© 2003 Center for Reproductive Rights www.reproductiverights.org formerly the Center for Reproductive Law and Policy PAGE 176 WOMEN OF THE WORLD: 9. Regional Trends in Reproductive Rights This chapter identifies trends in reproductive rights and women’s empowerment that emerge from a review of seven Franco- phone African countries. These regional characteristics provide an invaluable guide for assessing the effort required to promote reproductive rights and to focus attention on the laws and policies that could be utilized to achieve such rights. Highlighting certain issues featured in this report, our discussion of regional trends identifies, where appropriate, the relevant national-level laws that can serve as a basis for regional reform efforts. Recent legal and policy proposals already implemented or now under consideration are also mentioned, as well as the rare instances in which information is unavailable. his regional assessment is based only upon the factual con- experimented with socialism, while Cameroon, Chad, Côte tent of the relevant laws and policies. We do not examine d’Ivoire and Senegal have always maintained a liberal system. T the manner in which they are enforced or implemented. Until the 1970s, all of these countries had a single-party system. While we regard such information as critical to the realization It was not until 1974 that the first multiparty democracy was of reproductive rights, we believe that it is important first to established in Senegal. analyze the general legal and policy framework. It is our hope In 1990, during the Conference of Francophone countries that the regional trends identified in this chapter can serve not held in La Baule, France, French President Mitterrand linked as a conclusion but as the initiation of a dialogue regarding the aid from France to greater progress toward democracy in the manner in which reproductive rights and women’s empower- former colonies. That policy shift coincided with the emer- ment should be promoted. gence of national civil societies that demanded greater democ- ratization of politics, recognition of opposition parties, and I. Setting the Stage: more open elections. These demands, reinforced by the pres- The Legal and sure from France, resulted in national reconciliation confer- ences (in Benin, Chad and Mali) and increased democratic Political Framework participation. The seven French-speaking countries selected for this report However, due to the slow emergence of democratic share a common history in that they were all French colonies processes, the politics in these countries are still characterized for more than a century and a half (Cameroon was initially a by problems of governance. For example, in all the countries German protectorate before it was partitioned into two enti- except Benin and Mali, elections do not provide a means by ties, administered by the British and the French). Up until the which the population can truly elect the party of its choice. 19th century, these countries were part of empires or king- Corruption and anti-democratic behavior, inherited from the doms that annexed all or part of their present-day territory; days of single-party politics, persist. In the majority of these based on territorial wars, the boundaries of these empires shift- countries, the state is weakened by civil conflict, and by polit- ed at different stages to include parts of Mali and Senegal; ical and social instability (e.g., disputes and strikes)—factors that Burkina Faso, Côte d’Ivoire and Mali; Benin and Burkina also significantly hamper economic and social development. Faso; and Cameroon and Chad. This explains the many simi- The socio-economic environment in all these countries is larities in their social, cultural and religious practices, as well as marked by a deepening crisis, characterized both by the their laws. impoverishment of their citizens, particularly women, and by Although all obtained their independence in 1960, their increased inequality, particularly between men and women. political development took different directions. In fact, three of According to UNICEF’s West and Central Africa Division, the countries (Cameroon, Côte d’Ivoire and Senegal) have 40% of the region’s population lives below the poverty line. always been politically stable, while the other four (Benin, The region is also characterized by ongoing military conflict, Burkina Faso, Chad and Mali) have undergone coups d’état either within the countries (Chad, Mali and Senegal) or on and military regimes. Benin, Burkina Faso and Mali have their borders (Cameroon and Côte d’Ivoire). LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES PAGE 177 A.THE STRUCTURE OF NATIONAL GOVERNMENTS to promote the advancement of women, including ministries, The region’s colonial heritage is evident in the fact that French secretariats, or departments, both within government and is still an official language in all seven of the countries; it can in the civil service. In most cases, these offices are run also be seen in the governments’ structure and in the legal sys- by women. tems. In each of the countries, the constitution is the funda- Although there is female representation in all of the gov- mental law, and establishes three branches: executive, ernments, women are most often confined to areas of the fam- legislative, and judicial. ily, social affairs, health, culture, tourism, and the like. Thus, 1. Executive Branch women’s representation in government most often takes the Executive power is vested in the President of the Republic, form of ministerial posts that are lacking in prestige and bud- who is the head of state, guardian of the constitution, com- getary resources, and are therefore highly dependent on fund- mander-in-chief of the armed forces, and who sets the policy ing from international donors. agenda. In all the countries, the Executive Branch, whether it C. SOURCES OF LAW is occupied by the military or not, is extremely powerful. 1. International Sources of Law 2. Legislative Branch All seven countries have signed the following international and In Benin, Côte d’Ivoire and Mali, the legislature is made up regional instruments: the International Covenant on Civil and of a unicameral body called the National Assembly. Its mem- Political Rights; the International Covenant on Economic, bers, who are called “députés” [members of parliament], are Social and Cultural Rights; the Convention on the Elimina- elected by universal suffrage and by popular vote. The Nation- tion of All Forms of Discrimination Against Women; the Con- al Assembly passes laws, which the President of the Republic vention on the Rights of the Child; and the African Charter must enact within eight to 15 days. In the other countries, the on Human and People’s Rights. Although in theory in all sev- legislature is bicameral, with both a National Assembly (in en countries international agreements are recognized as having Burkina Faso, the People’s Assembly) and a Senate (in Burkina precedence over domestic law,in practice this is rarely the case. Faso, the Chamber of Representatives).The Senate, which rep- 2. Domestic Sources of Law resents regional or local governments, is elected indirectly by In all seven countries, the constitution is the supreme law of the people. the land, setting forth fundamental human rights and civil lib- In Chad, Mali and Senegal, when the National Assembly erties. In Côte d’Ivoire, however, rights are less explicitly stated disagrees with the cabinet’s program or policy agenda, it may than in other nations as its constitution, in the preamble, makes challenge the cabinet by passing a vote of censure that results a general reference to international human rights documents. in the cabinet’s resignation. However, this chain of events sel- In the other countries, specific rights such as those to life, phys- dom, if ever, occurs. ical integrity, and equality before the law without regard to 3.Judicial Branch gender, origin, race, or religion, are stated explicitly in the body In each of the seven countries featured in this report, the of their constitutions. For example, Article 17 of the Chadian judicial branch is independent of the other branches. Judicial Constitution stipulates that: “The human person is sacred and power is vested in the Constitutional Council, the Supreme inviolable. Every individual has a right to life, bodily integrity, Court, the Courts of Appeals, the lower courts and their divi- security, liberty, and protection of his or her privacy and prop- sions. There are also other regulatory and watchdog agencies erty.” with an advisory role: the High Court of Justice; the Magis- The dichotomy between statutory law and custom in Fran- trature Council; the Economic and Social Council; and the cophone Africa is also worth noting. Each country’s constitu- High Communication Council. tion establishes statutory law as the principle source of law. B.THE ROLE OF WOMEN IN GOVERNMENT French law is the model for national statutory laws, except in Although in all seven countries women’s participation in polit- Cameroon, which in addition draws upon the English legal ical parties predates independence, women’s access to political tradition. Only the Constitution of Chad makes an explicit ref- power is a relatively recent phenomenon. Two of the most erence to custom in Articles 161to 163, which provide that cus- important catalysts to women’s political access were the Inter- tomary law is only applicable when the parties are willing to be national Women’s Year (1975) and the United