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From Ratification to Implementation: a State Capacity Needs Assessment on Domestication, Implementation and Monitoring of the African Union’s Protocol to the African Charter on Human and Peoples’ Rights in Africa on the Rights of Women

July 2009 TABLE OF CONENTS

List of Abbreviations:...... 3 Executive Summary...... 6 General Findings and Recommendations:...... 6 PART I: BACKGROUND AND INTRODUCTION...... 10 Introduction...... 10 Methodology and Limitations...... 11 Outline of the Study:...... 12 PART II: COUNTRY FINDINGS...... 13 Capacity Issues in Liberia...... 13 Introduction...... 13 Law Reform...... 13 Policies and Programmes to Enhance Women’s Rights...... 15 Institutional Mechanisms for the Promotion and Protection of Women’s Rights...... 17 Snapshot of the Implementation of Key Protocol Provisions in Liberia...... 18 Continuing Challenges for Domestication and Implementation of the AU Women’s Rights Protocol in Liberia...... 25 Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol in Liberia...... 25 State Capacity Building Needs and Initiatives...... 26 Capacity Needs and Initiatives for CSOs...... 26 Capacity Issues in Nigeria...... 28 Introduction:...... 28 Law Reform:...... 29 Policies and Programmes to Enhance Women’s Rights:...... 29 Institutional Mechanisms for the Promotion and Protection of Women’s Rights...... 31 Snapshot of the Implementation of Key Protocol Provisions in Nigeria...... 33 Continuing Challenges for Domestication and Implementation of the AU Women’s Rights Protocol in Nigeria...... 40 Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol...... 40 State Capacity Building Needs and Initiatives...... 41 Capacity Needs and Initiatives for CSOs...... 42 Capacity Issues in Tanzania...... 44 Introduction...... 44 Law Reform...... 45 Policies and Programmes to Enhance Women’s Rights...... 46 Institutional Mechanisms For the Promotion and Protection of Women’s Rights...... 48 Snapshot of the Implementation of Key Protocol Provisions in Tanzania...... 50 Continuing Challenges For Domestication and Implementation of the AU Women’s Rights Protocol...... 59 Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol...... 60 State Capacity Building Needs and Initiatives:...... 61 Capacity Needs and Initiatives for CSOs...... 63 A Brief Word on the Role of the AU and Its Organs...... 64 PART III: Final Conclusions and Recommendations...... 65 ANNEXES...... 66

2 List of Abbreviations:

AU African Union

BPA Beijing Platform of Action

CEDAW Convention on the Elimination of Discrimination Against Women

CSOs Civil Society Organisations

DFID Department For International Development (of the United Kingdom)

ECOWAS Economic Council for West African States

FCT Federal Capital Territory

FGM Female Genital Mutilation

FLE Family Life Education

FMWASD Federal Ministry for Women’s Affairs and Social Development

GB Great Britain

GBV Gender Based Violence

GDP Gross Domestic Product

IEC Information, Education and Communication

ILO International Labour Organisation

INEC Independent National Electoral Commission

JP Justices of the Peace

LACA Local Agency for the Control of AIDS

LEEDS Local Economic Empowerment Development Strategy

LGAs Local Government Areas

LNAP Liberia National Action Plan

MDG Millennium Development Goals

MoGD Ministry of Gender and Development

3 MoJ Ministry of Justice

NACA National Agency for the Control of AIDS

NCWD National Centre for Women Development

NEEDS National Economic Empowerment Development Strategy

NGOs Non Governmental Organisations

NPA National Plan of Action

NPoA National Plan of Action

NSGD National Strategy for Gender Development

NSGRP National Strategy for Growth and Reduction of Poverty

OSIWA Open Society Institute for West Africa

PRS: Poverty Reduction Strategy

PRSP Poverty Reduction Strategy Paper

RHV Raising Her Voice

SACA State Agency for the Control of AIDS

SADC Southern Africa Development Community

SEEDS State Economic Empowerment Development Strategy

SGBV Sexual and Gender Based Violence

SOAWAR Solidarity for African Women’s Rights

SOSPA Sexual Offences (Special Provisions) Act

TASAF Tanzania Social Action Fund

UK United Kingdom

UN JP FSN United Nations Joint Programme on Food Security and Nutrition

UN JP GEWEE: United Nations Joint Programme on Gender Equality and Women’s Economic Empowerment

UN JP SGBV: United Nations Joint Programme to Prevent and Respond to Sexual and Gender Based Violence

4 UN JPYEE United Nations Joint Programme for Employment and the Empowerment of Young Women and Men

UN United Nations

UNDP United Nations Development Programme

UNHCR United Nations High Commissioner for Refugees

UNICEF United Nations Children’s Fund

UNIFEM United Nations Development Fund for Women

UNSC United Nations Security Council

VVF Vesico Vagina Fistula

5 Executive Summary

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (herein after called the AU Women’s Rights Protocol) entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments The African Union, in adopting a treaty specifically concerning women, intended to reinforce the message that women's rights require priority attention in the protection of universal and inalienable rights. To date, 26 out of the 53 African states have ratified the AU Women’s Rights Protocol.

Article 26 of the AU Women’s Rights Protocol enjoins States Parties to “ensure the implementation of this Protocol at the national level” and to indicate in periodic reports “legislative and other measures undertaken for the full realization of the rights herein recognized”. States have an affirmative obligation to “undertake all necessary measures and in particular to provide budgetary and other resources for the full and effective implementation of the rights”. Further, they are required to harmonize the obligations of the Protocol with their domestic law obligations. By incorporating these principles into domestic law, the States are able to enforce the provisions in their own countries.

To enable the AU Women’s Rights Protocol have meaning and life beyond the paper it is written on, the major question thus becomes, what, if anything, are the States that have ratified the AU Women’s Rights Protocol doing to domesticate and implement it. But additionally, in order to move beyond finger-pointing, the pro-active approach is then to see how best States Parties can be supported in their quest to fulfill their mandate to domesticate and implement the Protocol.

It is with this in mind that the State Capacity Needs Assessment was undertaken. This report presents findings from the Capacity Needs Assessment which was carried out in order to identify possible initiatives that could be put in place to build the capacities of States to deliver on their roles and mandates described the AU Women’s Rights Protocol.

The countries that participated in the State Capacity Assessment, i.e. Liberia, Nigeria and Tanzania, have all ratified the AU Women’s Rights Protocol. At the time of the study though, none of them have made deliberate attempts or progress towards domesticating or implementing the Protocol. Indeed any current progress on promotion and protection of women’s rights in the country is not as a result of intentional domestication and implementation of the AU Women’s Rights Protocol but as a result of earlier efforts on domesticating and implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Whereas CEDAW is an attempt at a generic women’s bill of rights, the AU Women’s Rights Protocol goes much further on many of the rights mentioned in CEDAW and being home grown, addresses some of the rights issues unique to African women such as female gentile mutilation, widow inheritance and property grabbing. The AU Women’s Rights Protocol also sets forth a broad range of economic and social rights of women, particularly the rights of vulnerable groups of women such as widows, elderly women, disabled women. The AU Women’s rights Protocol also covers “women in distress”, which includes poor women, women from marginalized populations, and pregnant or nursing women in detention.

6 General Findings and Recommendations:

The general findings for all the three countries point to the fact that:

. There are already laudable attempts at recognizing, protecting and promoting women’s rights (as seen from the various legislation, programs and institutional mechanisms that exist) and as such, any capacity building initiative will be a stepping-stone to enhance and strengthen current efforts.

. There are numerous opportunities for domestication, implementation and monitoring of the AU Women’s Rights Protocol. What is urgently needed is for the various entry points to be streamlined so as to make monitoring and reporting easier.

. The Gender Machineries have a key role as lead agencies for driving domestication, implementation and monitoring of the AU Women’s Rights Protocol.

. At the same time, it is very evident that any advances in the domestication, implementation and monitoring of the AU Women’s Rights Protocol will need the combined voice, strength and expertise of various players especially the Gender Ministries and CSOs (led by the Solidarity for African Women’s Rights Coalition (SOAWR) partners).

. There is need to inject momentum into the drive for domestication, implementation and monitoring of the AU Women’s Rights Protocol. Energies may have waned as a result of the many years invested in advocacy to get countries to ratify the Protocol. But now that ratification has been accomplished (in part), the activists and their allies in the countries that have ratified need a new rallying point possibly in the form of a focused continent- wide campaign on domestication and implementation of the Protocol.

The major and cross cutting states capacity building recommendations are:

1. Developing training materials and conducting training sessions/series on the AU Women’s Rights Protocol to key publics including Judicial Officers, Gender Focal Points, key committees in Parliament that have direct oversight for ensuring state compliance with the Protocol

2. Working with the Ministries of Gender and their key allies (especially the Ministries of Finance) to develop a specific strategy for domestication, implementation and monitoring of the AU Women’s Rights Protocol.

3. Empowering Gender Focal Points to coordinate integration, analysis and reporting on the domestication and implementation of the AU Women’s Rights Protocol

4. Developing a communication strategy that would address the benefits of the Protocol as well as any fears associated with its domestication or implementation. Such a Communication Strategy should have broad reach and appeal to the general public making use of approaches such as ‘edutainment’ or theatre for development to explain the Protocol to the citizenry.

7 5. Strengthening the monitoring capacities of key actors such as the Gender Ministries, Gender Focal Points, and the responsible committees of Parliament as well as the CSOs themselves.

6. Building the capacities of Governments to mainstream gender budgeting, so that even within their limited resources, Governments are still enabled to pay attention to and direct money towards implementation of the AU Women’s Rights Protocol.

Additionally, given that CSOs are a vital link and player in the promotion and protection of women’s rights, it is important to build their capacity alongside that of States. In this regard, the following capacity initiatives are recommended for them:

. Support CSOs, especially SOAWR members to launch an advocacy campaign for domestication and implementation of the Protocol.

. Assist the SOAWR partners to develop a range of IEC materials on the Protocol and implement part of the Communication strategy developed by Government

. Improve the monitoring capacity of CSOs in areas such as budget tracking and monitoring and human rights documentation so that they can ensure that the AU Women’s Rights Protocol is being domesticated and implemented by their States.

. Support initiatives that strengthen the civic competence of local communities, especially women so that they can bring pressure to bear on Governments as a means to increase accountability for domestication and implementation of the AU Women’s Rights Protocol

8 PART I: BACKGROUND AND INTRODUCTION

Introduction

The States capacity needs assessments are one component of a larger project Oxfam is implementing in eight African countries called “Raising Her Voice (RHV)”. The programme is being funded by DFID to promote the right and capacity of poor women to engage effectively in governance. In Africa it includes one Pan Africa continental coordination project with eight (8) associated pieces of project work in eight African countries; The Sudan, Tanzania, Uganda, The Gambia, Mozambique, Liberia, Nigeria and South Africa.

In Africa the programme will pursue the goal of strengthening national legislation, adequate budgeting and implementation of the African Union Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (AU Women’s Rights Protocol), through community popularization and advocacy activities. Oxfam is supporting women’s organizations in each country to work with the African Union and their respective governments to make the AU Women’s Rights Protocol a force for freedom and effective empowerment for women in the continent.

In order to reach the RHV Africa program’s objective of ratification and domestication of the Protocol, states must have the capacity to respond, institute, implement and monitor implementation of the Protocol. More often than not, states face capacity constraints that include financial, technical, structural, procedural and political barriers, which impede the implementation of the Protocol. Thus the current States Capacity Needs Assessment becomes critical to enable identification of possible initiatives that could be put in place to build the capacities of States to deliver on the Protocol in order to enhance the realization of rights and the improvement of the welfare of women on the African continent.

The Capacity Needs Assessment took place in three of the 8 participating African countries namely Liberia, Nigeria and Tanzania. The three countries were chosen on the basis of the fact that they have all ratified the Protocol. Additionally, each country provides a unique political, social and cultural terrain for domestication and implementation. Liberia offers the opportunity to work with a post conflict state which is rebuilding its policy norms and standards and which has demonstrated some political will for women’s rights. Nigeria is a federal state with some states being Islamic leaning, so it becomes interesting to test how domestication and implementation would work in such a context. Tanzania offers the experience of a country that has ratified without any reservations and which has been in the lead in the region in promoting women’s participation in politics and decision making at all levels.

The countries that participated in the study face similar challenges in addressing domestication, implementation and monitoring of the AU Women’s Rights Protocol. These challenges include the slow pace of legal reforms, which often means that there are many laws that remain discriminative. This is compounded by low legal literacy especially among women, which means they often cannot access their rights. Other challenges include poor access to justice, the negative

9 culture and attitude towards women that often impedes change, limited resources to effectively implement the Protocol, poor or minimum collaboration between civil society and key government players, dual or pluralistic legal systems that are often in conflict with each other and gender issues being left to women alone.

Another major limiting factor to the domestication and implementation of the Protocol that all the three countries face is low level of political will to address women’s rights issues. Political will is an important element of social change, and an indication of responsible leadership that takes women’s human rights seriously. Unfortunately, in too many cases, political will is altogether lacking, as authorities in power shy away from potential controversies related to upholding women’s human rights. Men [and women] be they community members, tribal leaders or legislative representatives, may be hesitant to challenge and change a socio-legal structure which effectively benefits their gender status. Why rock the boat, when they themselves risk falling out?

The apathy and inertia of political leaders in many countries, be it due to corruption, ineptitude, or simply because ‘women’s issues’ are inevitably given low priority in public policy, is a major reason why so many women continue to face an uphill struggle with regard to appropriating their rights. Political authorities excuse their own lack of leadership on a multitude of grounds. Politicians blame the predominant ‘culture’, traditional norms, the lack of resources; in some cases, they even blame women themselves for not fighting hard enough for their rights. Legislative and judicial authorities point the finger at each other, passing the buck for the slow pace of change. It is always someone else who is not doing their job properly; no one will take responsibility, let alone the blame. As a result, women’s concerns all too often fall on deaf ears.

The effects of a lack of political will are severe to say the least, especially for women. Policies may be formulated, programmes planned and legislation drafted, but an unwillingness to implement policies, allocate resources to programmes and take a stand on legislation makes such measures meaningless. Lack of political will is an extremely difficult issue to address, as it often pervades the entire system. It is frustrating, for a few sympathetic advocates in positions of power cannot make a huge difference on behalf of women’s rights. Ideally, though, we should have more to depend on than just the occasional progressive politician to uphold women’s human rights. Political will must extend beyond the individual and become institutionalized requiring all political bodies to integrate a gender-focused and gender-sensitive framework – they themselves must become part of the fight for women’s human rights. When political will exists, governments and state agencies can play an enormous positive role in protecting and promoting women’s rights, in overturning discriminatory laws, and in challenging gender stereotypes.

Methodology and Limitations Two Consultants were hired to carry out the Capacity Needs Assessment. Based on an assessment template, interviews were held with key State institutions as well as leading women’s rights and human rights organizations. Interviews were also held with key donors and UN agencies in order to get a sense of initiatives that are needed for the state to be able to deliver on its commitments under the Protocol (financial, technical etc) in each country. 1 The Consultants also conducted a literature review of various policies, laws and reports with a view to assessing the legal and policy framework on gender in the three countries in order to identify potential opportunities/ entry points for collaborative work in domesticating, implementing and monitoring the AU Protocol. The SOAWR lead agencies in each of the three countries2 assisted the consultants in setting up appointments as well as hosting validation meetings at the end of each country visit.

1 The Assessment Template and a list of persons interviewed per country are attached in the annexes of the Report.

10 The Consultants spent an average of 7 days in each country. The diagram below shows the various stakeholders that are key to domestication, implementation and monitoring that were interviewed during the study:

Ministry of Gender Development Ministry of Partners/UN Justice Agencies

SOAWR Ministry of members and Finance other NGOs AU Women’s Rights Protocol

Ministry of Law Reform Foreign Commission Affairs

Parliament, Relevant National Committees, Human Rights and Women’s Commission Caucus

Because of the tight timeframe, the major challenge was in speaking to all the right people. At the same time though, we believe that there is a good enough mix of both state and CSO representatives to create an accurate picture about the capacity needs. Secondly, the validation meetings, where all the people interviewed were invited to attend, also acted as a backup of the information collected and the capacity needs identified.

Outline of the Study: The study is divided into three broad parts. Part I deals with the back ground to and rationale for the country assessments. Part II presents the findings by country with a snap shot of the extent to which the countries have attempted to domesticate and implement the AU Women’s Rights Protocol (albeit unintentionally). The country snap shots are intended to provide a sense of the

2 In Liberia, the SOAWR Members are Women of Liberia Peace Network(WOLPNET) and Women Non- Governmental Organisations Secretariat of Liberia(WANGOSOL)

11 work that still needs to be done in order for them to be fully compliant with the Protocol. Part III then gives the concluding remarks and recommendations for states capacity building. PART II: COUNTRY FINDINGS

Capacity Issues in Liberia

Introduction

Liberia has a three-tier government which, includes the executive headed by a President, the Judiciary and a bi-cameral legislative system. It is a unitary state made up of fifteen counties 3 with each having its own provincial capital. It runs on a system of centralized government, and the government introduced a process of decentralization, through the establishment of County Support Teams to support County Superintendents and Assistant Superintendents in all fifteen counties.

