MaputoAfrican Year ofProtocol Human Rights on with Women’s a focus on the Rights Rights: of Women A Living Document for Women’s in Africa Submitted by the Women, Gender and Development Directorate (WGDD) of the Commission

The Protocol to the African Charter on Human and has adopted a family code on that People’s Rights on the Rights of Women in Africa prohibits polygamy and affords children equal access ( Protocol) remains one of the most progres- to rights irrespective of their status; Sierra Leone’s sive legal instruments providing a comprehensive Registration of Customary Marriage and Divorce Act set of human rights for African women. Unlike any protects women entering into customary marriage other women’s human rights instrument, it details from forced marriages; and South Africa promul- wide-ranging and substantive human rights for wom- gated the Promotion of Equality and Prevention of en covering the entire spectrum of civil and political, Unfair Discrimination Act (PEPUDA) which is regard- economic, social and cultural as well as environmen- ed as the most important law after its constitution. tal rights. It would not be incorrect to name it the It guarantees women equal protection and benefit African Bill of Rights of Women’s Human Rights. of the law. Policy arrangements in place include Al- geria’s introduction of the solidarity school bonus Since its adoption 13 years ago in 2003, the Maputo for students from disadvantaged communities and Protocol has contributed in shifting the trajectory on distribution of free books and uniforms to promote the promotion and protection of women’s human girls’ education and women’s literacy2; Ethiopia’s es- rights in Africa. At the first instance, it challenges the tablishment of a Health Extension Programme (HEP), old stereotypes about the role of women in society which deploys Health Extension Workers (HEW) to and places women as full, effective and equal part- communities as a means to take key maternal, neo- ners with men in the development of their commu- natal and health interventions to communities in nities. It places a moral obligation on African Union order to reduce maternal and child mortality;3 and Member States to promote equal opportunities for Tunisia’s creation, within the development scheme men and women to play meaningful roles in society. of 2016 – 2020, of a programme which provides fi- The Maputo Protocol is indeed a demonstration of nancial support to women’s projects. the goodwill and total commitment of the African Union Member States to invest in the development Many African Union Member States have established and empowerment of women, who represent the special national machineries to promote and protect majority population in most African countries. the rights of women. In addition to human rights commissions, which are traditionally regarded as Na- Through this progressive instrument, Africa has wit- tional Human Rights Mechanisms, there are specific nessed the adoption of equally innovative laws, poli- Gender Equality or Equal Opportunities Commissions cies and other institutional mechanisms at a national specifically dedicated to the rights of women. These level to advance women’s human rights. For exam- are found, for example, in countries such as Uganda, ple, according to a report of the African Union Special Kenya, Rwanda, South Africa and Zimbabwe. Rapporteur on the Rights of Women in Africa,1 Benin teur-on-rights-of-women-in-africa-presentation-for-csw-implementa- 1 The report was given as part of a presentation on the “State of Ratifi- tion.pdf accessed on 14/05/2016 11h49. cation of the Maputo Protocol” during the AU Ministerial Consultation 2 Algeria’s 2015 report to the African Union Commission on the Solemn Meeting held on 18 March 2016, on the margins of the 60th Session Declaration on Gender Equality in Africa of the United Nations Commission on the Status of Women (CSW), 3 Ethiopia’s 2015 report to the African Union Commission on the Sol- in New York, USA. http://www.peaceau.org/uploads/special-rappor- emn Declaration on Gender Equality in Africa

4 African Year of Human Rights with a focus on the Rights of Women

The above demonstrates that indeed the Maputo trenched cultural and religious practices, exclusion- Protocol is a living document that should continue ary economic systems; low or lack of support for to be translated into domestic laws and programmes women candidates in politics and public life; as well to ensure that women enjoy the rights provided in as women’s inability to own or inherit land. the Protocol. The declaration of 2016 as the Year of African Hu- While celebrating the great achievements that the man Rights with a Particular Focus on the Rights of Maputo Protocol has brought to the African human Women represents a call for accelerated action for rights agenda, it is also recognized that more action African Union Member States to remove all barriers is needed to guarantee women and girls the full en- that impede the full enjoyment of women’s human joyment of their human rights. Many challenges still rights and to create enabling environments for wom- persist that hinder women and girls from attaining en and girls to reach their full potential, in further- their full rights. These include, among others, en- ance of Africa’s Agenda 2063.

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