Protocol To The African Charter On Human And Peoples’ Rights On the Rights of Women In Africa
Friday 2nd December 2005

The States Parties to This Protocol,

CONSIDERING that Article 66 of the African Charter on Human and Peoples’ Rights provides for special protocols or agreements, if necessary, to supplement the provisions of the African Charter, and that the assembly of Heads of States and Governments of the Organization of African Unity meeting in its Thirty-first Ordinary Session in Addis Ababa, Ethiopia, in June 1995, endorsed by resolution AHG/Res.240 (XXXI) the recommendation of the African Commission on Human and Peoples’ Rights to elaborate a Protocol on the Rights of Women in Africa;

CONSIDERING  that Article 2 of the African Charter on Human and Peoples’ Rights enshrines the principle of non-discrimination on the grounds of race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status;

FURTHER CONSIDERING that Article 18 African Charter on Human and People’s Rights calls on all States Parties to eliminate every discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions;

NOTING that Articles 60 and 61 of the African Charter on Human and Peoples’ Rights recognise regional and international human rights instruments and African practices consistent with international norms on human and peoples’ rights as being important reference points for the application and interpretation of the African Charter;

RECALLING that women’s rights have been recognised and guaranteed in all international human rights instruments, notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, the African Charter on the Rights and Welfare of the Child, and all other international and regional conventions and covenants relating to the rights of women as being inalienable, interdependent and indivisible human rights;

NOTING  that women’s rights and women’s essential role in development, have been reaffirmed in the United Nations Plans of Action on the Environment and Development in 1992, on Human Rights in 1993, on Population and Development in 1994 and on Social Development in 1995;

RECALLING ALSO United Nations Security Council’s Resolution 1325 (2000) on the role of Women in promoting peace and security;

REAFFIRMING the principle of promoting gender equality as enshrined in the Constitutive Act of the African Union as well as the New Partnership for Africa’s Development, relevant Declarations, Resolutions and Decisions, which underline the commitment of the African States to ensure the full Participation of African women as equal partners in Africa’s development;

FURTHER NOTING  that the African Platform for Action and the Dakar Declaration of 1994 and the BEIJING Platform for Action of 1995 call on all Member States of the United Nations, which have made a solemn commitment to implement them, to take concrete steps to give greater attention to the human rights of women in order to eliminate all forms of discrimination and of gender-based violence against women;

RECOGNISING the crucial role of women in the preservation of women in the preservation of African values based on the principles of equality, peace, freedom, dignity, justice, solidarity and democracy;

BEARING IN MIND related Resolutions, Declarations, Recommendations, Decisions and other Regional and Sub-Regional Instruments aimed at eliminating all forms of discrimination and at promoting equality between women and men;

CONCERNED that despite the ratification of the African Charter on Human and Peoples Rights and other international human rights instruments by the majority of States Parties, and their solemn commitment to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to be victims of discrimination and harmful practices;

DETERMINED to ensure that the rights of women are promoted, realised and protected in order to enable them to enjoy fully all their human rights;

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of the present Protocol:

a) “African Charter” means the African Charter on Human and Peoples’ Rights;

b) “African Commission” means the African Commission on Human and Peoples’ Rights;

c) “Assembly” means the Assembly of Heads of State and Government of the African Union;

d) “AU” means the African Union;

e) “Constitutive Act” means the Constitutive Act of the African Union;

f)  “Discrimination against women” means 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 or their marital status, of human rights and fundamental freedoms in all spheres of life;

g) “Harmful Practices” means 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;

h) “NEPAD” means the New Partnership for Africa’s Development established by the Assembly;

i)  “States Parties” means the States Parties to this Protocol;

(To be continued)