Liberia has emerged from fourteen years of civil conflict (1989 to 2003), which saw the population experience untold hardship and brutality, with women and young girls suffering un- imaginable assaults. After two rounds of elections, President Ellen Johnson Sirleaf was elected in 2005 and thus began the long process of healing for the country. The Government has introduced a broad set of policies to foster peace, accelerate reconstruction and development, and build strong systems of governance. The post conflict years have provided an opportunity to undertake among other things reforms in several sectors, including, justice sector reform, civil service, agriculture, education and prisons. There has been a widely consulted, publicized and distributed Poverty Reduction Strategy (PRS) whose implementation period is April 2008 – June 2011.

At the time Liberia ratified and domesticated CEDAW and the AU Women’s Rights Protocol there emerged in the country a loose coalition of strategic partners, consisting of women’s organizations, development partners and women in senior positions of government who understood the issues at hand and worked closely with the national legislators to ensure that these key documents where domesticated. Therefore, there were no reservations made by Liberia and also, there was very little public debate about what exactly the AU Women’s Rights Protocol or CEDAW was all about. It is safe to say, that the general public was pre-occupied with other pressing concerns and therefore the general discussion that could have caused consternation did not really take place. The exact date of the domestication of the AU Women’s Rights Protocol is not clear – some interviewed claimed it happened at the same time as the CEDAW, but neither the Ministry of Justice nor leading women’s rights organizations could provide the materials to support this claim. The reasons for this was that the war caused a lot of “mis-directed interests” engage in the work of the ministry.

At the time of this study, Liberia had instituted some measures towards promotion and protection of women’s rights including

Law Reform

 Chapter III, Article 11 (c) of the 1984 Constitution states that “all persons are equal before the law and are therefore entitled to equal protection of the law. Article 18 states

3 Bomi, Bong, Gbarpolu, Grand Bassa, Grand Cape Mount, Grand Gedeh, Grand Kru, Lofa, Margibi, Maryland, Montserrado, Nimba, River Cess, River Gee and Sinoe.

12 that “all Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and all shall be entitled to equal pay for equal work”. There is however no specific article on non-discrimination.

 The government of Liberia has initiated a number of reforms around the law the first of these being the establishment of “Criminal Court “E”. As Liberia returned to normalcy the government sought to address the backlog of sexual and genders based violence (SGBV) cases in the criminal justice system and increase the number of women reporting cases and expecting persecutions from these reports. The reason for setting up the court was to strengthen the judicial system to quickly and adequately hear SGBV related criminal proceedings. The second objective of the project was to build the capacity of legal professionals and court officials who would work in the special court. Criminal Court “E” is equipped to conduct in-camera trials involving rape cases, allowing for protection of the identity of the victim and the witnesses during testimonies. This is in accordance with international standards. Criminal Court “E” is operational throughout the year.

 The government of Liberia in January 2002 adopted a new education law titled “An Act to Adopt the Education Law A.D. 2001” thereby repealing the education law of 1972. One of the cardinal principles under which the new law is premised is section 1.3(e), which stipulates that the education policy shall entail “enhancing women's rights and up- liftment of their status in society”. Additionally, section 1.3 (c) states, that “the Ministry of Education shall institute and design special programmes and policies to ensure gender equity at all levels of school that will bring both sexes in parity and in harmony”.

 The government of Liberia amended The Penal Code Act in December 2005, chapter 14 sections 14.70 and 14.71 to provide for the crime of gang rape. Thus the Penal Code now reads:

1. Offence: A person who has sexual intercourse with another person (male or female) has committed rape if: a) (i) He intentionally penetrates the vagina, anus, mouth or any other opening of another person (male or female) with his penis, without the victim’s consent; or,

(ii) He/She intentionally penetrates the vagina or anus or another person with a foreign object or with any other part of the body (other than the penis), without the victim’s consent.

b) The victim is less than eighteen (18) years old, provided the actor is eighteen (18) years of age or older.

2. Gang Rape: A person has committed Gang Rape, a first degree felony if:

He or she purposely promotes or facilitates rape or agrees with one or more persons to engage in or cause the performance of conduct, which shall constitute Rape.

 In October 2003, the government amended the inheritance act, “An Act to Govern the Devolution of Estates and Establish Rights of Inheritance for Spouses of Both Statutory and Customary Marriages”. The amendments established equal inheritance rights for

13 widowed women of customary as well as statutory marriages. This legislative reform marked a significant step in the protection of rights for married women regardless of which system they contracted their marriage.

 In 2009, the government of Liberia, established the sexual and gender based violence (SGBV) crimes unit domiciled at the Ministry of Justice (MoJ) all in bid to provide government with the necessary capacity to prosecute SGBV crimes. The unit is staffed by MoJ attorneys and prosecutorial investigators specially trained in SGBV crimes, at the moment the unit is responsible for monitoring, investigating and prosecuting criminal cases arising from incidents of sexual assault and abuse, incest, rape, gang rape and sexual exploitation. As part of the creation of this unit, a prosecution handbook 4, concentrating on the prosecution of sexual assault was developed and is intended to serve two purposes, i.e. as a day-to-day resource for prosecutors and as a training tool. This manual has been designed to be a comprehensive guide to the prosecution of sexual assault and abuse. The Handbook is a part of the Ministry of Justice’s ongoing efforts to improve prosecution services, support the rights of victims, increase access to justice and uphold the rule of law. The Handbook was drafted with the support of local and international partners, particularly the Ministry of Gender and Development (MoGD), The Carter Center, and the United Nations High Commission for Refugees.

Policies and Programmes to Enhance Women’s Rights

 Implementation of United Nations Security Council Resolution 1820 (2008) deals with the prevention and response to sexual violence in situations of armed conflict, post- conflict and its implications for the maintenance of peace and security. Sexual and gender based violence (SGBV) was used systematically as a weapon of war during the fourteen year conflict and even after the conflict, SGBV continues to be a serious problem facing women and children. For example, rape is currently the number one crime reported to the Liberia National Police. A recent study conducted in the 15 counties of Liberia indicated that survivors are between the ages of 10 and 19, while the socio-economic situation has exposed many women and girls to sexual exploitation and abuse. Several mechanisms have been adopted by the government, the first includes establishing the National GBV Task Force (2006) which is the co-ordinating body for the implementation on the National Plan of Action on GBV and is chaired by the Ministry of Gender and Development, with local NGOS and development partners as members; the second is the National Plan of Action (NPoA) (2006) which is a policy document that employs various strategies and aims to minimise the high rate of GBV in Liberia; the third is a four year UN/ Government Joint Programme on SBGV which was initiated in 2008 which addresses critical issues reflected in the National GBV Plan of Action through the comparative advantages of UN agencies, UNIMIL sections and other development organisations. These policy decisions on SGBV have come with a diverse set of actions, for example, government run national campaigns on violence against women (2005), an anti-rape campaign (2007), establishment of Criminal Court “E” (2009), review and simplification of four laws5 that protect and promote women’s human rights, strengthening the Ministry of Justice to handle SGBV cases, training programmes and materials on SGBV, and research on rape (2008).

4 The Sexual Assault and Abuse Prosecution Handbook, Government of Liberia, 2009. 5 The Penal Code on Rape; Equal Rights of the Marriage Customary Law (1998); Domestic Relations Law; and Truth and Reconciliation Commission Act.

14  The government of Liberia undertook an inclusive and participatory bottom-up process to develop and launch the National Action Plan for the implementation of UN SC Resolution 1325 which is a living four year (2009 – 2013) document that can be adopted according to changes in the Liberian context. It’s implementation is not limited only to the actions it highlights but additional activities and measures can be initiated as necessary, bearing in mind the need for coherence and taking full account of the co- ordination role of the Ministry of Gender and Development (MoGD). The LNAP as it is popularly called is constructed on four pillars: Protection, Prevention, Participation, Empowerment and makes reference to the Poverty Reduction Strategy (PRS). Each pillar contains a number of strategic issues and priority areas to be addressed with outputs and indicators. The four pillars include actions on Policy Review and Development, Capacity Building, Advocacy and Lobbying, Construction of Facilities, Research and Documentation, Monitoring and Evaluation.

 The government of Liberia through the Ministry of Education working in collaboration with UNICEF adopted the National Policy on Girls Education in 2005. The National Policy on Girls Education sets forth the strategies to be adopted to forestall the huge gender imbalances in the education of the male and female child. The national policy on girls education very briefly calls for the following measures to be taken: meeting MDG goal 2 by providing free and compulsory education primary school and reducing secondary school fees by 50 percent; recruiting and training more female teachers, providing counselling in school for girls; ending the impunity of teachers who commit sexual abuse and assault of students; offering life skills at schools to raise the self-esteem so girls can say no to sexual abuse; increasing the availability of small scale scholarships for girls; strengthening health systems in schools; opening new PTAs and girls clubs; and promoting adult literacy.

 The government of Liberia has a National Police Gender Policy. This Police Gender Policy sets out principles for the implementation of strategies in achieving the objectives contemplated in both this Policy and any National Gender Policy and other relevant regulations. The Police Gender Policy outlines principles that need to be put in place in monitoring and evaluating progress made in the implementation strategies. This framework seeks to provide an overview of gender issues within the context of the Police that needs to be addressed. It has sought to give an understanding as to how the reality of gender mainstreaming can be enforced within the Police taking into account the historical perspective embedded in the attitudes and conduct prevalent in uniformed institutions. The Police Gender Policy does not in any way outline principles and/or strategies that are not in line with any National Gender Policy but rather it is aimed at complementing as well as ensuring that the national agenda is fulfilled within the spirit of the national framework. Gender issues that need to be addressed: a. Gender and recruitment; b. Gender mainstreaming in education and training; c. Gender balance in promotion; d. Gender balance in position of authority and decision making; e. Gender sensitivity in transfers and placement; f. Sexual harassment in work places; g. Gender sensitive roles of women; h. Gender responsive policing for crimes committed against women and girls.

15  The government to of Liberia has a Poverty Reduction Strategy, which began in April 2008 and will end in 2011. The PRS lays the groundwork for the achievement of gender equity and women’s and girls’ empowerment, promoting equitable access to resources and benefits. In the economic realm, the PRS incorporates gender equity considerations in the development and implementation of macro- and microeconomic policies, as well as programs underpinning the overall growth strategy, with the ultimate goal of promoting women’s economic empowerment. To build a more effective, responsive, and supportive legal, social and political environment, including all aspects of protection and access to justice, health care, and education, the PRS further includes measures for the prevention of and response to GBV including addressing the root causes of the crime and the promotion of an increasing number of women in national security institutions. Toward the building of capacity, the PRS reinforces the institutional framework, capacity and mandate of the Ministry of Gender and Development (MoGD) to take the lead in implementing and monitoring the National Gender Policy, the PRS, and international conventions as well as to mainstream gender in legal, constitutional, and governance reforms. The Government is committed to ensuring that key PRS monitoring data collected are disaggregated by age and sex, where relevant, which will facilitate MDG monitoring and the development of internationally comparable data.

 Liberia has a draft National Gender Policy but it has not yet been adopted.

Institutional Mechanisms for the Promotion and Protection of Women’s Rights

 The Ministry of Gender and Development was established by an Act 6 of Parliament in April 2001. The mandate of the MoGD is set out in Section 38.3 and under 38.3(1) states “co-ordinate effectively the government-wide gender mainstreaming efforts to ensure that the perspectives of both men and women are central to policy formulation, legislation, resource allocations, planning and outcomes of policies and programmes, focusing on gender equality, the empowerment of women and development of children”. The MoGD consists of a department of planning, bureau of administration, bureau of legal affairs, bureau of public affairs and documentation at the central level, including gender co- ordinating mechanisms at the county level to ensure effective operations and decentralisation of its functions.

 All the fifteen counties have Gender Officers reporting directly to the MoGD but working at a county level. Additionally all Ministries have Gender desk officers responsible for ensuring gender is mainstreamed into policies, strategies and programmes of those institutions and structures.

 The Independent National Commission on Human Rights Act of 2005 is to establish a National Human Rights Institution, but this is not yet fully operational.

6 An Act to Amend the Executive Law Title 12 for the Establishment of a Ministry of Gender and Development, April 30th 2001, published by the Ministry of Foreign Affairs.

16 Snapshot of the Implementation of Key Protocol Provisions in Liberia

Protocol Articles Domestication and Implementation status Outstanding Issues. Article 2: Elimination of The 1984 Constitution of Liberia, under Chapter III, Article 11 Under the present Constitution, there is no Discrimination Against (c) states that “all persons are equal before the law and are specific definition of “non-discrimination” as Women therefore entitled to equal protection of the law. Article 18 states defined and required by the AU Women’s that “all Liberian citizens shall have equal opportunity for work Rights Protocol. and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and all shall Government needs to address justiciable non- be entitled to equal pay for equal work”. discrimination, equality and affirmative action.

There is however no specific article on non-discrimination. Government also needs to do more to create public awareness, share information and However, the government of Liberia has adopted several develop communications strategies around measures to integrate a holistic gender perspective in their policy cultural practices that discriminate against decisions, development plans, programmes and activities. These women. include amongst others: Poverty Reduction Strategy (2008); National Policy and Plan of Action on 1325; National Policy and The government needs to develop a functional Plan of Action on GBV (2006); National Policy on Girls mechanism for monitoring the implementation Education (2005). of the various priority programmes that incorporate gender and/or promote and protect women’s rights. Article 4: The Right to Life, The government of Liberia enacted a law establishing Criminal In spite of all these measures, RAPE/ sexual Integrity and Security of the Court “E”. The government sought to address the backlog of violence is the number one reported crime by Person sexual and genders based violence (SGBV) cases in the criminal women and girls. Homeless young women are justice system and increase the number of women reporting cases vulnerable to GBV, gang rape, sexual violence, and expecting persecutions from these reports. The reason for and the destruction of “traditional family setting up the court was to strengthen the judicial system to structures” has resulted in a high number of quickly and adequately hear SGBV related criminal proceedings. these young women being on the streets. The The second objective of the project was to build the capacity of government needs to specifically address the legal professionals and court officials who would work in the issue of homeless young girls. special court. Criminal Court “E” is equipped to conduct in-

17 camera trials involving rape cases, allowing for protection of the The government of Liberia needs to increase identity of the victim and the witnesses during testimonies. This the number of domestic violence shelters and is in accordance with international standards. Criminal Court “E” other such provision in the counties and away is operational throughout the year from the capital Monrovia.

The government of Liberia amended the Penal Code in The government needs to increase the number December 2005, chapter 14 sections 14.70 and 14.71 to provide of rehabilitation measurers for victims for the crime of Gang Rape. (educational opportunities, child care arrangements, learning a trade in hairdressing, Liberia has a National Policy and plan of action on GBV. There sewing, etc). have been several government led initiatives including an anti- rape campaign. The government of Liberia needs to ensure that there is better understanding of Criminal Court In 2009, Liberia the government of Liberia, established the “E” amongst lawyers, victims support sexual and gender based violence (SGBV) crimes unit domiciled networks, professional associations, etc. at the Ministry of Justice (MoJ) all in bid to provide government with the necessary capacity to prosecute SGBV crimes. The unit is staffed by MoJ attorneys and prosecutorial investigators specially trained in SGBV crimes, at the moment the unit is responsible for monitoring, investigating and prosecuting criminal cases arising from incidents of sexual assault and abuse, incest, rape, gang rape and sexual exploitation. As part of the creation of this unit, a prosecution handbook7, concentrating on the prosecution of sexual assault was developed and is intended to serve two purposes, i.e. as a day-to-day resource for prosecutors and as a training tool. This manual has been designed to be a comprehensive guide to the prosecution of sexual assault and abuse. The Handbook is a part of the Ministry of Justice’s ongoing efforts to improve prosecution services, support the rights of victims, increase access to justice and uphold the rule of law. The Handbook was drafted with the support of local and international partners, particularly the

7 The Sexual Assault and Abuse Prosecution Handbook, Government of Liberia, 2009.

18 Ministry of Gender and Development (MoGD), The Carter Center, and the United Nations High Commission for Refugees.

The government have organised training for community members working in the health and security sectors, in psycho social support and trauma counselling to be better able to cater to the immediate needs of GBV and rape survivors.

Additional research / feasibility study has also been conducted in regards to what modalities are most appropriate to provide a safe space for survivors of SGBV. Government have organised an anti-rape campaign – taking the show to all 15 counties in Liberia.

