GUIDELINES
for state reporting under the Protocol to the African Charter on
Human and Peoples’ Rights on the
RIGHTS OF WOMEN IN AFRICA
DIRECTIVES
pour la présentation du rapport d’État aux termes du Protocole à la Charte
africaine des droits de l’homme et des peuples relatif aux
DROITS DES FEMMES EN AFRIQUE
ORIENTAÇÕES
sobre os relatórios a apresentar pelos Estados no âmbito do Protocolo à Carta
Africana dos Direitos do Homem e dos Povos relativos aos
DIREITOS DA MULHER EM ÁFRICA
موجهات إعدادالتقارير الرسمية المتعلقة ببروتوكول حقوق المرأة
بالميثاق اإلفريقي لحقوق اإلنسان
African Commission on Human and Peoples’ Rights
Commission Africaine des Droits de l’Homme et des Peuples
Comissão Africana dos Direitos Humanos e dos Povos
اللجنة األفريقية لحقوق اإلنسان والشعوب
Title:
Guidelines for state reporting under the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa
Directives pour la présentation du rapport d’État aux termes du Protocole à
la Charte africaine des droits de l’homme et des peuples relatif aux droits des
femmes en Afrique
Orientações sobre os relatórios a apresentar pelos Estados no âmbito do
Protocolo à Carta Africana dos Direitos do Homem e dos Povos relativos aos
Direitos da Mulher em África
موجهات إعدادالتقارير الرسمية المتعلقة ببروتوكول حقوق المرأة بالميثاق اإلفريقي لحقوق اإلنسان
Published by:
Centre for Human Rights, University of Pretoria
The Centre for Human Rights Faculty of Law, University of Pretoria is both an academic department and a non-governmental organisation. The Centre works towards human rights education
in Africa, a greater awareness of human rights, the wide dissemination of publications on human
rights in Africa, and the improvement of the rights of women, people living with HIV, indigenous
peoples, sexual minorities, persons with disabilities and other disadvantaged or marginalised
persons or groups across the continent.
For more information on the Centre, see www.chr.up.ac.za
Printed and bound by:
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Published with the financial support of the Norwegian Embassy, Pretoria, South Africa
Layout and cover design:
Yolanda Booyzen, Centre for Human Rights
© 2016
Printed in the Republic of South Africa
Published by the Centre for Human Rights
Faculty of Law
University of Pretoria
Pretoria
South Africa
GUIDELINES
for state reporting under the Protocol to the African
Charter on Human and Peoples’ Rights on the
RIGHTS OF WOMEN IN AFRICA
Guidelines for state reporting
4
Guidelines for state reporting under the Protocol to
the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa
Pursuant to article 26 of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (the Protocol), read together with article
62 of the African Charter on Human and Peoples’ Rights (the African Charter), each
state party to the Protocol has agreed to submit every two years, from the day the
Protocol comes into force, a report on the legislative, judicial, administrative and
other measures taken with a view to ensure full realisation of the rights and freedoms
contained in the Protocol.
A state party to the African Charter and the Protocol must submit its report in
two parts: Part A, dealing with the rights in the African Charter, and Part B, dealing
with the rights in the Protocol. A state’s first report under Part B must, preferably, not
exceed 50 pages and subsequent reports should not exceed 30 pages.
Did you know?
These guidelines were issued in 2009 by the African Commission on Human and
Peoples Rights.
In the preparation of Part B, state parties should follow the following guidelines:
Initial reports
When states report for the first time under the Protocol, they must provide the
following:
i. Process of preparation
To what extent was civil society, in particular individuals and organisations working
on gender issues, involved in the preparation of the report?
ii. Background information
•
•
A brief description of the state’s overall legal framework as it relates to women’s
rights (such as the Constitution, other laws, policies and programmes).
An explanation as to whether the Protocol is directly applicable before national
courts or if it has to be incorporated into domestic law. Information on whether in
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
•
•
practice the provisions of the Protocol have been invoked before national courts
and tribunals (with some examples of the most important cases).
If the State has entered any reservations to the Protocol, it should provide an
explanation indicating the effect of the reservations (if any) on the enjoyment of
the rights protected by the Protocol. The State should indicate how much time is
needed before it can lift its reservations or give an estimate of the time.
