REPORT OF THE MEETING OF EXPERTS ON THE DRAFT PROTOCOL TO THE
AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON WOMEN IN
AFRICA
Held in Addis Ababa, Ethiopia on 12 – 16 November 2001
INTRODUCTION
1.
In conformity with the letter and spirit of Resolution AHG/Res.240 (XXXI) by which the Assembly of Heads
of State and Government of the OAU endorsed the recommendation of the African Commission on
Human and Peoples’ Rights on the elaboration of a Protocol on the Rights of Women in Africa, a meeting
of experts was held at Africa Hall in Addis Ababa, from 12 to 16 November 2001 to consider the said Draft
Protocol.
ATTENDANCE
2.
The following 44 Member States participated in the meeting: Algeria, Angola, Benin, Botswana, Burkina
Faso, Burundi, Cameroon, Cape Verde, Chad, The Congo, Cote d’Ivoire, The Democratic Republic of
Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Kenya, Lesotho,
Liberia, Libya, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda,
Sahrawi Arab Democratic Republic, Senegal, Sierra Leone, South Africa, The Sudan, Tanzania, Togo,
Tunisia, Uganda, Zambia and Zimbabwe.
OPENING CEREMONY
3.
The opening ceremony was presided over by Ambassador Vijay S. Makhan, Secretary-General a.i. of the
Organization of African Unity (OAU).
a)
Opening Statement of Ambassador Vijay S. Makhan, Secretary-General a.i. of the Organization of
African Unity
4.
In his opening statement, Ambassador Vijay S. Makhan on behalf of Mr Amara Essy, OAU SecretaryGeneral on mission to New York, welcomed the delegations present to Addis Ababa.
5.
He then stressed the importance of the place of the rights of women in the socio-political priorities of
Africa, formalized by the adoption in 1981 of the African Charter on Human and Peoples’ Rights by the
Heads of State and Government. That Charter actually confirmed the fundamental freedoms and the
rights of all African peoples without consideration for sex, race, religion, culture and other differences.
6.
Ambassador Makhan stressed that at the time when the OAU was entering the phase of its transformation
into the African Union, the challenge was to move from words to actions in order to ensure visibility and
access by women to organs of power and decision-making process both at the level of Member States
and the African Union. In order to facilitate equitable gender representation, he strongly encouraged
African women to take advantage of that transitional period to become more interested in the work of the
Union and its institutions. In those efforts, women should involve themselves and be involved more in the
formulation and revision of laws, policies and practices in order to make their full contribution to the
protection of human rights on the continent and particularly those of the girl child in today’s world of
uncertainties.
7.
Ambassador Makhan underscored the fact that the rights of women were human rights which should be
defended at the local, national, regional and continental levels and in all their ramifications. To that end,
he recalled the preponderant role of women in agriculture and food production while their place in the
decision-making process of their society remained marginal.
8.
In spite of that fact, Ambassador Makhan regretted the low consideration of the value of women in the
different national administrations and International Organizations including the OAU. That state of affairs
should be changed to ensure balance from all points of view between men and women. He pointed out
that the Draft Protocol to the Charter on the Rights of Women would henceforth enable African women
have the means, henceforth, to affirm themselves and articulate, daily, their rights and make all their
contributions to the mental and physical well-being, to the family life and stability.
9.
To conclude, Ambassador Vijay S. Makhan expressed confidence about the outcome of the meeting so
that the Protocol could easily follow its route until its final adoption by the Assembly of Heads of State and
Government.
b)
Statement of Dr Angela Melo, Special Rapporteur of the African Commission on Human and
Peoples’ Rights on the Rights of Women in Africa
10.
Taking the floor, Dr Angela Melo recalled the relevance of the Draft Protocol and the efforts made by the
African Commission on Human and Peoples’ Rights to make it relevant to the needs of African peoples in
general and African women in particular.
11.
Dr Angela Melo also recalled the different stages followed, from the seminar in Lomé in 1995 to the
preparatory meetings of Banjul (1998), Dakar and Kigali (1999) during which there was general
mobilization in favour of the rights of women. She thanked the different partners for their multifarious
contributions, for the drafting of the draft document. She commended the African Commission and
particularly Maitre Julienne Ondziel-Gnelenga, Former Special Rapporteur, for the efforts and sacrifices
made to draw up the Draft Protocol. Similar gratitude was reiterated to all the partners which had actively
contributed in that connection.
12.