Article 6: Right to Marriage The government has enacted an act Equal Rights of the Whilst the Act is welcome, the government Customary Marriage Law (1998). Under chapter 2 Section 2.1 needs to spend additional resources educating states, “all customary marriages shall be legal within this customary court officials, traditional and Republic, and the rights, duties, liabilities of the statutory wife paramount chiefs, including district shall likewise be accorded to all customary wives, consistent superintendents of the importance of the act with and pursuant to the provisions contained in the Act and what it means for women. Adopting a New Domestic Relations Law, known as Title 9 of the Liberian Code of Laws revised, 1973 and which is hereby Government needs to ensure that women know fully incorporated, as if quoted verbatim herein”. about this Act and are able to seek redress through the mechanisms established. Article 8: Access to Justice Liberia has a National Police Gender Policy. This Police Gender The government still needs to ensure that and Equal Protection of the Policy sets out principles for the implementation of strategies in women have access to legal aid provisions as Law achieving the objectives contemplated in both this Policy and the cost of going to court is prohibitive. any National Gender Policy and other relevant regulations. The Police Gender Policy outlines principles that need to be put in Additionally, government needs to ensure that place in monitoring and evaluating progress made in the the National Police Gender Policy framework implementation strategies. This framework seeks to provide an on “gender sensitive roles of women” has overview of gender issues within the context of the Police that appropriate mechanisms to monitor its needs to be addressed. It has sought to give an understanding as effectiveness.

19 to how the reality of gender mainstreaming can be enforced within the Police taking into account the historical perspective Government also needs to ensure that the embedded in the attitudes and conduct prevalent in uniformed National Police Gender Policy is in line with institutions. the approved National Gender Policy and any other document related to the promotion of women’s access to justice.

Government needs to create adequate awareness through IEC materials on the access to justice available for women and the mechanisms in place to ensure success in reporting to the various authorities, be the police, medical services, etc. Article 9: Right to The government has provided training for women members of Liberia having the first female President in Participation in Political and Parliament and has worked hard at ensuring that women are Africa cannot take away the fact that politics is Decision making Process nominated as political appointees. predominately dominated by men, thus Government has to continue training women at There are no special legal provisions for women’s participation the national level as well as raising their in politics. awareness to participate effectively in politics at all levels.

Article 10: Right to Peace The government launched the Liberian National Policy and Plan The government has clearly demonstrated its of Action on implementing UN security council resolution 1325, ability to prioritise women, peace and security which relies on three pillars, women, peace and security. as fundamental to democracy.

The government is working with the UN, United Nations Mission to Liberia (UNMIL) and members of the international community in achieving results.

As the partners are the UN, there are four joint programmes: (a) UN Joint programme to prevent and Respond to Sexual and Gender Based Violence signed in June 2008 (UN JP SGBV) that

20 takes a holistic approach to addressing the issues of SGBV. b) The UN Joint programme on Food Security and Nutrition (UN JP FSN). This programme was also signed in June 2008. With support from the Government of Denmark, a work plan has been prepared to mainstream gender and to target groups of women farmers in order to improve their livelihoods and their agriculture production capacity. c) The UN Joint Programme on Gender Equality and Women’s Economic Empowerment (UN JP GEWEE), brings together various UN Agencies to support policy development and programme implementation to achieve gender equality in Liberia. d) The UN Joint Programme for Employment and the Empowerment of Young Women and Men (JPYEE) to promote the employability of young women and men, both as a means to economic growth and also as a vehicle for sustained peace and security in Liberia. Article 11: Protection of Implementation of United Nations Security Council Resolution The government have clearly expended and Women in Armed Conflict 1820 (2008) deals with the prevention and response to sexual prioritised this area of work. violence in situations of armed conflict, post-conflict and its implications for the maintenance of peace and security. Sexual and gender based violence (SGBV) was used systematically as a weapon of war during the fourteen year conflict and even after the conflict, SGBV continues to be a serious problem facing women and children.

In addition, the following mechanisms have been adopted by the government:

(i) Establishing the National GBV Task Force (2006) which is the coordinating body for the implementation on the National Plan of Action on GBV and is chaired by the Ministry of Gender and Development, with local NGOS and development partners as members;

21 (ii) The National Plan of Action (NPoA) (2006) which is a policy document that employs various strategies and aims to minimise the high rate of GBV in Liberia; (iii) A four year UN/Government Joint Programme on SBGV, which was initiated in 2008 and that addresses critical issues reflected in the National GBV Plan of Action through the comparative advantages of UN agencies, UNIMIL sections and other development organisations. In addition, these policy decisions on SGBV have come with a diverse set of programmes, for example;  government run national campaigns on violence against women (2005);

 an anti-rape campaign (2007), establishment of Criminal Court “E” (2009);

 review and simplification of four laws8 that protect and promote women’s human rights;

 strengthening the Ministry of Justice to handle SGBV cases,;

 training programmes and materials on SGBV;

 and research on rape (2008).

Article 21: Right to Liberia amended the inheritance act, “An Act to Govern the Government needs to develop advocacy and Inheritance Devolution of Estates and Establish Rights of Inheritance for IEC materials for the various communities in Spouses of Both Statutory and Customary Marriages”. The all the languages on the importance of the act amendments established equal inheritance rights for widowed in safe guarding women’s inheritance. women of customary as well as statutory marriages. This Justice of the Peace, magistrates, lawyers and legislative reform marked a significant step in the protection of others need to be provided with the necessary

8 The Penal Code on Rape; Equal Rights of the Marriage Customary Law (1998); Domestic Relations Law; and Truth and Reconciliation Commission Act.

22 rights for married women regardless of which system they training on the Act. contracted their marriage.

23 Continuing Challenges for Domestication and Implementation of the AU Women’s Rights Protocol in Liberia

 The lack of awareness about the AU Women’s Rights Protocol from strategic decision and policy makers, institutional “gatekeepers” is a serious challenge. Whilst, a great deal of those interviewed had heard about the Protocol, they did not feel it was important in the scheme of priorities bearing in mind the past history of the country.

 Misunderstanding of reporting obligations and lack of co-ordination between the line Ministry with statutory responsibility and its partners (CSOs, Ministry of Internal Affairs and other partners).

 Scare human resources9 and limited funding have conspired to ensure that relevant laws passed are not implemented.

 Members of the Senate Committee on Foreign Affairs with direct oversight for ensuring that the relevant ministry has fulfilled its obligations have no understanding on what they are supposed to be doing. Lack of transportation, skills base and education for committee members mean that the Senate Committee is not optimal;

 Legislators need to understand what is expected of them;

 A post conflict society with several challenges including entrenched cultural and religious norms are a constant reminder of the difficulties women face, despite having several policies in place supporting women’s empowerment.

Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol in Liberia  The Ministry of Justice has a Judicial Reform Unit and this is a strategic entry point for implementation and monitoring of the AU Women’s Rights Protocol.

 The current Poverty Reduction Strategy (PRS) is an excellent entry point for incorporation of benchmarks for implementation and monitoring of the AU Women’s Rights Protocol since gender has been main-streamed into the document and further occupies a chapter on it’s own.

 Finalising and developing a National Gender Policy which will harmonise all these different policies, laws and treaties on gender into one document which will provide a strategic framework to work with;

 The Gender Officers in each county as well as the Gender desk officers in the relevant ministries are an entry point for creating awareness on the AU Women’s Rights Protocol as well as on monitoring its implementation;

9 Liberia has 350 Magistrates, fifteen are women and only ten are fully qualified with a first degree in law.

24  Bureau of the Budget – annual review of allocated expenditure. Civil society groups need to pay special attention to allocation of resources to MoGD and advocate for clearer action on gender budgeting.

 The Female Legislative Caucus in parliament is an entry point as members are very keen to be seen engaging in constructive proposals.

 Gender auditing on what are the necessary indicators needed to establish what would enable states to successfully sell the idea of the AU Women’s Rights Protocol to their constituents and state ministries.

 Different provisions of the Protocol need different strategies and sustained articulation.

 The newly established James A.A. Perre Judicial Institute is an entry point to providing lawyers, court judges, the Justices of the Peace and magistrates with the necessary training on the AU Women’s Rights Protocol and expectations of them after they have left the institute.

State Capacity Building Needs and Initiatives

 Train Judicial Officers, particularly the Supreme Court judges, Justices of the Peace and magistrates on the AU Women’s Rights Protocol.

 Assist the MoGD and its partners to develop a strategy for domestication and implementation of the AU Women’s Rights Protocol.

 Provide the Senate Committee on Foreign Affairs with requisite skills for monitoring the line ministry responsible for ensuring the state fulfils its obligations.

 Train the gender focal points in all fifteen counties on what the AU Women’s Rights Protocol is and how to monitor if the state has fulfilled its obligations.

 Capacity building and sustainable training needs to be organised for members of the Bureau of the Budget on gender budgeting; followed by, the MoGD developing skills to engage with the Bureau of the Budget and other strategic ministries such as MoJ on supporting gender equity in line with the government’s declaration.

 The MoGD specifically asked for advocacy and communications skills; first to deal with other line ministries; second to deal with the various counties (members of the public, traditional leaders, paramount chiefs and various constituents) and finally to deal with the legislators in selling an idea to them.

Capacity Needs and Initiatives for CSOs

 Develop and sustain a long-term advocacy strategy on how best to monitor the implementation of the AU Women’s Rights Protocol by the Liberian Government.

 Training of trainers for Oxfam and SOAWR partners on the AU Women’s Rights Protocol in order to develop a cadre of change agents and advocates on the Protocol.

25  Organisational development training for Oxfam and SOAWR partners on this project.

 The SOAWR partners on this project need to identify and build alliances with other “gatekeepers” and strategic partners able to assist in monitoring the government’s implementation of sensitive issues such as those of “FGM” and “Reproductive health”.

26 Capacity Issues in Nigeria

Introduction:

There are thirty-six states (36) in Nigeria and a Federal Capital Territory (FCT). Each state is further divided into Local Government Areas (LGAs), of which there are 774 in the country. There is a three-tier system of government namely federal, state and local government. Nigeria practices a Presidential system of government with clear separation of powers among the three arms of government, i.e. executive, judiciary and a bi-cameral legislature. Each State has an independent executive arm headed by the governor, a state judiciary and a state house of assembly. A Chairperson and a team of councillors administer each local government.

Nigeria ratified the AU Women’s Rights Protocol on December 12th 2004 but has not domesticated it and there has been no attempt by any member of the national assembly to table it as a private members bill. Nigeria has however, submitted a country report on the implementation of the AU Solemn Declaration on Gender Equality in Africa (2004)10. In 2008, there was an attempt to domesticate CEDAW in whole but this was unsuccessful and there has been a large research conducted by all the donor agencies including Oxfam GB, United National Development Fund for Women (UNIFEM), Canadian International Development Agency (CIDA), Open Society Institute for West Africa (OSIWA) to learn lessons as to why this failed and what can be done for next time.

Nigeria is a country with multiple sources of law and these are: The Constitution, international law, statutory law, common law and doctrines of equity and repugnance, judicial decisions, customary laws and Muslim religious laws (commonly refered to as Islamic law or Shari’a and is constitutionally recognized as enforceable law in Nigeria). The simultaneous existence of multiple law systems/regimes frequently leads to difficulty in establishing ‘what is the law’ on a particular issue. In principle the Constitution is superior to all other laws and legal systems, so that the validity of a law is determined by the extent to which the Constitution permits. Thus even when international treaties are domesticated, they remain subject to the Constitution, although they may possess “‘a greater vigour and strength’ than any other domestic statute.”11 . The very nature of a “Federal” state has created several opportunities at State level to enact positive and gender friendly laws, resulting in extreme diversity within the same geo-political zones. For example, most recently Imo State, State House of Assembly threw out the Reproductive Rights Bill. It is important to note that Anambra State, which shares a common boundary with Imo State, shares the same religious (predominatly Catholic and Anglican) and ethnic make up as well as other similiar cultural norms and practices passed such a Bill in 2005. Both these states are in South East Nigeria geo-political zone.

At the time of this study, Nigeria had instituted some measures towards promotion and protection of women’s rights including

10 “Initial country report on the implementation of the AU Solemn Declaration on Gender Equality in Africa 2004 – 2006” produced by the Federal Ministry of Women Affairs, Abuja June 2006. 11 Clarified by the Supreme Court in considering the status of the African Charter on Human and People’s Right, domesticated as Cap. 10 of the Laws of the Federation of Nigeria, in General Sani Abacha & Others v Chief Gani Fawehinmi (2000) 6 NWLR (Pt. 660) 228).

27 Law Reform:

 The 1999 Nigerian Constitution Chapter IV, Sections 42 (1), (a), (b), (2) and (3) provides for non-discrimination on the basis of gender, religion, ethnicity, age or any circumstances of birth against any citizen including women.

 Section 17 of the Constitution directs that Nigerian States ensure that all citizens without distinction have the opportunity for work and S. 16(d) directs the State to ensure that suitable social security is provided.

 The government of Nigeria adopted The Child Rights Act 2003, following which twenty three12 states enacted Child Rights Acts in their states, with clear cross cutting policies.

 The government of Nigeria adopted the ECOWAS declaration against trafficking and the ECOWAS initial plan of action against trafficking to promote collaboration in the West African sub-region.

 Of the thirty six states in Nigeria, four states have enacted domestic violence laws, these are Cross River, Ebonyi, Jigawa and Lagos state; Some state house of assemblies have enacted different legislations to prohibit violations of women’s rights and punish perpetrators. For example, Imo and Anambra have enacted state laws addressing gender and equal opportunities law13, 2007; Kebbi and Niger states have a prohibition of early marriage law; Anambra state has a women’s reproductive rights law, 2005. There are several other laws recently enacted in place in other states attempting to address various issues around the protection of women’s rights.

 Edo state has a criminal code (amendment) law 2000, cap. 48 on the prohibition of trafficking and sexual exploitation of women and girls.

 These states have made attempts at protecting rights covered under the AU critical areas such as female circumcision Rivers state (2001); Edo state (1999); Ogun state (2000); Cross River state (2000); Enugu state has passed a HIV/AIDS anti-discrimination, stigma and protection law (2007); Subject to state peculiarities such as those around trafficking in persons, several states have laws on the treatment of widows, harmful traditional practices and domestic violence.

Policies and Programmes to Enhance Women’s Rights:

 The government of Nigeria through the Federal Ministry of Women’s Affairs and its parastatal the National Centre for Women Development (NCWD) have collaborated with other necessary line ministries such as Justice, Internal Affairs, Education, Agriculture, Foreign Affairs, National Planning Commission and Health, to ensure the implementation of the principle of gender equality, integration of gender dimensions into

12 The states are Abia, Akwa Ibom, Anambra, Buachi, Bayelsa, Benue, Borno, Delta, Ebonyi, Ekiti, Gombe, Imo, Jigawa, Kwara, Lagos, Nassarawa, Ogun, Ondo, Plateau, Rivers and Taraba. 13 It prescribes that a mandatory minimum 30% of all office positions and appointments be reserved for women in the political and public sphere. It further guarantees that a minimum of 50% be reserved for women in the case of school enrolments, award of scholarships and bursaries.

28 all phases of sectoral planning and the incorporation of gender perspectives into policies, programmes, projects and budgets of these ministries.

 The government of Nigeria has its own home grown Poverty Reduction Strategy (PRS) document, called the National Economic Empowerment Development Strategy (NEEDS). NEEDS has been implemented through wide scale macroeconomic restructuring, strengthening of the private sector, public sector reform and a social charter anchored on inclusiveness and full participation of all. NEEDS was developed following wide consultation. There is the State Economic Empowerment Development Strategy (SEEDS) and Local Economic Empowerment Development Strategy (LEEDS). However, the NEEDS/SEEDS and LEEDS documents have not provided a clear gender framework for action. UNIFEM working with local partners have attempted to provide long -term processes in ensuring that gender is mainstreamed in the implementation of the NEEDS/ SEEDS and LEEDS strategy.

 There are gender desk officers in over twenty line ministries and agencies that serve as focal points on gender issues within their sectors.

 The government of Nigeria through the Federal Ministry of Woman’s Affairs began the implementation of the National Gender Policy and strategic framework of action. Within this, there are several strategic roles for partners at every sector and level in the society. There is a role for everyone to play.

 The Federal Ministry of Health in its health sector initiatives around gender-based violence, have formulated a draft policy guideline for the management and control of GBV targeting health workers, law enforcement officers and the judiciary.

 A multi-sectoral technical working group on Harmful Traditional Practices has been established. A number of sector wide and national surveys on harmful traditional practices have been conducted followed by the formulation of a national policy and plan of action which has been approved by the federal government for the elimination of FGM14 in Nigeria.

