Eunice Kilonzo: Safeguarding rights and empowering youth

June 16, 2011

Safeguarding rights and empowering youth

Eunice Kilonzo

As part of the Solidarity for African Women's Rights (SOAWR) coalition's essay

competition ('Why is the Protocol on the Rights of Women in Africa important to

you?'), Eunice Kilonzo discusses the strengths and limitations of the protocol.

The Protocol on the Rights of Women in Africa is important to me due to two

major reasons, and probably even three, that it safeguards. First, I am an

African, a woman and thirdly a youth. As an African young woman as well as other

youths, we are a special resource that requires special attention not only

because of the demographic bonus but also of the inert energy that we possess.

We are a formidable creative resource that can be harnessed for Africa's

socio-economic development. The protocol is important to me as when the African

heads of state will be convening in Malabo, Equatorial Guinea, they will discuss

about me, about my fellow youths and about our empowerment. The theme of the

summit is `Youth empowerment for sustainable development'.

In order to achieve the positive outcomes in the areas of education, employment,

health and citizenship, to fight poverty among the youth, a holistic approach to

youth development has become an urgent matter that should be focused on. The

African Youth Charter and its rapid entry into force, the celebration of the

Year of African Youth in 2008 and the annual celebration of the African Youth

Day every 1 November, the declaration of a decade (2009–2018) for youth

development, and its approved 10-year plan of action, are convincing evidences

that confirm the continental impetus to the African youth development.

Over time, the youths have been reminded that they are the leaders of tomorrow.

However, the proverbial tomorrow never comes. As a youth I believe our/my

tomorrow has come; our tomorrow is now. Thus by understanding and knowing what

the protocol entails then we will be taking the first steps towards

understanding how to achieve sustainable development. Statistically, about 62

per cent of Africa's overall population fall below the age of 35 and more than

35 per cent are between 15 and 35 years old. 6,000 young people are infected

with HIV/AIDS every day all over the world, most of them girls in sub-Saharan

Africa.

On 26 October 2005, the Protocol to the African Charter on Human and Peoples'

Rights on the Rights of Women in Africa received its 15th ratification, meaning

the protocol entered into force on 25 November 2005. This date was also

significant as it coincided with the start of the international 16 Days of

Activism to End Violence Against Women campaign. This marked a milestone in the

protection and promotion of women's rights in Africa, creating new rights for

women in terms of international standards.

The protocol is crucial for the protection and promotion of women's rights. For

instance, in its first article it calls for equality for all by eliminating

discrimination against women. The protocol urges states parties to commit

themselves to modify the social and cultural patterns of conduct of women and

men through public education, information, education and communication

strategies, with a view to achieving the elimination of harmful cultural and

traditional practices and all other practices which are based on the idea of the

inferiority or the superiority of either of the sexes, or on stereotyped roles

for women and men. This protocol in my opinion is the architecture essential for

change. This in a nutshell means that it advocates for the changing of negative

power relations, gender inequality and the disempowerment and impoverishment of

women in Africa.

In addition, the protocol in article 5 calls for the legal prohibition of female

genital mutilation. It also asks for the provision of necessary support to

victims of harmful practices through health services, legal and judicial support

and emotional and psychological counselling, as well as vocational training to

make them self-supporting. The protocol further prohibits the abuse of women

through all other forms of harmful practices which negatively affect the human

rights of women and which are contrary to recognised international standards.

Thus it sets forth a broad range the social welfare rights for women. The rights

of particularly vulnerable groups of women, including widows, elderly women,

disabled women and `women in distress' – which includes poor women, women from

marginalised populations groups, and pregnant or nursing women in detention –

are specifically recognised. This article thus protects me and other women from

any harmful practices.

Article 6 of the protocol states that `women and men enjoy equal rights and are

regarded as equal partners in marriage'. This particular article is important to

me because it clearly spells out that no marriage shall take place without the

free and full consent of both parties, thus forced marriages will be a thing for

the past, especially in some communities in my country. Another great provision

is that the minimum age of marriage for women shall be 18 years, thus child

brides are no more. Another clause of interest to me is that upon marriage, I

shall have the right to maintain my maiden name jointly or separately with my

husband's surname. Thus I will not have to go through a long process of

paperwork to register a new acquired name. In addition, during the marriage I

shall have the right to acquire my own property and to administer and manage it

freely.

Article 11 deals with the protection of women in armed conflicts. It calls for

states parties undertake to respect and ensure respect for the rules of

international humanitarian law applicable in armed conflict situations, which

affect the population, particularly women. A third clause of the articles

denotes that states parties undertake to protect asylum-seeking women, refugees,

returnees and internally displaced persons, against all forms of violence, rape

and other forms of sexual exploitation, and to ensure that such acts are

considered war crimes, genocide and/or crimes against humanity and that their

perpetrators are brought to justice before a competent criminal jurisdiction.

Also, the states parties shall take all necessary measures to ensure that no

child, especially girls under 18 years of age, take a direct part in hostilities

and that no child is recruited as a soldier.

