Introduction

International and continental instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) are vital in shaping the gender and development agenda for the realisation of women’s and girls’ rights and the subsequent improvement of their lives. The Maputo Protocol is lauded as a groundbreaking, progressive, and legally binding human rights instrument on women’s and human rights. While the Maputo Protocol has been used in successfully litigating landmark cases in African courts and has influenced some positive legal developments in the region such as in Rebeca Z Gyumi v. Attorney General in Tanzania and Rosaria Mashita Katakwe v. Hakasenke et al in Zambia, it has not entirely changed the reality of African women and girls as a collective. At the Southern African Development Community (SADC) level, the Protocol on Gender and Development (the Protocol) is critical for advancing gender and development amongst Member States. This article explores the importance of localising the implementation of the SADC Protocol on Gender and Development at the grassroots level, highlighting the potential for furthering SADC’s development agenda, particularly for women and girls in the region.    

The Effect of the Protocol

The SADC has signed into effect several protocols that provide guidelines on Member States’ cooperation in furthering the SADC agenda of promoting socio-economic development in the region. The Protocol on Gender and Development is one such instrument adopted by Member States in 2008. It came into effect in 2013 and was revised in 2016. The objectives of the Protocol, as outlined in Article 3 are to provide for women’s empowerment; the harmonisation of the implementation of instruments relevant to the Protocol; to address emerging gender issues and concerns; to set indicators for achieving gender equality and equity; to measure the progress made by Member States towards reaching the targets and goals set out in this Protocol; and to deepen regional integration, attain sustainable development and strengthen community building. The SADC Protocol on Gender and Development stands as a symbol of gender equality and women's empowerment in the region.

The Significance of the Implementation of the Protocol Being Locally Led at the Grassroots Level

Locally led development refers to the various actors at the grassroots level setting their own agendas, developing solutions and bringing the capacity, leadership, and resources necessary to make those solutions a reality. With any policy intervention or legal instrument, gaps in translating these instruments into meaningful change are often a danger. In this case, the success of this Protocol depends not only on its formulation, but also on its practical implementation at the grassroots level with context-specific interventions grounded on the understanding that the realities in the various Member States are different and that every community in the same Member State presents its own set of unique dynamics. For the heart of the Protocol to beat in the lives of the people it is meant to serve, it should not remain as another abstract that has not found its way to the grassroots level. Tools that are far removed from the existence of the people in communities remain as just that: tools that never impact the lives of community members. Successfully implementing this Protocol at the grassroots level requires a locally led approach to ensure effective and sustainable results.

A case in point is the 2023 World Population Review statistics which placed Botswana, Lesotho, and South Africa as some of the countries with the highest incidents of rape worldwide. This is despite the fact that these countries have made some strides in line with various provisions embedded throughout the Protocol that oblige Member States to enact and enforce legislation prohibiting all forms of gender-based violence, as well as to develop strategies that prevent and eliminate all forms of gender-based violence. The Counter Domestic Violence Act was passed into law in June 2022 in Lesotho. Additionally, South Africa has various GBV laws and frameworks, including the National Strategic Plan on Gender-Based Violence and Femicide (GBVF). However, the harrowing rape statistics tell a different story, one which paints a clear picture that a top-bottom approach will not bear much fruit in leveraging the Protocol. If such strategies are developed locally, communities will take ownership of ensuring that these result in measurable change on the ground.

Steps Towards Locally Led Implementation at the Grassroots Level

The SADC region boasts a rich cultural mosaic with various languages such as Lozi, Ndebele, Shona, Sesotho, English, and Afrikaans to name a few. However, similarities exist across the various Member States, such as the prevalence of patriarchy, a societal system that perpetuates gender inequality, as well as the prevalent societal norms and negative cultural and religious practices that further reinforce the stereotype that men and boys are superior to women in all spheres of life. While the Protocol provides a regional framework for gender equality, its true impact can only be realised when implementation strategies are tailored to these diverse grassroots communities' unique and specific needs and realities. The context, gender, and development priorities in the community of Sandton in Johannesburg (South Africa) are different from those of Naledi in Gaborone (Botswana) and Malindela in Bulawayo (Zimbabwe). Contextualising the gender and development issues at the grassroots level allows communities to respond to their specific socio-cultural landscapes.

Community engagement is key in fostering community involvement and ownership of the implementation process. Local communities must be actively engaged in decision-making and planning. Mapping out the local norms, practices, actors, and power dynamics enables the development of targeted strategies that resonate with the community’s own identity. This mapping process also allows the communities to develop a baseline of their context, including knowledge about the Protocol and its purpose at the grassroots level. Baselines will also provide data that can be used to measure the progress made toward achieving the goals set out. Women, men, boys, and girls, in all their diversity, must all be involved in the process to ensure that no one is left behind or excluded on the basis of their gender. This process will also result in attaining the buy-in from various stakeholders that will play a key role in furthering the work on the integration of the Protocol in the community’s plans and strategies. Governments play a key role in facilitating these engagements, including, but not limited to, community dialogues, workshops, and awareness–raising campaigns, and must ensure that they provide the necessary support, including resources, to these communities.  

Various initiatives must emanate from the community engagement process and the buy-in from community stakeholders. These include empowering community members to take ownership of these initiatives, which would ensure a greater likelihood of sustained interest and progress in implementing these gender-transformative programmes and strategies. Various stakeholders in the communities possess different knowledge and skills and can, therefore, commit to taking on a certain role or task.  Examples of this include local non-governmental organisations committing to developing awareness-raising campaigns on the various aspects of the Protocol and community-based radio stations including segments on the Protocol in their programming. The various initiatives developed at the grassroots level present an opportunity for Member States to then integrate these in their national plans.

Conclusion

Adopting the locally led approach to implementing the SADC Protocol on Gender and Development at the grassroots level is a powerful catalyst for transformative change at the grassroots level. It recognises that the journey towards achieving gender equality and equity begins in local communities - in homes, schools, and other community settings. By tailoring strategies to the unique needs of grassroots contexts, the SADC region can turn the Protocol into a relevant document that catapults positive change, fostering a more inclusive and equitable future for all. With the support of their governments, communities have the capacity, strength, and resilience to play a key role in ensuring that the SADC Protocol on Gender and Development is brought to life in their communities.

References

1.       Consolidated text of Protocol on Gender and Development, 2016. https://www.sadc.int/pillars/gender-equality-women-empowerment

2.       TRALAC: Trade Law Centre. Retrieved February 17, 2024, https://www.tralac.org/resources/by-region/sadc.html

3.       World Population Review, Rape Statistics by Country, 2023. https://worldpopulationreview.com/country-rankings/rape-statistics-by-country

4.   USAID, What is Locally Led Development? https://www.usaid.gov/sites/default/files/2022-05/What_is_Locally_Led_Development_Fact_Sheet.pdf

5.       Omondi S, Waweru E, & Srinivasan D, Breathing Life into the Maputo Protocol: Jurisprudence on the Rights of Women and Girls in Africa (Equality Now, 2018) (page 42) https://equalitynow.storage.googleapis.com/wp-content/uploads/2018/04/16122236/Breathing_Life_into_Maputo_Protocol_Case_Digest-Jurisprudence_on_the_Rights_of_Women__and_Girls_in_Africa.pdf#page=54

6.       Rosaria Mashita Katakwe v. Hakasenke, et al. https://www.globalhealthrights.org/katakwe-rosaria-a-minor-by-and-through-her-guardian-and-nextfriend-petronella-mwamba-v-hakasenke-ors-2/