Maputo Protocol requires member states to end violence against women and girls, improve access to and control of finances, land, education, health, information, services, sciences and technology, and decision-making in political governance and business enterprises
By Ndung’u Wainaina
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol on Women’s Rights, is celebrating its 20th anniversary. The Protocol provides comprehensive rights for African women and girls. The Protocol guarantees extensive rights to women, including the right to participate in the political processes, social and political equality with men, improved autonomy in their reproductive health decisions, and an end to harmful traditional practices. Africa has committed to resolving and ending violence against women and girls, improving access to and control of finances, land, education, health, information, services, sciences and technology, and decision-making in political governance and business enterprises.
As of June 2023, 44 out of 55 African Union Member States have ratified the Maputo Protocol on Women’s Rights. The Constitution of Kenya enshrined a binding constitutional commitment to gender parity and affirmative action both for women and men. It elevated the voices, protection, and empowerment of women and youth.
Linda Katiba stands not only for gender parity but also for the support and development of empowering women in all sectors of our economy. It reinforces the charge that when humanity harnesses the force of and truly empowers women, it has an exponentially positive effect on any society.
Full gender equality and women’s empowerment are at the heart of the Linda Katiba Movement. Women form the bedrock of the country’s informal sector and agrarian rural economy. Women are wielding creativity and entrepreneurial thinking in so many ways. On all fronts, there is a rising tide for empowered, entrepreneurial women.
Despite the increased number of women in paid employment, women remain disproportionately represented in vulnerable jobs and occupy crucial space in the informal sector economy.
Kenya ranks 109 out of 153 countries in the 2020 Global Gender Gap rankings of the World Economic Forum. In the rankings of the United Nations Development Programme (UNDP), using the Gender Inequality Index, Kenya ranks 137 out of 189 countries ranked best to poorest performers.
Further, according to the 2019 Kenya Population and Housing Census (KPHC), women comprise 50.5 percent of the total 10 population in the country. Nevertheless, their representation across well-being indicators is different from men’s. To begin with, women are more likely to be poor than men.
The latest Kenya National Bureau of Statistics (KNBS) and United Nations Children Fund (UNICEF) 2020 Comprehensive Poverty Analysis report shows that 65 percent of women aged 35-59 years are multidimensionally poor compared to 56 percent of their male counterparts.
The KNBS Economic Survey 2019 data shows women are underrepresented in wage employment, comprising slightly above a third (37%). Similarly, they are underrepresented in most sectors of formal employment. In addition, they are 13% overrepresented in vulnerable jobs at 68% compared to 39% of men.
Women suffer from what can be called “time poverty”. Women carry a disproportionate burden of unpaid care work, which deprives them of the time needed for jobs and livelihoods, education and skills training, and participating in public life.
Women’s poverty and economic exclusion are often compounded by non-income issues, including lack of access to education and training, health care, and water and sanitation. Inequalities in access to reproductive health care are stark. Determined action at County and national levels is needed to develop and implement laws and policies that integrate women’s empowerment with the drive for sustainable development. No country can reach its full potential without doing that.
The country is facing momentous challenges. We will need all the economic productivity, dynamism and ingenuity we can get in the years ahead.
A vital part of the solution is unlocking and unleashing the economic power of women. It brings the country’s largest excluded group into the economic and political power fold.
There are three interlinked dimensions in conversations on empowering women: Do all women have equal access to, ownership of and control over land, property, productive assets and resources; Do all women enjoy economic Autonomy or complete ability to freely assert their independence and make their life and career choices; and Do all women have equal and full opportunity to exercise their agency, voice, participation and leadership in decision making in all economic areas in public and private sectors, in their communities and their homes.
Women everywhere face barriers to flourishing and achieving their potential. Gender gaps in labour force participation exist all over. When women do participate, they tend to be stuck in low-paying, low-status jobs.
Women are overrepresented in less secure jobs such as informal, temporary, or part-time work. This is partly because they want more flexible work options and are locked out of higher-status careers.
Women are locked out of leadership positions both public and private sectors, where gender seems to matter more than ability. We need to do more to empower women and girls in every way so that they realize their own potential and in turn take full advantage of women power and the vast reservoir of capabilities they represent.
Our economy needs to be using its productive resources more effectively. It is tossing away economic growth power when it cannot afford such wanton waste.
The benefits of greater inclusion are clear not just for women, but for all of us. Women are the ultimate agents of aggregate demand, accounting for 70 percent of consumer spending. So if we want economic productivity and inclusivity, let us put women in the driver’s seat. There is a big ripple effect in income per capita when we raise the women labour force participation in our economy.
