(2018) 2 African Human Rights Yearbook 135 states.8 Namibia became a party to the Protocol on 11 August 2004, nearly a year after its initial adoption. As alluded to before, article 9 of the Women’s Rights Protocol provides for women’s right to participate in political and decisionmaking processes, placing direct positive obligations on state parties to the Protocol in the following terms: 1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: (a) women participate without any discrimination in all elections; (b) women are represented equally at all levels with men in all electoral processes; (c) women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making. A closer reading of this provision discloses one or more of the following. First, that its basis is premised on the principles of equality and nondiscrimination. Second, the scope of protection offered is not limited to political participation but all forms of decision-making processes where the exercise of state authority is at play. Third, both qualitative and quantitative representation is envisaged, and the state is accordingly obligated to ensure their fulfilment; and fourthly, affirmative action is specifically identified, or, at the very least, recommended as central to states’ fulfilment of its obligations in terms of this provision. Clearly, the rights to vote, be elected and to hold public office are to be implied, though not expressly stated in the text of article 9. It is also not clear whether the type of protection offered solely applies to domestic circumstances, excluding States duties to enhance women’s roles in international processes, diplomacy and foreign policy formulation. It seems though that these concerns are inherently part of what the provision envisages, but the certainty of such a position will only become clearer through more elaboration from the African Court on Human and Peoples’ Rights, the body tasked with the duty to interpret the provisions of the Women’s Rights Protocol.9 The inclusion of a provision of the nature of article 9 sparks questions around why states would want to emphasise the emancipation of women in political and decision-making spaces. Put somewhat differently, what is the value of insisting on the need for significant representation of women in political and decision-making processes? The immediate response to this question is that the inclusion of women contests patriarchy, and brings women and their capabilities to the fore. Their exclusion preserves the inherited patriarchal architecture of state and society. We run the risk of ensuring that the State, including its structures and processes remain masculine; 8 9 See generally, Ratification Table: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, http://www.achpr.org/ instruments/women-protocol/ratification/ (accessed 7 March 2018). Art 32 Women’s Rights Protocol.