Maputo Protocol

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Maputo Protocol
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
Maputo Protocol participation map.svg
Type Human rights instrument (women)
DraftedMarch 1995 (Lome, Togo) [2]
Signed11 July 2003
Location Maputo, Mozambique
Effective25 November 2005
Condition Ratification by 15 nations of the African Union
Signatories49
Parties42
Depositary African Union Commission
LanguagesEnglish, French

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, is an international human rights instrument established by the African Union that went into effect in 2005. It guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to female genital mutilation. [3] It was adopted by the African Union in Maputo, Mozambique, in 2003 in the form of a protocol to the African Charter on Human and Peoples' Rights (adopted in 1981, enacted in 1986).

Contents

History

Origins

Following on from recognition that women's rights were often marginalised in the context of human rights, a meeting organised by Women in Law and Development in Africa (WiLDAF) in March 1995, in Lomé, Togo, called for the development of a specific protocol to the African Charter on Human and People's Rights to address the rights of women. The OAU assembly mandated the African Commission on Human and Peoples' Rights (ACHPR) to develop such a protocol at its 31st Ordinary Session in June 1995, in Addis Ababa. [4]

A first draft produced by an expert group of members of the ACHPR, representatives of African NGOs and international observers, organised by the ACHPR in collaboration with the International Commission of Jurists, was submitted to the ACHPR at its 22nd Session in October 1997, and circulated for comments to other NGOs. [4] Revision in co-operation with involved NGOs took place at different sessions from October to January, and in April 1998, the 23rd session of the ACHPR endorsed the appointment of Julienne Ondziel Gnelenga, a Congolese lawyer, as the first Special Rapporteur on Women's Rights in Africa, mandating her to work towards the adoption of the draft protocol on women's rights. [4] The OAU Secretariat received the completed draft in 1999, and in 2000 at Addis Ababa it was merged with the Draft Convention on Traditional Practices in a joint session of the Inter African Committee and the ACHPR. [4] After further work at experts meetings and conferences during 2001, the process stalled and the protocol was not presented at the inaugural summit of the AU in 2002.

In early 2003, Equality Now hosted a conference of women's groups, to organise a campaign to lobby the African Union to adopt the protocol, and the protocol's text was brought up to international standards. The lobbying was successful, the African Union resumed the process and the finished document was officially adopted by the section summit of the African Union, on 11 July 2003. [4]

Reservations

At the Maputo Summit, several countries expressed reservations. Tunisia, Sudan, Kenya, Namibia and South Africa recorded reservations about some of the marriage clauses. Egypt, Libya, Sudan, South Africa and Zambia had reservations about "judicial separation, divorce and annulment of marriage". Burundi, Senegal, Sudan, Rwanda and Libya held reservations with Article 14, relating to the "right to health and control of reproduction". Libya expressed reservations about a point relating to conflicts. [2]

Ratification process

The protocol was adopted by the African Union on 11 July 2003 at its second summit in Maputo, Mozambique. [5] On 25 November 2005, having been ratified by the required 15 member nations of the African Union, the protocol entered into force. [6]

As of July 2019, out of the 55 member countries in the African Union, 49 have signed the protocol and 42 have ratified and deposited the protocol. The AU states that have neither signed nor ratified the Protocol yet are Botswana, Egypt, and Morocco. The states that have signed but not yet ratified are Burundi, the Central African Republic, Chad, Eritrea, Madagascar, Niger, the Sahrawi Arab Democratic Republic, Somalia, South Sudan, and Sudan. [7]

Articles

The main articles are:

Opposition

There are two particularly contentious factors driving opposition to the Protocol: its article on reproductive health, which is opposed mainly by Catholics and other Christians, and its articles on female genital mutilation, polygamous marriage and other traditional practices, which are opposed mainly by Muslims.

