20 years of the Maputo Protocol: report reflects on progress and challenges in advancing women's rights

Solidarity for African Women’s Rights Coalition (SOAWR), Equality Now, and Make Every Woman Count jointly released groundbreaking report recently examining the impact and implementation of the Maputo Protocol, a crucial legal instrument for promoting gender equality in Africa

IN commemoration of the 20th Anniversary of the Maputo Protocol, the Solidarity for African Women’s Rights Coalition (SOAWR), Equality Now, and Make Every Woman Count have jointly released a groundbreaking report titled 20 Years of the Maputo Protocol: Where are we now?. The report, available at SOAWR. org, highlights the progress made in Africa towards the ratification, domestication, and implementation of the Protocol, shedding light on key achievements and challenges.

The Maputo Protocol, a crucial legal instrument for the promotion and protection of women's rights in Africa, has played a pivotal role in addressing critical issues affecting women's lives. Serving as a comprehensive legal framework, it promotes women's empowerment and participation while establishing a system of accountability for African countries. By integrating the Protocol's principles into their legal systems, member states ignite a culture of transparency and progress in the promotion of gender equality.

One of the Protocol's significant achievements is its explicit condemnation of harmful practices such as female genital mutilation, child marriage, and violence against women. This sends a clear message that these violations must be eradicated. With 44 out of 55 African Union (AU) member states having ratified or acceded to the Protocol, and eight countries having signed but not yet acceded to it as of June 2023, the Maputo Protocol has become one of the most ratified instruments in the AU.

However, the report highlights that while 80 percent of AU member states have ratified or acceded to the Protocol, the full implementation of its provisions remains a work in progress. Some states have submitted reservations to modify the legal effect of certain provisions, posing challenges to its comprehensive implementation. Nevertheless, human rights campaigners agree that allowing reservations is preferable to states not adopting the Maputo Protocol at all.

Rainatu Sow, Director of Make Every Woman Count, emphasised the importance of ratifying the Protocol, stating, ‘The ratification of the Protocol is a crucial step towards achieving gender equality. Ratifying the Maputo Protocol sends a powerful message that states are committed to protecting and promoting women's rights.’

The report also brings attention to the challenges faced in reporting progress. Only 19 states have submitted their initial reports as required under Article 26(1) of the Protocol, and many reports have experienced significant delays. The SOAWR members, during the report launch, underscored the need for increased training of member states on reporting, strengthened data collection through crosssector collaboration, and improved clarity on reporting deadlines. They also called for the African Commission (ACHPR) to consider extending the reporting time frame.

While progress has been notable, the report reveals that it is not evenly distributed across different areas. Economic and social welfare rights have seen considerable improvement, with over 50 percent of African countries enacting laws mandating equal remuneration for work of equal value and providing extended paid maternity leave. Several countries have also prohibited gender-based discrimination and sexual harassment in the workplace.

Legislation related to marriage rights has been enacted in AU Member States, addressing issues such as the legal age of marriage and increasing punishments for early, child, and forced marriages. Institutional reforms and awareness campaigns have contributed to the prohibition of child marriage in some countries.

Regarding health and healthcare, the report highlights that nearly all countries have maintained constitutional provisions related to health and healthcare, with six countries enshrining rights related to reproductive healthcare. Legislative reforms and laws combating gender-based violence have supported reproductive health rights, with efforts made to combat practices like female genital mutilation through constitutional reforms, national action plans, and the establishment of support services.

Women's participation in political and decision-making processes has seen progress as well. Ten countries have implemented constitutional provisions establishing quotas for women's representation in legislatures. National gender or development strategies have integrated approaches to increase women's participation in politics, accompanied by awareness campaigns and initiatives to boost representation.

The report also examines the state of protection for women and girls from violence in armed conflict and the rights of specially protected women's groups. It highlights that AU countries have given attention to these areas, implementing constitutional and institutional reforms to address the issue.

However, despite the progress achieved over the past two decades, challenges persist. African governments are urged to prioritise eliminating harmful traditional practices, gender-based violence, and discrimination against women and girls. Harmonising national laws with the principles outlined in the Maputo Protocol and challenging deeply entrenched societal beliefs are crucial steps towards achieving gender equality.

During the launch ceremony in Nairobi, Kenya, Aisha Jumwa, the Cabinet Secretary for Kenya's Ministry of Public Affairs, Gender, and Affirmative Action, emphasised the significance of the Maputo Protocol, saying, ‘The Maputo Protocol stands at a crucial moment whereby beyond earning recognition as one of the most important and progressive frameworks on women's rights, there is a need for countries to reaffirm their commitments, accelerate efforts, and deploy adequate resources in order to realise the aspirations of all women and girls in Africa. As Kenya, we are keen on ensuring that the provisions of the Maputo Protocol are implemented to their full extent.’

In the report, the SOAWR Coalition calls upon the 11 remaining AU Member States, namely Botswana, Burundi, Central African Republic, Chad, Egypt, Eritrea, Madagascar, Morocco, Niger, Somalia, and Sudan, to renew their commitments and promptly ratify the Maputo Protocol. By doing so, these countries will fulfil their promises to the women and girls in their nations, contributing to a more equitable and prosperous continent.

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