The Maputo Protocol, adopted by the African Union in 2003, remains a key legal instrument for promoting women’s rights across Africa. As of 2025, it marks 22 years since its adoption. Despite progress in some countries, many African states still hold reservations limiting the Protocol’s full implementation. These reservations affect women’s access to reproductive health, protection from child marriage and legal equality. The African Commission on Human and Peoples’ Rights recently urged member states to withdraw these reservations. This call aims to strengthen women’s rights and align with Sustainable Development Goal 5 on gender equality.
Background and Adoption
The Maputo Protocol was adopted in Maputo, Mozambique, on 11 July 2003. It supplements the African Charter on Human and Peoples’ Rights by focusing specifically on women’s rights. The Protocol covers a broad range of issues including political participation, health, education, and protection from violence. It aims to empower women and girls and ensure their full enjoyment of human rights.
Implementation and Progress
Countries like Rwanda, Mozambique and South Africa have made notable strides in implementing the Protocol. Rwanda leads with over 60 per cent female representation in parliament. Mozambique has improved maternal health services and family planning access. South Africa has increased women’s participation in decision-making roles. These efforts contribute to better gender equality and social development in these nations.
Reservations and Challenges
Many African states have entered reservations on key Protocol articles. These reservations often stem from cultural or religious objections. They limit rights such as safe abortion access, protection from child marriage, and fair legal treatment in divorce and inheritance. For example, Uganda’s reservations restrict reproductive health rights, contributing to unsafe abortions. Kenya’s reservations contradict its constitution and result in high maternal deaths. Algeria’s reservations allow child marriage under customary law.
Impact on Women’s Rights
Reservations undermine the Protocol’s minimum human rights standards. They hinder women’s autonomy and legal protection. Marginalised groups, including survivors of gender-based violence, face severe consequences. The backlash against gender equality threatens democracy and social progress across Africa. This situation delays achievement of the 2030 Sustainable Development Goals, especially Goal 5 on gender equality.
Recent Developments and Calls for Action
Recently, the African Commission on Human and Peoples’ Rights adopted a resolution urging states to withdraw reservations. The resolution aims to guide African Union members in lifting these restrictions. Human rights organisations like Equality Now support this move. They call for governments to fully honour their commitments under the Protocol. Collaboration with civil society is crucial to protect women’s rights and dignity continent-wide.
Questions for UPSC:
- Critically discuss the role of international legal instruments like the Maputo Protocol in advancing women’s rights in Africa and their limitations.
- Examine the impact of cultural and religious reservations on the implementation of human rights treaties, taking the Maputo Protocol as an example.
- With suitable examples, discuss the challenges and opportunities in achieving Sustainable Development Goal 5 on gender equality in developing countries.
- Analyse the significance of political representation of women in governance and its effect on policymaking and social development in Africa.