To conclude, Dr Angela Melo appealed to all the Member States and the OAU to facilitate greater
involvement and participation of African women at all stages of the building of the African Union and to
speed up the process of the adoption of the Protocol.
ELECTION OFFICERS
13.
Ambassador Emmanuel Mendoume-Nze of the Gabonese Republic and Acting Dean of the African
Diplomatic Corps was then called upon to inform the meeting about the outcome of his consultations
carried out for the membership of the Bureau. On the basis of the outcome, the meeting elected the
following Officers: Chairman - Burkina Faso; 1st Vice-Chairman – Burundi; 2nd Vice-Chairman – Tunisia;
3rd Vice-Chairman – Malawi; Rapporteur - The Sudan.
14.
Ms Mariam Marie Gisele Guigma, Minister of the Promotion of Women of Burkina Faso, Chairperson,
thanked the Member States for the trust place in her and her country to conduct the deliberations of the
meeting. She stated that she relied on the cooperation of all the delegations with her and her Bureau to
achieve the expected results. She proposed the methodology to be followed that is the consideration of
the Preamble first and then the Articles, one by one. She specified that only experts or representatives of
Member States could intervene in the deliberations.
15.
The Chairperson recalled that the consideration of the document by the Experts and the Representatives
of the Member States was only one stage of the process for the adoption of the Draft Protocol. The Draft
Protocol would be submitted to the appropriate Ministers before submitting it to the OAU decision-making
organs that is the Council of Ministers and the Summit.
16.
All the delegations expressed their solidarity with the Algerian people following the serious floods over the
past days which caused great loss of life and substantial material damage. The Algerian delegation
thanked all the delegations for such expression of sympathy.
ADOPTION OF THE AGENDA
…
ORGANIZATION OF WORK
…
CONSIDERATION OF THE DRAFT PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’
RIGHTS ON THE RIGHTS OF WOMEN
19.
The Experts considered the Draft Protocol, article by article and paragraph by paragraph.
Preamble
20.
Proposals were made by many delegations to supplement and improve the Preamble.
21.
Paragraphs 1 to 4 were adopted without amendment.
22.
Paragraph 5 was adopted with the following amendments:
a) include a reference to the African Charter on the Rights and Welfare of the Child;
b) remove the comma between the words “human” and “inalienable” in the French version;
23.
24.
25.
The Mozambican delegation noted some errors in the Portugese version and requested that they be
corrected. He mentioned in particular that the term “inter-governmental conventions” had been used
instead of “international conventions.”
Paragraph 6 was adopted without amendments.
On paragraph 7, it was agreed that the full titles and dates of the documents adopted in Dakar and Beijing
be included. The new formulation for this paragraph is as follows:
“FURTHER NOTING that the Dakar Plan of Action of 1994 and the Programme of Action and the Beijing
Declaration of 1995 call on…..”
26.
27.
28.
Regarding paragraph 8, it was decided to remove the words “and other” before the word “Convention”,
and to add thereafter “other Regional and Sub-Regional Instruments”.
Paragraph 9 was adopted without amendment.
Paragraph 10 was adopted with an amendment removing the term “emotional”. This paragraph was split
into two, giving rise to paragraph 11 which starts with the word “DETERMINED”.
Article 1 : Definitions
29.
Sub-paragraphs (a) to (d) were adopted without amendment.
30.
On sub-paragraphs (e), it was decided to add the adjective “little” before the word “girls” (in the French
text). The expression “right to health” will now include “right to education” and “right to dignity”.
31.
In sub-paragraph (h) the following corrections were agreed upon: “perpetrated”, “economic”, “to
undertake”, in situations of armed conflicts “or of war”. (the newly included words have been underlined).
32.
It was agreed to add the definition (i) of the word “women” to include girls.
Article 2 : Elimination of Discrimination Against Women
33.
It was decided to amend paragraph 1 as follows…”through appropriate legislative, institutional and other
measures.”
34.
In sub-paragraph (a) it was agreed to include the expression “if not already done” after the word
“legislative.”
35.
Paragraph (b) was reformulated as follows: “enact and effectively implement appropriate legislative and
regulatory measures, including prohibiting and combating all forms of discrimination and harmful practices which
endanger the health and general well-being of women and girls.”
36.
On sub-paragraph (c) it was decided to include the word “programmes” after the term “plans.”
Regarding sub-paragraph (d) it was agreed to insert the term “corrective and” between the words “take” and
“positive.”
37.
