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The Maputo Protocol at a Glance

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The Maputo Protocol at a Glance • Sexual harassment (article 12 & 13) Rights relating to peace • The long-standing controversy between monogamy The Maputo Protocol • Domestic violence (article 4(2)(a)) • Women’s participation in peace and conflict and polygamy is resolved in the Maputo Protocol • Support to victims of violence, including heath prevention and management (article 10(1)) and and it is for the first time explicitly stated that The Protocol to the African Charter on Human and services and psychological counselling (article 5(c)) in all aspects of post-conflict reconstruction and “monogamy is encouraged as the preferred form of Peoples’ Rights on the Rights of Women in Africa, rehabilitation (article 10(2)(e)) marriage” whereas the rights of women in polygamous popularly known as the Maputo Protocol was adopted • Reduction of military expenditures in favour of social marriages are also protected. in 2003 and came into force in 2005. 41 countries have Rights relating to marriage spending (article 10(3)) • The need to adopt a gender perspective in national ratified it as at early 2018. The African Commission on • Marriage and its effect on property relations, development procedures including prioritisation of Human and Peoples’ Rights oversees implementation of nationality, name (article 6(e) to (j)) gender budgeting. the Maputo Protocol. • Minimum age of marriage (article 6(b)) Protection of women in armed conflicts • Registration of marriages (article 6(d)) • Protection for asylum seekers, refugees, internally • The requirement that the negative effects of • Protection of women in polygamous marriages displaced women and the punishment of all violators globalisation, trade and economic programs be (article 6(c)) of such protection (article 11(1) – (3)). reduced for women. • Protection of women during separation, divorce or • Protection of children especially girls from annulment of marriage (article 7) participating directly in hostilities and prevents • Protection of children in the family (article 6(i)) children from being recruited as soldiers (article State Obligations 11(4)) Domestication & Implementation Centre for Human Rights Health and reproductive rights States accrue certain key obligations on ratification of The Centre for Human Rights, University of Pretoria, is an • Access to health services (article 14(2)(a)) Rights of specially protected women’s groups the Protocol. While ratification is an imperative first step, internationally recognised university-based institution • Reproductive health services, including the reduction • Widows, including inheritance rights (articles 20 & 21) domestication is absolutely essential in order to ensure combining academic excellence and effective activism to of maternal mortality (article 14(1)(a) & (b)) • Elderly women (article 22) advance human rights, particularly in Africa. It aims to that the promises of the Protocol are realised for women • Provision for abortion (article 14(2)(c)) • Women with disabilities (article 23) contribute to advancing human rights, through education, and girls in Africa. The Protocol requires state parties research and advocacy. • HIV/AIDS (article 14(1)(d) & (e)) • Women in distress (article 24) to take legislative, institutional and other measures in • Sex education (article 14(1)(g)) implementing its provisions. In doing so, states are called For more details on the Centre, visit www.chr.up.ac.za to be cognisant of their obligations to protect, promote Economic, social and cultural rights and fulfill women’s rights. Women’s Rights Unit A Snapshot of the Protocol • Economic and welfare rights (article 13) • Right to food security (article 15) The Women’s Rights Unit aims to promote implementation The Maputo Protocol is elaborate in its protection of • Right to adequate housing (article 16) and popularisation of the Maputo Protocol through research, State Reporting training and advocacy. The Unit aims further to support women and includes all categories of rights drafted from • Right to positive cultural context (article 17) • Right to a healthy and sustainable environment the Special Rapporteur on the Rights of Women in Africa, to a women’s rights perspective. Related to implementation is the obligation of state strengthen regional mechanisms with a commitment to the (article 18) reporting under the Maputo Protocol. States are advancement of women’s rights, to promote gender sensitive A snapshot of the Maputo Protocol is provided here • Right to sustainable development, including the right required to submit periodic state reports (every 2 years), policies and practices, and strategise for the provision of equal under key themes: to property; access to land and credit (article 19) indicating