MAPUTO
PROTOCOL
@20
a celebration of
20 years of
women’s rights
A NEWSLETTER
BY THE SPECIAL
RAPPORTEUR
ON THE RIGHTS
OF WOMEN IN
AFRICA
OCTOBER
2023
and reflection on challenges, as we
was deemed necessary, despite the
not sufficiently equipped to tackle the
framework to confront and dismantle
commemorate the 20th anniversary of
existence of global instruments such
unique challenges faced by African
discriminatory structures and practices
the Maputo Protocol. 2023 is indeed a
as the Convention on the Elimination
women in their daily lives. Consequently,
that impede women’s pursuit of justice
significant watershed!
of All Forms of Discrimination against
the AU took the bold step of introducing
and their assertion of rights, thereby
Women
this
instrument,
paving the way for the realization of
progressive
gender equality.
(CEDAW)
and
regional
landmark
regional
Allow me to salute all the founding
human rights instruments, including
which
mothers and champions on whose
the African Charter on Human and
and innovative provisions, aimed at
shoulders we all stand as we celebrate
Peoples’ Rights (African Charter). The
addressing the specific needs and
Additionally,
20 years of Maputo. We must all
answer, as provided in the preamble
challenges faced by African women.
strengthens the capacity of judicial
acknowledge, with utmost humility,
of the Maputo Protocol itself, lies in the
that the struggle that brought us to
persistent discrimination and harmful
If the Protocol was a child, all things
discrimination, ensuring the provision
where we are today started well before
practices that African women continue
being equal, it would be well on its
of
the adoption of the Maputo Protocol in
to face despite the existence of these
way to finishing a university career,
for women who have experienced
2003. The Maputo Protocol is indeed a
instruments.
so in essence our Maputo Protocol
violations of their rights. Of paramount
has come of age. Since its adoption
importance,
Article 18(3) of the African Charter
on 11 July 2003, 44 Member States of
sends a powerful message that acts of
sustained resolve! As we celebrate, let
does
us also remember all those women,
protection
clear testimony to what can be achieved
through
collective,
concerted,
and
not
specifically
encompasses
systems
to
effective
ratification
address
remedies
ratifying
also
gender-based
and
the
justice
Protocol
address
the
the African Union have accepted the
gender-based discrimination will not
rights,
but
Maputo Protocol. While this is indeed
be tolerated, fostering an environment
children and men who are presently
rather addresses women’s rights in
an encouraging number, the more
that is safer and more secure for women
going through civil conflict and strife.
the context of the family. Additionally,
perfect number would be to have all
and girls throughout Africa.
These women find themselves in a very
it fails to define discrimination against
55 states of the African Union ratify or
challenging context, that provides a
women comprehensively and does not
accede to it. After all, all the women
It is worth mentioning that ratification
fertile ground for the violation of all the
adequately address violations resulting
of Africa deserve the protection that
and implementation of the Maputo
rights enshrined in the Maputo Protocol.
from such discrimination, including
it brings. In this regard, I
would like
Protocol holds immense potential to
We stand in solidarity with all women in
issues such as early marriage and
to highlight that through ratification,
bring about positive changes in the
Africa and globally, who are challenged
female genital mutilation, amongst
States can unequivocally demonstrate
lives of African women. The pressing
and confronted with civil strife, conflict
others.
their
to
need for the universal ratification of
establishing an inclusive society that
the Maputo Protocol becomes evident
The second reason for the adoption
fosters
and significant when we consider the
of
contributions of women, unhampered
persistent
of
women’s
and disasters!
As
we
commemorate
the
20-year
the
Maputo
Protocol
was
the
unwavering
the
full
commitment
participation
gender
inequalities
that
anniversary of the Maputo Protocol, it is
recognition that global human rights
by
Furthermore,
prevail in many African countries in
important to reflect on why this Protocol
instruments, including CEDAW, were
ratifying the Protocol provides a robust
general, and in some of the non-ratified
2
discrimination.
and
3
States.
It
is,
therefore,
imperative
highlights some of the activities that have
for States to carefully consider the
taken place so far in commemoration of
substantial benefits that can be derived
the 20th anniversary, and I hope it will
from ratifying the Maputo Protocol.
give you hope and drive to keep the
fight for women’s rights going!
It is important to note that the
ratification of the Maputo Protocol
alone does not automatically ensure
women’s rights unless it is accompanied
by domestication and implementation.