Sub-paragraph (b) of paragraph 2 was incorporated into paragraph 1 to form sub-paragraph (e). It starts
with the term “support the” instead of “support to.”
38.
Paragraph 2 as amended as follows:
c) insert the expression “commit themselves to modify” instead of “modify”;
d) remove the phrase “specific actions such as”;
e) incorporate sub-paragraph (a) into the heading;
f) include between the words “public” and “with and view” the expression “through information,
education and communication strategies.”
Article 3 : Respect for Dignity
39.
In the opening paragraph, the principles referred to were listed in the following order: principles of
equality, peace, freedom, dignity, justice, solidarity and democracy.
40.
In sub-paragraph (a) it was agreed to include the expression “and little girls” after the word “women” (in
the French text).
41.
In sub-paragraph (b), it was decided to add the expression “and to implement” after the verb “adopt” and
“little girls” at the end of the sentence.
Article 4 : Right to Physical and Emotional Security
Article 5 : Elimination of Violence Against Women
42.
After a lengthy debate on these two articles, the meeting decided because of the overlap in their
coverage, to merge them into one article entitled:
Article 4 : The Rights to Life, Integrity and Security of Person
43.
Paragraph 1 of this new Article 4 was amended to read as follows: “Every woman and girl shall be
entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel,
inhuman or degrading punishment and treatment shall be prohibited.”
44.
Paragraph 2 of the new Article 4 was amended to read as follows:
“State Parties shall take appropriate and effective measures to:
c) enact and enforce laws to prohibit all forms of violence against women and girls whether the
violence takes place in the private or public sphere;
d) adopt such other legislative, administrative, social and economic measures as may be
necessary to ensure the prevention, punishment and eradication of all forms of violence against
women and girls;
e) identify the causes and consequences of violence against women and take appropriate
measures to prevent and eliminate such violence;
f) actively promote peace education through curricula and social communication in order to
eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimize
and exacerbate the persistence and tolerance of violence against women and girls;
g) punish the perpetrators of violence against women and implement programmes for the
rehabilitation of women victims;
h) establish mechanisms and accessible services for effective information, rehabilitation and
reparation for victims of violence against women and girls;
i) prevent and prosecute perpetrators of trafficking in women and girls and protect those women
and girls most at risk of such trafficking;
j) protect women from gender-based violence during situation of armed conflict and war and
ensure that such violence is treated and prosecuted as war crimes and/or crimes against
humanity;
k) respect and ensure respect for the provisions of the international humanitarian law applicable to
situations of armed conflicts that affect the civilian population in general and women in
particular;
l) protect asylum seeking, refugee, returnee, internally displaced women and girls against all forms
of violence, abuse, rape and other forms of sexual exploitation, and ensure that women asylum
seekers enjoy equal access with men to refugee status, determination procedures and women
refugees shall be accorded the full protection and benefits guaranteed under international law,
including their own identity and other documents;
m) prohibit all medical or scientific experiments on women and girls without their informed consent;
n) make adequate budgetary allocations for the implementation and monitoring of actions aimed at
preventing and eradicating violence against women;
o) in those countries where the death penalty still exists, not to carry out death sentences on
pregnant and nursing women and girls.”
Article 6 : Elimination of Harmful Practices
45.
Article 6 was reformulated as follows:
“State Parties shall condemn all forms of harmful practices which affect the fundamental human rights of women
and girls and which are contrary to recognized international standards, and therefore commit themselves, inter-alia,
to:
p) create public awareness in all sectors of society regarding harmful practices through
information, formal and informal education, communication and outreach programmes;
q) prohibit the medicalisation and para-medicalisation of female genital mutilation, scarification and
all other practices and all other forms of violence against women in order to effect a total
elimination of such practices;
r) provide the necessary support to victims of harmful practices through basic services such as
professional health services, emotional and psychological counseling, and skills training aimed
at making them self-supporting;
s) protect those women and girls who are at risk of being subjected to harmful practices and all
other forms of violence, abuse and intolerance.”
Article 7 : Marriage
46.
The second sentence of the introductory statement was amended as follows: “State parties shall enact
appropriate national legislative measures to guarantee that:”
Article 7 (a)
47.
This article was adopted with amendments to read as follows: “no marriage shall take place without the
free will of both parties.”
Article 7 (b)
48. With regard to this clause, some delegations expressed concern that 18 years of age was contradictory
with their national legislation in force. At the end of the debate, there was a general consensus that there
was a need for harmonization of national laws to recognize 18 years as the age of majority, with particular
reference to the African Charter on the Rights and Welfare of the Child and the UN Convention of the
Rights of the Child to which the majority of OAU Member States are signatories. The sub-article was
amended to delete the word “and men” and should read as follows: “the minimum age of marriage for
women shall be 18 years.”
