TRACKING THE PROGRESS OF THE MAPUTO PROTOCOL AND SHAPING ITS FUTURE
Despite gender equality being at the centre of Agenda 2030 for Sustainable Development Goals, not much has been done to advance the rights of women and girls globally. Women and girls are still faced with challenges including discrimination and violence. Disappointing is their journey to justice, which is often met with systemic shortcomings, which further undermines enjoyment of the rights of women and girls.
To promote and protect the rights of her women and girls, Africa adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa “Maputo Protocol” on 11 July 2003. Twenty years later, the Maputo Protocol has been hailed as the most progressive instrument on the rights women and girls globally.
In commemoration of the 20th Anniversary of the Maputo Protocol, RWI’s Regional Academic Network convened a Human Rights Academic Conference in partnership with Swedish International Development Cooperation Agency (Sida); German Federal Ministry for Economic Cooperation and Development through the GIZ-AU AWARE Project, Office of the United Nations High Commissioner for Human Rights and Stellenbosch University. Themed Women Rights, Gender Inequality and Intersectional Vulnerabilities, the conference explored the progress of African Human Rights Systems in advancing substantive equality.
In this Maputo@20 Booklet, we feature 20 letters on the Maputo Protocol as narrated by dignitaries and researchers who attended our 2023 Human Rights Academic Conference. These letters acknowledge the achievements and challenges of the Maputo Protocol, and further offer recommendations to support its full ratification, domestication and implementation. We hope that through these letters, you will better understand the journey traversed by Africa in implementing the Maputo Protocol and how you can contribute to ensure its full realization.
Regional Africa Programme (RAP)
Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) Office in Nairobi
ELIMINATION OF HARMFUL PRACTICES AGAINST WOMEN AND GIRLS
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, I want to remind you that 20 years ago, the African Region united to make a heroic step; amplifying the voices of women by adopting the Maputo Protocol. At the continental level, the Maputo Protocol has been instrumental in the elimination of discrimination against Women including harmful practices. As we celebrate the 20th Anniversary, we look back and see how many gains we have made; States amending their laws to eliminate discrimination against women while others enacting new legislation to conform with the spirit of Maputo Protocol. Mama Africa, you must be seeing how much hope and resilience Maputo Protocol has brought to the people. Women and girls who are marginalised are now gaining pace and have become ambassadors of positive change to do away with discrimination against women. Mama Africa, I know how proud you are of your dearest Tanzania, apart from criminalising Female Genital Mutilation, Tanzania is making strides and has been able to reduce the percentage of FGM from 18% to 10% countrywide and embrace men’s and boys’ engagement against discrimination against women. What an achievement! Fast forward now, it is saddening that in some African states, the prevalence of FGM is at 98%. Mama Africa, as children of the continent, we will not stop raising our voices and working with our governments and supporters to ensure that the spirit of Article 5 of the Maputo Protocol which calls for the elimination of harmful practices is a lived reality to every woman and girl in Africa. Until then, Mama Africa, let us keep pressing!
Warm regards,
Dr. Miriam Matinda
Senior Scholar, 2023 Human Rights Academic Conference
Dear Africa, On this 20th Anniversary of the Maputo, I can’t help but wonder where your daughters would be without the Protocol. We fought hard for its ratification, even when some brushed it off as a Western ideal. We wanted what could speak for the African girl and woman and we got it. 20 years later, many young girls have broken the cultural shackles that kept them from going to school and are now working to ensure that the next generation has the same, if not more opportunities. Our bodies are protected from horrifying mutilations inflicted in the name of making us women while we are still girls. And now, most of us get to choose who and when to marry. Dear Africa, the war is not over- but we are still in the fight. There are still many of us who live as if the Protocol does not exist. They sneer at its face and punish girls and women who refuse marriage proposals. The technological boom has unleashed a new enemy for your daughters. The land still has many who are falling in civil wars; and your daughters are not being spared. But Africa, you are resilient. And so are we. So we will fight until every woman and girl can finally smile.