Regrettably, despite being ratified by
due to various challenges in the domestic
Hon. Janet
Ramatoulie
Sallah-Njie
implementation of the Protocol. These
Special Rapporteur on the Rights of Women
challenges include inter alia, lack of
in Africa, African Commission on Human
political will, judicial reluctance to apply
and Peoples’ Rights
44 States, African women still face
discrimination, gender-based violence
and sexual harassment, among others,
i. The origins
the Protocol, weak national institutions,
plural legal systems, and reservations.
Despite all these challenges, I am
confident that as a continent we are on
the right trajectory to protect women’s
rights. This newsletter features articles
from all around Africa which highlight
the triumphs and hurdles that the
Maputo Protocol has faced. It is a
testament to the far reaching effects of
the instrument and the potential that
it has to improve the lives of women in
Africa. It is a celebratory edition, hence it
4
5
Tracing the Historical Roots of the Maputo Protocol
This was followed by a meeting held from 26 to 28 January 1998, in The Gambia. during
Meron Eshetu Birhanu
which the African Commission, in collaboration with the International Commission of
Legal Assistant-African Commission on Human and Peoples’ Rights
Over the years, African women and girls have been disproportionately affected by
discrimination stemming from deeply rooted patriarchal and stereotypical attitudes
that consider women as second-class citizens. Despite the existence of a wide range
of global and regional human rights instruments, these attitudes, coupled with
discriminatory practices, continue to hinder women from enjoying their human rights
on an equal basis with their male counterparts.
The existing instruments were inadequate; therefore it was time for an instrument that
reflected the lived realities of African women. In March 1995, a Seminar jointly organized
by the African Commission on Human and Peoples’ Rights (African Commission) and
a regional women’s organization, Women in Law and Development in Africa (WILDAF),
in Lome, Togo, marked a significant milestone as it initiated the adoption of a regional
instrument on women’s rights.2 This initiative gained further momentum during the
31 Ordinary Session of the Assembly of Heads of States and Governments of the AU
st
held in June 1995 in Addis Ababa, Ethiopia, when the Assembly mandated the African
Commission to develop a protocol on women’s rights.3 Following this, the Commission
established an Expert Group with the responsibility of preparing the initial draft, in
Jurists (ICJ), WILDAF and the African Centre for Democracy and Human Rights Studies
(ACDHRS), made amendments to the Draft Protocol and developed the Terms of
Reference (TOR) for the appointment of a Special Rapporteur on the Rights of Women
in Africa (SRRWA).7 At its 23rd Ordinary Session held in April 1998 in The Gambia, the
African Commission appointed Commissioner Julienne Ondziel Gnelenga as the first
SRRWA with various mandates over women’s rights in Africa,8 along with leading the
completion of the Draft Protocol.9 During its 26th Ordinary Session held in November
1999, in Kigali, Rwanda, the African Commission approved the Draft Protocol.10 In the
same year, it was forwarded to the OAU General Secretariat for the necessary actions
to be taken.11
During the period when the Draft Protocol was being developed, the Women’s Units
of the OAU, along with the Inter-African Committee on Traditional Practices Affecting
the Health of Women and Children (IAC), were developing the OAU Convention on the
Elimination of All Forms of Harmful Practices Affecting the Fundamental Human Rights
of Women and Girls (OAU Convention).12 To prevent redundancy, it was proposed to
incorporate the content of the Draft OAU Convention into the Draft Protocol, resulting
in the creation of a combined document that addressed the concerns outlined in both
drafts.13
accordance with Article 66 of the African Charter.4 The Expert Group successfully
crafted the inaugural Draft Protocol, which was subsequently presented at the 22nd
Ordinary Session of the African Commission held in November 1997, in Banjul, the
Gambia.5 It was then circulated to NGOs and CSOs for their input and feedback.6
7
M Wandia, ‘Rights of Women in Africa: Launch of a Petition to the African Union’ in P Burnett and F
Manji (eds) African Voices on Development and Social Justice (2004) 97.
8
As above.
9
Banda (n 7 above) 73; see also ACHPR Final Communique: The 23rd Ordinary Session of the African
Commission on Human and Peoples’ Rights, 20-29 April, 1998 http://hrlibrary.umn.edu/africa/
achpr23f.html (accessed 6 September 2023).
10
Nsibirwa (n 3 above) 42; see also ACHPR ‘Final Communique: The 26th Ordinary Session of the African
Commission on Human and Peoples’ Rights, 1-15 November, 1999’ http://hrlibrary.umn.edu/africa/
achpr26f.html (accessed 6 September 2023).
2
Nsibirwa (n 3 above) 41.
3
Nsibirwa (n 3 above) 41.