Article 7 (c)
49. This sub-article attracted a very lengthy debate and several proposals were raised on the floor about it.
Some delegations held the view that monogamy should be the only legal form of marriage and that
polygamy should be prohibited. Some other delegations held the view that polygamy should be optional.
Other delegations were of the view that the absolute prohibition of polygamy was not acceptable in their
national legislation and practice and therefore, polygamy should be an option but based on mutual
consent. These delegations stated that it was necessary to accommodate the existing polygamous
situations, in which cases the rights and welfare of women should be guaranteed and protected and that
State Parties should adopt measures to progressively eliminate the polygamous practice. At the end of
the debate, no consensus was reached. However, three possible formulations were bracketed for further
discussions:
Option 1
Option 2 -
-
[polygamy shall be prohibited]
[they adopt the appropriate measures in order to recognize monogamy as the sole
legal form of marriage. However in existing polygamous situations, State Parties shall
commit themselves to guarantee and protect the rights and welfare of women].
Option 3
-
(SEE FRENCH)
Article 7 (d)
50. This sub-article was adopted with one amendment, which was to delete the phrases “where possible” and
“as soon as possible.”
Article 7 (e)
51.
This sub-article was amended to read as follows: “the husband and wife shall by mutual agreement
choose their marital regime and place of residence.”
Article 7 (f)
52.
This article was amended by deleting the second half of the sentence starting with “by mutual
agreement…” and ending with “of their fathers.”
Article 7 (g)
53. Some delegations favoured the inclusion of the rights of married woman to transmit her nationally to her
husband and children while other delegations were against it. At the end, there was a consensus to
formulate the sub article as follows:
(SEE FRENCH)
54.
“………………….”
The delegations of Algeria, Egypt, Libya and Sudan expressed their reservations on this sub-article,
regarding the wording: “transfer her nationality to her children by mutual consent.”
Article 7 (h)
55.
The sub-article was amended to read as follows: “a man and a woman shall jointly contribute to
safeguarding the interests of the family, protecting and educating their children.”
Article 7 (i)
56.
The sub-article was amended to read as follows: “during her marriage the women shall have the right to
acquire her own property and to administer and manage it freely.”
Article 8 : Separation and Termination of Marriage
57.
The title of the article was amended as follows: “separation, divorce and annulment of marriage.”
58.
The introductory sentence was amended to read as follows: “State Parties shall enact appropriate
national legislative measures to ensure that men and women enjoy the same rights in case of separation,
divorce and annulment of marriage. In this regard, they shall ensure that:”
Article 8 (a)
59.
This sub-article was amended to read as follows: “separation, divorce and annulment of a marriage shall
be effected by judicial order.”
60.
The delegations of Egypt, Libya and Sudan entered their reservations on this sub-article, suggesting the
deletion of the word “divorce.”
Article 8 (b)
61.
This sub-article was amended to read as follows: “women and men shall have the same rights to seek
separation, divorce or annulment of a marriage.”
Article 8 (c) and (d)
62.
The two sub-articles were examined together by the meeting. Some delegations were of the view that
the two sub-articles should be merged while others proposed to separate the two issues of children and
property.
63.
After a lengthy exchange of views on the two options, the meeting decided to retain the two sub-articles
(c) and (d), one dealing with the children and the other dealing with property.
64.
Sub-article 3 was reformulated as follows: in case of divorce, annulment of marriage or separation, men
and women shall have the same reciprocal rights and responsibilities towards their children. In any case, the
interests of the children shall be given paramount importance;
65.
Sub-article (d) was reformulated as follows: in case of divorce, annulment of marriage men and women
shall have the same rights to an equitable sharing of the joint property deriving from the marriage.
66.
The delegations of Algeria, Egypt, Libya and Sudan entered their reservations on the above sub article
(d) about the word “same.” They indicated that they could have agreed to join the consensus if that word was
replaced in sub-articles (c) and (d) by the word “complementary.”
Article 9 : Right to Information and Legal Aid
67.
The introductory sentence was adopted without amendment.
Article 9 (a)
68.
This sub-article was amended to read as follows: “take all administrative and appropriate measures to
ensure equal access of women to legal aid services.”
Article 9 (b)
69.
This sub-article was adopted without amendment.
