One of the barriers to attaining gender equality and equity in most African countries is gender-based violence (GBV).[1] In addressing GBV, the Southern African Development Community (SADC) Protocol on Gender and Development[2] articulates, in a more nuanced and peculiarly Southern African way, several violations of women’s rights, offering radical and practical ways of addressing such violations. The purpose of this article is to indicate how the SADC Protocol on gender and development can be leveraged to address GBV. There are a number of international instruments relevant to the SADC region, such as the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (the Maputo Protocol), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which focus on gender equality and equity. Significantly in 2008, 15 countries signed and ratified the SADC Protocol on Gender and Development. The Protocol takes signatory countries of the Protocol a step closer to finding home-grown, concrete ways of achieving gender equality and equity. This is demonstrated by the symbolic reversal of the trend of placing men before women, as all the Protocol's provisions begin with the female gender.

According to the SADC Protocol on Gender and Development, gender-based violence (GBV) refers to any action taken against individuals, whether women, men, boys, or girls, based on their gender, that results in or has the potential to lead to physical, sexual, psychological, emotional, or economic harm. This includes threats of such actions, as well as any unwarranted limitations or denial of fundamental freedoms in both private and public spheres, regardless of whether it is during peaceful times or situations of conflict.[3] Gender-based violence is known to be widespread in the (SADC) region. GBV presents a major obstacle to attaining gender equality and equity in a region that has otherwise seen a growth in democratic institutions, economic opportunities, and quality of life standard.

Articles 20-25 of the Protocol emphasises the need to address all forms of GBV. The Protocol identifies measures to address GBV and urges member states to enact and enforce legislation prohibiting all forms of GBV. Some of those measures include legal measures, social, economic, cultural and political practices, support services, measures against sexual harassment, training of service providers and adoption of integrated approaches.[4] Signatory countries to this Protocol have national laws and policies and prevention strategies which are in line with several articles in the Protocol. Southern Africa has various GBV laws which include South Africa's National Strategic Plan on Gender-Based Violence and Femicide (GBVF), Botswana's Gender-Based Violence Act of 2008 and Lesotho's Counter Domestic Violence Act of 2022.

There has been an undeniable change that stems from the implementation of these laws as derived from the Protocol. Examples are the treatment of victims of violence.[5] Article 20 provides that there needs to be comprehensive testing, treatment and care for survivors of sexual offences in view of the danger of HIV transmission and the issue of sexual harassment. The same Article provides for emergency contraception, access to post-exposure prophylaxis, and social/psychological rehabilitation of perpetrators of GBV.[6] In as much as there have been positive changes resulting from the implementation of this obligation, the Protocol is capable of so much more.

The preamble to the Protocol states that social, cultural, religious practices, attitudes and mindset continue to militate against the enjoyment of gender equality and equity. However, under Article 21, the Protocol urges its member states to develop strategies to prevent and eliminate all harmful social and cultural practices. Though there are laws in place to address these issues, a study conducted by the SADC Secretariat on the status of gender-based violence (GBV) in Southern Africa shows 70% prevalence.[7] These percentages are seen in our everyday life. Just recently a Kwazulu Natal metro cop was arrested after he allegedly stabbed his girlfriend inside a flat, took videos and pictures of her taking her last breath and then distributed them to several people, and uploaded them on social media.[8] In Lesotho, Botha Bothe, a 40-year-old man murdered and buried his mother in their residential home under a bed.[9]

All these women whose deaths differ geographically, among other factors, have one thing in common: they were all killed in countries where there are laws in place to prevent and address GBV, and where there are constant rallies, chants, talks, seminars and radio campaigns aimed at addressing issues of GBV, with little or no impact in the communities. These reports are an illustration of the ways in which patriarchal violence is cast over women in the face of progress being made. GBV is a pandemic in Africa that needs to be confronted for what it is. Its roots are deeply embedded in our cultures, beliefs and socialisation. No matter how progressive the SADC member states are becoming, we still live in a heteronormative society where women and young girls are practically regarded as nothing, while men are above women.

How can change be effected?

The Protocol in theory binds member states to ensure the implementation of the Protocol through national action plans. The expectation is that over and above the implementation through policy, there must be measurable timelines, monitoring and evaluation mechanisms with clear data collection and thorough analysis and information. Member states do not have adequate and effective national action plans to have an actual impact on the ground. There is a need to not only enact but also allocate more funds to ensure that there are cross-sectoral projects in place to educate people and disseminate laws in a language they can understand. GBV will continue to be an issue for as long as there is no change in our culture, beliefs and social encounters. There must be a new shift, a new language of knowledge of the law which in time will influence change.[10]  Our economy and labour markets are gendered to an extent that women are disproportionately affected by poverty which is generated by the injustice that results in GBV.[11]

Women in the workplace are victimised by men in leadership positions just to get hired, to keep their jobs and/or progress in their careers. The Protocol under Article 19 places an obligation on states to enact policies that ensure women and men have equal access to wages and employment in all sectors of the economy. A financially empowered woman is a liberated woman, as such, part of the national plan as stipulated by the Protocol is that the national plan must invest in women and girls and make them the center of everything. Additionally, Article 18 of the Protocol urges states to enact laws that give women access to, control of, and benefits of resources like land and property. In 2022, Lesotho enacted the Harmonisation of the Rights of Customary Widows with the Legal Capacity of Married Persons Act of 2022. Since its promulgation, customary widows are not only heirs to allocated property, but they also have ownership and control over such properties. Over and above these huge numbers of political participation and partial economic inclusion, we need more targeted funding programs which will empower women economically and allow them to participate fully in society. One example greatly ignored by most member states is an action plan stated under article16, to reconceptualize women’s labour which in turn is strengthened by Article 19(2)(c) and (d),which calls for legislation to remunerate and recognise the economic value of agricultural and domestic work.[12] Financial autonomy and a more substantial role in decision making processes create a society that is free from GBV.

CONCLUSION

It is evident in this discussion that the SADC Protocol on Gender and Development can influence the fight against GBV in the region. This article has laid bare the need for more implementation plans necessary which include more funding aimed at educating and engaging the community, challenging societal norms on equality which compromises the fight against GBV, a need for more grassroot projects aimed at empowering women and giving them financial freedom and a voice in society. Enactment of laws is not enough, without any action in place to better monitor and evaluate their effectiveness.

[1] As defined under Article 2 of the SADC Protocol on Gender and Development.

[2] Signed on 17th August 2008.

[3] Part 1,Article 1.

[4] SADC Model Law on Gender Based-Violence.

[5]Sections 10-14, of Counter Domestic Violence Act,2022.

[6]Munalula, M.M. “SADC Protocol on Gender and Development: Road Map to Equality,” [2021] SADC Journal, Vol.1, page 191-196.

[7] Mwale-Yoronku, D. 2023 “The Status of Gender-Based Violence in Selected Southern Africa Countries” Southern African Trust, 16 November. Available at https://knowledgehub.southernafricantrust.org.

[8] Patel,F.2024“Durban Metro Cop Shares Last Moments of Girlfriend After Stubbing”, The Citizen, 1 April. Available at:https://www.citizen.co.za/news/south-africa/crime/durban-metro-cop-last-moments-girlfriend-stubbing.

[9]Lmps.org.ls. Also available at: Https://Facebook.com/share/p/tkCegCrdMupgaokj/?midextid=oFDnk.

[10] Article 35 of the Protocol.

[11]Mahlatsi M, 2021 "Killers are also Real Men as Patriarchy Deems Them", Sowetan Live,8 February. Available at: https://www.sowetanlive.co.za.

[12] Ibid.