Introduction
Although they are considered to be inexhaustible sources of knowledge and experience in Africa, older people are still vulnerable because they are sometimes stereotyped and discriminated against. To alleviate this problem, a Protocol to the African Charter on Human and Peoples’ Rights on Older Persons has been drawn up. What is this protocol and what rights does it guarantee?
Adoption, signature and ratification of the Protocol
Adopted in 2012 by the African Court on Human and Peoples’ Rights (ACHPR) and on 31 January 2016 by the African Union in Addis Ababa, Ethiopia, the Protocol on the Rights of Older Persons in Africa is a 32-article document enshrining the recognised rights of older persons, which rights must be implemented by States parties, and the duties that older persons must fulfil.
Until 2023, the protocol did not enter into force because the minimum of 15 ratifications, for its entry into force had not been reached. To date, only 11 countries have ratified it, out of 24 signatory states.
The rights guaranteed by the Protocol
The Protocol sets out a number of essential rights. It enshrines the principles of non-discrimination of older persons in all areas, access to health care, social protection and in times of conflict, employment, etc
It also addresses the issue of protecting the elderly against abuse and harmful traditional practices. Article 8 paragraphs 1 and 2 state that States Parties undertake to “prohibit and repress all forms of harmful traditional practices against older persons” and to “eliminate harmful traditional practices, including accusations of witchcraft, which affect […] the dignity of older persons”.
Reaffirming their role, article 20 of the protocol refers to the duties of older persons as including “mentoring younger generations by passing on their knowledge; promoting and facilitating intergenerational dialogue and solidarity within families and communities; and playing a role in mediation and conflict resolution”.
Conclusion
With a view to protecting vulnerable people, Africa is continuing to develop legal instruments to protect the weakest. This protocol is adapted to the African context, giving the elderly their rightful place in traditional African communities, particularly as “wise men and guardians of traditions”.
