House Chairperson, hon Ministers - I see two of them are still here - Deputy Ministers present, hon members, I greet you. I am humbled but at the same time it gives me great pleasure to participate in this important debate today as we celebrate Africa Human Rights Day, which was a recommendation by the African Commission on Human and Peoples' Rights in April 1986. The Chief Whip of our party, the ANC, spoke ably about the historical background.
But I must indicate that as far back as 1943, the ANC played a leading role in the development of the African Charter and the drawing up of a bill of rights for the African continent which promoted democracy; development; respect for human rights; fundamental freedoms, including the rights of women and children; and the elimination of conflicts which have a negative effect on both sexes, particularly women.
In South Africa, being an integral part of Africa, it is like the saying goes: "Charity begins at home." We at the southern tip celebrate Human Rights Day on 21 March annually. To reflect on that day, which has a long history of apartheid, is of critical importance to all South Africans. That day is associated with atrocities; massacres; oppression; and the banning of the liberation movements, including the ANC and the consequent devastation of the lives of all South Africans.
Women's rights are human rights. Black women in South Africa, regardless of their status in life, experienced triple oppression. They faced oppression not only because of their race, but also because of their gender. Women received lower wages than their male counterparts and they were always the first to be retrenched. As opposed to men who played a productive role, heading households and determining the status of women, the traditional role of women was that of being a reproductive being, rearing children and working in the homestead.
With the dawn of the new democracy in 1994, the interim Constitution of South Africa made the discriminatory roles and some of the legacies of patriarchy a thing of the past. A legal framework was put into place. The Bill of Rights of South Africa's Constitution to me is but an extension of the Freedom Charter which was adopted at the true congress of the people on 26 June 1955. The Bill of Rights is in line with the objectives as spelt out in the African Charter on Human and Peoples' Rights.
The African Charter on Human and Peoples' Rights was adopted on 27 June 1981 by member states of the Organisation of African Unity. It is in line with the ANC's quest for a better Africa and a better world, namely, that there shall be peace and friendship.
Looking at postcolonial Africa, it has always been subjected to dictatorships, armed conflict, ethnic wars and genocide resulting in the displacement of our people. Wars and armed conflict in Africa continue to make women vulnerable to rape and violence, HIV and Aids, starvation and slavery. Furthermore, because of cultural practices like Sharia law, women are sometimes perceived to bring dishonour to their families and can be murdered. This happens in spite of the fact that there is a protocol in place on the African Charter on Human and Peoples' Rights.
This protocol recognises socioeconomic and cultural rights for both men and women since it speaks to peoples' rights. This includes the right to freedom from discrimination, equality of persons, freedom from slavery, the right to a fair trial and freedom of religion. However, these rights are considered by learned scholars to be inadequate since, among other things, the right to privacy and the right to freedom from forced labour are not explicitly recognised. This protocol was adopted in 2003 and enforced in 2005. It is in line with the Convention on the Elimination of All Forms of Discrimination against Women, Cedaw.
The SADC Protocol on Gender and Development of 2007 is a ground-breaking instrument of member states to elevate the Declaration on Gender and Development as legally binding on member states. Activists both in our country and in the region hail this protocol as an important step towards the full empowerment of women.
Timelines attached to its goals include gender equality and equity in all national institutions; the repeal of discriminatory laws; and 50% female representation in political and decision-making bodies by 2015.
Although gender-based violence is identified in the protocol, it does not address marital rape which is a common feature of domestic violence. I think it will be important for all members to read these protocols, know and understand them.
I would like to recount something that happened not so long ago. The Sharia law in Nigeria sentenced a woman to death by stoning for having sex out of wedlock. There was a loud outcry from the outside world because Sharia law codified unjust and unequal treatment for men and women in such cases.
The ANC Women's League ran a campaign to withdraw the death sentence and appealed for the acquittal of Amina Lawal of any wrongdoing. The campaign was successful and she was acquitted, thanks to the contribution of the ANC Women's League which was proactive with the human rights activists that regarded the punishment not only as barbaric but severely discriminatory against women.
Similarly, I wish to remind the House about the execution of a South African citizen in Botswana by hanging a couple of years ago. Clearly these executions are contrary to the spirit of Africa Human Rights Day, the African Charter on Human and Peoples' Rights, and the Constitution of South Africa and cannot be condoned. We commend the ANC Women's League for being so proactive on issues regarding human rights in Africa. But as the ANC government we have our own role to play with regard to Chapter 9 institutions as enshrined in our Constitution.
Let me conclude by saying that as the Portfolio Committee on Women, Children and People with Disabilities we were privy to an input that would advance the struggle of women on the African continent in particular, and the global village in general, to deepen human rights and to entrench democracy. Both the Commission on Gender Equality and the SA Human Rights Commission have shortcomings in relation to their constitutional mandates, and as Parliament we should engage them. I thank you. [Applause.]