#MaputoProtocol@20
The Maputo protocol turned 20 years old this year, but what does this mean given that only 17 African countries have fully adopted this crucial instrument? As eannaso, we are implementing the SHARP project that is calling for SRH services and commodities to be made accessible, available, affordable and of quality in the Great Lakes Region and this is a critical instrument for us.
Out of the 55 countries in the African continent, only 44 have ratified this instrument. But wait, we have countries that have entered reservations towards this particular key instrument that is, a living document for women and girls’ human rights in Africa’ according to an article by the African Union. This crucial document is to be the most progressive and most ratified of all the other African protocols ever adopted. The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol) remains one of the most progressive legal instruments providing a comprehensive set of human rights for African women and girls.
Though many human rights organizations, private and public institutions civil societies and community groups are calling for the remaining 11 African states to ratify and spot the protocol, concern has been raised on the implementation of the same. Some countries have raised concerns over Article 14 of the protocol and moving to a reservation state. These countries are
This is why the 6th National Human Rights Institutions (NHRIs) Forum was held in Arusha Tanzania from the 18th to the 19th of October 2023 by NANHRI. This crucial meeting had a timely space as it was run along the margins of the 77th public ordinary session of the African Commission on Human and Peoples’ Rights. This particular meeting had seen more than 80+ delegates from across the African continent embrace the meeting in Arusha Tanzania. ?This crucial meeting was hosted by the Network of National Human Rights Institutions (NANHRI)
“Protecting human rights has been an agenda way before the Maputo Protocol. The protocol elaborates on human and women's rights and we need to work on the ratification.” Hon. Janet Ramoutlie Sallah- Njie the Special rapporteur on the rights of women in Africa expressed her concern about global instruments being more praised as opposed to local ones like the Maputo protocol. The meeting was run under the theme ‘The 30th anniversary of the Paris Principles & the 20th Anniversary of the Maputo Protocol: Amplifying the role of NHRIS in the Protection of the Rights of Women and other Vulnerable Groups in Africa’. Success, failures and gaps were highlighted during day one of the meeting and some highlights are as follows;
“As much as Kenya is reserved to removing the restrictions around the Maputo Protocol, the issues around the Protocol and the national laws not being consistent are still a hurdle that needs to be looked at.” Said Dr Bernard Mogesa- Executive Director of the Kenya National Commission of Human Rights KNCHR).
Dr Mogesa reiterated that the Human Rights Commission was working jointly with the Kenyan government and other organizations like FIDA on finding a middle ground: “Inconsistencies within the constitution is one of the major issues that have been raised.” Dr Mogesa called for a review of the penal code that contradicts the Kenyan constitution and other laws. The doctor highlighted that gaps in law and policy are also issues that are being addressed.
The Arusha meeting brought NHRIs and other players to address these discrepancies and this was cited as something very positive. “We are calling for these reservations to be removed.” He concluded.
So, what do NHRIs do?
What is the role of NHRIs in advocating for the ratification Domestication and Implementation of the Maputo Protocol?
There have been cases of verbal abuse when it comes to young women and girls who go to deliver and there are cases that have been launched in Kenya said Ms. Wanjiru Kamanda during the afternoon panel touching on ‘Status of Health and Reproductive Rights as Enshrined in article 14 of the Maputo protocol’ stated that: Uganda, Tanzania, Malawi and Kenya still criminalize abortion and in the long run, there are a lot of stigmas. This has seen the spike in backdoor abortions resulting in death etc. Though Rwanda lifted its reservation for Article 14, there are still a lot of other issues that still make access to abortion services a nightmare. ‘There are laws and policies that prohibit adolescents from accessing reproductive health services and this results in to lack of clarity to service providers on whether or not to offer services to adolescents. This has resulted in high teenage pregnancies” she concluded
? This panel was themed ‘Discussion on the Status of Health and Reproductive Rights as Enshrined in Article 14 of the Maputo Protocol: moderated by Eric Mundia of the IPAS Alliance. This particular panel took a deep dive into the ‘Success and Challenges Centering an Intersectional Feminist Perspective’ and highlighted the below issues being faced as far as reproductive health services for women are concerned;
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-??????? Penal codes
-??????? Laws that do not speak to each other
-??????? Regression after countries make progress
-??????? Misinformation and disinformation around reproductive health
-??????? Failure of implementation of the law by the right bodies
-??????? The fact that the state funds HRIs there are budget cuts due to the stand and cases the NHRIs raise.
-??????? Failure by states to implement recommendations by NHRIs
-??????? Vulnerable groups are still not being recognized
-??????? High rates of pregnancies and no access to reproductive health services due to prior authorization that is needed before these services are offered to adolescents
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During the panel, it was evident that consistency in the laws and policies that exist and collaboration with CSOs are just some of the successes that can be highlighted. However, the key to success is the partnerships with human rights institutions that have added the milestones that are now successful within reproductive health rights.
To learn more about what transpired during the 2-day meeting, follow NANHRI on their social media handles to get a copy of the final report.
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