FOROYAA Newspaper (Serrekunda)
Sam Sarr
12 July 2008
opinion
The African Centre for Democracy and Human Rights Studies, in collaboration with US Embassy in The Gambia, held a 3 day sensitisation workshop for legal practitioners. The outcome is rewarding. There is a call for greater networking between the bar and the bench. The 3 day sensitisation workshop has exposed the participants to learn about the International human rights instruments on procedures for women. It has also shown the benefits Judicial Activism can play in the women's struggle for fundamental rights and freedoms.
The Gambia has ratified the CEDAW, since 1992, but has not domesticated it into its domestic law to protect women and girls. The Gambia has also ratified the Women Protocol in 2005 but is yet to domesticate it into its domestic law. The proposed women's bill is a welcome move.
We the activists are calling on parliament to pass it into law.
The Gambia has to comply with its international obligations.
The legal practitioners have come up with an Action Plan which will settle the immediate and future problems. The activists will be monitoring them.
The workshop has enlightened participants about how the processes in African Commission can be accessed to; the role of the Special Rapporteur for Women Affairs. The Action Plan is calling for greater networking among the stakeholders, especially the judiciary and Special Rapporteur for Women Affairs. The Action Plan's main objective is to activate Judicial Activism. Gender has to be mainstreamed into policies, programmes, processes, frameworks and institutional mechanisms. When the Judiciary is well sensitised on gender mainstreaming, then all the women rights' violations will have a fair hearing.
Victims would no longer be bogged with 'What was she doing there? What was she wearing?' There will no longer be excuses to villainate the victims.
To ensure accountability and transparency to address women issues, the CEDAW and the Protocol have to be domesticated through the women's bill to be slated soon before the National Assembly. Everybody should push for domestication. It is an obligation on Government to protect its women and other marginalised groups.
The workshop realised this important stakeholder, the legal practitioners. Judicial Activism will move the women struggle to a higher plane.
The organizers, the African Centre and the US Embassy commended government support to ensure that the workshop was a great success.
Update on the Status of the Women Protocol
43 countries have signed
23 countries have ratified
There are 53 countries in Africa but Morocco has opted out of the African Union giving us a total of 52 countries when we assess the Women Protocol. Under International law states are obliged to fulfill their obligations. They cannot hide under their domestic laws.
The Vienna Convention Article 27 states that: "States cannot rely on provisions of their domestic laws in order not to abide by their obligations under international laws."
African states who have signed and ratified should domesticate to safeguard rights of women and children of Africa.
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