecard-and-index-introduced-monitor-implementation-womens

191

192

Maputo Plan of Action 2016–2030

Solemn Declaration on Gender Equality in Africa, https://www.mrfcj.org/pdf/Solemn_Declaration_on_Gender_Equality_in_Africa. pdf; see also International IDEA, “Regional organizations, gender equality and the political empowerment of women”, https://ideadev. insomnation.com/sites/default/files/publications/chapters/regional-organizations-gender-equality-and-the-political-empowermentof-women/regional-organizations-gender-equality-and-the-political-empowerment-of-women-chapter-1.pdf

193

Specialised Technical Committee on Gender Equality and Women’s Empowerment, Addis Ababa, 4–8 December 2017, available at https://au.int/sites/default/files/newsevents/conceptnotes/33442-cn-concept_note_2nd_specialized_technical_commitee_gender_ equality_and_womens_empowerment.pdf

194

Constitutive Act of the AU, https://au.int/sites/default/files/pages/34873-file-constitutiveact_en.pdf

195

Martin, O. (2013) “The African Union’s mechanisms to foster gender mainstreaming and ensure women’s political participation and representation”, p. 13, https://www.idea.int/sites/default/files/publications/african-union-mechanisms-to-foster-gendermainstreaming-and-ensure-womens-political-participation.pdf

196

197

Abridged Eleventh Report of the AU Member States and Twelfth Report of the AUC Chairperson on the Implementation of SDGEA, p. 2, https://au.int/sites/default/files/newsevents/workingdocuments/33442-wd-abridged_11th_report_of_the_au_member_states_and_ the_12th_report_of_the_auc_chairperson_on_the_implementation_of_the_sdgea.pdf Ibid.

198

Ibid.

199

Ibid.

200 201

Guidelines for Reporting on SDGEA, October 2005, adopted at the First AU Conference of Ministers Responsible for Women and Gender in Dakar, Senegal, https://www.chr.up.ac.za/images/researchunits/wru/documents_/guidelines_for_reporting_on_the_au_solemn_ declaration_on_gender_equality_in_-africa.pdf

202 203

Abridged Eleventh Report of the AU Member States and Twelfth Report of the AUC Chairperson on the Implementation of SDGEA, p. 2

Ibid. Also see Sibanda-Moyo, N. (2016) “The contributions of the Maputo Protocol on women’s rights in achieving gender equality in Africa: stocktaking, opportunities and accountability”, p. 16, https://au.int/sites/default/files/newsevents/workingdocuments/31637-wddialogue_experience-3.pdf Seventh Report of the Chairperson on the Implementation of the AU SDGEA in Africa, Twenty-First Ordinary Session 9–13 July 2012 Addis Ababa, Ethiopia, para 4, https://www.peaceau.org/uploads/ex-cl-729-xxi-e.pdf

204

Ibid, Paras 2 and 78

205

Ibid, Para 4

206 207

AU (2020) “Gender equality and development”, https://au.int/en/gender-equality-development Ibid. The countries are Angola, Burkina Faso, Burundi, Cameroon, Chad, Congo, Côte d’Ivoire, DR Congo, Djibouti, Eswatini, Ethiopia, Kenya, Liberia, Lesotho, Madagascar, Malawi, Mauritius, Mauritania, Mozambique, Namibia, São Tomé y Píincipe, Senegal, Seychelles, Somalia, Sudan, Togo, Zambia and Zimbabwe.

208

AU (2017)“Second Specialized Technical Committee on Gender Equality and Women’s Empowerment Concept Note, Addis Ababa, Ethiopia, 4–8 December, https://au.int/sites/default/files/newsevents/conceptnotes/33442-cn-concept_note_2nd_specialized_ technical_commitee_gender_equality_and_womens_empowerment.pdf

209

Abridged Eleventh Report of the AU Member States and Twelfth Report of the AUC Chairperson on the Implementation of the SDGEA, p. 9

210

Ibid.

211

AU Agenda 263: The Africa We Want, https://au.int/en/agenda2063/overview

212

Paras 47–58, Agenda 2062, https://au.int/sites/default/files/documents/36204-doc-agenda2063_popular_version_en.pdf

213

284

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214

Article 3 of the Protocol on Amendments of the Constitutive Act of the African Union, https://au.int/sites/default/files/treaties/35423treaty-0025_-_protocol_on_the_amendments_to_the_constitutive_act_of_the_african_union_e.pdf AU (2016) “African Union Gender Scorecard”, https://www.au.int/web/sites/default/files/documents/31260-doc-2015_auc_african_ gender_scorecard_en.pdf

215

216

217

AUC (2016) “The 2016 Gender Scorecard: women’s rights in africa – where does the continent stand?’”, p. 51, https://au.int/sites/default/ files/documents/36968-doc-2016_auc_african_gender_scorecard_english.pdf

Ibid. AU GEWE Strategy 2018–2028, https://au.int/sites/default/files/documents/36195-doc-au_strategy_for_gender_equality_womens_ empowerment_2018-2028_report.pdf

218

AU Strategy for Gender Equality and Women’s Empowerment, https://au.int/en/articles/au-strategy-gender-equality-and-womensempowerment

219

Ibid.

220

FAS, “Civil society’s guidelines and mechanism for implementation, monitoring and evaluation of the Solemn Declaration on Gender Equality in Africa”, http://www.fasngo.org/assets/files/publicatons/civil%20society.pdf; FAS, “Women’s movements in Africa”, http:// www.genderismyagenda.com/campaign/previous.html

221

FAS, “Women’s movements in Africa”, http://www.genderismyagenda.com/campaign/previous.html

222

GIMAC (2018) “Gender is My Agenda Campaign”, p.13, http://www.genderismyagenda.com/campaign/files/HandBook_GIMAC.pdf

223

224

Assembly/AU/Decl.1 (XXV), p. 6, https://au.int/sites/default/files/decisions/9664-assembly_au_dec_569_-_587_xxiv_e.pdf Adopted by Assembly Dec. 487 (XIX)

225

AU African Women’s Decade, https://au.int/en/documents-43

226

AU Strategy for Gender Equality and Women’s Empowerment, https://au.int/en/articles/au-strategy-gender-equality-and-womensempowerment

227

Ibid.

228 229

AU Strategy on Gender Equality and Women’s Empowerment 2018–2028, p. 25 Ibid., p. 28

230

AU Strategy for Gender Equality and Women’s Empowerment, https://au.int/en/articles/au-strategy-gender-equality-and-womensempowerment

231

Ibid.

232

Ibid.

233

AU Strategy on Gender Equality and Women’s Empowerment 2018–2028, p. 49

234

Ibid. pp. 50–51

235

See AU Campaign to End Child Marriage in Africa: Call to Action. The countries were Zimbabwe 31%; Senegal 33%; Congo 33%; Gabon 33%; Sudan 34%; São Tomé and Píincipe 34%; Benin 34%; Côte d’Ivoire 34%; Mauritania 35%; Gambia 36%; Cameroon 36%; Tanzania 37%; Liberia 38%; Nigeria 39%; DR Congo 39%; Ethiopia 41%; Zambia 42%; Somalia 45%; Uganda 46%; Eritrea 47%; Burkina Faso 48%; Sierra Leone 48%; Madagascar 48%; Malawi 50%; Mozambique 52%; Mali 55%; Central African Republic 61%; Guinea 63%; Chad 72%; and Niger 75% (source: UNFPA database using household surveys (DHS and MICS) completed during the period 2000–2011)

236

AU Zero Draft Strategic Direction for the AU Campaign to End Child Marriage in Africa 2019–2023

237

AU Press Statement, Peace and Security Council 789th Meeting, Addis Ababa, Ethiopia, 14 August 2018 (PSC/PR/BR. (DCCLXXXIX)

238

First Session of the Specialised Technical Committee on Social Development, Labour and Employment (stc-sdle-1), Addis Ababa, Ethiopia, 20–24 April 2015: draft African common position on the AU Campaign to End Child Marriage in Africa

239

AU Press Statement, Peace and Security Council 692nd Meeting, 13 June 2017 (PSC/PR/BR. (DCXCII)

240 241

AU (2017) ‘President Lungu briefed on the progress made in Campaign to end child marriage in Africa”. https://au.int/en/ pressreleases/20170620/president-lungu-briefed-progress-made-camapign-end-child-marriage-africa AU Campaign Roadmap, https://www.aucecma.org/en/our-campaigns/campaign-roadmap.html

242

AU (2016) “African Union to promote Agenda 2063 and campaign against child marriage during the Africa Cup of Nation Women Finals in Cameroon”, https://au.int/en/pressreleases/31601/african-union-promote-agenda-2063-and-campaign-against-child-marriageduring-africa-cup-nation

243

ACHPR and ACERWC Joint General Comment on Ending Child Marriage

244

Enough with the Silence, Second African Girls’ Summit, Accra, Ghana, 24–25 November 2018. Countries that have launched the campaign are Benin, Cameroon, Eritrea, Ethiopia, Gabon Gambia, Kenya, Lesotho, Liberia, Mali, Mauritius, Niger, Nigeria, Burkina Faso, Chad, DR Congo, Madagascar, Mali, Senegal, Sierra Leone, Sudan, Uganda, Zambia, Zimbabwe

245

AU Zero Draft Strategic Direction for the AU Campaign to End Child Marriage in Africa 2019–2023

246

ECOWAS (2019) “ECOWAS reviews child policy, plan of action and road map towards the prevention of child marriage”, at https://www. ecowas.int/ecowas-reviews-child-policy-plan-of-action-and-road-map-towards-the-prevention-of-child-marriage/

247

Girls Not Brides (2016) “SADC model law on eradicating child marriage and protecting children already in marriage”, https://www. girlsnotbrides.org/resource-centre/sadc-model-law-child-marriage/

248

249

Girls Not Brides (2017) “Kenya becomes 19th country to launch African Union Campaign to End Child Marriage”, https://www. girlsnotbrides.org/kenya-becomes-19th-country-launch-african-union-campaign-end-child-marriage/ UN Women (2019) “More resources and partnerships essential to ending child marriage and FGM”, https://africa.unwomen.org/en/ news-and-events/stories/2019/02/more-resources-and-partnerships-essential-to-ending-child-marriage-and-fgm

250

251

AU Zero Draft Strategic Direction for the AU Campaign to End Child Marriage in Africa 2019–2023

252

AU (2010) “The African Union launches a continental initiative to end female genital mutilation and save 50 million girls at risk”, Press Release, https://au.int/sites/default/files/pressreleases/35892-pr-the_african_union_launches_a_continental_initiative_to_end_female_ genital_mutilation_and_save_50_million_girls_at_risk.pdf

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Make Every Woman Count

Assembly’s Decision Assembly/AU/12(XVII) Add.5

253

No Peace Without Justice (2018) “BanFGM Campaign: NPWJ and its partners advocate at the African Union”, http://www.npwj.org/ GHR/BanFGM-Campaign-NPWJ-and-its-partners-advocate-African-Union.html

254

UN News (2012) “Ban welcomes UN General Assembly resolutions eliminating female genital mutilation”, https://news.un.org/en/ story/2012/12/429012-ban-welcomes-un-general-assembly-resolutions-eliminating-female-genital

255

AU (2018) “Enough with the silence”, Communiqué, 2nd African Girls’ Summit, Accra, Ghana, 24–25 November

256

Assembly/AU/Decl.2(XXIII) and Assembly/AU/18(XXIII)Add.3

257

Assembly/AU/Decl.1(XV) (Actions on Maternal, Newborn and Child Health and Development in Africa by 2015)

258

UNFPA Africa Regional Office, CARMMA, https://esaro.unfpa.org/sites/default/files/pub-pdf/CARMMA.pdf

259

AU Campaign for Accelerated Reduction of Maternal Mortality in Africa (CARMMA) 2009–2019, https://au.int/en/ pressreleases/20200206/campaign-accelerated-reduction-maternal-mortality-africa-carmma-2009-2019

260

Musau, Z. (2019) “Silencing the Guns campaign kicks off in 2020”, https://www.un.org/africarenewal/magazine/december-2019march-2020/silencing-guns-campaign-kicks-2020

261

AU,“Linking Agenda 2063 and the SDGs”, https://au.int/en/agenda2063/sdgs

262

AU, “Agenda 2063 – SDGs”, https://au.int/en/ea/statistics/a2063sdgs

263

Agenda 2063 First Ten-Year Implementation Plan 2014–2023

264

AU (2016) “26th African Union Assembly meeting opens with calls for human rights, particularly women’s rights under Agenda 2063, peace, and development”, https://au.int/en/pressreleases/20160130-7

265

AU Peace and Security Commission, Opening Address by the Commissioner Peace and Security of the AU Commission HE Amb. Amaïl Chergui to the 2nd General Assembly of the Network of African Women in Conflict Prevention and Mediation (FemWise-africa), “Silencing the Guns in Africa by 2020: Women’s Role in Preventing and Resolving Natural Resource-Based Conflicts”

266

UN Women Africa, https://africa.unwomen.org/en/about-us/about-un-women

267

UN Women, “Frequently asked questions”, https://asiapacific.unwomen.org/en/countries/fiji/faq

268

UN Women, “About us”, https://www.unwomen.org/en/about-us/governance

269 270 271

UN Women, “What we do”, https://africa.unwomen.org/en/what-we-do

UN Women, “Where we are’, https://www.unwomen.org/en/where-we-are/africa

272

UN Women, “What we do”

UN (2014) “Review and appraisal of the implementation of the Beijing Declaration and Platform for Action and the outcomes of the twenty-third special session of the General Assembly”, http://www.undocs.org/en/E/CN.6/2015/3

273

274

Femnet, “About Beijing+25”, https://femnet.org/beijing+25/about-beijing25/ UN Women (2018) “Introduction”, in “Guidance note for comprehensive national-level reviews”, https://www.unwomen.org/-/media/ headquarters/attachments/sections/csw/64/national-reviews/csw64-guidance-note-for-comprehensive-national-level%20reviews-en. pdf?la=en&vs=5456

275

Ibid.

276

UN Women, “12 critical areas”, https://www.unwomen.org/en/news/in-focus/csw59/feature-stories

277

278

279

UNECA (2019) “Africa regional review of twenty-five years of implementation of the Beijing Declaration and Platform for Action (BPfA)”, https://uneca.org/events/gender-equality-and-empowerment-women/africa-regional-review-twenty-five-years-implementation

UN (2014) “Review and appraisal of the implementation of the Beijing Declaration and Platform for Action”

Femnet, “About Beijing+25”, p. 10

UN Women, (20201995), “‘The United Nations World Conference on Women”,’ available at https://www.un.org/womenwatch/daw/ beijing/platform/plat1.htm#concern.

280

ICRC, “Prevention and criminal repression of rape and other forms of sexual violence during armed conflicts”, https://reliefweb.int/sites/ reliefweb.int/files/resources/prevention-criminal-repression-rape-sexual-violence-armed-conflicts-icrc-eng.pdf

281

IPU (2020) “Women in national parliaments”, http://archive.ipu.org/wmn-e/classif.htm

282

Rao, P. (2020) “The first African women leaders to address the UN General Assembly”, https://www.un.org/africarenewal/magazine/ october-2020/first-african-women-leaders-address-un-general-assembly#:~:text=Other%20African%20female%20heads%20 of,Zewde%20of%20Ethiopia%20in%202019.&text=Known%20as%20the%20%E2%80%9CIron%20Lady,of%20Liberia%20from%20 2006%20%E2%80%93%202018

283

Zewde, S. and Mlambo-Ngcuka, P. (2020) “It is time for action! Uniting for Africa’s transformation”, http://www.ipsnews.net/2020/03/ time-action-uniting-africas-transformation/

284

UN, “Zero hunger”, https://www.un.org/sustainabledevelopment/hunger/

285

UN, “The 17 goals”, https://sustainabledevelopment.un.org/?menu=1300

286

UN Women, “SDG 5: achieve gender equality and empower all women and girls”, https://www.unwomen.org/en/news/in-focus/ women-and-the-sdgs/sdg-5-gender-equality

287

UN Women, “Women and the SDGs”, https://www.unwomen.org/en/news/in-focus/women-and-the-sdgs

288

ECOSOC (2019) “Special edition: progress towards the SDGs”, https://undocs.org/E/2019/68

289

UN, “Decade of action to deliver the global goals”, https://www.un.org/sustainabledevelopment/decade-of-action/#:~:text=2020%20 needs%20to%20usher%20in,and%20closing%20the%20finance%20gap

290

Guterres, A. (2019), “Remarks to High-Level Political Forum on Sustainable Development”, https://www.un.org/sg/en/content/sg/ speeches/2019-09-24/remarks-high-level-political-sustainable-development-forum

291

292 293

UN, “Decade of action to deliver the global goals”

UN Women, “Flagship programme: Making Every Woman and Girl Count”, https://www.unwomen.org/en/how-we-work/flagshipprogrammes/making-every-woman-and-girl-count

286

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UN Women, “‘Without quality data, there is simply no credible path to achieving the Sustainable Development Goals’—Executive Director”, https://www.unwomen.org/en/news/stories/2016/9/speech-by-ed-on-making-every-woman-and-girl-count

294

UN Women, “Gender data gaps & challenges”, https://data.unwomen.org/women-count

295

UN Women, “Flagship programme: Making Every Woman and Girl Count”

296 297

UN Women (2017) “Making every woman and girl count: annual report: planning phase” Ibid.

298

Gender Equality Forum, “Accelerating progress for gender equality by 2030”, https://forum.generationequality.org/

299

UN Women (2019) “The Generation Equality Forum – save the date!”, https://www.unwomen.org/en/news/stories/2019/7/announcergeneration-equality-forum

300

UN Women, “About Generation Equality”, https://www.unwomen.org/en/get-involved/beijing-plus-25/about

301

Gender Equality Forum, “Accelerating progress for gender equality by 2030”,

302

UN Women, “About Generation Equality”

303

UN (2020) “The Spotlight Imitative to Eliminate Violence against Women and Girls”, https://www.un.org/en/spotlight-initiative/

304

Ibid.

305

UN Women, “The Spotlight Initiative: ending violence against women and girls”, https://www.unwomen.org/en/what-we-do/endingviolence-against-women/spotlight-initiative

306

AU (2020) “A multilateral response to eliminate all forms of violence against women & girls”, https://au.int/en/pressreleases/20200507/ multilateral-response-eliminate-all-forms-violence-against-women-girls

307

AU, “Regional economic communities (RECs)”, https://au.int/en/organs/recs

308

Ibid.

309

AU (2017) “Status of Integration in Africa (SIA V)”, p. 2 https://au.int/sites/default/files/documents/32854-doc-status-of-integration-inafriva-v.pdf

310

https://au.int/en/organs/recs

311

AU (2008) “Protocol on relations between the African union (AU) and the Regional Economic Communities (RECs)”, Preamble, Article 2, Article 3, Article 7, Article 9, https://archives.au.int/bitstream/handle/123456789/1621/Protocol_Relations_AU_RECs_E. pdf?sequence=1&isAllowed=y

312

AU Strategy for Gender Equality & Women’s Empowerment 2018–2028, pp. 10, 32, 42, https://au.int/sites/default/files/ documents/36195-doc-au_strategy_for_gender_equality_womens_empowerment_2018-2028_report.pdf; AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 6

313

UNECA, “AMU – Arab Maghreb Union”, https://archive.uneca.org/oria/pages/amu-arab-maghreb-union

314

Van Eerdewijk, A., Lodenstein, E., Kamunyu, M., et al. (2018) “The state of African women report”, p. 122, https://www.researchgate.net/ publication/329144970_The_State_of_the_African_Woman_Report_-_KEY_FINDINGS

315

Ibid.

316

Ibid.

317

UNECA, “AMU – trade and market integration”, https://archive.uneca.org/oria/pages/amu-trade-and-market-integration

318

UNECA, “AMU – peace, security, stability and governance”, https://archive.uneca.org/oria/pages/amu-peace-security-stability-andgovernance

319

UNECA, “AMU – Arab Maghreb Union”

320

Make Every Women Count, Arab Maghreb Union (AMU), http://www.mewc.org/index.php/community/monitoring-african-regionalorganisations/3368-arab-maghreb-union-amu

321

UNECA, “AMU – peace, security, stability and governance”

322

UNECA, “AMU – trade and market integration”

323

Ibid.

324

UNECA, “AMU – peace, security, stability and governance”

325

UNECA, “CEN–SAD – The Community of Sahel-Saharan States”, https://archive.uneca.org/oria/pages/cen-sad-community-sahelsaharan-states

326

Van Eerdewijk et al. (2018) “The state of African women report”, p. 123

327

Ibid.

328

UNECA, “CEN–SAD – peace, security, stability and governance”, https://archive.uneca.org/oria/pages/peace-security-stability-andgovernance

329

UNECA, “CEN–SAD – The Community of Sahel-Saharan States”

330

Van Eerdewijk et al. (2018) “The state of African women report”, p. 124

331

UNECA, “CEN–SAD – harmonisation of sectoral policies”, https://archive.uneca.org/oria/pages/cen-sad-harmonisation-sectoral-policies

332

Van Eerdewijk et al. (2018) “The state of African women report”, p. 123

333

UNECA, “CEN–SAD – peace, security, stability and governance”

334

UNECA, “CEN–SAD – harmonisation of sectoral policies”

335

UNECA, “COMESA – Common Market for Eastern and Southern Africa”, https://archive.uneca.org/oria/pages/comesa-common-marketeastern-and-southern-africa

336

Ibid.

337

UNECA, “COMESA – harmonisation of sectoral policies”, https://archive.uneca.org/oria/pages/comesa-harmonisation-sectoral-policies

338

UNECA, “COMESA – Common Market for Eastern and Southern Africa”

339

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Make Every Woman Count

COMESA, “Treaty Establishing the Common Market for Eastern and Southern Africa”, https://www.comesa.int/wp-content/ uploads/2019/02/comesa-treaty-revised-20092012_with-zaire_final.pdf

340

Van Eerdewijk et al. (2018) “The state of African women report,” p. 115

341

COMESA, “Gender and social affairs”, https://www.comesa.int/gender-social-affairs/

342

Ibid.

343

Van Eerdewijk et al. (2018) “The state of African women report,” p. 115

344

Ibid., p. 116.

345

Ibid., p. 117.

346

Ibid.

347

COMESA, “Gender and social affairs”

348

Van Eerdewijk et al. (2018) “The state of African women report”, p. 116

349

Ibid.

350

COMESA Health Framework 2016, p. 13

351

Van Eerdewijk et al. (2018) “The state of African women report”, p. 116

352

COMESA HIV and AIDS Policy, p. 8

353

Ibid.

354

Ibid.

355

Ibid., p.10

356

Ibid., p.13

357

COMESA, “Gender and social affairs”

358

Van Eerdewijk et al. (2018) “The state of African women report”, p. 117

359

FEMCOM, “Business Incubator for African Women Entrepreneurs Project”, https://www.comfwb.org/programmes/business-incubator

360

Van Eerdewijk et al. (2018) “The state of African women report,” p. 118

361

COMESA, “Gender and social affairs”

362

Van Eerdewijk et al. (2018) “The state of African women report”, p. 115

363

Ibid., p. 117

364

Ibid., p. 118

365

COMESA, “Gender and social affairs”

366

Van Eerdewijk et al. (2018) “The state of African women report”, p. 117

367

Ibid.

368

UNECA, “EAC – East African Community”, https://archive.uneca.org/oria/pages/eac-%E2%80%93-east-african-community

369 370

EAC, “Overview of EAC”, https://www.eac.int/overview-of-eac

Treaty for the Establishment of the East African Community (as amended on 14 December 2006 and 20 August 2007), https://www. eacj.org//wp-content/uploads/2012/08/EACJ-Treaty.pdf

371

372

UNECA, “EAC – East African Community”

Van Eerdewijk et al. (2018) “The state of African women report”, p. 102

373

Treaty for the Establishment of the East African Community

374

Ibid.

375

EASSI, “EAC Gender Equality and Development Bill”, p. 4

376

Van Eerdewijk et al. (2018) “The state of African women report”, p. 102

377

East African Community Gender Equality and Development Bill 2016

378

The Citizen (2020) “EAC should prioritise gender equality issues”, https://www.thecitizen.co.tz/oped/1840568-5484140-28bnq8/index. html

379

EAC (2018) “EAC launches Gender Policy”, https://www.eac.int/press-releases/146-gender,-community-development-civil-society/1217eac-launches-gender-policy

380

EAC Gender Policy 2018,

381

UNECA, “EAC – harmonisation of sectoral policies”, https://archive.uneca.org/oria/pages/eac-harmonisation-sectoral-policies

382

Ibid.

383

Van Eerdewijk et al. (2018) “The state of African women report”, p. 102

384

EAC Food and Nutrition Security Action Plan 2019–2023, p. 7

385

Ibid., p. 10

386

EAC, “EAC conferences on women in socio-economic development and women in business”, https://www.eac.int/trade/index. php?option=com_content&view=article&id=144:eac-grants-

387

EAC, “Gender and women”, https://www.eac.int/gender/gender-and-women

388

EAC, “Gender-based violence (GBV) and economic empowerment of girls and women in East Africa”, https://www.eac.int/gender/gbv/ gbv-interventions

389

Ibid.

390

EAC, “Gender mainstreaming documents”, https://www.eac.int/gender/gender-and-women/gender-mainstreaming

391

Van Eerdewijk et al. (2018) “The state of African women report”, p. 104

392

288

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Ibid., p. 103

393

Ibid., p. 102

394

Ibid.

395

UNECA, “ECCAS – Economic Community of Central African States”, https://archive.uneca.org/oria/pages/eccas-economic-communitycentral-african-states

396

Ibid.

397

FOI (2011) “ECCAS capabilities in peace and security: a scoping study on progress and challenges”, p. 26

398

UNECA, “ECCAS – Economic Community of Central African States”

399

Treaty Establishing the Economic Community of Central African States, http://www.internationaldemocracywatch.org/ attachments/476_ECCAS%20Treaty%20(English).PDF

400

Van Eerdewijk et al. (2018) “The state of African women report”, p. 120

401

402

Devex, “Communauté Économique des États de l’Afrique Centrale – Economic Community of Central African States (CEEAC-ECCAS), www.devex.com/organizations/communaute-economique-des-etats-de-l-afrique-centrale-economic-community-of-central-africanstates-ceeac-eccas-52141

Ibid.

403

Van Eerdewijk et al. (2018) “The state of African women report”, p. 121

404

Ibid.

405

FOI (2011) “ECCAS capabilities in peace and security: a scoping study on progress and challenges”, p. 26

406 407

Economic Community of West African States: Revised Treaty 1993 Ibid.

408

UNECA, “ ECOWAS – Economic Community of West African States”, https://archive.uneca.org/oria/pages/ecowas-economiccommunity-west-african-states

409

410 411

Van Eerdewijk et al. (2018) “The state of African women report”, p. 96

Economic Community of West African States: Revised Treaty 1993

412

Van Eerdewijk et al. (2018) “The state of African women report”, p. 96

Ibid.

413

414

Supplementary Act Relating to Equality of Rights between Women and Men for Sustainable Development in the ECOWAS Region 2015

415 416 417

Van Eerdewijk et al. (2018) “The state of African women report”, p. 97

Ibid.

The Dakar Declaration on the Implementation of UNSCR 1325 in West Africa 2010

418 419

ECOWAS Regional Plan of Action for Combatting Obstetric Fistula 2015, p. 2

Ibid., pp. 24-25. Regional Strategy for HIV, Tuberculosis, Hepatitis B&C and Sexual and Reproductive Health and Rights among Key Populations 2020, p. 14

420

Ibid.

421

Ibid., p. 21.

422

EGDC, “Mission and mandate”, http://www.ccdg.ecowas.int/about-egdc/mission-and-mandate-2/?lang=en

423

Van Eerdewijk et al. (2018) “The state of African women report”, p. 98

424

Peace Women, Regional Action Plan, https://www.peacewomen.org/action-plan/regional-action-plan-ecowas

425

The Dakar Declaration & ECOWAS Plan of Action for the Implementation of UN SCR1325 &1820 in West Africa 2010

426 427

ECOWAS, Community Court of Justice, https://www.ecowas.int/institutions/community-court-of-justice/ Van Eerdewijk, Anouka et al. (2018), “The State of African Women Report”, p. 99.

428

Van Eerdewijk, Anouka et al. (2018), “The State of African Women Report”, p. 99.

429

UNECA, “IGAD – Intergovernmental Authority on Development”, https://archive.uneca.org/oria/pages/igad-intergovernmentalauthority-development

430

IGAD (2016) “State of the region report: a popular version”, p. 3

431

Van Eerdewijk et al. (2018) “The state of African women report”, p. 106

432

IGAD (2016) “State of the region report: a popular version”, p. 4

433

Ibid., p. 73

434

IGAD Regional Strategy 2016, https://igad.int/about-us/strategy

435

IGAD Regional Strategy, Volume, p. 47

436

Ibid.

437

Ibid. p. 30.

438

Ibid., p. 54.

439

Ibid., p. 48

440 441

Ibid. IGAD (2013) “Post-conflict reconstruction and development training for women from three IGAD Member States conducted”, https:// igad.int/divisions/peace-and-security/705-post-conflict-reconstruction-and-development-training-for-women-from-three-igadmember-states-conducted

442

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289

Make Every Woman Count

IGAD (2019) “Gender responsive training workshop”, https://igad.int/divisions/peace-and-security/2160-gender-responsive-trainingworkshop

443

444

IGAD (2020) “Strategic thinking workshop for empowering Sudanese women”, https://igad.int/divisions/peace-and-security/2391strategic-thinking-workshop-for-empowering-sudanese-women

Van Eerdewijk et al. (2018) “The state of African women report”, p. 107

445

IGAD (2016) “State of the region report: a popular version”, p. 54

446

Ibid., p. 17.

447

Van Eerdewijk et al. (2018) “The state of African women report”, p. 106

448 449

Ibid. p. 107 UNECA, “SADC – Southern African Development Community”, https://archive.uneca.org/oria/pages/sadc-southern-africandevelopment-community

450

SADC, “SADC overview”, https://www.sadc.int/about-sadc/overview/

451

UNECA, “SADC – Southern African Development Community”

452

Ibid.

453

Van Eerdewijk et al. (2018) “The state of African women report”, p. 109

454

The Consolidated Treaty of the Southern African Development Community 2015

455

SADC (1997) “Gender and development: a declaration by Heads of State or Government of The Southern African Development Community”

456

Van Eerdewijk et al. (2018) “The state of African women report”, p. 109

457

Ibid., p. 110

458

Ibid., p. 109

459

SADC, “Gender Based violence”, https://www.sadc.int/issues/gender/gender-based-violence/

460

Van Eerdewijk et al. (2018) “The state of African women report”, p. 109

461

Ibid., p. 111

462

SARDC (2018) “SADC develops regional strategy on women, peace and security”, www.sardc.net/en/southern-african-newsfeatures/5787/

463

SADC, “Gender Unit”, https://www.sadc.int/sadc-secretariat/directorates/office-executive-secretary/gender-unit/

464

Ibid.

465

Van Eerdewijk et al. (2018) “The state of African women report”, p. 113

466 467

Ibid., p. 111 Ibid., p. 112

468

Ibid., p. 111

469

SADC (2017) “Botswana signs Revised SADC Protocol on Gender and Development”, https://www.sadc.int/news-events/news/ botswana-signs-revised-sadc-protocol-gender-and-development/

470

471

SADC, “SADCAT”, https://www.sadc.int/about-sadc/sadc-institutions/tribun/

472

International Justice Resource Center, “ Southern African Development Community Tribunal”, https://ijrcenter.org/regionalcommunities/southern-african-development-community-tribunal/

SARDC (2018) “SADC develops regional strategy on women, peace and security”,

473 474

Van Eerdewijk et al. (2018) “The state of African women report”, p. 111 AU (2020) “A new Decade of Women’s Financial and Economic Inclusion; why scaling up actions is inevitable”, https://au.int/en/ pressreleases/20200615/new-decade-womens-financial-and-economic-inclusion-why-scaling-actions

475

ILO (2018) “Care work and care jobs for the future of decent work”, p. 254

476

World Bank, “Parenthood”, https://wbl.worldbank.org/en/data/exploretopics/wbl_hc

477

478 479

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003 (Article 13), p. 14

Ighobor, K. (2019) “Economic empowerment of women good for all”, Africa Renewal, https://www.un.org/africarenewal/magazine/ april-2019-july-2019/economic-empowerment-women-good-all Agenda 2063: The Africa We Want, p. 9

480

Ibid., p. 16

481

AU (2020) “Promising projections for the new Decade of African Women’s Financial and Economic Inclusion”, https://au.int/en/ pressreleases/20200214/promising-projections-new-decade-african-womens-financial-and-economic

482

Ibid.

