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The Addendum to the region's declaration against gender violence commits member countries to specific action. This includes legal reform, effective services and public awareness campaigns. It seems as if it is still easier to sign declarations than binding commitments. - I would like to see us move in the medium term to legally binding instruments. But I would rather, in the short term, spend time in capacity building and enabling our countries to put measures in place instead of rushing to get legally binding instruments, says Athalia Molokomme, the head of the SADC Gender Unit. Gender violence is increasing across the region, as suggested in country reports presented to the inter-governmental meeting held this week. While governments have signed declarations to fight gender violence, they are not legally bound to adhere to their commitments. In the two years since the Addendum was signed in Durban, South Africa, only two countries have passed domestic violence legislation, a key commitment in the Addendum. Namibia's Minister for Women's Affairs, Netumbo Ndaitwah, feels that it is not essential to bind countries. "Although it's not a legally binding instrument it is a useful working instrument," says Ndaitwah. With the 14 signatures of the SADC heads of government or state gracing both the SADC Declaration (1997) and the Addendum (1998) on gender violence, Ndaitwah sees sufficient political commitment. - We feel that since we have signatures of our head of states, it's a very important instrument that we have to make use of at all times as our guiding principles in dealing with issues of violence against women and children. Molokomme agrees: "Although the addendum is not a legally binding instrument, it is not less important because it is an integral part of the gender declaration. "Even though a declaration is not legally binding, it's a very useful document because it sets regional norms and standards that agree on as a collective of countries," she says. Molokomme says it does not make much sense to secure a legally binding instrument, on which SADC states can be sued, when the countries do not have the financial or political capacity to implement these measures. This carries a risk. "You can come up with legally binding instruments but some countries will not ratify it," she notes. But sometimes voluntarism does not deliver the goodies. SADC countries resolved in 1997 to enact laws such as sexual offences and domestic violence legislation to make various forms of violence against women clear defined crimes. Only two states, South Africa and Mauritius, have defined domestic violence as a specific crime. Reparations for victims of gender violence, another recommendation in the Addendum, also received scant attention this week. This clause commits states to take appropriate measures to impose penalties and punishment for gender violence. But not many countries appear to have warmed to the reparation suggestion and only South Africa reported that it could not afford reparations. Namibia is considering it. "When we were debating the Combating of Rape Bill in Namibia, the issue of reparations was raised. But it is not incorporated into the Act. But we are still seriously looking at it," Ndaitwah said. - The victim needs to somehow get some compensation. You can get counselling which will give you mental satisfaction. If you combine mental satisfaction with material satisfaction, you help the victim better than just giving one part. by Lewis Machipisa, IPS
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