Make Every Woman Count
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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