Advances made for Gender Equality in Gabon - International ...

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   Advances made for Gender
   Equality in Gabon
   An important step towards substantive equality between
   men and women in central Africa?
   By Sabrina D'Andrea PhD
   New Developments Team

   PALERMO 8 June 2021

Photo source: https://en.wikipedia.org/wiki/Economy_of_Gabon#/media/File:Libreville_immeubles.jpg
Libreville, capital of Gabon

In March 2021, the Government of Gabon proposed to change both the
    criminal and the civil code in order to enhance gender equality. The new
    legal proposal is meant to waive the obligation for women to obey their
    husbands and to allow divorce by mutual consent. In addition, it seeks to
    facilitate access to safe abortion in case of rape, incest or danger to the
    women’s health, although abortion would remain illegal in most cases.
    These developments testify to a positive evolution in Gabon concerning
    women’s rights, however do not come without protest from civil society. If
    the Parliament decides to adopt such a proposal, it would represent a
    decisive step forward for women in Gabon. The small central African
    country already seems to be a pioneer in protecting women’s and LBGT
    rights, and might become a leader in the region for progressive legislation
    in achieving gender equality.

    The tale of the Gabonese law testifies to the obstacles against gender
    equality in Central Africa. Although significant advances have been made
    in the last decade, and despite the reforms that the Government wishes to
    implement, Gabon still figures 41 out of 48 countries in sub-Saharan
    Africa in terms of promoting women’s rights.

    - Sabrina D'Andrea PhD

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PALERMO, 22 May 2021 - Gabon distinguished itself from its neighbouring countries in 2020 for
its progressiveness when it became one of the few African countries to liberalise homosexuality.
The Gabonese government has also demonstrated a deep commitment to women’s rights in recent years
by implementing “the decade of women” in 2015. The ten-year plan is accompanied by a dedicated
Ministry and is meant to bring about substantive equality between men and women by gradually
strengthening the legal arsenal prohibiting gender discrimination and empowering women.

Numerous steps have already been taken in this direction in the last years by President Ali Bongo
Ondimba, supported by the First Lady Sylvia Bongo Ondimba and her foundation for women’s rights.
Many legal measures have been implemented in the last years, such as a reform of discriminatory
inheritance laws in 2015, the establishment of quotas for women in political elections, the adoption of
laws meant to combat sexual harassment at work (in 2016) and to strenghten the protection of women
against violence, in particular sexual violence (in 2019).

Notwithstanding these legal advances, Gabonese women still suffer from discrimination, fewer
opportunities and weak economic independence, especially as women in the country have been strongly
hit by the effects of the Covid-19 pandemic. “In a few months, the direct and indirect consequences [of
the pandemic] have sometimes wiped out years of mobilisation in favor of reducing gender inequalities”,
says Sylvia Bongo Ondimba.

The new law proposed by the Government, led by Rose Christiane Ossouka Raponda (elected in 2020
as the country’s first female prime minister), awakens hope in the right direction as it is meant to
introduce considerable change in the legal panorama.

AN OPPORTUNITY FOR CHANGE

On March 23rd 2021, Gabon's Council of Ministers proposed to create a national observatory for
women’s rights and to change both the civil and penal code in order to strengthen women’s legal
positions. The law proposal is meant to tackle some of the injustices that Gabonese women face and to
introduce three important changes.

First, it seeks to modify family law by providing that women and men share the role of the head of the
family, hitherto reserved for the man, and that both spouses will be able to choose the family residence
together, removing, in particular, the obligation of obedience of women. In addition, it introduces the
possibility of divorce by mutual consent and provides that adultery, committed by the man or the woman,
could be a reason for separation for the two spouses, whereas it could only be invoked by the man
before the judge until now. Importantly, the proposal provides that any fact of domestic violence
established against a spouse can serve as grounds for divorce. This proposal would tackle several of the
injustices suffered by women within the family home.

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Second, the proposal suggests that in order to obtain a safe abortion, the woman's state of distress will
no longer need to be "serious" and the requirement for a doctor's opinion to ascertain it will be eliminated.
This would somewhat broaden the right to voluntary termination of pregnancy, which would however
remain strongly conditioned. "Now is not the right time [to liberalize it]” said Ossouka Raponda, Prime
Minister.

Third, the bill also provides for economic rights, by establishing equality in the right to hold bank
accounts: the obligation for banks to notify the husband of the opening of an account and the debit
balance thereof by his wife will be abolished and replaced by an egalitarian principle. The provisions on
the charges of marriage incumbent on the husband will also be amended.

