Introduction
In March 1995, a meeting held in Lomé, organized by Women in Law and Development in Africa (WILDAF), highlighted the need to establish a protocol on women’s rights within the African Charter on Human and Peoples’ Rights. The Organization of African Unity (OAU) mandated the African Court on Human and Peoples’ Rights to develop this protocol. After several sessions and revisions between 1997 and 2000, the process stagnated. In 2003, a conference revived lobbying efforts with the African Union (AU), leading to the official adoption of the protocol on July 11, 2003, during the AU’s second summit. It came into force on November 25, 2005.
Guaranteed rights
Among the rights guaranteed by the protocol are the elimination of discrimination against women, the right to dignity, the right to life, integrity, and security, access to justice, participation in the political process and decision-making, the right to marriage and divorce, the right to peace, protection of women in armed conflicts, the right to education, economic rights and social protection, the right to medical abortion under certain conditions, the right to health, sexual and reproductive health rights, and food security. The protocol also recognizes special protection regimes for elderly women, women with disabilities, and women in distress.
Achievements of the protocol
The Protocol on the Rights of Women in Africa has had a positive impact by strengthening national laws against discrimination and violence, improving access to reproductive health services, and promoting girls’ education. It has also contributed to increasing women’s political representation, raising public awareness of women’s rights, establishing mechanisms for reporting violations, and encouraging cooperation between states and NGOs.
Challenges in implementing the Maputo protocol
Regarding challenges, we can cite those related to the ratification and implementation of the protocol. Out of the 55 AU member states, 49 have signed the protocol, and 44 have ratified it. However, some states, such as Ethiopia, Cameroon, Kenya, Algeria, South Africa, Uganda, and Mauritania, have expressed reservations about certain articles. Concerning the implementation of the protocol, difficulties persist; some countries progress more rapidly than others due to limited resources, conflicting priorities, or a lack of political will. The lack of funding and resources, as well as weak institutional capacities in some countries, also complicate the enforcement of the standards established by the Protocol.
Conclusion
Despite the persistent challenges in its implementation, the Maputo Protocol has significantly contributed to the advancement of women’s rights in Africa by strengthening national laws and improving access to essential services.
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