Maputo Protocol gains for the African girl 20 years on
Gender equality symbol. It is now two decades since African governments adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, commonly known as the Maputo Protocol.
What you need to know:
- African governments adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, commonly known as the Maputo Protocol, defining the rights of women and girls.
- The treaty prohibits harmful practices, including female genital mutilation, and advocates the protection of women at risk of being subjected to different forms of violence.
It is now two decades since African governments adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, commonly known as the Maputo Protocol, defining the rights of women and girls.
And as the continent gears up for celebrations to mark 20th anniversary, we interrogate the benefits it has brought to women and girls. Among other things, the protocol addresses gender discrimination by obligating state parties to take appropriate legislative and institutional measures. It also promotes women’s and girls’ rights to dignity, recognising their human and legal rights and guaranteeing their rights to life, integrity, and security.
The treaty prohibits harmful practices, including female genital mutilation (FGM), and advocates the protection of women at risk of being subjected to different forms of violence. It promotes women’s access to justice and equal protection before the law and advocates their participation in political and decision-making processes and increased representation in these spaces.
The protocol champions girls’ and women’s access to education by promoting equality within educational institutions. Many African countries, among them Kenya, have espoused gender equality in their constitutions, development plans, policies, laws and programmes.
Benefits
The benefits have been far-reaching, including holding Kenya accountable for failing to investigate and prosecute sexual and gender-based violence cases following the 2007 General Election.
It has also been instrumental in helping pregnant girls learn in Sierra Leone. In December 2019, the Ecowas Court of Justice, in a landmark decision, declared that banning pregnant girls from going to school was discriminatory and in violation of their right to education.
The government was found to be in breach of Articles 2 and 12 of the protocol, which is against discrimination and guarantees equal opportunities and access to education. Following the judgment, Sierra Leone lifted the ban in March 2020, granting the girls access to education. The decision set a precedent for West African countries.
The treaty has also ensured the minimum age of marriage is 18 for Tanzanian boys and girls. It has protected Ugandan women and girls from FGM, helped in holding Nigeria accountable for unlawful detention of women, and aided in protecting women’s and girls’ rights in Mali.
Countries have also come up with laws that enhance gender equality. In Kenya, the government has come up with Access to Government Procurement Opportunities (AGPO), an initiative that grants 30 per cent procurement opportunities to the marginalised groups, including women.
Rwanda a few years ago lifted the reservations it had about Article 12(2) of the protocol, reforming national laws and sensitising law enforcers and healthcare providers to changes. The country has also served as a key facilitator of #SDG5 on ending all forms of discrimination against all women and girls. Many AU countries have established special national mechanisms for promoting and protecting the rights of women. In addition to human rights commissions, which are traditionally regarded as national human rights mechanisms, there are specific gender equality commissions dedicated to the rights of women.
Equality initiatives
Uganda, Kenya, Rwanda, South Africa and Zimbabwe are some of the countries with functioning gender equality commissions. The Solidarity for African Women’s Rights Coalition (SOAWR) has been uniting efforts towards the universal ratification of the Maputo Protocol across Africa for 20 years.
As of April 2023, 43 out of 54 African countries had ratified the protocol. A total of 12 AU member states have yet to do so. They include Botswana, Burundi, Central African Republic, Chad, Eritrea, Egypt, Madagascar, Morocco, Niger, Somalia and Sudan.
To celebrate 20 years of the treaty, the Maputo Protocol 20 for 20 Solidarity Awards has been mooted. The inaugural awards are spearheaded by SOAWR to mark the 20th anniversary.
The awards recognise those who continue to steer the numerous complexities that come with advocating women’s and girl’s rights. They will also celebrate organisations that have taken bold steps in advocating the adoption, ratification, and domestication of the protocol using various platforms of change.
The awards will further recognise the contribution of 20 state actors and non-state actors, including key organisations and individuals. Nominations are open to individuals, civil society, institutions, oversight bodies, corporates, policymakers and the media.