President Ali Bongo Ondimba considers these legal proposals as “new steps” allowing to “attain equality,
not only in law, but also in substance between men and women”. While they still have to be voted on by
the Parliament, the President’s party (PDG, the Gabonese Democratic Party) retains the absolute
majority in both chambers.

BACKLASH: CRITICISMS OF THE BOLD PROPOSALS

The Gabonese government celebrated on the 17th April 2021, the Gabonese Women’s Day and, in May,
it implemented a free hotline for the benefit of abused women and girls.

Nevertheless, these advances on behalf of the government do not come without protests. The
Government had been criticized by the Church already in 2020 for asking the Parliament to liberalise
homosexuality. Now, the expected reforms have triggered hot debates and provoked the discontent of
conservatives within the country, who do not appreciate the fact that functions traditionally devolved to
men will be shared with women, perceiving the new law as a threat to Gabonese traditions. According to
Erline Antonela Ndembet Damascus, the Minister of Justice, "These bills have the merit of having
allowed a debate in all layers of society […] As with all changes, resistance is not necessarily proof of
rejection, but it is part of the common reflection process which contributes to everyone's progress
towards better living together.”

The bills proposed by the government also sparked an outcry among parts of the Gabonese opposition,
denouncing "a brutal deconstruction of the family unit". Activist and politician Laurence Ndong believes
that the government has the wrong priorities, citing all the other discriminatory provisions which still exist
in Gabon: the marriage of underage girls which remains legal, the curfew imposed from 6 p.m. which has
had a devastating impact on the autonomy of women in small businesses and the lack of parity within the
government. Other political opponents criticise the President for reforming such a delicate topic without
consulting the concerned stakeholders beforehand and organising a debate so as not to upset traditions
and risking a gap between law and society.

Whatever the outcome of this legal procedure might be, and the criticisms which can be directed towards
it, the move of the Government was a bold one which has to be applauded.

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Source: https://fr.wikipedia.org/wiki/Liste_des_Premiers_ministres_du_Gabon
                     Rose Christiane Ossouka Raponda the first elected female Prime Minister of
                     Gabon and a strong supporter of the gender equality initiatives

LOOKING FORWARD

The tale of the Gabonese law testifies to the obstacles against gender equality in Central Africa. Although
significant advances have been made in the last decade, and despite the reforms that the Government
wishes to implement, Gabon still figures 41 out of 48 countries in sub-Saharan Africa in terms of
promoting women’s rights, according to the World Bank's recent report "Women, Business and Law
2021". This gives the Gabonese Parliament an additional reason for adopting the law proposal, and for
the Government to continue in this direction by also implementing other types of measures in order to
close the gap between men and women in their country and continuing to inspire their neighbours. The
international community should give visibility to what the Gabonese government is doing, to make sure
that the demands of African feminist movements are heard and amplified.

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NOTES: (References)

[1] Sylvia Bongo Ondimba Foundation (2020) Dossier d’information, Stratégie de promotion des droits de la
femme et de la réduction des inégalités femmes/hommes au Gabon, available at
http://www.sylviabongoondimba.org/assets/uploads/resources/Dossier_d_information_WEB__1_.pdf

[2] Voaafrique (2021) Le Gabon veut changer les lois sur le divorce, les violences conjugales et l'avortement,
available at https://www.voaafrique.com/a/le-gabon-veut-changer-les-lois-sur-le-divorce-les-violences-
conjugales-et-l-avortement/5830162.html

[3] Georges Dougueli (2021) Gabon : le combat pour l’égalité homme-femme face aux conservatismes, Jeune
Afrique online, available at https://www.jeuneafrique.com/1147140/politique/gabon-le-combat-pour-legalite-
homme-femme-face-aux-conservatismes/

[4] Aimé David Nguema (2021) Réforme du droit de la famille : Erline Antonela Ndembet Damas contre la
conservation des traditions ?, 7joursinfo, available at https://7joursinfo.com/actualites/reforme-du-droit-de-la-
famille-erline-antonela-ndembet-damas-contre-la-conservation-des-traditions/

[5] AfricaNews (2021) Gabon wants more equality between men and women, available at
https://www.africanews.com/2021/03/28/gabon-wants-more-equality-between-men-and-women/

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GLOBAL POLICY REVIEW
Advances made for Gender Equality in Gabon
An important step towards substantive equality between men and women in central Africa?
Published 8 June 2021

BROUGHT TO YOU BY THE IWI: INTERNATIONAL WOMEN’S INITIATIVE