4
F Banda ‘Blazing a Trail: The African Protocol on Women’s Rights Comes into Force Author(s)’ (2006) 50
Journal of African Law 73.
11
As above.
5
As above.
12
Nsibirwa (n 3 above) 42.
6
As above.
13
Nsibirwa (n 3 above) 42.
6
7
In November 2001, the first OAU Government Expert Meeting convened in Addis
Ababa, Ethiopia, resulted in further amendments to the Draft Protocol.14 Although
initially scheduled to hold a second meeting in 2002 to review the draft protocol, it was
postponed twice due to a lack of quorum.15 This unfortunate delay resulted in a missed
opportunity for the Protocol’s adoption during the first AU Summit held in Durban,
South Africa in July 2002. Observing the lack of commitment from the governments
of African States, African women’s organizations across the continent convened by
Equality Now, FEMNET and the Ethiopian Women Lawyers Association (EWLA) met in
January 2003 in Addis Ababa, Ethiopia to strategize and advocate for the Protocol’s
completion.16 Subsequently, in March 2003, a Ministerial Meeting on the Draft Protocol
took place in Addis Ababa, leading to its further amendments, adoption as well referral
to the Executive Council and Assembly of the AU for adoption.17
After eight years of continuous amendments and advocacy efforts, the Protocol to
the African Charter on Human and Peoples’ Rights, known as the Maputo Protocol,
was finally adopted during the Second Ordinary Summit of the AU on 11 July 2003, in
Maputo,
14
Wandia (n 10 above) 97.
15
Wandia (n above 10) 97.
16
J Geng ‘The Maputo Protocol and the Reconciliation of Gender and Culture in Africa’ in S Rimmer and
K Ogg eds. Elgar 2009 11; see also Wandia (n 3 above) 97.
17
Wandia (n above 10) 97.
8
ii. Maputo Protocol
in thematic
technicolour
9
Looking to the future: the potential for invoking the
Maputo Protocol to end the criminalisation of women’s
poverty in Africa
being challenged in South Africa, with the lead applicant being a woman experiencing
Louise Edwards and Dr. Tarryn Bannister
economic exclusion on the basis of their status. These laws are furthermore, not a
African Policing Civilian Oversight Forum
proportionate, evidence-based or effective response to issues of community safety.
homelessness. While being discriminatory on the basis of gender, there is clear
evidence that these laws further marginalise women already experiencing social and
Criminalising women’s poverty has a devastatingly high cost. These vague, genderThe Maputo Protocol is clearly committed to fostering substantive gender equality,
blind laws, provide police with broad discretionary powers to target and arrest
freedom from violence and access to socio-economic resources. In spite of these
women. This increases the potential for abuse of power through, for example, bribes
provisions, in the 20 years since the adoption of the Maputo Protocol, the feminisation
or sexual violence. Once women are arrested under these laws, gender stereotypes
of poverty has intersected with gender bias resulting in a significant rise in the number
then inform the nature of the charges brought against women, while influencing the
of incarcerated women. Conditions of detention for women in prisons across Africa
way in which they are treated during the court proceedings and during the sentencing
is also a cause for concern, as the infrastructure and services provided are often not
stage. Once incarcerated – and this applies to women convicted under any criminal
gender-sensitive or rights-compliant.
law - prisons are not designed to meet women’s needs. This is evidenced in the lack
The incarceration of women is primarily driven by socio-economic circumstances. For
example, in Sierra Leone, a 2020 study found that 34% of accused women had either
been convicted of or charged with crimes related to poverty or drug use. In South
Africa, empirical research into women’s pathways to crime and incarceration by the
Gender, Health and Justice Research Unit at the University of Cape Town, shows how
poverty, indicated by the absence of food in their homes, relatively low educational
of gender-sensitive hygiene, nutrition, sexual and reproductive health products, and
psychosocial support. Research from South Africa also points to the lack of gendersensitive rehabilitation programmes for women, who are bringing unaddressed
trauma back to their own communities. While there are alternatives to prison in many
countries, through a range of non-custodial measures, these options are underutilised
and often fail to address women’s specific needs.
and employment levels, influenced women’s pathways to crime. In South African
In 2017, the African Commission adopted the Principles on the Decriminalisation of
prisons, about 45% of women were convicted for economically related crimes.
