Regional: Existence of plural legal systems compromising women’s realisation of their rights in SADC, Barometer 2012

According to the 2012 SADC Gender Protocol Barometer, most SADC Constitutions enshrine non-discrimination generally as well as non-discrimination based on sex. Nine SADC constitutions provide for the promotion of women and seven have other provisions that relate to gender equality.

Women and men gave their governments 62% and 61% respectively using the Citizen Score Card (CSC) that gauges citizen perceptions of progress made thus far. There is no SGDI score for this sector. Mauritius scored highest and Tanzania lowest. The latter could reflect the critical engagement of citizens in the East African country.

Constitutional reviews have taken place or are about to take place in seven SADC countries. Activists in Zimbabwe and Zambia (that has coined the slogan “no women, no constitution”) have been especially active in demanding gender responsive constitutions, especially the removal of contradictory clauses that undermine women’s rights. Tanzania is the latest country to announce a Constitutional Review. Women there are gearing for action on this front.

Demands for affirmative action in line with the SADC Gender Protocol feature strongly in all countries. Mauritius amended its constitution to make way for a quota for women in the upcoming local elections. This has opened the possibility of Mauritius signing the SADC Gender Protocol. South Africa has a draft Gender Equality Bill that enshrines many of the provisions of the SADC Gender Protocol but the Traditional Courts Bill threatens many of these potential gains.

Abortion, sex work, marital rape and sexual minorities do not feature in the SADC Gender Protocol, but there is important progress on this front. Mauritius has adopted a law legalising abortion in certain circumstances. Mozambique has outlawed discrimination based on sexual orientation in the work place. Leaders in Malawi and Mauritius have made progressive pronouncements on LGBTI rights. Justice budgets are notoriously gender blind. The challenge for gender focal points in government and civil society organisations is to detect and use opportunities like Constitutional Review Processes to score strategic goals for gender equality. Click here to the Constitutional and legal rights chapter