Today, as many across the continent celebrate the 2nd Anniversary of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa, the women’s movement in Uganda is struggling to find the protocol, says Solome Nakaweesi-Kimbugwe.

Today, as many across the continent celebrate the 2nd Anniversary of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa, the women’s movement in Uganda is struggling to find the protocol; which seems to ‘have been lost’! Uganda, just like a number of other African States has to date signed but not yet ratified the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa.

Signature only is a presumption of serious interest but does not guarantee ratification, domestication and implementation. The Protocol in Uganda stalled since 2005 where, it is reported that instruments of ratification had been prepared by government but the protocol lost momentum as well as priority on the part of the government to ratify this protocol. The Protocol in Uganda seem to have got lost and many do not seem to know where it is or even the process to date.

‘We have not seen this protocol in Parliament. The Cabinet has also not ratified it. It has got lost somewhere and we do not know where it is.’ Rt. Hon Rebecca Kadaga, Deputy Speaker of Parliament of the Republic of Uganda, 6th August 2007.

With the current realities, the lives of women in Uganda have been redefined by national, regional and international occurrences. For instance, globalization has impacted on women where more increasingly women are getting poorer due to unfair trade, weaker role of the state, the war on terror, SAPs, PRSPs, etc. In addition, women’s triple roles are being increased due to the global trends like: commercialization of food crops, privatization of water, etc.

There is also a waning political will at the national level which implies that women’s issues are taking back sea due to the increasing feeling that women have had had it all but are being ungrateful yet today government is committed to less vigorous roles a far as human rights are concerned. In addition, the rise of militarism is tending to redefine women’s rights and choices, as well as institutionalizing violence against women – this is especially so in Northern and Eastern Uganda which has been affected by civil strife, displacement and political instability for last 20 years.

For the human rights and women’s movement in Uganda, the protocol is important because: it gives impetus to national laws and policies like the Domestic Relations Bill (Uganda’s family law that has not been enacted since the 1960s - for over 40 years) Land Law ownership, Sexual Offences Law, Domestic Violence Law and law on trafficking in persons. The protocol is paramount as it will help African States to exercise gender justice.

‘If anything, this Protocol should facilitate African States to pass fairer legislation’ Stella Mukasa, Feminist, AMwA, July 2007.

Similarly, a survivor of 3 conflicts in Uganda laments that:

‘If there was law to be passed or treaty to be ratified, it should prevent soldiers from assaulting women as well as protecting women from local / community instigated forms of violence. How do we even ensure that that law applies to the rebelling forces?’ Loy Adepuit Owani, Soroti District, Eastern Uganda.

The Protocol also provides a legal framework at continental level (standardized) and the monitoring of these at continental level.

‘If we can have the protocol, it gives us similar standards, frameworks against impunity across Africa’. Eva Luswata Kawuma- Advocate of the High Court of Uganda, 18/10/07

The Protocol also consolidates and protects the gains so far registered in Uganda such as: women’s education, political participation, Affirmative Action especially in political and governance sector as well as bringing to bear the regional expectations in as far as protection and promotion of women’s rights is concerned.

The Backdrop: Challenges of the Protocol

One of the biggest challenges has been the rise of fundamentalism, re-negotiation of women’s basic rights as well as the waning state commitment to women’s rights. More generally globally, there are fundamentalist forces that are re-defining women’s space ands positions in the form of economic, religious, political, ethnic and cultural fundamentalism.

In Uganda, this has not been helped by the fundamentalist forces taking hostage of the state and using it to roll back on the achievements so far registered. The most vivid backlash of fundamentalism has been experienced with work on the Protocol in Uganda as well as on work with the family law (The Domestic Relations Bill). The state has been held hostage by strong religious groups especially Christian fundamentalists (the Catholic Church and Pentecostals) who are opposed to certain articles in the Protocol especially Article 14 that deliberates on Health and Reproductive Rights. In 2005, the Catholic Church came up with a 2 page centre spread press release in the two of the leading newspaper dailies strongly opposing the Protocol, describing it as one that opens up un-African behaviour and rights especially abortion and use of contraceptives that are contrary to the doctrines of Christianity, morality, and African culture. In a similar move, in 2006/2007, the Pentecostal Churches also signed nationwide petitions opposing the Protocol. In their contestation, these groups have either openly opposed the whole protocol or even calling upon government if its to ratify, it does so with reservations on certain areas such as Article 14, which has been contested within the women’s movement as seen below.

‘We do not want government to ratify with reservations… this brings about impunity where there may have reservations on many articles … Also the process removing reservations is very tedious’. Marren Akatsa-Bukachi, EASSI Executive Director, Interview in the Protocol Video – As Time Ticks, AMwA / SOAWR 2007.