Warm regards,
Mumbi Maina
Gender Focal Point, RWI Nairobi
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, let us congratulate you for the progress you have made to reduce the prevalence of child marriage. At the regional level, significant efforts have been made to accelerate the reduction of child marriage through the commemoration of the DAC in 2015 under the theme ‘25 years after the adoption of the ACRWC: Accelerate our collective efforts to end child marriage in Africa’. This celebration brought together various stakeholders at all levels to monitor the progress that has been made and the persistent challenges to effectively eliminate child marriage in Africa. In 2017, the ACERWC and the ACHPR adopted a Joint General Comment (GC) on ending child marriage. At the national level, many African countries such as Malawi ; Zambia and Zimbabwe, among others have made significant changes in legislation and policy framework through the adoption of laws and policies criminalizing child marriage. Despite the progress that has been made, child marriage is still prevalent in many African countries. So, dear motherland Africa, let us intensify our efforts to ensure the effective implementation of the recommendations provided in the joint GC on ending child marriage to accelerate its elimination in Africa.
Warm regards,
Nininahazwe Aline
Legal Officer, Secretariat of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
DIVERSITY AND INCLUSION IN AFRICA
Dear Africa,
On this 20th anniversary of the Maputo protocol, I want to remind you that measures taken so far to respond to the requirements of article 23 of the Maputo protocol is minimal. To realize the effective implementation of article 23 of the Maputo protocol, it would have been important to ratify the African disability protocol and to take domestic legislative measures specifically on women with disabilities. Unfortunately, however, only 11 African countries have so far ratified and is awaiting the ratification of 15 countries to enter into force. On the other hand, the domestication of article 23 of the Maputo protocol is not as envisaged under article 23 of the Maputo protocol. Though significant number of African countries have adopted disability policies and laws, they do not properly mainstream women with disabilities nor they have specific policy measures to ensure the effective implementation of article 23 of the Maputo protocol. Hence, I urge Africa to exert due efforts for the ratification of the African disability protocol in general and to take specific legislative measures for the protection of women with disabilities pursuant to article 23 of the Maputo protocol.
Warm regards,
Yilkal Hassabie
Young Scholar, 2023 Human Rights Academic Conference
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, we celebrate the remarkable progress achieved in advancing the rights of women and girls across our continent. The journey we embarked upon in 2003 has yielded significant milestones. In particular, we commend the positive steps taken by few nations to implement Article 8 of the Maputo Protocol, which underscores the fundamental principle of equality before the law. This provision not only reaffirms the equal status of women and men but also emphasizes the need for states to reform existing discriminatory laws and practices to protect the rights of women, including lesbians. It is a beacon of hope for lesbians who face violence and injustice due to prejudiced laws and practices. Despite the progress made, it is evident that many African states still lag behind in reforming discriminatory laws. We remain hopeful that continued efforts will bring about the necessary change and ensure equal protection and rights for all. As we reflect on the past two decades, let us renew our commitment to upholding the Maputo Protocol and its vision of a continent where all individuals, regardless of their sexual orientation, are guaranteed justice and equal protection before the law.
Ronald Kihali
Young Scholar, 2023 Human Rights Academic Conference
REIMAGINING THE RIGHTS OF AFRICAN WOMEN AND GIRLS IN CONFLICT AND DISTRESS
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, we African women appreciate the protections you offer to us in the Maputo protocol. Especially so, for women affected by conflict, civil strife, and systemic violence. You acknowledge the violations women go through and you provide protections and right to a remedy. You have also given women agency and stated that they should be active participants in post conflict reconstruction. However, despite these wonderful provisions, the reality for women in conflict situations remains dreadful. We continue to hear of horrific violations happening to them on a daily basis. We know how difficult it is for them to access pathways for justice and reparations. Dear Africa, it was here, in these lands where rape was recognized as an international crime. You are capable of protecting and providing remedy for such women We continue to look up to you. Please help us to enjoy the provisions of the Maputo protocol.
Ms. Kasiva Mulli
Researcher, RWI Office in Nairobi
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, in these times of increasing number of conflicts, I sincerely appreciate the bravery, sacrifice, and tenacity shown by women and girls towards our shared journey to justice, equality, and prosperity. I want to express profound admiration for the substantial progress many of our nations have made in implementing the provisions of the Maputo Protocol. This ground-breaking document has been a beacon of hope, signalling our collective commitment to upholding the rights of women and girls across Africa. Several countries and civil society organisations have made admirable strides in implementing the pillars of the women, peace and security agenda. These achievements, however small or large, must be recognised and celebrated. Yet, as we commemorate these strides, we must recognise areas that need further introspection on issues that negatively impact the right to peace and the situation of women in conflict. The stark reality is that too many of our women and girls still bear the disproportionate brunt of conflicts, facing violence, displacement, and abuse. Despite the commendable efforts to protect women and girls, there are limited accountability measures and inadequate implementation. Constructively, there is a need for stricter accountability measures to ensure justice, wider involvement and engagement of women, including survivors, holistic rehabilitation and support, and preventive diplomacy.
