Equality is central to the achievement of all that goes with
the Beijing Platform for Action. Gender equality is proclaimed
with increasing vehemence in every new global declaration.
Yet women remain the majority of the poor; of the unemployed;
of the dispossessed; of those whose bodies are flagrantly
violated. Why is this so?
First, despite all the hue and cry since the first world
conference on women in Mexico, blatant discrimination against
women continues to be practiced in many countries. Six African
countries have not ratified the Convention for the Elimination
of All Forms of Discrimination Against Women (CEDAW). Seven
have expressed reservations. As the summary shadow NGO report
to the Sixth Africa Regional Conference on Women points out:
"these reservations all relate to the basic principles of
the Convention such as non discrimination against women and
family laws."
Second, in most African countries, modern legislative reform
exists side by side with customary law. Some constitutions
make it clear that where there is a conflict between the two,
codified law takes precedence. All very well in theory. But
how many African widows being dispossessed of their belongings
have the knowledge or means to invoke the constitution? And
how many African women would challenge the practice of bride
price, at the risk of their marriages not being validated
by their families?
Fourth, and related to this, despite all the awareness raised
by the world conferences, the violation of women's rights
is still not regarded as a serious issue. Bank robberies get
more news coverage than rape. In South Africa, a high court
judge recently caused an uproar when he gave a light sentence
to a man guilty of raping his daughter because this did not
pose a threat to the broader community! It is only recently
that rape has been recognised as a deliberate tool of war.
And within months, we have seen an escalation in gender-based
violence in all world conflicts!
Finally - and this is inherent to the western world's understanding
of rights - we invariably view rights in terms of opportunity,
rather than outcome with the result that we end up with paper
rights. Thus, for example, many African countries theoretically
afford women equal access to land. Yet in reality women on
the continent have title to a minute fraction of the continent's
surface because no special measures are taken to overcome
the cultural, institutional and other barriers to them accessing
land. There is a growing movement, particularly in civil society,
arguing for the recognition of social and economic rights
as integral to, and indivisible from, human rights. This movement
is one we should latch onto.
It is good news that there is now a protocol on Women's
Rights to the Africa Charter on Human and Peoples Rights.
Yet the Charter itself refers to "his country", "his continent"
and the heritage of "mankind". I am not sure what the difference
is between human and peoples rights. But maybe we need to
advocate for an African Charter on Human and Women's Rights.
Because, unfortunately, there is still a difference between
these two.
Colleen Lowe Morna was a participant
in a UN Expert Group meeting on post Beijing challenges held
in Beirut from 8-10 November. This is the last in a four part
series drawn from the discussions at the Beirut meeting around
the themes of equality, peace and development.
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