From The Organisation of African Unity (Oau) To African Union
From The Organisation of African Unity (Oau) To African Union
From The Organisation of African Unity (Oau) To African Union
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PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’
RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA (MAPUTO PROTOCOL)
• Although the African Charter is the primary treaty providing a framework for
human rights in the region, its provisions on women’s rights were largely
seen as ineffective and inadequate. For instance, the Charter failed to address
foster increased respect for and promotion of women’s rights in Africa by
States Parties.
• The drafting of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa resulted from years of activism by
women’s rights supporters in the region which has attempted to reinvigorate
the African Charter’s commitment to women’s equality by adding rights that
were not in the Charter and clarifying the obligations of Government’s with
respect to women’s rights. The development of the Protocol was triggered by
the outcome of the World Conference on Human Rights which was held6 by
the United Nations in Vienna, Austria in June 1993.
PROTOCOL TO THE AFRICAN CHARTER ON HUMAN
AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN
IN AFRICA
•The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa is also known as the Maputo Protocol – alluding to the city
where it was adopted.
•It was adopted on 11 July 2003 in Maputo, Mozambique at the Heads of State
Summit of the AU.
•It entered into force on 25 November 2005 after it was ratified by 15 nations of
the AU.
•As at date, 40 African States have ratified the Protocol (Ethiopia being the most
recent in July 2018).
•14 Member States are yet to ratify.
•3 Member States have neither ratified nor signed (Botswana, Egypt and Morocco).
•Mauritius signed the Protocol on 29 January 2005 in Addis Ababa.
•Ratified on 16 June 2017 subject to reservations made with respect to Articles7
6(b) and 6(c); Article 9; Articles (2)(k),10(2)(d) and 11(3); Article 12(2) and
Article 14(2)(c).
PROTOCOL TO THE AFRICAN CHARTER ON HUMAN
AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN
IN AFRICA
• The Protocol guarantees comprehensive rights to women including the right to take part in the
political process, to social and political equality with men, to control of their reproductive health, and
an end to female genital mutilation. It contains 32 Articles. Reporting is done under Articles 2 – 24.
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STATE REPORTING OBLIGATIONS
•At the 58th session of the African Commission on Human and Peoples' Rights (the African
Commission) States were urged to fulfill their reporting requirements for the Maputo Protocol.
•Article 62 of the African Charter and Article 26 of the Maputo Protocol makes it mandatory for State parties
to submit a report every two years to the African Commission outlining the human rights situation in their
countries.
•Article 62 of the African Charter states: “Each State Party shall undertake to submit every two years from
the date the present Charter comes into force, a report on the legislative or other measures taken with a
view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter”.
•Article 26 (1) of the Maputo Protocol provides that: “States Parties shall ensure the implementation of
this Protocol at National Level, and in their periodic reports submitted in accordance with Article 62 of
the African Charter, indicate the legislative and other measures undertaken for the full realization of the
rights herein recognized”.
•As at date, 13 Countries have reported on the Maputo Protocol.
•Nigeria has reported twice. Mauritius is yet to submit its initial report on the Maputo Protocol.
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AU SOLEMN DECLARATION ON GENDER EQUALITY IN
AFRICA
• At the Third Ordinary Session of the African Union (AU) Assembly of
Heads of State and Government in Addis Ababa, Ethiopia in July 2004,
the Heads of State and Government adopted the Solemn Declaration on
Gender Equality in Africa (SDGEA).
• The Declaration is an important African instrument for promoting
gender equality and women’s empowerment as it strengthens African
ownership of the gender equality agenda.
• The main concerns were related to the status of women and the negative
impacts on women of issues such the high incidence of HIV/AIDS
among girls and women, conflict, poverty, harmful traditional practices,
high population of refugee women and internally displaced women,
violence against women, women’s exclusion from politics and decision-
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making, and illiteracy, limited access of girls to education.