 There is a national strategic framework and plan of action for vesico vagina fistula (VVF) eradication in Nigeria (2005-2010).

 There is a national reproductive health and strategic framework and plan of action (2002 – 2006).

 The Federal Ministry of Health has, since 2004 celebrated annually the “Female Genital Mutilation Day” on February 6th. Some of the activities include training on FGM prevention and management for those studying nursing, midwifery, public health nurses community health officers as well as awareness raising through radio jingles among others.

 The Federal Ministry of Woman’s Affairs in the last few years has joined other international agencies in celebrating through various programmes the annual 16 days of global activism on violence against women, which falls on November 25th – December

14 Elimination of Female Genital Mutilation in Nigeria, Federal Ministry of Health and World Health Organisation, December 2007.

29 10th. These programmes have taken the shape of trainings for police officers, radio jingles, community sensitization etc.

 There exists the national adolescent reproductive health policy.

 The Ministry of Justice working with other strategic partners have compiled a comprehensive draft bill to eliminate violence against men and women (Elimination of Violence in Society Bill 2006). This bill has not been passed and NGOs have started the discussion again with the national assembly.

 Nigeria has a National Policy on HIV/AIDS (2003), which has involved all sectors of the economy relevant to the control of the epidemic and involved in the planning, implementation and evaluation of the country’s response to the epidemic. The result has been that all sectors of the economy affected by the epidemic have joined hands in developing strategies to combat the impact and spread of HIV/Aids. In Nigeria, government agencies responsible for HIV/Aids are the National Agency for the Control of Aids (NACA) at federal level, at state level it is the State Agency for the Control of Aids (SACA) and at the local government level it is the Local Agency for the Control of Aids (LACA).

 There is a National HIV/Aids Workplace Policy with key principles premised on the ILO Code of Practice for HIV/Aids and World of Work. This policy compliments the Constitution, the National Policy on HIV/Aids, the National Health Policy (1989), all labour laws and other policies and laws pertaining to the rights and dignity of workers

 Other policies in place are the National Policy on Nutrition (2001); National Policy and Plan of action on elimination of FGM in Nigeria (2002); NAPTIP Law (2003)15; Universal Basic Education Act (2003); National Policy on Reproductive Health (2002).

Institutional Mechanisms for the Promotion and Protection of Women’s Rights

 The Federal Ministry of Women’s Affairs started in 1989 as the National Commission for Women, established by the National Commission for Women Act 1989. This Act was later repealed by the National Commission for Women Decree 1992. The National Commission for Women was upgraded to a fully-fledged ministry known as the Federal Ministry for Women’s Affairs and Social Development (FMWASD) in 1997. In 1996 gender units were established in federal and state ministries with a view to promoting gender equality in all aspects of social life. In 1997, State Ministries of Women’s Affairs and Social Development were established. FMWASD is responsible for the coordination of the welfare of women, children and the family as a whole. The ministry has changed names several times and is presently called the Federal Ministry for Women’s Affairs.  There are gender desk officers in over twenty line ministries and agencies that serve as focal points on gender issues within their sector.

 The National Centre for Women Development is a parastatal of the Federal Ministry of Women’s Affairs. It was established in 1992. NCWD as it is popularly called has four

15 NAPTIP have produced a National Policy on Counselling and Rehabilitation with an implementation strategy, to inform more efficient counselling and rehabilitation services for victims of trafficking.

30 departments, planning, research and statistics; training and development; public relations; administration and personnel; and estate. The NCWD is known for its short courses on gender mainstreaming targeted at State ministry officials and popular Diploma courses on Gender. Its research section has conducted and provided extensive baseline research for various government departments.

 Within the Independent National Electoral Commission (INEC) there is a gender unit and they have a gender policy in place.

 Separate from the gender desk officers, the Federal Ministry of Women’s Affairs has established the women political empowerment officers in the six geo-political zones. These offices have been managed by their partnerships with NGOs and other partners. As Nigeria prepares for the elections of 2011, it is assumed that again women will utilize these offices to run their campaigns and have access to funding as well.

31 Snapshot of the Implementation of Key Protocol Provisions in Nigeria

Protocol Articles Domestication and implementation status Outstanding Issues. Article 2: Elimination of The 1999 Nigerian Constitution Chapter IV, Sections 42 (1), (a), Despite the non-discrimination clause in the Discrimination Against (b), (2) and (3) provides for non-discrimination on the basis of Constitution there are still laws and Women gender, religion, ethnicity, age or any circumstances of birth institutional policies in place, which against any citizen including women. discriminate against women on the basis of sex. Section 17 of the Constitution directs that Nigerian States ensure that all citizens without distinction have the opportunity for work Government needs to mainstream non- and S. 16(d) directs the State to ensure that suitable social discrimination into the NGP and strategic security is provided. framework of action and then monitor the programmes and activities in place to ensure In 2006, the government adopted the National Gender Policy that they are implemented effectively. and Strategic Framework of Action. The Policy’s goal is to build a just society devoid of discrimination, harness the full potentials Government needs to place emphasis on of all social groups regardless of sex or circumstance, promote advocacy and awareness creation in order to the enjoyment of fundamental human rights, the socio- economic address entrenched attitudes and endemic and political well being of all citizens to achieve equitable rapid cultural practices. economic growth. The government has liaised with all 36 states of the federation and all 774 local governments by organising a Government needs to raise the awareness of series of crash courses on gender mainstreaming and policy the sub-regional human rights instruments such implementation. Consultations have been held with CSOs and as the ECOWAS Gender Policy at a national other strategic partners on what role they can and should play in level by building partnerships with partners in ensuring the success of the NGP. There have been a series of sister countries. activities for the various line ministries to effectively be able to work in promoting the NGP.

The government of Nigeria also signed on to the ECOWAS Gender Policy. The ECOWAS gender policy aims to: mobilize women and empower them to be active participants in the regional integration process; mainstream Gender in ECOWAS

32 institutions and member States; and, develop networks and partnership with relevant agencies for technical and financial support for ECOWAS Gender mainstreaming programme. There have been training programmes for the Ministries of Gender in the various countries. Article 4: The Right to Life, The government has legislated on trafficking through the Government needs to establish domestic Integrity and Security of the Trafficking in Persons (Prohibition) Law Enforcement and violence support systems (shelters, access to Person Administration Act, 2003 and Trafficking in Persons legal aid, etc) for the many victims of domestic (Prohibition) Law Enforcement and Administration violence. (Amendment) Act, 2005. It’s implementing agency, the National Agency for the Prohibition in Trafficking In Persons (NAPTIP) Government needs to ensure that perpetrators has produced a National Policy on Counselling and of violence and traffickers are given the Rehabilitation with an Implementation Strategy, to inform more maximum jail sentences the law allows. efficient counselling and rehabilitation services for victims of trafficking. The government have organised a series of Government needs to work closely with the trafficking in persons seminar in the pilot states as well as media to ensure that the general population are sensitization workshop for Bar and Bench personnel in the 22 sensitised on the detriments to being trafficked. project states. Government needs to ensure better co- The government of Nigeria adopted the ECOWAS Declaration ordination between agencies working on Against Trafficking and the ECOWAS Initial Plan of Action trafficking; at the same time, states such as Against Trafficking to promote collaboration in the West African Edo, Ebonyi and Niger should if possible be sub-region. encouraged to share their successful implementation experiences. Sections 223 – 225 of the Criminal Code applicable in Southern Nigeria also prohibits the trafficking in human beings. Government needs to provide adequate training programmes for those officials The Penal Code applicable to Northern Nigeria has provisions working in the “frontline” of domestic against trafficking in humans. violence, trafficking.

Section 34 of the 1999 Constitution specifies that every Nigerian Government needs to work with those States citizen is entitled to respect for his/her dignity and forbids torture and local governments prone to high incidence

33 or inhuman/ degrading treatment, slavery or servitude. of trafficking of their young people on addressing the root causes, and strategies for The Zamfara State Shari’a Penal Code Law (2000), vol. 1, no 4, reducing the incidences. sections 207 to 239 equally seeks to protect women and young girls from all forms of cruelty, sexual, labour and economic exploitation as well as trafficking.

Edo state has a criminal code (amendment) law 2000, cap. 48 on the Prohibition of Trafficking and Sexual Exploitation of Women and Girls.

Four states (Ebonyi, Jigawa, Cross River and Lagos) in the federation have enacted domestic violence laws. In fact, Lagos state has established a domestic violence network with key stakeholders from the ministry of health, NGOs, women’s affairs, etc. Lagos state has established human rights units with clear gender crime desk & officers in each area “F” police station in Ikeja. Lagos has also trained their District Police Officers on the new domestic violence act. Lagos state has plans to open the first domestic violence shelter by a state.

Nigeria has in the last few years joined in celebrating, through various programmes, the annual 16 days of global activism on violence against women, which falls on November 25th – December 10th. These programmes have taken the shape of trainings for police officers, radio jingles, community sensitization etc.

Nigeria’s health sector initiatives around gender based violence, and have formulated a draft policy guideline for the management and control of GBV targeting health workers, law enforcement officers and the judiciary.

Article 5: Elimination of There is no specific mention of harmful traditional practices in Government needs to provide services to

34 Harmful Practices the Constitution, however, at State level various House support victims of harmful practices. Assemblies have passed the following laws: Government needs to provide alternative Ebonyi State Law (2000) on the Abolition of Harmful sources of income for those tradionalists Traditional Practices Against Women and Children. engaged in earning a living from performing FGM. Edo State Female Genital Mutilation (FGM) Prohibition Law (2000). Government needs to spend resources in training traditional birth attendants, nurses, Cross River State Girl Child Marriage and Female midwifes, and other “first point of contact” Circumcision (Prohibition) Law (2000). personnel on the effects of FGM on our children. River State Dehumanising and Harmful Traditional Practices Law (2003). Government needs to utilise effectively the media (especially radio jingles) in languages The government has established a multi-sectoral technical they understand. working group on Harmful Traditional Practices. A number of sector wide and national surveys on harmful traditional practices have been conducted followed by the formulation of a national policy and plan of action which has been approved by the federal government for the elimination of FGM16 in Nigeria.

The government through the Federal Ministry of Health has since 2004 commenced the commemoration on Feburary 6th as annual “FGM day”. Activities organised to mark this day include training programmes for health officials, nurses, midwifery, and public health officials.

Article 6: Right to Marriage The Marriage Act came into existence in 1914. As a society that Government needs to encourage those states is extremely conservative on the issue of marriage there are three that have not bought in the Child Rights Act to ways of getting married; under Islamic law, customary law and attempt to do so as this is one way of

16 Elimination of Female Genital Mutilation in Nigeria, Federal Ministry of Health and World Health Organisation, December 2007.

35 statutory law. There are currently no plans on reforming the promoting the girl child from early marriage. process of getting married, although women’s organisations have been calling for better protection of women.

A number of Northern states, Bauchi, Borno, Gombe, Kebbi, Kano and Niger have enacted laws to prohibit the withdrawal of the girl child from school for early marriage.

Cross River state enacted a law to Prohibit Girl Child Marriage and Female Circumcision Bill no 2, (2000).

Edo State, a law to Prohibit Inhuman Treatment of Widows (2004). Working with a local NGO have organised a series of training programmes on harmful widowhood practices.

Anambra Sate Malpractices Against Widows and Widowers (Prohibition) Law, (2005). Anambra have organised in collaboration with local NGOs a series of training programmes for lawyers, legislators and others.

According to the Child Rights Act (2003), the minimum legal age for marriage is 18 years. However, this only applies to marriages within the country’s civil legal system – as opposed to its customary and Islamic (Shari’a) systems – and is implemented differently by individual states. 21 out of the 36 states have passed onto law the Child Rights Act in their states. The reality is that the Child Rights Act protects the girl child against forced marriages. Article 9: Right to The cumulative effect of the provision of Sections 33 – 46 and Government needs to make better provision for Participation in Political and sections 13 -21 of the 1999 Constitution is that generally, like women’s participation in elected and appointed Decision making Process other citizens, women’s political , economic, social, cultural and political process. Whilst there are some women environmental rights are guaranteed in Nigeria. viewed as “women leader” in the various Training has been carried out for legislators on their role but this political parties, it is a process dominated by has been carried out by civil society. men, staged at night and married women are

36 not expected to take part in meetings organised at night in another man’s home.

The culture of politics is one of violence and thuggery. Government needs to address the issues of political violence with clear guidelines and penalties in place for defaulters. Government needs to take continuous stock taking of all positions of leadership and decision making to ensure that women are adequately represented. Article 14: Health and Rivers State has a Reproductive Services Law, no 3 (2003). Government needs to ensure access to Reproductive Rights Anambra State, Women’s Reproductive Rights Law, (2005). adequate information on reproductive health for all categories of women,, including but not Section 54 of the Labour Act Cap. 198 of the Federation of limited to improved antenatal, post natal Nigeria, 1990 provides protection for pregnant women workers services, and their right to maternity leave. Section 58(1) of the same Act, considers the breach of any provision on maternity leave, in Government needs to work with state addition to any civil liability, a criminal offence. However, counterparts in ensuring that there is a sections 54 and 55 of the same Labour Act prohibits consistent improvement in the strategies laid employment of women at night and in underground work, out to combat maternal and infant mortality thereby arming an employer with legitimate reasons for rates. discriminating against women individually or as an interest group. It is noteworthy that these prohibitions do not apply to Government needs to make provision for better women falling within the middle and high level cadres of services in combating the spread of HIV/AIDS employment. on mother to child transmission by ensuring the drugs are available at the hospital and Similarly, the Factories Act Cap. 126, Laws of the Federation of clinics. So whilst there are free anti-retroviral Nigeria 1990, which makes detailed provisions for the health, drugs are available (working under the safety and welfare of workers, does not take into account the auspices of NACA, SACA and LACA), there sensitivity and susceptibility of females in the performance of are still gaps in the provision of drugs for their reproductive functions, their health rights or the need to mothers to take immediately after birth of protect the unborn baby. The law also falls to acknowledge the baby. effect of toxic substances or radioactive materials on women.

37 Little or no research has been undertaken to determine the Government needs to provide better access to degree and implication of the hazards and ways of eliminating medical care for women in prisons and other them. detention centres.

In demonstrating further its commitment to reproductive health there is a National Reproductive Health and Strategic Framework and Plan of Action (2002 – 2006). In its implementation with partners, it includes training, sensitization and advocacy awareness.

The government has a National Adolescent Reproductive Health Policy. Not much has been heard of this policy or what the Ministry of Health is doing to implement it.

Nigeria has a National strategic framework and plan of action for vesico vagina fistula (VVF) eradication in Nigeria (2005-2010). There have been extensive training programmes for health workers and other sectors especially in the Northern parts of the country. Lots of advocacy awareness activities on VVF for communities.

Article 21: Right to There is an omnibus provision in the Constitution, which Inheritance provides that no one shall be discriminated against by reason of his sex or circumstances of his birth. However there is no specific legal framework that protects women’s rights to inheritance, except international instruments ratified by Nigeria but yet to be domesticated.

There are reported cases though in which the superior courts have held that any custom that denies women inheritance is null and void for being against equity and natural justice17.

17 Muojekwo and Others v Ejikeme and Others (2000) 5 NWLR 402

38 Continuing Challenges for Domestication and Implementation of the AU Women’s Rights Protocol in Nigeria

 Conservative and traditional cultural beliefs and expectations of a women’s place. For example, it is still believed and expected that once a woman gets married and has children, she should not “compete” with her husband for employment in the public space. This is despite the fact that women in rural and urban poor communities are solely responsible for taking care of the family and providing for their welfare. Other examples include the ability of young women to make informed choices on negotiating safe sex because it is culturally assumed that “good girls” do not talk about sex, make demands about sex or display knowledge about safe sex methods such as using condoms with their partners especially if you want to be considered marriage material. .

 Lack of human and material resources including but not limited to technical expertise

 There exists, negative gender practices18 in several institutions in Nigeria at all levels (federal, state and local government) and within private institutions, the gender discrimination19 is even worse than the government sector ;

 A serious lack of awareness of the AU Women’s Rights Protocol amongst decision makers and legislators has ensured that any discussion has to be prefaced with extensive awareness creation first.

 Considerable ignorance about the AU Women’s Rights Protocol from within the media, faith based groups, religious right, legislators, and other key strategic partners.

 Specific religious doctrine that dictates and expects higher moral demands on women.

 Lack of awareness of the benefits of domestication by the media.

Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol  On going and proposed amendment Bill to the Federal Character Commission which is presently before the national assembly for inclusion of gender equality clause in all federal appointments and nominations.