Warm regards,
Smith Naseri
African Union Commission Department of Political Affairs Peace and Securit
On this 20th Anniversary of the Maputo Protocol, I am honored to be a daughter of your soil for a time such as this. You see Mama, the adoption of the Maputo Protocol in 2003 created a whole new world for African women- allowing us to re-imagine our identities… and our lives – politically, socially, culturally, and economically. It allowed us to dream of new realities and possibilities that those before us never dared to. But despite this new hope and aspirations, our African woman continues to face structural and system inequalities particularly in the justice sector continuum. Did you know for instance, that the number of female prisoners globally is growing much faster than male prisoners? Scary, isn’t it? Mama Africa, the rising number of female prisoners worldwide and within the continent exposes the shortcomings our criminal justice systems to provide gender-responsive laws, structures, and programs for women in conflict with the law. Our systems continue to be de-sensitized on the unique pathways that lead women to crime, their care-giving responsibilities, and disproportionate victimization of women offenders. This Mama remains one of our greatest challenges in realizing Article 8 and Article 24(b) of the Maputo Protocol. I however remain hopeful that, just as with every other accomplishment of the Maputo Protocol, we will make significant progress on this. I remain hopeful that we will continue to record the lowest rates in the incarceration of female offenders, not due to inefficiencies of our systems, but because of the awakened call by Partner States to design criminal justice systems that respond to women’s unique pathways and gender-sensitive needs.
Warm regards,
Jackie Mathenge
Programme Officer- Kenya Programme RWI Nairobi
REALITIES OF SEXUAL AND REPRODUCTIVE HEALTH RIGHTS (SRHR)OF AFRICAN WOMEN
Dear Africa,
On this 20th Anniversary of the Maputo Protocol we stand with pride knowing that we have the first instrument to make abortion a human right and tell a woman that she has control over her own body. Article 14 of the Maputo Protocol gives us hope that women can potentially have bodily autonomy. It allows us to dream of a world where African women can decide for themselves whether or not to have children. But tell us, dear Motherland, how do we convince the gatekeepers of culture and the wielders of religious power that a woman’s body is her own and only she should make decisions about it? Too many of your daughters are dying from unsafe abortions, while others have come too close to losing their lives. We need better legal frameworks, we need changes in our societal perceptions, and we need health systems that work. Together we can save your daughters from needless death.
Warm regards,
Susan Mutambasare
Senior Scholar 2023 Human Rights Academic Conference
Dear Africa ,
On this 20th Anniversary of the Maputo Protocol, we pause to reflect on the progress made and the challenges that lie ahead. Article 14(2)(c) of the Protocol, which addresses the rights of women to access safe and legal abortion, remains a critical milestone in our journey towards gender equality , the right to dignity and non-discrimination. Over the past two decades, Africa has taken significant steps to empower women in politics and leadership roles. We have witnessed inspiring examples of female leaders who have shattered glass ceilings, proving that women are indispensable in shaping our continent’s future. Yet, much work remains. To fully implement Article 14(2)(c), we must redouble our efforts to ensure that women across Africa have access to critical health services and information at all levels. We call upon governments, civil society, and citizens to actively support women’s comprehensive access to their sexual and reproductive health rights by eliminating barriers to access to information, promoting gender-sensitive laws and policies, and heavily invest in health systems strengthening. We equally urge all governments that have placed a reservation on Article 14(2) (c) , to withdraw these reservations and implement the full text of the protocol without reservations. As we celebrate this 20th Anniversary, let us recommit ourselves to the ideals of the Maputo Protocol. By advancing gender equality and empowering women, we not only honour the past but also pave the way for a brighter and more equitable future for Africa.
Warm regards,
Timothy Thondu
Junior Scholar, 2023 Human Rights Academic Conference
ADVANCING PARTICIPATION OF AFRICAN WOMEN IN POLITICS
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, your efforts towards ensuring the participation of women in public life, particularly within elections are highly commended. Statistics show that more than two-thirds of African countries have adopted electoral gender quotas as affirmative action while several African constitutions advocate for gender equality. However, despite the progress made in ensuring the participation of women in public life, women still face several barriers. Violence against women in elections is one of the leading barriers to the realisation of women’s political rights. Whereas Article 4 of the Maputo Protocol protects women against all forms of violence, it makes no express provisions for violence against women in elections. Therefore, to ensure that States adequately address violence against women in elections, the African Commission should require member states to report on measures taken to address violence against women in elections as part of their state reporting obligations.
