This Protocol, concluded by the members of the Southern African Development Community and referring in its Preamble to Article 6(2) of the SADC Treaty, principally aims at the empowerment of women, the elimination discrimination and the achievement of gender equality and equity through the development and implementation of gender responsive legislation, policies, programmes and projects in SADC countries. It requires Parties to adopt and harmonise national legislation, policies, strategies and programmes with relevant regional and international instruments related to the empowerment of women and girls for the purpose of ensuring gender equality and equity and to undertake other specified action towards gender equality, gender equity and gender mainstreaming. They shall also enact and enforce legislation prohibiting all forms of gender based violence. Parties pledge to enshrine gender equality and equity in their Constitutions and ensure that these rights are not compromised by any provisions, laws or practices. They shall also put in place affirmative action measures with particular reference to women in order to eliminate all barriers which prevent them from participating meaningfully in all spheres of life and create a conducive environment for such participation. The Protocol requires Parties to, among other things, to review all policies and laws that determine access to, control of, and benefit from, productive resources by women in order to: 1. end all discrimination against women and girls with regard to water rights and property such as land and tenure thereof; (b) ensure that women have equal access and rights to credit, capital, mortgages, security and training as men; and (c) ensure that women and men have access to modern, appropriate and affordable technology and support services. Parties shall: (a) provide appropriate remedies in their legislation to any person whose rights or freedoms have been violated on the basis of gender; and (b) ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided by law. As for equality in access to justice, Parties shall, among other things, equal legal status and capacity in civil and customary law, including, amongst other things, ensure full contractual rights, the right to acquire and hold rights in property, the right to equal inheritance and the right to secure credit. The Protocol also concerns employment in the agricultural sector.
2008-01-01