Petty Offences in Africa, which call on states to repeal or declassify petty or minor
The disproportionate impact of laws that criminalise poverty – and particularly
women’s poverty - across Africa requires urgent attention. One example is the offence
of loitering, found in criminal laws across the continent. The enforcement of this law is
offences, and the performance of life sustaining activities in public spaces. In addition
to this necessary law reform, a multi-layered and holistic approach is needed so as to
address the underlying socio-economic causes of women’s incarceration.
often used by the police to target women who work as informal traders, sex workers,
Applying the framework for substantive gender equality provided by the Maputo
drug users, and women who perform life sustaining activities in public spaces. Loitering
Protocol could serve as a transformative tool in ending the criminalisation of women
laws in Sierra Leone, and their specific impact on women, is currently the subject of
on the basis of their poverty. The Protocol requires that Member States take corrective
he Economic Community of West African States ECOWAS Court of Justice challenge.
and positive action where discrimination against women is evident and persistent,
These types of laws have been subject to successful legal challenges in Malawi and
including structural changes to underlying causes of gender inequality. The application
Uganda (where colonial era laws criminalising ‘being a rogue and vagabond’ were
of the Maputo Protocol to this issue provides an imperative for Member States to
deemed unconstitutional). By-laws that criminalise homelessness are also currently
take holistic measures to address the causative factors of women’s incarceration. Of
10
11
particular relevance is Article 24(a), which demands that Member States protect women
who experience poverty by providing ‘an environment suitable to their condition
The Maputo Protocol: empowering African women
through progressive labour mobility rights
and their special physical, economic and social needs’. This article was invoked in an
Advisory Opinion of the African Court on Human and Peoples’ Rights (African Court)
Christiana Essie Sagay
on vagrancy laws. The African Court affirmed the obligation of Member States under
University of Ottawa
the Maputo Protocol to decriminalise laws that punish vagrancy and poverty as part of
their overarching duty to protect women.
The Maputo Protocol was born out of a profound need to address all the nuances
The Maputo Protocol and its subordinate instruments, such as those which address
of gender-based discrimination and violations encountered by African women and
gender-based violence and women’s socio-economic marginalisation provide the
girls. It, therefore, holds considerable significance, as it provides the roadmap and the
foundational elements of a framework for addressing the underlying causes of
foundation upon which to progressively build the economic, civil, and social rights of
women’s incarceration. Further guidance to Member States by the African Commission
African women. Over the past twenty years, since its inception in 2003, the Maputo
under the framework of the Maputo Protocol should be considered. This would aid in
Protocol has contributed and continues to advance and protect women’s human
effectuating the necessary paradigmatic shift, from viewing women’s incarceration as
rights in Africa. By challenging stereotypes about women in society, the Maputo
a criminal justice issue entailing negative duties, to recognising the over-incarceration
Protocol places women on an equal footing with men and obliges Member States to
of women as a broader developmental and socio-economic issue requiring positive
take measures that breathe life to its provisions. It goes beyond mere lip service by
state action.
recognising women’s rights and addressing the unique social, economic, and political
challenges they face. A notable advantage of the Protocol is the promise it holds when
effectively implemented in empowering women to achieve progressive labour mobility
rights.18
Amidst evolving labour migration trends is the feminisation of migration.19
Consequently, a growing number of African women are now seeking work opportunities
across borders within the continent. While acknowledging the Maputo Protocol’s
role to the advancement of the feminisation of migration, propelled by agency, it is
also imperative to note that socio-economic perceptions of gender roles and norms
continue to influence the way African women enter and negotiate with the labour
market, especially with respect to transnational labour mobility. This underscores the
necessity for targeted interventions that address the unique obstacles experienced
12
18
African Union,“Migration Policy Framework for Africa and Plan of Action (2018-2030)”(2018), online (pdf ):
Violence Against Children <https://violenceagainstchildren.un.org/sites/violenceagainstchildren.
un.org/files/documents/other_documents/35316-doc-au-mpfa_2018-eng.pdf>.
19
Christiana Essie Sagay, “Twists & Swirls: Caregiving & Sexualization – Femininity Construct in Gendered
Migration from Nigeria to Italy” (2021) 28:2 Ind J Global Legal Stud 81; Caritas Internationalis, “The
Female Face of Migration” online (pdf ); caritas org. < https://www.caritas.org/wordpress/wp-content/
uploads/2017/06/FFMEnglores-1.pdf>.
13
by female migrant workers. In this regard, the Maputo Protocol holds the promise
opportunities beyond geographical boundaries without the fear of discrimination or
of effectively tackling gender-specific issues within the realm of labour mobility by
unequal treatment. This shift benefits individual women and contributes to the overall
challenging the deep-rooted stereotypes that have hindered women’s full participation
socio-economic growth of African nations.
in the labour market. Its provisions lay the groundwork for dismantling the barriers
that restrict women’s choices and opportunities, fostering a more inclusive labour
mobility landscape.