A brief description of state institutions, if any, relevant to the Protocol and information on their budgetary allocation.
• General information on gender budgeting.
• Information on gender mainstreaming, including any policy and capacitybuilding efforts.
• Information on any gender audit of laws or legal reform efforts undertaken
from a gender perspective (attach relevant documents).
Did you know?
According to Article 1 of the Protocol to the African Charter on Human and
Peoples Rights on the Rights of Women, ‘women’ is defined as persons of the
female gender including girls.
iii. Specific provisions of the Protocol
In respect of each of the provisions of the Protocol (which have been thematically
structured below), states should explain the measures of implementation that they
have undertaken with regard to the following:
a
b
c
d
e
f
Legislation
(What legislative measures has the state taken to give effect to the particular
rights guaranteed in the Protocol?)
Administrative measures
(What administrative measures, including budgetary allocations, has the state
taken to give effect to the particular rights guaranteed in the Protocol?)
Institutions
(What institutional mechanisms are in place to ensure that the particular rights
guaranteed in the Protocol are given effect?)
Policies and programmes
(What policies and programmes has the state adopted in order to give effect to
the rights in question?)
Public education
(What public education and awareness-raising activities has the state undertaken
with respect to the rights in question?)
Any other measures
(What other general measures, which are not covered in the points above, has
state adopted to ensure the protection of the particular rights in question?)
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Guidelines for state reporting
6
© Kate Holt (Flickr)
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
g
h
i
j
Remedies
(judicial and administrative (extra-judicial)) (What are the available avenues for
redress in the event of a breach of the particular rights provided in the Protocol?
Have any cases been decided in respect to each of the rights; and if so, have these
decisions been implemented?)
Challenges experienced
(What are the challenges that the state has faced in the implementation of the
particular rights, and what steps have been taken to overcome these challenges?)
Accessibility
(Are the particular rights accessible to all women, especially rural/
impoverished women?)
Disaggregated statistics
(Where relevant, the state should provide relevant data and statistics disaggregated by gender in so far as the right in question is concerned.)
iv. With reference to the measures of implementation above, states must
report on all the provisions of the Protocol, preferably as grouped under
the following eight (8) themes:
1
Equality/Non-discrimination
1.1 Elimination of discrimination (article 2)
1.2 Access to justice, including legal aid and the training of law enforcement
officials (article 8)
1.3 Political participation and decision-making (article 9)
1.4 Education (article 12)
Did you know?
According to Article 1 of the Protocol to the African Charter on Human and Peoples
Rights on the Rights of Women, ‘discrimination against women’ is defined as any
distinction, exclusion or restriction or any differential treatment based on sex and
whose objectives or effects compromise or destroy the recognition, enjoyment or
the exercise by women, regardless of their marital status, of human rights and
fundamental freedoms in all spheres of life.
2
Protection of women from violence
2.1 Bodily integrity and dignity, including sexual violence, trafficking of
women and medical and scientific experimentation (article 3 & 4)
2.2 Practices harmful to women, including female genital mutilation (article 5).
2.3 Female stereotypes (article 4(2)(c))
2.4 Sexual harassment
2.5 Domestic violence (article 4(2)(a))
2.6 Support to victims of violence, including heath services and psychological
counselling (article 5(c))
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Guidelines for state reporting
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Did you know?
According to Article 1 of the Protocol to the African Charter on Human and
Peoples Rights on the Rights of Women ‘harmful practices’ is defined as all
behaviour, attitudes and/or practices which negatively affect the fundamental
rights of women and girls, such as their right to life, health, dignity, education
and physical integrity”
3
Rights relating to marriage (articles 6-7)
3.1 Marriage and its effect on property relations, nationality, name
(article 6(e) to (j))
3.2 Minimum age of marriage (article 6(b))
3.3 Registration of marriages (article 6(d))
3.4 Protection of women in polygamous marriages (article 6(c))
3.5 Protection of women during separation, divorce or annulment of marriage
(article 7)
3.6 Protection of children in the family (article 6(i) &(j))
4
Health and reproductive rights
4.1 Access to health services (article 14(2)(a))
4.2 Reproductive health services, including the reduction of maternal
mortality (article 14(1)(a) & (b))
4.3 Provision for abortion (article 14(2)(c))
4.4 HIV/AIDS (article 14(1)(d))
4.5 Sex education (article 14(1)(g ))
Did you know?