Article 9 (c)
70.
This sub-article was amended to read as follows: “set up adequate structures including appropriate
educational structures for all social strata with particular attention to women and sensitize and inform them of the
rights of women and girls.”
Article 9 (d) (new)
71.
An additional clause was added as a sub-article (d) which should read as follows: “ensure that law
enforcement organs at all levels are aware of gender equality and women’s human rights and shall enforce the
law in a gender responsive manner.”
Article 10 : Right to Participation in the Political Process and Decision-Making
72.
Paragraph 1 of Article 10 was amended in French to delete the word “plus grande.”
Article 10.1 (a)
73.
This sub-article was adopted without amendment.
Article 10.1 (b)
74.
This sub-article was adopted without amendment.
Article 10.1 (c)
75.
This sub-article was amended to read as follows: “women are equal partners with men at all levels of
development and implementation of state policies and development programmes.”
76.
Paragraph 2 of Article 10 was amended to read as follows: “State Parties shall ensure women’s
increased, significant and effective representation and participation at all levels of decision-making.”
Article 11 : Right of Peace
77.
Paragraph 1 of Article 11 was amended to read as follows: “women have the right to a peaceful
existence and the right to participate in the promotion and maintenance of peace.”
78.
Paragraph 2 of Article 11 was amended to read as follows: “State Parties shall take all appropriate
measures to ensure the increased participation of women.”
Article 11.2 (a)
79.
This sub-article was adopted without amendment.
Article 11.2 (b)
80.
This sub-article was amended to read as follows: “in the structures and processes for conflict prevention,
management and resolution at local, national, regional, continental and international levels.”
Article 11.2 (c)
81.
This sub-article was amended to read as follows: “in the local, national, sub-regional, regional,
continental and international decision-making structures to ensure physical, psychological, social and legal
protection of asylum seekers, refugees, returnees and displaced persons, in particular women.”
Article 11.2 (d)
82.
This sub-article was adopted without amendment.
83.
Paragraph 3 of Article 11 was amended to read as follows: “State Parties shall take the necessary
measures to reduce military expenditure significantly in favour of spending on social development in general,
and the promotion of women in particular.”
84.
Paragraph 4 of Article 11 was amended to read as follows: “State Parties shall take special measures in
accordance with international humanitarian law to ensure.”
Article 11.4 (a)
85.
This sub-article was adopted without amendment.
Article 11.4 (b)
86.
This sub-article was amended to read as follows: “effective protection of asylum seekers, refugees,
returnees and displaced persons, particularly women and girls.”
Article 11.4 (c) – (new)
87.
An additional paragraph was included to read as follows: “full and equal participation in all aspects of
planning, formulation and implementation of post conflict reconstruction and rehabilitation.”
Article 12 : Right to Education and Training
88.
Paragraph 1 of Article 12 was adopted without amendment.
Article 12.1 (a)
89.
This sub-article was adopted without amendment.
Article 12.1 (b)
90.
This sub-article was adopted without amendment.
Article 12.1 (c) – (new)
91.
An additional clause was added to read as follows: “protect the girl child from all forms of abuse,
including sexual harassment in schools.”
92.
Paragraph 2 of Article 12 was adopted without amendment.
Article 12.2 (a)
93.
This sub-article was adopted without amendment.
Article 12.2 (b)
94.
This sub-article was adopted without amendment.
Article 12.2 (c)
95.
This sub-article was amended to read as follows: “promote the enrolment and retention of girls in
schools cycle and other training institutions, and the organization of programmes for women and girls who leave
school prematurely.”
Article 13 : Economic and Social Welfare Rights
96.
The introductory statement was amended to read as follows: “State Parties shall adopt legislative and
other measures to guarantee women equal opportunities to work. In this respect they shall”:
Article 13 (a)
97.
This sub-article was adopted without amendment.
Article 13 (b)
98.
This sub-article was adopted without amendment.
Article 13 (c)
99.
This sub-article was amended to read as follows: “ensure transparency in recruitment, promotion and
dismissal of women and to combat and punish sexual harassment in the work place.”
Article 13 (d)
100.
This sub-article was amended to read as follows: “allow women freedom to choose their occupation, and
protect them from exploitation by their employers violating and exploiting their fundamental rights as recognized
and guaranteed by Conventions, laws and regulations in force.”
Article 13 (e)
101.
This sub-article was amended to read as follows: “create conditions to promote and support the
occupations and economic activities of women, in particular within the informal sector.”