483

AU Strategy for Gender Equality & Women’s Empowerment 2018–2028, p. 27

484

AU (2020) “A new Decade of Women’s Financial and Economic Inclusion; why scaling up actions is inevitable”

485

Central African Republic Constitution 2016, https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en

486 487

South Sudan Constitution 2011, https://www.constituteproject.org/constitution/South_Sudan_2011.pdf Côte d’Ivoire Constitution 2016, https://www.constituteproject.org/constitution/Cote_DIvoire_2016?lang=en

488

Zimbabwe Constitution 2013 rev. 2017, https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en

489

490

Angola Constitution 2010, https://www.constituteproject.org/constitution/Angola_2010?lang=en

Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger 2012, https://www.ilo.org/dyn/natlex/natlex4. detail?p_lang=en&p_isn=91382

491

290

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AWD Report 2020

Arab Republic of Egypt (2019) “Report on the progress made in the implementation of the Beijing Platform for Action (from 2014 to March 2019), p. 26

492

Republic of Rwanda (2019) “Beijing +25: country report”, p. 24

493

Government of Rwanda (2010) “Ministerial Order No. 8 of 13/07/2010 determining the implementation modalities for professional training and its related leave”, p. 4

494

World Bank (2020) “Women, business and the law – Algeria’, https://wbl.worldbank.org/en/data/exploreeconomies/algeria/2020

495

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 32

496

497

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, final report”, p. 28 DR Congo, (2016) “Loi n° 16/008 du 15 juillet 2016 modifiant et complétant le loi n°87-010 du 1er août 1987 portant Code de la Famille”

498

National Council for Women, Egypt (2020) “Fact sheet: women’s empowerment 2014 – April 2020”, p. 5

499

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, pp. 44–45

500

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform For Action Final Report”, p. 7

501

502

Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 17

Republic of Namibia (2016) “National policy on micro, small and medium enterprises in Namibia 2016-2021”, p. 15

503

Republic of Mozambique (2019) “Beijing +25: Mozambique report on the implementation of Beijing Declaration and Platform for Action”, p. 13

504

UN Human Rights Commission (2019) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Lesotho”, p. 11

505

United Nations Human Rights and AU (n.d.) “Developments in laws: since the Maputo Protocol”, p. 16

506 507

Islamic Republic of Mauritania (2019) “Evaluation de la mise en œuvre de la déclaration et du programme d’action de Beijing, rapport national Beijing +25”, p. 39 Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the Implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, p. 26

508

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action after 25 years – Kingdom of Morocco”, p. 21

509

510

CEDAW (2017) “Fourth periodic report submitted by Botswana under article 18 of the Convention, due in 2014”, p. 5

Islamic Republic of Mauritania (2019) “Evaluation de la mise en œuvre de la déclaration et du programme d’action de Beijing, rapport national Beijing +25”, p. 11

511

Gambia (2019) “National review report on implementation of the Beijing Declaration and Platform for Action (BPFA)+25”, pp. 11–13

512

TNH (2010) “Swaziland: some women can now own property”, https://reliefweb.int/report/swaziland/swaziland-some-women-cannow-own-property

513

514

Flynn, C. (2016) “The ownership of matrimonial property in Ghana, 50/50 or nay”, https://www.linkedin.com/pulse/ownershipmatrimonial-property-ghana-5050-nay-christopher-albert-fynn Cornell Law School Legal Information Institute, “Women and justice – Lesotho”, https://www.law.cornell.edu/women-and-justice/ location/lesotho; LESLII, “Makafane v Zhongxian Investment Pty Ltd and Another (LC/76/2013) [2014] LSLC 36 (11 July 2014), 2014”, https://lesotholii.org/ls/judgment/labour-court/2014/36/

515

Republic of Kenya (n.d.) “Review of the implementation of the Beijing platform for Action”, p. 13

516

Eugene, A. (2020) “Le Bénin crée un fonds de soutien pour l’entreprenariat féminin”, Agence Afrique, http://www.agenceafrique. com/18170-le-benin-cree-un-fonds-de-soutien-pour-lentreprenariat-feminin.html

517

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action, after 25 years – Kingdom of Morocco”, p. 22

518

Government of Sierra Leone (2019) “Country report by Sierra Leone: on implementation of the Beijing Platform for Action (1995) and the Outcome of the Twenty-Third Special Session of the General Assembly (2000)”, p. 43

519

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action (2009-2014)”, p. 11

520

521

National Council for Women, Egypt (2020) “Fact sheet: women’s empowerment 2014–April 2020”, p. 5 ONEF (2016) “Programme special de creation d’emplois (PSCE)”, http://www.onef.gov.bf/politique/psce.php

522

Central African Republic Constitution 2016, https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en

523

Burundi Constitution 2018, https://www.constituteproject.org/constitution/Burundi_2018?lang=en

524

Equatorial Guinea’s Ley 10/2012 de 24 de diciembre, que sanciona el Ordenamiento General de Trabajo, p. 28

525

DR Congo’s Loi 16/008 du 15 juillet 2016 modifiant et complétant la loi n°87-010 du 1er août 1987 portant Code de la Famille, pp. 1–2

526

DR Congo’s Loi16/010 du 15 Juillet 2016 modifiant et complétant la loi N° 015-2002 portant Code du Travail, p. 1

527

Burundi’s Loi 1/13 du septembre 2016 portant prévention, protection des victimes et répression des violences basées sur le genre (Article 14), p. 8

528

Sao Tome and Principe’s Ley 6/2019 de 16 de noviembre de 2018, que aprueba el Código del Trabajo, Article 262, p. 233

529

World Bank (2021) “Women, business and the law – Equatorial Guinea’, https://wbl.worldbank.org/en/data/exploreeconomies/ equatorial-guinea/2021

530

Sao Tome and Principe’s Ley 6/2019 de 16 de noviembre de 2018, que aprueba el Código del Trabajo, Article 249, p. 230

531

World Bank (2021) “Women, business and the law – São Tomé and Príncipe”, https://wbl.worldbank.org/en/data/exploreeconomies/saotome-and-principe/2021

532

World Bank (2021) “Women, business and the law – Cameroon”, https://wbl.worldbank.org/en/data/exploreeconomies/cameroon/2021

533

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291

Make Every Woman Count

Burundi’s Code pénal Loi n°1/27 du 29 décembre 2017, p. 166

534

Republic of Chad (2017) “Code Pénal 2017 https://www.droit-afrique.com/uploads/Tchad-Code-penal-2017.pdf

535

Gabon’s Loi 10-216 du 5 septembre 2016 portant sur la lutte contre le harcèlement professionnel, Article 2

536

Gabon’s Loi 042/2018 du 5 juillet 2019 portant Code Pénal, Article 402(3)

537

Burundi Plan national de développement 2018–2027, pp. 95–96

538

Congo Republic, Plan national de développement 2018–2022, pp. 134–135

539

Cameroon, Programme pays pour le travail décent 2014–2017, p. 10

540 541

Human Rights Council (2020) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Sao Tome and Principe”, pp. 8–9 UN Women (2016) “Burundi commits to reinforcing gains and advancing gender equality under the 2030 Agenda for Sustainable Development (updated)”, https://www.unwomen.org/en/get-involved/step-it-up/commitments/burundi

542

Republic of Burundi (2019) “Rapport national d’évaluation de la mise en application de la Déclaration et du Programme d’Actions de Beijing +25”, p. 17

543

Republic of Chad (2014) “Rapport national d’évaluation des vingt (20) ans de mise en œuvre des recommandations du Programme d’Action de Beijing”, p. 17

544

Committee on the Elimination of Discrimination Against Women (2011) “Concluding observations”, p. 10

545

Republic of Chad (2019) “Rapport national d’évaluation des vingt cinq (25) ans de mise en œuvre de la déclaration et du Programme d’Action de Beijing”, p. 57

546

DR Congo (2019),” Rapport du gouvernement de la République Démocratique du Congo sur l’application de la Déclaration de Beijing : examen au niveau national sur le respect des engagements pris dans le cadre de la Déclaration de Beijing et de la Plateforme d’Action Beijing +25”, p. 26

547

Human Rights Council (2017) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Gabon”, p. 13

548

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, pp. 13–14, 45

549

Ibid.

550

World Bank (2016) “Chad: World Bank Safety Nets Program benefits 15,000 vulnerable households”, https://www.worldbank.org/en/ news/press-release/2016/09/01/chad-world-bank-safety-nets-program-benefits-15000-vulnerable-households

551

Ibid.

552

Republic of Burundi (2019) “Rapport national d’évaluation de la mise en application de la Déclaration et du Programme d’Actions de Beijing +25”, p. 37

553

Democratic Republic of Congo (2019) “Rapport du gouvernement de la République Démocratique du Congo sur l’application de la Déclaration de Beijing : examen au niveau national sur le respect des engagements pris dans le cadre de la Déclaration de Beijing et de la Plateforme d’Action Beijing +25”, p. 27

554

Republic of Congo (2019) “Rapport national d’évaluation de la Declaration et du Programme d’Action de Beijing + 25”, pp. 4, 11

555

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 10

556

Women, Business and the Law, “Cameroon”, https://wbl.worldbank.org/en/data/exploreeconomies/cameroon/2021

557

Committee on the Elimination of Discrimination Against Women (2016) “Concluding observations on the combined fifth and sixth periodic reports of Burundi*”, p. 12

558

Central African Republic (2019) “Rapport national de la mise en œuvre du Programme d’Action et la Déclaration de Beijing+25”, p. 49

559

Committee on Economic, Social and Cultural Rights (2019) “Concluding observations on the fourth periodic report of Cameroon*”, p. 6

560

Women, Business and the Law, “Burundi” “São Tomé and Príncipe” “Central African Republic”

561

Central African Republic (2019) “Rapport national de la mise en œuvre du Programme d’Action et la Déclaration de Beijing+25”, p. 44

562

Democratic Republic fo Congo (2019) “Rapport du gouvernement de la République démocratique du Congo sur l’application de la Déclaration de Beijing : examen au niveau national sur le respect des engagements pris dans le cadre de la Déclaration de Beijing et de la Plateforme d’Action Beijing +25”, p. 45

563

Republic of Burundi (2014) “Rapport national d’évaluation de mise en application du Programme d’Action de Beijing (Beijing +20)”, p. 9; Republic of Burundi (2019) “Rapport national d’évaluation de la mise en application de la Déclaration et du Programme d’Action de Beijing Beijing +25”, p. 12

564

Republic of Equatorial Guinea (2019), “Informe nacional de Guinea Ecuatorial”, p. 32

565

Comoros Constitution 2018, https://www.constituteproject.org/constitution/Comoros_2018?lang=en

566

South Sudan Constitution 2011 (rev. 2013), https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en

567

Kenya Constitution 2010 no date, https://www.constituteproject.org/constitution/Kenya_2010?lang=en

568

Madagascar Constitution 2010, https://www.constituteproject.org/constitution/Madagascar_2010?lang=en

569

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 32

570

Ibid., p. 8.

571

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, final report”, p. 26

572

Mauritius Worker’s Rights 2019 – Act No. 20 of 2019, pp. 16 –17

573

South Sudan Labour Act 2017, Act No. 64, p. 17

574

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 32

575

292

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Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action”, p. 28

576

Republic of Mauritius (2019) “Mauritius progress report (2014 -2019), Beijing Declaration and Platform for Action, a comprehensive national level review and appraisal”, p.48

577

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 10

578

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, p. 5

579

Ibid.

580

Republic of Rwanda (2019), “Beijing +25 Rwanda country report”, p. 17

581

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, final report”, p. 7

582

Federal Democratic Republic of Ethiopia Labour Proclamation 1156/2019 (Article 88), p. 11736

583

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 33

584

Kenya Employment Act 2012, p. 26

585

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 29

586

Republic of Kenya Gazette Supplement National Assembly Bills 2019, p. 133

587

Union of the Comores (2019) “Rapport pays sur les progrès réalisés dans la mise en œuvre de la Plateforme d’Action de Beijing +25”, p.15

588

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, p. 26.

589

Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 50

590

Ibid.

591

Republic of Djibouti Stratégie nationale de protection sociale 2018–2022, p. 50

592

Ibid., p. 70

593

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, Final Report”, p. 5

594

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action -Beijing +25”, p. 11

595

Somalia National Development Plan 2020–2024

596 597

UNECA (2016) “Country profile – Djibouti”, p. 16. Republic of Mauritius (2019) “Mauritius progress report (2014 -2019), Beijing Declaration and Platform for Action, a comprehensive national level review and appraisal”, p .48

598

Ibid.

599

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action (2009-2014)”, p. 16

600

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, Final Report”, p. 38

601

602

Republic of South Sudan, (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 35

Republic of Kenya (2019) “Review of the implementation of Beijing Platform for Action (Beijing +20)”, p. 13

603

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 33

604

Ibid.

605

Republic of Kenya (2019) “Review of the implementation of Beijing Platform for Action (Beijing +20),” p. 12

606

OECD (2017) “Women’s economic empowerment in selected MENA countries: the impact of legal frameworks in Algeria, Egypt, Jordan, Libya, Morocco and Tunisia”, p. 56

607

Ibid., p. 101

608

Ibid., p. 102

609

World Bank (2020) “Women, business and the law – Libya”, https://wbl.worldbank.org/en/data/exploreeconomies/libya/2020

610

Arab Republic of Egypt (2019) “Report on the progress made in the implementation of the Beijing Platform for Action (2014–March 2019”, p. 43

611

UN Women (2014) “Budgets respond to the needs of women in Morocco”, https://www.unwomen.org/en/news/stories/2014/3/budgetsrespond-to-the-needs-of-women-in-morocco

612

National Strategy for the Empowerment of Egyptian Women 2030 Vision and Pillars, p. 21

613

Republic of Tunisia (n.d.) “Report of the Republic of Tunisia on Beijing Declaration and Platform for Action (BPfA) + 25”, p. 10

614

OECD (2017) “Women’s economic empowerment in selected MENA countries”, p. 122

615

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action, after 25 years”, p. 8

616

OECD (2017) “Women’s economic empowerment in selected MENA countries”, p. 103

617

Ibid.

618

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

619

OECD (2017) “Women’s economic empowerment in selected MENA countries”, p. 57

620

Governance and Social Development Resource Center (2013) “Women’s economic role in the Middle East and North Africa”, p. 14

621

Ibid.

622

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293

Make Every Woman Count

Libya (2019) “Comprehensive national review of the progress made towards the implementation of the Beijing Declaration and Platform for Action +25”, p. 73

623

624

Zimbabwe Constitution 2013 (rev. 2017), https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en Angola Constitution 2010, https://www.constituteproject.org/constitution/Angola_2010?lang=en

625

South Africa’s Employment Equity (Amendment) Act 2013; Zambia’s Gender Equity and Equality Act 2015; Zimbabwe’s National Gender Policy 2013–2017, p. 21

626

Angola’s Lei das Micro, Pequenas e Médias Empresas No. 30/11, de 13 de Setembro, p. 3

627

Angola’s General Labour Law No. 7/15 of 15 June 2015, pp. 2481, 2488–2489; Presidential Decree on Maternity Protection No. 8/11of 7 January 2011, pp. 2–4

628

Botswana’s Employment Act Amended 2010, Section 113; see also CEDAW (2017) “Fourth periodic report submitted by Botswana under article 18 of the Convention, due in 2014”, p. 19

629

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 64

630

CEDAW (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”, p. 36

631

Zambia’s Gender Equity and Equality Act 2015, p. 482

632

Zimbabwe Constitution 2013 (rev. 2017); Angola’s Lei geral do trabalho No. 7/15 de 15 de Junho de 2015”, Section 15

633

Namibia’s Employment Services Act 8 2011

634

South Africa Department of Trade and Industry (2017) “Codes of good practice on broad based black economic empowerment”, p. 245

635

Malawi’s Gender Equality Act No. 3 of 2013, Sections 4 and 7; CEDAW (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”, p. 40

636

Republic of Mozambique (2019) “Beijing +25: Mozambique report on the implementation of Beijing Declaration and Platform for Action”, p. 13

637

Ibid.

638

Republic of Angola (2019) “Relatório sobre a implementação do plano de acção da Plataforma de Beijing (PAV), 2014–2019”, p. 25

639

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 25

640

Republic of Botswana, (2019) “Final draft: Botswana, national review for implementation of the Beijing Platform for Action – Beijing +25”, p. 13

641

Mozambique Poverty Reduction Action Plan 2011–2014, p. 7

642

Zimbabwe Interim Poverty Reduction Strategy Paper (2016–2018), p. 127

643

Republic of Namibia (2019) “Beijing +25: World Conference on Women and implementation of the Beijing Declaration and Platform of Action: Namibia Country Report 2014-2019”, p. 19

644

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p.94

645

Swaziland National Gender Policy 2010, p. 33

646

South Africa Framework on Gender-Responsive Planning, Budgeting, Monitoring, Evaluation and Auditing, p. 37

647

AfDB (2009) “South Africa: the national gender machinery, gender mainstreaming and the fight against gender based violence”, p. 25; Namibia’s National Gender Policy 2010–2020, p. 47; Zimbabwe’s National Gender Policy 2013–2017, p. 21

648

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 103

649

CEDAW (2018) “Combined third to fifth periodic reports submitted by Mozambique under Article 18 of the Convention, due in 2014”, p. 21; CEDAW (2017) “Seventh periodic report submitted by Angola under Article 18 of the Convention, due in 2007”, p. 7

650

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 34; Macauhub (2013) “Inaugurado em Moçambique banco para apoiar mulheres empresárias”, https://macauhub.com.mo/pt/2013/10/03/portugues-inaugurado-em-mocambique-banco-paraapoiar-mulheres-empresarias/

651

652

SWEET Micro Finance, “History”, http://www.sweet.co.sz/About.php

Imbita Swaziland Women’s Finance Trust, “About us”, http://imbita.org/index.html

653

UN Human Rights Commission (2019) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Lesotho”, p. 11

654

South Africa National Empowerment Fund (2019) “Integrated report 2019”, p. 16

655

Ministry of Gender Equality, Poverty Eradication and Social Welfare, “Income Generating Activity Fund”, http://www.mgecw.gov.na/ income-generating-activity-fund-iga-

656

Republic of Zambia (2019) “Progress report on the implementation of the Beijing Declaration and Platform for Action (1995) and the outcomes of the Twenty-Third Special Session of the General Assembly (2000)”, p. 7

657

Zambia Central Statistical Office (2012) “Gender status report 2012-2014”, p. 61

658

Zulu, D. (2015) “Women’s bank launched”, Times of Zambia, http://www.times.co.zm/?p=74195

659

Republic of Zimbabwe (2019) “Zimbabwe national review report 2014-2019”, p. 10

660

Ngutjinazo, O. (2019) “Women-owned SMEs programme launched”, The Namibian, https://www.namibian.com.na/191955/archive-read/ Women-owned-SMEs-programme-launched

661

662

Republic of Zimbabwe (2019) “Zimbabwe national review report 2014-2019”, p. 19

663

LII, “Women and justice – Lesotho”, https://www.law.cornell.edu/women-and-justice/location/lesotho; Makafane v Zhongxian Investment Pty Ltd and Another (LC/76/2013) [2014] LSLC 36 (11 July 2014), 2014, https://lesotholii.org/ls/judgment/labourcourt/2014/36/

664

294

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AWD Report 2020

CEDAW (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”, p. 36

665

Business in Tech (2019) “New court case to decide on the future of affirmative action in South Africa”, https://businesstech.co.za/news/ business/341141/new-court-case-to-decide-on-the-future-of-affirmative-action-in-south-africa/

666

World Bank (2020) “Women, business and the law 2020”, pp. 45–48

667

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 64

668

CEDAW (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”, p. 36

669 670

671

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 49; FinMark Trust (2016) “Gender and financial inclusion: analysis of financial inclusion of women in the SADC region”, p. 2

FinMark Trust (2016) “Gender and financial inclusion: analysis of financial inclusion of women in the SADC region”, p. 22

672

SADC (2012) “Women Economic Empowerment Programme”, www.sadc.int/issues/gender/women-economic-empowermentprogramme/

Nwosu, C.O. and Ndinda, C. (2018) “Female household headship and poverty in South Africa: an employment-based analysis”; Republic of Zambia (2019) “Progress report on the implementation of the Beijing Declaration and Platform for Action (1995) and the outcomes of the Twenty-Third Special Session of the General Assembly (2000)”, p. 5; Manjengwa, J. et al. (2012) “Understanding poverty, promoting wellbeing and sustainable development. A sample survey of 16 districts in Zimbabwe”; Milazzo, A. and van de Walle, D. (2015) “Women left behind? Poverty and headship in Africa”, p. 5

673

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 96

674

Malawi Constitution 1994 (rev. 2017), https://www.constituteproject.org/constitution/Malawi_2017?lang=en

675

Republic of Zimbabwe (2019) “Zimbabwe national review report 2014-2019”, p. 27

676

SARDC and SADC (2018) “SADC gender and development monitor 2018”, p. 107

677

Motsepe Foundation, “Gender responsive budgets”, http://motsepefoundation.org/gender-responsive-budgets/

678

Niger Constitution 2010 (rev. 2017), https://www.constituteproject.org/constitution/Niger_2017?lang=en

679

Ivoire-Juriste (2019) “Article de doctrine : la vocation successorale du conjoint survivant à l’aune de la loi n°2019-573 du 26 juin 2019 relative aux successions’’, https://www.ivoire-juriste.com/2020/01/article-de-doctrine-la-vocation-successorale-du-conjoint-survivantau-regard-de-la-loi-n-2019-573-du-26-juin-2019-relative-aux-successionx.html

680

Côte d’Ivoire Loi No. 2019-570, http://www.famille.gouv.ci/public/documents/doc_drcc/loi_2019-570_sur_le_mariage.pdf

681

Library of Congress (2019) “Côte d’Ivoire: bill to amend marriage law approved”, https://www.loc.gov/law/foreign-news/article/ctedivoire-bill-to-amend-marriage-law-approved/

682

Republic of the Gambia Women’s Act 2010, http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=90619

683

MEWC (2018) “African Women’s Decade 2010-2020: women’s participation in decision-making & leadership”, p. 176

684

Ivoire-Juriste (2017) “Code du travail”, p. 9

685

Republic of Liberia (2019), “Beijing+25 national review report”, p. 22

686

Gender Index (2019) ”Liberia”, p. 6

687

Republic of Sénégal, (2019) “Rapport national de la mise en œuvre de la Déclaration et du Programme D’action de Beijing+25 Du Sénégal”, p. 45

688

Federal Republic of Nigeria (2019) “National Beijing+25” review”, p. 44. Note that Nigeria is a federal state where individual states may have laws different to the federal capital state.

689

Togo’s Arrêté n° 020/MTESS/DGTLS du 30 juillet 2010 fixant la nature des travaux interdits aux femmes enceintes (Article 147 du Code du travail), p. 1

690

AU Strategy for Gender Equality & Women’s Empowerment 2018–2028, p. 42

691

Republic of Cabo Verde (2019) “Cabo Verde national report: Beijing +25”, p. 23

692

Sonko, I. (2020) “Women Enterprise Fund Bill 2020 refer to ABC’’, The Point, https://thepoint.gm/africa/gambia/headlines/womenenterprise-fund-bill-2020-refer-to-abc

693

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995: Rapport Beijing +25”, p. 37

694

UN Women (2015) “Preventing conflict, transforming justice, securing the peace: a global study on the implementation of United Nations Security Council Resolution 1325”, p. 172

695

Federal Republic of Nigeria (2019) “National Beijing +25 review”, p. 49

696

Republic of Liberia, (2019) “Beijing+25 national review report: 25th anniversary of the Fourth Conference on Women and Adoption of the Beijing Declaration and Platform for Action (1995)”, p. 7

697

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995: Rapport Beijing +25”, p. 9

698

Republic of Cabo Verde, (2019), “Cabo Verde national report: Beijing +25”, p. 41.

699

Ibid., p. 42

700 701

Republic of Liberia (2019) “Beijing+25 national review report”, p. 11

702 703

World Bank (2020) “Women, business and the law 2020”, p. 7

Portail Officiel du Gouvernement de Côte d’Ivoire (2018) ‘‘Entrepreneuriat féminin : Plus d’un milliard accordé à 100 femmes’’, http:// www.gouv.ci/_actualite-article.php?d=1&recordID=9496&p=338 Eugene, A. (2019) “La Bénin créé un fonds de soutien pour l’entreprenariat féminin’’, Agence Afrique, http://www.agenceafrique. com/18170-le-benin-cree-un-fonds-de-soutien-pour-lentreprenariat-feminin.html

704

Republic of Guinea (2019) “Rapport national sur l’evaluation de la mise en œuvre du Programme d’Action du Beijing+25’’, p. 12

705

Republic of the Gambia (2018) “Combined report on the African Charter on Human and Peoples’ Rights for the period 1994 and 2018 and initial report under the Protocol to the African Charter on the Rights of Women in Africa”, p. 162

706

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295

Make Every Woman Count

707

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the ninth periodic report of Cabo Verde (CEDAW/C/CPV/CO/9), p. 14 Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the fourth periodic report of Côte d’Ivoire (CEDAW/C/CIV/CO/4)”, p. 14

708

Gender Index (n.d.) “Niger”, p. 6

709

Gender Index (2019) “Sierra Leone”, p. 9

710

Republic of Niger (2019) “Rapport du Niger sur la mise en œuvre de la Déclaration et du Programme d’Action de Beijing +25”, p. 34

711

Republic of Senegal (2019) “Rapport national de la mise en œuvre de la Déclaration et du programme d’Action de Beijing+25 du Sénégal”, p. 24

712

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995: Rapport Beijing +25”, p. 24

713

Republic of Sierra Leone (2019) “Country report by Sierra Leone on implementation of the Beijing Platform for Action (1995) and the outcome of the Twenty-Third Special Session of the General Assembly (2000)”, p. 8

714

Oxfam (2018) “A guide to gender-responsive budgeting”, p. 1

715

Republic of Uganda (2005) “Gender budgeting guidelines and analytical tools”, p. 7

716

World Bank (2005) “Uganda: from periphery to center: a strategic country gender assessment”, p. 62

717

718

EOC (2019) “Draft gender and equity compact for the legislature sector – enhancing gender and equity planning and budgeting for the legislature sector”, p. 8

FOWODE, (2015) “Annual report 2015”, https://fowode.org/projects/annual-reports/8-fowode-annual-report-2015/file.html

719

720 721

FOWODE, “Gender and economic justice”, https://www.fowode.org/services/our-programmes/gender-and-economic-justice.html

UNDP (2014) “United Nations Joint Programme on Gender Equality – Uganda annual narrative report”, p. 18

722

Dietl, S. et al. (2014) “Working paper promoting gender responsive budgeting and gender mainstreaming in Uganda”, p. 20

Makuma, R. (2012) “Uganda: MPs trained in budget analysis”, All Africa, https://allafrica.com/stories/201203230809.html

723

724

The Independent (2019) “FOWODE wins award for championing gender and equity budgeting”, https://www.independent.co.ug/ fowode-wins-award-for-championing-gender-and-equity-budgeting/ Ibid.

725 726 727

Ibid.

Muhumuza, K. (2018) “Public Finance Management Act leaves government back footed as they seek amendments”, p. 4 FOWODE, (2015) “Annual report 2015”, https://fowode.org/projects/annual-reports/8-fowode-annual-report-2015/file.html

728 729

EOC (2019) “Draft gender and equity compact for the legislature sector – enhancing gender and equity planning and budgeting for the legislature sector”, p. 8 The Independent (2019) “FOWODE wins award for championing gender and equity budgeting”, https://www.independent.co.ug/ fowode-wins-award-for-championing-gender-and-equity-budgeting/

730

Committee on the Elimination of Discrimination Against Women (2016) “Concluding observations on the combined sixth and seventh periodic reports of Madagascar (CEDAW/C/MDG/CO/6-7), p. 14

731

Musau, Z. (2019) “African women in politics: miles to go before parity is achieved”, Africa Renewal, https://www.un.org/africarenewal/ magazine/april-2019-july-2019/african-women-politics-miles-go-parity-achieved

732

AU (2020) “Concept note: High-Level Virtual Forum on Women in Governance and Political Participation (WGPP): enhancing African women’s role in leadership”, p. 6

733

Ibid., p. 5

734

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003

735

AU (2009) “The African Women’s Decade, Theme: Grassroots Approach to Gender Equality and Women’s Empowerment (GEWE)”, p. 5

736

Ibid.

737

UN Women (2017) “New platform launched to galvanize and boost women’s leadership of Africa”, Press Release, https://www. unwomen.org/en/news/stories/2017/6/press-release-new-platform-launched-to-galvanize-and-boost-womens-leadership-of-africa

738

AU (2020) “Concept note: High-Level Virtual Forum on Women in Governance and Political Participation”, p. 4

739

AU (2020) “Statement by the deputy chairperson at the High-Level Virtual forum: Women in Governance and Political Participation (WGPP)” , https://au.int/en/speeches/20200626/statement-deputy-chairperson-high-level-virtual-forum-women-governance-and

740

741

AU (2020) “Concept note: High-Level Virtual Forum on Women in Governance and Political Participation”, p. 4 Burundi Constitution 2018, https://www.constituteproject.org/constitution/Burundi_2018?lang=en

742

Côte d’Ivoire Constitution 2016, https://www.constituteproject.org/constitution/Cote_DIvoire_2016?lang=en

743

Arab Republic of Egypt (2019) “Report on the progress made in the implementation of the Beijing Platform for action (from 2014 to March 2019)”, p. 11

744

Lesotho National Strategic Development Plan 2012/13–2016/17, p. 8

745

Burundi Constitution (2018), Articles 169, 185, 213, 128, https://www.constituteproject.org/constitution/Burundi_2018.pdf?lang=en

746

Central African Republic Constitution (2016), Articles 99, 139, https://www.constituteproject.org/constitution/Central_African_ Republic_2016.pdf?lang=en

747

Chad Constitution (2018), Article 34

748

Congo (Republic of the)’s Constitution (2015) Constitute Project (Article 17)

749

Equatorial Guinea Constitution (2012), Article 13 (2)

750

DR Congo Constitution (2011), Article 14

751

296

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AWD Report 2020

Nanourou, S. and Wilson, A. (2014) “Analysis of the status of women in Burundi’s political and electoral processes”, p. 2 https://www.ifes. org/sites/default/files/burundi_gender_analysis.pdf

752

Burundi’s “Loi No 1/11 du 20 Mai 2019 portant modification de la Loi No 1/20 du 3 Juin 2014 Portant Code Electoral, Articles 182, 108, 127,142, https://www.eisa.org/pdf/bur2019electoralcode.pdf

753

IPU (2020) “Burundi National Assembly”, https://data.ipu.org/content/burundi?chamber_id=13353 and “Burundi Senate”, https://data. ipu.org/content/burundi?chamber_id=13354

754

Republic of Congo (2016) “Programme national de promotion du leadership féminin en politique et dans la vie publique en République du Congo Période 2017-2021”, pp. 6, 16; Loi n° 1-2016 du 23 janvier 2016 modifi ant et complétant certaines dispositions des lois n° 5-2007 du 25 mai 2007, n° 9-2012 du 23 mai 2012 et n° 40-2014 du 1er septembre 2014 modifi ant et complétant certaines dispositions de la loi électorale, Article 67, http://aceproject.org/ero-en/regions/africa/CG/congo-brazzaville-electoral-law-amendments-2016

755

UNDP (2016) “La Centrafrique adopte la loi sur la parité homme et femme”, https://www.cf.undp.org/content/car/fr/home/presscenter/ pressreleases/2016/11/10/la-centrafrique-adopte-la-loi-sur-la-parit-homme-femme.html

756

Central African Republic’s Loi n°19-0011 du 20 août 2019”, Article 281, http://www.droit-afrique.com/uploads/RCA-Code-2019electoral.pdf

757

Gabon’s Loi n°9/2016 du 5 septembre 2016 fixant les quotas d’accès des femmes et des jeunes aux élections politiques et celui des femmes aux emplois supérieurs de l’État, https://fr.unesco.org/creativity/policy-monitoring-platform/loi-ndeg92016-du-5septembre-2016

758

African Commission on Human and Peoples’ Rights (2019) “Cameroon: 4th-6th periodic report, 2015 – 2019”, p. 116, https://www.achpr. org/states/statereport?id=130

759

Cameroon’s Law 2012/001 of 19 April relating to the Electoral Code, Articles 164, 151, 171, 218, 246, http://aceproject.org/electoraladvice/archive/questions/replies/7798903/986792279/ELECTORAL-CODE-OF-CAMEROON.pdf

760

IDEA (2020) “Gender Quotas Database: Cameroon”, https://www.idea.int/data-tools/data/gender-quotas/country-view/80/35

761

Democratic Republic of Congo’s Loi 15/013 du 1er août 2015 portant modalités d’application des droits de la femme et de la parité, Article 2

762

Ibid., Article 6

763

Chad’s Ordonnance instituant la parité dans les fonctions nominatives et electives au Tchad 2018

764

Republic of Congo (2016) “Programme national de promotion du leadership féminin en politique et dans la vie publique en République du Congo période 2017-2021”, p. 40

765

Republic of Cameroon National Action Plan to Support Women’s Participation In Decision-Making in Cameroon 2015, http://www. minproff.cm/wp-content/uploads/2015/05/PLAN-DACTION-DES-ELECTIONS-ANGLAIS.pdf

766

Republic of Cameroon (2018) “Political education manual for women in Cameroon”, http://www.minproff.cm/wp-content/ uploads/2015/05/MANUEL-DE-FORMATION-POLITIQUE-ANGLAIS.pdf

767

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 23, https://www.un.org/en/africa/osaa/pdf/ pubs/2016womenpeacesecurity-auc.pdf

768

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, pp. 41, 112

769

Ibid., p. 15

770

Central African Republic (2019) “Rapport national de la mise en œuvre du Programme d’Action et la Déclaration de Beijing+25”, p. 45

771

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the

772

Democratic Republic of the Congo*”, p. 10

Human Rights Council (2018) “National report submitted in accordance with paragraph 5 of the annex to resolution 16/21 of the Human Rights Council* Congo”, p. 4

773

IDEA (2021) “Gender Quotas Database”, https://www.idea.int/data-tools/data/gender-quotas/country-view/132/35

774

Republic of Congo (2016) “Programme national de promotion du leadership féminin en politique et dans la vie publique en République du Congo période 2017-2021”, p. 14

775

Ibid., p.21

776

Nanourou and Wilson (2014) “Analysis of the status of women in Burundi’s political and electoral processes”, p. 10

777

Democratic Republic of Congo’s Loi 17/013 du 24 décembre 2017 modifiant et complétant la Loi n°06/006 du 09 mars 2006 portant organisation des élections présidentielle, législatives, provinciales, urbaines, municipales et locales telle que modifiée à ce jour, Article 13

778

Ibid.

779

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the Democratic Republic of the Congo*”, p. 7

780

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 9

781

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the Democratic Republic of the Congo*”, p. 7

782

Ibid., pp. 7, 10

783

Nanourou and Wilson (2014) “Analysis of the status of women in Burundi’s political and electoral processes”, pp. 10–11

784

Republic of Burundi (2019) “Rapport national d’évaluation de a mise en application de la Declaration et du Programme d’Action de Beijing, Beijing +25”, p. 33

785

United Nations Security Council (2019) “The situation in Burundi”, p. 9, https://oseb.unmissions.org/sites/default/files/report_on_ burundi_30_october_2019.pdf

786

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297

Make Every Woman Count

787

USAID (2017) “USAID/Burundi gender analysis final report 2017”, pp. 25–26, https://banyanglobal.com/wp-content/uploads/2017/07/ USAID-Burundi-Gender-Analysis-Final-Report-2017.pdf Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 9

788

United States Department of State, Bureau of Democracy, Human Rights and Labor (2018) “Sao Tome and Principe 2018 human rights report”, pp. 9–10, https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/sao-tome-and-principe/

789

790

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the

Democratic Republic of the Congo*”, p. 7 791

EISA (2008) “Seychelles: women’s representation quotas”, https://www.eisa.org.za/wep/seyquotas.htm

792

Rwanda Constitution 2003 with Amendments through 2015, https://www.constituteproject.org/constitution/Rwanda_2015. pdf?lang=en

Ibid.

793

794

South Sudan Constitution 2011, https://www.constituteproject.org/constitution/South_Sudan_2011.pdf Ibid.

795

Sudan Constitution 2019, https://www.constituteproject.org/constitution/Sudan_2019.pdf?lang=en

796 797

Tanzania Constitution 1995, p. 41, https://rsf.org/sites/default/files/constitution.pdf

798

Uganda Constitution 1995, https://ulii.org/ug/legislation/consolidated-act/0

Somalia Provisional Constitution 2012, http://hrlibrary.umn.edu/research/Somalia-Constitution2012.pdf

799

800 801

International IDEA, “Gender Quotas Database: Somalia”, https://www.idea.int/data-tools/data/gender-quotas/country-view/270/35

Ethiopia Constitution 1994, https://www.constituteproject.org/constitution/Ethiopia_1994.pdf?lang=en

802

The Presidency Ministry of Devolution and Planning, Review of the Implementation of Beijing Platform for Action (Beijing +20), p. 14, https://www.uneca.org/sites/default/files/uploaded-documents/Beijing20/NationalReviews/kenyas_beijing_review_report.pdf

Republic of Kenya (2014)“Review of the implementation of Beijing Platform for Action (Beijing +20)”, p. 37

803

Comoros Constitution 2018, https://www.constituteproject.org/constitution/Comoros_2018.pdf?lang=en

804

Madagascar Constitution 2010, https://www.constituteproject.org/constitution/Madagascar_2010.pdf?lang=en

805

IPU (2020) “Women in Parliament: 1995-2020 – 25 years in review”, https://www.ipu.org/resources/publications/reports/2020-03/ women-in-parliament-1995-2020-25-years-in-review

806

807

State of Eritrea (2014) “National review of the implementation of the Beijing Declaration and Platform for Action”

808

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action (2014)”, p. 37 IPU (2020) “Women in Parliament: 1995-2020 – 25 years in review”

809

Ibid.