The Maputo Protocol is a testament to African nations’ commitment to elevate women’s
status and challenge systemic gender-based discrimination. It has and continues to
propel the development of labour laws, policies, and institutional mechanisms at
The transformative impact of the Protocol extends across various dimensions of
regional and national levels to advance the discourse and participation of women in
gender equality. By addressing areas of concerns such as unpaid domestic work,20 and
labour economies within and across borders. Undoubtedly, its innovative provisions
social insurance,21 and guaranteeing women’s rights in the informal sectors,22 such as
demonstrate a forward-thinking approach that recognizes women’s agency and
street vendors, domestic workers, subsistence farmers and agriculture workers, which
contribution to the workforce. As we celebrate the progress made, it is also important
make up 89% in Africa of the total workforce,23 the Protocol promotes inclusivity.
to recognise that the road ahead, which involves full implementation and widespread
Furthermore, it emphasises gender-responsive approaches to mitigate specific risks
awareness, will be pivotal in ensuring that the Maputo Protocol continues to serve as a
and hurdles women face, such as those that attach to paid pre- and post-natal leave.24
beacon of hope and change for women across the African continent.
This becomes particularly important across state borders, where migrant workers may
not have the opportunity to rely on family, as they would in their home country.
The concept of migrant vulnerabilities25 has seen increased attention in law and policy
debate regarding movement for various reasons, including for work. The Protocol also
lends itself to addressing vulnerabilities in labour mobility that women might face in
recruitment26 and incorporates by broad reference international conventions that
seek to protect the rights of women migrating for work within and outside Africa.27
These provisions within the Protocol have the potential to empower women to pursue
20
Maputo Protocol, supra note 1 at art. XIII (h).
21
Ibid at at art. XIII (f ).
22
Ibid at at art. XIII (e).
23
UN Women, “Women in Informal Economy”, online: UN Women < https://www.unwomen.org/en/
news/in-focus/csw61/women-in-informal-economy>
24
Ibid at at art. XIII (i).
25
Delphine Nakache & Christiana Sagay, “Migrants in Situations of Vulnerability” (Forthcoming 2023)
Elgar Encyclopedia
26
Maputo Protocol, supra note 1 at art. XIII (c).
27
Ibid at at art. XIII (d); examples of such conventions include international labour migration conventions
and standards such as the International Labour Organization’s Convention on Decent Work for Domestic
Workers and Convention on Violence and Harassment, as well as the International Convention on the
Elimination of Discrimination Against Women
14
15
Strengthening the resolve to end child marriage in
Malawi: The role of the Maputo Protocol
Yumba B Kakhobwe
Centre for Human Rights, University of Pretoria
Following the objective to establish women’s and girls’ rights as human rights,
tMaputo Protocol)28 continues to shepherd African states towards a commitment to
realising the sexual and reproductive health and rights (SRHR) of girls. Eliminating
harmful practices such as child marriage is one of the ways for achieving this. In this
regard, Article 6(b) of the Maputo Protocol is a milestone as it sets 18 as the minimum
marriageable age, without any exceptions that would allow for its deprivation, thereby
explicitly prohibiting child marriage.
Since Malawi’s ratification of the Maputo Protocol in 2005, notable measures have
been put in place, albeit slowly. The Child Care, Protection and Justice Act of 201129
iii. Maputo Protocol
on the ground
criminalises forced marriage of children, the Gender Equality Act of 201430 and the
Marriage, Divorce and Family Relations Act of 201531 set 18 years as the minimum age
for marriage, which was subsequently reflected in the Constitution in 2017.32
Without taking credit away from other mechanisms that have sought to elevate
the status of girls long before the materialisation of the Maputo Protocol, such as
the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW),33 or the Convention on the Rights of the Child (CRC),34 the Maputo Protocol’s
effort to create guidelines that are founded on African lived experiences adds to its
authority due to contextual relatability. By placing girls as a priority, it demonstrates
sensitivity towards their historical and social disadvantage based on gender in regional
16
28
Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa
(Maputo Protocol).
29
Child Care, Protection and Justice Act of 2011, Malawi.
30
Gender Equality Act of 2014, Malawi.
31
Marriage, Divorce and Family Relations Act of 2015, Malawi.
32
The Constitution of the Republic of Malawi, 1994.
33
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
34
Convention on the Rights of the Child (CRC).