Article 13 (f)
102.
This sub-article was amended to read as follows: “set up a system of protection and social insurance for
women working in the informal sector of the economy and sensitize them to adhere to it.”
Article 13 (g)
103.
This sub-article was amended to read as follows: “introduce a minimum age of work prohibit children
below that age from working and prohibit, combat and punish all forms of exploitation of children, especially, the
girl-child.”
Article 13 (h)
104.
This sub-article was adopted without amendment.
Article 13 (i)
105.
This sub-article was amended to read as follows: “guarantee adequate and paid pre and post-natal
maternity leave in both the private and public sectors.”
Article 13 (j)
106.
This sub-article was adopted without amendment.
Article 13 (k)
107.
This sub-article was adopted with a slight amendment.
Article 13 (l)
108. The Secretariat was requested to harmonize the proposed text with Article 20 of the African Charter on the
Rights and Welfare of the Child. Accordingly, the sub-article was amended to read as follows: “recognize
that both parents bear the primary responsibility of upbringing and development of children and that this is
a social function for which the state and the private sector take responsibility.”
Article 13 (m) – (new)
109. Upon the proposal of the delegation of the Sudan, the following additional sub-article was approved: “take
effective legislative and administrative measures to prevent the exploitation and misuse of women in
advertising practices.”
Article 14 : Health and Reproductive Rights
Article 14.1
110.
Article 14.1 was adopted with amendments to read as follows: “State Parties shall ensure that the right
to health of women, including reproductive health, is respected and promoted. This includes:”
Article 14.1 (a)
111.
This sub-article was adopted without amendment.
Article 14.1 (b) and (c)
112. There were proposals that sub-article “b” and “c” should be merged. At the end of the debate, the meeting
decided to merge the two sub-articles “b” and “c” which should read as follows: “the right to decide
whether to have children, the number of children and the spacing of children.”
113.
The delegations of Libya, Mali, Senegal, Sudan and Togo entered reservations on this sub-article.
Article 14.1 (d)
114.
The wording of this sub-article was amended in French.
Article 14.1 (e)
115.
The sub-article was amended to read as follows: “the right to self protect and be protected against
sexually transmitted infections, including HIV/AIDS.”
Article 14.1 (f)
116.
The sub-article was amended to read as follows: “the right to be informed on one’s health status and on
the health status of one’s partner, particularly if affected with sexually transmitted infections, including
HIV/AIDS.”
Article 14.1 (g) – (new)
117.
A new sub-article 14.1 (g) was introduced which reads as follows: “the right to have family planning
education.”
Article 14.2
118.
The introductory statement was adopted without amendment.
Article 14.2 (a)
119.
The sub-article was amended to read as follows: “provide adequate, affordable and accessible health
services, including information, education and communication programmes to women especially those in rural
areas.”
Article 14.2 (b)
120.
The sub-article was adopted without amendment.
Article 14.2 (c)
121.
The sub-article was amended to read as follows: “protect the reproductive rights of women particularly
by authorizing medical abortion in cases of sexual assault, rape and incest.”
122.
The delegation of Senegal entered reservations on this sub-article.
Article 15 : Right to Food Security
123.
Article 15 was adopted without amendment.
Article 16 : Right to Adequate Housing
124.
Article 16 was adopted without amendment.
Article 17 : Right to Positive Cultural Context
Article 17.1
125.
This sub-article was adopted without amendment.
Article 17.2
126.
This sub-article was amended to read as follows: “State Parties shall take all appropriate measures to
enhance the participation of women in the formulation of cultural policies at all levels.”
Article 18 : Right to a Healthy and Sustainable Environment
Article 18.1
127.
This sub-article was adopted without amendment.
Article 18.2 (a)
128.
This sub-article was adopted with amendments to read as follows: “ensure a greater participation of
women in the planning, management and preservation of the environment at all levels.”
Article 18.2 (b)
129.
This sub-article was amended to read as follows: “promote research into new and renewable energy
sources and facilitate women’s access to them”
Article 18.2 (c)
130.
This sub-article was adopted without amendment.
Article 18.2 (d)
131.
This sub-article was amended to read as follows: “ensure that proper standards are followed for the
storage, transportation and disposal of toxic waste.”
Article 19 : Right to Sustainable Development
132. It was agreed to merge sub-articles 1 and 2 in order to have a single introductory statement as follows:
“Women shall have the right to enjoy their right to sustainable development. In this connection, the State
Parties shall take all appropriate measures to …”
134.
