traditional mecanisms of conflict settlement that lead to continuous discriminatory practices against
women within the family regarding child custody, inheritance,and in particular regarding the access to
land; inefficient laws on judicial assistance.
Marriage and inheritance: prevalence of traditional law over moder law, hence persistence of traditional
discriminatory practices towards married women and widows (early marriages, dispossession of assets
belonging to widows)
4. Responses of the African system of human rights
In 1987 the African Commission of Human and Peoples’ Rights (ACHPR) was established as a
way to preserve the rights guaranteed in the African Charter, in Banjul, Gambia.
Double mission of the ACHPR: promotion and protection of human and peoples’ rights
In its missions, the ACHPR shall, a.o.:
formulate and lay down principles and rules aimed at solving legal problems relating to
human and peoples’ rights and fundamental freedoms (article 45 of the Charter)
Communications and complaints
The ACHPR receives and examines complaints coming from individuals and NGOs
regarding the violations of their rights as guaranteed by the Charter and the Protocol (art.
56 of the Charter)
To day, the Commission examined 259 communications and complaints against 44
State Parties.
In reality, despite the massive violations of the rights of women, to date, only one
communication or complaint was referred to the court; it came from an NGO
(Association of the Lawyers of Ethiopia) on behalf of a girl whose rights had been
violated
Communication 341/07 Equality Now vs Ethiopia (early marriage) is currently
being examined
The ACHPR adopted several resolutions on the rights of women, some of which are also about
women belonging to minorities
Resolution on the situation of women and children in Africa (2004)
Resolution on the UN Declaration on Indigenous Peoples (2007)
Resolution on maternal mortality in Africa (2008)
Resolution on the protection of the rights of Indigenous women in Africa (2011)
Creation of subsidiary mechanisms within the ACHPR:
Special rapporteurs and working groups: two of them work on the issue of minority
women