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