their progress, good practices and challenges opportunities for women in Africa. in the implementation of the Maputo Protocol. The The Unit provides technical support to states and civil society African Commission has the mandate to examine these Equality & non-discrimination actors on a number of areas including state reporting, shadow reports and to issue states with concluding observations. • Elimination of discrimination (article 2) reporting and engaging with concluding observations. • Access to justice, including legal aid and the training These concluding observations are a manifestation of For more information please contact: of law enforcement officials (article 8) Innovations Patience Mpani the dialogue between the Commission and member • Political participation and decision-making (article 9) Project Manager: Women’s Rights Unit states. They include commendations, criticisms and • Education (article 12) The Maputo Protocol is celebrated for its innovation in Centre for Human Rights, University of Pretoria women’s rights protection. The Maputo Protocol is the recommendations all with the objective of improving a Email: [email protected] first global legally binding treaty to address the following state’s ability to implement the Protocol. Tel: +27 (0) 12 420 4526 Protection against violence issues: • Bodily integrity and dignity, including sexual violence, States that are party to both the African Charter and the trafficking of women and medical and scientific • The right to medical abortion. Maputo Protocol are expected to submit one report with experimentation (article 3 & 4) • Women’s rights protections in the context of HIV & AIDS. Part A of the report dealing with the Charter while Part B • Practices harmful to women, including female genital • Prohibition of harmful practices and female genital is dedicated to the Protocol. The African Commission has mutilation (article 5). mutilation (FGM), in particular. developed Maputo Protocol State Reporting Guidelines. • Gender stereotypes (article 4(2)(c) & (d)) States should adhere to these guidelines in their reports. CENTRE FOR HUMAN RIGHTS The Centre for Human Rights is located within the Faculty of Law, at the University of Pretoria. The Centre OTHER ADVANCED was established in 1986 and was part of the movement HUMAN RIGHTS to eliminate the apartheid system of the time. Members of the Centre participated in meetings with the liberation COURSES movements outside the borders of South Africa, organised conferences and participated in efforts to promote human Race and Common Citizenship in a rights in South Africa, and, when the transition came, South African context served as technical advisers to both the interim and final 9 - 12 April 2018 constitution writing process. Over the years, the Centre has positioned itself in an unmatched network of practising and Judicial Enforcement of Socio-economic academic lawyers, international and national civil servants Rights and human rights practitioners across the entire continent, 14 - 18 May 2018 Take Action! with a specific focus on human rights law in Africa, and Engage with the international development law in general. Civil Society Law in Africa 4 - 6 July 2018 Maputo Protocol The activities of the Centre include four continental Master’s programmes in HumanRights and Democratisation • Find out your country’s ratification status. in Africa, International Trade and Investment Law in Business and Human Rights If it has not yet been ratified, undertake advocacy. Africa, Sexual and Reproductive Rights in Africa, and 16 - 19 July 2018 • Find out about your country’s reporting status. Multidisciplinary Human Rights; short courses for civil Get involved in the development of the state report. servants and others from all countries of Africa; an Children’s Rights in Africa Develop and submit a shadow report to the African annual African Human Rights Moot Court Competition 23 July – 27 July 2018 Commission to assist in their dialogue with states. which is attended by the vast majority of law faculties Include a list of helpful questions on key women’s rights concerns. on the continent and the Nelson Mandela World Human The Right to Development in Africa Rights Moot Court Competition; publishing the leading 20 - 24 August 2018 Being a Being a woman, to me, Being a woman to me • The African Commission has established the publications in the field of human rights law in Africa, The transgender woman means being magic. means daring to live mandate of a Special Rapporteur on the Rights including the African Human Rights Law Journal and the Police Oversight and Accountability in of Women in Africa (SRRWA) is a blessing. YouAfrican do Human Rights Law Reports; and anIt academicmeans strength. It life on my own terms, Inform and engage with the SRRWA on high-level Africa not
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