On the eve of the 10th anniversary of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Coalition of the campaign, Africa for Womens’ Rights : Ratify and Respect reiterates its call for the continental ratification of this progressive instrument within the African human rights system and for its effective implementation.
Adopted on July 11, 2013, to complement and strengthen the articles of the African Charter related to the protection and promotion of women’s rights, the Maputo Protocol is an important instrument of reference. Its provisions, with regard to civil and political rights, physical and psychological integrity, sexual and reproductive health, non-discrimination, economic emancipation, among others, symbolise African States’ commitments to put an end to discrimination, violence and gender stereotypes against women.
« The adoption of the Maputo Protocol was an exceptional moment, historical for the realisation of the rights of women in Africa. Today, this instrument constitutes a model, a endless source of inspiration. Provided its ratification and full implementation, it can represent a real tool of action for the lasting transformation of our societies » declared Soyata Maiga, Special Rapporteur of the African Commission on Human and Peoples’ Rights (ACHPR) on the rights of women in Africa.
36 out of 54 member States of the African Union (AU) have so far ratified the Protocol, a clear victory for those who over the years have tirelessly mobilised and worked to achieve this goal. Moreover, in many countries, legal and institutional measures, such as laws prosecuting perpetrators of sexual violence (Kenya, Liberia), criminalising domestic violence (Ghana, Mozambique), prohibiting female genital mutilation (Uganda, Zimbabwe) or establishing mechanisms mandated to promote women’s rights (Côte d’Ivoire, Senegal), have accompanied these ratifications.
See the interview of Soyata Maiga, Special Rapporteur of the African Commission on Human and Peoples’ Rights (ACHPR) on the rights of women in Africa, on the progress made and challenges remaining since the adoption of the Protocol (interview conducted on 10 July 2013)
Despite these notable achievements, there are still some obstacles to the full realisation of women’s rights on the continent. Eighteen (18) states [1], have still not ratified the Protocol, and in several of these countries – including Sudan, Central African Republic or Egypt, which still facing serious political crisis or situations of armed conflicts – women continue to be the main targets of violence, discrimination and stigmatisation.
For Sheila Nabachwa, FIDH Vice President and Ag. Deputy Executive Director (Programs) at the Foundation for Human Rights Initiative (FHRI – Uganda), «Non-State Parties should understand that, today, the trend goes on the other side. 10 years after its adoption, it is time for these States to ratify the Protocol and accept that the guarantee and protection of women’s fundamental rights can no longer suffer from political, cultural or religious considerations or pretexts ».
In State Parties, several of the rights enshrined in the Protocol, or provided within national laws, are yet to be fully implemented. In DRC, Guinea-Conakry, Mali, thousands of women victims of sexual violence continue to demand justice and compensation; in Uganda, they are still waiting for equality within the family to be recognised ; in Nigeria, they continue to fight for their right to property to become a reality. Unfortunately, most of the State Parties do not respect their obligation, under article 26 of the Protocol, to indicate, in their periodic reports submitted to the ACHPR, the measures undertaken for the full realisation of women’s rights as provided within the Maputo Protocol.
«The adoption of the Maputo Protocol by African States represented a formidable progress from a legal point of view ; its effective implementation should now symbolise the respect of the obligations they have freely consented to abide by » declared Mabassa Fall, FIDH Representative to the African Union.
On this tenth anniversary of the Maputo Protocol, the Coalition of the Campaign Africa for Women’s Rights: Ratify and Respect pays tribute to the determination and courage of the women and men who advocate tirelessly to ensure that the rights guaranteed in the Maputo Protocol are not lost. In this regard, our Coalition notes with concerns the repeated attacks in several countries against women activists, a phenomenon that must be taken seriously and to which States must respond without delay. The Coalition of the Campaign calls on all national, regional and international actors to join the considerable efforts that are made on a daily basis for the ratification and enforcement of the Maputo Protocol.
[1] Algeria, Botswana, Burundi, Central African Republic, Chad, Egypt, Eritrea, Ethiopia, Madagascar, Mauritius, Niger, Sahrawi Arab Democratic Republic, Sierra Leone, Somalia, Sao Tome & Principe, Sudan, South Sudan, Tunisia.