The protocol endorses in article 12 that the states parties shall take specific

positive action to promote literacy among women, promote education and training

for women at all levels and in all disciplines, particularly in the fields of

science and technology. They will also promote the enrolment and retention of

girls in schools and other training institutions and the organisation of

programmes for women who leave school prematurely. This, coupled with

affirmative action, promotes the equal participation of women, including equal

representation of women in elected office, and calls for the equal

representation of women in the judiciary and law-enforcement agencies.

Articulating a right to peace, the protocol recognises the right of women to

participate in the promotion and maintenance of peace. This addresses the

problem of negative power relations, as few if any women would be allowed let

alone be able to hold any office. Interestingly, the recently passed Kenyan

constitution ensures that more women take up leadership positions. For instance,

Ms Barasa has been nominated for the position of deputy chief justice,

among many other women who are at the helm of authority in my country.

This encourages me, a young woman, to aspire for an office in any field without

fear of being barred by the virtue of being female. In line with article 2 of

the African Charter on Human and Peoples' Rights, the non-discrimination clause,

which provides that the rights and freedoms enshrined in the charter will be

enjoyed by all irrespective of their sex, article 3 states that every individual

will be equal before the law and be entitled to the equal protection of the law.

Other articles of importance to the woman folk include article 18(3), which is

specifically about the protection of the family and promises to ensure the

elimination of discrimination against women and protect their rights.

Youth action is critical to the continent's development. The protocol further

ensures that girls and women can make equally valued contributions to

development, especially in line with the millennium development goals (MDGs).

For instance, the protocol in article 14 explicitly sets forth the reproductive

right of women to medical abortion when pregnancy results from rape or incest or

when the continuation of pregnancy endangers the health or life of the mother.

This comes in light of the many illegal abortions, pregnancy and childbirth that

cause the deaths of at least 250,000 women each year in Africa. This means that

Africa and the world at large lose a great number of its natural resources. It

reminds me of the recent shocking findings in Congo. Women in the Democratic

Republic of Congo (DRC) have been raped at a rate 26 times higher than

previously thought. The shockingly high number is equivalent to 1,152 women

raped every day, 48 raped every hour, or four women raped every five minutes.

The rape itself is traumatising enough not to mention the child conceived from

the heinous act. As innocent as the baby is, it will always be a constant

reminder to the woman of an event she would rather forget, not to mention other

difficulties compounded as a result of the assault. This goes further to show

that sexual violence in the DRC is not only a grievous mass violation of human

rights but is a security threat to the entire nation.

The protocol states that women's sexual and reproductive health is to be both

respected and promoted, which is predicated on women's right to control their

fertility and by the obligation of states to provide adequate, affordable and

accessible health services. It also demands that governments establish and

strengthen existing pre-natal, delivery and post-natal services for all African

women. The protocol enforces the right to self-protection and to be informed of

one's health status and that of one's partner. It also provides for health

services to cope with the effects of HIV/AIDS.

As a youth, I feel there is a lack of connection in my country between the

ministries of justice, finance, of foreign affairs and the ministries of

gender/women. This will mean that even with the protocol in place, the lack of

cohesion will lead to gaps in implementation and monitoring and in turn the

success of a good cause geared at development of the continent obsolete. The

protocol addresses this concern by elaborating that the states that are

signatory to this protocol are expected to implement and monitor the

actualisation of the rights provided in the protocol and, in particular, provide

budgetary and other resources for the full and effective implementation of the

rights recognised in the protocol. They are also expected to report on progress

in their periodic reports to the African Commission on Human and Peoples'

Rights. I share the sentiments of Ugandan activist Mukasa, who noted that

there is often a `disconnection between the pronouncements made at regional

level and the action taken nationally and locally … domestication and

implementation is riddled with challenges that will have to be overcome if the

Protocol is to benefit the women it seeks to protect'. She goes on to identify

three major obstacles in most countries, namely, weak public appreciation of the

centrality of constitutionalism and the rule of law, inadequately resourced

national gender machinery, and lastly, the precedence of entering reservations

on progressive clauses.

In conclusion, I know that the Protocol on the Rights of Women in Africa is

important to me as it safeguards my welfare holistically as well as that of the

future generation of women. It is upon me as a youth to be willing and ready to

use my potential for the development of mother Africa. I believe an empowered

youth is an agent of change. We are critical for the continent's development; it

is our responsibility. I want to be empowered and bring the change Africa needs.

This is a luta continua. Nkozi Africa!

* Eunice Kilonzo is a 21-year-old Kenyan second year student at the University

of Nairobi, pursuing a bachelor of arts (in communication, political science and

literature). She is also an intern at Newsfromafrica. She is the change she

wants to see in the world, and one of these changes is seeing that negative

ethnicity, a vice in her society, is curbed. She believes that while Kenya has

over 42 ethnic tribes, unfortunately unity among them is somehow a façade. Thus

both at the university and through her blog (http://iamnotmytribe.blogspot.com/)

she writes and advocates against negative ethnicity. Besides writing, she likes

travelling, reading and meeting new people.

June 16, 2011