810

Ibid.

811

Ibid.

812

World Bank “Proportion of seats held by women in national parliaments (%) – Comoros”, https://data.worldbank.org/indicator/SG.GEN. PARL.ZS?end=2019&locations=KM&start=2004&view=chart

813

814

World Bank, “Proportion of seats held by women in national parliaments (%) – Seychelles”, ,https://data.worldbank.org/indicator/ SG.GEN.PARL.ZS?locations=SC&start=2010 Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 54, https://www.unwomen.org/-/media/headquarters/attachments/ sections/csw/64/national-reviews/rwanda.pdf?la=en&vs=5452

815

All Africa (2020) “Somalia: Parliament to have 30 percent women after House approval”, https://allafrica.com/stories/202006260336. html

816

817

World Bank “Proportion of seats held by women in national parliaments (%) – Somalia”, https://data.worldbank.org/indicator/SG.GEN. PARL.ZS?locations=SO&start=2010 World Bank “Proportion of seats held by women in national parliaments (%) – Tanzania”, https://data.worldbank.org/indicator/SG.GEN. PARL.ZS?locations=TZ&start=2010

818

Our World in Data “Proportion of women in ministerial positions, 2008 to 2016”, https://ourworldindata.org/grapher/proportion-ofwomen-in-ministerial-positions?tab=chart&time=2008..&country=~TZA&region=Africa

819

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 74, https://www.unwomen.org/-/media/headquarters/attachments/sections/csw/64/nationalreviews/united-republic-of-tanzania-en.pdf?la=en&vs=711

820

821

Council on Foreign Relations (2020) “Women’s Power Index”, https://www.cfr.org/article/womens-power-index Uganda Strategic Plan 2016-2021, Promoting Gender Parity in Policies and Development, http://www.uwopa.or.ug/sites/default/files/ Publications/uwopa%20strategic%20plan%20final%202016-2021.pdf

822

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action”, p. 21, https://www. unwomen.org/-/media/headquarters/attachments/sections/csw/64/national-reviews/uganda.pdf?la=en&vs=708

823

IPU (2020) “Women in Parliament: 1995-2020 – 25 years in review”, Annex

824

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action”, p. 37

825

Ibid.

826

Ibid.

827

African Women’s Development and Communication Network (2015) “African civil society Beijing +20 shadow report”, https://femnet. org/wp-content/uploads/2015/11/Africa_Civil_Society_Beijing20_Shadow_Report.pdf

828

State of Eritrea (2014) “National review of the implementation of the Beijing Declaration and Platform for Action”

829

298

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AWD Report 2020

FDRE (2019) ‘Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25), p. 40

830

BBC (2018) “Ethiopia’s Abiy gives half of ministerial posts to women”, https://www.bbc.com/news/world-africa-45881004

831

UN Women (2014) “Preliminary gender profile of Ethiopia”, p. 23, https://2012-2017.usaid.gov/sites/default/files/documents/1860/ Preliminary%20Gender%20Profile%20of%20Ethiopia%20Nov%2017%20final.pdf

832

Global Integrity (2016) “Africa Integrity Indicators, Kenya”, https://aii.globalintegrity.org/indicator-details?country=kenya&num=85&ye ar=2017

833

IPU (2017) “Women in national parliaments”, http://archive.ipu.org/wmn-e/arc/classif010917.htm

834

IPU (2020) “Women in parliament: 1995-2020 – 25 years in review”

835

International IDEA, “Gender Quotas Database: Sudan”, https://www.idea.int/data-tools/data/gender-quotas/country-view/260/35

836

International IDEA, “Gender Quotas Database: Tanzania”, https://www.idea.int/data-tools/data/gender-quotas/country-view/291/35

837

Wilber, R.(2011) “Lessons from Rwanda: how women transform governance”, The Solutions Journa, lhttps://www.thesolutionsjournal. com/article/lessons-from-rwanda-how-women-transform-governance/

838

Uganda Strategic Plan 2016-2021, Promoting Gender Parity in Policies and Development

839

The Conversation (2019) “Uganda women MPs joined forces with men to make their voices heard”, https://theconversation.com/ uganda-women-mps-joined-forces-with-men-to-make-their-voices-heard-119671

840

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 14, https://www.unwomen.org/-/media/headquarters/attachments/sections/csw/64/national-reviews/south%20sudan.pdf?la=en&vs=5535

841

842

South Sudan Women’s Empowerment Network (2018) “Women’s political participation in South Sudan”, http://sswen.org/wp-content/ uploads/2018/01/Women-Political-Participation-.pdf

Passi, M. (2019) “Women demand inclusion in South Sudan peace process”, HYPERLINK “https://reliefweb.int/report/south-sudan/ women-demand-inclusion-south-sudan-peace-process” https://reliefweb.int/report/south-sudan/women-demand-inclusion-southsudan-peace-process

843

Tanza, J. (2018) “South Sudanese women want political quota respected”, Voice of America, https://www.voanews.com/archive/southsudanese-women-want-political-quota-respected

844

George, R. (2019) “Women at the forefront of Sudan’s political transformation”, p. 9, https://cdn.odi.org/media/documents/gesi_sudan_ wp566.pdf

845

UN Women (2015) “Women claim their space in Tanzania’s elections”, https://www.unwomen.org/en/news/stories/2015/10/womenclaim-their-space-in-tanzania-elections

846

Uganda Strategic Plan 2016-2021, Promoting Gender Parity in Policies and Development, p. 9

847

OECD (2014) “Women in public life: gender, law and policy in the Middle East and North Africa”, p. 55

848

Ibid.

849

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

850

Arab Republic of Egypt (2019) “Report on the progress made in the Implementation of the Beijing Platform for action (from 2014 to March 2019)”, p. 11

851

Algeria Constitution 1989 (reinst. 1996, rev. 2016), https://www.constituteproject.org/constitution/Algeria_2016?lang=en

852

Tunisia Constitution 2014, https://www.constituteproject.org/constitution/Tunisia_2014?lang=en

853

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action, after 25 years”, p. 48

854

Ibid.

855

IPU (2020) “Women in national parliaments”, https://data.ipu.org/women-ranking?month=10&year=2020

856

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action, after 25 years”, p. 48

857

SIGI, “Libya, 2019”, p. 8

858

Libya (2019) “Libya national report – 2019 review – implementation of the Beijing Declaration and Plan of Action”, p. 38

859

Ibid.

860

SIGI, “Tunisia, 2019”, p. 12

861

Ibid.

862

International IDEA, “Gender Quotas Database: Mauritania”, https://www.idea.int/data-tools/data/gender-quotas/country-view/214/35

863

MEWC (2018) “African Women’s Decade 2010-2020: women’s participation in decision-making & leadership”, p. 87

864

Libya (2019) “Libya national report – 2019 review – implementation of the Beijing Declaration and Plan of Action”, p. 48

865

SIGI, “Mauritania, 2019”, p. 3

866

Kingdom of Morocco (2019) “National review of the implementation of the Beijing Declaration and Platform for Action, after 25 years”, p. 65

867

Libya (2019) “Libya national report – 2019 review – implementation of the Beijing Declaration and Plan of Action”, p. 6

868

Republic of Tunisia (2014) “Beijing +20 Tunisia’s national report”, p. 46

869

UN Women (2015) “Algeria and Belgium partner in new gender equality programme”, http://arabstates.unwomen.org/en/news/ stories/2015/10/new-gender-equality-programme

870

Ibid.

871

Gender Concerns Internaitonal (2017) “The situation of women in Libya”, http://www.genderconcerns.org/country-in-focus/libya/thesituation-of-women-in-libya/

872

Castillejo, C. and Tilley, H. (2015) “The road to reform: women’s political voice in Morocco”, p. 31

873

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299

Make Every Woman Count

874

Amnesty International, (2015) “Egypt: ‘circles of hell’ – domestic, public and state violence against women in Egypt” p. 8 MEWC (2014) “Mauritania: presidential elections 2014”, http://www.makeeverywomancount.org/index.php/tools/political-participationa-election-monitroing/2014-elections-monitoring/7797-mauritania-presidential-elections-2014-1

875

Racelma, K. (2014) “Slow but steady walk to democracy”, Africa Renewal, https://www.un-ilibrary.org/content/journals/25179829/28/1/4

876

UN Women (2015) “Libyan women forge agenda for peace”, http://www.unwomen.org/en/news/stories/2015/11/libyan-women-forgeagenda-for-peace

877

878

Zambia Constitution (Amendment) No. 2 2016, p. 7, http://www.parliament.gov.zm/sites/default/files/documents/amendment_act/ Constitution%20of%20Zambia%20%20%28Amendment%29%2C%202016-Act%20No.%202_0.pdf

Botswana’s Constitution 1966, Article 15, https://www.constituteproject.org/constitution/Botswana_2016.pdf?lang=en; Lesotho’s Constitution 1993, Section 18, https://www.constituteproject.org/constitution/Lesotho_2018.pdf?lang=en; Malawi’s Constitution 1994, Section 20, https:// www.constituteproject.org/constitution/Malawi_2017.pdf?lang=en; Mozambique’s Constitution 2004, Articles 36 and 39, http://constituteproject.org/constitution/Mozambique_2007.pdf?lang=en

879

Zimbabwe’s Constitution 2013, Section 17, https://www.constituteproject.org/constitution/Zimbabwe_2013.pdf

880

Ibid., Section 120 and 124

881

Zimbabwe’s Constitution Amendment (No. 2) Bill, H.B. 23, 2019, https://www.parlzim.gov.zw/component/k2/the-constitution-ofzimbabwe-amendment-no-2-bill-h-b-23-2019

882

SAPST (2020) “Bill Summary: Constitution of Zimbabwe Amendment (No. 2) Bill [H.B. 23, 2019]”, http://kubatana.net/2020/02/12/billsummary-constitution-of-zimbabwe-amendment-no-2-bill-h-b-23-2019/

883

HRW, “Eswatini”, https://www.hrw.org/world-report/2020/country-chapters/eswatini-formerly-swaziland; IPU (2020) “Eswatini, House of Assembly”, https://data.ipu.org/content/eswatini?chamber_id=13536

884

U.S. Department of State (2020) “2019 country reports on human rights practices: Angola”, p. 15, https://www.state.gov/wp-content/ uploads/2020/02/ANGOLA-2019-HUMAN-RIGHTS-REPORT.pdf

885

OHCHR (2019) “Committee on the Elimination of Discrimination Against Women considers Angola’s report”, https://www.ohchr.org/en/ NewsEvents/Pages/DisplayNews.aspx?NewsID=24225&LangID=E

886

Lesotho’s Constitution 1993, Section 18(1)(c), https://www.constituteproject.org/constitution/Lesotho_2018.pdf?lang=en

887

Kingdom of Lesotho (2018) “Combined second to eighth periodic report under the African Charter on Human and Peoples’ Rights and initial report under the Protocol to the African Charter on the Rights of Women in Africa”, p. 136; Southern Africa Litigation Center (2019) “Lesotho’s 3rd Universal Periodic Review 35th Session (Jan-Feb 2020)”, https://www.southernafricalitigationcentre. org/2019/07/03/salc-shadow-report-lesothos-3rd-universal-periodic-review-35th-session-jan-feb-2020/

888

LII, “Women and justice – Lesotho”, https://www.law.cornell.edu/women-and-justice/location/lesotho; Senate Gabasheane Masupha v Senior Resident Magistrate of the Subordinate Court of Berea (Mr. Kolobe) and Others (Constitutional Case No.5/2010) [2013] LSHC 9 (03 May 2013), https://lesotholii.org/node/8160

889

890 891

International IDEA, “Gender Quotas Database: Botswana”, https://www.idea.int/data-tools/data/gender-quotas/country-view/71/35

International IDEA, “Gender Quotas Database: Malawi”, https://www.idea.int/data-tools/data/gender-quotas/country-view/219/35 SADC Gender Protocol 2011, p. 64, https://www.sadc.int/files/3113/5435/5263/SADCGenderBarometer_2011.pdf; International IDEA, “Gender Quotas Database: Mozambique”, https://www.idea.int/data-tools/data/gender-quotas/country-view/222/35

892

EISA (2009) “Namibia: women’s representation quotas”, accessed 19 August 2020, https://www.eisa.org.za/wep/namquotas.htm

893

International IDEA, “Gender Quotas Database: South Africa”, https://www.idea.int/data-tools/data/gender-quotas/country-view/310/35

894

International IDEA, “Gender Quotas Database: Mozambique”, https://www.idea.int/data-tools/data/gender-quotas/countryview/222/35; International IDEA, “Gender Quotas Database: Botswana”, https://www.idea.int/data-tools/data/gender-quotas/countryview/71/35; International IDEA, “Gender Quotas Database: Malawi”, https://www.idea.int/data-tools/data/gender-quotas/countryview/219/35

895

SADC Gender Barometer 2010, p. 50, https://www.sadc.int/files/4913/5435/5233/SADCGenderBarometer_2010.pdf

896 897

Institute for Democracy and Electoral Assistance (2020), “Gender Quotas Database” https://www.idea.int/data-tools/data/genderquotas Wang, V. and Muriaas, R.L. (2019) “Candidate selection and informal soft quotas for women: gender imbalance in political recruitment in Zambia”, https://www.tandfonline.com/doi/abs/10.1080/21565503.2018.1564056

898

National Assembly Election (Amendment) Act No. 14 of 2011, Section 47(2); Lesotho Council of NGOs (2015) “The status of women in Lesotho”, p. 22, www.lcn.org.ls/Resource/The%20Status%20of%20Women%20in%20Lesotho.pdf

899

Lesotho’s National Strategic Development Plan 2012/13 –2016/17, p. 8, www.africanbondmarkets.org/fileadmin/uploads/afdb/Countries/ Lesotho/Lesotho_Min_Finances/Lesotho_Nat.Strat_Dvpt_Plan-2013-17.pdf

900

901

IPU (2020) “Zimbabwe National Assembly”, https://data.ipu.org/node/193/data-on-women?chamber_id=13560 Ibid.

902

Lei No 22/10 de 3 decembro 2010, Lei dos partidos políticos, Section 20(2)(m), http://aceproject.org/ero-en/regions/africa/AO/angolalaw-on-political-parties-22-10-3-december

903

SADC Gender and Development Monitor 2016, p. 18

904

IPU, “Women in national parliaments”, http://archive.ipu.org/wmn-e/classif.htm

905

IPU (2020), “Zambia National Assembly”, https://data.ipu.org/node/192/data-on-women?chamber_id=13559

906

The Namibian, “Maputo Protocol Discussion in NA”, 2019, www.namibian.com.na/189276/archive-read/Maputo-Protocol-discussed-inNA

907

IPU, “Namibia National Assembly”, https://data.ipu.org/node/118/data-on-women?chamber_id=13470

908

Hopwood, G. (2019) “An interesting election in Namibia, at last”, African Arguments, https://africanarguments.org/2019/11/21/aninteresting-election-in-namibia-at-last/

909

Ibid.

910

300

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AWD Report 2020

AU et al. (2017) “Women’s rights in Africa”, p. 40, https://au.int/sites/default/files/newsevents/workingdocuments/32590-wdwomensrightsinafrica_singlepages-1.pdf

911

Eswatini’s Constitution 2005, Article 44

912

UN Human Rights Commission (2019) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Lesotho”, p. 6, https://undocs.org/A/HRC/WG.6/35/LSO/1

913

MCB (2019) “Malawi adopts dual citizenship concept”, https://www.mbc.mw/index.php/component/k2/item/7431-malawi-adopts-dualcitizenship-concept

914

SIGI, “Eswatini 2019”, p. 10, https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/SZ.pdf

915

IPU, “South Africa”, https://data.ipu.org/node/159/data-on-women?chamber_id=13311; IPU, “Namibia National Assembly”, https://data. ipu.org/node/118/data-on-women?chamber_id=13470; IPU, “Zimbabwe Senate”, https://data.ipu.org/content/zimbabwe?chamber_ id=13561

916

IPU, “Women in national parliaments: 31 January 2010 archives”, http://archive.ipu.org/wmn-e/arc/classif310110.htm

917

IPU, “Eswatini House of Assembly”, https://data.ipu.org/content/eswatini?chamber_id=13536

918

IPU, “Women in parliament in 2018: the year in review”, https://www.iknowpolitics.org/sites/default/files/en_-_women_in_ parliament_5mar_4_1.pdf

919

920

International IDEA, “Gender Quotas Database: South Africa”, https://www.idea.int/data-tools/data/gender-quotas/country-view/310/35

IPU, “South Africa”, https://data.ipu.org/node/159/data-on-women?chamber_id=13311

921

SADC Gender Protocol Alliance (2019) “State of women in SADC 2019”, https://genderlinks.org.za/wp-content/uploads/2019/08/ StateOfWomenSADC2019rev2.pdf

922

Ibid., p. 6

923

924

Republic of Angola (2014) “Rapport de la mise en œuvre de la plateforme d’actions de Beijing – Beijing +20”, p. 6; CEDAW (2017) “Fourth periodic report submitted by Botswana under article 18 of the Convention, due in 2014”, p. 13 sq.; WLSA-Malawi and Faculty of Law, Chancellor College, University of Malawi for Malawi CSOs (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”, https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/MWI/INT_CEDAW_NGO_MWI_21948_E.pdf; Republic of Mozambique (2017) “Avaliação e revisão da política de género e estratégia de sua implementação em Moçambique relatório final”, p. 38, http://forumulher.org.mz/wp-content/uploads/2018/09/FINAL-Relatório-de-Avaliação-Final-Versao-08.08.2018.pdf WLSA-Malawi and Faculty of Law, Chancellor College, University of Malawi for Malawi CSOs (2015) “Joint CEDAW Malawi civil society organisations shadow report 2015”

925

Republic of Mozambique (2017) “Avaliação e revisão da política de género e estratégia de sua implementação em Moçambique relatório final”, p. 38, http://forumulher.org.mz/wp-content/uploads/2018/09/FINAL-Relatório-de-Avaliação-Final-Versao-08.08.2018. pdf.

926

SADC Gender Protocol Alliance (2019) “State of women in SADC 2019”, https://genderlinks.org.za/wp-content/uploads/2019/08/ StateOfWomenSADC2019rev2.pdf

927

SADC Gender and Development Monitor 2016, p .24

928

SADC (2009) “SADC Framework for Achieving Gender Parity in Political and Decision Making Positions by 2015”, p. 8, https://www. sadc.int/files/3813/5435/8903/FINAL-_SADC_Framework_for_Achieving_Gender_Parity_in_Political_and_Decision_Making_Positions_ by_2015.pdf

929

CEDAW (2014) “Consideration of reports submitted by States parties under article 18 of the Convention – seventh periodic report of States parties due in 2014: Malawi”, p. 9

930

Freedom House (2019) “Freedom in the world 2019 – Malawi”, https://freedomhouse.org/country/malawi/freedom-world/2019

931

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 15

932

Swaziland Government Gazette (2018) “The elections of women members to the House of Assembly Act, 2018”, https://aceproject.org/ ero-en/regions/africa/SZ/election-of-women-act/at_download/file

933

IPU, “Eswatini House of Assembly” https://data.ipu.org/content/eswatini?chamber_id=13536

934

Ibid.

935

SADC Gender and Development Monitor 2018, p. 30, https://www.sardc.net/books/BI/SGDM_2018.pdf

936

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 15

937

SADC Gender and Development Monitor 2016

938

Ibid.

939

SADC Gender Protocol Alliance (2019) “State of women in SADC 2019 report”, p. 17, https://genderlinks.org.za/wp-content/ uploads/2019/08/StateOfWomenSADC2019rev2.pdf

940

941

SADC Gender and Development Monitor 2016, p. 27 SADC Gender and Development Monitor 2016, p. 27; SADC Gender Protocol 2018 Barometer, p. 86

942

SADC Gender and Development Monitor 2016, p. 27

943

CEDAW (2014) “Consideration of reports submitted by States parties under article 18 of the Convention – seventh periodic report of States parties due in 2014: Malawi”, p. 13

944

Niger Constitution 2017, https://www.constituteproject.org/constitution/Niger_2017.pdf?lang=en

945

Freedom House (2020) “Freedom in the world 2020 – Nigeria”, https://freedomhouse.org/country/nigeria/freedom-world/2020

946

Republic of Nigeria (2019) “National Beijing+25 review”, https://uneca.org/sites/default/files/Gender/Beijing25/nigeria-beijing25_report. pdf

947

Guinea Constitution 2019, https://constitutionnet.org/regioncountry/guinea

948

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1 UN Women (2016) “Signaling a boost for gender equality, Liberia passes the ‘Affirmative Action Bill’”, https://www.unwomen.org/ en/news/stories/2016/10/liberia-passes-the-affirmative-action-bill

949

950

No. 2018-22 du 04 juillet 2018 portant révision du Code electoral, https://www.sec.gouv.sn/loi-n%C2%B0-2018-22-du-04juillet-2018-portant-r%C3%A9vision-du-code-%C3%A9lectoral https://www.sec.gouv.sn/loi-n°-2018-22-du-04-juillet-2018-portantrévision-du-code-électoral Senegal’s Loi

Republic of Benin, “Résultats de recherche code électoral’’, https://sgg.gouv.bj/ recherche/?type=tout&begin=&end=&keywords=code+%C3%A9lectoral

951

Bonkoungou, S. (2020) “Burkina Faso: Loi sur le quota genre – des bonus garantis aux conformistes’’, All Africa, https://fr.allafrica.com/ stories/202001230431.html

952

Côte d’Ivoire’s Loi favorisant la représentation de la femme dans les assemblées élues, http://www.assnat.ci/assembleenationale/?loifavorisant-la-representation-de-la-femme-dans-les-assemblees-elues

953

“Projeto de Lei da Paridade’’, 2019 https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/CPV/INT_CCPR_ARL_ CPV_37522_O.pdf

954

UN Women (2019) “Guinea adopts Law on Parity, securing equal representation of women on electoral lists”, https://www.unwomen. org/en/news/stories/2019/5/news-guinea-adopts-law-on-parity

955

Mali Loi No. 2015-052/ du 18 decembre 2015 instituant des mesures pour promouvoir le genre dans l’acces aux fonctions nominatives et electives. Note that quotas are only for the single/lower house and are adopted by political parties. See International IDEA, “Gender Quota Database: Mali”, https://www.idea.int/data-tools/data/gender-quotas/country-view/208/35

956

Republic of Niger (2014) “Rapport d’examen de Beijing plus 20 pour le Niger”, https://archive.uneca.org/sites/default/files/uploadeddocuments/Beijing20/NationalReviews/niger_beijing_review_report.pdf; UF, “Gender quotas and representation: Niger”, https://tsep. africa.ufl.edu/gender-quotas-and-representation/niger/

957

Republic of Mali (2015) “Rapport du Mali”, https://archive.uneca.org/sites/default/files/uploaded-documents/Beijing20/NationalReviews/ mali_beijing_review_report.pdf

958

MEWC (2018) “African Women’s Decade 2010-2020: women’s participation in decision-making & leadership”

959

Republic of Nigeria (2019) “National Beijing+25 review”, https://uneca.org/sites/default/files/Gender/Beijing25/nigeria-beijing25_report. pdf

960

Republic of Togo (2014) “Rapport national du Togo sur la mise en oeuvre de la Déclaration et du Programme d’Actions”, https://archive. uneca.org/sites/default/files/uploaded-documents/Beijing20/NationalReviews/natl_review_togo_-_fre.pdf

961

CGTN Africa (2019) “Woman elected head of Togo’s National Assembly for the first time”, https://africa.cgtn.com/2019/01/24/womanelected-head-of-togos-national-assembly-for-the-first-time/

962

IPU, “Women in national parliaments”, https://data.ipu.org/women-ranking?month=1&year=2020

963

SIGI, “Liberia, 2019”

964

SIGI, “Sierra Leone, 2019”

965

Gambia Women’s Act 2010

966

Gambia Draft Constitution 2019, https://www.constituteproject.org/constitution/Gambia_2019D.pdf?lang=en

967

Gambia Gender and Women Empowerment Policy 2010–2020

968

Gambia Women’s Act 2010

969 970 971

Republic of Benin (2019) “Examen national approfondi sur la mise en œuvre du programme d’action de Beijing au Bénin’’, p. 43

Ghana National Gender Policy 2015, p. 29

972

Republic of Cabo Verde (2019) “Cabo Verde national report: Beijing+25 on the implementation of the Beijing Declaration and Platform for Action”, pp. 10–11

Republic of Burkina Faso (2019) “Rapport national Beijing+25”, p. 36

973 974

Republic of Guinea (2019) “Pour un processus de Plan National d’Adaptation (PNA) qui répond aux questions de genre en Guinée”, p. 13 IPU, “Women in national parliaments”, https://data.ipu.org/women-ranking?month=1&year=2020

975

SIGI, “Niger, 2019”

976

SIGI, “Nigeria, 2019”

977

978

979

UN Women (2015) “Preventing conflict, transforming justice, securing the peace”, https://www.peacewomen.org/sites/default/files/ UNW-GLOBAL-STUDY-1325-2015%20(1).pdf

Tapsoba, (A. 2020) “Burkina: une loi pour plus de femmes sur les listes électorales’’, Le Podcast Journal, https://www.podcastjournal. net/Burkina-une-loi-pour-plus-de-femmes-sur-les-listes-electorales_a27379.html IPU, “Guinea-Bissau – People’s National Assembly”, https://data.ipu.org/content/guinea-bissau?chamber_id=13410

980

Cabo Verde’s Resoluçao n°103/2018’

981

Republic of Ghana (2019) “Ghana’s report on Beijing+25”, p. 21

982

Ibid., p. 20

983

Senegal’s Loi n° 2010-11 du 28 mai 2010 instituant la parité absolue Homme-Femme”, Articles 1–2, http://www.jo.gouv.sn/spip. php?article8213;Decret No. 2011-819 du 16 juin 2011 portant application de la Loi instituant la Parité absolue Homme-Femme, http:// www.jo.gouv.sn/spip.php?article9160

984

Look, A. (2009) “Senegalese women aim for political role”, GlobalPost, https://www.pri.org/stories/2009-05-24/senegalese-women-aimpolitical-role

985

COSEF, “Présentation de l’organisation”, https://cosefsenegal.org/

986

AJS (2015) “La citoyenne”, p. 4, http://femmesjuristes.org/wp-content/uploads/2020/02/LA-CITOYENNE_PARITE..pdf

987

Ibid.

988

International IDEA, “Gender Quota Database: Senegal”, https://www.idea.int/data-tools/data/gender-quotas/country-view/269/35

989

302

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AWD Report 2020

UN Women (2012) “Following elections, proportion of Senegal’s female parliamentarians almost doubles”, https://www.unwomen.org/ en/news/stories/2012/7/following-elections-proportion-of-senegal-s-female-parliamentarians-almost-doubles

990

IPU, “Senegal National Assembly: data on women”, https://data.ipu.org/node/150/data-on-women?chamber_id=13522

991

Ibid.

992

IPU, “Women in national parliaments”, https://data.ipu.org/women-ranking?month=10&year=2020

993

COSEF, “Présentation de l’organisation”, https://cosefsenegal.org/

994

UN Women (2015) “Women’s Situation Rooms boost peaceful voting in Africa”, https://www.unwomen.org/en/news/stories/2015/10/ womens-situation-rooms-boost-peaceful-voting-in-africa

995

Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/ conflict-trends/womens-situation-room-africa/

996

IPU (2016) “Sexism, harassment and violence against women parliamentarians”, Issues Brief, p. 3, https://www.ipu.org/resources/ publications/issue-briefs/2016-10/sexism-harassment-and-violence-against-women-parliamentarians

997

Ibid.

998

Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/ conflict-trends/womens-situation-room-africa/

999

1000

UN Human Rights Council (2019) “Report of the Commission of Inquiry on Burundi*, **”, pp. 1, 9, https://undocs.org/en/A/HRC/42/49

1001

1002

Ibid.

1003

UNSCR 1325, https://peacemaker.un.org/sites/peacemaker.un.org/files/SC_ResolutionWomenPeaceSecurity_ SRES1325%282000%29%28english_0.pdf

1004

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, https://au.int/sites/default/files/ treaties/37077-treaty-charter_on_rights_of_women_in_africa.pdf

1005

ABIC (2021) “WSR”, https://angiebrooksintlcentre.org/wsr/

1006 1007

Godia, J. (2015) “Women’s Situation Room: Africa’s unique approach to reducing electoral violence”, www.un.org/africarenewal/ magazine/april-2015/women%E2%80%99s-situation-room-africa%E2%80%99s-unique-approach-reducing-electoral-violence; ABIC (2020) “Our staff: Yvette CHESSON-GIBSON, Esq.”, https://angiebrooksintlcentre.org/about-us/staff/ ABIC (2020) “Our staff: Yvette CHESSON-GIBSON, Esq.”, https://angiebrooksintlcentre.org/about-us/staff/

1008

Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/ conflict-trends/womens-situation-room-africa/

1009

ABIC (2021) “WSR”, https://angiebrooksintlcentre.org/wsr/

1010

Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/ conflict-trends/womens-situation-room-africa/; “ABIC (2021) “WSR”, https://angiebrooksintlcentre.org/wsr/

1011

1012

Godia, J. (2015) “Women’s Situation Room: Africa’s unique approach to reducing electoral violence”, www.un.org/africarenewal/ magazine/april-2015/women%E2%80%99s-situation-room-africa%E2%80%99s-unique-approach-reducing-electoral-violence; Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/conflicttrends/womens-situation-room-africa/

ABIC (2021) “WSR”, https://angiebrooksintlcentre.org/wsr/

1013

ABIC (2020) “Our staff: Yvette CHESSON-GIBSON, Esq.”, https://angiebrooksintlcentre.org/about-us/staff/

1014

ABIC (2021) “WSR: Senegal 2012”, https://angiebrooksintlcentre.org/wsr/senegal-2012/

1015

UN Women (2016) “Women’s Situation Room to contribute to the electoral process in Uganda”, https://www.unwomen.org/en/news/ stories/2016/2/uganda-womens-situation-room

1016

UN Women (2015) “Women’s Situation Rooms boost peaceful voting in Africa”, https://www.unwomen.org/en/news/stories/2015/10/ womens-situation-rooms-boost-peaceful-voting-in-africa

1017

1018

ABIC (2021) “WSR: Kenya 2013”, https://angiebrooksintlcentre.org/wsr/kenya-2013/

GIMAC (2012) “Gender is my Agenda Campaign (GIMAC) Handbook”, http://www.genderismyagenda.com/old/links/33/HandBook_ GIMAC.pdf

1019

1020

1021

Limo, I. (2016) “The Women’s Situation Room in Africa: an initiative for peaceful and inclusive elections”, https://www.accord.org.za/ conflict-trends/womens-situation-room-africa/

Ibid. Ibid.

1022

IHME (2020) “Findings from the global burden of disease study 2019”, http://www.healthdata.org/gbd/data-visualizations

1023

1024

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003 AU (2009) “The African Women’s Decade, Theme: Grassroots Approach to Gender Equality and Women’s Empowerment (GEWE)” , p. 4

1025

AUC (2013) “Declaration on Ending Preventable Child and Maternal Deaths in Africa”, Assembly/AU/Decl.2(XXIII)

1026 1027

AU (2020) “Campaign for Accelerated Reduction of Maternal Mortality in Africa (CARMMA) 2009-2019”, Press Release AU (2014) “CARMMA launches African Health Stats”, http://carmma.org/update/carmma-launches-ahs

1028 1029

Ibid. Maputo Plan of Action 2016–2030 – Draft, https://au.int/sites/default/files/documents/24099-poa_5-_revised_clean.pdf

1030 1031

Maputo Plan of Action 2016–2030 – Draft, https://au.int/sites/default/files/documents/24099-poa_5-_revised_clean.pdf

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303

Make Every Woman Count

WHO Global Health Expenditures Database, https://apps.who.int/nha/database/ViewData/Indicators/en

1032

2 AU, “Africa’s leaders gather to launch new health financing initiative aimed at closing funding gap and achieving universal health coverage”, 2019, https://au.int/pt/node/35786

1033

WHO (2016) “Health workforce requirements for universal health coverage and the Sustainable Development Goals”

1034

Ibid.

1035

Afriyie, D.O. et al. (2019) “The state of strategic plans for the health workforce in Africa”, https://gh.bmj.com/content/4/Suppl_9/e001115

1036 1037

Boniol, M. et al. (2019) “Gender equity in the health workforce: analysis of 104 countries”, WHO Working Paper Ibid.

1038 1039

ILO (2018) “ILO calls for urgent action to prevent looming global care practice”, https://www.ilo.org/africa/media-centre/pr/ WCMS_633460/lang--en/index.htm Mbondji, P. E. et al. (2014) “Health information systems in Africa: descriptive analysis of data sources, information products and health statistics”

1040

Nyaaba, G. N. et al. (2017) “Tracing Africa’s progress towards implementing the Non-Communicable Diseases Global action plan 2013–2020: a synthesis of WHO country profile reports”

1041

Open Data Watch (2019) “Bridging the gap: mapping gender data availability in Africa”,p. 6.