 The current constitutional reform and electoral review process is a strategic entry point for issues around gender to be tabled and publicly discussed;

18 For example, the Nigerian Immigration Service has an institutional policy of insisting that married women seeking an international passport have to provide a letter of consent from their husbands. This policy was declared null and void by Justice G.K. Olotu has “having no basis for 21st century Nigeria”. The case was brought to the Federal High Court Port Harcourt by Professor Priye Iyalla-Amadi who challenged the discriminatory practice when she was asked to provide a letter from her husband in order to get an international passport. There are several other such policies in the Police and other public institutions. 19 In the private sector, many first generation banks for example, insist that their female colleagues are not entitled to more than two maternity leave requests. This is one of many discriminatory practices women in the banking sector face and in private sector employment

39  The gender desk officers in the various line ministries and parastatals are a ready tool to be utilized.

 The government’s National Economic Empowerment Development Strategy (NEEDS)/ State Economic Empowerment Development Strategy (SEEDS) and Local Economic Empowerment Development Strategy (LEEDS) are Nigeria’s own home grown poverty reduction strategy and provide an ideal opportunity to identify entry points for inclusion of benchmarks set out ion the AU Women’s Rights Protocol.

 As Nigeria prepares for elections in 2011 there is the opportunity to work with the political parties in getting a commitment to support the domestication and implementation of the AU Women’s Rights Protocol. In this regard, relationships need to be cultivated with the Independent National Electoral Commission (INEC), which is legally responsible for supervising the political parties. INEC needs to be brought on board through sensitization on the AU Women’s Rights Protocol.

 The annual budget process has not sufficiently addressed gender budgeting issues, there is a gender budgeting coalition, and the entry point is providing concrete information on allocation of resources in the campaign for domestication and implementation.

State Capacity Building Needs and Initiatives

In order to domesticate the AU Women’s Rights Protocol and not experience the failure of the CEDAW attempt, there should be a multi-pronged approach in capacity building ensuring that as many sectors as possible understand the language of rights and what Nigeria is already doing in this area.

 Capacity building strategies are needed for the following specific sectors: a. Legislators in both houses of parliament; b. Legislators at a State and Local government level; c. Strategic “gatekeepers” such as traditional leaders, Imams; d. Professional institutions, teachers, legal professions, Pastors, Churches, Islamic bodies, e. The media (print, radio and others).

The training for the above actors needs to be multi-dimensional in approach including understanding what the Protocol is about, experiential sharing on the role of legislators in passing ‘difficult’ bills, taking lessons and best practices from other African countries, exploring ways to use the media to pass key messages about the Protocol and engaging researchers to provide much needed arguments for the ‘gatekeepers’.

 Develop and Advocacy and communications strategy that targets at specific sectors (faith based groups, etc) promoting the drive for domestication and implementation.

 The Federal Ministry of Women’s Affairs needs to “live and breathe” the AU Women’s Rights Protocol. The Ministry needs to be able to sell the AU Women’s Rights Protocol to other line ministries – such as the MoJ. This is not happening now because staff are not sufficiently equipped to talk about the Protocol – for example the gender desk officers, have no idea what the AU Women’s Rights Protocol is about.

40  Political actors must be equipped to give un-conditional support despite the possibility for potentially unfavourable media.

 There must be sustained awareness raising through the media. Beginning with training for the media on the Protocol, they should then also become part of a consistent communications avenue to raise awareness.

 Technical support is needed for the MoF to enable it address women’s rights concerns through gender budgeting. Part of addressing women’s rights concerns is to have greater resource allocations to the Federal Ministry of Women Affairs. The Coalition on Gender budgeting would be a key player and partner in providing this technical support.

 Capacity building assistance is needed to strengthen monitoring capacities. The gender desk officers, should be able to collect, process, analyse and disseminate data on implementation of the Protocol.

 Training in gender budgeting including budget tracking to ensure adequate funding for initiating the campaign on domestication of the AU Women’s Rights Protocol. The federal ministry of women’s affairs would have to use its offices to produce and disseminate to state-wide commissions of women and for on-ward distribution at local government level as much information as possible on the AU Women’s Rights Protocol.

Capacity Needs and Initiatives for CSOs

 There should be support for the SOAWR members in Nigeria to engage and build alliances with other strategic partners. There should be coalitions of mutual and beneficial interests, such as those on reproductive health working with those in the traditional sectors such as the churches, and the legislative members of the national assembly on the health committees.

 In order to champion domestication and implementation of the Protocol, CSOs need to know exactly what the AU Women’s Rights Protocol is about. They must know their “onions” was the quote from the ministry of women’s affairs.

 IEC materials must be developed on the AU Women’s Rights Protocol in the major languages, Igbo, Hausa and Yoruba – dissemination to the population. With radio jingles taking the lead since majority of the population rely on the radio as a source of reliable information. Should this happen, then radio journalists, must be educated on what the AU Women’s Rights Protocol is about, we must all be saying the same message.

 Nigeria is too big for a single SOAWR member to be the lead agency, if it is not too late, then other SOAWR members must be asked to take on other geo-political zones20.

 As general elections in 2011 approach, SOAWR members and the women’s movement need to work with INEC and the political parties to ensure that they get commitments

20 Nigeria is divided along geo-political lines: south east, south west, north west, north east, south-south and the federal capital territory

41 from the political parties as part of their campaign promises that they would domesticate the AU Women’s Rights Protocol.

 Support should be provided for mainstream human rights organizations to join the campaign. The campaign should not be left to the women’s movement alone. Partnerships or better still strategic alliances should be sort with a diverse group of change agents.

42 Capacity Issues in Tanzania

Introduction

Tanganyika gained independence from a UK-administered UN trusteeship on 9 December 1961; Zanzibar gained independence from the UK on 19 December 1963; Tanganyika united with Zanzibar on 26 April 1964 to form the United Republic of Tanganyika and Zanzibar, renamed the United Republic of Tanzania on 29 October 1964. The United Republic of Tanzania has a total area of 945,087 square kilometres. According to the 2002 Population and Housing Census, Tanzania has a population of 34.5 million, of which 77 per cent live in rural areas while the remaining 23 per cent are in urban areas. Women constitute 51.1 per cent of the population (17.6 million), while men constitute 48.9 per cent (16.9 million). Similarly, children under 18 years constitute 50.6 per cent of the population, making Tanzania a country with a young population.21

Tanzania adopted a multi party form of democracy in 1992 and currently has 18 registered political parties.22 There are two different law-making bodies namely, the Parliament of the United Republic of Tanzania, which legislates for Mainland and Union matters and the House of Representatives that legislates for Zanzibar matters. The Constitution of the United Republic of Tanzania 1977 includes a bill of rights, which provides for the protection of women's as well as men's rights. The Tanzanian economy depends primarily on agriculture, which accounts for 43.3% of GDP, 85% of the nation's exports and employs 80% of the labour force.23 Economic growth is 5.8% per annum. Despite this growth however, the prevalence of income poverty is very high in Tanzania. Poverty is predominantly a rural phenomenon where about 77 per cent of the poor live. It is highest among households, which depend on agriculture. As the population is growing, the absolute number of the poor also raises. There is also a big disparity between urban and rural poverty for both food and basic needs.24

The United Republic of Tanzania ratified the AU Women’s Rights Protocol on March 3rd 2007. As at that period, Tanzania was also signatory to other international women’s rights instruments such as CEDAW, the SADC Declaration on Gender and Development (1997) and its Addendum on the Prevention and Eradication of Violence against Women and Children, (1998) and had made some strides towards the realization of women’s rights through the domestication and implementation of those instruments. At the time of this study, Tanzania had instituted some measures towards promotion and protection of women’s rights including25:

21 See generally The Fourth and Fifth Combined Periodic Reports for The United Republic of Tanzania on the Implementation of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1998 – 2005. See also the NGO Shadow Report 22National Bureau of Statistics and Ministry of Planning, Economy and Empowerment, “Tanzania in Figures 2006,” June 2007, 5. 23Central Intelligence Agency, “The World Factbook – Tanzania,” 17 July 2007, . 24 See Note 1 above 25 The list of measures is by no means exhaustive but is provided merely to attest to the progress Tanzania has made in its efforts to domesticate and implement other international women’s rights instruments. For a more comprehensive list of measures taken to promote women’s rights, see The Fourth and Fifth Combined Periodic Reports for The United Republic of Tanzania on the Implementation of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1998 – 2005. Take note also that the list does not make mention of the work done by women’s and human rights organizations to advance women’s rights in Tanzania.

43 Law Reform

th  In the 13 amendment (2000) of the Constitution of the United Republic of Tanzania (1977) the Government took into account the definition of discrimination as given in Article I of the Convention. Article 13 (4) stipulates that ‘‘no person shall be discriminated by any person or any authority acting under any law or in the discharge of the functions of business of any state office’’. Further, section (5) of the same Article, states that for purposes of this Article discrimination means to “satisfy the needs, of different persons on the basis of their nationality, tribe, gender, place of origin, political opinion, colour, religion or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions of conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications”. Similarly, Article 12 section 5 of the Constitution of Zanzibar as amended in 2002 states the same.

 The Government of Tanzania through Constitutional amendments of 2000 and 2004 increased the proportion of women in Parliament and Local Authorities as follows: - . Special seats for women in Parliament increased from 15 per cent in 1995 to a minimum of 20 per cent in 2000 and 30 per cent in 2004. . In the Local Authorities special seats for women have increased from 25 per cent in 1995 to 33.3 per cent in 2000 . The Constitution of Zanzibar as amended in 2002 increased the percentage of women’s special seats in the House of Representatives from 20 per cent in 2000 to a minimum of 30 per cent in 2002.

 The Land Act No 4 of 1999 and The Village Lands Act No. 5 of 1999 were amended to give women the right to acquire, own and use land equally with men. Additionally, in the year 2004 the Land Act No. 4 of 1999 was amended to create value for land and allow mortgage of land with the consent of spouses. This provides women the right to mortgage land for getting bank loans and credit. Land ownership also provides protection and safeguard of matrimonial property for women and children. Moreover, The Village Lands Act No. 5 of 1999 provides for the representation of men and women in the Land Allocation Committees and Land Administration Boards. Similarly, in Zanzibar, The Land Tenure Act of 1992 provides women and children with the right of protection and safeguard of matrimonial property. In addition, in 2002 the Government of Tanzania enacted The Courts (Land Disputes Settlements) Act, No. 2 of 2002 which states that, composition of the Land Courts must include not less than 43 per cent women members. Awareness raising on land related matters are undertaken by the government and NGOs through the mass media campaigns to education the society on property rights.

 In 1998 the Parliament enacted The Sexual Offences (Special Provisions) Act (SOSPA) which among other things addresses sexual exploitation of women and children, incest, procuration for prostitution, trafficking of persons, cruelty to children and child prostitution. It also addresses forms of sexual abuse like rape, molestation, indecent assault and sodomy, most of which are committed against women and children. A harmful traditional practice like Female Genital Mutilation is prohibited under this law. In order to ensure that victims of such crimes are brought to justice and to ensure that justice is done, the Government of the United Republic of Tanzania has enacted evidentiary and procedural laws that would install confidence in the victims of such

44 crimes to come forward and testify in privacy. Stiff sentences are given to culprits of rape, specifically punishment of rape (Section 131(1) of SOSPA, 1998) is imprisonment for life with or without corporal punishment or imprisonment of not less than 30 years with corporal punishment, and with fine and an additional payment of compensation determined by the court to the person in respect of whom the offence was committed for and the injuries caused.

 The Government domesticated the International Labour Standards through the enactment of The National Employment Services Act (1999). This law provides for equal opportunities to women and men in access to employment services. The Employment and Labour Relations Act (2004) was also passed by the Parliament. It prohibits discrimination in the work place on the basis of gender, sex, marital status, disability, and pregnancy. This law also requires employers to report to the Labour Commissioner on their plans to promote equal opportunities. Affirmative actions are taken to safeguard and protect women employees. Strategies and programmes to enhance women to be employed to ensure gender equality and equity have also been developed.

 The Anti Trafficking in Persons Act, 200826 prohibits the trafficking of persons both domestically and internationally and sets out various penalties for the various offences covered by the law. In addition to enactment of the law, 332 law enforcement officers underwent specialized training on human trafficking and the Government also created an anti-trafficking police unit27.

Policies and Programmes to Enhance Women’s Rights

 From the mid 1990’s the Government enhanced efforts to re-examine development policies, strategies and programmes. Hence, in 2000 the Government put in place the National Development Vision 2025, which states, among other things, that Tanzania should ensure the attainment of gender equality and the empowerment of women in all socio-economic and political relations, and culture by the year 2025. In the same year the government adopted and started implementation of the Poverty Reduction Strategy. In order to effectively implement the strategy sectoral policies, strategies and programmes were also reexamined. The reviewed policies include the Women in Development Policy of 1992 with a view to incorporating gender concerns. Consequently, the Policy on Women and Gender Development Policy was adopted in 2000.

 The above-mentioned initiatives, laid basis for formulation and reviewing of macro and sector policies and programmes with a gender perspective. Beginning the financial year 2005/06, the Government implemented the National Strategy for Growth and Reduction of Poverty. The gender responsive NSGRP builds on the Poverty Reduction Strategy (PRS -2000 - 2003). The NSGRP identifies three major clusters of poverty reduction outcomes namely: Growth and reduction of income poverty; Improvement of quality of life and social well being and Good governance. The NSGRP contains specific measures to address the advancement of women.

26 Act No. 6 of 2008 27 Legal and Human Rights Center, Tanzania Human Rights Report 2008 at page 84. The Report on the same page also explains some of the short falls of the Ant-Trafficking Law.

45  The Government also developed a Sub-programme for Women and Gender Advancement (1997 – 2003) which addresses four core areas and three supporting programmes based on the critical areas of concern of the Beijing Platform for Action. The core areas are enhancement of women’s legal capacity; economic empowerment of women and poverty eradication; Women’s access to political and decision making and education, training and employment. The supporting programmes were on institutional arrangement, capacity building, gender mainstreaming and advocacy. The four core areas based on the 12 critical areas of concern of the BPA, tally with CEDAW major areas of concern. The Sub-programme has been designed to take into account emerging challenges as well such as HIV and AIDS pandemic, child labour and the Millennium Development Goals.

 Tanzania has a Women and Development Policy (2000) and a National Strategy for Gender Development (2005). The objective of the National Strategy for Gender Development (NSGD) is to accelerate the attainment of gender equality in the country by guiding stakeholders on how to operationalize the Gender Development Policy, linking with and speeding up implementation of macro and micro level policies, linking up with and ensuring implementation of international commitments and enhancing coordination, accountability, monitoring, evaluation and research in the area of gender.28

 The Government has put in place several measures to combat violence against women. In this regard, a National Plan of Action to combat violence against women and children was developed in 200129 and disseminated to stakeholders. The Plan of Action provides strategies and activities to be implemented by various stakeholders. It focuses on Legal, Social Economic, Cultural and Political, Services and education, training and awareness building.

 Arising from the NPA to Combat Violence Against Women, a National Plan of Action to combat FGM (2001 to 2015) was developed to provide guidance on elimination of Female Genital Mutilation. In implementing the NPA on FGM various activities have been undertaken including: training of school teachers in order to integrate the knowledge in schools’ curricular; sensitization of communities through campaigns, media programmes, seminars, workshops, drama, books, and leaflets on harmful effects of FGM. Awareness raising on the existing laws against FGM is also provided. In addition a number of NGOs undertake training and sensitization activities on the legal and human rights aspects of FGM and participated fully in developing the NPA on FGM.

 The Government, in collaboration with NGOs has carried out a Gender Budget Initiative. The initiative involves development of gender budgeting tools and capacity building for budget officers in selected ministries. As a result gender budgeting has been institutionalized in the Ministry of Finance and the President’s Office - Planning and Privatization. Guidelines and checklists on gender mainstreaming have been provided to all ministries, regional and local authorities which promote gender responsive budgets. Ministries and other institutions are also empowered to be able to collect, analyse and present gender disaggregated data for policy decisions and other uses.

 The government is also implementing rural development programmes. In order to achieve maximum efficiency, the Government established the Tanzania Social Action Fund in

28 See The United Republic of Tanzania National Strategy for gender Development, 2005 at page 3 29 Full citation is “A National Plan of Action for the Prevention and Eradication of Violence Against Women and Children, 2001 to 2015”

46 2000 to ensure that targeted development initiatives in various areas of the country get support in a timely cost effective manner. Communities participate in developing and implementing projects and activities. In all TASAF activities the ratio of women and men in Community Management committees is 50/50 and women participate fully in the identification and implementation of projects. The projects implemented are on education, health, water and infrastructure which to a large extent have contributed to reducing the heavy workload of women and giving them time to participate effectively in community development activities.