We must change the economic policies, laws and institutions, and attitudes and culture. We must adopt a more gender-inclusive economy. We know the benefit this yields. If we want a strong and bright economic future, we need strong and bright women to help drive it. That means all strands of society need to embrace inclusion.
Unlocking women power embodies all the capabilities, resourcefulness and knowledge for business and economic rejuvenation. It enables empowered women to work equally in all the productive sectors—agriculture, manufacturing, services and technology- in the higher echelons and the horizontal and vertical aspects of value and supply chains, trade and investment networks, finance not only micro-finance and entrepreneurship.
Women’s economic empowerment is the right and smart investment to reap the full harvest of gender equality and women’s empowerment force multiplier which is—today and forever—the most promising, untapped and highest return area of investment. It is indispensable for poverty eradication, inclusive, sustained and rapid economic growth, reducing inequality and leaving no one behind and sustainable development.
Empowering women economically, fully deploying their productive energies and enhancing their purchasing power is potentially the biggest emerging market. For universal and quality public service provision, for vibrant enterprises and businesses and for technology and innovation leaps, women are an essential talent pool that can bring something special with value added to the economy. There is also a major part of the young women demographic dividend that we are in a privileged position to reap.
This is a pivotal political moment for gender equality and women’s empowerment. Full gender parity in decision making bodies is absolutely essential. This entails dismantling barriers to gender equality and women’s empowerment. Country does not need amending the Constitution. We must facilitate women’s meaningful contributions to the communities they live in. This means enhancing women’s political, social, economic and financial inclusion.
It is important that women can participate in the decisions which affect their lives, and that the barriers and discrimination which stand in the way of women are removed. Women will and must sit at the helm of economic governance system.
Linda Katiba robustly demands and pushingfor the achieving irreversible progress towards gender equality. This entails dismantling barriers to gender equality and women’s empowerment. The Linda Katiba Movement stands for equal opportunity and equity for all.
Linda Katiba capacity builds and facilitates women’s meaningful contributions to the communities they live in. That means enhancing women’s social, economic and financial inclusion. It means providing true protection against violence. And it means making sure women and girls are encouraged to develop scientific skills and ensuring that they have access to innovation and technology. This can help close the gender digital divide and promote access for women to high-quality jobs. This is a battle we must win if not we risk to reverse all the trends for gender equality of the last decades in a future Kenya.
“Over the past two decades, the Maputo Protocol has actively contributed to improving the lives of millions of women and girls across Africa by fostering their social and financial empowerment and nurturing an environment of gender equality. Key to this is the vital role it has played in amplifying women’s voices and enhancing their participation in political processes,” says Faiza Mohamed, Africa Regional Director for Equality Now.
“The Protocol has driven significant progress in combatting violence against women and girls. By recognizing and condemning all manifestations of gender-based violence, including harmful practices such as child marriage and female genital mutilation, the Protocol has helped shape effective legislative frameworks and policies, promote prevention, and provide access to justice and support to survivors.”
In tandem, Linda Katiba supports women equal access to land, credit, and assets; guarantee equal pay for similar work; and strengthen labor protections. It is promoting jobs and livelihoods creation, skills training, and entrepreneurship programmes which target women; and ensuring that social protection meets women’s needs across unemployment and health insurance.
Linda Katiba is seizing all opportunities to anchor gender equality and women’s empowerment as the core driver of not only the agenda of economic democracy, decent life and economic power to all Kenyans equally, but more critical ensuring women sit in all tables of crucial decision making. This accords women the greatest opportunity for women to determine the future equal, just and inclusive Kenya society as per the Constitution of Kenya 2010
It is also critical that County Governments legislate and establish County Economic Inclusion Forum as a platform to enable and facilitate the voice, agency and avenue for women, youth, persons with disability and minority groups to fully engage and meaningfully participate in key economic and financial decision making processes in county governance. The Kenya Kwanza Government must honour and implement its commitment to women empowerment promises pledged under the Kenya Kwanza Women Commitment Charter.
Finally, on a broader view, more advocacy is needed to ensure the remaining countries ratify the protocol, and that those that have those who have ratified it fully domesticate and implement its provisions.
As Ms Mohamed says, “all African Union Member States that have not yet ratified the Maputo Protocol to do so promptly, demonstrating their commitment to advancing women’s rights and gender equality. We must invest in women’s empowerment, and fostering an environment where every African woman and girl can thrive, free from discrimination, inequality, and violence.”
Writer is Transitional Justice and Human Security Fellow; @NdunguWainaina
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