1042

Ibid, p.3

1043

Duermeijer, C. et al. (2018) “Africa generates less than 1% of the world’s research; data analytics can change that”, https://www.elsevier. com/connect/africa-generates-less-than-1-of-the-worlds-research-data-analytics-can-change-that

1044

WHO, “Africa’s women in science”, https://www.who.int/tdr/research/gender/Women_overview_piece.pdf?ua=1

1045

Sudan Constitution 2019, https://www.constituteproject.org/constitution/Sudan_2019?lang=en

1046

Kenya Constitution 2010, https://www.constituteproject.org/constitution/Kenya_2010?lang=en

1047

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995, Rapport Beijing +25”, p. 11

1048

Republic of Togo (2019) “Vingt-cinquième anniversaire de la quatrième conférence mondiale sur les femmes et de l’adoption de la Déclaration et du Programme d’action de Beijing (1995)”

1049

Gambia Women’s Act 2010

1050

Hitayezu, C. (2020) “Rwanda to release 50 women jailed for having abortions”, The Guardian, https://www.theguardian.com/globaldevelopment/2020/may/21/rwanda-to-release-50-women-jailed-for-having-abortions

1051

AP (2019) “Rwanda’s president pardons 52 women jailed over abortions”, https://apnews.com/682fdb65db134c40ac3579cff7486be7

1052

Côte d’Ivoire Loi n°2019-574 portant Code pénal

1053

UNFPA (2017) “Santé et droits sexuels et de la procréation des adolescent.e.s au Mali, http://equipop.org/publications/Rapport%20 -ados-Mali-UNFPA.pdf

1054

SIGI, “Niger, 2019”

1055

Republic of Sierra Leone 2019 “National report on the Beijing Platform for Action (1995) and the outcome of the Twenty-Third Special Session of the General Assembly (2000)”

1056

Chae, S. and Woog, V. (2016) ‘‘Obstacles à la pratique contraceptive des femmes au Bénin’’, https://www.guttmacher.org/fr/report/ obstacles-la-pratique-contraceptive-des-femmes-au-benin#

1057

Ghana Reproductive Health Commodity Security Strategy 2011–2016

1058

Republic of Guinea (2018) ‘‘Feuille de route: intégration de l’éducation complète à la sexualité dans les curricula d’enseignement et de programmes de formation en Guinée’’

1059

Republic of Cabo Verde (2019) “Cabo Verde national report: Beijing+25 on the implementation of the Beijing Declaration and Platform for Action”, p. 29

1060

UNFPA, “Fact sheet: family planning”, https://tanzania.unfpa.org/sites/default/files/pub-pdf/familyplanning_A5_13nov_highres.pdf

1061

UNAIDS, “90-90-90: treatment for all”, https://www.unaids.org/en/resources/909090

1062

IOM (2018) “IOM supports UNAIDS ‘Right to Health’ campaign in South Sudan”, https://www.iom.int/news/iom-supports-unaids-righthealth-campaign-south-sudan

1063

Burkina Faso (2019) “Rapport national Beijing +25” pp. 32, 41

1064

Gabon Constitution 2011, Article 1(8), https://www.constituteproject.org/constitution/Gabon_2011.pdf?lang=en

1065

PRB (2020) “Expanding access to safe abortion in the Democratic Republic of Congo”, https://www.prb.org/expanding-access-to-safeabortion-in-the-democratic-republic-of-congo/; Journal Officiel 2018, https://abortion-policies.srhr.org/documents/countries/08-DRCAct-of-Access-to-Maputo-Protocol-2018.pdf#page=37%20%2009-DRC-Constitution-2011.pdf#page=74

1066

1067

Code pénal congolais 1940, Articles 165–166, https://abortion-policies.srhr.org/documents/countries/01-Democratic-Republic-of-theCongo-Penal-Code-2004.pdf#page=45 WHO Global Abortion Policies Database “Country profile: Democratic Republic of Congo”, https://abortion-policies.srhr.org/country/ democratic-republic-of-congo/

1068

Family Planning (2020) “Chad commitment maker since 2017”, https://www.familyplanning2020.org/chad; Présidence de la Republic du Tchad, https://www.presidence.td/fr-comcons-3305.html

1069

1070

1071

Chad’s Loi 006/PR/2002 portant promotion de la santé de reproduction, https://www.ilo.org/aids/legislation/WCMS_140821/lang--fr/ index.htm

Burundi’s Loi N1/13 du 22 Septembre 2016 portant prévention, protection des victimes et répression des violence basée sur le genre, Article 7, https://assemblee.bi/IMG/pdf/loi%20du%2022%20sept%202016.pdf

1072

AFP (2019) “DRC passes new public health law with provisions for family planning”, https://www.advancefamilyplanning.org/drcpasses-new-public-health-law-provisions-family-planning

304

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AWD Report 2020

Bulletin of the WHO (2013) “Gabon gets everyone under one social health insurance roof”, https://www.who.int/bulletin/ volumes/91/5/13-020513/en/

1073

1074

Human Rights Committee (2019) “List of issues in the absence of the initial report of Equatorial Guinea Addendum Replies of Equatorial Guinea to the list of issues”, p. 9 Central African Republic (2019) “Examen volontaire sur la mise en œuvre des objectifs du développement durable 2019”, p. 27, https:// sustainabledevelopment.un.org/content/documents/23414RAPPORT_VOLONTAIRE_DE_SUIVI_ODD_RCA_FINAL_SIGNATURE_ MINISTRE_003.pdf

1075

Chad’s Code pénal 2017, Article 358, https://www.droit-afrique.com/uploads/Tchad-Code-penal-2017.pdf

1076

Chad’s Loi 006/PR/2002 portant promotion de la sante de reproduction, Article 14, https://www.ilo.org/aids/legislation/WCMS_140821/ lang--fr/index.htm

1077

1078 1079

Central African Republic’s Loi 10.001 2010 portant Code pénal centrafricain, Article 79, p. 9

Gabon’s Code penal, Loi n°042/2018 du 05 juillet 2019, Article 377, HIV Justice Network, https://www.hivjustice.net/country/st/

1080 1081

Congo Republic’s Loi 30-2011 du 3 juin 2011 portant lutte contre le VIH et le SIDA et protection des droits des personnes vivant avec le VIH, https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=88174 CARMMA, “Country scorecards’”, http://carmma.org/scorecards

1082

Gabon’s Stratégie Nationale de Lutte contre les Fistules Obstétricales au Gabon 2013–2017, pp. 21–24

1083

Burundi’s Plan Stratégique National de la Santé de la Réproduction, Maternelle, Neonatale, Infantile et des Adolescents 2019–2023, p. 38

1084

Chad’s Politique Nationale de Santé 2016–2030, pp. 33–34

1085

Republic of Chad (2019) “Rapport national d’évaluation des vingt cinq (25) ans de mise en œuvre de la Déclaration et du Programme d’Action de Beijing”, pp. 31–32

1086

1087

Human Rights Council (2020) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Sao Tome and Principe”, p. 11, https://undocs.org/A/HRC/WG.6/37/STP/1; UNFPA (2019) “Key results of Sao Tome and Principe in 2019”, https://www.unfpa.org/data/transparency-portal/unfpa-sao-tome-principe Human Rights Committee (2019) “List of issues in the absence of the initial report of Equatorial Guinea. Addendum: replies of Equatorial Guinea to the list of issues”, p. 9, https://undocs.org/en/CCPR/C/GNQ/Q/1/Add.1

1088

SWEDD, http://www.projetswedd.org/country/tchad/

1089

Cameroon’s Plan Stratégique National de Lutte contre le VIH, le Sida et les IST 2014—2017, https://www.childrenandaids.org/sites/ default/files/2017-11/PSN_2014_2017_CAMEROUN.pdf

1090

Ibid., p. 9

1091

Committee on the Elimination of Discrimination Against Women (2018) “Concluding observations on the seventh periodic report of the Congo”, p. 11, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/COG/CO/7&Lang=En

1092

UNAIDS (2015) “Accelerating the HIV response in Equatorial Guinea”, https://www.unaids.org/en/resources/presscentre/ featurestories/2015/november/20151127_equatorialguinea

1093

UNAIDS (2019) “UNAIDS data 2019”, p. 109, https://www.unaids.org/sites/default/files/media_asset/2019-UNAIDS-data_en.pdf

1094

UNAIDS HIV Prevention 2020 Road Map, https://www.unaids.org/sites/default/files/media_asset/hiv-prevention-2020-road-map_en.pdf

1095

UNAIDS (2020) “Fast-track cities”, https://www.unaids.org/en/cities

1096

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing + 25”, pp. 16–17

1097

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing, p. 25

1098

Ibid., pp. 16–17

1099

UNAIDS (2017) “Reaching out: HIV awareness campaigns at high schools in Gabon”, https://www.unaids.org/en/resources/presscentre/ featurestories/2017/february/20170206_gabon

1100

Nzau, J. et al. (2019) “Catalysing change for reproductive health in Chad through a multi-stakeholder coalition”, https://www. tandfonline.com/doi/full/10.1080/26410397.2019.1626185

1101

1102

1103

OHCHR (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, pp. 11–12

WHO (2021) “Global Abortion Policies Database: Congo Republic”, https://abortion-policies.srhr.org/country/congo/ Chad’s Code pénal 2017, Article 358, https://www.droit-afrique.com/uploads/Tchad-Code-penal-2017.pdf

1104

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 6

1105

Human Rights Committee (2019) “Concluding observations on Equatorial Guinea in the absence of its initial report*”, pp. 6–7

1106

PRB (2019) “Expanding access to safe abortion in the DRC: clarifications to the law”, https://www.prb.org/wp-content/uploads/2019/04/ SAFE-ENGAGE-DRC-Legal-Fact-Sheet.pdf

1107

1108

Burundi’s Penal Code, Loi 1/27 du 29 décembre 2017, Articles 528–533 Committee on the Elimination of Discrimination Against Women (2016) “Concluding observations on the combined fifth and sixth periodic reports of Burundi*”, p. 12

1109

Committee on the Elimination of Discrimination Against Women (2015) “Concluding observations on the sixth periodic report of Gabon*”, p. 10

1110

1111

Human Rights Committee (2019) “Concluding observations on Equatorial Guinea in the absence of its initial report*”, pp. 6–7

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305

Make Every Woman Count

1112

Republic of Burundi (2020) “Rapport de l’examen national volontaire sur la mise en œuvre des Objectifs De developpement durable au Burundi”, p. 53 https://sustainabledevelopment.un.org/content/documents/26316RAPPORTDELAMISEENOEUVREDESODDsAUBURUNDI. pdf

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 11

1113

1114

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 12, https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/38/46/Add.2 Burundi Enquête Démographique et de Santé au Burundi de 2016–2017, p. 16, https://dhsprogram.com/pubs/pdf/SR247/SR247.pdf

1115

1116

1117

Human Rights Council (2018) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 12

1118

WHO (2021) “Sexual and reproductive health”, https://www.who.int/teams/sexual-and-reproductive-health-and-research

Cameroon Enquête Démographique et de Santé, pp. 174–175, https://dhsprogram.com/pubs/pdf/FR360/FR360.pdf

1119

Central African Republic (2019) “Examen volontaire sur la mise en œuvre des objectifs du développement durable 2019”, p. 26

1120

Constitute Project, https://www.constituteproject.org/?lang=en

1121

Mulumba, M. (2020) “Ugandan court decision enshrines access to basic maternal health care as a right”, https://blog.petrieflom.law. harvard.edu/2020/08/26/uganda-maternal-health-care-right/

1122

Eritrea Constitution 1997, https://www.constituteproject.org/constitution/Eritrea_1997.pdf?lang=en

1123

Ibid.

1124

Ethiopia Constitution 1994, https://www.constituteproject.org/constitution/Ethiopia_1994.pdf?lang=en

1125

Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 33

1126

UNFPA, “Fact sheet: family planning”, https://tanzania.unfpa.org/sites/default/files/pub-pdf/familyplanning_A5_13nov_highres.pdf

1127

UN Women (2019) “Seychelles: National Comprehensive Review 2019”, p. 4, https://www.unwomen.org/-/media/headquarters/ attachments/sections/csw/64/national-reviews/seychelles.pdf?la=en&vs=4554

1128

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 9, https://www.unwomen.org/-/media/headquarters/attachments/sections/csw/64/national-reviews/south%20sudan.pdf?la=en&vs=5535

1129

UNHRC, “Women’s rights in Africa”, p. 24, www.ohchr.org/Documents/Issues/Women/WRGS/WomensRightsinAfrica_singlepages.pdf

1130

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action”

1131

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”

1132

U.S. State Department (2014) “Madagascar 2014 human rights report”, p. 18

1133

Open Democracy (2020) “Top Ugandan health official condemns US-linked ‘pregnancy crisis centres’ for opposing contraception”, www.opendemocracy.net/en/5050/top-ugandan-health-official-condemns-us-linked-crisis-centres-for-opposing-contraception-forpregnant-teens/

1134

World Bank, “Contraceptive prevalence, any methods (% of women ages 15-49) – Rwanda”, https://data.worldbank.org/indicator/ SP.DYN.CONU.ZS?locations=RW

1135

World Bank, “Women making their own informed decisions regarding sexual relations, contraceptive use and reproductive health care (% of women age 15-49) – Rwanda”, https://data.worldbank.org/indicator/SG.DMK.SRCR.FN.ZS?locations=RW

1136

World Bank, “Maternal mortality ratio (national estimate, per 100,000 lives births) – Rwanda”, https://data.worldbank.org/indicator/ SH.STA.MMRT.NE?locations=RW

1137

PRB (2015) “Rwanda’s success in improving maternal health”, https://www.prb.org/rwanda-maternal-health/

1138

World Bank “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Somalia”, https://data.worldbank.org/indicator/ SH.STA.MMRT?locations=SO

1139

Bwana, V. et al. (2019) “Patterns and causes of hospital maternal mortality in Tanzania: A 10-year retrospective analysis”, https:// journals.plos.org/plosone/article?id=10.1371/journal.pone.0214807

1140

1141

1142

1143

Bhalla, N. (2020) “Ugandan medics deploy AI to stop women dying after childbirth”, Thomson Reuters Foundation, https://news.trust. org/item/20200131160316-lp5sv/

UNFPA (2014) “Final country programme document for the Comoros”, https://www.unfpa.org/sites/default/files/portal-document/ DP.FPA_.CPD_.COM_.6FinalcountryprogrammedocumentfortheComoros.pdf

1144

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, p. 10

Ibid.

1145 1146

1147

Republic of Kenya (2014) “Adolescent’s Package of Care in Kenya – a health care provider guide to adolescent care”, https://static1. squarespace.com/static/5a29b53af9a61e9d04a1cb10/t/5bedc983352f53c1f4dcd722/1542310282943/HCW+Training+-+Guideline_ Adolescent+package+of+care+in+Kenya.pdf

World Bank, “Prevalence of HIV, male (% ages 15-24) – Rwanda”, https://data.worldbank.org/indicator/SH.HIV.1524.MA.ZS?locations=RW WHO (2019) “Seychelles launches its third multi-sectorial National Strategic Plan for HIV, AIDS and Viral Hepatitis to guide interventions for the next five years”, https://www.afro.who.int/news/seychelles-launches-its-third-multi-sectorial-national-strategic-plan-hiv-aidsand-viral

1148

Ibid.

1149

306

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AWD Report 2020

UNAIDS (2015) “Progress report for Somali HIV and AIDS response 2014”, p. 6, https://www.unaids.org/sites/default/files/country/ documents/SOM_narrative_report_2015.pdf

1150

1151

U.S. State Department (2019) “Tanzania Country Operational Plan COP 2019 Strategic Direction Summary”, https://www.state.gov/wpcontent/uploads/2019/09/Tanzania_COP19-Strategic-directional-Summary_public.pdf

1152

Avert, “HIV and AIDS in Tanzania”, https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/tanzania

UNAIDS (2018) “Uganda”, https://www.unaids.org/en/regionscountries/countries/uganda

1153

WHO (2019) “Maternal mortality”, https://www.who.int/news-room/fact-sheets/detail/maternal-mortality

1154

UNDP and MoH (2014) “Health Millennium Development Goals report: innovations driving health MDGs in Eritrea’, p. 25

1155

Federal Democratic Republic of Ethiopia (2016) “Demographic and Health Survey”, https://dhsprogram.com/pubs/pdf/FR328/FR328.pdf

1156

UNAIDS (2019) “United Republic of Tanzania lowers age of consent for HIV testing”, https://www.unaids.org/en/resources/presscentre/ featurestories/2019/november/united-republic-of-tanzania-lowers-age-of-consent-for-hiv-testing

1157

Avert, “HIV and AIDS in Tanzania”, https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/tanzania

1158

U .S. State Department (2014) “Madagascar 2014 human rights report”, p. 18

1159

U.S. State Department (2015) “Madagascar 2015 human rights report”, p. 18

1160

U.S. State Department (2016) “Kenya 2016 human rights report”, p. 38

1161

Federal Democratic Republic of Ethiopia (2016) “Demographic and Health Survey”, p. 168.

1162

The World Bank, “Births attended by skilled health staff (% of total) – Madagascar”, 2021, https://data.worldbank.org/indicator/SH.STA. BRTC.ZS?locations=MG

1163

UNICEF (2019) “Maternal mortality”, https://data.unicef.org/topic/maternal-health/maternal-mortality/

1164

UN Millennium Development Goals Indicators, “Maternal mortality ratio per 100,000 live births”, http://mdgs.un.org/unsd/mdg/ SeriesDetail.aspx?srid=553&crid=262

1165

U.S. State Department (2015) “Madagascar 2015 human rights report”, p. 18

1166 1167

UNFPA (2020) “Somalia needs to invest in midwifery now more than ever”, https://somalia.unfpa.org/en/news/somalia-needs-investmidwifery-now-more-ever UNICEF (2019) “National budget brief: South Sudan 2019”, p. 3, http://www.mofep-grss.org/wp-content/uploads/2019/09/UNICEFSouth-Sudan-National-Budget-Brief-2019.pdf

1168

Hylton, S. (2018) “The mothers and midwives behind South Sudan’s maternal mortality crisis”, https://www.iwmf.org/reporting/themothers-and-midwives-behind-south-sudans-maternal-mortality-crisis/

1169

Ibid.

1170

South Sudan National Action Plan 2015–2020 on UNSCR 1325 on Women, Peace and Security and Related Resolutions, pp. 21–22, https://gnwp.org/wp-content/uploads/SS-NAP-.pdf

1171

Libya Constitution 2014, https://www.constituteproject.org/constitution/Tunisia_2014?lang=en

1172

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

1173

Libya Draft Constitution 2016, https://www.constituteproject.org/constitution/Libya_2016D?lang=en

1174

Van Eerdewijk, A. et al. (2018) “The state of African women report”, p. 258

1175

People’s Democratic Republic of Algeria (2019) “National report on the implementation of the Beijing Platform for Action after 25 years (Beijing +25)”, p. 22

1176

Arab Republic of Egypt (n.d.) “National report on Beijing+20”, p. 24

1177

Women on Waves, “Abortion law Morocco”, https://www.womenonwaves.org/en/page/5007/abortion-law-morocco

1178

AUC (2012) “Africa cares: no woman should die while giving life”, www.who.int/pmnch/media/news/2012/20120327_regional_ frameworks_for_rmnch.pdf

1179

Ibid.

1180

Health Policy Project (2013) “Repositioning family planning in Mauritania: status of family planning programs in Mauritania”

1181

Arab Republic of Egypt (2019) “Report on the progress made in the implementation of the Beijing Platform for Action (from 2014 to March 2019)”, p. 28

1182

Libya (2019) “Libya national report – 2019 review – implementation of the Beijing Declaration and Plan of Action”, p. 24

1183

Van Eerdewijk et al. (2018) “The state of African women report”, p. 320

1184

Ibid., p. 319

1185

Center for Reproductive Rights, (2009), “Supplementary Information about Egypt scheduled for review during the 45thSession of the CEDAW Committee”, p.6

1186

Islamic Republic of Mauritania (2019) “Evaluation de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing: rapport national Beijing +25”, p. 28

1187

Van Eerdewijk et al. (2018) “The state of African women report”, p. 259

1188

Angola Constitution 2010, Article 21, https://www.constituteproject.org/constitution/Angola_2010.pdf?lang=en

1189

Zimbabwe Constitution (Amendment) Act, 2013, Articles 76(1) and 52(b), https://www.constituteproject.org/constitution/ Zimbabwe_2013.pdf

1190

Malawi’s Gender Equality Act 2013, Section 19(1), https://womenlawyersmalawi.files.wordpress.com/2017/06/gender-equality-act.pdf; Zambias’ Gender Equity and Equality Act 2015, Section 21(1), http://extwprlegs1.fao.org/docs/pdf/zam177905.pdf

1191

WLSA (2019) “O Despacho nº 39 foi revogado. E depois?”, https://www.wlsa.org.mz/o-despacho-39-foi-revogado-e-depois/.

1192

Ibid.

1193

WHO (2019) “Preventing unsafe abortion”, https://www.who.int/news-room/fact-sheets/detail/preventing-unsafe-abortion

1194

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307

Make Every Woman Count

Angola’s Penal (Amended) 2019, Section 358, in Republic of Angola (2019) “Relatório sobre a implementação do plano de acção da plataforma de Beijing (PAB), 2014 – 2019”, p.18

1195

SADC (2019) “State of women in SADC 2019 report”, p. 2, https://genderlinks.org.za/wp-content/uploads/2019/08/ StateOfWomenSADC2019rev2.pdf

1196

1197

Botswana’s Employment (Amendment) Act No. 10 of 2010; Malawi’s HIV and AIDS (Prevention and Management) Act No. 9 of 2018, Part VIII, https://malawilii.org/mw/legislation/act/2018/9; Mozambique’s Lei nº 19/204, Lei de Protecção de pessoa, do trabalhador e do candidato a emprego vivendo com HIV e SIDA, https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/ documents/legaldocument/wcms_361981.pdf Mozambique’s Protection of Persons, Workers and Job seekers living with HIV and AIDS Act No. 19/204, Section 42, https://www.ilo. org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_361981.pdf

1198

HIV and AIDS (Prevention and Management) Act No. 9 of 2018, https://malawilii.org/mw/legislation/act/2018/9

1199

Child Care, Protection and Justice Act No. 22 of 2010, Section 77, https://malawilii.org/mw/legislation/act/2010/7

1200

Eswatini’s Sexual Offences and Domestic Violence Act 2018, Section 76(2), https://www.ilo.org/dyn/natlex/docs/SERIAL/108709/134536/ F1384531235/SWZ108709%20Eng.pdf

1201

1202 1203

UNAIDS (2018) “Data 2018”, https://www.unaids.org/en/resources/documents/2018/unaids-data-2018

South Africa’s Sexual Offences Amendment Act 2007, https://www.hivjustice.net/country/za/; Zambia’s Penal Code Act 1931, Volume 7, Chapter 87, Section 183; AIDS and Rights Alliance for Southern Africa (2016) “Namibia legal environment assessment of HIV and AIDS”, p. 85, https://hivlawcommission.org/wp-content/uploads/2019/10/UNDP-Reports-LegalEnvironmentAssessments-Namibia.pdf; Eswatini’s Sexual Offences and Domestic Violence Act 2018, Section 76(2), https://www.ilo.org/dyn/natlex/docs/SERIAL/108709/134536/ F1384531235/SWZ108709%20Eng.pdf Global Criminalisation Scan (2012) “Zambia”

1204

Zambia’s Penal Code Act 1931, Volume 7, Chapter 87, Section 183 Botswana’s Penal Code 1964, Section 142(4), https://www.wipo.int/edocs/lexdocs/laws/en/bw/bw012en.pdf; Mozambique’s Penal Code (Amended) Act 2014, Section 208, https://reformar.co.mz/documentos-diversos/lei-24-2019-lei-de-revisao-do-codigo-penal. pdf; South Africa’s Sexual Offences Amendment Act 2007, https://www.hivjustice.net/country/za/; Zambia’s Penal Code Act 1931, Volume 7, Chapter 87, Section 183; Eswatini’s Sexual Offences and Domestic Violence Act 2018, Section 76(2), https://www.ilo.org/ dyn/natlex/docs/SERIAL/108709/134536/F1384531235/SWZ108709%20Eng.pdf; Zimbabwe’s Sexual Offences Act 2001, Act 8/2001, Section 15, https://learningpartnership.org/sites/default/files/resources/pdfs/Zimbabwe-Sexual-Offences-Act-2001-English.pdf Global Criminalisation Scan (2012) “Zambia”

1205

Zambia’s Penal Code Act 1931, Volume 7, Chapter 87, Section 183

1206

Global Criminalisation Scan (2012) “Zambia”

1207

1208

Mbanje, P. (2020) “Decriminalisation of HIV transmission progress step”, NewsDay, https://www.newsday.co.zw/2020/02/ decriminalisation-of-hiv-transmission-progress-step/ AIDS Rights Alliance for Southern Africa (2017) “From N’Djamena to SADC & EAC model laws & beyond: revolutionising approaches to criminalisation of HIV non-disclosure & exposure”, https://www.hivjusticeworldwide.org/wp-content/uploads/2017/06/ARASA-JoburgCriminalisation-Meeting-Report-2017.pdf

1209

Lesotho’s Penal Code 2010 (Act No. 6 of 2012), Section 51(2)(i), https://lesotholii.org/ls/legislation/num-act/6; Botswana’s Public Health Act of 2013 (Act No. 11 of 2013), Section 58, http://extwprlegs1.fao.org/docs/pdf/bot91831.pdf; Mozambique’s Penal Code (Amendment) Act (Act No. 35/2014), Section 249, https://www.wlsa.org.mz/wp-content/uploads/2014/11/Lei-35_2014Codigo_Penal.pdf

1210

Lesotho’s Penal Code of 2010 (Act No. 6 of 2012), Section 52(2)(i), https://lesotholii.org/ls/legislation/num-act/6

1211

UNFPA (2011) “CARMMA Africa cares: no woman should die while giving life”, p. 2, https://esaro.unfpa.org/sites/default/files/pub-pdf/ CARMMA.pdf; UNAIDS (2020) “South Africa launches campaign to reduce maternal mortality”, https://www.unaids.org/en/resources/ presscentre/featurestories/2012/may/20120508carmma

1212

UNFPA (2019) “Republic of Namibia facts and prospects. Sexual and reproductive health and rights 2019” p. 1, https://esaro.unfpa.org/ sites/default/files/pub-pdf/UNFPA_MIC_Country_Policy_Brief_NAMIBIA.pdf; WHO (2017) “Maternal mortality in 2000-2017”, https:// www.who.int/gho/maternal_health/countries/zaf.pdf?ua=1; World Bank (2020) “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Zambia”, https://data.worldbank.org/indicator/SH.STA.MMRT?locations=ZM; World Bank (2020) “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Zimbabwe”, https://data.worldbank.org/indicator/SH.STA.MMRT?locations=ZW

1213

World Bank (2017) “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Eswatini”, https://data.worldbank.org/ indicator/SH.STA.MMRT; WHO (2018) “Maternal mortality in 2000-2017, Eswatini”, p. 1, https://www.who.int/gho/maternal_health/ countries/swz.pdf

1214

WHO (2017) “Maternal mortality in 2000-2017”, https://www.who.int/gho/maternal_health/countries/zaf.pdf?ua=1

1215

World Bank (2020) “Maternal mortality ratio (modelled estimate, per 100,000 live births) – Angola”, https://databank.worldbank.org/ reports.aspx?source=2&series=SH.STA.MMRT&country=AGO; World Bank (2020) “Maternal mortality ratio (modelled estimate, per 100,000 live births) – Mozambique”, https://data.worldbank.org/indicator/SH.DYN.AIDS.FE.ZS?end=2018&locations=MZ&start=2010; World Bank (2020) “ Maternal mortality ratio (modelled estimate, per 100,000 live births) – Malawi”, https://databank.worldbank.org/ reports.aspx?source=2&series=SH.DYN.AIDS.FE.ZS&country=MWI

1216

World Bank (2020) “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Zimbabwe”, https://data.worldbank.org/ indicator/SH.STA.MMRT?locations=ZW; World Bank (2017) “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Eswatini”, https://data.worldbank.org/indicator/SH.STA.MMRT

1217

WHO (2017) “Maternal mortality in 2000-2017: Lesotho”, https://www.who.int/gho/maternal_health/countries/lso.pdf?ua=1

1218

UNAIDS (2018) “Data 2018”, https://www.unaids.org/en/resources/documents/2018/unaids-data-2018

1219

Kingdom of Lesotho (2014) “Lesotho: 2014 Demographic and Health Survey Key Findings”, p. 14, https://www.dhsprogram.com/pubs/ pdf/SR230/SR230.pdf

1220

SADC Gender and Development Monitor 2016, p. 43, https://www.sadc.int/files/8415/0340/7935/SGDM_2016_ENGLISH.pdf

1221

PIH (2013) “The role of maternity waiting homes as part of a comprehensive maternal mortality reduction strategy in Lesotho”, p. 7, https://www.pih.org/sites/default/files/2017-07/PIH_Report_Sept_IndividualPgs.pdf

1222

308

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AWD Report 2020

Republic of Zimbabwe (2019) “Zimbabwe national review report 2014-2019”, p. 13, https://www.unwomen.org/-/media/headquarters/ attachments/sections/csw/64/national-reviews/zimbabwe.pdf?la=en&vs=5453

1223

Mhofu, S. (2014) “Zimbabwe ‘waiting homes’ aim to improve maternal care”, VOA News, https://www.voanews.com/africa/zimbabwewaiting-homes-aim-improve-maternal-care

1224

Republic of Angola (2014) “Rapport de la mise en œuvre de la plateforme d’actions de Beijing – Beijing +20”, p. 22

1225

Republic of Malawi (2016) “Safe motherhood”

1226

Republic of Angola (2014) “Rapport de la mise en œuvre de la plateforme d’actions de Beijing – Beijing +20”, p. 22

1227

Republic of Namibia (2015) “Sixth periodic report on the African Charter on Human and Peoples’ Rights”, https://www.achpr.org/public/ Document/file/English/namibia_state_6th_periodic_report.pdf

1228

Angola’s Country Programme Action Plan 2015–2019, p. 7; Angop (2019) “MINSA promove camanha cirurgica contra fistula obstetirca”

1229

Republic of Mozambique (2016) “Perfil de género de Moçambique”

1230

UNAIDS (2016) “Global Plan country fact sheets: Malawi”, www.unaids.org/sites/default/files/media/documents/UNAIDS_ GlobalplanCountryfactsheet_malawi_en.pdf

1231

UNAIDS (2016) “Global Plan country fact Sheets: Zimbabwe”, www.unaids.org/sites/default/files/media/documents/UNAIDS_ GlobalplanCountryfactsheet_zimbabwe_en.pdf; UNAIDS (2016) “Global Plan country fact sheets: Zambia”, www.unaids.org/sites/ default/files/media/documents/UNAIDS_GlobalplanCountryfactsheet_zambia_en.pdf

1232

UNAIDS (2016) “Global Plan country fact sheets: Mozambique”, www.unaids.org/sites/default/files/media/documents/UNAIDS_ GlobalplanCountryfactsheet_mozambique_en.pdf; UNAIDS (2016) “Global Plan country fact sheets: Namibia”, www.unaids.org/ sites/default/files/media/documents/UNAIDS_GlobalplanCountryfactsheet_namibia_en.pdf; UNAIDS (2016) “Global Plan country fact sheets: South Africa”, www.unaids.org/sites/default/files/media/documents/UNAIDS_GlobalplanCountryfactsheet_sa_en.pdf; UNAIDS (2016) “Global Plan country fact sheets: Botswana”, www.unaids.org/sites/default/files/media/documents/UNAIDS_ GlobalplanCountryfactsheet_malawi_en.pdf

1233

UNAIDS (2016) “Global Plan country fact sheets: South Africa”, www.unaids.org/sites/default/files/media/documents/UNAIDS_ GlobalplanCountryfactsheet_sa_en.pdf

1234

UNFPA, “Family planning”, https://esaro.unfpa.org/en/topics/family-planning

1235

UNFPA (2020) “Data”, https://www.unfpa.org/data

1236

UNFPA (2010) “How universal is access to reproductive health? A review of the evidence”, pp. 20–21, https://www.unfpa.org/sites/ default/files/pub-pdf/universal_rh.pdf

1237

Population Council et al. (2015) “Education sector response to early and unintended pregnancy: a review of country experiences in sub-Saharan Africa,” p. 9, https://www.popcouncil.org/uploads/pdfs/2015STEPUP_EducSectorResp.pdf

1238

Head of Department, Department of Education, Free State Province v Welkom High School and Another; Head of Department, Department of Education, Free State Province v Harmony High School and Another (CCT 103/12) [2013] ZACC 25; 2013 (9) BCLR 989 (CC); 2014 (2) SA 228 (CC) (10 July 2013)

1239

South Africa’s Draft DBE National Policy on the Prevention and Management of Learner Pregnancy 2018, https://www.gov.za/sites/ default/files/gcis_document/201806/41722gon615.pdf

1240

1241

Phakathi, B. (2018) “Learner pregnancy prevention policy forgets about the ‘learner’ part”, TimesLive, https://www.timeslive.co.za/news/ south-africa/2018-07-31-learner-pregnancy-prevention-policy-forgets-about-the-learner-part/ Republic of South Africa Department of Basic Education (2019) “Annual report 2018/2019”, p. 141, https://www.gov.za/sites/default/files/ gcis_document/202002/dbe-annual-report-print-version-27-sep-09h27.pdf

1242

UN Human Rights Council (2017) “Second periodic report submitted by Angola under article 40 of the Covenant, due in 2017”, p. 40 sq.

