gender.15 The Political Parties Act 2011 of Kenya also provides opportunities for women to enter into
politics.
In Rwanda, the Constitution requires that 30% of decision-making positions should be occupied by
women.16
In Malawi, the Gender Equality Act also introduces quotas in the Public Service. According to
Section 11 of the Act, “Notwithstanding anything contained in the Public Service Act and subject to
subsection (2), an appointing or recruiting authority in the public service shall appoint no less than
forty percent (40%) and no more than sixty percent (60%) of either sex in any department in the
public service.”17
In 2014, the President of the Democratic Republic of Congo signed ‘a law requiring that women
make up 30 percent of each party’s slate of candidates for local or legislative elections’. 18 Although
this is not in line with gender equality which requires that men and women are equally represented,
it can be considered as a step towards the implementation of the rights in the Maputo Protocol.
Access to justice:
In South Africa, for example, the Constitution states that everyone has the right to access the courts
in pursuit of justice. Thus South African women are guaranteed of equal protection before the law as
enshrined in section 9(1) of the Constitution which provides that ‘everyone is equal before the law
and has the right to equal protection and benefit of the law’. 19
Labour rights:
Labour rights have for a long time been a struggle for women. In Sierra Leone, strides have been
made in ensuring and guaranteeing women’s right to work- examples include, measures such as paid
maternity leave or leave with social security benefits. In addition, Sierra Leone has taken certain
measures to protect women in many areas including guarantees against dismissal for working
mothers, irrespective of their marital status during a reasonable period before and after childbirth.20
In Namibia, the Labour Act, Act No. 11 of 2007, makes explicit provision for maternity benefits. It
outlaws discrimination in workplaces on the basis of pregnancy and HIV and AIDS status, and
prohibits sexual harassment.21
The right to education:
Implementing the Protocol on the Rights of Women in Africa: Analysing the Compliance of Kenya’s Legal Framework
available on http://www.soawr.org/sites/default/files/ml-implementing-protocol-womens-rights-africa-010314-en.pdf
16 Maputo Protocol, A journey to equality available on
http://www.equalitynow.org/sites/default/files/MaputoProtocol_JourneytoEquality.pdf 49
17 http://www.achpr.org/files/sessions/58th/state-reports/6th-2011-2014/namibia_state_6th_periodic_report.pdf 75
15
Republic
of
the
Congo
2014
Human
Rights
Report
(2014)
http://www.state.gov/documents/organization/236560.pdf (accessed on 14 March 2016).
18
21
available
at
19South
Africa Constitution Section 9.
http://www.achpr.org/files/sessions/57th/state-reports/1st-1983-2013/sierra_leone_state_report_eng.pdf 22
21 http://www.achpr.org/files/sessions/58th/state-reports/6th-2011-2014/namibia_state_6th_periodic_report.pdf 50
20
9