Warm regards,
Mosupatsila Nare
Junior Scholar 2023 Human Rights Academic Conference
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, you are no longer at zero. The effort of your motherland is slowly bearing fruits. Thanks to the adoption of the Maputo Protocol in 2003, we now boast of regional instruments, including the African Democracy Charter, which has been instrumental in ensuring women’s participation in political and electoral processes. However, women’s political representation is barely at 40% for most of the African States. Rwanda luckily, has shown us that it is possible for women to attain an above 50% representation, if states enforce the right electoral systems and legislations. So dear motherland Africa, let us not relent, let us live by Article 9 of the Maputo Protocol which tasks us with taking positive action to promote equal participation of women in governance processes.
Kind regards,
Lilian Khalai Mulaa
ENHANCING WOMEN’S ECONOMIC AND SOCIAL EMPOWEREMENT
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, I rejoice in you. Your journey to equality has been riddled with many setbacks. But you have not let them derail you from your efforts towards bridging gender gaps in the economic, social and political spheres. This is not to say that the fight is over. Nope! We have barely scratched the surface. It’s just that as an African woman, I just can’t help but acknowledge that my current reality is many times better than that of those who’ve gone before me. I say this with utmost humility and gratitude to all who fought in ways both big and small for the rights I’ve enjoyed and continue to enjoy. Unfortunately, poverty continues to be our undoing. In addition to making basic conditions of life nearly impossible to achieve, it robs us of our dignity contrary to Article 3 of the Protocol. Although there is no simple solution for it, the need for women’s economic empowerment, which was a cry made 20 years ago, continues to ring true and necessary today. Africa, let us re-imagine our future without poverty.
Warm regards,
Ivy Gikonyo
Junior Scholar, 2023 Human Rights Academic Conference
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, I am proud of you because following the adoption of the Protocol in 2003, we have instruments including African Union’s Agenda 2063 which affirms “the Africa we want” in establishing the rule of law, one of its aspirations centering on the promotion of women’s rights to access justice amongst others. Women’s rights to access justice in Uganda and Africa as a whole is guaranteed by international, regional and domestic laws, though these may have limited or no impact without government support and funding. Women’s access to justice is greatly dependent and likened to socio-economic rights such as reduction of poverty, gender inequality, discrimination and marginalisation. Therefore Africa, let strive to live by Article 8 of the Maputo Protocol to ensure equal access to justice, equality and protection before the law irrespective of one’s gender.
Warm regards,
Violla Nabawanda
Senior Scholar, 2023 Human Rights Academic Conference
RATIFICATION, DOMESTICATION AND IMPLEMENTATION OF THE MAPUTO PROTOCOL
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, it is a good time to take stock of all the progress that we have made as we look forward to the next two decades. I dare say that the Maputo Protocol has been the key instrument that has put into the fore the rights of women in Africa and compared to the situation two decades ago, we are now able to have more open discussions across the continent on the rights of women. Even with all the steps forward, a lot more remains to be done especially around implementation of this landmark protocol. This is why Raoul Wallenberg Institute’s (RWI) Regional Africa Programme continues to have a focus on implementation of the Maputo Protocol in a manner which recognises gender inequality and gives special attention to realization of the human rights of women. RWI works in a two-pronged approach of treating rights of women as a cross-cutting issue ensuring that it is integrated into all our work; and developing specialised initiatives such as specific capacity development interventions on the human rights of women.
Warm regards,
Mr. Chris Muthuri
Deputy Director of Office, RWI Office in Nairobi
Dear Africa,
On the 20th Anniversary of the Maputo Protocol, the Protocol remains a groundbreaking Africa-led human rights instrument. Its novel provisions on set the pace for a new phase of women’s rights and affords the opportunity for leveraging its provisions to advance women’s rights in critical areas including education, health, economic activity, and positioning women to accelerate the attainment of the SDG goals. For this reason, it is important that all countries ratify and domesticate the Protocol. The benefits will include empowered women who can offer their optimum to their families, and contribute to national development. It is important for Africa to act in concert for a total ratification of the Maputo Protocol.
