LA VIE PRATIQUE DU MINPROFF:08 MARS 2010, LE COMITE D'ORGANISATION A PRIS SERVICE.

Article 19 Right to Sustainable Development

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to:

18 a) introduce the gender perspective in the national development planning procedures;
b) ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes; c) promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
Article 20 Widows' Rights
States Parties shall take appropriate legal measures to ensure that widows enjoy all human rights through the implementation of the following provisions:
a) that widows are not subjected to inhuman, humiliating or degrading treatment;
b) that a widow shall automatically become the guardian and custodian of her children, after the death of her husband, unless this is contrary to the interests and the welfare of the children;
19 c) that a widow shall have the right to remarry, and in that event, to marry the person of her choice.
Article 21 Right to Inheritance
1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to h er or she has inherited it.
2. Women and men shall have the right to inherit, in equitable shares, their parents' properties.
Article 22 Special Protection of Elderly Women
The States Parties undertake to:
a) provide protection to elderly women and take specific measures commensurate with their physical, economic and social needs as well as their access to employment and professional training;
b) ensure the right of elderly women to freedom from violence, including sexual abuse, discrimination based on a ge and the right to be treated with dignity.
Article 23 Special Protection of Women with Disabilities
The States Parties undertake to:
a) ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to
20 employment, professional and vocational training as well as their participation in decision-making;
b) ensure the right of women with disabilities to freedom from violence, including sexual abuse, discrimination based on disability and the right to be treated with dignity.
Article 24 Special Protection of Women in Distress
The States Parties undertake to:
a) ensure the protection of poor women and women heads of families including women from marginalized population groups and provide an environment suitable to their condition and their special physical, economic and social needs;
b) ensure the right of pregnant or nursing women or women in detention by providing them with an environment which is suitable to their condition and the right to be treated with dignity.
Article 25 Remedies States Parties shall undertake to:
a) provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;
b) ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.
21 Article 26 Implementation and Monitoring
1. States Parties shall ensure the implementation of this Protocol at national level, and in their periodic reports submitted in accordance with Article 62 of the African Charter, indicate the legislative and other measures undertaken for the full realisation of the rights herein recognised.
2. States Parties undertake to adopt all necessary measures and in particular shall provide budgetary and other resources for the full and effective implementation of the rights herein recognised.
Article 27 Interpretation
The African Court on Human and Peoples' Rights shall be seized with matters of interpretation arising from the application or implementation of this Protocol.
Article 28 Signature, Ratification and Accession
1. This Protocol shall be open for signature, ratification and accession by the States Parties, in accordance with their respective constitutional procedures.
2. The instruments of ratification or accession shall be deposited with the Chairperson of the Commission of the AU.
Article 29 Entry into Force
1. This Protocol shall enter into force thirty (30) days after the deposit of the fifteenth (15) instrument of ratification.
22 2. For each State Party that accedes to this Protocol after its coming into force, the Protocol shall come into force on the date of deposit of the instrument of accession.
3. The Chairperson of the Commission of the AU shall notify all Member States of the coming into force of this Protocol.
Article 30 Amendment and Revision
1. Any State Party may submit proposals for the amendment or revision of this Protocol.
2. Proposals for amendment or revision shall be submitted, in writing, to the Chairperson of the Commission of the AU who shall transmit the same to the States Parties within thirty (30) days of receipt thereof.
3. The Assembly, upon advice of the African Commission, shall examine these proposals within a period of one (1) year following notification of States Parties, in accordance with the provisions of paragraph 2 of this article.
4. Amendments or revision shall be adopted by the Assembly by a simple majority.
5. The amendment shall come into force for each State Party, which has accepted it thirty (30) days after the Chairperson of the Commission of the AU has received notice of the acceptance.
Article 31 Status of the Present Protocol
None of the provisions of the present Protocol shall affect more favourable provisions for the realisation of the rights of women contained in the national legislation of States Parties or in any other regional, continental or international conventions, treaties or agreements applicable in these States Parties.
23 Article 32 Transitional Provisions
Pending the establishment of the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights shall be seized with matters of interpretation arising from the application and implementation of this Protocol.
Adopted by the 2nd Ordinary Session of the Assembly of the Union

Maputo, 11 July 2003

24 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA
1. People’s Democratic Republic of Algeria
……………………………………………………….. 2. Republic of Angola
………………………………………………………… 3. Republic of Benin
………………………………………………………… 4. Republic of Botswana
………………………………………………………….. 5. Burkina Faso
…………………………………………………………. 6. Republic of Burundi
………………………………………………………….. 25 7. Republic of Cameroon
………………………………………………………….. 8. Republic of Cape Verde
………………………………………………………… 9. Central African Republic
………………………………………………………….. 10. Republic of Chad
………………………………………………………….. 11. Union of the Comoros
……………………………………………………………… 12. Republic of the Congo
………………………………………………………… 26 13. Republic of Côte d’Ivoire
………………………………………………………….. 14. Democratic Republic of Congo
……………………………………………………………. 15. Republic of Djibouti
………………………………………………………….. 16. Arab Republic of Egypt
………………………………………………………….. 17. State of Eritrea
………………………………………………………….. 18. Federal Democratic Republic of Ethiopia
………………………………………………………….. 27 19. Republic of Equatorial Guinea
………………………………………………………….. 20. Republic of Gabon
………………………………………………………….. 21. Republic of The Gambia
………………………………………………………….. 22. Republic of Ghana
………………………………………………………….. 23. Republic of Guinea
………………………………………………………….. 24. Republic of Guinea Bissau
……………………………………………………………… 28 25. Republic of Kenya
……………………………………………………………. 26. Kingdom of Lesotho
……………………………………………………………… 27. Republic of Liberia
……………………………………………………………. 28. Great Socialist People’s Libyan Arab Jamahiriya
……………………………………………………………. 29. Republic of Madagascar
…………………………………………………………… 30. Republic of Malawi
……………………………………………………………. 29 31. Republic of Mali
……………………………………………………………. 32. Islamic Republic of Mauritania
……………………………………………………………. 33. Republic of Mauritius
………………………………………………………….. 34. Republic of Mozambique
………………………………………………………….. 35. Republic of Namibia
……………………………………………………….. 36. Republic of Niger
………………………………………………………….. 30 37. Federal Republic of Nigeria
………………………………………………………….. 38. Republic of Rwanda
………………………………………………………….. 39. Sahrawi Arab Democratic Republic
………………………………………………………….. 40. Republic of Sao Tome and Principe
…………………………………………………………… 41. Republic of Senegal
…………………………………………………………… 42. Republic of Seychelles
………………………………………………………….. 31 43. Republic of Sierra Leone
………………………………………………………….. 44. Republic of Somalia
……………………………………………………………. 45. Republic of South Africa
………………………………………………………….. 46. Republic of Sudan
……………………………………………………………… 47. Kingdom of Swaziland
………………………………………………………….. 48. United Republic of Tanzania
………………………………………………………….. 32 49. Republic of Togo
……………………………………………………………. 50. Republic of Tunisia
……………………………………………………………. 51. Republic of Uganda
………………………………………………………….. 52. Republic of Zambia
………………………………………………………….. 53. Republic of Zimbabwe
……………………………………………………………

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