MINISTRY OF WOMEN AFFAIRS, MINISTRY OF WOMEN AFFAIRS, GENDER AND COMMUNITY GENDER AND COMMUNITY

DEVELOPMENTDEVELOPMENT

PRESENTATION PRESENTATION BY BY

CAROLINE MATIZHACAROLINE MATIZHA

Background and Introduction Background and Introduction to the Protocolto the Protocol

SADC Recognizes Gender Equality as a SADC Recognizes Gender Equality as a fundamental human right and an integral fundamental human right and an integral part of regional integration and economic part of regional integration and economic growth and Development.growth and Development.

The SADC Regional Indicative Strategic The SADC Regional Indicative Strategic Development Plan (RSDP) states the Development Plan (RSDP) states the importance of gender equality as a importance of gender equality as a

strategy towards strategy towards sustainablesustainable development.development.

In 1990 the SADC Council of Ministers In 1990 the SADC Council of Ministers mandated SADC Secretariat to mandated SADC Secretariat to explore explore ways to incorporate gender in ways to incorporate gender in the the SADC Program of Action.SADC Program of Action.

This culminated in the establishment of This culminated in the establishment of

the SADC Gender Unit in June 1996.the SADC Gender Unit in June 1996.

In September 1997 SADC Adopted the In September 1997 SADC Adopted the Declaration on Gender and Development.Declaration on Gender and Development.

The Declaration called on Member States The Declaration called on Member States to – address issues of women to – address issues of women participation in decision making reform participation in decision making reform of discriminating laws, women’s access of discriminating laws, women’s access to resources, girls education, GBV to resources, girls education, GBV among others.among others.

An analysis of the social, cultural and An analysis of the social, cultural and economic situation of the SADC region economic situation of the SADC region showed that Gender inequalities still showed that Gender inequalities still persist in all SADC countries.persist in all SADC countries.

In 2000, SADC Ministers for Gender In 2000, SADC Ministers for Gender called for the upgrading of the SADC called for the upgrading of the SADC Declaration into a protocol.Declaration into a protocol.

The Council of Ministers in August 2005 The Council of Ministers in August 2005 recommended to the Heads of State that the recommended to the Heads of State that the SADC Declaration be upgraded into a Protocol SADC Declaration be upgraded into a Protocol the most binding of the SADC instruments.the most binding of the SADC instruments.

Establishment of Regional Taskforce on the Establishment of Regional Taskforce on the Protocol consisting of Government and Protocol consisting of Government and regional NGOs to provide technical support regional NGOs to provide technical support and guidance to the process and strategic and guidance to the process and strategic advocacy and lobbying activitiesadvocacy and lobbying activities

Alliance on the ProtocolAlliance on the Protocol Technical round table of experts (legal Technical round table of experts (legal

and gender experts)and gender experts) Zero Draft of the Protocol 2006 Zero Draft of the Protocol 2006

From 2006 Regional and National From 2006 Regional and National Consultations on the Protocol.Consultations on the Protocol.

- 2007 Ministers for Gender and Ministers - 2007 Ministers for Gender and Ministers for Justice cleared the Protocol for for Justice cleared the Protocol for presentation to Summit.presentation to Summit.

Protocol was presented to the 2007 Protocol was presented to the 2007 Heads of State SummitHeads of State Summit

It was deferred because of the It was deferred because of the following reasons:following reasons:

1. Member states had not done adequate 1. Member states had not done adequate consultation on the Protocol.consultation on the Protocol.

2. There was need to harmonize some 2. There was need to harmonize some provisions of the Protocol with other provisions of the Protocol with other SADC Protocols already in place for SADC Protocols already in place for example Protocols on Health, example Protocols on Health, Education, Communication and Maseru Education, Communication and Maseru Declaration on HIV and Aids.Declaration on HIV and Aids.

3. Use of obligatory language; some 3. Use of obligatory language; some Member States felt that the language was Member States felt that the language was too prescriptive to be maintained at the too prescriptive to be maintained at the level of a protocollevel of a protocol

4. The provision on ‘socially excluded and 4. The provision on ‘socially excluded and marginalized groups’. concern was that marginalized groups’. concern was that this might be interpreted as including the this might be interpreted as including the rights of gays and lesbians and they rights of gays and lesbians and they were not willing to take this position.were not willing to take this position.

5. Marital rape was another contentious issue. 5. Marital rape was another contentious issue. While being recognised as an issue, there While being recognised as an issue, there was need to package the language in such a was need to package the language in such a way that it did not raise red flags when way that it did not raise red flags when presented in the Protocol.presented in the Protocol.

6. Rights of Cohabiting Couples were also 6. Rights of Cohabiting Couples were also problematic as there was concern that problematic as there was concern that recognition of these rights would tacitly recognition of these rights would tacitly include recognition of the rights of include recognition of the rights of cohabiting gays and lesbians.cohabiting gays and lesbians.

7. Constitutional Rights; Reference to the 7. Constitutional Rights; Reference to the

supremacy of the constitution above supremacy of the constitution above

cultural and religious rights was cultural and religious rights was contentious as some countries felt that contentious as some countries felt that their religions or culture had to have their religions or culture had to have supremacy over any constitutional rights supremacy over any constitutional rights that could be conferred on their citizensthat could be conferred on their citizens

After Summit, senior officials After Summit, senior officials responsible for Gender/Women Affairs responsible for Gender/Women Affairs and CSO met in Zambia from 10 – 12 and CSO met in Zambia from 10 – 12 December 2007. December 2007.

They deliberated a final draft for They deliberated a final draft for national consultations, focusing mainly national consultations, focusing mainly on contentious issues.on contentious issues.

National Consultations (14-15 April National Consultations (14-15 April 2008,Kadoma)2008,Kadoma)

Ministers for Gender Meeting (30 April Ministers for Gender Meeting (30 April 2008)2008)

Ministers for Justice Meeting (May 2008)Ministers for Justice Meeting (May 2008)

SUMMIT 2008SUMMIT 2008 Lobby delegation to summitLobby delegation to summit Discussion by Council of Ministers Discussion by Council of Ministers

(August 2008)(August 2008) Signing by Heads of State and Signing by Heads of State and

Government (17 August 2008)Government (17 August 2008) It will come into force when at least 2/3 of It will come into force when at least 2/3 of

member states ratifies.member states ratifies.

Ministry of Women Affairs, Gender and Ministry of Women Affairs, Gender and Community Development to initiate Community Development to initiate ratification.ratification.

SADC Gender Unit to call for a Regional SADC Gender Unit to call for a Regional meeting to map way forward on meeting to map way forward on ratification and implementation.ratification and implementation.

ConclusionConclusion

What are the Strength of the protocol?What are the Strength of the protocol? Legally bindingLegally binding Protocol will increase the pace and consistency of Protocol will increase the pace and consistency of

progress towards achieving gender equality in the progress towards achieving gender equality in the region.region.

Addresses emerging gender issues Addresses emerging gender issues Rationalizing all existing commitments.Rationalizing all existing commitments. Provides accountability and monitoring Provides accountability and monitoring

mechanisms – standard reporting framework for mechanisms – standard reporting framework for the region, agreed targets and indicators in the the region, agreed targets and indicators in the identified areas, annual reporting.identified areas, annual reporting.

THANK YOU.THANK YOU.