By CHARLOTTE SUTHERLAND (1)

Achieving gender equality and empowering women is a real challenge. That is a fact. While it is important to identify and analyse challenging areas in this empowerment enterprise, it is also easy to get stuck in the complexities and negatives that typify gender studies to a large extent. It is also important, however, for positive strides to be acknowledged. The process of women’s empowerment consists of many large and small achievements and a focus on these positive steps helps to motivate us, and gives us hope for the future of such endeavours. Accordingly, this month’s newsletter covers but a few positive angles on the process, including the signing of the gender protocol by most of the Southern African Development Community (SADC), and some legislative improvements in a number of African countries.

THE SADC GENDER PROTOCOL

The signing of the SADC gender protocol by most Southern African countries in August is a significant development that holds much promise for women in the region. After many years of lobbying and revision of the proposed protocols, gender activists finally saw the protocol signed last month. The protocol demands 50% women representation at all levels of government by 2015. It also provides a plan of action for governments to follow, so as to assist in reaching this gender equality goal. When political and policy structures are gender sensitive, women’s input and influence stand a better chance at shaping society. Governments will have to put in some effort, however, as the protocol demands significant changes that will draw on various governmental resources. Many legislative changes are required, such as measures to “…eliminate all practices which negatively affect the fundamental human rights of women, men, girls and boys…”. All forms of gender-based violence (GBV) also need to be prohibited according to the protocol. This includes required criminalisation of marital rape. Equal access to education and the transmission of HIV & AIDS are other issues addressed by the protocol. Some gender activists argue that the protocol has been compromised too much, and that key requirements for equality had been left out as a result. Botswana and Mauritius would not agree to sign the protocol on the grounds that they would have to “change the entire constitution” and also the incurred costs.

South African President Thabo Mbeki noted that, "this Protocol is important because it consolidates all the important SADC's policies and programmes dealing with gender equity”. He spoke at the opening of the Women’s Parliament and emphasised the fact that the most important step in this process can now be tackled: the challenge of implementing the protocol. While implementation will most certainly be a huge challenge for all countries that have signed the protocol, women’s futures will at least be affected by the fact that the protocol has been signed and has lasting binding effects. Women’s plight can no longer be ignored or half-heartedly addressed.

LEGISLATIVE CHANGES IN WOMEN’S FAVOUR

The South African Constitutional Court ruled in June that the Valoyi tribe of South Africa’s Limpopo province has a female chief. After Tinyiko Shilubana’s father passed away, a battle ensued between her and her male cousin. Customary law prescribed that chiefs must be men and did not allow for Shilubana to succeed her father as chief. The Chief was then succeeded by his brother in 1968, but in 1996 and 1997, Shilubana was elected by her community to succeed her uncle, instead of her male cousin. The community felt that in the new South African constitutional era, such a decision was justified, as women are now equal to men. Shilubana’s cousin challenged her position and won in both the Pretoria High Court and the Supreme Court of Appeal, but the Constitutional Court ruled in her favour on the grounds of women’s constitutional right to equality. Chairman of the traditional authority, Machechisi Shipalana, said that he was happy with the decision since that was the original decision of the traditional council. Supporters of Shilubana’s cousin, Sidwell Nwamitwa, said that they regard the decision as a disaster for African culture, and that is in an insult to Africans around the country. The Court, however, said that traditional authorities have the power to develop customary law, as did those of Valoyi by electing a woman to chieftainship. Speaker of parliament, and also convenor of the Progressive Women’s Movement of South Africa (PWMSA), Baleka Mbete, said that the ruling demonstrates South Africa’s progress in implementing the Constitution, especially women’s right to equality.

Also in South African, the month of August saw customary law changed by the Reform of Customary Law of Succession and Regulation of Related Matters Bill. This Bill aims to bring customary law of succession in line with the Constitution and the Bill of Rights. The law of male primogeniture, which gives the eldest male descendant in a family complete inheritance, and leaves the mother and other siblings with nothing, and at the mercy of the eldest sibling, will be abolished. Customary law often leaves women at the mercy of males, who are free to ‘punish’ widows by taking all the deceased’s assets. Under the new Bill, if a man dies without a will, his whole family has equal rights to his estate.

In the same vein, South African women in polygamous marriages now have equal rights to their husband’s estate. This comes after the Women’s Legal Centre passed a judgment in July on the matter. In a statement, the Centre said that, "this is a groundbreaking judgment which extends the right to inherit from a deceased husband's estate to women in Muslim marriages where there is more than one wife. The effect of the judgment is that the wives will be treated equally and their rights recognised for purposes of inheritance where the husband does not leave a will”. We can only hope that other countries will follow South Africa’s prime example of commitment to gender equality by addressing laws and practices that discriminate against women.

Across the continent, in Liberia, President Ellen Johnson-Sirleaf has signed a new rape law that will accelerate the trial of rape cases. The law assigns the Criminal Court ‘D’ of the First Judicial Court the jurisdiction to try rape cases and in so doing increases the justice system’s capacity to deal with rape cases. This is certainly to the advantage of rape victims, as the trauma of the prosecution process will be decreased when these cases are addressed more efficiently. More generally, the law is a sign of the country’s commitment to women and their upliftment and protection.

A POSITIVE OUTLOOK ON THE FUTURE

These are but a few examples of the strides that gender activists have made in their quest for gender equity and women’s empowerment. All over Africa, the fight against patriarchally oriented systems continues, but developments like those around inheritance, customary law and rape are rays of hope and an indication that progress towards equality can be achieved with perseverance. We must be thankful to those who dedicate their time and energy to pursuing these goals, as it is only with continued effort that the plight of vulnerable women everywhere can be adequately addressed.