 The Government adopted the National Micro-Finance Policy (2000) that provides guidelines to achieve gender equality and equity in accessing financial services. The Policy directs that special efforts be made to incorporate mechanisms that would make financial services accessible to both women and men. It also gives flexibility in regulating micro-finance institutions, including those established specifically for financing women and those that serve both women and men. The Micro-Finance Policy has led to the revision or formulation of other policies which identify interventions that would promote indigenous entrepreneurs, women, youth and people with disabilities to take part in economic activities.

Institutional Mechanisms For the Promotion and Protection of Women’s Rights

 The Ministry of Community Development, Women’s Affairs and Children, formed in 1990, was renamed the Ministry of Community Development, Gender and Children in 2002 to manifest its broad gender mandate. The Ministry was further strengthened by the establishment of two sections in the Department of Gender Development, namely Gender Mainstreaming and Women’s Development. Similarly, the Zanzibar gender machinery, the Ministry of Youth, Women and Children was strengthened through capacity building of the staff.

 All Ministries, Independent Departments and Agencies, Regional Secretariats and Local Authorities have Gender Focal Desks. The Gender Focal Points are responsible for ensuring gender mainstreaming in policies, strategies and programmes of those institutions and structures. Through the Gender Focal Points, Government is able to monitor progress made in gender mainstreaming throughout the Government institutions and structures.

 In 2001, Tanzania established the Commission for Human Rights and Good Governance. The Commission investigates allegations involving violation of human rights. The Commission also promotes harmonization of national legislations and monitors adherence of the Constitution to human rights standards enshrined in human rights treaties. In its endeavour, the Commission has realised the importance of gender and a special desk dealing with public education and women’s rights was established in 2004.

 The Law Reform Commission of Tanzania is a statutory body whose primary role is to facilitate the development and reform of the laws in Tanzania by reviewing and revising these laws. The Law Reform Commission is mandated to review laws in order to bring them into accord with current circumstances in Tanzania, eliminating anomalies and other defects in the law, and repealing obsolete or unnecessary laws. The Law Reform Commission has conducted several studies and made various recommendations to repeal

47 laws that violate the rights of women such as The Law of Marriage Act (1971) and the Customary Laws Declaration Order (1963)30.

30 Legal and Human Rights Center, Tanzania Human Rights Report 2008 at page 145 and 146

48 Snapshot of the Implementation of Key Protocol Provisions in Tanzania

Protocol Articles Domestication and Implementation Status Outstanding Issues th Article 2: Elimination of In the 13 amendment (2000) of the Constitution of the United Despite the incorporation of the definition of Discrimination Against Republic of Tanzania (1977) the Government took into account the discrimination into the Constitution of Women definition of discrimination as given in Article I of the Convention. Tanzania, there are national laws still in effect Article 13 (4) stipulates that ‘‘no person shall be discriminated by which directly violate the AU Women’s Rights any person or any authority acting under any law or in the discharge Protocol provision on non-discrimination such of the functions of business of any state office’’. Further, section (5) as the laws on marriage and inheritance. To of the same Article, states that for purposes of this Article this end, the Tanzanian Government needs to discrimination means to “satisfy the needs, of different persons on clarify a timetable for completion of the review the basis of their nationality, tribe, gender, place of origin, political of existing discriminatory laws and enactment opinion, colour, religion or station in life such that certain categories of new laws to replace the discriminatory ones. of people are regarded as weak or inferior and are subjected to restrictions of conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside In addition, there is little government action to the specified conditions or the prescribed necessary qualifications”. address indirect discrimination which is a Similarly, Article 12 section 5 of the Constitution of Zanzibar as result of facially gender neutral laws amended in 2002 states the same. interpreted within the customary gender perspectives such as The Customary Law Government has taken measures to integrate a gender perspective in (Declaration Order Cap 358 R.E 2002). their policy decisions, development plans, programmes and activities. These include among others: National Development Government still needs to do more to ensure Vision 2025, and Development Policy (2000) and a National that the non discrimination clause in the Strategy for Gender Development (2005), National Plan of Action to Constitution is enforced for the benefit of ALL Combat Violence Against Women and Children, 2001, National Plan women in Tanzania. of Action to combat FGM (2001 to 2015). Government also needs to do more in the area of public education, information and communication in order to address attitudes

49 and cultural practices that still discriminate against women. Government needs to monitor the various programmes and activities in place to ensure that they are implemented to the benefit of women. Article 4: The Right to In 1998 the Parliament enacted the Sexual Offences Special Despite the current measures, violence against Life, Integrity, and Provisions Act which among other things addresses sexual women remains a pervasive problem in Security of the Person exploitation of women and children, incest, procuration for Tanzania. Very frequently women who report prostitution, trafficking of persons, cruelty to children and child domestic violence are told to resolve the issue prostitution. It also addresses forms of sexual abuse like rape, at home. Access to justice remains a major molestation, indecent assault and sodomy. FGM is also prohibited challenge for many women. The state has also under this law. The Government has also enacted evidentiary and not adequately addressed the issue of sexual procedural laws that would assist victims to access justice for violent harassment at the work place. crimes. The law also stipulates stiff sentences for violence against women. Government needs to take into account violence suffered by particular categories of The curricula in training institutions for police and magistrates were women such as widows, elderly women and reviewed to incorporate topics on how to deal with cases of violence albino women. against women and children. Government also needs to institute victim Tanzania has an Anti Trafficking in Persons Act, 2008 which protection measures such as shelters for prohibits the trafficking of persons both domestically and battered women as well as other measures to internationally and sets out various penalties for the various offences ensure rehabilitation of women victims. covered by the law. In addition to enactment of the law, 332 law enforcement officers underwent specialized training on human Government also needs to make sure that trafficking and the Government also created an anti-trafficking perpetrators of violence are punished police unit

Tanzania has a National Plan of Action to Combat Violence Against Women and Children, 2001, National Plan of Action to combat FGM (2001 to 2015).

50 As further demonstration of its commitment to eliminate violence against women, Tanzania is signatory to the SADC Declaration on Gender and Development, 1997, and the Addendum on the Prevention and Eradication of Violence against Women and Children, 1998, an auxiliary document to CEDAW. These agreements are specific commitments by the government to the prevention and eradication of violence against women and children. Article 5: Elimination of Tanzania has a National Plan of Action to combat FGM (2001 to While the work to combat FGM is Harmful Practices 2015) was developed to provide guidance on elimination of Female commendable, Government also needs to Genital Mutilation. In implementing the NPA on FGM various eliminate other harmful cultural practices, such activities have been undertaken including: training of school teachers as bride price and child marriage through in order to integrate the knowledge in schools’ curricular; legislation and public awareness. sensitization of communities through campaigns, media programmes, seminars, workshops, drama, books, and leaflets on Government also needs to provide services that harmful effects of FGM. The Government also raises awareness of support victims of harmful practices as well as existing laws against FGM. offer protection to women who may be at risk of such practices. As a result of ‘Stop Female Genital Mutilation’ drive, some mutilators have been sensitized to the extent of laying down their tools used to perform FGM and they have joined the campaign of educating the community to stop the harmful practice. Further, some parents and elders, who were hitherto advocates of FGM, come out to denounce the practice in public. First February each year is a national FGM Day, which is used to sensitize the community on the harmful effects of FGM.

The government provides a conducive environment for combating FGM by facilitating the establishment of networks. For example, in 2001 the government facilitated the formation of the Tanzania Chapter, of the Eastern Africa Network, on the Elimination of FGM. This Chapter has a secretariat composed of different stakeholders including NGOs and is coordinated by the Ministry of Community Development Gender and Children.

51 Article 6: Right to The Government has received proposals from the Law Reform The Government needs to make public the Marriage Commission for amendments on the present Marriage Act of 1971 process and procedures for the additional and the Law on the Custody of Children. The government intends to consultations on the Marriage Act and the seek more opinion on these amendments before taking action. Custody of Children. The Government also Procedures for wide consultations on the amendments are being needs to develop and share a road map with worked to ensure exhaustive discussions on the areas proposed for clear time lines for amendment of the Marriage amendments. Laws.

As it is now, the pace of law reform is too slow and while Government dilly dallies, women continue to suffer the brunt of discriminatory marriage laws. Article 9: Right to The Government of Tanzania through Constitutional amendments of In Tanzania, the major players in politics and Participation in Political 2000 and 2004 increased the proportion of women in Parliament and decision-making continue to be men despite and Decision-Making Local Authorities as follows: - women’s presence and the issues on women’s Process . Special seats for women in Parliament increased from 15 per political agenda do not feature nor are they cent in 1995 to a minimum of 20 per cent in 2000 and 30 per deemed a priority. The fact that men cent in 2004. predominate in the public/political sphere in . In the Local Authorities special seats for women have Tanzania means that its organization and increased from 25 per cent in 1995 to 33.3 per cent in 2000 structures are heavily influenced by male . The Constitution of Zanzibar as amended in 2002 increased values, attitudes and priorities. Very often the percentage of women’s special seats in the House of women are expected to conform to and not Representatives from 20 per cent in 2000 to a minimum of transform the structures and norms of the 30 per cent in 2002. public sphere.

The Government also ensures training for women members of It is thus imperative that beyond the provisions Parliament in the Constitution, Government must ensure that the stereo types related to women in politics and decision making be addressed through a protracted public education and communication programme.

Government also needs to take periodic stock

52 of all positions of leadership and decision making to ensure that women are adequately represented. Article 14: Health and The Tanzania National Health Policy aims at promoting health Below are some of the outstanding issues in Reproductive rights services rendered to the citizens whether married or unmarried, the right to health: bringing access to health care services and educating the community on common preventable diseases with provisions for clean and safe Many women and girls still lack full access to water, reducing maternal and infant death, and improving family quality information regarding sexual and health in societies. The Health Sector Reform Programme, reproductive health and the right to quality introduced in 1998, introduced cost sharing and provides maternal family planning, prenatal and postnatal and child health services for free. In 2003, the local government services, including emergency obstetric constructed an additional 233 dispensaries and 16 health centers services and emergency contraception. while NGOs added 87 new health care facilities. Reproductive health strategies laid by the government need to be implemented for the The government recognized that despite its efforts, both the maternal betterment of women and girl children. Though and infant mortality rates have remained high, 578 per 100,000 and the government's user fees for health services 100 per 1,000 live births respectively. In addition, life expectancy contain exemptions and waivers for vulnerable declined from 52 years in 1990 to 48 years in 2000, largely due to groups, e.g. pregnant women, infants, and the the HIV and AIDS crisis. elderly, the exemptions and waivers are highly ineffective. The Ministry of Health has focused its development strategies on the development of girls and adolescents. There are medical checkups The minority/indigenous and poor women lag for these youths in schools to determine whether the girl youths are further behind the access of good health in good health. With the Ministry of Health and Social services because they have to depend on the Development, the Ministry of Education and Culture has added less expensive medical services of the Family Life Education (FLE), which includes reproductive and government. While the government has also sexual health and HIV and AIDS education to the curricula of introduced free healthcare services including Primary and Secondary schools and Teacher Training Colleges. Anti-Retroviral drugs for pregnant mothers in the prevention of mother to child transmission The health sector has prioritised programmes that address of HIV, the program has been limited and the reproductive health. There has been a lot of work done in terms of service is not accessible to all pregnant rehabilitation and construction of rural health centres that are within women. reach. The elderly, and more specifically elderly

53 female widows who face the denial of property and wealth, remain especially vulnerable to limited access to healthcare. In a 2005 study by HelpAge International, Tanzanian elders reported having to wait hours—sometimes standing—to see a doctor, being ignored by hospital staff and if seen by a doctor, being treated poorly. In addition, due to their limited financial resources, elders often do not have the means to pay for health care.

Refugees and displaced persons are required to reside in designated areas that are specified by the government. Health care services are given in those areas following the Tanzania Constitution, though they may not comply with UNHCR regulations. The 2005 UNHCR report found that many refugee reception centres are not properly equipped, “lacking sufficient bedding, clothes and medical treatment for their residents.” In addition, “the food assistance provided is below UNHCR standards (2,100 calories/day),” and “shelter is of poor quality.” The birth rate of refugees in Tanzania is 20,000 children annually and as the number of refugees and displaced persons increases there is a critical need for the increased availability of quality health services to refugees and displaced persons.

In prisons, women, including pregnant women, are facing with a lack of proper medical care. The prisons are severely overcrowded and though the law requires prisoners to be

54 separated based on age and gender, in practice many overcrowded prisons lacked separate cells for male, female, and juvenile prisoners.31 The congestion and overcrowding in prisons leads to an increase in deaths from diseases like malaria, tuberculosis, HIV/AIDS, cholera and those related to poor sanitation which could be prevented with proper access to treatment. But, the prison dispensaries offer only limited medical treatment, and friends and family members of prisoners generally have to provide medication.

Despite the fact that the Ministry of Health has focused its development strategies on increasing the availability of quality health care services, there is a severe gap between the human resource requirements and the human resource availability in the health sector Without attention to the shortage of health care providers it continue to hinder all efforts to improve access to quality and affordable health care in Tanzania.

Article 21: Right to The Law Review Commission has recommended to the Government The Government needs to make public the Inheritance amendments on the laws that discriminate against women including process and procedures for the additional proposals on customary and other practices that prevent women from consultations on review of the Inheritance laws inheriting land and property. The Government is currently reviewing and the Custody of Children. The Government the recommendations and intends to prepare a white paper to seek for also needs to develop and share a road map opinion of the public before the review is carried out. with clear time lines for amendment of the Marriage Laws.

31U.S. Department of State Bureau of Democracy, Human Rights, and Labor, “Tanzania – Country Reports on Human Rights Practices 2006” March 6, 2006, 3.

55 As it is now, the pace of law reform is too slow and while Government dilly dallies, women continue to suffer the brunt of discriminatory inheritance laws.

Article 22: Special Tanzania has a National Policy on Ageing (NAP) 2003 whose The Government of Tanzania still needs to take Protection for Elderly specific objective is challenging outdated customs that are harmful, specific measures to protect elderly women, Women including the killing of older women as a result of witchcraft such as32: allegations (Section 3.9). Similarly the target of eradicating all forms • Issuing a policy statement that commits of abuse and discrimination against women is included in the poverty District Councils to include measures in reduction strategy, the National Strategy for Growth and Reduction District Plans that challenge and address the of Poverty, June 2005, also known as the Mkukuta (Cluster 3, Goal intimidation, isolation, abuse and killings of 4.17). The Mkukuta recognises older people as a vulnerable group. older women which can result from allegations of witchcraft that are made against them.

• Revising the National Guidelines for Home- Based Care Service Providers (Feb 2005), the Curriculum for Training Home Based Care Service Providers (Dec 2006) and the National HIV/AIDS Care and Treatment Plan (2003 – 2008) to ensure they respond to the needs of older women carers of people living with HIV and AIDS and most vulnerable children.

•Identifying and providing older women carers and households affected by HIV and AIDS with dedicated support, information and resources, including cash transfers, to enable them to effectively carry out their roles as carers and educators and prevent their own risk of infection.

32 See generally, the NGO Thematic Shadow Report on Older Women’s Rights in Tanzania, prepared by HelpAge International, Tanzania, April 2008

56 • Taking immediate action to introduce a nondiscriminatory uniform inheritance law that applies equally to all Tanzanians, and which does not discriminate against older women, in particular widows, and a law that no longer contradicts the protection of women and widow’s rights to access to land and property that already exist in the Land Act CAP 113 RE 2002, the Village Land Act CAP 114 RE 2002 and the Law of Marriage Act 1971.

• Implementing the law criminalising the seizure of property (property grabbing) on the death of a spouse.

• Ensuring that any changes to the law and mechanisms to implement them are made known at the community level particularly by poor, older, illiterate women, through village and district government structures.

57 Continuing Challenges For Domestication and Implementation of the AU Women’s Rights Protocol

Despite the gains made, it is evident that many challenges remain on the path to full realisation of women’s rights including the following:

. The slow process of change particularly at legislative and policy levels: As an example, it is now 13 years since the Government of Tanzania started the process to reform Marriage Laws and no progress had been made beyond a study by the Law Reform Commission recommending changes in the law. The Law Reform Commission has also proposed changes in inheritance laws and customary laws but there is no movement forward. Such delay is further exacerbated by the fact that it remains within the discretion of the Attorney General to act on the reports and recommendations made by the Law Reform Commission.33 This slow pace of legislative change is further complicated by the existence of dual legal systems in Tanzania. In Tanzania, as in most African Countries, the existence of customary and religious law on the one hand and statutory law on the other often means that women’s rights are compromised. When drawing up laws on matters relating to women’s rights, often customary and religious law is given precedence.