1243

Zambia’s Termination of Pregnancy Act 1972, Cap 304, https://zambialii.org/node/8027; Swaziland’s Constitution 2005, Section 15(5), p. 15; Zimbabwe’s Termination of Pregnancy Act of 1977, https://www.refworld.org/docid/4c46c4de2.html; Namibia’s Abortion and Sterilization Act 1975, https://namiblii.org/akn/na/act/1975/2; SIGI “Country profiles 2014: Angola”, p. 3, https://www.genderindex. org/wp-content/uploads/files/datasheets/AO.pdf; Botswana’s Penal Code, Section 160(2), https://www.wipo.int/edocs/lexdocs/laws/ en/bw/bw012en.pdf; Lesotho’s Penal Code, Section 45(2); Malawi’s Penal Code, Section 243, https://malawilii.org/mw/consolidated_ legislation/701

1244

Swaziland’s Constitution 2005, Section 15(5), p. 15; Zimbabwe’s Termination of Pregnancy Act of 1977, https://www.refworld.org/ docid/4c46c4de2.html; Namibia’s Abortion and Sterilization Act 1975, https://namiblii.org/akn/na/act/1975/2; SIGI “Country profiles 2014: Angola”, p. 3, https://www.genderindex.org/wp-content/uploads/files/datasheets/AO.pdf; Botswana’s Penal Code, Section 160(2), https://www.wipo.int/edocs/lexdocs/laws/en/bw/bw012en.pdf; Lesotho’s Penal Code, Section 45(2)

1245

Zambia’s Termination of Pregnancy Act 1972, Cap 304, https://zambialii.org/node/8027; South Africa’s Choice on Termination of Pregnancy Act 1 of 2008, http://www.saflii.org/za/legis/consol_act/cotopa1996325.pdf

1246

AllAfrica (2019) “Swaziland: death of Swaziland schoolgirl after illegal abortion highlights suffering of women in kingdom – report”, https://allafrica.com/stories/201904010949.html

1247

South Africa’s Choice on Termination of Pregnancy Act 1 of 2008, http://www.saflii.org/za/legis/consol_act/cotopa1996325. pdf; Mozambique’s Penal Code (Amended) Act 2014, Section 168, https://www.wlsa.org.mz/wp-content/uploads/2014/11/Lei35_2014Codigo_Penal.pdf

1248

South Africa’s Choice on Termination of Pregnancy Act 1 of 2008, http://www.saflii.org/za/legis/consol_act/cotopa1996325.pdf

1249

Albertyn, C. (2015) “Claiming and defending abortion rights in South Africa”, p. 28, https://ohrh.law.ox.ac.uk/wordpress/wp-content/ uploads/2015/07/Working-Paper-Series-Volume-2-No-5.pdf

1250

Van Dyk, J. (2017) “When there was no list of free abortion clinics, we made our own. Here’s how”, Bhekisisa, https://bhekisisa.org/ article/2017-11-10-00-mind-the-gap-only-5-of-health-facilities-offer-abortions-heres-how-to-find-them/

1251

HRW (2018) “World report 2018: Angola”

1252

UNAIDS (2018) “Data 2018”, https://www.unaids.org/en/resources/documents/2018/unaids-data-2018

1253

South Africa’s Children’s Act 2005, Section 129, https://www.gov.za/sites/default/files/gcis_document/201409/a38-053.pdf

1254

SIGI “Namibia 2019”, p. 8, https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/NA.pdf

1255

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309

Make Every Woman Count

Swaziland’s Children’s Protection and Welfare Act 6 of 2012 Part 24, Maintenance of Children, pp. 9–12, https://osall.org.za/ docs/2011/03/Swaziland-Childrens-Protection-and-Welfare-Act-6-of-2012-Part-7.pdf

1256

Mozambique’s Penal Code (Amended) Act 2014, Section 168(3), https://www.wlsa.org.mz/wp-content/uploads/2014/11/Lei35_2014Codigo_Penal.pdf

1257

Zimbabwe’s Children’s Act 1971, Chapter 5:06, Section 76 consent to surgical or other treatment, https://zimlii.org/zw/legislation/ act/1971/2

1258

Zimbabwe’s Public Health Act, Chapter 15:17, Section 35, p. 28, http://www.veritaszim.net/sites/veritas_d/files/Public%20Health%20 Act%20%5BCHAPTER%2015-17%5Dr.pdf; ZimFact (2019) “Adolescent sexual and reproductive health rights in Zimbabwe”, https:// zimfact.org/factsheet-adolescent-sexual-and-reproductive-health-rights-in-zimbabwe/

1259

Demographic and Health Survey Zimbabwe 2015, pp. 63–64, https://dhsprogram.com/pubs/pdf/FR322/FR322.pdf

1260

ZimFact (2019) “Does parliamentary committee want to push age of sexual consent down to 12 years?”, https://zimfact.org/doesparliamentary-committee-want-to-push-age-of-sexual-consent-down-to-12-years/

1261

Avert (2019) “HIV and AIDS in East and Southern Africa regional overview”, https://www.avert.org/professionals/hiv-around-world/subsaharan-africa/overview

1262

Karim, S. and Baxter, C. (2019) “HIV incidence rates in adolescent girls and young women in sub-Saharan Africa”

1263

Van Eerdewijk, A. et al (2018) “The state of African women”, p. 63

1264

Mozambique’s Lei no. 19/2014 de 27 de agosto, Lei de protecção da pessoa, do trabalhador e do candidato a emprego vivendo com HIV e SIDA, Section 2, https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/ wcms_361981.pdf

1265

Namibia’s National Health Policy Framework 2010–2020, p. 6, https://extranet.who.int/countryplanningcycles/sites/default/files/ country_docs/Namibia/namibia_national_health_policy_framework_2010-2020.pdf; Swaziland’s National Policy on Sexual and Reproductive Health 2013, http://www.integrainitiative.org/blog/wp-content/uploads/2013/10/NATIONAL-POLICY-ON-SEXUAL-AND-. pdf; Namibia’s National Human Rights Action Plan 2015–2019; South Africa’s National Strategic Plan (NSP) for HIV, TB and STIs 2017–2022, https://sanac.org.za/the-national-strategic-plan/; Zambia’s Roadmap for Accelerating Reduction of Maternal, Newborn and Child Mortality 2013–2016; Zambia’s Integrated Family Planning Scale-Up Plan 2013–2020, https://www.healthpolicyproject.com/ns/ docs/CIP_Zambia.pdf; Zambia’s National HIV & AIDS Strategic Framework 2017–2021, https://hivhealthclearinghouse.unesco.org/sites/ default/files/resources/zmb_str_national_aids_strategic_framework_2017-2021_30may2017.pdf

1266

South Africa’s National Strategic Plan (NSP) for HIV, TB and STIs 2017–2022, https://sanac.org.za/the-national-strategic-plan/; Eswatini’s National Multisectoral HIV and AIDS Strategic Framework (NSF) 2018–2023, https://hivpreventioncoalition.unaids.org/wp-content/ uploads/2019/06/Eswatini_NSF-2018-2023_final.pdf; Namibia’s National Strategic Framework for HIV and AIDS Response in Namibia 2017/8– 2021/2, www.unaids.org/sites/default/files/country/documents/NAM_2018_countryreport.pdf; Zambia’s National HIV & AIDS Strategic Framework 2017–2021, https://hivhealthclearinghouse.unesco.org/sites/default/files/resources/zmb_str_national_aids_ strategic_framework_2017-2021_30may2017.pdf

1267

Zimbabwe’s National Adolescent and Youth Sexual and Reproductive Health (ASRH) Strategy II: 2016–2020, http://www.znfpc.org.zw/ wp-content/uploads/2019/05/National-ASRH-Strategy-II-2016-2020.pdf

1268

Republic of South Africa Department of Health (2015) “Annual report 2014/5”, p. 41

1269 1270

1271

Meyer-Rath, G. et al. (2017) “Changing the South African national antiretroviral therapy guidelines: the role of cost modelling”, https:// www.ncbi.nlm.nih.gov/pmc/articles/PMC5662079/

UNAIDS (2018) “Data 2018”, https://www.unaids.org/en/resources/documents/2018/unaids-data-2018.

1272

ZimFact (2019) “Adolescent sexual and reproductive health rights in Zimbabwe”, https://zimfact.org/factsheet-adolescent-sexual-andreproductive-health-rights-in-zimbabwe/

Roseman, M. (2014) “Namibia’s highest court finds government forcibly sterilized HIV-positive women”, https://hrp.law.harvard.edu/ sexual-and-reproductive-rights/namibias-highest-court-finds-government-forcibly-sterilized-hiv-positive-women/

1273

1274

The High Court of Malawi Zomba District Registry, EL v the State, Criminal Case No. 36 of 2016, https://www. southernafricalitigationcentre.org/wp-content/uploads/2017/08/EL-Judgment_Corrected.pdf Constitutional Court of Zimbabwe, S v Mpofu & Another (CCZ 5/2016 Const. Application No CCZ 08/13) [2016] ZWCC 16 (15 June 2016); Share, https://zimlii.org/zw/judgment/constitutional-court-zimbabwe/2016/5

1275

Masiyiwa, G. (2019) “Zimbabwe weighs ending criminalization of HIV”, Global Press Journal https://globalpressjournal.com/africa/ zimbabwe/spreading-hiv-crime-zimbabwe-nearly-20-years-now-may-change/; Zimbabwe’s Marriages Bill [H.B. 7, 2019, https://www. parlzim.gov.zw/component/k2/marriages-bill-h-b-7-2019

1276

Veritas Zim (2020) “Bill Watch 7/2020 – updates on bills and acts 11 March 2020”, http://www.veritaszim.net/node/4011

1277

Commission for Gender Equality (2020) “Investigation report on the forced sterilisation of women living with HIV/Aids in South Africa”, p. 53

1278

Guinea Constitution 2019, http://presidence.gov.gn/images/projetdenouvelleconstitution/NouvelleConstitution.pdf

1279

Niger Constitution 2017, https://www.constituteproject.org/constitution/Niger_2017.pdf?lang=en

1280

Sierra Leone 2013, https://www.constituteproject.org/constitution/Sierra_Leone_2013.pdf?lang=en

1281

Cabo Verde Constitution 1992 (amended to 2010), https://constitutions.unwomen.org/en/countries/africa/cabo-verde?provisioncatego ry=f6ac408c595e4f20b79bace8d3d12bac

1282

Gambia Constitution 2020, https://www.constituteproject.org/constitution/Gambia_2020D?lang=en

1283

Gambia Women’s Act 2010

1284

Burkina Faso’s Décret n°2016-311-PRES/PM/MS/MATDSI/MINEFID du 29 avril 2016 portant gratuité de soins au profil des femmes et des enfants de moins de cinq ans vivant

1285

Burkina Faso (2019) “Rapport national Beijing +25”, p. 12

1286

1287

310

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AWD Report 2020

1288

Republic of Sierra Leone (2014) “Beijing +25 country report”, https://uneca.org/sites/default/files/Gender/Beijing25/national_report_on_ bdpfa_-final_sierra_leone.pdf

1289

1290 1291

de Côte d’Ivoire’s Loi n°2019-574 portant Code pénal’

Ibid. Burkina Faso’s Loi n°025-2018 portant Code pénal’

1292

Guinea’s Loi N°2016/059/AN portant Code pénal

1293

1294

Côte d’Ivoire’s Loi du 11 juillet 2014 portant régime de prévention, de protection et répression en matière de lutte contre le VIH et le SIDA’ Ibid.

1295

Ghana AIDS Commission Act 2016

1296 1297

Government of Liberia, (2017), “Family Planning 2020 Commitment”, p.1 UNFPA, (2017), “Santé et droits sexuels et de la procréation des adolescentes au Mali : Analyse des politiques et des programmes : opportunités et défi s pour l’UNFPA “, p.22

1298

SIGI, “Niger 2019”

1299

Ministère de l’éducation nationale et de l’alphabétisation (2018) ‘‘Feuille de route : Intégration de l’éducation complète à la sexualité dans les curricula d’enseignement et de programmes de formation en Guinée’’

1300

Guttmacher Institute ‘‘Obstacles à la pratique contraceptive des femmes au Bénin’’, 2016 https://www.guttmacher.org/fr/report/ obstacles-la-pratique-contraceptive-des-femmes-au-benin#

1301

Cape Verdean Institute for Gender Equality and Equity (2019) “Cabo Verde National Report: Beijing+25 on the implementation of the Beijing Declaration and platform for action” p.29

1302

Cape Verdean Institute for Gender Equality and Equity (2019) “Cabo Verde National Report: Beijing+25 on the implementation of the Beijing Declaration and platform for action” p.10

1303

Liberia (2014) “Beijing+25 national review report”, https://uneca.org/sites/default/files/Gender/Beijing25/liberia-beijing25_report.pdf

1304

UNFPA (2017) “Santé et droits sexuels et de la procréation des adolescent.e.s au Mali, http://equipop.org/publications/Rapport%20 -ados-Mali-UNFPA.pdf

1305

MEWC (2018) “African Women’s Decade 2010-2020: women’s participation in decision-making & leadership”

1306

Ghana National HIV and AIDS, STI Policy 2013, p. 14

1307

Republic of the Gambia (2014) “National policy guidelines on HIV and AIDS” pp. 10, 15, 16, 23

1308

SIGI, “Senegal, 2019”

1309

Gambia’s Women’s Act 2010

1310

Gambia’s Criminal Code (Amendment) Act 2014

1311

World Bank (2011) “Liberia: reproductive health at a glance”, http://documents1.worldbank.org/curated/en/453491468300862640/ pdf/629360BRIEF0Li0BOX0361514B00PUBLIC0.pdf

1312

Republic of Mali (2015) “Rapport du Mali”, https://archive.uneca.org/sites/default/files/uploaded-documents/Beijing20/NationalReviews/ mali_beijing_review_report.pdf

1313

1314

Ouaga.com (2016) “Loi sur la santé de la reproduction : une décennie après son adoption, elle reste méconnue”, http://news.aouaga. com/h/95392.html Awusabo-Asare, K. et al. (2017) “From paper to practice: sexuality education policies and their implementation in Ghana”, https://www. guttmacher.org/report/sexuality-education-ghana#

1315

Campaign on Accelerated Reduction of Maternal, Newborn and Child Mortality in Africa, http://www.carmma.org/

1316

World Bank, “Maternal mortality ratio (modeled estimate, per 100,000 live births) – Uganda”, https://data.worldbank.org/indicator/ SH.STA.MMRT?locations=UG

1317

Mulumba, M. (2020) “What the constitutional court decision on access to basic maternal healthcare means”, https://www.cehurd.org/ what-the-constitutional-court-decision-on-access-to-basic-maternal-healthcare-means/

1318

Wasswa, P. (2020) “Maternal health rights given a place in Uganda’s Constitution”, Daily Maverick, https://www.dailymaverick.co.za/ article/2020-09-28-maternal-health-rights-given-a-place-in-ugandas-constitution/

1319

1320

Judgment of Justice Barishaki Cheborion. Petitioners v. Attorney General (n.d.), https://www.cehurd.org/download/7109/

Uganda Constitution 1984, https://www.constituteproject.org/constitution/Uganda_2017?lang=en

1321

Centre for Health, Human Rights and Development & 3 Others v. Attorney General (2015), Constitutional Appeal No. 1 of 2013, ESCRNet, https://www.escr-net.org/caselaw/2015/centre-health-human-rights-and-development-3-others-v-attorney-general-2015

1322

Mulumba, M. (2020) “Ugandan court decision enshrines access to basic maternal health care as a right”, http://blog.petrieflom.law. harvard.edu/2020/08/26/uganda-maternal-health-care-right/

1323

1324

Judgment of Justice Barishaki Cheborion. Petitioners v. Attorney General (n.d.), https://www.cehurd.org/download/7109/ Mulumba, M. (2020) “What the constitutional court decision on access to basic maternal healthcare means”, https://www.cehurd.org/ what-the-constitutional-court-decision-on-access-to-basic-maternal-healthcare-means/

1325

Patel, P. et al. (2001) “Depression in developing countries: lessons from Zimbabwe”, https://doi.org/10.1136/bmj.322.7284.482

1326

Pembere, K. (2019) ‘“25 percent of Zimbabweans once had a mental disorder”’, Health Times, https://healthtimes.co.zw/2019/07/02/25percent-of-zimbabweans-once-had-a-mental-disorder/

1327

Dixon Chibanda, M.D. et al. (2016), “‘Effect of a primary care-based psychological intervention on symptoms of common mental disorders in Zimbabwe: a randomized clinical trial”’, JAMA 316, no. 24 (27 2016): 2618–26, https://doi.org/10.1001/jama.2016.19102

1328

Friendship Bench Zimbabwe, https://www.friendshipbenchzimbabwe.org/

1329

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311

Make Every Woman Count

Grand Challenges Canada, “The Friendship Bench”, http://www.grandchallenges.ca/grantee-stars/0763-05/

1330

Friendship Bench Zimbabwe, https://www.friendshipbenchzimbabwe.org/

1331

Grand Challenges Canada, “The Friendship Bench”, http://www.grandchallenges.ca/grantee-stars/0763-05/

1332

AU et al. (2016) “Women’s Rights in Africa”, p. 8

1333

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003

1334

African Commission on Human and Peoples’ Rights Resolution on the Designation of the Special Rapporteur on the Rights of Women in Africa – ACHPR/Res.38(XXV)99 1999, https://www.achpr.org/sessions/resolutions?id=43

1335

AU (2010) “The African Union launches a continental initiative to end female genital mutilation and save 50 million girls at risk”, https:// au.int/en/pressreleases/20190211/african-union-launches-continental-initiative-end-female-genital-mutilation

1336

AU (2013) “Campaign to End Child Marriage in Africa: call to action”, p. 6

1337

AU (2020) “Terms of reference - consultancy: development of the African Union campaign on ending violence against women and girls”, p. 3

1338

Côte d’Ivoire Constitution 2016, https://www.constituteproject.org/constitution/Cote_DIvoire_2016?lang=en

1339

Burundi Constitution 2018, https://www.constituteproject.org/constitution/Burundi_2018?lang=en

1340

World Bank (2020) “Women, business and the law 2020”, p.1 5

1341

Aljazeera (2020) “Sudan ratifies law criminalising female genital mutilation”, https://www.aljazeera.com/news/2020/7/10/sudan-ratifieslaw-criminalising-female-genital-mutilation

1342

Kenya’s National Policy on the Prevention and Response to Gender Based Violence 2014, p. 41

1343

Egypt’s National Plan of Action against Trafficking 2016, https://evaw-global-database.unwomen.org/en/countries/africa/egypt/2011/ national-plan-of-action-against-trafficking--2011-2013

1344

Egbetayo, V. (2020) “Child marriage and the education crisis in Africa: where do we go from here?”, Global Partnership, https://www. globalpartnership.org/blog/child-marriage-and-education-crisis-africa-where-do-we-go-here

1345

UNDP (2018) “Egypt: gender justice & the law”, p. 13

1346

Anti-FGM Board, “Background”, http://www.antifgmboard.go.ke/background/

1347

Anti-FGM Board, “Functions”, http://www.antifgmboard.go.ke/functions/

1348

Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 43

1349

SADC Gender Protocol 2011, p. 40

1350

Equality Now (2021) “Kenya’s High Court rules anti-FGM law is constitutional: a jubilant day for girls and women in Kenya”, https:// www.equalitynow.org/kenya_fgm_case_response_2021

1351

Bhalla, N.(2021) “Kenya court ruling gives boost to fight against FGM”, Reuters, https://www.reuters.com/article/us-kenya-women-fgmreaction-idUSKBN2B92P5

1352

Batha, E. (2018) “Somalia announces first prosecution for female genital mutilation”, Reuters, https://www.reuters.com/article/ussomalia-fgm-prosecution/somalia-announces-first-prosecution-for-female-genital-mutilation-idUSKBN1KF2JE

1353

Outlook (2020) “First arrest puts marital rape in spotlight in Eswatini”, https://www.outlookindia.com/newsscroll/first-arrest-putsmarital-rape-in-spotlight-in-eswatini/1710680

1354

Chad Constitution 2018

1355

Central African Republic Constitution 2016

1356

DR Congo Constitution 2011,

1357

Burundi Constitution 2018

1358

Central African Republic’s Loi 10.001 2010 portant Code pénal centrafricain, p. 10

1359

Ibid.

1360

Chad’s Code pénal 2017, Loi 2017-01 du 8 mai 2017, Article 318

1361

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing “, pp.10–11, 42

1362

Cameroon’s Law 2016/007 of 12 July 2016 relating to the Penal Code, Articles 180, 180(1), 358, 302, 277

1363

Burundi’s Loi 1/13 du septembre 2016 pourtant prévention, protection des victimes et répression des violences basées sur le genre, p. 3

1364

Ibid., pp. 3, 5, 10

1365

Ibid.

1366

Family Planning (2020) “Chad commitment maker since 2017”, https://www.familyplanning2020.org/chad; Présidence de la République du Tchad, https://www.presidence.td/fr-comcons-3305.html ;

1367

Chad’s Loi 006/PR/2002 portant promotion de la sante de reproduction, Article 9

1368

São Tomé and Príncipe’s Código penal aprovado pela Lei 6/2012, Article 166

1369 1370

Chad’s Code pénal 2017, Loi 2017-01 du 8 mai 2017, Article 302-1

Ibid.

1371

1372

Gabon’s Code penal, Loi n°042/2018 du 05 juillet 2019, Article 402

Congo Republic’s Loi n° 4-2010 du 14 juin 2010 portant protection de l’enfant en République du Congo, p. 484

1373

Central African Republic’s Loi 10.001 portant Code pénal centrafricain, Article 114

1374

Ibid., Article 112

1375

Burundi’s Loi No.1/13 de septembre 2016 pourtant prevention, protection des victimes et repression des violences basees sur le genre, [Article 2 (w))

1376

US Department of State (2020) “Trafficking in persons report, 20th edition”, p. 214

1377

312

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AWD Report 2020

Chad’s Ordonnance n° 006/PR/2018 du 30 mars 2018 portant lutte contre la traite des personnes en République du Tchad

1378

Cameroon’s Loi n° 2011/024 du 14 décembre 2011 relative à la lutte contre le trafic et la traite des personnes

1379

Girls Not Brides (2016) “Cameroon launches African Union Campaign to End Child Marriage”, https://www.girlsnotbrides.org/articles/ cameroon-launches-african-union-campaign-end-child-marriage/

1380

UNFPA (2015) “Chad: National Campaign to End Child Marriage takes off”, https://reliefweb.int/report/chad/chad-national-campaignend-child-marriage-takes

1381

Mounombou, S. (2017) “Mariage des enfants : L’UA se mobilise”, Gabon Review, www.gabonreview.com/mariage-enfants-lua-semobilise/

1382

UNFPA (n.d.) “Mettre fin aux mariages d’enfants: enjeux et défis des programmes en cours en République démocratique du Congo”, p. 2

1383

Democratic Republic of Congo (2019) “Rapport du gouvernement de la République démocratique du Congo sur l’application de la Déclaration: examen au niveau national sur le respect des engagements pris dans le cadre de la Déclaration de Beijing et de la Plateforme d’action de Beijing +25”, p. 55

1384

Ibid.

1385

Democratic Republic of Congo Feuille de route nationale de l’appel à l’action pour la protection contre les violences basées sur le genre (VBG) en République Démocratique du Congo 2018–2020, pp. 3-4

1386

SIGI, “Cameroon, 2019”, p. 4.

1387

Girls Not Brides, “Chad”, https://atlas.girlsnotbrides.org/map/chad/

1388

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing+ 25”, pp. 4–5

1389

Republic of Burundi, (2019) “Rapport national d’évaluation de la mise en application de la Déclaration et du Programme d’Action de Beijing – Beijing +25”, p. 31

1390

Republic of Cameroon (2019) “Rapport de l’État du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, p. 64

1391

UN Human Rights Council (2018) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*Chad”, p. 16

1392

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the Democratic Republic of the Congo”, p. 9

1393

Human Rights Council Working Group on the Universal Periodic Review (2018) “National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*Central African Republic”, p. 20

1394

Republic of Chad (2019) “Rapport national d’évaluation des vingt-cinq (25) ans de mise en œuvre de la Déclaration et du Programme d’Action de Beijing“, p.10.

1395

République du Cameroun, (2019), “Rapport de l’État du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, p. 22

1396

Committee on the Elimination of Discrimination Against Women (2015) “YH/follow-up/Equatorial Guinea/60”, p. 1

1397

Republic of Congo (2019) “Rapport national d’Evaluation de la Déclaration et du Programme d’Action de Beijing +25”, p. 23

1398

U.S. Department of State (2020) “Trafficking in persons report, 20th edition”, p. 150

1399

Ibid., p. 214

1400

Republic of Equatorial Guinea’s Código Civil español vigente en Guinea Ecuatorial 1889, pp. 16–17, 71

1401

Central African Republic’s Loi No. 97/13 Code de la famille 1993, p. 34

1402

UN Human Rights Council (2017) “Report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad”, p. 8

1403

28TooMany (2018) “Cameroon: the law and FGM”, p. 3

1404

Cameroon’s Law No. 2016/007 of July 12, 2016, relating to the Penal Code, Article 350, pp. 134–135

1405

28TooMany (2018) “Cameroon: the law and FGM”, p. 3

1406

Cameroon’s Loi N°2010/012 du 21 décembre 2010 relative a la cyber sécurité et la cybercriminalité au Cameroun, p. 27

1407

Republic of Cameroon (2019) “Rapport de l’État du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, p. 37

1408

UNFPA GBV Sub-Cluster (2019) “Gender based violence in the Democratic Republic of the Congo: key facts and priorities of humanitarian actors”, p. 1

1409

1410

Somalia Constitution 2012, https://www.constituteproject.org/constitution/Somalia_2012?lang=en

Ibid.

1411

South Sudan Constitution 2011 (rev. 2013), https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en

1412

Sudan Constitution 2019, https://www.constituteproject.org/constitution/Sudan_2019?lang=en

1413

1414

Ibid.

1415

Uganda’s The Domestic Violence Act 2010, p. 10

Ibid., p. 6

1416

Seychelles Domestic Violence Act 2020, pp. 271–272

1417

1418

Ibid., p. 289

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 16

1419

Union of the Comores (n.d.) “Rapport pays sur les progrès réalisés dans la mise en œuvre de la plateforme d’action de Beijing +25”, p. 14

1420

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action (2009-2014)”, p. 40

1421

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313

Make Every Woman Count

1422

Ibid., p. 6.

Rwanda’s Law No. 68/2018 of30/08/2018 Determining Offences and Penalties in General, pp. 140–141

1423

U.S. Department of State (2019) “2019 country reports on human rights practices: Somalia”, https://www.state.gov/reports/2019country-reports-on-human-rights-practices/somalia/

1424

28TooMany (2018) “Uganda: the law and FGM”, p. 16

1425

Walsh, D. (2020) “In a victory for women in Sudan, female genital mutilation is outlawed”, The New York Times, https://www.nytimes. com/2020/04/30/world/africa/sudan-outlaws-female-genital-mutilation-.html

1426

1427

UNICEF (2020) “Sudan enters new era for girl rights with criminalization of FGM”, https://www.unicef.org/mena/press-releases/sudanenters-new-era-girl-rights-criminalization-fgm U.S. Department of State (2018) “2018 trafficking in persons report: Madagascar”, https://www.refworld.org/docid/5b3e0ae5a.html

1428

U.S. Department of State (2019) “2019 trafficking in persons report: Rwanda”, https://www.state.gov/reports/2019-trafficking-inpersons-report-2/rwanda/

1429

U.S. Department of State (2019) “2019 trafficking in persons report: Seychelles”, https://www.state.gov/reports/2019-trafficking-inpersons-report/seychelles/

1430

1431

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 85 SIHA Network (2018) “Gender alert: a historic passage of the Sexual Offenses Bill in Somaliland”

1432

Rwanda’s Loi n° 68/2018 du 30 août 2018 déterminant les infractions et les peines en général, http://www.ilo.org/dyn/natlex/natlex4. detail?p_lang=en&p_isn=107716&p_count=11&p_classification=01

1433

Uganda’s Computer Misuse Act 2011, p. 17

1434

Nwaodike, C. and Naidoo, N. (2020) “Fighting violence against women online: a comparative analysis of legal frameworks in Ethiopia, Kenya, Senegal, South Africa, and Uganda”, p. 7

1435

Ibid., p. 8

1436 1437

Girls Not Brides, “Uganda”, https://www.girlsnotbrides.org/child-marriage/uganda/ Girls Not Brides (2016) “Eritrea launches African Union campaign to end child marriage”, https://www.girlsnotbrides.org/articles/eritreaend-child-marriage/

1438

1439

Girls Not Brides (2017) “Kenya becomes 19th country to launch the African Union Campaign to End Child Marriage”, https://www. girlsnotbrides.org/articles/kenya-becomes-19th-country-launch-african-union-campaign-end-child-marriage/ AU (2015) “The Republic of Madagascar launches AU Campaign to End Child Marriage in Africa”, https://au.int/fr/node/27028

1440 1441

AU (2020) “The Republic of Sudan launches the AU Campaign to End Child Marriage in Africa”, https://www.aucecma.org/en/latestnews/the-republic-of-sudan-launches-the-au-campaign-to-end-child-marriage-in-africa.html

1442

UNICEF (2015) “Government launches National Strategy to end Child Marriage and Teenage Pregnancy”, https://reliefweb.int/report/ uganda/government-launches-national-strategy-end-child-marriage-and-teenage-pregnancy

COPFGM, “What can be done to tackle Cross Border FGM”, https://copfgm.org/2020/07/what-can-be-done-to-tackle-cross-border-fgm

1443

1444 1445

Kenya’s National Policy for the Eradication of Female Genital Mutilation 2019, p. 16

UNICEF (2021) “Let’s work together to end FGM in Kenya”, https://www.unicef.org/kenya/stories/lets-work-together-end-fgm-kenya

ENA (2019) “Nation launches 5-year Roadmap to End Child Marriage, FGM”, https://www.ena.et/en/?p=9159

1446 1447

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, Final Report”, p. 4 Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 9.

1448 1449

Mauritius’ Worker’s Rights 2019 No. 20 of 2019, pp. 16–17 Mauritius’ Labour Act 2017, Act No. 64, p. 75

1450 1451

Mauritius’ Worker’s Rights 2019 No. 20 of 2019, pp. 16–17 Mauritius’ Labour Act 2017, Act No. 64, p. 75

Republic of Seychelles (2019) “Seychelles: national comprehensive review 2019”, p. 34

1452

UN Women Global Database on Violence Against Women (2016) “Gender Based Violence Working Group”, https://evaw-globaldatabase.unwomen.org/en/countries/africa/seychelles/2010/gender-based-violence-working-group

Republic of South Sudan (2014) “National evaluation report on the implementation of the Beijing Declaration and Platform for Action (1995) and the outcome of the 23rd Special Session of the United Nations General Assembly (2000)”, p. 25

1453

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action (2009-2014)”, p. 71

1454

Republic of Rwanda (2019) “Beijing +25 Rwanda country report”, p. 43

1455

Ibid.

1456

Toby, H. (2019) “South Sudan court rules against marriage of girl, 16, in landmark case”, Reuters, https://www.reuters.com/article/ussouthsudan-women-court/south-sudan-court-rules-against-marriage-of-girl-16-in-landmark-case-idUSKCN1U42CK

1457

HRW (2019) “Victory against child marriage in Tanzania”, https://www.hrw.org/news/2019/10/25/victory-against-child-marriagetanzania

1458

Njogopa, G. (2019) “Tanzania’s High Court upholds Minimum Marriage Age of 18”, VOA, https://www.voanews.com/africa/tanzaniashigh-court-upholds-minimum-marriage-age-18

1459

1460 1461

Ibid.

SIGI, “Comoros, 2019”, p. 5

1462

1463

Girls Not Brides (2020) “Top 20 countries with the highest prevalence rates of child marriage”, https://atlas.girlsnotbrides.org/map/?_ ga=2.234784604.350248424.1620919641-239787200.1616507335

U.S. Department of State (2019) “2019 country reports on human rights practices: Somalia”, https://www.state.gov/reports/2019country-reports-on-human-rights-practices/somalia/

314

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AWD Report 2020

ISS (2020) “East African human trafficking rings expand their operations”, https://issafrica.org/iss-today/east-african-human-traffickingrings-expand-their-operations

1464

Algeria Constitution 2020, Draft of 30 May 2020, https://www.constituteproject.org/constitution/Algeria_2020D?lang=en

1465

Aljazeera (2014) “Morocco repeals ‘rape marriage law’”, https://www.aljazeera.com/news/2014/1/23/morocco-repeals-rape-marriagelaw

1466

1467

UNDP (2018) “Algeria: gender justice and the law”, p. 9 Ibid., p. 12

1468

Ibid.

1469

Farouk, M. (2020) “Egypt approves law to protect identities of women reporting sex abuse”, Reuters, https://news.trust.org/ item/20200816164340-pspxh

1470

Egypt’s Act No. 78 of 2016 amending the Penal Code No. 58 of 1937, https://bit.ly/2XIYbwr

1471

UNDP (2018) “Tunisia: gender justice and the law”, p. 21

1472

Gender Concerns International, “The situation of women in Tunisia”, www.genderconcerns.org/country-in-focus/tunisia/the-situationof-women-in-tunisia/

1473

Ibid.

1474

Van Eerdewijk, A. et al. (2018) “The state of African women report”, p. 206

1475

Kingdom of Morocco (2014) “Beijing+20: Morocco’s national report”, p. 34

1476

Arab Republic of Egypt (2019) “Report on the progress made in the Implementation of the Beijing Platform for action (from 2014 to March 2019)”, p. 32

1477

Al-Youm, A. (2020) “Egypt’s top court says ‘urfi’ marriage of minors is a violation of children’s rights”, Egypt Independent, https:// egyptindependent.com/egypts-top-court-says-urfi-marriage-of-minors-is-a-violation-of-childrens-rights/

1478

1479

UNDP (2018) “Algeria: gender justice and the law”, p. 9

1480

Ibid., p. 19

Ibid., p. 16

1481

Ibid., p. 9

1482

Ibid., p. 16

1483

Ibid., p. 12

1484

Ibid., p. 16

1485

The African Child Policy Forum (2013) “Minimum age of marriage in Africa”

1486

Bajec, A. (2021) “Cashing in on misery: despite Covid-19, North Africa’s human traffickers are thriving”, The New Arab, https://english. alaraby.co.uk/english/indepth/2021/2/15/how-human-traffickers-are-exploiting-covid-19-in-north-africa

1487

UNDP (2018) “Algeria: gender justice and the law”, p. 9

1488

UN Women (2019) “Taking five: Morocco’s Anti-Trafficking Law and its link to migration”, https://www.unwomen.org/en/news/ stories/2019/12/take-five-morocco-anti-trafficking-law-and-migration

1489

Angola Constitution 2010, https://www.constituteproject.org/constitution/Angola_2010?lang=en

1490

Lesotho Sixth Amendment to the Constitution Act 2011, Act 13 of 2011

1491

1492

Zimbabwe Constitution 2013 (rev. 2017), https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en

South Africa Constitution 2012, Section 12, https://evaw-global-database.unwomen.org/en/countries/africa/south-africa/2012/section12-of-the-constitution

1493

Namibia Constitution 2014, Article 8, https://evaw-global-database.unwomen.org/en/countries/africa/namibia/2014/article-8-of-theconstitution

1494

Malawi Constitution 1994 (rev. 2017), https://www.constituteproject.org/constitution/Malawi_2017?lang=en

1495

Republic of Angola (2014) “Rapport de la mise en œuvre de la plateforme d’actions de Beijing – Beijing +20”, p. 27

1496 1497

CEDAW (2017) “Seventh periodic report submitted by Angola under article 18 of the Convention, due in 2007”, para 36 Zambia’s Anti-Gender-Based Violence Act 2011, p. 6

1498

Swaziland’s Sexual Offences and Domestic Violence Act 2018, pp. 38, 88; Southern Africa Litigation Centre (2019) “Eswatini’s Sexual Offences and Domestic Violence Act: a summary”, p. 7

1499

Outlook (2020) “First arrest puts marital rape in spotlight in Eswatini”, https://www.outlookindia.com/newsscroll/first-arrest-putsmarital-rape-in-spotlight-in-eswatini/1710680

1500

Malawi’s Marriage, Divorce and Family Relations Act 2015, p. 17

1501

1502 1503

South Africa’s Protection from Harassment Act 2010

South Africa’s National Strategic Plan on Gender-based Violence and Femicide 2020, p. 35

1504

Mozambique’s Penal Code of 2014, p. 5724 South Africa’s Children’s Act 2005, Section 12(4); Zimbabwe’s Domestic Violence Act, Chapter 5:16, 2006, Section 3(1)(l); Zambia’s AntiGender Based Violence Act 2011, Section 3(1)(m)

1505

Zambia’s Anti-Gender Based Violence Act 2011, Section 3(1)(m); Mozambique’s Penal Code (Amended), Act No. 35/2014; World Bank (2020) “Compendium of international and national legal frameworks on female genital mutilation – fourth edition”, p. 63

1506

1507

BBC (2016) “Malawian ‘hyena man’ guilty of ritual sex”, https://www.bbc.com/news/world-africa-38028065; This Is Africa (2019) “‘Sexual cleansing’ and the hyena men of Malawi”, https://thisisafrica.me/politics-and-society/sexual-cleansing-hyena-men-malawi/; Chakamba, R. (2017) “Hyena man trial exposes ‘sexual cleansing’ rituals in rural Malawi”, The New Humanitarian, www.newsdeeply. com/womenandgirls/articles/2017/01/09/hyena-man-trial-exposes-sexual-cleansing-rituals-rural-malawi; SADC Gender Protocol 2019, p. 229

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315

Make Every Woman Count

1508

Save the Children (2019) “Assembleia da república aprova Lei de prevenção e combate às uniões prematuras”, https://mozambique. savethechildren.net/news/assembleia-da-rep%C3%BAblica-aprova-lei-de-preven%C3%A7%C3%A3o-e-combate-%C3%A0suni%C3%B5es-prematuras Ibid.