There is also waning political will and outright hostility to women’s issues and the notion of we gave you which implies that rights are granted and can be withheld at leisure by the powers that be. Due to the weak political will and half hearted reforms, gender mainstreaming has been reduced to one sentence usually appended onto policy statements. Gender distributive policies challenge peoples cherished belief, they are often addressed as technical aspects of programming but not real commitment and action is undertaken.

Most countries shy away from economic and social rights progressively because they have to allocate budgets yet, gender budgeting is still a challenge to many developing countries, Uganda inclusive. While the women’s movement managed to register a lot of achievements in the period 1986-2000, after that period, there has been waning political support to women’s emancipation and increasing fatigue. Besides, the failure to consolidate the gains so far registered as well as become independent , free of patronage from the ruling party’s has affected the leverage and power to negotiate on a number of issues.

The problem of convincing policy makers is that; social and economic rights to be understood in terms of development and wellbeing of women. This coupled with the increasing complacence and fatigue in as far as women’s rights imply that advocacy on the protocol is an uphill task.

Many actors (state and non state actors) do not understand the protocol and its provisions, hence, a lot of work has to be done to popularize and raise awareness on the protocol. For example, on 6th August 2007, Akina Mama wa Afrika (AMwA) as part of SOAWR commissioned and launched a documentary on the Protocol entitled ‘As Time Ticks’. The current Minister of Gender, Labour and Social Development – Hon. Syda Bbumba was interviewed by the press on 7th August 2007 and was reported to have confessed that she was not aware or heard about any such a Protocol. She is reported to have responded as: ‘I do not know anything about such a protocol. I would be telling a lie if I commented about it’ Hon. Syda Bbumba, Interview in August 2007

Yet, it is the same ministry that prepared a Cabinet Paper to be discussed by Cabinet in 2004/2005!

In a similar development, a number of Members of the 8th Parliament in Uganda indicated that they were not aware whether this particular Protocol is supposed to be ratified by Parliament or Cabinet and what their role should be! This is an indicator that the Protocol is not known, information is still lacking among policy makers, legislators, and foreign ministry relevant departments and if known, its not prioritized on the part of government.

De-politicizing of the women’s agenda has also implied that the women’s movement in Uganda has in the last few years tended to address issues that are that are less controversial and leave out those that redefine women’s total liberation. Issues such as: women’s bodily integrity, sexuality and sexual orientation, private lives of women, gender based violence, abortion rights, sexual, reproductive health and rights, etc have tended to be left unattended or minimally addressed. In addition, sexual and reproductive rights still remain elusive and, the failure to understand that even provisions of the protocol makes it under restricted circumstances. There is also increased bureaucracy and reduced activism among human rights stakeholders, which has led to even failure to consolidate past gains. This makes them unable to seriously and consistently engage in the human rights issues such as the Protocol.

In relation to the above, one of the biggest challenges of the Protocol in Uganda has been the inconsistency in the advocacy generally within the women’s movement and mainstream human rights and the fact that many human rights actors look at as women struggles not as human rights struggles. Hence with such a situation, advocacy on the Protocol faces stiff resistance as it pushes women’s rights to address these fundamental rights.

There are also discussions about whose struggle is it anyway? Issues about social mobilization, linkages and supporting each others work on the Protocol have been very loose and mainly left to the SOAWR Members in Uganda (Akina Mama wa Afrika and Eastern African Support Initiative for the Advancement of Women) both of which are international women’s NGOs. Hence, implying that most national women’s organizations are not actively engaged with the protocol advocacy or even relate to their mandates that they are dealing with on day to day basis. As observed by renowned feminist, ‘Activists identify with an issue as long as there is no struggle’ (Marjorie Mbilinyi, Tanzania)

Work on the protocol has been an uphill struggle, some of which pit with the core of patriarchy which seem as an added controversial burden to many in the women’s movement in Uganda who are already battling with a lot of agenda. Major issued to dialogue internally are: What kind of issues do we address and how far are we willing to go? Arent we operating within the same patriarchal framework that redefines what is good for women and what is bad? How far are we willing to address specific rights that have hitherto been labeled no go areas? Do we take on women in their diversity and orientation or are we still ‘playing safe’? How do we handle the controversy and difference within the movement as far as the Protocol is concerned?

The Lack of the Protocol Impacting on Women’s Lives in Uganda

Many should be asking why we need to ratify the Protocol in Uganda given all the various initiatives undertaken at national level to uplifting the status of women. One of the glaring impacts of the lack of ratification of the protocol is that laws, administrative, social and economic indicators that states are obliged to provide are not in place. Women’s rights in Uganda have still remained rhetoric mainly as rights enshrined in the 1995 Constitution. This explains why to date there is reluctance in enacting laws, setting up policies and programmes that operationalise women’s rights like the family law, laws on GBV, trafficking in persons, etc. To date, Uganda has failed to protect women from injustice at family and community levels in the private spaces as women are still abused in the name of cultural practices that are highly discriminatory and patriarchal.