. Weak institutional mechanisms for implementation especially by the government gender machinery. In order to adequately drive implementation of the Protocol, the Ministry of Gender needs adequate resources and clout within Government. More often than not, Gender machineries suffer severe (and in many cases disproportionate) cuts in budget allocation and human resources. Additionally, while the Ministry of Gender works with and through Gender Focal Points to ensure coordination and monitoring of gender responsiveness in Government institutions, one of the major criticisms of the Focal Points is that “Their roles in practice seem unclear and their resources are insufficient to meet the task. Gender Focal Point positions are often assigned to junior officers who do not have the influence or capacity needed to mainstream gender issues effectively and may be constrained by lack of adequate knowledge about how to do gender analysis.”34

. Lack of awareness among key decision makers, about the Protocol and what it seeks to address. It was very telling during the interviews that outside the Ministry of Gender, Foreign Affairs and Justice, all the other key decision makers interviewed either did not know about or had very scanty knowledge of the Protocol. Lack of awareness of the Protocol will mean lack of impetus to push for its domestication and implementation.

. Cultural and religious resistance to change: in a society such as Tanzania, culture and religion are key forces that drive the way people live their lives and many times these two forces are the gatekeepers for change on issues such as women’s rights. Governments and civil society often grapple with the right tools to address and engage culture and religion on the path to change. On the other hand, there has been success in one aspect that should be replicated:

33 Legal and Human Rights Center, Tanzania Human Rights report 2007 at page 105 34 Gender and Economic Growth in Tanzania, Amanda Ellis, et al (A World Bank Publication available on the World Wide web)

58 During an interview with Ministry of Justice officials, an example was given of how Government circumvented the resistance to early marriages by cultural and religious leaders. Instead of trying to go about addressing early marriages through emphasising the law, Government used the campaign for universal primary education to champion girls’ enrollment and retention in school and to enlist the support of parents as agents of change to ensure the campaign succeeded. The universal primary education campaign was easier to sell and enlist support of religious and cultural leaders than using the rights/legal argument. Thus Ministry of Justice advised that Government and their civil society allies should think about more of these policies that get the end result and that at the same time are sellable among cultural and religious leaders (who remain key influencers in society).

. Limited funding and human resource capacity especially to implement laws that are passed. This means that a lot of times, women’s rights are still violated with impunity. Key law enforcement institutions such as police and the judiciary do not have the tools to enforce the law. Also, despite fairly well written and well intentioned policy documents, the State does not have adequate funding to fully implement the policies, therefore overall, little progress is made

Current Opportunities and Entry Points for Domestication, Implementation and Monitoring of the AU Women’s Protocol

In the quest to ensure that Tanzania meets its obligations to full realization of women’s rights, there exist ample opportunities that are both entry points for collaboration as well as capacity building to ensure that the Protocol is domesticated and implemented. These entry points/opportunities include:

1. Ongoing Law Reform Processes: As noted above, the Law Reform Commission has already conducted the requisite studies and proposed recommendations to amend some of the laws, such as the Marriage Act and the Inheritance Act that would comply with domestication of the Protocol. Since the background work has already been done, the Ministry of Justice should step up efforts to ensure that the laws are prepared and presented to Parliament for debate and eventual passing.

2. General Elections: Tanzania is going to hold general elections in 2010. The elections are an opportunity to work with various players to ensure that the Protocol finds center stage in this period. In particular, it would be important to work with political parties to ensure that they include commitment to realization of the AU Women’s Rights Protocol as part of their campaign promises/campaign manifestos/ party programs. The elections also present an advocacy opportunity e.g. to raise the number of women in politics based on the 50/50 aspiration in the Protocol

3. PRSP Review Process: Tanzania is currently reviewing its PRSP. This provides an ideal opportunity to include some of the benchmarks on women’s rights in the new PRSP. The key entry points would be the review, consultation and drafting process. There is a Technical Working Group on Gender as part of the PRSP evaluation and preparation process, which can quickly be mobilized and trained on the Protocol.

59 4. The Gender Focal Points present in every Ministry and Government Authority are a ready tool to use to raise awareness of, get sector commitments for and monitor implementation of the Protocol.

5. The Annual Sector Reviews and planning processes provide an opportunity both to assess progress as well as place demands for domesticating and implementing the AU Women’s Rights Protocol. Work also needs to be done to ensure that the District Development plans align with the Sector plans and also incorporate aspects of implementation of the AU Women’s Rights Protocol.

6. Along side the sector reviews is the budget process, including also the Public Expenditure Review, which is also an annual undertaking. The Government, especially Ministry of Gender, as well as civil society can take advantage of this process to ensure that aspects related to domestication and implementation of the Protocol is budgeted.

7. Gender Ministry in Tanzania which has a mandate to oversee and coordinate efforts to domesticate and implement the Protocol can play a key role especially to convene a meeting to plan and map out strategies for domesticating and implementing the Protocol. The Ministry also oversees the Gender Sensitive Monitoring Database which is used to collect, analyse and disseminate data for policy making.

8. The Tanzania Women Parliamentarians Group can be used as lead ally in the House to ensure that the Executive meets its obligation to domesticate and implement the Protocol. Work can also be done with the relevant Parliamentary Committees through their oversight and watchdog role. The Committees that would most closely relate to the Protocol include the Social Welfare and Community Development Committee, the Constitutional, Legal and Public Administration Committee, the Social Services Committee and the Foreign Affairs, Defense and Security Committee (which can be used to ensure compliance with report writing obligations)

9. The Development Partner Group on Gender Equality which was formed in order to ensure that gender equality issues do not evaporate and are brought to higher levels of policy dialogue and which has designated members, known as Gender Contact Points, in all the other Sector Working Groups, can also be used to champion the Protocol at the highest levels of decision making.

10. Inter-ministerial Technical Committee made up of Permanent Secretaries is another key policy space where issues of domestication and implementation of the Protocol can find credence and such a forum can also be used to enhance inter-ministerial accountability for domestication, implementation and monitoring of the Protocol.

11. There are locally available capacities in Tanzania, including among women’s rights organizations that can be used to ensure accountability for domestication and implementation of the Protocol.

State Capacity Building Needs and Initiatives: Taking into consideration the progress made so far, the challenges encountered and the opportunities for continued promotion and protection of women’s rights, the following represent the prioritized capacity building needs in order to help the Tanzanian Government domesticate, implement and monitor the Protocol:

60 1. In the first instance, the Ministry of Gender as the lead agency to drive domestication, implementation and monitoring of the Protocol, needs to be assisted to convene a stakeholders meeting to develop a Strategy and Action Plan for Domestication and Implementation of the Protocol. Such meeting can be co-convened with the in-country SOAWR partners. Such a Plan needs to be actionable specifying clear roles, responsibilities, time lines and costs to operationalize the Protocol. The Ministry will also need assistance to convene periodic meetings for monitoring the Action Plan.

2. The Ministry also needs assistance to develop a Communications Strategy for the Protocol. As noted above, many of the key actors responsible for overseeing or ensuring domestication and implementation of the Protocol are unaware of its contents and potential for women’s empowerment and overall development of Tanzania. The Communications Strategy needs to target various audiences among them the Gender Focal Points, the key Parliamentary Committees, the Development Partners Group on Gender Equality and the Inter-ministerial technical Committee, among others.

3. Capacity Building assistance is needed to support the Technical Working Group on Gender, one of the sub committees under the PRSP Review. Such support should be geared at enabling the Group ensure incorporation of the commitments to gender equality espoused in the Protocol in the new PRSP. Such support can be in the area of developing clear goals, objectives and monitoring indicators across the PRSP clusters and outcomes.

4. The Gender Focal Points need specialized training on the Protocol and how to embed it into ministry plans, budgets and monitoring processes. The Ministry of Gender is currently planning to develop a Programme of Action for the Gender Focal Points that would act as a guiding document on gender mainstreaming within Government Ministries and Agencies. Such Programme of Action should contain aspects of and relate to domestication, implementation and monitoring of the Protocol. The capacity building input can be in form of Technical Assistance to the Ministry both in developing the Programme of Action as well as training of the Gender Focal Points on the Protocol.

5. Critical to enabling the Gender Focal Points play their role is to enable them have more access to and influence over the decision making processes in the institutions in which they are placed. One idea currently being floated in Tanzania is to have their positions upgraded to the level of Policy and Planning Units or to have one of the officers from those units designated as the Gender Focal Point. In this regard, assistance would be needed to fast track the process to upgrade their positions and develop clear terms of reference for the gender Focal Points.

6. Support is needed to strengthen the capacity of Ministry of Gender to effectively engage with Ministry of Finance and other key ministers such as Justice in support of gender equity. The Ministry of Gender specifically mentioned that they require strengthening in advocacy and negotiation skills.

7. Capacity building assistance is needed to strengthen monitoring capacities: e.g. update the Gender Sensitive Monitoring database to include benchmarks that reflect the Protocol, strengthening the monitoring capacities of the Gender Focal Points so that they are able to collect, process, analyse and disseminate data on implementation of the Protocol, strengthen the Ministry’s coordination of the monitoring - e.g. help develop a

61 tool than collates information received from the Gender Focal Points, and assist in developing monitoring indicators that reflect the benchmarks in the Protocol.

8. Build consensus/develop strategies on balancing the need to accelerate law reform while retaining a consultative [law reform] process

9. Training in gender budgeting/budget tracking to ensure adequate funding for implementation of the AU Women’s Rights Protocol

Capacity Needs and Initiatives for CSOs

1. Support the SOAWR members to launch an advocacy campaign for domestication and implementation of the Protocol. As with all advocacy efforts, energies are bound to nosedive after a protracted struggle. The first struggle was to get the Protocol ratified by the state. Now that this has been accomplished, SOAWR needs to develop and launch an advocacy campaign to keep Government accountable for domestication, implementation and monitoring of the Protocol. Unless CSOs are able to keep the spot light on the Protocol, its significance will be easily lost in the layers of other Government programmes and priorities.

2. Assist the SOAWR partners to develop a range of IEC materials on the Protocol and implement part of the Communication strategy developed by Government35

3. Support SOAWR to engage in the PRSP Review. Many of the groups talked to were not aware of the review process and could thus miss a potential opportunity to incorporate the Protocol

4. Support the SOAWR members to work with political parties, ahead of next year’s general elections to ensure that parties incorporate commitments to realization of the AU Women’s Rights Protocol as part of their campaign promises/campaign manifestos/ party programs. Alternatively, SOAWR can be supported to develop a Women’s Manifesto/Election Agenda that incorporates and highlights the Protocol

5. The Legal and Human Rights Center, which is the lead organization for SOAWR in Tanzania, publishes an annual Human Rights Report. Support can be given to the Center either to expand its section on women’s rights or to do a Special Edition on the Protocol so that there is an annual publication that tracks progress on domestication, implementation and monitoring of the Protocol. The Legal and Human Rights Center’s annual reports are widely distributed among policy and decision makers and the reports have gained product and name recognition. Therefore support for a Special Edition on the Protocol published by the Center would not be a hard sell.

PART III: Final Conclusions and Recommendations

35 See point 2 on page ….. of the Report

62 The advent of the AU Women’s Rights Protocol is a seminal step towards advancing women’s rights in Africa. Full implementation and transformation of women’s rights obligations into national legislation (i.e. domestication) is a first step that provides women with a solid basis from which to negotiate their rights in their daily lives. It also provides women’s organizations and governments with the tools and enabling framework to develop or continue their awareness raising and education efforts. It also provides a framework for implementation and monitoring of state compliance.

While the three countries in this study have demonstrated some attempt at improving the women’s rights situation in their countries, more still needs to be done especially with regard to domesticating and implementing the AU Women’s Rights Protocol. The study has also further shown that in order for states to meet their obligations to domesticate, implement and monitor the Protocol, their capacity needs to be built in order to fully deliver on these obligations.

Thus from the study, the following capacity building initiatives are critical in advancing the domestication and implementation of the AU Women’s Rights Protocol:

. Building the capacity of the lead agencies, in this respect, the Gender Machinery, in order to steer the development of a strategy for domestication and implementation. . Developing a comprehensive communications strategy targeting both key policy and decision makers, as well as the general population. The aim of the strategy would be both to popularize the Protocol as well ensure that its benefits and implications of ratification are made clear to these key constituents. Building such an understanding would go a long way in propelling accountability for Governments to fulfill their mandates under the Protocol . Strengthening the capacity of Gender Focal Points at national and local level to coordinate integration, analysis and reporting on the domestication and implementation of the AU Women’s Rights Protocol . Building the capacity of Governments to mainstream gender budgeting so that women’s needs and development priorities, as identified in the AU Women’s Rights Protocol, are financed

If the Protocol is to be effectively and fairly implemented in a way that will assist women now and in the future there is need to make full use of the many opportunities and entry points for the domestication and implementation. The Report has sought to highlight these, and quite a number of them are similar across many countries, such as budgeting processes, sectoral planning and review processes, electoral processes as well as legislative processes, working especially through the peoples’ representatives, i.e. Parliament, to ensure Government’s domesticate and implement the AU Women’s Rights Protocol.

While making use of opportunities, Governments must be bold to confront the challenges that continue to plague the domestication and implementation of the AU Women’s Rights Protocol such as addressing the cultural and religious barriers to full attainment of women’s rights, improving the rate at which discriminatory laws are changed, etc. This will go a long way in instilling confidence that Government’s ratify instruments such as the AU Women’s Rights Protocol not for political expedience, but because of the political commitment to improving the life and welfare of women.

63 ANNEXES

Annex 1

States Capacity Assessment Tool for Domestication, Implementation and Monitoring of the AU Protocol on Women’s Rights

PART I: Introduction

Purpose of the Assessment: The States Capacity Needs Assessment is to enable identification of possible initiatives that could be put in place to build the capacities of States to deliver on the African Union Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (herein after called the AU Women’s Rights Protocol) in order to enhance the realization of rights and the improvement of the welfare of women on the African continent.

Purpose of the Tool: In order to glean the right capacity needs, this assessment tool has been developed to support the systematic documentation of the problems, challenges and opportunities that States face and which affect their ability to domesticate, implement and monitor the AU Women’s Rights Protocol.

While the main focus of the Assessment is on States as duty bearers, there will be some questions targeting Civil Society Organizations in their role as advocates for and partners in ensuring that the AU Protocol is domesticated and implemented.

Areas For Capacity Assessment: Ability to domesticate, implement and monitor the AU Women’s Rights Protocol will be addressed from the view point of capacity in the technical, financial, structural, procedural and political areas. The assumption here is that capacity is needed in all these major areas in order to effectively deliver on the AU Protocol. The tool will document the opportunities and challenges in these areas as far as domestication, implementation and monitoring of the Protocol are concerned.

Some Key Terms:

Domestication means the incorporation of the AU Women’s Rights Protocol into domestic laws so that the rights and duties contained in the Protocol may become applicable and enforceable locally in the States that have ratified the Protocol.

Implementation means the actions that States take to ensure that the AU Protocol is realized in practical terms. The Protocol provides various options through which it can be implemented such as public education and awareness, providing adequate budgetary resources, instituting victim support measures, etc. Enacting appropriate legislation and preparing reports to the ACHPR as per the provisions on State reporting in the Protocol are also part of implementation of the Protocol.

Capacity Area Possible Areas for probing Financial What budgets are in place to domesticate, implement and monitor the AU Women’s Rights Protocol? Does the state implement a gender budgeting initiative? Does the state involve women/women’s rights organizations in the budget process? If so how and with what results?

64 Do women’s issues/concerns get reflected in the final budgets? Are there clear avenues to allow civil society monitor the agreed budgets? If there are no budgets in place to domesticate, implement and monitor the Protocol, what are the challenges and capacity gaps, e.g. are there enough trained personnel who understand and know how to mainstream gender in national budgets Are there specific plans of action for enhancing domestication, implementation and monitoring of the protocol? Are these plans financed? If so by whom and by how much? Technical Are there focal points at ministry level that take the lead on/are responsible for ensuring domestication, implementation and monitoring of the Protocol? What level/grade are they within the ministries? Do they have access to the decision making level? Are they able to hold the ministries to account for domestication, implementation and monitoring of the Protocol? Do the Focal points work with women’s rights organizations to enhance/champion the domestication, implementation and monitoring of the Protocol? What kind of capacity do they have (financial and human), what kind of capacity do they need to play their role? Are there specific plans of action or policies for enhancing domestication, implementation and monitoring of the protocol? Structural Where does the Protocol fit in the hierarchy of laws/policies and/or in the hierarchy of government commitments for domestication, implementation and monitoring? Procedural What procedures are followed for domestication, implementation and monitoring? Are these procedures widely known, transparent and open for engagement to women’s rights organizations? What are the opportunities and bottlenecks in the procedures regarding enhancing the realization of the AU Protocol (domestication, implementation and monitoring)? What checks and balances are available to ensure that the procedures do not impede domestication, implementation and monitoring? Are these procedures linked in a way that would enhance domestication, implementation and monitoring? If not, what are the gaps and how can they be closed through capacity building? Are the procedures followed as laid out? If not, why not? Political Is there political will to enable domestication, implementation and monitoring of the Protocol? What is the role and place of the Gender Machinery in political decision making? Are there parliamentarians who are keen on government accountability for the AU Protocol? Are there parliamentary committees that consistently demand or whose role is to ensure accountability on domestication, implementation and monitoring of the AU Protocol? What role are the AU Parliamentarians playing in ensuring accountability for domestication, implementation and monitoring of the AU Protocol? What are the capacity challenges at this level? Do women’s right organizations have access to the political space for engagement on domestication, implementation and monitoring of the Protocol? Do they have the capacity to access the political space? IF so how? If not, what capacities do they need to influence the political players to domesticate, implement and monitor the Protocol? Is there

65 accountability at political level to the public on domestication, implementation and monitoring of the Protocol?