Two General Comments have been adopted by the African Commission on
Human and Peoples Rights which provide clarification on the meaning of Article
14 on women’s health and reproductive rights. The General Comments on article
14(1)(d) and (e) were adopted in 2012. General Comment No.2 on article 14 (1)(a)
(b)(c) and (f) and article 14(2)(a) and (c) was adopted.
5
Economic, social and cultural rights
5.1 Economic and welfare rights (article 13)
5.2 Right to food security (article 15)
5.3 Right to adequate housing (article 16)
5.4 Right to positive cultural context (article 17)
5.5 Right to a healthy and sustainable environment (article 18)
5.6 Right to sustainable development, including the right to property;
access to land and credit (article 19)
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
6
Right to peace (article 10)
6.1 Women’s participation in peace and conflict prevention and
management (article 10(1)) and in all aspects of post-conflict
reconstruction and rehabilitation (article 10(2)(e))
6.2 Reduction of military expenditures in favour of social spending
(article 10(3))
7
Protection of women in armed conflicts (article 11)
7.1 Indicate measures of protection for asylum seekers, refugees, internally
displaced women and ensure the punishment of all violators of such
protection (article 11(1) – (3)).
7.2 Protection that no child especially girls take a direct part in hostilities and
no child is recruited as a solider (article 11(4))
8
Rights of specially protected women’s groups
8.1 Widows, including their inheritance rights (articles 20 & 21)
8.2 Elderly women (article 22)
8.3 Women with disabilities (article 23)
8.4 Women in distress (article 24)
Periodic reports
Subsequent reports should cover the following:
• Measures taken to implement recommendations in the concluding observations
of the Commission emanating from the examination of the previous report.
• Measures taken to publicize and disseminate the concluding observations
adopted after the examination of the previous report.
• Progress made in the implementation of the Protocol since the last report.
• The challenges faced in the implementation of the Protocol since the last report,
and steps taken to address these challenges.
• Future plans in regard to the implementation of the Protocol.
• Include measures that have been taken to implement recommendations made
during country visits by the Special mechanism on women’s rights.
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Guidelines for state reporting
10
Useful information and links
State reporting
The state reporting process is a fundamental component in monitoring the implementation of the Protocol to the African Charter on Human and Peoples Rights on
the Rights of Women in Africa (Women’s Rights Protocol). Article 26 (1) of the Women’s
Rights Protocol obligates States parties to submit state reports every two years indicating legislative and other measures undertaken towards the full realisation of the
rights enshrined in the Women’s Rights Protocol in their state reports submitted to the
African Commission on Human and Peoples Rights (ACHPR).
State reporting serves a number of important functions including but not limited to:
stock-taking of measures undertaken by States parties towards compliance with their
obligations under the Women’s Rights Protocol; identifying problems and obstacles
to full implementation of the Women’s Rights Protocol and providing an opportunity
for constructive engagement with the ACHPR in order that States parties may benefit
from their concrete recommendations.
Special Mechanism
The African Commission may choose to create special mechanisms to work on specific
mandates. These mechanisms include special rapporteurs.. The Special Rapporteur
on the Rights of Women in Africa (SRRWA) was established by the African Commission
on Human and Peoples Rights in 1999 after it recognised that the specific and unique
needs of women in Africa required special attention.
Useful links
For further information on the African Commission on Human Rights and the work it
does, please see the following links:
•
•
•
•
The African Commission’s website:
http://www.achpr.org
The Protocol to the African Charter on Human and Peoples Rights on the Rights of
Women:
http://www.achpr.org/files/instruments/women-protocol/achpr_instr_
proto_women_eng.pdf
The Special Rapporteur on the Rights of Women:
http://www.achpr.org/mechanisms/rights-of-women
General Guidelines on National Periodic Reports:
http://www.achpr.org/files/instruments/guidelines_national_periodic_
reports/achpr_guide_periodic_reporting_1989_eng.pdf