17
terms. This awareness continues to be crucial in shaping the development of child
of ownership at community level is especially significant in a country that relies
marriage eradication approaches in Malawi.
heavily on donor contributions for programmes targeting girls, which includes child
Diverse perceptions of the point at which childhood ends and preparedness for
marriage begins,35 socio-economic circumstances and poverty contribute to the
complexity of ending child marriage. It is, therefore, imperative to consider girls’
marriage eradication interventions. Unfortunately, the impact of many interventions
is compromised due to not being context-specific, the brevity of project cycles and
funding limitations.
particular vulnerability due to their age and dependence on the choices made by
20 years after the enactment of the Maputo Protocol, States, including Malawi must
their parents or guardians. Despite ongoing challenges, efforts to eradicate child
continue to align their priorities with its aspirations. It remains a meaningful reference
marriage and frame it as a SRHR issue, linked to gender-based violence, has made
for the continent’s development challenges, particularly those that are gendered.
some headway.
In Malawi, efforts continue to go towards preventing child marriages and creating
sustainable pathways after their dissolution, for example, through the introduction
of school re-entry programmes.36 With 42% of girls married before the age of 18,
and 9% before the age of 15,37 there continues to be a shortcoming with regards to
programming that targets girls who remain in child marriages. Their domestic status
as wife (and yet still a child) places them in a peculiarly vulnerable position. Not old
enough to be amongst or relate to other women, but their standing isolates them
from their peers. The imaginable insecurity and health implications such as prolonged
Celebrating 20 years of the Maputo Protocol in Nigeria
Kabir Aliyu Elayo and Olanrewaju Musa Murtala
Nigeria National Human Rights Commission
exposure to conception, and even violence beg for special attention to this particular
The commemoration of the 20th anniversary of the Maputo Protocol provides an
population of girls.
Besides rationale related to perceptions concerning womanhood, poverty remains
one of the major drivers of child marriage. Until girls, their families and communities
believe there are viable and sustainable alternatives, this custom may realistically never
cease, regardless of its criminalisation. This is particularly the case in communities that
are poor, hard-to-reach and able to avoid enforcement of the law.
In the absence of workable socio-economic endeavours, strengthening community
engagement and community policing may require greater investment. The sense
35
EK Naphambo ‘(Re)constructing the African notion of girls’ readiness for marriage: insights from rural
Malawi’ PhD thesis, University of Cape Town, 2020 at 4.
36
C McConnell ‘A push for keeping adolescent girls in school in Malawi and Zambia’ 27 July 2016
https://blogs.worldbank.org/education/push-keeping-adolescent-girls-school-malawi-and-zambia
(accessed 7 September 2023).
37
UNICEF ‘Budget scoping on programmes and interventions to end child marriage in Malawi’ https://
www.unicef.org/esa/media/7446/file/UNICEF-Malawi-End-Child-Marriage-Budget-Scoping-2020.pdf
(accessed 6 September 2023).
18
opportunity to reflect on the progress made globally, but specifically across the African
continent and Nigeria. It offers insight into the role of the Maputo Protocol as a crucial
document on gender equality. It is also a veritable tool for the attainment of the
Agenda 2030 and 2063 Sustainable Development Goals and African Union blue print,
respectively.
The Maputo Protocol as well as other instruments for the advancement of women’s
rights in Africa built upon the principles and goals of the Beijing Declaration and
expanded the frontiers of protection for the rights of women in Africa. It recognizes civil
and political rights including the right to dignity, equality and non-discrimination as well
as economic, social and cultural rights. This protocol is a strong pillar for combatting
harmful practices such as female genital mutilation, child marriage and gender-based
19
violence.38 It is significant that Nigeria is a party to the Maputo Protocol and has taken
resources. As a result, violence against women persists and the impact of the VAPP Act
steps towards its implementation to advance women’s rights and gender equality. The
on improving women’s status remains limited in Nigeria.
country has taken steps to address issues such as gender-based violence, political
participation, access to education and economic empowerment.
To achieve better protection for women, transformative leadership is critical to
the realization of the African Union and Member States’ objectives in ratifying and
Conversely, the 20th anniversary provides an occasion to assess progress, identify
implementing the Maputo Protocol. In this regard, State parties will send a powerful
gaps and renew commitments to further women’s rights in Nigeria. For instance,
message of commitment to women’s rights and gender equality.40 This will amplify
implementation of gender-sensitive policies in Nigeria is insufficient despite existing
the voices of women within their respective countries and demonstrate leadership
legal frameworks. Also, inadequate measures to address gender disparities in politics,
as it will encourage other countries to follow suit and strengthen efforts towards a
elections, and governance have contributed to marginalization of women in the
continent-wide culture of gender equality.
electoral process in the country. The involvement of women in peace building and
conflict resolution is limited, denying them a key role in shaping peace agendas and
hindering development and social cohesion.
