A two-day meeting convened to evaluate the status of the
ratification, domestication and implementation of the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa, commonly
referred to as the Maputo Protocol on Women’s Rights, has concluded with strong recommendations on how to accelerate
actions on the commitment to African women. Described as a vanguard document at
the time of its adoption in 2003, the Maputo Protocol remains one of the most
progressive legal instruments providing a comprehensive set of human rights for
African women. It translates Africa’s commitment to invest in the development
and empowerment of women and girls, who constitute the majority constituent of
the population.
Convened by the African Union
Commission Women, Gender and Development Directorate in collaboration with and
the Gender, Peace and Security Programme of the AUC Peace and Security
Department and the Solidarity for African Women’s Rights the meetings held on
the 17-18 November 2020 brought together African Union Experts responsible for
Gender Equality and Women’s Affairs; the Pan-African Parliament; Civil Society
Organizations, women’s rights organizations, women’s movements and youth
organizations to evaluate the progress achieved especially at the national
level, in protecting and promoting the rights of women as encapsulated in the
Protocol.
In deliberating on the
advancement of women’s rights, the meeting noted that across the continent, a
number of countries have enacted laws against sexual and gender based violence
as well as harmful cultural practices while others have established dedicated
national machineries to promote and protect the rights of women.
However, the deficits in the
ratification and implementation of the Protocol have had grave consequences on
the lives of women and girls on the continent, moreso with the outbreak of the
COVID-19 pandemic, which has aggravated the exposure of women to more perilous
situations. The deficits have also been more acute in countries affected by
conflict and/or in transitional processes where the lack of implementation of
the Maputo Protocol has created conditions for violence, abuses and sufferings
for women and girls. This is more pronounced in South Sudan, the Democratic
Republic of Congo, Central Africa Republic, the Lake Chad Basin, the Sahel and
the Horn of Africa, where women are used as weapons of war in full violation of
their right to peace and protection in times of conflict, as stipulated in
Articles 10 and 11 of the Protocol that women have the right to peace and call
for the protection of women and girls in armed conflicts.
The two-day meetings were
particularly timely following the commitment by AU Member States in 2018,
designating 2020 as the year for the universal ratification of the Maputo
Protocol. Adopted by the African Union in 2003, the Protocol as of November
2020, has been ratified by forty two (42) Member States of the African Union.
Of the remaining thirteen (13) States, ten (10) States have only signed the Protocol, while three (3) have
neither signed nor ratified. Further, Member States that have ratified the
Protocol, rarely submit reports on the progress of the domestication and
implementation of the Protocol thereby presenting difficulties in tracking the
progress on commitments. The meetings were therefore critical to document
and understand the challenges faced by Member States in timely reporting and
map out the technical support necessary to enable the States address the gaps or challenges they
encounter in State reporting.
During the two-day event,
Member States exchanged on the challenges that have hindered the ratification,
domestication, implementation and reporting on the Maputo Protocol. Some of the
challenges highlighted were issues of conservative governments and populations;
pluralistic legal systems; resistance from strong faith-based groups; absence
of, or lack of clarity on ratification procedures; the prioritization of peace
and reconciliation in countries in active or emerging from civil strife;
concerns with reproductive rights provisions and the provisions on rights
related to marriage- age of marriage; separation, divorce, matrimonial
property, among other challenges highlighted.
In exploring areas of support
and sharing best practices and experiences on the processes of ratification,
domestication, implementation and reporting on the Maputo Protocol,
opportunities to advance the gender agenda were identified and recommended on
among others;
1. The alignment of provisions in the
Maputo Protocol as a number of Member States have adopted national laws and
policies that resonate with the Protocol.
2. To support to Member States on the
sensitization to facilitate a better understanding on the value, particularly
on articles deemed contentious.
3. Encouraging regular engagement with and
among Member States to share experiences on how they have dealt with challenges
on ratification and domestication processes moreso on the contentious articles.
4. Emphasis on the need to adopt “women’s
right to peace” as envisioned in the Maputo Protocol as a good leveraging point
to really for the ratification of the Protocol as part of a gender-conscious
approach to post-conflict reconstruction and development.
5. Member states were encouraged to ratify
the Protocol even with reservations and proceed to take measures to address the
areas related to the reservation and eventually lift the reservations.
6. Employing the support of the African
Union Pan-African Parliament to work with the national Parliaments to ratify
the Maputo Protocol.
The Member States and relevant
stakeholders committed to making considerations to integrate the
recommendations into the gender agenda.
Fifteen (15)
years since the Maputo Protocol entered into force, only 15 out of 42 State
Parties have reported on the Maputo Protocol signalling poor compliance with
state reporting mandate with many States not reporting or not following the
guidelines on reporting. Article 26 of the Maputo Protocol obligates Member States to
report every two years to the African Commission on Human and Peoples’ Rights
(ACHPR) on the legislative, judicial, administrative and other measures
undertaken towards the full realization of the rights enshrined in the
Protocol, in accordance with Article 62 of the African Charter on Human and
Peoples’ Rights. Additionally, the ACHPR has adopted Guidelines for state
reporting under the Maputo Protocol.
With majority of Member States
only submitting reports on the African Charter without “Part B” on the Maputo
Protocol, the meetings stressed that the absence of these reports, poses a
grave challenge to track the progress made in implementation of the Maputo
Protocol and to hold Member States accountable on their obligations under their
human rights commitments. To promote compliance and accountability for
implementation of women’s rights continental instruments, the African Union
Women, Gender and Development Directorate with the support of the Africa
Leadership Forum and Plan International, developed the Maputo Protocol Scorecard and Index (MPSI). The Scorecard and Index is an innovative
contribution to the body of tools that seek to enhance accountability and
serves as a monitoring and evaluation tool to protect women’s rights during the
COVID-19 emergency crises and also a recovery tool to ensure that women’s
rights are protected in the long run. The meetings called on Member States to
fulfil their reporting obligations and observed the need to popularize the
ACHPR Guidelines for state reporting under the Maputo Protocol and with the AU
Maputo Protocol Scorecard and Index.
To continue the advocacy, the
AUC-WGDD together with its partners will launch a media campaign “Time Is Up!”
to encourage Member States to fulfil their commitments and ensure the full
protection of women’s rights especially in this period of health and social
crises, through the universal ratification of the Maputo Protocol and the
immediate domestication and implementation of the provisions in favor of the
rights of women and girls by Member States.
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