Scope of regional instruments: a perspective on the Southern and East Africa region

• Author: Gladys M Nhekairo Mutukwa
• Profession: Women in Law and Development in Africa (WILDAF)
• Pages: 81-85

81

Part II: Towards Gender Equality

...............................................................................................................................................................

7. Scope of regional instruments: a

perspective on the Southern and

East Africa region

Gladys M Nhekairo Mutukwa, Women in Law and

Development in Africa (WILDAF)

Background

The Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW) has been drawn on for the development and adoption of regional Southern

and East African instruments relating to eliminating discrimination against women,

promoting gender equality and equity and facilitating sustainable and equitable

development.

CEDAW has been ratified by all the countries in Southern Africa and in East Africa,

except Somalia. However a number of countries have entered reservations to the

articles relating to marriage and family life, nationality and to equality before the law.

Despite the reservations, CEDAW has been a catalyst for change in many aspects,

including women’s participation in employment, education, politics and decision-making

and reforms of laws to provide better for the rights of women.

Many national constitutions and domestic legislation have also taken their cue from

CEDAW and other international instruments. Several shades of gender equality and

non-discrimination provisions exist in a number of constitutions, and some progressive

pieces of legislation on various aspects of women’s human rights are found in this part

of the world.

However, the impressive lists of instruments that are recalled, reaffirmed, noted and so

on in subsequent instruments do not appear to have brought about commensurate

changes in the lives of women of the East and Southern African region.

While significant improvements in the role and status of women are recognised in some

spheres of life, such as education and participation in politics, gender equality and

equity and a life free from discrimination is still a dream for many. Women and girls in

the region continue to face increasingly brutal incidences of gender-based violence, still

form the majority among the poorest of the poor and toil on land that they do not own

and have no control over. They continue to be vulnerable to infections of HIV and bear

the heaviest burden of caring for the sick, even when they are sick themselves.