In addition to the legislative framework, the National Human Rights Commission
plays a crucial role in advancing women’s rights in Nigeria. It marked the 20th
anniversary of the Maputo Protocol on 15 August 2023, where it convened a National
It is worth mentioning that in the year 2019, the Gender and Equal Opportunities Bill was
Dialogue involving international partners and Civil Society Organizations to amplify
reintroduced in the Nigerian Senate. This bill sought to address gender discrimination
Nigerian women’s voices and concerns. In the words of the Executive Secretary of
and promote women’s rights through various provisions, including equal access to
the Commission, Chief Tony Ojukwu OFR, SAN, FCIMC, “The Commission reflects
education, employment and political participation. However, it faced similar challenges
upon the significant milestone and acknowledges the strides made towards gender
as its predecessor and ultimately failed to pass into law.
equality in the African Continent.”.41 It collaborates closely with civil society, women’s
Notwithstanding these challenges, the Violence Against Persons (Prohibition) Act
(VAPP) 2015 has been enacted to address violence against persons including women
in Nigeria.39 It criminalizes various forms of violence such as rape, domestic violence,
rights groups and stakeholders to boost effectiveness and expand impact. These
partnerships promote synergy, best practice sharing and a coordinated approach to
advance women’s rights in Nigeria.
female genital mutilation and economic abuse. This criminalisation is one of the steps
in safeguarding women’s rights, yet it falls short in actively promoting gender equality.
This is because it does not task the government on the advancement of gender
equality beyond addressing violence. This narrow focus restricts its effectiveness to
comprehensively protect women’s rights. Challenges persist in implementing the
VAPP due to public awareness gaps, law enforcement capacity issues, and inadequate
38
Abridged Version and Policy Brief for Implementation, (Women’s Rights Advancement and Protection
Alternative(WRAPA) Nigeria)
40
The Africans Governance Report available on <https://au.int/sites/default/files/documents/36418doc-eng-_the_africa_governance_report_2019_final-1.pdf> accessed on 31 August 2023
39
National Human Rights Commission, Nigeria available online at <https://www.nigeriarights.gov.ng/
files/vapp.pdf> accessed on 31 August 2023
41
National Human Rights Commission (n)
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From vision to reality: Two Decades of the Maputo
Protocol Enhancing Women’s Lives in Uganda.
Judith Suzan Nakalembe
Center for Health Human Rights and Development
Twenty years ago, the African Union took a momentous stride towards safeguarding
the rights and well-being of women and girls across the continent. In 2003, Maputo
Protocol). This landmark instrument was specifically designed to address the
distinctive challenges encountered by women and girls on the continent, aiming to
comprehensively uphold and safeguard their rights. Uganda endorsed the Maputo
Protocol on 22 March 2010, signifying the nation’s commitment to champion and
foster women’s rights in alignment with the Protocol’s principles. The endeavours of
the Center for Health Human Rights and Development (CEHURD) in advocating for
sexual and reproductive health and rights (SRHR) in Uganda resonate harmoniously
with the principles and goals outlined in the Maputo Protocol.
Article 14: A Catalyst for Change: Article 14 of the Protocol highlights the importance
of preserving and advancing women’s SRHR in Uganda. It emphasises the need
for accessible family planning education, comprehensive health information, and
improved healthcare services to reduce maternal mortality rates and protect women’s
reproductive rights, including permitting medical abortion in specific circumstances.
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Article 14 of the Maputo Protocol imposes a significant responsibility on the Ugandan
government to enhance healthcare services for pregnant and breastfeeding women,
focusing on prenatal, delivery, and post-natal care, aiming to reduce maternal mortality
and improve the well-being of both mothers and children. Furthermore, the article
underscores the importance of safeguarding women’s reproductive rights in Uganda
by permitting medical abortion in specific situations, acknowledging the complexity
of women’s circumstances and prioritising their overall well-being and reproductive
autonomy in the country.
Uganda faces high maternal mortality rates, largely driven by unsafe abortions due to
restrictive abortion laws. Despite the Maputo Protocol’s provision allowing safe and
legal abortion in specific circumstances like sexual assault, rape, incest, or threats to a
woman’s mental or physical health, Uganda’s reservation to this provision results in a
legal landscape that forces many women to seek unsafe procedures, contributing to
maternal mortality.
Silent Suffering: The Untold Story of a Woman’s Struggle with SRHR Neglect
Dignity Empowered: A Woman’s Journey to Fulfilling Her Family Planning Needs and Gender Roles.
