‘Maputo protocol would help but only if it’s implemented’

Back-to-back reports of the killing of young women -— one aged 20 and the other 26 — and their bodies discovered in short-let apartments in Kenya's capital Nairobi left the country furious over the rise in femicide.

According to an estimate by investigative platforms Africa Uncensored and Africa Data Hub, some 500 Kenyan women were murdered between 2017 and 2024.

These murders point to a worrying regularity in gender-based violence (GBV) in Kenya, 20 years into the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol on Women’s Rights, which was adopted by the African Union (AU) on July 11, 2003.

It is one of the most comprehensive and progressive instruments in the world for women’s human rights.

The majority of countries including Kenya are experiencing a high number of human rights abuses meted on women and children, against the Maputo protocol.

“A specific women’s rights protocol was needed to address the rights of African women and girls. In the afore-mentioned human rights documents, the rights of African women and girls seemed to slip through the cracks,” said Lady Justice Elsie Nwanwuri Thompson, a judge of the Rivers State High Court in Nigeria and a former judge and vice president of the African Court on Human and Peoples’ Rights.

“The protocol created new rights and expanded on existing rights. And so, it prohibits violence against women in the private and public spheres.”

The protocol guarantees extensive rights to women, including the right to take part in the political processes, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to harmful traditional practices such as female genital mutilation, among others.

It covers a broad spectrum of civil, political, economic, social, cultural, and environmental rights and is considered one of the most progressive human rights instruments globally.

The Maputo Protocol is said to be progressive because it grants African women new rights and expands on normative standards that have been incomplete or omitted in other treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women and the African Charter on Humanity and People’s Rights.

However, the AU’s aspirations for universal ratification of the Maputo Protocol by all 55 member states by the end of 2020 were not realized.

Issues in implementation

The Protocol has not been ratified by more than 10 African states. And even those who have ratified it — like Kenya — have identified several issues that make it difficult to implement it fully infringing on the rights of women and children.

“The following states are yet to ratify Botswana, Burundi, Central African Republic, Chad, Egypt, Eritrea, Madagascar, Morocco, Niger, Somalia and Sudan. Until all states have ratified the protocol without reservation, women’s and girls’ rights across Africa will remain at risk,” said Justice Thompson in an interview with The EastAfrican.

Some countries — Kenya, Uganda, South Sudan, Mauritius, Cameroon, Namibia, and South Africa — have ratified the protocol but have placed reservations on it, which continue to impede its full application.

Kenya does not consider itself bound by the provisions of Article 10 (3) which requires member states to reduce military expenditure in favour of social development and the promotion of women.

Uganda has placed reservations on Articles 14 (1) (a) and 14(2) (c) which mandate member states to ensure that women’s right to sexual and reproductive health is respected and promoted.

Although South Sudan has not officially ratified the Protocol, it has passed the parliamentary motion for ratification but indicated reservations on several articles including one which discourages polygamous marriages, women’s right to control their sexuality and to decide whether to have children as well as the right to choose contraceptives.

Other factors standing in the way of the rights of women and children are socio-cultural norms and attitudes.

In many communities, male dominance shows up in violent behavior towards women and girls. Economic stress and poverty are significant drivers of GBV.

Financial dependence of women on male partners can lead to situations where they are unable to leave abusive relationships.

Economic hardship, particularly exacerbated by the Covid-19 pandemic, can also increase stress and frustration in households, sometimes leading to violence.

“The lack of success of some past developmental initiatives on the continent has been attributed to among others, the lack of buy-in or awareness from the African people themselves,” said Lady Justice Imani Aboud, president of the ACHPR.

“A State’s international human rights commitment/obligation is not limited to ratification and domestication of a human rights instrument. It also includes obligations to comply with decisions taken by the human rights treaty body established by those human rights instruments.”

Other factors that have led to failure to adhere to the rights of women and children include Socio-Cultural Norms and Attitudes.

In many communities, there is a deep-seated belief in male dominance and female subordination, which can manifest in violent behavior towards women and girls. Economic stress and poverty are significant drivers of GBV.

Financial dependence of women on male partners can lead to situations where they are unable to leave abusive relationships.

Economic hardship, particularly exacerbated by the COVID-19 pandemic, can also increase stress and frustration in households, sometimes leading to violence.

“Since the Maputo Protocol entered into force in 2005, 49 of the 55 member states of the African Union have signed it and 44 have ratified it,” said Justice Thompson in an interview with The EastAfrican.