Uganda will not be in a position to meet its PRSP (Poverty Eradication Action Plan – PEAP) & MDG targets. Failure to ratify the protocol implies that there are no measures to reach those targets. Failure to ratify also impacts on Uganda’s commitments at international level as far as protection and enforcement of women’s rights are concerned will not be met yet women are among the poorest who have very low social indicators.

A number of reviews like the Poverty Eradication Action Plan, African Peer Review Mechanism process indicated that poverty in Uganda is highly structures along gender lines and specific interventions in terms of the legislation, policy, administrative and programmes have to be undertaken to address inherent challenges that impact on women. It’s therefore no wonder that irrespective of all these, women are poorer. A number of women’s rights have still not attained like affected by conflict, poorest, sexual and reproductive rights,. MDG 3, Constitutional rights of women as provided for in Chapter 4 of the Ugandan Constitution, Pillars within the PEAP especially since gender is across cutting issue. And in terms of Uganda’s long term vision and missions of becoming a middle income country, there is also need to address the role of women in as far as attainment of economic independence as well as stimulating economic growth.

Consolidation of gains in as far as women’s rights is questionable with the failure to ratify, domesticate and implement the protocol. For instance, there are a number of national legislative and policy concerns like: the 1995 Constitution, labour laws, criminal law, National Gender Policy, National Action Plan for Women and PEAP. In addition, if we borrow some of the progressive provisions in the Protocol, it gives impetus to national level advocacy for better laws and policies.

Women’s discrimination is varied but it has at times been in the form of the absence and even existence of gender neutral / gender blind retrogressive laws and policies that are premised on patriarchal notions like citizenship rights, definition of adultery and other sexual offences, definition of a family and head of family. Access to justice continues to elude women and the administration of the law and policy has been sighted as a major hindrance to enjoyment of women’s rights. Generally in Uganda, the court system is characterized by patriarchal values upheld by legal practitioners and the institutions, generally giving more privilege to men and disadvantaging women; difficulty in physical access to magistrate courts; inability of the poor, especially women to pay court expenses; and the degree of technicalities involved, including the legal jargon. As noted,

‘Women’s rights continue to be trampled on because the current laws are inadequate’. Rt. Hon Rebecca Kadaga, Deputy Speaker of Parliament of the Republic of Uganda, 6th August 2007.

Therefore, without the ratification, domestication and implementation of the protocol, we cant quote using International and regional instruments in court cases.

The existing laws, policies and programmes in Uganda today have all failed to genuinely promote and protect the rights of women at personal level and in private spaces. This failure has down rolled the achievements made in the public lives as far as human rights are concerned. Statistics of the Uganda Demographic and Health Survey Report of 2006 indicate that, women’s bodies and sexuality is still controlled by men as such impacts on the realization of many of the fundamental human rights by women.

Its therefore no wonder that statistics indicate that the quality of life of women is reducing and the social indicators are grim like: high fertility rates of 6.9 children on average, increase in physical and sexual violence (to at least 60% experienced violence by partners or husband and at lest 2 in 5 women have been sexually abused by age 15); early marriages ( on average at 17.8 years for women aged 20-49, 55% of women aged 22-49 married by 18 years and 74% married by 20 years of age); age of first sexual intercourse at 16.6 years; polygamy at 28%, rape is on the increases and that 51% of women prefer to use injectibles as preferred method of contraception as it does not require them to negotiate with their partners. The case below justifies this by:

‘I stated from zero level after the death of my husband. My in-laws they took all my things, even my clothing… And when I refused to be inherited by my in-laws, they lit a broken jerry can and burn me all over my body’ Nancy Oluka, Widow, Lira District, Northern Uganda’.

So what next?

As a way of conclusion, there is need to re-strategize and re-launch the campaign as there is need to explore why the process that appeared to be very progressive all of a sudden lost steam and went off the radar of governments priorities. This will enable for strategizing and action on advocacy not only for the protocol but other process on women’s rights that seem to have stalled to date. In addition, there is need to raise awareness about the Protocol as well as enroll allies and human rights actors to join advocacy.

Lastly, ratifying the Protocol, domestication and implementation is actually what the operationalisation of women’s rights in Africa. The task of eliminating gender based discrimination is beyond the purview of protocols, law and human rights but not beyond the people who have experienced multiple and intersecting forms of discrimination over long periods of time. We as Africans need to change our communities so that individually and collectively we are all able to enjoy living lives grounded on equality, equity, freedom, dignity, peace, mutual respect, gender justice, non discrimination and above all respect that African women are equal in rights and dignity!

* Solome Nakaweesi-Kimbugwe is the executive director of Akina Mama wa Afrika (AMwA)

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