CHAPTER 2: IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE PROTOCOL
I.
Civic and political rights
A. Elimination of discrimination against women
323. All forms of discrimination including such ones based on sex are prohibited by the
Constitution (Article 1) and the Labour Code (Article 48). Similarly, Article 132 of the criminal
code penalises any act of gender-based discrimination by imprisonment of between 1 and 5
years. Furthermore, other legislative and regulatory texts, plans and policies in all areas of
activity establish this principle.
324. Since the establishment of the Ministry of Women’s Affairs and Gender in 1997,
important actions have been carried out to promote gender equality. A series of awarenessraising campaigns have been undertaken to propagate all the provisions of national and
international texts that promote the cause of women. Thus, the MPFG popularised 2000 copies
of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in
Africa in 2011. One can also mention the sensitisation and training activities carried out as part
of the implementation of the national gender policy with the aim of promoting participatory and
equitable development of men and women ( by ensuring equal access to resources and to
decision-making corridors) through respect for their fundamental rights. A workshop for judicial
stakeholders engaged in the management of cases of gender-based violence was organised in
September 2013.
A. The Right to dignity
325. As part of the fight against violence perpetrated against women, some measures were
taken by the government to rehabilitate women’s dignity. Thus, the Ministry for the
Advancement of Women, Social Protection and National Solidarity and the Ministry of Justice
and Human Rights have reception facilities, guidance and counselling services for victims of
rights abuses including women. Additionally, at the Ministry of Territorial Administration and
Security, there is a reception facility, guidance and handling of cases of women or children who
fall victim to rights abuses. Several NGOs and associations also express their concerns through
the creation of counselling centres which even sometimes go as far as providing technical and
financial support (provision of a lawyer, uptake of the medical fees and temporary
accommodation of the victim) and also try to support women through guidance and counselling.
A department in charge of cases of women victims of gender-based violence has been
established at the Ministry of Women’s Affairs and Gender.
326. Sexual harassment at work places (Article 37 of the labour code), prostitution by way of
soliciting and pimping (Articles 423 et seq of the Criminal Code) are prohibited.
B. The right to life, integrity and security
327. All forms of exploitation, inhuman or degrading treatment and punishments are
prohibited by the Constitution, the Criminal Code and the Law on the fight against the practice
of excision. A study on “the strengthening of the legal instruments on violence against women”
was conducted in 2012 to strengthen and promote the enforcement of these texts. Furthermore,
some institutions such as the Ministry of Women’s Affairs, Social Welfare and National
Solidarity, the Ministry of Justice and Promotion of Human Rights operate in the area of human
rights abuses against women.
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