A new sub-article (a) was suggested to the meeting which was accepted and reads as follows:
“introduce the gender issue and the national development planning procedures.”
135.
Former sub-article 19(a) which becomes sub-article (b) was amended as follows: “ensure participation of
women at all levels in the conceptualization, decision-making, implementation and evaluation of development
policies and programmes”.
136.
Former sub-article 19 (b) which becomes 19 (c) was amended as follows: “promote women’s access to
and control over productive resources such as land and guarantee their right to property.”
137.
Former sub-article 19 (c) which becomes 19 (d) was amended as follows: “promote women’s access to
credit, training, skills development and extension services at rural and urban levels in order to provide women
with a quality of life and reduce the level of poverty among women.”
138.
Former sub-article 19 (d) which becomes 19 (e) was adopted without amendment.
139.
Former sub-article 19 (e) which becomes 19 (f) was amended as follows: “ensure that the negative
effects of globalization and any adverse effects of the implementation of trade and economic policies and
programmes be reduced to the minimum for women.”
Article 20 : Widow’s Rights
140.
All those who took the floor recognized the right of the widow to become de facto guardian of her
children on condition that it was not contrary to the interest and welfare of the children.
141.
The introductory sentence was amended as follows: “State Parties shall take appropriate legal measures
to ensure that the widow enjoy all human rights through the implementation of the following provisions”:
Article 20 (a)
142.
Sub-paragraph (a) was amended as follows: “prohibit that widows be subjected to inhuman, humiliating
and/or degrading treatment.”
Article 20 (b)
143.
Sub-article (b) was amended as follows: “widows shall become, de facto, the guardians and custodians
of their children, after the death of their husband, taking due account of the interests of the children.”
144.
The delegations of Malawi, Nigeria and Zimbabwe entered their reservations on the word “de facto.”
Article 20 (c)
145.
Sub-article (c) was amended as follows: “widows shall have the right to marry the person of their
choice.”
Article 21 : Right to Inheritance
146.
The speakers discussed the issue of inheritance of property of the deceased surviving spouse and
children. It was agreed that surviving spouse and the children would have the right to inherit the property of the
deceased and that the children would have an equitable inheritance right, notwithstanding their sex.
147.
This article was therefore recast to read as follows: “the widow shall have the right to an equitable share
in the inheritance of the property of her husband. The widow shall have the right to continue to live in the
matrimonial house, whatever be the matrimonial regime. However, she shall lose that right in the event of
remarriage.”
“women and girls shall have the same rights as men and boys to inherit, in equitable shares, their parents’
properties.”
148.
The delegation of Egypt entered reservations on the first sentence of the article.
149.
The delegations of Burkina Faso and Nigeria entered reservations on the sentence regarding the
provision limiting rights in the event of remarriage.
Article 22 : Special Protection of Elderly Women and Women with Disability
150.
After a brief exchange of views, the meeting agreed to split the articles into two parts, one dealing with
elderly women and other on women with disability and to include state responsibility in this regard.
“State Parties shall undertake to:
x) provide protection to elderly women, poor women and women head of families and take specific
measures commensurate with their physical, economic and social needs;
y) provide protection to women with disabilities and take specific measures commensurate with
their physical, economic and social needs as well as their access to employment and
professional training.”
Article 23 (new) : Monitoring
151.
Upon the proposal of two delegations, the meeting discussed the possible inclusion of a new article
dealing with monitoring, which reads as follows:
[“State Parties shall ensure the implementation of this protocol at national level and give a report as part of the
report submitted under article 62 of the African Charter, stating the measures undertaken for the full realization of
the rights contained and recognized by this Protocol.
State Parties to the Protocol shall ensure:
z) that any person whose rights or freedoms as herein recognized are violated, shall have an
effective remedy; and
aa) that any person claiming such a remedy shall have her right thereto determined by competent
judicial, administrative or legislative authorities, or by any other competent authority provided for
by the legal system of the State.”]
152.
The meeting could not obtain a consensus on this proposal. It decided to put the proposal under
brackets for further consideration.
Article 23 : Interpretation
153.
Some members requested to know how the African Court could interpret the Protocol since it had not yet
been established. Members were informed that, pending the establishment of the African Court, the African
Commission on Human and Peoples’ Rights was mandated to interpret the Protocol.
154.
This Article was then adopted.
Article 24 : Signature, Ratification and Accession
155.
This Article was adopted without amendment.
Article 25 : Entry into Force
156.
