Author: RFLD
This Sunday, July 11, 2021 marks 18 years since the African Union Commission adopted the Maputo Protocol.
The African Union has faced the challenges of forced displacement for many years, stunting socio-economic gains in many areas. Various global and regional normative frameworks have been adopted to address the protection and assistance of forcibly displaced people on the continent, including the Kampala Convention . In addition, a number of standards and policies are in place for the protection and promotion of women’s rights. The AU has adopted landmark frameworks, including the Maputo Protocol, the Solemn Declaration on Gender Equality in Africa and the Maputo Plan of Action on Sexual and Reproductive Health and Rights (SRHR) in Africa. International and regional development policies are also aware of the importance of women’s rights. The Sustainable Development Goals have a stand-alone focus on gender equality and women’s empowerment, and Africa’s Agenda 2063 envisions a future where women are able to realize their potential as drivers of change.
Efforts to protect and promote women’s rights should also be an opportunity to create an enabling environment for them. Women play a major role in contributing to the lifestyle and development of their societies. In the context of forced displacement, which is the reality for millions of displaced people in Africa, and of increasing return and reintegration efforts, violations of women’s socio-economic rights, including housing, land and property rights, continue to be neglected.
Housing, land and property rights focus primarily on the need to have a home, without fear of forced eviction; a place that offers shelter, security, stability and the ability to earn a living. Since these rights are closely linked to access to livelihoods, safety, security and an adequate standard of living, failure to respect them is a serious obstacle to displaced women’s prospects of return, local integration or settlement elsewhere.
The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) is rooted in the reinforcement of state responsibility in the prevention, management and treatment of forced displacement. The legal framework currently ratified by 27 member states has led to greater recognition of the particular needs of vulnerable groups, including displaced women. The Convention addresses the safety and security needs of marginalized and discriminated groups by urging governments to take the necessary steps to provide special protection and assistance.
The main task of governments is to eliminate prejudicial and discriminatory practices by repealing laws that discriminate against women, and by adopting laws that protect the rights of women living with HIV/AIDS. In addition, it is necessary to eliminate obstacles to access to justice for Housing, Land and Property (HLP) rights by facilitating women’s access to land and property documentation, and to take measures to help displaced women participate in decision-making processes, as well as to recognize their right to own and control property.
Practice in different countries across the continent identifies numerous gaps in the implementation of the provisions enshrined in the many legal and policy frameworks. Discrimination and abuse against the disadvantaged in Africa are particularly severe, especially for the millions of displaced women and girls. Moreover, the difficulty of accessing justice for violations of housing, land and property is widespread among women in Africa, and becomes even more acute in contexts of displacement.
While recognizing the importance of the various policies that are essential for the protection and promotion of women’s rights in general and the rights of displaced women in particular, this blog focuses on implementation. The impetus given in recent years to Africa’s Agenda 2063, followed by the 18th anniversary of the adoption of the Maputo Protocol, should be geared towards greater respect for women’s rights.