1509 1510 1511

Eswatini’s Children’s Protection and Welfare Act 6 of 2012, p. 18

Ibid. U.S. Department of State (2019) “2019 trafficking in persons report: Eswatini”, https://www.state.gov/reports/2019-trafficking-inpersons-report-2/eswatini/

1512

CEDAW (2018) “Consideration of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: list of issues in relation to the fourth periodic report of Botswana”, p. 3; Malawi’s National Plan of Action Against Trafficking in Persons 2017–2022; Namibia’s National Action Plan on Women Peace and Security 2019, p. 27

1513

1514

Botswana’s National Gender-Based Violence Strategy 2015–2020, https://evaw-global-database.unwomen.org/en/countries/africa/ botswana/2015/national-gender-based-violence-strategy-2015-2020

1515 1516

1517

UN Human Rights Council (2017) “Second periodic report submitted by Angola under article 40 of the Covenant, due in 2017”, para. 173

HRW (2018) “Leave no girl behind in Africa: discrimination in education against pregnant girls and adolescent mothers”, https://www. hrw.org/report/2018/06/14/leave-no-girl-behind-africa/discrimination-education-against-pregnant-girls-and#_ftn76

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 19

1518 1519

Zimbabwe’s Trafficking in Persons National Plan of Action 2016–2018, p. 10

Ibid., p. 9

1520

Republic of South Africa Department of Justice and Constitutional Development (2020) “Regulations relating to sexual offences courts”; Africa Check, “Frequently asked questions about South Africa’s sexual offences courts”, https://africacheck.org/factsheets/ frequently-asked-questions-about-south-africas-sexual-offences-courts/; Republic of South Africa Department of Justice, “List of regional courts upgraded into sexual offences courts [106 Countrywide]”, https://www.justice.gov.za/vg/sxo-SOC-list.html

Lusaka Times (2020) “President Lungu calls for the stiffen of laws against gender based violence and child defilement”, https://www. lusakatimes.com/2020/03/06/president-lungu-calls-for-the/

1521

Republic of Malawi (2014) “Malawi country report: implementation of the Beijing Declaration and Platform for Action (1995) and the outcomes of the Twenty Third Special Session of the General Assembly (2000) in the context of the twentieth anniversary of the Fourth World Conference on Women and the Adoption of the Beijing Declaration and Platform for Action 2015”, p. 33

1522

Republic of Namibia (2019) “Beijing +25: Namibia country report”, p. 51

1523

1524

UNODC (n.d.) “UNODC supports Namibia Police in addressing violence against women and children”, p. 2 Republic of Botswana (2017) “Synopsis of Botswana update on implementation of 27 September, 2015 commitments to eliminate gaps in gender equality and empowerment of women and girls”, p. 3

1525

Kingdom of Lesotho (2020) “Beijing +25 review report”, p. 46

1526 1527

UN Human Rights Council, (2018) “List of issues in relation to the second periodic report of Angola Addendum: replies of Angola to the list of issues”, para. 41

1528 1529

Daily News (2020) “Botswana Police launches GBV toll free number”, http://www.dailynews.gov.bw/news-details.php?nid=55625

Republic of Namibia (2019) “Beijing +25: Namibia country report”, p. 51 IOM (2019) “Namibia ready to combat trafficking in persons”, https://www.iom.int/news/namibia-ready-combat-trafficking-persons

1530

Republic of South Africa Department of Social Welfare (2017) “Report Abuse”, http://gbv.org.za/about-us/

1531

UNFPA Zimbabwe (2020) “Musasa expands GBV hotline under Spotlight Initiative COVID-19 response”, https://zimbabwe.unfpa.org/en/ news/musasa-expands-gbv-hotline-under-spotlight-initiative-covid-19-response

1532

CEDAW (2017) “Fourth periodic report submitted by Botswana under article 18 of the Convention, due in 2014”, p. 6; Republic of Botswana (2014) “Botswana country report on the implementation of Beijing Platform for Action (Beijing +20 Years)”, p. 59; Republic of Mozambique (2016) “Perfil de género de Moçambique”

1533

South African Government News Agency (2019) “More than 5 000 police officers trained on GBV this year”, https://www.sanews.gov. za/south-africa/more-5-000-police-officers-trained-gbv-year; WHO Zambia (2016) “WHO supports orientation of health institutional heads in the management of gender based violence survivors”, https://www.afro.who.int/news/who-supports-orientation-healthinstitutional-heads-management-gender-based-violence-survivors; COSPE et al. (2018) “Kingdom of Eswatini: CSO assessment of the implementation of follow-up recommendations”, p. 2; Republic of Namibia (2019) “Beijing +25: Namibia country report”, p. 51

1534

ZimFact (2019) “Does Parliamentary committee want to push age of sexual consent down to 12 years?”, https://zimfact.org/doesparliamentary-committee-want-to-push-age-of-sexual-consent-down-to-12-years/

1535

SADC Gender Protocol 2011, p. 40

1536

U.S. Department of State (2017) “Botswana 2017 human rights report”, p. 12

1537

Zimbabwe’s Criminal Law (Codification And Reform) Act 23/2004, p. 48

1538

SIGI, “Eswatini, 2019”, p. 2

1539

Senegal Constitution 2016, https://www.constituteproject.org/constitution/Senegal_2016.pdf?lang=en

1540

Côte d’Ivoire Constitution 2016, https://www.presidence.ci/constitution-de-2016/

1541

Guinea Projet de nouvelle constitution 2019, http://presidence.gov.gn/images/projetdenouvelleconstitution/NouvelleConstitution.pdf

1542

Ibid.

1543

Niger Constitution 2017, https://constituteproject.org/constitution/Niger_2017.pdf?lang=en

1544

Cabo Verde Constitution 2010, Article 82, https://evaw-global-database.unwomen.org/en/countries/africa/cabo-verde/2010/article-82of-the-constitution

1545

28TooMany, “FGM legislation in Guinea Bissau”, https://www.28toomany.org/country/guinea-bissau/

1546

316

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AWD Report 2020

US. Department of State (2015) “2015 country reports on human rights practices – Guinea-Bissau”, https://www.refworld.org/cgi-bin/ texis/vtx/rwmain?page=search&docid=57161260e&skip=0&query=domestic%20violence&coi=GNB

1547

28TooMany (2018) “Bénin: the law and FGM”, pp. 3-4

1548

World Bank (2020) “Compendium of international and national legal frameworks on female genital mutilation, fourth edition”, p. 36

1549

1550 1551

28TooMany (2018) “Guinea: the law and FGM”, p. 3

Cabo Verde Special Law on Gender Based Violence 2011, https://evaw-global-database.unwomen.org/en/countries/africa/caboverde/2011/the-special-law-on-gender-based-violence; Cabo Verde Law on Gender Based Violence 2011, https://evaw-globaldatabase.unwomen.org/en/countries/africa/cabo-verde/2011/law-no-84-vii-2011-on-gender-based-violence-2011 Gambia Women’s Act 2010, p. 7

1552

Gambia Sexual Offenses Act Criminalizing Sexual Violence 2014, https://evaw-global-database.unwomen.org/en/countries/africa/ gambia/2013/the-sexual-offenses-act-criminalizing-sexual-violence

1553

The Advocates (2019) “Liberia stakeholder report for the United Nations Universal Periodic Review”, p. 4

1554

Nigeria’s Violence Against Persons (Prohibition) Act 2015

1555

Republic of Sierra Leone (2019) “Country report by Sierra Leone: on implementation of the Beijing Platform for Action (1995) and the outcome of the Twenty-Third Special Session of the General Assembly (2000)”, p. 11

1556

Republic of Togo (2019) “Examen de la mise en œuvre des engagements de la Déclaration et du Programme d’action de Beijing entre 2014 et 2019”, p. 25

1557

Liberia’s Decent Work Act 2016

1558

Liberia’s Code of Conduct for Members of the Executive Branch of Government 2011, https://evaw-global-database.unwomen.org/en/ countries/africa/liberia/2012/code-of-conduct-for-members-of-the-executive-branch-of-government

1559

Togo’s Loi n° 2015-010 du 24 novembre 2015 portant nouveau Code pénal, p. 48

1560

Sierra Leone’s Sexual Offenses Act 2012

1561

Mali’s Loi 2012-23 relative a la lutte contre la traite des personnes et les pratique assimilées

1562

Nigeria’s Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015

1563

U.S. Department of State (2019) “Trafficking in persons report: Benin”, https://www.ecoi.net/en/document/2010764.html

1564

Côte d’Ivoire’s Loi n°2016-111 du 8 décembre 2016 relative à la lutte contre la traite des personnes’

1565

Republic of Cabo Verde (2019) “Cabo Verde national report: Beijing+25 on the implementation of the Beijing Declaration and platform for action”, p. 10

1566

U.S. Department of State, (2020) “Trafficking in persons report”, p. 106

1567

Ghana’s Cybersecurity Act 2020, p. 35

1568

Nwaodike, C. and Naidoo, N. (2020) “Fighting violence against women online: a comparative analysis of legal frameworks in Ethiopia, Kenya, Senegal, South Africa, and Uganda”, p. 10

1569

1570

AU (2017) “The Republic of Benin launches the AU Campaign to End Child Marriage and commemorates the Day of the African Child”

AU (2015) “Burkina Faso launches AU Campaign to End Child Marriage in Africa”

1571

1572

Girls Not Brides (2016) “The Gambia kicks off its African Union campaign to end child marriage”

WHO (2016) “Ghana launches AU Campaign to End Child Marriage”

1573

Republic of Guinea (2017) “MASPFE/UNICEF - communique de presse conjoint a l’occasion de la célébration de la journée de l’enfant africain”, https://www.gouvernement.gov.gn/index.php/component/content/article/66-actions-du-gouvs/803-mag-madamejacqueline-sultan-ministre-de-lagriculture-lance-la-3e-edition-de-la-journee-du-paysan-a-kindia

1574

Girls Not Brides (2017) “Liberia launches the African Union Campaign to End Child Marriage”

1575

AU (2015) “The Republic of Mali launches AU Campaign to End Child Marriage in Africa”

1576

AU (2014) “The Republic of Niger launches AU Campaign to End Child Marriage in Africa”

1577

VOA (2016) “Nigeria Joins AU Campaign to End Child Marriage”

1578

Girls Not Brides (2016) “Senegal launches African Union campaign to end child marriage”

1579

Girls Not Brides (2016) “Sierra Leone launches African Union campaign on child marriage”

1580

Girls Not Brides, “Mali”, https://www.girlsnotbrides.org/child-marriage/mali/

1581

SIGI, “Niger, 2019”, p. 2

1582

Girls Not Brides, “Togo”, https://www.girlsnotbrides.org/child-marriage/togo/

1583

Republic of Togo (2019) “Examen de la mise en œuvre des engagements de la Déclaration et du Programme d’action de Beijing Entre 2014 et 2019”, p. 17

1584

Benin’s National Policy for the Advancement of Women and Gender Equality 2009–2016, https://evaw-global-database.unwomen.org/ en/countries/africa/benin/2009/the-national-policy-for-the-advancement-of-women-and-gender-equality-2009-2016

1585

Republic of Burkina Faso, “Points d’accueil et fonctionnaires spécialisés au sein de la police dans la violence à l’égard des femmes’’, https://evaw-global-database.unwomen.org/en/countries/africa/burkina-faso/2011/points-d-accueil-et-fonctionnaires-specialises-ausein-de-la-police

1586

Republic of Benin (2010) “Training of members of the judiciary in procedures for supporting victims and survivors”, https://evawglobal-database.unwomen.org/en/countries/africa/benin/2010/training-of-members-of-the-judiciary-in-procedures-for-supportingvictims-and-survivors

1587

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the ninth periodic report of Cabo Verde”, p. 5

1588

Republic of Nigeria (2019) “National Beijing+25 review”, p. 38

1589

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317

Make Every Woman Count

Republic of the Gambia (2010) “Training health professionals to provide care to survivors of female genital mutilation or cutting”, https://evaw-global-database.unwomen.org/en/countries/africa/gambia/2010/training-health-professionals-to-provide-care-tosurvivors-of-female-genital-mutilation-or-cutting

1590

Republic of Liberia (2019) “Beijing+25 national review report”, p. 19

1591

1592 1593

SIGI, “Sierra Leone, 2019”, p. 5

Republic of Sierra Leone (2019) “Government report by Sierra Leone: on implementation of the Beijing Platform for Action (1995) and the outcome of the Twenty-Third Special Session of the General Assembly (2000)”, p. 58 Republic of Senegal (2019) “Rapport national de la mise en œuvre de la Déclaration et du programme d’Action de Beijing+25 du Sénégal”, pp. 6, 42

1594

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995: rapport Beijing +25”, p. 11

1595

1596

1597

Senegal’s Loi Base No. 65060 du juillet 1965 portant Code pénal, pp. 48–49 Niger’s Code pénal 2003 tel qu’amendé par la loi, p. 52

1598

Burkina Faso’s Loi n°025-2018/AN portant code pénal’

1599

OHCHR (2020) “Mali: failure to criminalise FGM a violation of women’s fundamental rights – UN experts”, https://www.ohchr.org/EN/ NewsEvents/Pages/DisplayNews.aspx?NewsID=25993&LangID=E

1600

Republic of Liberia (2019) “Beijing+25 national review report”, p. 24

1601

SIGI, “Liberia, 2019”, p. 5

1602 1603

SIGI, “Nigeria, 2019”, p. 8 Sierra Leone’s Child Right Act 2007, Article 33, p. 17

1604

1605

Côte d’Ivoire’s Loi n°2019-574 portant Code pénal

1606

Liberia’s Equal Rights of the Customary Marriage Law 1998

1607

1608

Togo’s Loi portant modification du code des personnes et de la famille 2020, Article 43, p. 8 UNICEF, “29 countries, more than 125 million girls and women”

1609

BBC News (2020) “Sudan criminalizes female genital mutilation”, https://www.bbc.com/news/world-africa-52502489

1610

UNICEF (2020) “Sudan bans female genital mutilation, UNICEF vows to help support the new law”, https://www.un.org/africarenewal/ news/sudan-bans-female-genital-mutilation-unicef-vows-help-support-new-law

1611

Malik, N. (2019) “Omar al-Bashir is gone. It was Sudan’s 30 years of anger that ousted him”, The Guardian, https://www.theguardian. com/commentisfree/2019/apr/11/omar-al-bashir-sudan-ousted-regime-president

1612

Jacinto, L. (2019) “Women lead the charge, and chants, in Sudan protests”, France 24, https://www.france24.com/en/20190411-sudanwomen-take-lead-protests-rights-overthrow-islamist-bashir

1613

Ibid.

1614

Mohamed, H. (2019) “Sudan’s female protestors leading the pro-democracy movement”, Aljazeera, https://www.aljazeera.com/ news/2019/04/sudan-women-protesters-leading-pro-democracy-movement-190423134521604.html

1615

UNICEF (2020) “Sudan enters a new era for girls rights with criminalization of FGM”, https://www.unicef.org/mena/press-releases/ sudan-enters-new-era-girl-rights-criminalization-fgm

1616

UNICEF, “Saleema Initiative: the right to a girlhood”, https://www.unicef.org/sudan/saleema-initiative

1617

UNICEF (2020) “Sudan enters a new era for girls rights with criminalization of FGM”, https://www.unicef.org/mena/press-releases/ sudan-enters-new-era-girl-rights-criminalization-fgm

1618

Evans, W.D. et al. (2019) “The Saleema Initiative in Sudan to abandon female genital mutilation: outcomes and dose response effects”, p. 1

1619

UNICEF, “Saleema Initiative: the right to a girlhood”, https://www.unicef.org/sudan/saleema-initiative

1620

Ibid.

1621

UNFPA, “Child marriage”, https://www.unfpa.org/child-marriage

1622

HRW (2015) “Ending child marriage in Africa”, https://www.hrw.org/news/2015/12/09/ending-child-marriage-africa

1623

Ibid.

1624

UNFPA, “Child marriage”, https://www.unfpa.org/child-marriage

1625

Ibid.

1626

AU (2017) “President Lungu briefed on the progress made in Camapign to end Child Marriage in Africa”, https://au.int/en/ pressreleases/20170620/president-lungu-briefed-progress-made-camapign-end-child-marriage-africa

1627

AU (2013) “Campaign to End Child Marriage in Africa: Call to Action”, p. 6

1628

Ibid.

1629

Ibid., p. 7

1630

Girls Not Brides (2017) “African Union extends Campaign to End Child Marriage Until 2017”, https://www.girlsnotbrides.org/africanunion-extends-campaign-to-end-child-marriage-until-2017/

1631

Girls Not Brides (2015) “The African Union Campaign to End Child Marriage: what next? Girls Not Brides members from across Africa speak as one”, www.girlsnotbrides.org/african-union-campaign-end-child-marriage-next-girls-not-brides-members-across-africaspeak-one/

1632

318

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AWD Report 2020

AU Zero Draft Strategic Direction for the AU Campaign to End Child Marriage in Africa 2019–2023), pp. 12–13

1633

PeaceWomen, “The Resolutions”, http://www.peacewomen.org/why-WPS/solutions/resolutions

1634

UNDP (2017) “Income inequality trends in sub-Saharan Africa: divergence, determinants and consequences”, p. 10

1635

AU (2017) ‘Remarks by the Commissioner for Peace and Security at the United Nations Security Council Open Debate on the Maintenance of International Peace and Security: Trafficking of Persons in Conflict Situations: 21 November 2017”, https://www. peaceau.org/en/article/remarks-by-the-commissioner-for-peace-and-security-at-the-unsc-open-debate-on-the-maintenance-ofinternational-peace-and-security-trafficking-of-persons-in-conflict-situations-21-november-2017

1636

Ibid.

1637

Vision for Humanity Global Peace Index 2020, https://www.visionofhumanity.org/maps/#/

1638

O’Reilly, M. et al. (2015) “Reimagining peacemaking: women’s roles in peace processes”

1639

Nilsson, D. (2012) “Anchoring the Peace: Civil Society Actors in Peace Accords and Durable Peace, International Interactions, 38:2, 243-

1640

Oluwaniyi O.O. (2019) “Women’s roles and positions in African wars”, in Yacob-Haliso O. and Falola T. (eds) “The Palgrave handbook of African women’s studies”

1641

1642

Committee on the Elimination of Discrimination Against Women General Recommendation No. 30 on Women in Conflict Prevention, Conflict and Post-Conflict Situations, 1 November 2013 CEDAW/C/GC/30

AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003

1643

AUC Continental Results Framework: Monitoring and Reporting on the Implementation of the Women, Peace and Security Agenda in Africa 2018–2028

1644

UN Peacekeeping (2018) “UN chief advocates for a strengthening of peacekeeping in Africa”, https://peacekeeping.un.org/en/un-news/ un-chief-advocates-strengthening-of-peacekeeping-africa

1645

EPON (2018) “Assessing the African Union Mission in Somalia”

1646

Assembly/AU/Draft/Dec.21(XXIX)

1647

Limo, I. (2018) “What do networks of women mediators mean for mediation support in Africa”, https://www.accord.org.za/conflicttrends/what-do-networks-of-women-mediators-mean-for-mediation-support-in-africa/

1648

Zimbabwe Constitution 2013 (rev. 2017), https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en

1649

Somalia Constitution 2012, https://www.constituteproject.org/constitution/Somalia_2012?lang=en

1650

Sudan Constitution 2019, https://www.constituteproject.org/constitution/Sudan_2019?lang=en

1651

UNICEF (2020) “United Nations welcomes the launch of Sudan National Action Plan on Women Peace and Security”, https://www. unicef.org/sudan/press-releases/united-nations-welcomes-launch-sudan-national-action-plan-women-peace-and-security

1652

Odanović, G. (2013) “The role of CSOs in monitoring and evaluating National Action Plan (NAP) for implementation of UNSCR 1325”, https://www.files.ethz.ch/isn/168045/the_role_of_csos_in_monitoring.pdf

1653

1654

APRM (2020) “Governance, gender and peacebuilding”

Davi, T. (2020) “The Special Criminal Court in the Central African Republic: an update”, http://ohrh.law.ox.ac.uk/the-special-criminalcourt-in-the-central-african-republic-an-update/

1655

Ibid.

1656

APRM (2020) “Governance, gender and peacebuilding”

1657

Chivasa, N. (2019) “Building peace through local peace committees: African experiences”, M. Hove and G. Harris (eds) “Infrastructures for peace in sub-Saharan Africa”

1658

Chad Constitution 2018

1659

DR Congo Constitution 2011, Article 15

1660

Central African Republic Constitution 2016, Articles 3, 7

1661

Communiqué conjoint entre la République centrafricaine et l’Organisation des Nations Unies 2019, https://www.un.org/ sexualviolenceinconflict/wp-content/uploads/2019/05/joint-communique/joint-communique-of-the-central-african-republicand-the-united-nations-on-prevention-and-response-to-crsv/20190531-Joint-Communique-of-Govt-of-CAR-and-UN.pdf; Joint Communiqué of the Government of the Central African Republic and the United Nations on Addressing Conflict-Related Sexual Violence, https://www.un.org/sexualviolenceinconflict/joint-communique/with-the-government-of-the-central-african-republic/

1662

Addendum au communiqué conjoint sur les violences sexuelles liees au conflit entre la republique democratique du congo et lorganisation des nations unies 2019, www.un.org/sexualviolenceinconflict/wp-content/uploads/2019/12/joint-communique/ addendum-au-communique-conjoint-sur-les-violences-sexuelles-liees-au-conflit-entre-la-republique-democratique-du-congo-etlorganisation-des-nations-unies/RDC.pdf

1663

1664

1665

UN Peacekeeping (2020) “Leaders and changemakers women shaping peace: women, peace and security highlights of UN peacekeeping in 2019”, p. 4, https://peacekeeping.un.org/sites/default/files/dpo_wps_2019_digital_1.pdf

1666

UNSC (2019) “Women and peace and security: report of the Secretary-General”, p. 7, https://www.securitycouncilreport.org/atf/ cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_2019_800.pdf

1667

UN Peacekeeping (2020) “Women wage peace — visualizing progress on action for peacekeeping”, https://www.un.org/africarenewal/ news/women-wage-peace-%E2%80%94-visualizing-progress-action-peacekeeping

1668

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319

Make Every Woman Count

1669

UNSC (2019) “Political agreement for peace and reconciliation in the Central African Republic”, Article 1, Article 5, https://undocs.org/ en/S/2019/145

1670

1671

1672

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 23

2.1 Accord de cessation des hostilités en République Centrafricaine (Brazzaville Agreement on Cessation of Hostilities) 2014, https:// www.peaceagreements.org/wview/818/Accord%20de%20cessation%20des%20hostilit%C3%A9s%20en%20R%C3%A9publique%20 Centrafricaine%20(Brazzaville%20Agreement%20on%20Cessation%20of%20Hostilities

1673

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 23

1674

Outcome Documents from the Conclusion of the Kampala Dialogue between the Government of the Democratic Republic of the Congo and the M23 (2013), p. 5, https://www.peaceagreements.org/viewmasterdocument/793

1675

Global and Inclusive Political Agreement of the Interdiocesan Center of Kinshasa 2016, pp. 8, 10, https://www.peaceagreements.org/ viewmasterdocument/1913

1676

Cameroon’s National Action Plan 2018–2020, https://www.peacewomen.org/action-plan/national-action-plan-cameroon

1677

1678

1679

DR Congo’s National Action Plan 2019–2022, p. 28, https://www.peacewomen.org/sites/default/files/DRC%20NAP%202019%20(English). pdf

Democratic Republic of Congo (2019) “Rapport du gouvernement de la République démocratique du Congo sur l’application de la Déclaration Beijing”, p. 48 UN Peacekeeping (2019) “United Nations officials welcome the signing of an Action Plan to fight sexual violence by the Congolese National Police”, https://peacekeeping.un.org/en/united-nations-officials-welcome-signing-of-action-plan-to-fight-sexual-violencecongolese-national

1680

Cameroon’s Strategie nationale de lutte contre les violences basées sur le genre 2017–2020, http://www.minproff.cm/wp-content/ uploads/2015/05/STRATEGIE-NATIONALE-CONTRE-LES-VBG-2017-2020.pdf

1681

Ibid.

1682

Team of Experts: Rule of Law/Sexual Violence in Conflict (2015) “Annual report 2015”, p. 15, www.un.org/sexualviolenceinconflict/wpcontent/uploads/report/team-of-experts-annual-report-2015/TOE-ANNUAL-REPORT-2015.pdf

1683

1684

Ibid. Human Rights Council (2017) “Report of the Independent Expert on the situation of human rights in the Central African Republic”, p. 10

1685

Human Rights Committee (2020) “Concluding observations on the third periodic report of the Central African Republic”, p. 3, https:// tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/CAF/CO/3&Lang=En

1686

Human Rights Council (2018) “Report of the Independent Expert on the situation of human rights in the Central African Republic”, p. 9,

1687

UN (2020) “Conflict-related sexual violence: Report of the United Nations Secretary-General”, p. 11, www.un.org/ sexualviolenceinconflict/wp-content/uploads/2020/07/report/conflict-related-sexual-violence-report-of-the-united-nations-secretarygeneral/2019-SG-Report.pdf

1688

Human Rights Committee (2020) “Concluding observations on the third periodic report of the Central African Republic”, p. 2, https:// tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/CAF/CO/3&Lang=En

1689

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e Anniversaire du Programme et de la Plateforme d’action de Beijing”, p. 64

1690

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, pp. 22–23, https://www.un.org/en/africa/osaa/pdf/ pubs/2016womenpeacesecurity-auc.pdf

1691

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing + 25”, p. 66

1692

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e anniversaire du Programme et de la Plateforme d’Action de Beijing”, p. 64

1693

Human Rights Council (2018) “A/HRC/39/70 report of the Independent Expert on the situation of human rights in the Central African Republic”, p. 1, https://www.ecoi.net/en/file/local/1443565/1930_1537268040_g1824750.pdf

1694

U.S. Department of State (2019) “Country reports on human rights practices: Burundi”, https://www.state.gov/reports/2019-countryreports-on-human-rights-practices/burundi/

1695

Republic of Cameroon (2019) “Rapport de l’état du Cameroun au titre du 25e Anniversaire du Programme et de la Plateforme d’action de Beijing”, p. 64

1696

Democratic Republic of Congo (2019) “Rapport du gouvernement de la République démocratique du Congo sur l’application de la Déclaration Beijing”, pp. 38–39

1697

Human Rights Committee (2019) “Concluding observations on Equatorial Guinea in the absence of its initial report”, p. 2, https:// tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En

1698

Central African Republic (2019) “Rapport national de la mise en œuvre du programme d’Action et la Déclaration de Beijing+25”, p. 15, https://www.unwomen.org/-/media/headquarters/attachments/sections/csw/64/national-reviews/central_african_republic. pdf?la=en&vs=5122

1699

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing + 25”, pp. 59–60

1700 1701

Republic of Equatorial Guinea (2019) “Informe nacional de Guinea Ecuatorial”, p .35, https://www.unwomen.org/-/media/headquarters/ attachments/sections/csw/64/national-reviews/equatorial%20guinea.pdf?la=en&vs=111 PeaceWomen (2020) “Monitoring progress and looking ahead: interactive stock-taking on high level commitments made on women, peace and security ahead of the 20th Anniversary of 1325”, pp. 66–67, https://www.peacewomen.org/sites/default/files/20200211%20 matrix%20updates%20on%20commitments.pdf

1702

320

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1703

Cameroon’s National Action Plan for the 1325 Resolution and companion resolutions of the United Nations Security Council on women, peace and security 2018–2022, https://www.peacewomen.org/sites/default/files/Cameroon%202018%20(English).pdf

1704

Committee on the Elimination of Discrimination Against Women (2019) “Concluding observations on the eighth periodic report of the Democratic Republic of the Congo”, p. 3, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download. aspx?symbolno=CEDAW/C/COD/CO/8&Lang=En UN Peacekeeping (2020) “Leaders and changemakers women shaping peace: women, peace and security highlights of UN Peacekeeping in 2019”, p. 7, https://peacekeeping.un.org/sites/default/files/dpo_wps_2019_digital_1.pdf

1705

MINUSCA, “Mandate”, https://minusca.unmissions.org/en/mandate; “About”, https://minusca.unmissions.org/en/about

1706

MONUSCO, “Mandate”, https://monusco.unmissions.org/en/mandate

1707

NGO Working Group on Women, Peace and Security, “Central African Republic”, https://www.womenpeacesecurity.org/region/centralafrican-republic/?wpv-pub-year=2020&wpv_aux_current_post_id=25646&wpv_aux_parent_post_id=22939&wpv_view_count=22941CATTRa601c7039dec91d211e2202610668ea0; “Democratic Republic of the Congo”, https://www.womenpeacesecurity.org/region/ democratic-republic-of-the-congo/; UN (2020) “Conflict-related sexual violence: Report of the Secretary-General”, pp. 10, 15, https:// www.un.org/sexualviolenceinconflict/wp-content/uploads/2020/07/report/conflict-related-sexual-violence-report-of-the-unitednations-secretary-general/2019-SG-Report.pdf

1708

UN (2020) “Conflict-related sexual violence: Report of the Secretary-General”, p. 15, https://www.un.org/sexualviolenceinconflict/wpcontent/uploads/2020/07/report/conflict-related-sexual-violence-report-of-the-united-nations-secretary-general/2019-SG-Report.pdf

1709

Ibid., p. 3

1710

Ibid., p. 45

1711

Human Rights Council (2017) “Report of the Commission of Inquiry on Burundi”, pp. 1–4, https://www.ohchr.org/Documents/HRBodies/ HRCouncil/CoIBurundi/ReportHRC39/A_HRC_39_63_EN.pdf

1712

UNHCR, “Burundi situation”, https://www.unhcr.org/en-us/burundi-situation.html

1713

Human Rights Council (2017) “Report of the Commission of Inquiry on Burundi”, p. 1, https://www.ohchr.org/Documents/HRBodies/ HRCouncil/CoIBurundi/ReportHRC39/A_HRC_39_63_EN.pdf

1714

Human Rights Council (2019) “Report of the Commission of Inquiry on Burundi* , **”, pp. 1, 9, https://undocs.org/en/A/HRC/42/49; Human Rights Council (2018) “Report of the Commission of Inquiry on Burundi*”, p. 10, https://www.ohchr.org/Documents/HRBodies/ HRCouncil/CoIBurundi/ReportHRC39/A_HRC_39_63_EN.pdf

1715

Ibid., p. 10

1716

Médecins Sans Frontières (nd) “Lake Chad crisis”, https://www.msf.org/lake-chad-crisis-depth

1717

ICG (2016) “Cameroon: confronting Boko Haram”, Africa Report 241, p. 11, https://d2071andvip0wj.cloudfront.net/241-cameroonconfronting-boko-haram_1.pdf

1718

UN Peacekeepin (2020) “Women wage peace — visualizing progress on action for peacekeeping”, https://www.un.org/africarenewal/ news/women-wage-peace-%E2%80%94-visualizing-progress-action-peacekeeping

1719

Burundi’s Plan d’Action National 2017–2021 pour la mise en œuvre de la Résolution 1325 du Conseil de sécurité des nations unies pour les femmes, la paix et la sécurité, p. 5, https://www.peacewomen.org/sites/default/files/PAN%20%20DE%20LA%20R1325%20PDF%20(1). pdf

1720

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, pp. 22–23

1721

1722

Global Network of Women Peacebuilders (2011) “Security Council Resolution 1325: civil society monitoring report – Democratic Republic of Congo”, p. 96, https://www.peacewomen.org/sites/default/files/drc_cso_report_2011.pdf

DR Congo’s National Action Plan for Implementing United Nations Security Council Resolution 1325 on Women, Peace and Security, 2nd Generation 2019–2022, p. 6, https://www.peacewomen.org/sites/default/files/DRC%20NAP%202019%20(English).pdf

1723

Somalia Constitution 2012, p. 46, http://hrlibrary.umn.edu/research/Somalia-Constitution2012.pdf

1724

Sudan Constitution 2019, https://www.constituteproject.org/constitution/Sudan_2019.pdf?lang=en

1725

UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “South Sudan”, https://www.un.org/ sexualviolenceinconflict/countries/south-sudan/

1726

1727

UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “Sudan (Darfur)”, https://www.un.org/ sexualviolenceinconflict/countries/sudan-darfur/ Rwanda’s National Action Plan 2018–2022, http://peacewomen.org/nap-rwanda

1728

Kagire, E. (2020) “Meet the women raising Rwanda’s flag high in peacekeeping world”, https://www.ktpress.rw/2020/05/meet-thewomen-raising-rwandas-flag-high-in-peacekeeping-world/

1729

SARDC (2018) “SADC develops regional strategy on women, peace and security”, www.sardc.net/en/southern-african-newsfeatures/5787/

1730

UNECA (2019) “Seychelles: national comprehensive review 2019”, p. 4

1731

Uganda’s Action Plan on UN Security Council Resolutions 1325 & 1820 and The Goma Declaration, p. 22, https://www.peacewomen. org/sites/default/files/uganda_nationalactionplan_december2008.pdf

1732

Lieberman, A. (2019) “Sudanese women urge gender balance in country’s peace process”, https://www.devex.com/news/sudanesewomen-urge-gender-balance-in-country-s-peace-process-95961

1733

UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “South Sudan”, https://www.un.org/ sexualviolenceinconflict/countries/south-sudan/

1734

United Republic of Tanzania (2019) “Country report on the review and progress made in implementation of the Beijing Declaration and Platform for Action – Beijing +25”, p. 81, https://www.unwomen.org/-/media/headquarters/attachments/sections/csw/64/nationalreviews/united-republic-of-tanzania-en.pdf?la=en&vs=711

1735

Ibid., p. 82

1736

AU (2019) “Implementation of the women, peace and security agenda in Africa”, p. 15

1737

Ibid., p. 16

1738

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Rwanda’s National Action Plan 2018–2022 for the Implementation of the United Nations Security Council Resolutions 1325 (2000) and Subsequent Resolutions, p. 21, https://gnwp.org/wp-content/uploads/Rwanda-NAP-2-2018-2022.pdf

1739

UN (2019) “Security Council urges recommitment to women, peace, security agenda, unanimously adopting Resolution 2493 (2019)”, https://www.un.org/press/ en/2019/sc13998.doc.htm

1740

1741

GIWPS (2019) “Women’s participation in informal peace processes”, p. 9, https://giwps.georgetown.edu/wp-content/uploads/2019/08/Women%E2%80%99sParticipation-in-Informal-Peace-Processes-.pdf Okiror, S. (2017) “Ugandan soldiers accused of rape and assault to face court martial”, The Guardian, www.theguardian.com/global-development/2017/jun/06/ ugandan-soldiers-accused-of-rape-and-assault-to-face-court-martial-human-rights-watch-report

1742

Council on Foreign Relations, “Sudan: 2020 current peace effort”, www.cfr.org/womens-participation-in-peace-processes/sudan-0

1743

Rwanda’s National Action Plan 2018–2022 for the Implementation of the United Nations Security Council Resolutions 1325 (2000) and Subsequent Resolutions, https://gnwp.org/wp-content/uploads/Rwanda-NAP-2-2018-2022.pdf

1744

Council on Foreign Relations, “Sudan: 2020 current peace effort”, www.cfr.org/womens-participation-in-peace-processes/sudan-0

1745

PeaceWomen (2014) “Uganda: Ugandan women military, police officers demand gender equality”, http://peacewomen.org/content/uganda-ugandan-womenmilitary-police-officers-demand-gender-equality#:~:text=In%20the%20Uganda%20Peoples’%20Defence,one%20brigadier%20and%20two%20colonels

1746

Council on Foreign Relations, “Sudan: 2020 current peace effort”, www.cfr.org/womens-participation-in-peace-processes/sudan-0

1747

Federal Democratic Republic of Ethiopia (2000) “The implementation of the Beijing Declaration and Platform for Action”, p. 28, https://www.uneca.org/sites/ default/files/uploaded-documents/Beijing20/NationalReviews/natl_review_ethiopia_-_eng.pdf

1748

Ibid.

