62 Zvobgo and Dziva/African Women’s Rights Protocol in Zimbabwe People’s Rights on the Rights of Women in Africa (African Women’s Rights Protocol). Specifically, the African Charter was developed for the purposes of promoting and protecting human rights in Africa.5 Although the Charter was designed to guarantee the rights of both women and men,6 women’s rights, as such, are specifically mentioned in only a few provisions.7 This normative inadequacy8 prompted the adoption of the landmark African Women’s Rights Protocol on 11 July 2003. The Protocol entered into force on 25 November 2005, after securing ratifications by the required number of 15 African Union (AU) member states.9 The African Women’s Rights Protocol is a comprehensive framework that recognises several rights of women at the generic and specific levels in Africa. For these reasons, the Protocol is hailed as the most inventive and exciting development in women rights protection since the AU formation as it lays down essential human rights standards for African women.10 A closer look at the Protocol shows the extent to which the AU recognises, reaffirms, or guarantees existing rights under UN human rights systems.11 Article 9 of the African Women’s Rights Protocol, which calls for equal representation of women in political and decision-making processes, is the focus of this article. The process to achieve 50-50 representation of women and men in institutions of power includes affirmative action, enabling national legislation and other necessary measures.12 The equal representation of women and men in political and decision-making institutions is crucial for consolidation of democracy. For democracy to be sustainable, it has to allow for the inclusion and participation of every citizen to represent their concerns and interests in matters shaping their lives. In a way, article 9 confirms that women are equal human beings, and emphasises the need to promote, protect and enforce their political rights. The call by article 9 is important for African countries, including Zimbabwe, where women’s participation in public life has been limited before ratification of the Protocol in 2008. Since independence in 1980, 5 F Ouguergouz The African Charter on Human and Peoples’ Rights: a comprehensive agenda for human dignity and sustainable democracy in Africa (2003) 432. 6 See Preamble of African Charter. 7 See art 18 of the African Charter. 8 See Preamble to the Protocol; See also F Banda ‘Brazing a trail: The African Protocol on Women’s Rights comes into force’ (2006) 50 Journal of African Law 72; F Viljoen International human rights law in Africa (2007) 529. 9 Article 29(1) of the African Women’s Rights Protocol. 10 E Durojaye & LN Murungi ‘The African Women’s Protocol and sexual rights’ (2014) 18 International Journal of Human Rights 893; B Kombo, R Sow & FJ Mohamed (eds) A journey to equality: 10 years of the Protocol on the Rights of Women in Africa, Equality Now (2013); VO Ayeni (ed) The impact of the African Charter and the African Women’s Rights Protocol in selected African states: Zimbabwe (2016) 281-296. 11 See F Viljoen ‘An introduction to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa’ (2009) 16 Washington & Lee Journal of Civil Rights & Social Justice 11. 12 See article 9(1) of the African Women’s Rights Protocol.

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