Christian opposition

Pope Benedict XVI described the reproductive rights granted to women in the Protocol in 2007 as "an attempt to trivialize abortion surreptitiously". [8] The Roman Catholic bishops of Africa oppose the Maputo Protocol because it defines abortion as a human right. The US-based anti-abortion organisation, Human Life International, describes it as "a Trojan horse for a radical agenda". [9]

In Uganda, the powerful Joint Christian Council opposed efforts to ratify the treaty on the grounds that Article 14, in guaranteeing abortion "in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus," is incompatible with traditional Christian morality. [10] In an open letter to the government and people of Uganda in January 2006, the Catholic Bishops' Conference of Uganda set out their opposition to the ratification of the Maputo Protocol. [11] It was nevertheless ratified on 22 July 2010. [12]

Muslim opposition

In Niger, the Parliament voted 42 to 31, with 4 abstentions, against ratifying it in June 2006; in this Muslim-majority country, several traditions banned or deprecated by the Protocol are common. [13] Nigerian Muslim women's groups in 2009 gathered in Niamey to protest what they called "the satanic Maputo protocols", specifying limits to marriage age of girls and abortion as objectionable. [14]

In Djibouti, however, the Protocol was ratified in February 2005 after a subregional conference on female genital mutilation called by the Djibouti government and No Peace Without Justice, at which the Djibouti Declaration on female genital mutilation was adopted. The document declares that the Koran does not support female genital mutilation, and on the contrary practising genital mutilation on women goes against the precepts of Islam. [15] [16] [17]

See also

Related Research Articles

<span class="mw-page-title-main">Female genital mutilation</span> Ritual cutting or removal of some or all of the vulva

Female genital mutilation (FGM) is the cutting or removal of some or all of the vulva for non-medical reasons. FGM prevalence varies worldwide, but is majorly present in some countries of Africa, Asia and Middle East, and within their diasporas. As of 2024, UNICEF estimates that worldwide 230 million girls and women had been subjected to one or more types of FGM.

<span class="mw-page-title-main">Women's rights</span> Rights claimed for women and girls worldwide

Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.

Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.

The United Nations coordinated an International Conference on Population and Development (ICPD) in Cairo, Egypt, on 5–13 September 1994. Its resulting Programme of Action is the steering document for the United Nations Population Fund (UNFPA).

<span class="mw-page-title-main">Convention on the Elimination of All Forms of Discrimination Against Women</span> International bill of rights for women

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.

<span class="mw-page-title-main">African Charter on Human and Peoples' Rights</span> International human rights instrument

The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

Contributing to the establishment of human rights system in Africa are the United Nations, international law and the African Union which have positively influenced the betterment the human rights situation in the continent. However, extensive human rights abuses still occur in many sections of the continent. Most of the violations can be attributed to political instability, racial discrimination, corruption, post-colonialism, economic scarcity, ignorance, illness, religious bigotry, debt and bad financial management, monopoly of power, lack/absence of judicial and press autonomy, and border conflicts. Many of the provisions contained in regional, national, continental, and global agreements remained unaccomplished.

The Inter-African Committee on Traditional Practices Affecting the Health of Women and Children(IAC) (French: Comité interafricain sur les pratiques traditionnelles affectant la santé des femmes et des enfants) is a non-governmental organization (NGO) which seeks to change social values and raise consciousness towards eliminating female genital mutilation (FGM) and other traditional practices which affect the health of women and children in Africa.

International Day of Zero Tolerance for Female Genital Mutilation is a United Nations-sponsored annual awareness day that takes place on February 6 as part of the UN's efforts to eradicate female genital mutilation. It was first introduced in 2003.

<span class="mw-page-title-main">Women in the Democratic Republic of the Congo</span>

Women in the Democratic Republic of the Congo have not attained a position of full equality with men, with their struggle continuing to this day. Although the Mobutu regime paid lip service to the important role of women in society, and although women enjoy some legal rights, custom and legal constraints still limit their opportunities.

Research Action and Information Network for the Bodily Integrity of Women is an international non-governmental organisation working to eliminate female circumcision and female genital mutilation.

Nahid Toubia is a Sudanese surgeon and women's health rights activist, specializing in research into female genital mutilation.

<span class="mw-page-title-main">Prevalence of female genital mutilation</span>

Female genital mutilation (FGM), also known as female genital cutting (FGC), female genital mutilation/cutting (FGM/C) and female circumcision, is practiced in 30 countries in western, eastern, and north-eastern Africa, in parts of the Middle East and Asia, and within some immigrant communities in Europe, North America and Australia, aswell as in specific minority enclaves in areas such as South Asia and Russia. The WHO defines the practice as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."

<span class="mw-page-title-main">Women in Africa</span>

The culture, evolution, and history of women who were born in, live in, and are from the continent of Africa reflect the evolution and history of the African continent itself.

