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66 J.L. Pol'y & Globalization 1 (2017)

handle is hein.journals/jawpglob66 and id is 1 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.66, 2017 An Analysis of the Challenges of Implementing Women's Rights under International Instruments in Africa Benson Omoleye Olukayode LL.B, B.L, LL.M Senior Lecturer, Faculty of Law, Public Law Dept., Ekiti State University, Ado-Ekiti, Nigeria Abstract The paper examines the challenges which continue to hamper effective implementation of international instruments on Women's Rights in Africa. The challenges include ingrained cultural practices and beliefs, oppressive socio-economic and political systems and wide spread poverty which especially weakens women's capacity to enforce the rights under these instruments in Africa.It proposes measures that will promote gender equality more effectively and enhance the realization, in concrete terms, woman's rights under these instruments particularly the Convention for 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. 1.0. Introduction The promotion and protection of women's rights in Africa continues to be hindered by deep-seated and ingrained cultural practices and beliefs, oppressive socio-economic and political systems, religious bias and economic underdevelopment. Africa women have been and still subjected to inequalities in virtually all fields- political, social, economic and cultural.' Discrimination against women in Africa is largely rooted in the historical evolution of its cultures and this has tended to slow down the momentum of women's rights in the continent. The growing and relentless global clamour to accord women equal status and rights with their make counterparts2 in every facet of human endervour seems to have made very limited impact. The concept of gender equality has not resonated well in the continent. There is a need to push more vigorously women's rights and a new strategy devised that will enhance the realization and enjoyment of their rights in the continent. This paper examines the challenges in the way of women's rights in Africa, appraises the existing legal instruments on women's rights and proposes measures that will promote more effectively gender equality while reducing the tension between cultural values which are uniquely African and women's rights whose intrinsic nature and contents emanated from different socio-economic and cultural environments. 2.0. An Overview of International Crusading for Women's Rights. The United Nations Declaration of Human Rights in 19483 was a significant milestone, on broad multilateral platform for proclaiming gender equality and condemning discrimination against women. Although the declaration is not in itself a legal instrument in the mould of treaty or convention, it has been described as having considerable legal effect4 and by some jurists as part of the law of the United Nations.' More importantly, the Declaration has inspired a number of multilateral treaties, conventions6 and conferences specifically directed at institutionalizing gender equality and formulating and promoting women's rights. These included but not limited to the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on June 25, 1993', the Beijing Declaration and Platform of Action adopted by the Fourth United Nation World Conference on Women, 4-15 September, 1995'; Convention on the Rights of Women 1953; Convention for the Elimination of All Forms of Discrimination against Women 1979;. 'Osita Eze, Human Rights in Africa: Some Selected Problems, Macmillan Publishers, Ltd, 1984, P. 141. 2 There have been several landmark Declarations, Conventions/Treaties such as the Declaration for the Protection of Women and Children in Emergency and Armed Conflict 1974; Declaration on the Elimination of Violence against Women 1993; Beijing Declaration and Platform for Action, Fourth World Conference on Women; Action for Equality, Development and Peace 1995; Convention for the Elimination of All Discrimination against Women 1979; Convention on the Political Rights of Women 1953; Optional Practical to the Convention on the Elimination of Discrimination against Women 1999; Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003; Declaration on the Elimination ofviolence against Women 1993; e.t.c. Resolution 217 (iii) December, 1948 4 Ian Brownlie and Guy S. Goodwin - Gill, Basic Documents on Human Rights, 5t Ed, Oxford University Press, London, P. 23. 5 Ibid. 6 Such as International Covenant on Civil and Political Rights (ICCPC) and International Covenant on Social Economic and Cultural Rights (ICSECR). 7UN doc.A/CONF.157/23, 12t' July, 1993. UN doc.A/CONF.177/20, 17th October, 1995. 1 Journal of Law, Policy and Globalization mawl

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