This Article was adopted without amendment.
Article 26 : Amendment and Revision
157.
Sub-article 5 of this article was put under brackets for further consideration.
[the Commission may also, through the Secretary-General of the OAU, propose amendments to the Protocol.]
Article 27 : Status of the Present Protocol
158.
This article was adopted without amendment.
MINUTES OF THE 27 MAY, 1999 MEETING OF THE IN-HOUSE CONSULTATIVE GROUP ON REVISION OF
THE 1968 AFRICAN CONVENTION ON NATURE AND NATURAL RESOURCES
Present:Prof. C.A.L. Johnson
Mr Ben Kioko
Dr Mohamed Halfani
Ms Theresa Agyekum-Obeng
Absent:Dr Edward Clinton
Dr John Tesha
The second meeting of the In-House Consultative Group on the revision of the 1968 African Convention on the
Conservation of Nature and Natural Resources was held on 27 May 1999 in the office of the Director of ESCAS
Department and Chairman of the Group, Prof. C.A.L. Johnson.
The meeting started with a review and adoption of the minutes from the Group’s first meeting held on 4 th August
1998. This was followed by a discussion of the Group’s objectives. The Group’s objectives as established at the
creation of the Group, were determined to be:
To review the 1968 African Convention on Nature and Natural Resources with a view to revise it, taking into
account the international developments/agreements, and changes that have occurred in the field of international
environmental law since the adoption of the African Convention in 1968, and to update/align it with the relevant,
new international environmental conventions and treaties.
A report, “Developments in International Environmental Agreements 1960-1990s”, prepared by Ms Theresa
Agyekum-Obeng, a Consultant with the Environment Division, identified the major environmental developments
of the period, as well as Conventions and Agreements which have come into force since the adoption of the
African Convention in 1968. Ms Obeng was commended for the good work she did on the report.
It was noted that there was an attempt in 1983 to revise/update the 1968 Convention and from information in the
files, the Group was briefed on the mode of operation used in the earlier revision attempt as follows. The OAU
General Secretariat convened a meeting of Experts which consisted of technical experts from the UN
International Union for Conservation (IUCN), the Commission on Environmental Policy, Law and Administration
to prepare a draft amendment proposal for the Convention. The draft amendments and the proposed new
version of the Convention were presented to the OAU Council of Ministers in 1986. After deliberations, the
Council resolved that the Secretary-General should distribute the text to contracting parties for their review and
approval. It appears that distribution of the text was not completed and that the effort to revise that Convention
came to an end at that point.
The Group concurred that since that revision effort was undertaken in 1983/84, fifteen years ago, it was
appropriate and necessary to start the revision process all over again taking recent developments in the
environmental field into account. However, it was decided that it would be beneficial to find out what (if any)
action was taken on this earlier revision, in the Secretary-General’s 1988 Resolution. Mr Ben Kioko of the Legal
Division offered to look up this information.
Ms Obeng briefed the Group on the procedural requirements for initiating a revision of the Convention as stated
in Articles XXIV (1)(2):
Art. XXIV(1):
“After the expiry of a period of five years from the date of entry into force of this Convention, any contracting
state may at any time make a request for the revision of part or the whole of this Convention by notification in
writing addressed to the Administrative Secretary-General.”
This request for revision has been made by the Government of Burkina Faso, a contracting state. Art. XXIV(2)
states inter-alia:
“In the event of such a request, the appropriate organ of the Organization of African Unity shall deal with the
matter in accordance with the provisions of Section 3 of Article XIV of this Convention.”
Article XVI(3) of the Convention states that:
“If so requested by contracting states, the Organization of African Unity shall organize a meeting which may be
necessary to dispose of any matters covered by this Convention. Requests for such meetings must be made by
at least three of the contracting states and be approved by two-thirds of the states which it is proposed should
participate in such meetings.”
In accordance with these provisions, a note verbale has been prepared to OAU Member States requesting
support and approval of Burkina Faso’s request. The Group decided that the note verbale should be sent out
immediately to Member States’ Ministries of Foreign/External Affairs, as well as all Embassies of Member States
accredited to Ethiopia.
The Group discussed and debated what the scope, objectives and mode of operation of the revision should be.
It was agreed that although the goal of the revision project is to update the thirty year old Convention to include
conservation and environmental concepts which have gained prominence or have come into being since 1968,
care should be taken not to try and include all environmental issues in this one Convention.
Ms Obeng was asked to prepare the scope for this revision project for consideration by the Group.