<span class="mw-page-title-main">Women in Zambia</span> Overview of the status of women in Zambia

The status of women in Zambia has improved in recent years. Among other things, the maternal mortality rate has dropped and the National Assembly of Zambia has enacted multiple policies aimed at decreasing violence against women. However, progress is still needed. Most women have limited access to reproductive healthcare, and the total number of women infected with HIV in the country continues to rise. Moreover, violence against women in Zambia remains common. Child marriage rates in Zambia are some of the highest in the world, and women continue to experience high levels of physical and sexual violence.

Faiza Jama Mohamed is a Somalian women's rights activist, Africa Regional Director of Equality Now. She has been a prominent campaigner for the Maputo Protocol, and against female genital mutilation.

The legal status of female genital mutilation (FGM), also known as female genital cutting (FGC), differs widely across the world.

In the Gambia, abortion is illegal except to save the life of the mother or to prevent birth defects.

<span class="mw-page-title-main">Abortion in Africa</span>

In Africa, abortion is subject to various national abortion laws. Most women in Africa live in countries with restrictive laws. Most countries in Africa are parties to the African Union's Maputo Protocol, the only international treaty that defines a right to abortion. Sub-Saharan Africa is the world region with the highest rates of unsafe abortions and abortion mortality. Most abortions in the region are unsafe. The region has the highest rate of unintended pregnancy, the primary motive for abortion. The most likely women to have abortions are young, unmarried, or urban. Post-abortion care is widely available.

References

  1. Spain (Canary Islands and Plazas de soberanía), France (Mayotte and Réunion), Portugal (Madeira) and the United Kingdom (Saint Helena).
  2. 1 2 AU Executive Council endorses protocol on women's rights, Panafrican News Agency (PANA) Daily Newswire, 7 September 2003
  3. The Maputo Protocol of the African Union Archived 15 April 2012 at the Wayback Machine , brochure produced by GTZ for the German Federal Ministry for Economic Cooperation and Development
  4. 1 2 3 4 5 Rights of Women in Africa: Launch of a Petition to the African Union Archived 12 October 2008 at the Wayback Machine , Mary Wandia, Pambazuka News 162; 24 June 2004, republished in "African Voices on Development and Social Justice Editorial from Pambazuka News 2004" by Firoze Manji (Ed.) and Patrick Burnett (Ed.), Mkuki na Nyota Publishers, Tanzania, ISBN   978-9987-417-35-3
  5. African Union: Rights of Women Protocol Adopted, press release, Amnesty International, 22 July 2003
  6. UNICEF: toward ending female genital mutilation, press release, UNICEF, 7 February 2006
  7. "List of countries which have Signed, Ratified/Acceded the Maputo Protocol" (PDF). African Union. 19 July 2020.
  8. Pope to diplomats: Respect for rights, desires is only path to peace, 8 January 2007, Catholic News Service
  9. Marking The International Day of Women, 8 March 2008, Vatican Radio
  10. Rights Treaty in Uganda Snags on 'African Values', Women's eNews , 2 June 2008
  11. Open Letter to the Government and People of Uganda Concerning the Ratification of the Protocol to the African Charter on Human Rights and Peoples' Right: On the Rights of Women in Africa, Catholic Bishops' Conference of Uganda, document hosted at Eternal Word Television Network
  12. "Gandi Blogs". africa4womensrights.org. Retrieved 22 December 2020.
  13. Niger MPs reject protocol on women's rights, Independent Online, 6 June 2006
  14. JOURNÉE NATIONALE DE LA FEMME NIGÉRIENNE: Les femmes musulmanes s’opposent aux ‘’textes sataniques’’ relatifs à la femme. Mamane Abdou, Roue de l’Histoire (Niamey) n° 456. 14 May 2009.
  15. Djibouti ratifies the Maputo Protocol against the practice. Conference in Djibouti affirms Koran says nothing about it, WADI
  16. DJIBOUTI: Anti-FGM protocol ratified but huge challenges remain, 14 December 2008, IRIN
  17. Second Thematic Session Third Report – Le Protocole de Maputo Archived 17 May 2008 at the Wayback Machine , French, recording announcement of the Djibouti government's imminent intention to ratify the Maputo Protocol, No Peace Without Justice, 2 February 2005