The Maputo Protocol is a ground-breaking treaty in Uganda. It uniquely links women’s
rights with their health, emphasising the importance of accessible and comprehensive
healthcare services, including maternal care and family planning (Article 14(1)).
Furthermore, it addresses harmful practices like female genital mutilation and forced
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sterilization, underscoring the Protocol’s commitment to safeguarding women’s health
practices. These reports contribute to the monitoring and reporting mechanisms
and rights (Article 5).
recommended by the Maputo Protocol to gauge progress in women’s rights.
CEHURD’s proactive role in championing for SRHR in Uganda via advocacy and legal
•
As we commemorate two decades of the Maputo Protocol, its enduring influence,
actions impeccably aligns with the Maputo Protocol’s emphasis on women’s rights
marking two decades of progress, continues to drive positive changes in women’s
and gender parity in Africa. Several salient instances and references underscore the
rights and healthcare in Africa, with its impact on Uganda’s SRHR policies serving
alignment of CEHURD’s work with the Protocol’s principles:
as a testament to its transformative potential.
•
Advocacy for policy and legal reforms: CEHURD has been at the forefront of
advocating for the amendment of Uganda’s stringent abortion laws to harmonise
with the Maputo Protocol’s call for access to safe abortion services. The organisation
has fervently campaigned for amendments to the Penal Code, ensuring that
women possess the prerogative to make decisions regarding their reproductive
health.
•
Legal action to challenge rights violations: In 2011, CEHURD instigated a landmark
case against the Ugandan government, contesting the absence of maternal health
services that led to the demise of a pregnant woman. This legal action mirrors
the Maputo Protocol’s emphasis on obtaining access to quality healthcare services
and holding entities accountable for rights transgressions.
•
Propagation of health services: CEHURD’s advocacy endeavours have significantly
contributed to advancing access to sexual and reproductive health services.
For instance, the organisation has actively participated in campaigns aimed at
augmenting awareness about family planning and maternal health services in
underserved communities, aligning harmoniously with the Maputo Protocol’s
focus on women’s health rights.
•
Education and awareness: CEHURD has conducted workshops, webinars and
seminars to enlighten communities and policymakers about SRHR. The “Know
Your Rights” workshops empower women by disseminating information about
their entitlements, encompassing those linked to reproductive health and genderbased violence, in resonance with the Maputo Protocol’s plea for sexuality
education and awareness.
•
Monitoring and reporting: CEHURD’s annual reports and publications chronicle
instances of rights violations and disparities in Uganda’s SRHR policies and
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In a Parade of Pride
Eliseus Bamporineza
Kitenge wrapped around
Their pearled chests and beaded waist,
They are boldly marching,
Waving banners of their bravery.
Those we seem to recognize on March 8,
Yet without them we would cease to exist,
iv. Maputo Protocol
in art
Their crowned heads stand firm to remind us
Of their sanctified and irreplaceable role for the Nation.
Look, their shiny faces reflect their sacred devotion!
African women, they are pillars of our rich cultural heritage that builds our identity.
Their glory oozes out of the wounds of their sons and daughters
Who stood up and fought for Africa our cherished home.
It flows from their blessed wombs that bore humanity.
It unfolds in the ingenious minds of their children who are engineering
Megaprojects to unite hearts, connect cities and villages
For all their descendants to intra-trade and flourish.
Their glory shines in the sky like Africa’s sunlight that warms homes
Allow plants to grow, and power factories.
Roots of life’s genesis, they reify beauties
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That adorn the first world we live in.
Beacons of resilience,
Blessings heavens gifted us,
They are temples for reverence
They conceive us, birth us, suckle us
Not commodities to advertise and purchase.
And lead our steps in the universe.
They are talented souls to appreciate,
Zealous, they confront arctic mornings
Not beasts to mutilate.
In search of bread for the family.
They are heroes to celebrate every day.
Their steel-like arms plough bushy lands
To fill barns up with harvests.
Their unflagging legs cross rivers,
A baby in the back, a hoe in the hand,
A jar of water on the head.
Versatile doves, they teach, they preach,
They mediate, they comfort, they govern,
They portray splendours of our Homeland,
They battle to preserve its sovereignty.
From grocery sellers under scorching sun,
Hairdressers, masseuses, farmers, engineers,
Nurses, teachers…to the WTO patron,
They all are warriors for dignity of the society.
Dressed in a cloak of pride, they parade.
They don’t grow in irrelevance;
They yield power to flourish,
And they will not relinquish it.
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v.Maputo@20
Celebrations in
Nairobi July 2023
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