Monitoring means putting in place and using measures to track performance and adherence by States to the principles and rights enshrined in the AU Protocol.

For purposes of this tool, domestication has been separated from implementation and monitoring, in terms of assessing States capacity needs. This is to enable deeper assessment of and therefore more targeted capacity building support for the two processes to ensure holistic delivery on the AU Protocol.

Part II: Assessment Questions

Domestication

1. What is the process for domestication of the Protocol in your country? Please elaborate it. 2. Which State institutions are key in ensuring that the Protocol is domesticated? 3. What is the process to ensure that these key institutions comply with their obligation to domesticate the Protocol? 4. If partial domestication has taken place, i.e. some laws already reflect the rights and principles enshrined in the Protocol, what measures have been taken/are being taken (and by whom) to harmonize the rights and principles in the Protocol with those of existing laws? Please give clear examples of the laws that reflect some level of domestication of the Protocol and which laws need to be changed or which new laws need to be drafted and enacted to reflect the Protocol. 5. Are there existing Government programs /initiatives to domesticate the Protocol? Please elaborate them. If such programs/initiatives exist, are they achieving the intended results? 6. What other opportunities are there in the following areas, for domesticating the Protocol? Please be as detailed as possible.

Capacity Area Opportunity Financial Technical Structural Procedural Political

7. How are these opportunities being put to use and by whom? 8. How can these opportunities for domestication be further maximized? 9. If no programs/initiatives for domestication exist, what are the challenges/impediments for instituting them in the following areas?

66 Capacity Area Challenges Financial Technical Structural Procedural Political

10. What sorts of capacity building initiatives could be put in place to address the challenges in domestication in the following areas?

Capacity Area Proposed Capacity Building Initiative Financial Technical Structural Procedural Political

11 If you were to give your top three capacity needs for domesticating the Protocol what would these be and why?

Implementation and Monitoring

1. What are the key state institutions responsible for implementing and monitoring the Protocol? 2. What is the process in place to ensure that these institutions comply with their implementation and monitoring role? 3. Are there existing Government programs /initiatives to implement and monitor the Protocol? Please elaborate them. If such programs/initiatives exist, are they achieving the intended results? 4. Are there Ministry leads/responsibility centers (at political or technical level) that are charged with tracking and ensuring [accountability for] implementation and monitoring of the AU Protocol? If so are they discharging this function and with what results? What capacity constraints do they face and what opportunities are there for further capacity growth? 5. What other opportunities are there in the following areas, for implementing and monitoring the Protocol? Please be as detailed as possible.

Capacity Area Opportunity Financial Technical Structural Procedural Political

6. How are these opportunities being put to use and by whom?

67 7. How can these opportunities for implementation and monitoring be further maximized? 8. If no programs/initiatives for implementation and monitoring exist, what are the challenges/impediments for instituting them in the following areas?

Capacity Area Challenges Financial Technical Structural Procedural Political

9. Is the Government aware of and does it have a plan to meet its reporting obligation under the Protocol? Is the reporting financed and is there adequate technical capacity to fulfill this obligation? If not, what capacity challenges are there in planning for and meeting its reporting obligations? 10. What sorts of capacity building initiatives could be put in place to address the challenges in implementation and monitoring in the following areas?

Capacity Area Proposed Capacity Building Estimated resource Initiative requirement for the Capacity Building Initiative (human and financial) Financial Technical Structural Procedural Political

11. Are there locally available capacities that can be brought into a capacity building program for the relevant state institutions/ actors? e.g. are there existing national government programs or regional research and training institutions, women’s NGOs etc engaging with the state on the implementation of the Protocol? 12. What are the capacity needs for CSOs to enable them continue engaging on domestication, implementation and monitoring of the AU Protocol? 13. How can CSOs continue a dialogue with government beyond this consultation and engage in a sustained support for the implementation of state capacity building activities? 14. If you were to give your top three capacity needs for implementing and monitoring the Protocol, what would these be and why?

68 Questions on the Role of the AU in Domestication, Implementation and Monitoring

1. In your view, what role can the AU Commission play in encouraging states to domesticate the AU Women’s rights Protocol? 2. In your view, what role can the AU Commission play in assisting states to implement and monitor the AU Women’s Rights Protocol? Please be as specific as possible 3. In your view, what role can the AU Commission play in building the capacity of states to domesticate, implement and monitor the Au Women’s Rights Protocol? Please be as specific as possible. 4. In your view, what role can the AU Gender Directorate play in encouraging states to domesticate the AU Women’s Rights Protocol? 5. In your view, what role can the AU Gender Directorate play in assisting states to implement and monitor the AU Women’s Rights Protocol? Please be as specific as possible 6. In your view, what role can the AU Gender Directorate play in building the capacity of states to domesticate, implement and monitor the AU Women’s Rights Protocol? Please be as specific as possible. 7. In your view, what role can the ACHPR and its Rapporteur play in encouraging states to domesticate the AU Women’s Rights Protocol? 8. In your view, what role can the ACHPR and its Rapporteur play in assisting states to implement and monitor the AU Women’s Rights Protocol? Please be as specific as possible

List of Persons/Institutions for Interviewing:

1) SOAWR members in the three countries; 2) National women’s rights organization in the 3 countries such as the Women Lawyers Association, national women’s rights umbrellas, gender budget groups, VAW Coalitions 3) Ministries of Justice in the 3 countries; 4) Ministries of Gender or Promotion of Women in the three countries and/or their equivalents; 5) Ministries of Foreign affairs in the 3 countries 6) Ministries of Finance 7) The Women’s Parliamentary caucus 8) Any other relevant Parliamentary Committee (Legal and Human Rights/Gender/Foreign Affairs) 9) The representatives to the African Union; 10) Key civil society actors working on human rights in the three countries 11) Untied Nations Agencies with a focus on women and children e.g. UNIFEM, UNICEF, UNAIDS, UNDP 12) Law Reform Commissions 13) National Human Rights Commissions 14) Donor Gender Working Group

69 15) Intergovernmental organizations with an objective of empowering women e.g. IFAD

List of Sources to Consult/Review:

1. Periodic reports on CEDAW of the three countries 2. Reports on the implementation of the Solemn Declaration on Gender Equality in Africa; 3. SOAWR updates and publications. 4. National Constitutions and other laws that reflect domestication/implementation of the Protocol 5. Relevant policies/plans of action, programs that reflect domestication/implementation of the Protocol

70 Annex 2

AU Women’s Rights protocol State Capacity Needs Assessment-Liberia Iheoma’s Itinerary Date & time Activity Venue Institution/s Contact person/s Person responsible Comments Mon. April Briefing Oxfam WOLPNET Chals-OGBL CD Tonieh_ 13th-5pm meeting conference WONGOSOL OGBL room OXFAM Tues. April interview Capitol Legislator Senator John A. Una-Wolpnet 14th building Ballout, Jnr Tues April Interview Temple of Associate Justice of Justice Kabineh Iheoma Justice the Supreme Court & Kaneh Former Minister of Justice Tues April Interview Monrovia Minister of Gender Minister Vabah Iheoma 14th Gayflor, Deddeh Kwekwe & Minister’s PA. Wed April Focus group Bomi county Concern Christian Mariama Brown & Marpue- 15th discussions community& Women County Gender WONGOSOL leaders Coordinator Local authorities Wed. April interviews Temple of Judiciary & legislator Justices Una-Wolpnet 15 justice Janneh,Wollokolie Judges Clinton-Johnson Muna Cio Thurs. April interviews Monrovia Ministries of Internal Hon. Kiawu Una-Tonieh 16th Affairs and Justice Hon. Liberty Hon. Weasley- Swen Thurs April Interviews Monrovia CSOs & women’s Frances Greaves WONGOSOL

71 16th organizations Liberia Rural Women’s Association Thurs April Interviews Monrovia Association of Deweh Gray Iheoma 16th Liberian Female Lawyers (AFELL) Thurs April Interviews Monrovia Chair, Senate Senator Abel Una 16th Committee on Foreign Masseray Affairs Thurs April Interviews Monrovia Legal Counsellor & Counsellor Krubo 16th Deputy Minister, Kollie Ministry of Foreign Affairs Thurs April Interviews Monrovia Foundation for Roosevelt Woods Iheoma 16th International Dignity National (FIND) Programme Co- ordinator Thurs April Interviews Monrovia Liberia Rural Women Verguas Maryango 16th Association, Voice of the Voiceless Frances Greaves Thurs April Interviews Monrovia Country Programme Izeduwa Derrick- Iheoma 16th Manager, UNIFEM Briggs Friday 17th Briefing Monrovia OGBL Iheoma Oxfam offices April 16 session WOLPNET WONGOSOL Friday 17th Interviews Monrovia AU representatives Amabassador Iheoma April Diakite, Prosper Nii Nortey Addo & Lt Colonel Hesty Simaanya Friday 17th Interviews Monrovia UNMIL/PAP James Mugo Iheoma Muriithi, Gender Affairs Officer

72 Friday 17th Interviews Monrovia UNESCO Cancelled at the last noon minute Mon April Interviews Women’s Legislative Senator Brent & 20th Caucus Representative Regina Sokan Teah Mon April Interviews Chair, Senate Counsellor, Joseph 20th Committee on Neagbe Judiciary, Claims Petitions & Human Rights Mon April Interviews Monrovia Liberian National Bar First Vice President 20th Association Mon April Interviews Monrovia Ministry of Finance Was not able to see 20th Budget Bureau anyone from the Ministry of Internal Bureau of the Budget Affairs or MoF Tuesday Interviews Monrovia UN building Informally met with April 21st various members of the UN Wed April 22 Validation Monrovia MoGD conference Strategic Team effort workshop room stakeholders Thursday Prepare Monrovia April 23 rewrite of report Friday April Travel Lagos OGBL Logistics 24

73 Annex 3

AU Women’s Rights Protocol State Capacity Needs Assessment – Nigeria SN Category Organization Name Post/Rank Proposed Date, Contact Number Time & Location 1 SOAWR WRAPA Saudatu Mahdi Secretary General 08033144905 BAOBAB Sindi Madar- Executive Director Date changed from 08033009510 Gould 7th to 9th

BAOBAB, 76, Ogudu Rd, Ojota. Lagos WOCON - Bisi Olateru- Executive Director WOCON office, 08033347896 WILDAF Olagbegi Lagos

Not in the country sent email with questionnaire 2 Women’s FIDA Ezinwa Okorafor Country Vice 7th May 08075517878 Rights NGOs President FIDA Nigeria, No. 08023039678 13, Parakou Street, Off Aminu Crescent, Wuse II, Abuja FIDA Suzanah Amina Board member As above Agbaje WORNACO Biola Afolabi Executive Director Not in the country 08055951858 Akiode – sent questionnaire to her office

74 Alliances for Osai Ojigho Coordinator, 9th May Africa African Court Project 29 Norman Williams Crescent, Off Keffi Street, SW Ikoyi, Lagos NCAA Oby Nwankwo Coordinator 4th May 08033132494

CIRDDOC, 4th Dimension Complex. 16, 5th Avenue, City Layout, Enugu. CDD Jibrin Ibrahim Director Not available (0)9 6716454 PhD (0)9 2731445 Nkechi Nwankwo Director LACVAW Dr Charmaine Coordinator Out of the country 08072262498 Pereira 3 Ministry of Dept. of Mrs Agbamuche Director Mrs Agbamuche Justice International & Comparative Law 4 Gender Fed Min of Salamatu Minister for Minister not Minister not Ministry Women Affairs Sulieman Hussein Women Affairs available available

Nkechi Florence Senior Officers Saw officers Onukwe & Funke Oladipo National Centre Dr Tyoor Director of May for Women Terchembe Training Development National Centre Dr Aisha Director General Ministry of O8036144054 for Women Mahmood (Former), Deputy Environment, Development Director , Abuja 08059649400

75 Pollution Control Room 303 5 Foreign Nigeria Ojo Maduekwe Minister for Out of the country Affairs Foreign Affairs Ministry Did not meet anyone 6 Finance Mansur Usman Minister for Did not meet Ministry Finance anyone

7 Women’s Parliamentary caucus 8 Other Senate committee Sen. A. Etok The house was not 08035428044 Parliamentary on Rules & in session committee Business therefore all members were on break. It was very difficult trying to see anyone House committee Hon Ita S.J. Enang Committee Chair 08033325636 on Rules & 08022241369 Business Senate committee Senator Usman Committee Chair on Judiciary, Dahiru human rights & Legal Matters House committee Hon Beni Lar Committee Chair 08073389800 on Human Rights House committee Hon Mulikat Deputy Committee 0802 303 3963 on Judiciary Akande-Adeola Chair Senate committee Senator Eme Ufot Committee Chair 08035951342 on Women Affairs Ekaette

76 House committee Hon Binta Masi Committee Chair hon.binta@yahoo on Women Affairs Garba .com

Senate committee Committee Chair on Foreign Affairs

House committee Committee Chair on Foreign Affairs 9 Representativ AU Desk Officer, On their way to es to the Ministry of African African Union Foreign Affairs Commission session in the Gambia & was unavailable.

10 Key human rights based CLEEN Innocent Executive Director civil society Chukwuma actors WARDC Biola Afolabi Executive Director Out of the country 08055951858 Akiode sent questionnaire to colleagues in the office CIRDDOC Oby Nwankwo Executive Director 08033132494 WACOL Joy Ezeilo Executive Director Project Alert Josephine Effa- Executive Director 08033047711 Chukwuma 11 UN Agencies UNIFEM Tolulope Lewis Acting Country 08066555836 Tamoka Manager UNICEF Wumi Sumikar ACTIONAID Dr Otive Igbuzor Country Director otive_igbuzor@y ahoo.co.uk UNAIDS Wani Namara UNDP Tona Saleh

77 12 Law Reform Law Reform Justice Kalgo Commission Commission Commission Chairman 13 National National Human Ifeoma Nwakama Responsible for 0805 233 7300 Human Rights Rights Gender in the Commission Commission NHRC 14 Donor Gender DFID/SJG Prof Muh’d Tabiu Programme 08037009592 Working Director & Group Idris Bawa & Peter colleagues Omenka IRI Mourtada Deme Resident Country (0)9 4133252 Phd Director CIDA Loretto McCool & Governance 08036352092 Kenna Owoh Supervisor 16 Key women Ministry of Prof Dora Hon Minister cabinet Information Akunyili ministers Ministry of State, Grace Hon Minister (outside of Agriculture Gender) 17 Key opinion Legal Resource Prof. Ayo Atsenua [email protected] leaders/wome and Research om n’s rights Development champions in Centre academia/key research institutions 18 Maryam Uwais Lawyer May 4th Abuja

78 Annex 4

APPOINTMENTS FOR JACKIE-TANZANIA

DATE ORGANIZATION TIME WHOM TO TITLE SEE Monday 4th May Min of Community 10:30 am Irene Materu Gender Focal Dev. Gender and and others Person Children

Tuesday 5th May LHRC 9:00 am Neema Gender Focal Person Tuesday 5th May Tanzania Women Media 13:00 Ichikaeli Maro Gender Focal Association Person (TAMWA) Tuesday 5th May UNDP 3:00 pm Mr. Elly Gender Focal Person Wed’day 6th May WILDAF 10:00 am Anna Kulaya Gender Focal Person Wed’day 6th May Law Reform 01:00 pm Mercy Mrutu Lawyer Commission Thursday 7th May Women’s Parliament 09:00 am Justine Shauri Chairperson Caucus Thursday 7th May Ministry of Justice 01:00 pm Mwendwa Gender Focal Malecela Person Friday 8th May Ministry of Finance 11:00 am Joan Mbuya Gender Focal (Room 253) Person (Budget Officer) Friday 8th May IFAD 1:00 pm Dr. Mwatima Gender Focal Juma Person Monday 11th May WLAC 10:00 am Juvenal Lawyer RwegasIra Monday 11th May TAWLA 01:00 pm Hilda and Gender Focal others Person Tuesday 12th May UNFPA 9:00 am Christine Gender Focal Kwayu Person

79

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