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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.