Dr. Hilary Gbedemah
Member, UN Elimination of All Forms of Discrimination Against Women (CEDAW) Committee
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, I am proud of the achievements you have made thus far. Your efforts in advancing women’s and girls’ rights are progressively addressing discriminatory social norms. Women are increasingly gaining access to resources like land and education and elevating their economic status. The increasing number of women and girls participating in political and decision-making processes warms my heart with so much pride. Against all odds, you remain committed to ensuring full gender equality in all spheres of life as part of the aspiration of the Africa We Want. This commitment however can only be actualized if all African States ratify, domesticate and implement agreed commitments on gender equality. Currently, 44 States that have ratified the Maputo Protocol, but only 19 have submitted initial reports. Without universal ratification and consistent reporting on the status of your compliance to agreed commitments, it is impossible to track achievements in advancing gender equality. As such, the German Federal Ministry for Economic Cooperation and Development, commissioned the GIZ-AU Project “African Women Advancing Rights and Empowerment” to strengthen the implementation of continental commitments on gender equality and human rights in Africa, including those in the Maputo Protocol.
Warm regards,
Ms. Rizzan Nassuna.
Senior Advisor, GIZ African Union
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, its implementation on motherland continues to consolidate and flourish with at least 90% of member states having submitted at least one report to the African Commission. As a result, the concluding observations continue to shape the African landscape for women and girls. Concurrently, the African Court has joined the African Commission and Committee of Experts in rendering decisions under the individual complaint’s procedure. These decisions as combined with recommendations collectively give expression to all aspects of the promises the Maputo Protocol makes to African women and girls. These promises are encored in other complimentary African human rights treaties rich in human rights standards marinated in African philosophy. Yet, the challenge that remain is to ensure that states fully implement decisions and recommendations of the three African human rights bodies for the Maputo Protocol to have effect on the ultimate beneficiaries – African women and girls! In this regard, national and international stakeholders should pool resources and expertise to assist those African member states that genuinely lack these elements so that they fully implement the treaties and execute decisions rendered against them. This way, an all-stakeholder approach will give the Maputo Protocol and its complimentary instruments a reach chance of full realisation.
Warm regards,
Dr. Tarisai Mutangi
Academic Network Member, Regional Africa Programme by RWI Office in Nairobi.
Dear Africa,
On this 20th Anniversary of the Maputo Protocol, I am proud to have come from a continent that has adopted such a groundbreaking, specific and comprehensive legal instrument protecting women’s rights and advancing gender equality. However, I know it is not yet time for euphoria; our work is far from being done. A gulf exists between what is protected and what is enjoyed as women’s rights. Twenty years is a good enough time to assess the implementation of the Protocol, do stocktaking, acknowledge gains made, identify roadblocks and what needs to be done to ensure that beyond dejure protection, women enjoy equal rights, access, and opportunities in practice (de facto). The emphasis should shift to effective implementation and monitoring of the Protocol to ensure that the Government’s obligation to protect, respect and fulfil women’s human rights becomes a reality. It is imperative we move away from rhetoric to action, from standard setting to implementation, and domestication of the Protocol to be applicable at municipal levels. Moving forward, I implore Africa to demonstrate political and economic leadership and establish institutional mechanisms and frameworks for effective implementation and monitoring towards fully realising standards in the Protocol.
Warm regards,
Prof. Joy Ngozi Ezeilo
Academic Network Member, Regional Africa Programme by RWI Office in Nairobi.
SPECIAL CALL TO ACTION: MAPUTO AT 20
Dear Africa,
As we celebrate 20 years of the Maputo Protocol, I salute all the founding mothers and champions, on whose shoulders we all stand! We must acknowledge with utmost humility, that the struggle that brought us to where we are today, started well before the adoption of the Protocol. As we celebrate lets us remember all those women, children and men in conflict zones, that provide a fertile ground for violation of all the rights enshrined in the Maputo Protocol. At 20 years, reflecting on the progress made and the uphill task still up ahead, it is time to review how we have been doing things and innovate for better results. Universal ratification of the Maputo protocol is still a possibility, there are only 11 states left. I call on all stakeholders, member states, national human rights institution, civil society organisations, the women, men and children of Africa, to work with concerted effort for universal ratification, implementation and domestication of the Maputo Protocol! We must together work to breathe life to the progressive and innovative provisions of our Protocol to ensure real and effective impact on the lives of the women of the continent, for the effective realisation of the “Africa we want”!
Warm regards,
Hon. Janet Ramatoulie Sallah-Njie
Commissioner and Special Rapporteur on the Rights of Women in Africa, African Commission on Human and Peoples’ Rights