1749

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 33

1750

GIWPS (2019) “Women’s participation in informal peace processes”, p. 5, https://giwps.georgetown.edu/wp-content/uploads/2019/08/Women’s-Participation-inInformal-Peace-Processes-.pdf

1751

AUC (2016) “Implementation of the women, peace, and security agenda in Africa”, p. 20

1752

Rwanda’s National Action Plan 2018–2022 for the Implementation of the United Nations Security Council Resolutions 1325 (2000) and Subsequent Resolutions, pp. 7–8, https://gnwp.org/wp-content/uploads/Rwanda-NAP-2-2018-2022.pdf

1753

Council on Foreign Relations, “Sudan: 2020 current peace effort”, www.cfr.org/womens-participation-in-peace-processes/sudan-0

1754

UN Tanzania (2020) “High-Level Dialogue on the Role of Tanzanian Women in Peace and Security Operations”, https://tanzania.un.org/en/37270-high-leveldialogue-role-tanzanian-women-peace-and-security-operations

1755

Al Jazeera (2016) “Somalia: the forgotten story”, https://www.aljazeera.com/programmes/aljazeeraworld/2016/10/somalia-forgotten-story-161027115655140.html

1756

U.S. Department of Justice (2018) “Country policy and information note Somalia: women fearing gender-based violence”, p. 5, https://www.justice.gov/eoir/page/ file/1051701/download

1757

UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “South Sudan”, https://www.un.org/sexualviolenceinconflict/ countries/south-sudan/

1758

UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “Sudan (Darfur)”, https://www.un.org/sexualviolenceinconflict/ countries/sudan-darfur/

1759

Republic of South Sudan (2019) “National review of the implementation of the Beijing Declaration and Platform for Action (1995)”, p. 82, https://www.unwomen. org/-/media/headquarters/attachments/sections/csw/64/national-reviews/south%20sudan.pdf?la=en&vs=5535

1760

Republic of Seychelles (2019) “National comprehensive review 2019”, p. 34

1761

HRW (2014) “Here, rape is normal”, www.hrw.org/report/2014/02/13/here-rape-normal/five-point-plan-curtail-sexual-violence-somalia

1762

UNSOM (2020) “UN calls for more action to eliminate conflict-related sexual violence in Somalia”, https://unsom.unmissions.org/un-calls-more-action-eliminateconflict-related-sexual-violence-somalia

1763

Sudan’s Framework of Cooperation on the Prevention and Response to Sexual Violence in Conflict 2020, https://www.un.org/sexualviolenceinconflict/wpcontent/uploads/2020/03/Signed-Framework-of-Cooperation-with-Sudan.pdf

1764

Republic of Mauritius (2014) “National review of the implementation of the Beijing Declaration and Platform for Action”, https://www.uneca.org/sites/default/files/ uploaded-documents/Beijing20/NationalReviews/mauritius_beijing_review_report_0.pdf

1765

Sahrawi Republic Constitution 2015, https://www.usc.gal/export9/sites/webinstitucional/gl/institutos/ceso/descargas/RASD_Constitution-of-SADR-2015_en.pdf

1766

Egypt Constitution 2014 (rev 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

1767

Libya Constitution 2016 (draft of 2 mar ), https://www.constituteproject.org/constitution/Libya_2016D?lang=en

1768

Libyan Political Agreement 2015, https://peacemaker.un.org/sites/peacemaker.un.org/files/LY_151207_PoliticalAgreement.pdf

1769

Libya (2019) “Libya national report – 2019 review – implementation of the Beijing Declaration and Plan of Action”, p. 10

1770 1771

Ibid., p. 18 Danish Immigration Service (2019) “Morocco: protection and assistance to victims of human trafficking”, p. 13

1772 1773

Republic of Tunisia (2014) “Report of the Republic of Tunisia on Beijing Declaration and Platform for Action (BPfA) + 25”, p. 43

CCPA (2019) “CCPA to develop Egypt’s first National Action Plan on Women, Peace and Security”, www.cccpa-eg.org/news-details/226

1774

1775 1776

USIP (2016) “UNSCR 1325 in the Middle East and North Africa: women and security”, p. 9

UN Women (2019) “UN Women praises the decision of the government of Egypt to develop the country’s first National Action Plan on UNSCR 1325 on Women Peace and Security”, https://egypt.unwomen.org/en/news-and-events/stories/2019/05/women-peace-and-security

USIP (2016) “UNSCR 1325 in the Middle East and North Africa: women and security”, p. 13

1777

Ibid.

1778

Ibid.

1779

Ibid., p. 7

1780

SADC Gender and Development Protocol 2016, Article 28, https://genderlinks.org.za/wp-content/uploads/2016/01/ADOPTED-REVISED-PROTOCOL-ON-GAD.pdf

1781

APRM (2010) “Mozambique country review report no. 11”

1782

322

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Zimbabwe’s National Peace and Reconciliation Commission Act 2018, Chapter 10:32, https://zimlii.org/zw/legislation/act/2017/11

1783

National Peace and Reconciliation Commission, “Secretariat”, http://www.nprc.org.zw/secretariat/

1784

Angola’s Lei nº 10 de 2015, Lei do direito de asilo e do estatuto de refugiado, https://www.refworld.org/docid/3ae6b4df8.html

1785

Mozambique’s National Action Plan on Women, Peace and Security 2018–2022, https://www.peacewomen.org/sites/default/files/ Mozambique%20NAP%20(2018-2022).pdf

1786

Ibid., p. 13

1787

PeaceWomen, “National-level implementation, https://www.peacewomen.org/member-states

1788

Angola’s Decreto presidencial nº 143/17 de 26 de Junho 2017, Plano de acção para a implementação da Resolução 1325 do Conselho de Segurança das Nações Unidas sobre Mulheres, Paz e Segurança, https://gnwp.org/wp-content/uploads/Angola-NAP-.pdf

1789

1790

Ibid.

Mozambique’s National Action Plan on Women, Peace and Security 2018–2022, https://www.peacewomen.org/sites/default/files/ Mozambique%20NAP%20(2018-2022).pdf.

1791

Ibid.

1792

Frey, E .(2018) “Mozambique New policy aims for more women in government, attention to needs”, Club of Mozambique, https:// clubofmozambique.com/news/mozambique-new-policy-aims-for-more-women-in-government-attention-to-needs/

1793

Namibia’s National Action Plan 2019–2024, https://www.peacewomen.org/action-plan/national-action-plan-namibia

1794

Namibia’s National Gender Policy 2010–2020, p. 42, http://www.africanchildforum.org/clr/policy%20per%20country/namibia/namibia_ gender_2010-2020_en.pdf; Namibia’s National Action Plan 2019–2024, https://www.peacewomen.org/action-plan/national-actionplan-namibia

1795

UNDP (2017) “Malawi commemorates international Day of Peace, launches National Peace Policy”

1796

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 15

1797

Kingdom of Lesotho (2020) “Report of Lesotho government Beijing +25 review report”, p. 48, https://www.unwomen.org/-/media/ headquarters/attachments/sections/csw/64/national-reviews/lesotho.pdf?la=en&vs=1401

1798

SALC (2019) “Lesotho’s 3rd Universal Periodic Review 35th Session (Jan-Feb 2020) – joint submission by Southern Africa Litigation Centre with assistance by Lesotho Federation of Women Lawyers (FIDA)”, www.southernafricalitigationcentre.org/2019/07/03/salcshadow-report-lesothos-3rd-universal-periodic-review-35th-session-jan-feb-2020/

1799

ACLED, “Dashboard”, https://acleddata.com/dashboard/#/dashboard

1800 1801

UN Women (2011) “2011-2012 progress of the world’s women: in pursuit of justice”, https://www.unwomen.org/-/media/headquarters/ attachments/sections/library/publications/2011/progressoftheworldswomen-2011-en.pdf?la=en&vs=2835 SADC Gender Protocol 2017 Barometer, p. 55, http://genderlinks.org.za/wp-content/uploads/2016/01/Baro-2017-Ch8-Peace-buildingand-conflict-resolution.pdf

1802

1803

Namibia’s National Action Plan 2019–2024, https://www.peacewomen.org/action-plan/national-action-plan-namibia SADC Gender and Development Monitor 2016, p. 73, https://www.sadc.int/files/8415/0340/7935/SGDM_2016_ENGLISH.pdf; SADC Secretariat Gender Protocol 2014 Barometer, p. 279

1804

SADC Gender and Development Monitor 2016, p. 73, https://www.sadc.int/files/8415/0340/7935/SGDM_2016_ENGLISH.pdf; SADC Gender Protocol 2014 Barometer, p. 279; Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 60

1805

Ibid.

1806

CEDAW (2014) “Consideration of reports submitted by States parties under article 18 of the Convention – seventh periodic report of States parties due in 2014: Malawi”, p. 12

1807

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 63; Republic of Botswana, “Female officer cadets”

1808

Republic of Malawi (2019) “National review on the Beijing + 25: twenty-fifth anniversary of the Beijing Declaration and Platform for Action (1995)”, p. 63

1809

Daily News (2015) “BDF recruits first women private”, http://www.dailynews.gov.bw/news-details.php?nid=17321

1810

CEDAW (2014) “Consideration of reports submitted by States parties under article 18 of the Convention – seventh periodic report of States parties due in 2014: Malawi”, p. 12

1811

Chipunza, P.(2013) “First female Brig-Gen speaks”, The Herald, https://www.herald.co.zw/first-female-brig-gen-speaks/

1812

Namibia’s National Action Plan 2019–2024, https://www.peacewomen.org/action-plan/national-action-plan-namibia

1813

UN Women (2015) “Preventing conflict, transforming justice, securing the peace”, p. 137, https://www.peacewomen.org/sites/default/ files/UNW-GLOBAL-STUDY-1325-2015%20(1).pdf

1814

Ibid., p. 139

1815

Fisher, M. (2013) “Map: which countries allow women in front-line combat roles?”, Washington Post, https://www.washingtonpost.com/ news/worldviews/wp/2013/01/25/map-which-countries-allow-women-in-front-line-combat-roles/

1816

defenceWeb (2019) “Women advancing in the SANDF”, https://www.defenceweb.co.za/featured/women-advancing-in-the-sandf/

1817

SADC Gender Protocol 2014 Barometer, p. 278

1818

SADC Gender Protocol 2011, p. 239, https://www.sadc.int/files/3113/5435/5263/SADCGenderBarometer_2011.pdf; SADC Gender Protocol 2017 Barometer, p. 54, genderlinks.org.za/wp-content/uploads/2016/01/Baro-2017-Ch8-Peace-building-and-conflictresolution.pdf

1819

UN Peacekeeping (June 2020) “Contributions by country (ranking)”, https://peacekeeping.un.org/en/troop-and-police-contributors

1820

Ibid.

1821

Ibid.

1822

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Namibia’s National Action Plan 2019–2024, https://www.peacewomen.org/action-plan/national-action-plan-namibia

1823

1824

LAC (2017) “Namibia gender analysis 2017”, p. 31, https://www.lac.org.na/projects/grap/Pdf/Namibia_Gender_Analysis_2017.pdf UN Peacekeeping (June 2020), “Contributions by Country (Ranking)”, https://peacekeeping.un.org/en/troop-and-police-contributors

1825

AU Office of the Special Envoy on Women, Peace and Security (2016) “Implementation of the women, peace, and security agenda in Africa”

1826

Mubita, F. (2016) “The training, role and challenges of female peacekeepers: experiences of peacekeepers from the Zambia Police Service and the Zambia Army”, p. 99

1827

Ibid., p. 84

1828 1829

Ibid., p. 99 Ibid., p. 59

1830

Matakala, M. J. (2015) “Sexual harassment and experiences of female soldiers on the peace keeping operations: a case of Mushili and Kalewa Barracks, Zambia”, http://dspace.unza.zm/handle/123456789/4190

1831

South African Police Force, “Common law offences and definitions”, https://www.saps.gov.za/faqdetail.php?fid=9

1832

Saba, A. and Jika, T. (2019) “SANDF sexual abuse and exploitation exposed”, Mail & Guardian, https://mg.co.za/article/2019-11-22-00sandf-sexual-abuse-and-exploitation-exposed/

1833

Code Blue (2017) “Confidential: sexual exploitation and abuse case files, MINUSCA”, http://www.codebluecampaign.com/pressreleases/2017/9/13-2

1834

Saba, A. and Jika, T. (2019) “SANDF sexual abuse and exploitation exposed”, Mail & Guardian, https://mg.co.za/article/2019-11-22-00sandf-sexual-abuse-and-exploitation-exposed/

1835

Stern, O. (2020) “The SANDF has a troubling sexual abuse record – deploying them makes women more vulnerable”, The Daily Maverick, www.dailymaverick.co.za/article/2020-05-05-the-sandf-has-a-troubling-sexual-abuse-record-deploying-them-makeswomen-more-vulnerable/

1836

Gambia Women’s Act 2010

1837

Republic of Nigeria (2014) “National Beijing+25 review”

1838

Republic of The Gambia’s National Action Plan on United Nations Security Council Resolution 1325 2012

1839

Burkina Faso’s Plan d’Action National du Burkina Faso pour la mise en œuvre des résolutions 1325 et 1820 du Conseil de Sécurité des Nations Unies 2012

1840

Guinea’s National Action Plan for the Implementation of the 1325 and 1820 Resolutions of the United Nation Security Council – 2009–2013

1841

Ghana’s National Action Plan for the Implementation of the United Nation Security Council Resolution 1325 on Women Peace and Security 2020

1842

Republic of Liberia (2019) “Beijing+25 national review report”

1843

Côte d’Ivoire’s Stratégie nationale de lutte contre les violences basees sur le genre, p. 10

1844

CEDAW/C/CIV/CO/4, para. 9

1845

3 UNPA (2018) “Brigadier General Ramatoulie D.K. Sanneh of the Gambia Armed Forces shares her #iBelieve message for 16 Days of Activism against GBV”, https://gambia.unfpa.org/en/video/brigadier-general-ramatoulie-dk-sanneh-gambia-armed-forces-shares-heribelieve-message-16-days

1846

1847

Republic of Senegal (2014) “Twenty-five year review of the implementation of the Beijing Declaration and Platform for Action+25”

1848

Godia, J. (2015) “Women’s Situation Room: Africa’s unique approach to reducing electoral violence”, https://www.un.org/africarenewal/ magazine/april-2015/women’s-situation-room-africa’s-unique-approach-reducing-electoral-violence

1849

Republic of Liberia (2019) “Beijing+25 national review report”

1850

1851

Republic of Togo (2019) “Examen de la mise en œuvre des engagements de la Déclaration et du Programme d’action de Beijing entre 2014 et 2019”

1852

Gambia’s Women’s Act 2010

1853

Burkina Faso’s Loi n°003-2015 du 23 janvier 2015 portant attributions, composition, organisation et fonctionnement de la Commission de la réconciliation nationale et des réformes’

1854

Gambia’s Truth, Reconciliation and Reparation Commission Act 2017

1855

Ghana’s National Peace Council Act (Act 818) 2011

1856

Gambia’s Truth, Reconciliation and Reparation Commission Act 2017

1857

Ghana’s National Peace Council Act (Act 818) 2011

1858

Commission provisoire de réflexion sur la réconciliation nationale (2016) “Rapport des consultations nationales en appui au processus de réconciliation nationale’’, pp. 136–138

1859

Security Women, “UNSCR 1325 and Nation Action Plans (NAPs)”, https://www.securitywomen.org/united-nations/unscr-1325-andnational-action-plans-nap

1860

Security Women, “Guinea”, https://www.securitywomen.org/unscr-1325-and-national-action-plans-nap/guinea

1861

Security Women, “Côte d’Ivoire”, https://www.securitywomen.org/unscr-1325-and-national-action-plans-nap/cote-divoire

1862

Gaanderse, M. and Valasek, K. (2011) “Le secteur de la sécurité et le genre en Afrique de l’Ouest”, https://www.dcaf.ch/sites/default/files/ publications/documents/00_Complet_Etude_sur_le_genre_afrique_de_l_ouest.pdf

1863

https://www.ipinst.org/wp-content/uploads/2015/06/IPI-E-pub-Reimagining-Peacemaking.pdf p.9

1864

324

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AWD Report 2020

UN News (2019) “Unprecedented humanitarian crisis in Mali revealed in new report”, https://news.un.org/en/story/2019/12/1053391

1865

ISS (2020) “Nigeria’s growing insecurity offers expansion opportunities for Boko Haram”, https://issafrica.org/iss-today/nigeriasgrowing-insecurity-offers-expansion-opportunities-for-boko-haram

1866

Gaanderse and Valasek (2011) “Le secteur de la sécurité et le genre en Afrique de l’Ouest”

1867

Laurent, O. and Hahn, J. (2018) “Meet the peacekeepers of Nigeria’s Plateau State”, Washington Post, https://www.washingtonpost.com/ news/in-sight/wp/2018/12/17/meet-the-peacekeepers-of-nigerias-plateau-state/?noredirect=on

1868

ICG (2012) “Curbing violence in Nigeria (I): the Jos crisis”, Africa Report N°196

1869

Laurent and Hahn (2018) “Meet the peacekeepers of Nigeria’s Plateau State”

1870

ICG (2012) “Curbing violence in Nigeria (I): the Jos crisis”, Africa Report N°196

1871

Global Christian News (2018) “200 more killed in Nigeria attacks by Fulani herdsmen”

1872

Dayil, P. (2015) “Ethno-religious conflicts and gender in Nigeria’s middle belt”, p. 85, https://etheses.bham.ac.uk/id/eprint/6409/

1873

Ibid.

1874

Republic of Nigeria (2015) “National Beijing + 25 review”

1875

Obateru, T. (2011) “Dialogue descends in Plateau to douse spate of violence”, https://www.vanguardngr.com/2011/11/dialoguedescends-in-plateau-to-douse-spate-of-violence/

1876

UN Women (2017) “From where I stand: ‘If I am on the receiving end of violence, should I not be included in the discussions to end it?’”, https://www.unwomen.org/en/news/stories/2017/8/from-where-i-stand-hajiya-amina-ahmed

1877

Bouka, Y. and Nyabola, N. (2016) “The crisis in Burundi and the apathy of international politics”, https://reliefweb.int/sites/reliefweb.int/ files/resources/20160510_e-paper_crisis-burundi-and-apathy-international-politics_in.pdf

1878

1879

Inclusive Peace (2020) “Infographic: women’s role in Burundi’s Arusha Peace and Reconciliation Agreement and Implementation (19962014)”, https://www.inclusivepeace.org/content/infographic-womens-role-burundis-arusha-peace-and-reconciliation-agreement-and Bouka and Nyabola (2016) “The crisis in Burundi and the apathy of international politics”

1880

Inclusive Peace (2020) “Infographic: women’s role in Burundi’s Arusha Peace and Reconciliation Agreement and Implementation”

1881

Arusha Peace and Reconciliation Agreement for Burundi, https://www.refworld.org/pdfid/5a2555d24.pdf

1882

Inclusive Peace & Transition Initiative (2018) “Case studies series: women in peace and transition processes Burundi (1996-2014)”, https://www.inclusivepeace.org/sites/default/files/IPTI-Case-Study-Burundi-1996%e2%80%932014.pdf

1883

Inclusive Peace (2020) “Infographic: women’s role in Burundi’s Arusha Peace and Reconciliation Agreement and Implementation”

1884

Inclusive Peace & Transition Initiative (2018) “Case studies series: women in peace and transition processes Burundi (1996-2014)”, p. 6

1885

Aljazeera (2020) “Human rights abuses persist in Burundi despite new gov’t: UN”, https://www.aljazeera.com/news/2020/9/17/humanrights-abuses-persist-in-burundi-despite-new-govt-un

1886

Faure, G. (2017) “‘Rape is used as a weapon’: the women trying to bring peace back to Burundi”, The New Humanitarian, https://deeply. thenewhumanitarian.org/womenandgirls/community/2017/07/25/rape-is-used-as-a-weapon-the-women-trying-to-bring-peace-backto-burundi

1887

Akina Mama wa Afrika (2020), written statement to Make Every Woman Count

1888

Ibid.

1889

1890

Faure (2017) “‘Rape is used as a weapon’”

Akina Mama wa Afrika (2020), written statement to Make Every Woman Count

1891

1892 1893

Ibid.

Ibid. Ibid.

1894

Ibid.

1895

Ibid.

1896 1897

Defend Defenders (2018) “Reflections on the 39th session of the UN Human Rights Council”, https://defenddefenders.org/reflectionson-the-39th-session-of-the-un-human-rights-council/ Akina Mama wa Afrika (2020), written statement to Make Every Woman Count

1898

Ibid.

1899

Chattanooga Times Free Press (2015), “Burundi: 1 killed in protest against president’s 3rd term”, https://www.timesfreepress.com/news/ national/international/story/2015/may/10/burundi-1-killed-protest-against-presidents-3/303494/

1900

1901

Akina Mama wa Afrika (2020), written statement to Make Every Woman Count

1902

Capital News (2017) “Burundi govt again refuses crisis talks with opposition”, https://www.capitalfm.co.ke/news/2017/02/burundi-govtrefuses-crisis-talks-opposition/

Faure (2017) “‘Rape is used as a weapon”

1903

Ibid.

1904

Aljazeera (2020) “Human rights abuses persist in Burundi despite new gov’t: UN”

1905

AfDB Africa Gender Equality Index 2015, p. 11

1906 1907

FAO (2016) “Africa regional overview of food security and nutrition 2016”, http://www.fao.org/publications/rofsn-africa/en/ Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003

1908

Ibid.

1909 1910

Abuja Declaration on Development of Agribusiness and Agro-Industries in Africa 2010

Ibid.

1911

AUDA–NEPAD, “ Overview”, https://www.nepad.org/caadp/overview

1912

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Make Every Woman Count

FAO (2018) “Leaving no one behind: empowering Africa’s rural women for zero hunger and shared prosperity”, p. 1

1913

1914

Ibid., p. 2 Kenya Constitution 2010, https://www.constituteproject.org/constitution/Kenya_2010?lang=en

1915 1916

Zimbabwe Constitution 2013 (rev. 2017), https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en

Côte d’Ivoire Constitution 2016, https://www.constituteproject.org/constitution/Cote_DIvoire_2016?lang=en

1917

South Sudan Constitution 2011 (rev. 2013), https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en

1918

Kenya Constitution 2010, https://www.constituteproject.org/constitution/Kenya_2010?lang=en

1919

Zimbabwe Constitution 2013 (rev. 2017), https://www.constituteproject.org/constitution/Zimbabwe_2017?lang=en

1920

South Africa Constitution 1996 (rev. 2012), https://www.constituteproject.org/constitution/South_Africa_2012?lang=en

1921

Steward, S. and Dlamini, D. (2019) “Eswatini court upholds a widow’s rights to customary land use – a beacon of hope?”, OHRH, http:// ohrh.law.ox.ac.uk/eswatini-court-upholds-a-widows-rights-to-customary-land-use-a-beacon-of-hope/

1922

Ibid.

1923

FAO Gender and Land Rights Database, “Kenya”, http://www.fao.org/gender-landrights-database/country-profiles/countries-list/ national-legal-framework/en/?country_iso3=KEN

1924

FAO Gender and Land Rights Database, “Rwanda”, http://www.fao.org/gender-landrights-database/country-profiles/countries-list/ national-legal-framework/en/?country_iso3=RWA

1925

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing +25”, p. 11

1926

Swaziland’s Deeds Registry (Amendment) Act 2012, Section 16, https://gazettes.africa/archive/sz/2012/sz-government-gazette-dated2012-07-02-no-75.pdf

1927

Burkina Faso’s Loi N° 034-2012/AN portant réorganisation agraire en foncière au Burkina Faso, http://extwprlegs1.fao.org/docs/pdf/ bkf139639.pdf

1928

Burundi’s Loi N°1/13 du 9 aout 2011 portant révision du Code foncier du Burundi, Article 12, https://www.assemblee.bi/IMG/pdf/loi%20 n%C2%B01_13_du_9_aout_2011.pdf

1929

Lesotho Council of NGOs (2015) “The status of women in Lesotho”, p .8

1930

Kingdom of Lesotho (2019) “Report of Lesotho government Beijing +25 review report”, p. 29, https://www.unwomen.org/-/media/ headquarters/attachments/sections/csw/64/national-reviews/lesotho.pdf?la=en&vs=1401

1931

Ibid.

1932

Lesotho’s Land Act No. 8 of 2010, Section 4(3), https://lesotholii.org/ls/legislation/num-act/2010/8

1933

Republic of Mali (2019) “Cinquième rapport national du Mali de suivi de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing de 1995, rapport Beijing +25”

1934

Republic of Togo (2019) “Vingt-cinquième anniversaire de la quatrième conférence mondiale sur les femmes et de l’adoption de la Déclaration et du Programme d’Action de Beijing (1995)”, p. 21

1935

Thobega, K. (2020) “Botswana opts to make land owners of wives with new law”, Reuters, https://www.reuters.com/article/botswanawomen-landrights/botswana-opts-to-make-land-owners-of-wives-with-new-law-idUSL8N2GE5EI

1936

Ibid.

1937

Burkina Faso’s Loi n°034-2012/AN portant réorganisation agraire et foncière au Burkina Faso, http://faolex.fao.org/docs/pdf/bkf139639. pdf

1938

Benin’s Loi n°2013-01 portant code foncier et domanial en République du Bénin 2013, http://www.droit-afrique.com/upload/doc/benin/ Benin-Code-foncier-domanial-2013.pdf

1939

Gambia’s Women’s Act 2010, http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=90619

1940

Benin’s Plan d’Investissement Agricole 2010–2015, p. 43

1941

1942

Republic of Burundi (2019) “Rapport national d’évaluation de la mise en application de la Déclaration et du Programme d’Action de Beijing”, p. 18

Ibid.

1943

Republic of Madagascar (2019) “Rapport de la République de Madagascar dans le cadre du vingt-cinquième anniversaire de la quatrième conférence mondiale sur les femmes et de l’adoption de la Déclaration et du Programme d’Action de Beijing en 2015, p. 19

1944

Republic of Rwanda (2019) “Beijing+25 Rwanda country report”, p. 22

1945

Republic of Uganda (2019) “National report on implementation of the Beijing Declaration and Platform for Action, final report”, p. 33

1946

Republic of Namibia (2019) “Beijing + 25: World Conference on Women and implementation of the Beijing Declaration and Platform of Action Namibia country report 2014 – 2019”, p. 33

1947

Republic of Sierra Leone (2019) “Country report by Sierra Leone on implementation of the Beijing Platform for Action (1995) and the outcome of the twenty-third special session of the General Assembly (2000)”, p. 37

1948

FAO Gender and Land Rights Database, “Uganda”, http://www.fao.org/gender-landrights-database/country-profiles/countries-list/ national-legal-framework/en/?country_iso3=UGA

1949

Republic of Togo (2014) “Rapport national du Togo sur la mise en oeuvre de la Déclaration et du Programme d’Action de la 4ème Conférence mondiale sur les femmes (BEIJING +20)”, p. 13

1950

Federal Democratic Republic of Ethiopia (2019) “Fifth national report on progress made in the implementation of the Beijing Declaration and Platform for Action (Beijing +25)”, p. 32

1951

Ghana’s National Nutrition Policy 2013–2017, p. 16

1952

ActionAid (2017) “Incorporation of women’s economic empowerment and unpaid care work into regional policies, Africa”, Policy Brief, p. 15

1953

Ibid.

1954

326

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FAO Gender and Land Rights Database, “Rwanda”, http://www.fao.org/gender-landrights-database/country-profiles/countries-list/ national-legal-framework/en/?country_iso3=RWA

1955

Ibid.

1956

Republic of Djibouti (2019) “Rapport d’examen national approfondi établi a l’occasion du 25èmeanniversaire de la quatrième Conférence mondiale de Beijing sur les femmes et les 5 ans du Programme de développement durable des Nations Unies à l’horizon 2030”, p. 11

1957

Republic of Congo (2019) “Rapport national d’évaluation de la Déclaration et du Programme d’Action de Beijing +25”, p. 12

1958

FAO (2018) “Food and nutrition security: the Congolese Parliament launches an alliance to fight against hunger and malnutrition”, http://www.fao.org/partnerships/parliamentary-alliances/news/news-article/en/c/1128281/

1959

Republic of Zimbabwe (2019) “Twenty-fifth anniversary of the World Conference on Women and Adoption of the Beijing Declaration and Platform for Action (1995), Zimbabwe national review report”, p. 10

1960

Republic of South Africa Department of Rural Development and Land Reform (2019) “Annual report 2018/2019”, p. 31

1961

Zambia Central Statistical Office (2014) “Gender status report 2012-2014”, p. 67

1962

Republic of Burkina Faso (2014) “Rapport national Beijing +25”, p. 12

1963

Malawi Constitution 1994 (rev. 2017), https://www.constituteproject.org/constitution/Malawi_2017?lang=en

1964

Landesa (2017) “Women’s land: closing the gender gap in sub-Saharan Africa”, https://www.landesa.org/resources/wlr-africa/

1965

NEPAD (2016) “Best practice for inclusive, country-led programme design: Africa’s Gender–Climate Change–Agriculture Support Programme”, p. 5

1966

Ibid., p. 4

1967

FAO (2018) “Leaving no one behind: empowering Africa’s rural women for zero hunger and shared prosperity”, p. 16

1968

Ibid.

1969 1970

AUDA–NEPAD, “ Results”, https://www.nepad.org/caadp/results

NEPAD (2016) “Best practice for inclusive, country-led programme design: Africa’s Gender–Climate Change–Agriculture Support Programme”, p. 6

1971

1972

Ibid.

1973

ActionAid (2017) “Incorporation of women’s economic empowerment and unpaid care work into regional policies: Africa”, Policy Brief, p. 8

1974

Ibid., p. 9

1975

We Effect (2019) “Standing up for women land rights”, https://weeffect.org/news/we-effect-stands-up-for-women-land-rights/

1976

Pastoral Women’s Council (n.d.) “Mama Ardhi: equal land rights for women today, equals a better future for all Tanzanians tomorrow”, p. 2.

1977

1978 1979

Ibid.

Pastoral Women’s Council, (no date), “Mama Ardhi: Equal Land Rights For Women Today, Equals A Better Future for All Tanzanians TomorrowIbid., p. 1. Ibid.

1980

Makoye, K. (2016) “Tanzania’s women farmers confront customs and complex laws to access land”, Reuters, https://news.trust.org/ item/20160721133933-94d58

1981

Mama Ardhi (2014) Facebook post, https://www.facebook.com/MamaArdhi/posts/10151924752261046

1982

Ibid.

1983

Pastoral Women’s Council (n.d.) “Mama Ardhi: equal land rights for women today, equals a better future for all Tanzanians tomorrow”, p. 1.

1984

Reuters (2015) “Tanzania postpones referendum on constitution”, https://www.reuters.com/article/us-tanzania-politicsidUSKBN0MT21U20150402

1985

ICRW (2014) “Protecting land and empowering women in Tanzania”, www.icrw.org/protecting-land-and-empowering-women-intanzania/

1986

1987

Ibid. Ibid.

1988 1989

Pastoral Women’s Council (n.d.) “Mama Ardhi: equal land rights for women today, equals a better future for all Tanzanians tomorrow”, p. 3 Ibid., p. 4

1990 1991

Ibid., p. 3. Thobega, K. (2020) “ Botswana opts to make land owners of wives with new law”, Reuters, https://www.reuters.com/article/usbotswana-women-landrights-trfn-idUSKBN2682XF

1992

Ibid.

1993

Ibid.

1994

African Natural Resources Center (2016) “Review of land tenure policy, institutional and administrative systems of Botswana, case study”, p. 40

1995

Fair Planet (2021) “Botswana abolishes law excluding married women from land ownership”, https://www.fairplanet.org/story/ botswana-abolishes-law-excluding-married-women-from-land-ownership/

1996

Ibid.

1997

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Thobega, K. (2020) “ Botswana opts to make land owners of wives with new law”, Reuters, https://www.reuters.com/article/usbotswana-women-landrights-trfn-idUSKBN2682XF

1998

African Natural Resources Center (2016) “Review of land tenure policy, institutional and administrative systems of Botswana, case study”, p. 40

1999

Fair Planet (2021) “Botswana abolishes law excluding married women from land ownership”, https://www.fairplanet.org/story/ botswana-abolishes-law-excluding-married-women-from-land-ownership/

2000

Thobega, K. (2020) “ Botswana opts to make land owners of wives with new law”, Reuters, https://www.reuters.com/article/usbotswana-women-landrights-trfn-idUSKBN2682XF

2001

2002

Daily Hansard (2019) “The Third Meeting of the Fifth Session of the Eleventh Parliament”, p. 60

Fair Planet (2021) “Botswana abolishes law excluding married women from land ownership”, https://www.fairplanet.org/story/ botswana-abolishes-law-excluding-married-women-from-land-ownership/

2003

Ibid.

2004

Thobega, K. (2020) “ Botswana opts to make land owners of wives with new law”, Reuters, https://www.reuters.com/article/usbotswana-women-landrights-trfn-idUSKBN2682XF

2005

Fair Planet (2021) “Botswana abolishes law excluding married women from land ownership”, https://www.fairplanet.org/story/ botswana-abolishes-law-excluding-married-women-from-land-ownership/

2006

2007

Daily Friend (2020) “Botswana extends land rights for married”, https://dailyfriend.co.za/2020/09/21/botswana-extends-land-rights-formarried-women/ The Borgen Project (2020) “Botswana wives granted equal land ownership”, https://borgenproject.org/equal-land-ownership/

2008

Frauen Klimawandel (n.d.) “Effects of climate change on women in Africa”, p. 1

2009

UNDP–UNEP NAP-GSP (2017) “Regional briefing on National Adaptation Plans: Africa in focus”, p. 3

2010

Ibid.

