Abstract:
Abstract
The study interrogates how the African Union Peace and Security Architecture (APSA) implements women’s right to peace enshrined in both the African Charter on Human and Peoples’ Rights (African Charter) and the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol). The study uses the sex and gender approach and the feminist standpoint theories as analytical frameworks for interrogating how APSA implements women’s right to peace. This research is novel because it is the first to analyse the implementation of women’s right to peace by APSA, using a case study of Zimbabwe. This thesis argues that the African Human Rights Architecture provides a limited scope of women’s right to peace which does not take into account the broad nature of what the right to peace entails. The African Charter provides for the right to peace in terms of state security and self-determination. Articles 23(1) and 23(2) of the African Charter provide that the right to peace shall be maintained by preserving principles of sovereignty and cooperation among states. This thesis also argues that APSA does not adopt a gendered approach in implementing women’s right to peace. The study found that the normative content of women’s right to peace is not clearly pronounced in human rights instruments, making it difficult to monitor its implementation. The African Commission on Human and Peoples’ Rights has not adopted guidelines and general comments to guide the implementation of the right to peace by state parties. The study also found that the APSA mainly adopts a minimalist approach to peace by paying more attention to negative peace at the neglect of structural inequalities which also are also a violation of women’s right to peace. The approach neglects critical non-military issues that negatively affect women’s right to peace. The study recommends a complete overhaul of APSA and the streamlining of mandates of its structures such as POW, PSC and the special envoy on peace. This recommendation is based on the fact that APSA is financially constrained, negatively affecting its capacity to implement the peace and security agenda. It also recommends the effective participation of women in all APSA structures to enable them to conceptualise peace from their standpoint. The study also proposes elements that should constitute the right to peace.
