The Maputo Protocol: Advancing Women's Rights in Africa
The Maputo Protocol is an international human rights instrument that was adopted by the African Union (AU) in 2003 to protect and promote the rights of women and girls in Africa. A human rights instrument is a treaty, convention, or declaration that sets out the rights and freedoms that all human beings are entitled to. Human rights instruments are a key part of international law, and they provide a framework for governments and other actors to promote and protect human rights.
The Maputo Protocol is widely regarded as one of the most progressive and comprehensive women’s rights instruments in the world. It covers a wide range of issues, such as political participation, economic empowerment, reproductive health, violence against women, and female genital mutilation (FGM).
In many African countries, women faced widespread discrimination and violence, they were disproportionately affected by poverty and HIV/AIDs and they couldn’t vote or own property. In light of this, the African Union (AU) assembly gave a mandate to the African Commission on Human and People’s Rights (ACHPR) to develop a protocol that would address the rights of women.
The Maputo Protocol consists of 32 articles that outline what rights women are entitled to. It also gives details on what countries, other people and entities have to do to protect these rights. Finally, it talks about what women themselves can do to protect their own rights. Some of the key provisions of the protocol include:
- The elimination of all forms of discrimination and violence against women (Article 2-5)
- The right to dignity, life, integrity, and security of the person (Article 3-4)
- The right to access to justice and equal protection before the law (Article 8)
- The right to participation in political and decision-making processes (Article 9)
- The right to peace and protection in armed conflicts (Article 10-11)
- The right to education and training (Article 12)
- The right to health and reproductive rights, including the right to abortion in certain cases (Article 14)
- The right to food security and adequate housing (Article 15-16)
- The right to economic and social welfare, including inheritance and property rights (Article 19-21)
- The protection of women in vulnerable situations, such as widows, elderly women, women with disabilities, and women living with HIV/AIDS (Article 22-23)
- The prohibition of harmful practices, such as FGM and child marriage (Article 5-6)
As of July 2021, 42 out of 55 AU member states have ratified the protocol, while seven have signed but not ratified it. So far it can be said that the Maputo Protocol has had a significant impact in advancing and safeguarding the rights of women and girls across Africa. It has already provided a legal framework and standard that governments and other actors are using to come up with national laws and policies that are protecting and promoting women’s rights. It has also inspired civil society organizations and activists to advocate for women’s rights and hold governments accountable for their obligations under the protocol.
The following are examples of national and regional courts relying on and making reference to the protocol while deciding cases that involve women’s rights:
- The case of L.M.N. v Government of Kenya (2020), where the High Court of Kenya found the government liable for failing to investigate and prosecute cases of sexual and gender-based violence that happened during the post-election violence of 2007.
- The case of Abebe v Ethiopia (2016), where the African Commission on Human and Peoples’ Rights granted access to justice for a survivor of sexual violence and forced marriage in Ethiopia.
- The case of Rebeca Z. Gyumi v Attorney General Tanzania (2016), where the High Court of Tanzania ruled that sections of the Law of Marriage Act that allowed girls as young as 14 years old to marry were unconstitutional and violated girls’ right to equality.
As a powerful tool for promoting and protecting women's rights, the Maputo Protocol is a landmark achievement for the African Union. In the years to come, the Maputo Protocol will continue to play an important role in promoting and protecting women's rights in Africa. It will also help to raise awareness of women's rights issues and to empower women to participate fully in society. The Maputo Protocol is a testament to the commitment of the African Union to the advancement of women's rights, and it is a valuable resource for governments, organizations, and individuals who are working to promote women's rights in Africa.