2011

UNOWAS (2018) “Pastoralism and security in West Africa and the Sahel: towards peaceful coexistence”, p. 19

2012

Mourdoukoutas, E. (2016) “Women grapple with harsh weather”. https://www.un.org/africarenewal/magazine/august-2016/womengrapple-harsh-weather

2013

2014

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003

2015

Ibid.

AU (2009) “The African Women’s Decade, Theme: Grassroots Approach to Gender Equality and Women’s Empowerment (GEWE)”, p. 4

2016 2017

African Strategy on Climate Change 2014, p. 16

2018

Ibid., p. 39

Ibid., p. 55

2019

2020 2021

Draft Africa Climate Change Strategy 2020–2030, p. 13.

Ibid., p. 11

2022

Agenda 2063, p. 16

AUC (2015) “Agenda 2063: the first ten-year implementation plan 2014–2023”, p. 19

2023

2024

Ibid., p. 127

2025

African Convention on the Conservation of Nature and Natural Resources (Revised Version) 2003, https://www.ecolex.org/details/ treaty/african-convention-on-the-conservation-of-nature-and-natural-resources-revised-version-tre-001395/

Ibid., p. 2.

2026 2027

Africa Portal (2019) “Women, power & policymaking”, Policy Briefing, p. 4

2028 2029

Ibid.

Ibid. Kenya Constitution 2010, https://www.constituteproject.org/constitution/Kenya_2010?lang=en

2030 2031

Ibid.

2032

Gambia Constitution 2020 – Draft of 29 March 2020, https://www.constituteproject.org/constitution/Gambia_2020D?lang=en

Paris Agreement 2020, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-7-d&chapter=27&clang=_en

2033

Farand, C. (2020) “Angola ratifies Paris Agreement promising more ambitious climate plan”, Climate Change News, https://www. climatechangenews.com/2020/08/13/angola-ratifies-paris-agreement-promising-ambitious-climate-plan/

2034

Rwanda’s Loi n° 41/2015 du 29/08/2015 relative à la gestion des catastrophes, www.fao.org/faolex/results/details/en/c/LEX-FAOC175283

2035

Malawi’s Environment Management Act No. 19 of 2017, www.fao.org/faolex/results/details/en/c/LEX-FAOC169354

2036 2037

Egypt’s National Strategy for Mainstreaming Gender in Climate Change in Egypt 2011, p. 20 Tanzania’s National Strategy on Gender and Climate Change, p. 21

2038 2039

UNFCCC, “National adaptation plans”, https://www4.unfccc.int/sites/NAPC/Pages/national-adaptation-plans.aspx Burkina Faso’s National Climate Change Adaptation Plan (NAP) 2015, p. 94

2040

Federal Democratic Republic of Ethiopia’s Climate Resilient Green Economy: National Adaptation Plan, p. 24

2041

Liberia’s National Disaster Management Policy 2012, p. 26

2042

Ibid., pp. 26–27

2043

Uganda’s Water and Sanitation Gender Strategy 2018–2022, http://www.fao.org/faolex/results/details/en/c/LEX-FAOC177943

2044

Ibid.

2045

Zimbabwe’s Climate Policy 2016, p. 4

2046

328

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Ibid., p. 25

2047

Ibid.

2048

Ibid.

2049

Kenya’s Climate Change Act 2016, http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ClimateChangeActNo11of2016.pdf

2050

Ibid.

2051

CCAFS (2017) “Gender review of climate change legislative and policy frameworks and strategies in East Africa” , p. 3

2052

Nyasimi, M. et al. (2018) “Inclusion of gender in Africa’s climate change policies and strategies”, in Handbook of Climate Change Communication: Vol. 1 “Theory of climate change communication”, p. 178

2053

Ibid., p. 177

2054

UNECA (2020) “Twenty-five year review of the implementation of the Beijing Declaration and Platform for Action (BPfA)+25 Africa regional review summary report 2015-2019”, p. 28

2055

Nyasimi et al. (2018) “Inclusion of gender in Africa’s climate change policies and strategies”, p. 180

2056

Ibid.

2057

Namibia’s Second National Biodiversity: Strategy and Action Plan 2013–2022, p. 17

2058

Nyasimi et al. (2018) “Inclusion of gender in Africa’s climate change policies and strategies”, p. 180

2059

UNECA (2020) “Twenty-five year review of the implementation of the Beijing Declaration and Platform for Action (BPfA)+25 Africa regional review summary report 2015-2019”, p. 27

2060

GIWPS (2015) “Women and climate change: impact and agency in human rights, security, and economic development”, p. 55

2061

Africa Portal (2019) “Women, power & policymaking”, Policy Briefing, p. 5

2062

Ibid.

2063

Ibid.

2064

USAID (2017) “Climate change risk profile: West Africa Sahel”, p. 7

2065

OECD (2020) “Women and climate change in the Sahel”, p. 22

2066 2067

Ibid., p. 19 EKOEnergy (2019) “FridaysForFuture Uganda: our interview with Nakabuye Hilda”, https://www.ekoenergy.org/fridaysforfuture-ugandaour-interview-with-nakabuye-hilda/

2068

ATCMask (2019) “Air pollution in Uganda: causes, effects and solutions”, www.atcmask.com/blogs/blog/air-pollution-in-uganda

2069 2070

2071

Agaba, J. (2020) “Climate change activist Hilda Nakabuye mobilizing Africa’s youth”, https://allianceforscience.cornell.edu/ blog/2020/02/climate-change-activist-hilda-nakabuye-mobilizing-africas-youth/

Ibid.

2072

Ibid.

e-mc2 (2020) “Fridays for Future Uganda asks for an environmental court to be set up to #SaveBugomaForest”, https://www.e-mc2.gr/ el/news/fridays-future-uganda-asks-environmental-court-be-set-savebugomaforest

2073

2074

DW.com, “Vanessa Nakate: ‘Many people are not yet aware of the dangers of climate change’”, https://www.dw.com/en/fridays-forfuture-uganda-climate-change-africa-activism-food-security-water/a-54732304 Ibid.

2075

Standard Chartered (2019) “Women and climate change: inspiring Ugandan activist Hilda Nakabuye”, https://www.sc.com/en/feature/ women-climate-change-ugandan-activist-hilda-nakabuye/

2076

Ibid.

2077

2078

2079

Standard Chartered (2019) “Women and climate change: inspiring Ugandan activist Hilda Nakabuye”, https://www.sc.com/en/feature/ women-climate-change-ugandan-activist-hilda-nakabuye/

2080

2081

EKOEnergy (2019) “Fridays for Future Uganda: our interview with Nakabuye Hilda”, https://www.ekoenergy.org/fridaysforfutureuganda-our-interview-with-nakabuye-hilda/

Ibid.

2082

Karakire, D. (2016) “How one women’s group is fighting climate change in Uganda”, Africa Times, https://africatimes.com/2016/05/26/ how-one-womens-group-is-fighting-climate-change-in-uganda/

WHO (2016) “El Niño threatens at least 60 million people in high-risk developing countries”, https://www.who.int/hac/crises/elnino/22january2016/en/

2083

The Borgen Project (2020) “Mud stoves to help fight deforestation in Uganda “, https://borgenproject.org/deforestation-in-uganda/

2084

Karakire, D. (2016) “How one women’s group is fighting climate change in Uganda”, Africa Times, https://africatimes.com/2016/05/26/ how-one-womens-group-is-fighting-climate-change-in-uganda/

2085

Community Green Radio (2019) “Women are demanding for government intervention to stop destruction of Bugoma Forest”, https:// www.greenradio.ug/women-are-demanding-for-government-intervention-to-stop-destruction-of-bugoma-forest/

2086

2087

Karakire, D. (2016) “How one women’s group is fighting climate change in Uganda”, Africa Times, https://africatimes.com/2016/05/26/ how-one-womens-group-is-fighting-climate-change-in-uganda/

2088

Kwataniza Women Farmers Group, “KWG profile”, shared with MEWC via email

Karakire, D. (2016) “How one women’s group is fighting climate change in Uganda”, Africa Times, https://africatimes.com/2016/05/26/ how-one-womens-group-is-fighting-climate-change-in-uganda/

2089

Ibid.

2090

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329

Make Every Woman Count

2091

Karakire, D. (2016) “How one women’s group is fighting climate change in Uganda”, Africa Times, https://africatimes.com/2016/05/26/ how-one-womens-group-is-fighting-climate-change-in-uganda/

2092

Ibid.

2093

Ibid.

2094

Ibid.

2095

Kwataniza Women Farmers Group (2020) Facebook post, https://www.facebook.com/pg/Kwataniza-WomenFarmersGroup-110564633861334/posts/?ref=page_internal

2096

2097

Kwataniza Women Farmers Group, “About”, Facebook, https://www.facebook.com/pg/Kwataniza-WomenFarmersGroup-110564633861334/about/ Continental Education Strategy for Africa (CESA 16–25), http://www.education2030-africa.org/index.php/fr/ressources/395continental-education-strategy-for-africa-cesa-2016-25

2098

AU, “Education, science and technology”, https://au.int/en/education-science-technology

2099

AU (2019) “The African Union Kwame Nkrumah Awards for Scientific Excellence(AUKNASE), rules of procedure”, p. 1

2100 2101

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003, pp. 12–13 AU (n.d.) “The African Women’s Decade Theme: Grassroots Approach to Gender Equality and Women’s Empowerment (GEWE)”, p. 4

2102 2103

RCG4-WCA (n.d.) “Acceleration Strategy”, http://www.education2030-africa.org/index.php/fr/espace-membres/documents/ communication/briefing-strategie-d-acceleration-2019/341-rcg4-flyer-eng/file WHO, “Africa’s women in science”, https://www.who.int/tdr/research/gender/Women_overview_piece.pdf?ua=1

2104

Brookings (2020) “Figures of the week: public spending on education in Africa”, https://www.brookings.edu/blog/africa-infocus/2020/02/13/figures-of-the-week-public-spending-on-education-in-africa/

2105

Sahrawi Republic Constitution 2015, https://www.policinglaw.info/assets/downloads/2015_Constitution_of_the_Sahrawi_Arab_ Democratic_Republic.pdf

2106

Central African Republic Constitution 2016, https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en

2107

Gambia Constitution 2020 – Draft of 29 March 2020, https://www.constituteproject.org/constitution/Gambia_2020D?lang=en

2108

Tunisia Constitution 2014, https://www.constituteproject.org/constitution/Tunisia_2014?lang=en

2109

Chad Constitution 2018, https://www.constituteproject.org/constitution/Chad_2018?lang=en

2110

Somalia Constitution 2012, https://www.constituteproject.org/constitution/Somalia_2012?lang=en

2111

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

2112

Republic of Seychelles Tertiary Education Act 2011, p. 10

2113

2114

UNESCO Observatory on the Right to Education, “Country profile: Uganda”, www.unesco.org/education/edurights/index. php?action=countries&lng=en Right to Education (2016) “Tanzania implements free education policy for secondary education”, https://www.right-to-education.org/ news/tanzania-implements-free-education-policy-secondary-education

2115

UNESCO Observatory on the Right to Education, “Country profile: Cabo Verde”, http://www.unesco.org/education/edurights/index. php?action=countries&lng=en

2116

Senega’s Programme d’amelioration de la qualite, de l’equite et de la transparence (PAQUET) secteur education formation 2013–2025, pp. 115–116.

2117

Liberia’s Getting to Best Education Sector Plan 2017–2021, p. 73

2118

Ibid., p. 187

2119

Sierra Leone’s Education Sector Plan 2018–2020, p. 34

2120

MEWC (2014) “African Women’s Decade 2010-2020 annual review”, p. 43

2121

Save the Children (2014) “Launch of the National Girls’ Education Strategy”, https://malawi.savethechildren.net/news/launch-nationalgirls-education-strategy

2122

Zimbabwe’s Girls’ and Young Women’s Empowerment Framework 2014, p. 8

2123

South Sudan Constitution 2011 (rev. 2013), https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en

2124

Angola Constitution 2010, https://www.constituteproject.org/constitution/Angola_2010?lang=en

2125

Comoros Constitution 2018, https://www.constituteproject.org/constitution/Comoros_2018?lang=en

2126

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

2127

Republic of Angola (2019) “Relatório sobre aimplementação do Plano de Acção da Plataforma de Beijing (PAB), 2014–2019, p. 34

2128

MEWC (2016) “African Women’s Decade 2010-2020 mid-term review”, p. 70

2129

Ibid., p. 27

2130

Zambia’s Education Act 2011, http://www.parliament.gov.zm/sites/default/files/documents/acts/Education%20Act%202011.pdf

2131

Zimbabwe’s Education Amendment Bill, 2018 H.B.1, 2019, https://www.parlzim.gov.zw/component/k2/education-amendment-bill2018-h-b-1-2019

2132

Egypt Constitution 2014 (rev. 2019), https://www.constituteproject.org/constitution/Egypt_2019?lang=en

2133

UNESCO (2015) “UNESCO science report: towards 2030”, p. xx.

2134

Ibid., p. 488

2135

Malawi’s National ICT Policy 2013, p. 13

2136

UNESCO (2015) “UNESCO science report: towards 2030”, p. 559

2137

330

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AWD Report 2020

Martínez, E. (2017) “Ghana makes secondary schools free”, https://www.hrw.org/news/2017/09/18/ghana-makes-secondary-schoolsfree

2138

UNESCO (2019) “Global education monitoring report: building bridges for gender equality”, p. 47

2139

UNDP Somalia Gender Equality and Women’s Empowerment Strategy 2011–2015, p. 20

2140 2141

Gambia’s Draft Education Sector Strategic Plan 2014–2022, p. 46

2142

Eswatini’s National Education and Training Policy 2018, p. 45

UNESCO (2015) “UNESCO science report: towards 2030”, p. 47

2143

2144

2145 2146 2147

Equality Now (2019) “Victory at ECOWAS Court for girls in Sierra Leone”, https://www.equalitynow.org/victory_for_girls_in_sierra_leone

Ibid.

Ramos, L. (2020) “Keeping pregnant girls in school in Sao Tome and Principe”, GPE, https://www.globalpartnership.org/blog/keepingpregnant-girls-school-sao-tome-and-principe Republic of Senegal (2019) “Rapport national de la mise en œuvre de la Déclaration et du Programme d’Action de Beijing +25”, p. 20

2148 2149

Arab Republic of Egypt, Ministry of Communications and Information Technology (2017) “About the event”, www.ictforwoman.gov.eg/ about_event.aspx TDR, “Women in science”, https://www.who.int/tdr/capacity/gender/en/

2150

IT News Africa (2020) “How Rwanda is encouraging an entire generation of women in tech”, https://www.itnewsafrica.com/2020/06/ how-rwanda-is-encouraging-an-entire-generation-of-women-in-tech/

2151

The Conversation (2020) “Moves are afoot in Africa to keep more women in science careers”

2152

Right to Education (2016) “Tanzania implements free education policy for secondary education”, https://www.right-to-education.org/ news/tanzania-implements-free-education-policy-secondary-education

2153

2154

WHO (n.d.) “Africa’s women in science”, https://www.who.int/tdr/research/gender/Women_overview_piece.pdf?ua=1

HRW (2019) “Africa: pregnant girls, young mothers denied school”

2155

HRW (2018) “Leave no girl behind in Africa, discrimination in education against pregnant girls and adolescent mothers”, https://www. hrw.org/report/2018/06/14/leave-no-girl-behind-africa/discrimination-education-against-pregnant-girls-and

2156

UNFPA (2017) “One year after Ebola’s end, Sierra Leone’s midwives help mend health system”, https://www.unfpa.org/news/one-yearafter-ebolas-end-sierra-leones-midwives-help-mend-health-system

2157

CARE (2020) “Sierra Leone reverses ban on pregnant students”, https://care.org/news-and-stories/news/sierra-leone-reverses-ban-onpregnant-students/

2158

2159

Peyton, N. (2019) “Just say no? Sierra Leone tests new ways to cut teen pregnancy”, Reuters, https://www.reuters.com/article/us-leonewomen-pregnancy/just-say-no-sierra-leone-tests-new-ways-to-cut-teen-pregnancy-idUSKCN1VQ281 RFI (2015) “Pregnant girls barred from school and a right to education”, https://www.rfi.fr/en/africa/20150329-sierra-leone-pregnantgirls-barred-school-human-rights-education-ebola-education

2160

Daka, M. (2020) “ECOWAS Court affirms that pregnant girls in Sierra Leone have a right to equal education”, OHRH, https://ohrh.law. ox.ac.uk/ecowas-court-affirms-that-pregnant-girls-in-sierra-leone-have-a-right-to-equal-education/

2161

Equality Now (2019) “Victory at ECOWAS Court for girls in Sierra Leone”, https://www.equalitynow.org/victory_for_girls_in_sierra_leone

2162

All Africa Bah, C. (2020), “Sierra Leone: ‘‘radical inclusion’’ approach to education an extraordinary victory for pregnant girls”, All Africa, https://allafrica.com/stories/202003270870.html

2163

Community Court of Justice of ECOWAS – WAVE and Child Welfare Society v Republic of Sierra Leone 2020

2164

Equality Now (2019) “Victory at ECOWAS Court for girls in Sierra Leone”, https://www.equalitynow.org/victory_for_girls_in_sierra_leone

2165

Amnesty International (2019) “Sierra Leone: regional court ruling gives hope to thousands of pregnant girls banned from school”, https://www.amnesty.org/en/latest/news/2019/12/sierra-leone-regional-court-ruling-gives-hope/

2166

2167

Peyton, N. (2019) “Just say no? Sierra Leone tests new ways to cut teen pregnancy”, Reuters, https://www.reuters.com/article/us-leonewomen-pregnancy/just-say-no-sierra-leone-tests-new-ways-to-cut-teen-pregnancy-idUSKCN1VQ281 4 D’amour Mbonyinshuti, J. (2020) “A country rallies to raise the number of women in science”, University World News, https://www. universityworldnews.com/post.php?story=20200721142651162

2168

IMF (2020) “The development path less traveled the experience of Rwanda”, p. 74

2169 2170

World Bank Gender Statistics 2020, https://databank.worldbank.org/source/gender-statistics#

Mukashyaka, A. (2020) “Women in STEM: a key to unlock Africa’s socioeconomic potential”, https://www.globalpartnership.org/blog/ women-stem-key-unlock-africas-socioeconomic-potential

2171

2172

5 Gambino, L. (2018) “Brilliance overtakes beauty as Ms Geek Africa spotlights tech genius”, The Guardian, www.theguardian.com/ global-development/2018/may/28/brilliance-overtakes-beauty-ms-geek-africa-spotlights-tech-genius-salissou-hassane-latifa

6 AfDB (2020) “How Rwanda is spurring a generation of women in technology”, https://www.afdb.org/en/news-and-events/howrwanda-spurring-generation-women-technology-36462

2173

7 Lang, M. (2018) “Rwanda is pushing gender diversity in tech. Should Silicon Valley take notes?”, San Francisco Chronicle, https://www. sfchronicle.com/business/article/Rwanda-is-pushing-gender-diversity-in-tech-12496643.php

2174

8 Ibid.

2175

IMF (2020) “The development path less traveled the experience of Rwanda”, p. 73

2176

Gahima, L. (2015) “Ms. Geek: Rwanda’s search for high tech girl”, https://www.ktpress.rw/2015/04/miss-geek-the-search-for-rwandashigh-tech-girl/

2177

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331

Make Every Woman Count

9 Bizimungu, J. (2019) “DR Congo’s Josephine Uwase Ndeze wins Miss Geek Africa competition”, The New Times, https://www. newtimes.co.rw/news/dr-congos-josephine-uwase-ndeze-wins-miss-geek-africa-competition

2178

Girls in ICT, Rwanda, “Miss Geek 2020”, https://www.girlsinict.rw/msgeekafrica

2179

Ibid.

2180

ITU News (2018) “‘Miss Geek Africa’ promotes girls in ICT at Transform Africa Summit” https://news.itu.int/miss-geek-africa-promotesgirls-in-ict-at-transform-africa-summit/

2181

Bizimungu, J. (2019) “DR Congo’s Josephine Uwase Ndeze wins Miss Geek Africa competition”, The New Times, https://www.newtimes. co.rw/news/dr-congos-josephine-uwase-ndeze-wins-miss-geek-africa-competition

2182

Gambino, L. (2018) “Brilliance overtakes beauty as Ms Geek Africa spotlights tech genius”, The Guardian, www.theguardian.com/globaldevelopment/2018/may/28/brilliance-overtakes-beauty-ms-geek-africa-spotlights-tech-genius-salissou-hassane-latifa

2183

Lang, M. (2018) “Rwanda is pushing gender diversity in tech. Should Silicon Valley take notes?”, San Francisco Chronicle, https://www. sfchronicle.com/business/article/Rwanda-is-pushing-gender-diversity-in-tech-12496643.php

2184

10 Oduah, C. (2017) “Rwanda ramps up STEM education for girls”, VOA, www.voanews.com/africa/rwanda-ramps-stem-education-girls

2185

AU (2009) “The African Women’s Decade, Theme: Grassroots Approach to Gender Equality and Women’s Empowerment (GEWE)”, p. 5

2186 2187

Agenda 2063, https://au.int/sites/default/files/documents/36204-doc-agenda2063_popular_version_en.pdf UNDP (2016) “Accelerating gender equality and women’s empowerment in Africa”, Africa Human Development Report

2188 2189

African Union AU (2017) Echo Magazine 2017, accessed: https://au.int/sites/default/files/documents/32665-doc-au-echo-magazine2017-23june17-1.pdf AU Strategy for Gender Equality and Women’s Empowerment 2018–2028, https://au.int/sites/default/files/documents/36195-doc-au_ strategy_for_gender_equality_womens_empowerment_2018-2028_report.pdf

2190

OSISA Youth in Africa: Dominant & Counter Narratives – A Journal on African Women’s Experiences 2018 Issues 8, https://osisa.org/ wp-content/uploads/2018/12/buwa-issue8_digitalpublication_december-2017_smallest-file-size.pdf

2191

Mukamba, T. (2014) “Building a women’s movement in Southern Africa”, https://www.opensocietyfoundations.org/voices/buildingwomen-s-movement-southern-africa

2192

Ibid.

2193

Mate, R. (2017) “Young women challenging and resisting dominant cultural narratives”

2194

Chirenje, G. (2017) “The changing concept of youth in Africa: from ‘children’ to harnessing them as a demographic dividend”

2195

Atkinson, R. and Marriage, T. (2020) “Girls and young women’s activism and organising in West Africa”, Copa research

2196 2197

Institute of Transport & Development Policy (2018) “#MyDressMyChoice: how women fought harassment in Kenya”, https://www.itdp. org/2018/05/02/st-mag-mydressmychoice/ Kam Kah, H. (2014) “History, external influence and political volatility in the Central African Republic (CAR)”

2198

Knoope, P. and Buchanan-Clarke, S. (2019) “Central African Republic: a conflict misunderstood”

2199

FRIDA (n.d.) “The global state of young women organising”, https://www.awid.org/sites/default/files/atoms/files/frida-awid_fieldreport_final_web_issuu.pdf

2200

2201

Gladstone, R. and Specia, M. (2020) “Nigeria’s police brutality crisis: what’s happening now”, NY Times, https://www.nytimes.com/ article/sars-nigeria-police.html 11 Abiloa, S. (2020) “Nigeria police protests: How the youth mobilised across a divided country”, https://ecfr.eu/article/nigeria-policeprotests-how-young-people-mobilised-across-a-divided-country/

2202

2203

12 Malumfashi, S. (2020) “Nigeria’s SARS: a brief history of the Special Anti-Robbery Squad”, Aljazeera, https://www.aljazeera.com/ features/2020/10/22/sars-a-brief-history-of-a-rogue-unit Haynes, S. (2020) “‘We are able to get things done.’ Women are at the forefront of Nigeria’s police brutality protests”, Time Magazine, https://time.com/5902123/nigeria-women-endsars-protest-movement/

2204

Ibid.

2205

Dark, S. (2020) “Female leadership in Nigeria’s EndSARS movement helped it grow, then gave it staying power”, Quartz Africa. https:// qz.com/africa/1925923/female-leadership-in-nigerias-endsars-protests-was-vital/

2206

HRW (2019) “Violence against women pervasive in Nigeria: adoption of Nigeria’s UPR”, https://www.hrw.org/news/2019/03/14/violenceagainst-women-pervasive-nigeria

2207

2208

Quartz Africa, “Female leadership in Nigeria’s EndSARS movement helped it grow, then gave it staying power”, 2020, https://qz.com/ africa/1925923/female-leadership-in-nigerias-endsars-protests-was-vital/ Dark, S. (2020) “Female leadership in Nigeria’s EndSARS movement helped it grow, then gave it staying power”, Quartz Africa. https:// qz.com/africa/1925923/female-leadership-in-nigerias-endsars-protests-was-vital/

2209

Vanguard (2020) “Five demands from #EndSARS protestors”, https://www.vanguardngr.com/2020/10/five-demands-from-endsarsprotesters/

2210

13 Aina, F. (2020) “Young people and police brutality: generational leadership in Nigeria”, WEF, https://www.weforum.org/ agenda/2020/11/youth-and-leadership-in-nigeria/

2211

2212

14 Gladstone, R. and Specia, M. (2020) “Nigeria’s police brutality crisis: what’s happening now”, NY Times, https://www.nytimes.com/ article/sars-nigeria-police.html

2213

2214

Akinwotu, E. (2020) “Nigeria to disband Sars police unit accused of killings and brutality”, The Guardian, https://www.theguardian.com/ world/2020/oct/11/nigeria-to-disband-sars-police-unit-accused-of-killings-and-brutality Ibid.

2215

BBC (2020 “End Sars protests: the Nigerian women leading the fight for change”, https://www.bbc.com/news/world-africa-55104025

2216

332

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AWD Report 2020

Ibid.

2217

Haynes, S. (2020) “‘We are able to get things done.’ Women are at the forefront of Nigeria’s police brutality protests”, Time Magazine, https://time.com/5902123/nigeria-women-endsars-protest-movement/

2218

15 Time Magazine, (2021) “ Feyikemi ‘FK’ Abudu, Odunayo Eweniyi and Damilola Odufuwa”, https://time.com/collection/time100next-2021/5937623/end-sars-activists-feyikemi-abudu-odunayo-eweniyi-and-damilola-odufuwa/

2219

UN Women, “Creating safe and empowering public spaces with women and girls”, https://www.unwomen.org/en/what-we-do/endingviolence-against-women/creating-safe-public-spaces

2220

16 DW.com (2014) “#MyDressMyChoice: Kenyans hold rally to support woman beaten for wearing miniskirt”, https://www.dw.com/en/ mydressmychoice-kenyans-hold-rally-to-support-woman-beaten-for-wearing-miniskirt/a-18069645

2221

17 Ibid.

2222

Durham Global Challenges, Centre for Doctoral Training (2020) “Sexual harassment in public transit spaces in Kenya”

2223

2224

UN Women, “Creating safe and empowering public spaces with women and girls”, https://www.unwomen.org/en/what-we-do/endingviolence-against-women/creating-safe-public-spaces 18 DW.com (2014) “#MyDressMyChoice: Kenyans hold rally to support woman beaten for wearing miniskirt”, https://www.dw.com/en/ mydressmychoice-kenyans-hold-rally-to-support-woman-beaten-for-wearing-miniskirt/a-18069645

2225

19 Ibid.

2226

#MyDressMyChoice: Kilimani Mums Set To Protest In Support Stripped Woman - Mpasho News, https://mpasho.co.ke/lifestyle/2014-1114-mydressmychoice-kilimani-mums-set-to-protest-in-support-stripped-woman/

2227

20 Santos, I. and Seol, B. (2015) “#MyDressMyChoice: tackling gender discrimination and violence in Kenya one tweet at a time”, https://blogs.worldbank.org/developmenttalk/mydressmychoice-tackling-gender-discrimination-and-violence-kenya-one-tweet-time

2228

21 DW.com (2014) “#MyDressMyChoice: Kenyans hold rally to support woman beaten for wearing miniskirt”, https://www.dw.com/en/ mydressmychoice-kenyans-hold-rally-to-support-woman-beaten-for-wearing-miniskirt/a-18069645

2229

22 Santos, I. and Seol, B. (2015) “#MyDressMyChoice: tackling gender discrimination and violence in Kenya one tweet at a time”, https://blogs.worldbank.org/developmenttalk/mydressmychoice-tackling-gender-discrimination-and-violence-kenya-one-tweet-time

2230

23 KBC Channel 1 (2014) “#MyDressMyChoice demonstration”, https://www.youtube.com/watch?v=Qm8mf8SvddI

2231

ITDP (2018) “#MyDressMyChoice: how women fought harassment in Kenya”, https://www.itdp.org/2018/05/02/st-magmydressmychoice/

2232

Ibid.

2233

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333

African Women' s Decade 2010-2020: Ten Years On, Where Are We?

Articles inside

9.1. Issue Analysis

Miss Geek Africa – Promoting Girls in Science, Technology, Engineering and Maths 9. YOUNG WOMEN’S MOVEMENT ....................................................................................................................................................... 269

8.2. Trends in Constitutional, Legal, Policy and Institutional Reform

Equal Education Rights for Pregnant Girls and Women in Sierra Leone

8.3. Challenges and Gaps CASE STUDIES ............................................................................................................................................................................................ 266

8.1. Issue Analysis

Kwataniza Women Farmers Group Fighting Climate Change 8. EDUCATION, SCIENCE AND TECHNOLOGY ................................................................................................................................ 261

7.4. Challenges and Gaps CASE STUDIES ............................................................................................................................................................................................. 258

Young Women’s Movement: Fridays for Future, Uganda Chapter

Equal Land Rights for Women in Botswana 7. ENVIRONMENT AND CLIMATE CHANGE ........................................................................................................................................ 251

7.1. Issue Analysis

Mama Ardhi Alliance: Securing Land Rights for Women in Tanzania

6.4. Challenges and Gaps CASE STUDIES ............................................................................................................................................................................................ 249

6.3. Trends in Legal, Policy and Institutional Reform

6.2. Constitutional Provisions

6.1. Issue Analysis

Advancing Women’s Peace and Security in the Great Lakes Region: Case Study of Burundi Crisis of 2015 6. AGRICULTURE AND FOOD SECURITY ........................................................................................................................................... 243

Uniting in Diversity: The Women Initiative for Sustainable Community Development in Plateau State, Nigeria

5.3. Challenges and Gaps B. CASE STUDIES ........................................................................................................................................................................................ 239

4.3. Challenges and Gaps 5. WEST AFRICA .......................................................................................................................................................................................... 235

2.3. Challenges and Gaps 3. NORTH AFRICA ...................................................................................................................................................................................... 228

1.3. Challenges and Gaps 2. EAST AFRICA ........................................................................................................................................................................................... 225

1.2. Trends in Legal, Policy and Institutional Reform

1.1. Constitutional Provisions

5.2. Laws, Policies, Strategies/National Action Plans A. REGIONAL ANALYSIS .......................................................................................................................................................................... 219

5.1. Issue Analysis

The African Union Campaign to End Child Marriage 5. WOMEN, PEACE AND SECURITY ..................................................................................................................................................... 214

The Criminalisation of Female Genital Mutilation in Sudan

5.3. Challenges and Gaps B. CASE STUDIES ......................................................................................................................................................................................... 212

5.2. Trends in Legal, Policy and Institutional Reform

4.2. Trends in Legal, Policy and Institutional Reform

5.1. Constitutional Provisions

4.3. Challenges and Gaps 5. WEST AFRICA .......................................................................................................................................................................................... 207

3.3. Challenges and Gaps 4. SOUTHERN AFRICA .............................................................................................................................................................................. 203

3.2. Trends in Legal, Policy and Institutional Reform

3.1. Constitutional Provisions

2.3. Challenges and Gaps 3. NORTH AFRICA ...................................................................................................................................................................................... 199

2.2. Trends in Legal, Policy and Institutional Reform

2.1. Constitutional Provisions

1.3. Challenges and Gaps 2. EAST AFRICA ........................................................................................................................................................................................... 194

1.2. Trends in Legal, Policy and Institutional Reform

4.1. Issue Analysis

4.2. Laws, Policies, Strategies/National Action Plans A. REGIONAL ANALYSIS .......................................................................................................................................................................... 188

The Power of Grandmothers to Treat Depression and Anxiety: The Friendship Benches 4. VIOLENCE AGAINST WOMEN AND HARMFUL PRACTICES .................................................................................................... 181

Landmark Petition Gives Maternal Health Rights Their Place in the Ugandan Constitution

5.3. Challenges and Gaps

4.3. Challenges and Gaps 5. WEST AFRICA ........................................................................................................................................................................................... 174

4.2. Trends in Legal, Policy and Institutional Reform

5.2. Trends in legal, Policy and Institutional Reform

3.2. Trends in legal, Policy and Institutional Reform

3.3. Challenges and Gaps 4. SOUTHERN AFRICA .............................................................................................................................................................................. 168

2.3. Challenges and Gaps 3. NORTH AFRICA ...................................................................................................................................................................................... 165

1.3. Challenges and Gaps 2. EAST AFRICA ........................................................................................................................................................................................... 162

3.2. Laws, Policies, Strategies/National Action Plans A. REGIONAL ANALYSIS ........................................................................................................................................................................... 157

3.1. Issue Analysis

5.2. Trends in Legal, Policy and Institutional Reform

The Women’s Situation Room

5.3. Challenges and Gaps B. CASE STUDIES ........................................................................................................................................................................................ 148

Senegal’s Campaign for Parity and Successful Adoption of the Law on Parity 2010

5.1. Constitutional Provisions

4.3. Challenges and Gaps 5. WEST AFRICA .......................................................................................................................................................................................... 144

1.3. Challenges and Gaps 2. EAST AFRICA ............................................................................................................................................................................................ 133

3.3. Challenges and Gaps 4. SOUTHERN AFRICA .............................................................................................................................................................................. 140

4.1. Constitutional Provisions

2.2. Trends in Legal, Policy and Institutional Reform

4.2. Trends in Legal, Policy and Institutional Reform

3.2. Trends in Legal, Policy and Institutional Reform

2.3. Challenges and Gaps 3. NORTH AFRICA ....................................................................................................................................................................................... 137

2.1. Constitutional Provisions

1.1. Constitutional Provisions

2.2. Laws, Policies, Strategies/National Action Plans

2.1. Issue Analysis

1.2. Trends in Legal, Policy and Institutional Reform

Promotion of Women Living with Disabilities’ Right to Work in Madagascar 2. GOVERNANCE, LEGAL PROTECTION AND WOMEN IN DECISION-MAKING ................................................................... 124

4.3 Challenges and Gaps 5. WEST AFRICA ............................................................................................................................................................................................ 117

3.3 Challenges and Gaps 4. SOUTHERN AFRICA ............................................................................................................................................................................... 112

Gender-Responsive Budgeting in Uganda: the Certificate for Gender and Equity

3.2 Trends in Legal, Policy and Institutional Reform