Maputo Protocol
Encyclopedia
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, better known as the Maputo Protocol, guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, to control of their reproductive health
, and an end to female genital mutilation
. As the name suggests, it was adopted by the African Union
in the form of a protocol to the African Charter on Human and Peoples' Rights
.
Development in Africa (WiLDAF) in March, 1995, in Lomé
, Togo
called for the development of a specific protocol to the African Charter on Human and People’s Rights to address the rights of women. The OAU assembly mandated the African Commission on Human and Peoples' Rights
(ACHPR) to develop such a protocol at its 31st Ordinary Session in June, 1995, in Addis Ababa
.
A first draft produced by an expert group of members of the ACHPR,
representatives of African NGOs and international observers, organized by the ACHPR in collaboration with the International Commission of Jurists
, was submitted to the ACHPR at its 22nd Session in October 1997, and circulated for comments to other NGOs. Revision in cooperation with involved NGO's took place at different sessions from October to January, and in April 1998, the 23rd session of the ACHPR endorsed the appointment of Julienne Ondziel Gnelenga, a Congolese
lawyer, as the first Special Rapporteur on Women's Rights in Africa
, mandating her to work towards the adoption of the draft protocol on women’s rights. The OAU Secretariat received the completed draft in 1999, and in 2000 at Addis Ababa
it was merged with the Draft Convention on Traditional Practices in a joint session of the Inter Africa Committee and the ACHPR. After further work at experts meetings and conferences during 2001, the process stalled and the protocol was not presented at the inaugual summit of the AU in 2002.
In early 2003, Equality Now
hosted a conference of women's groups, to organize a campaign to lobby the African Union
to adopt the protocol, and the protocol's text was brought up to international standards. The lobbying was successful, the African Union resumed the process and the finished document was officially adopted by the section sumit of the African Union, on July 11, 2003.
on 11 July 2003 at its second summit in Maputo
, Mozambique
. On 25 November 2005, having been ratified by the required 15 member nations of the African Union, the protocol entered into force.
Of the 53 member countries in the African Union, the heads of states of 46 countries signed the protocol, and as of July 2010, 28 of those countries had ratified and deposited the protocol.
, Angola
, Benin
, Burkina Faso
, Burundi
, Cameroon
, Central African Republic
, Chad
, Côte d'Ivoire
, Comoros
, Congo
, Djibouti
, Democratic Republic of the Congo
, Equatorial Guinea
, Ethiopia
, Gabon
, Gambia, Ghana
, Guinea-Bissau
, Guinea
, Kenya
, Libya
, Lesotho
, Liberia
, Madagascar
, Mali
, Mozambique
, Mauritius
, Namibia
, Nigeria
, Niger
, Rwanda
, Sahrawi Arab Democratic Republic
, São Tomé and Príncipe
, Senegal
, Seychelles
, Sierra Leone
, Somalia
, South Africa
, Sudan
, Swaziland
, Tanzania
, Togo
, Uganda
, Zambia
, Zimbabwe
, Comoros, Democratic Republic of the Congo, Djibouti, Gambia, Ghana, Guinea-Bissau, Libya, Lesotho, Liberia, Mali, Malawi
, Mozambique, Mauritania
, Namibia, Nigeria, Rwanda, Senegal, Seychelles, South Africa, Tanzania, Togo, Uganda, Zambia, Zimbabwe, Kenya
Tunisia, Sudan, Kenya, Namibia and South Africa recorded reservations about some of the marriage clauses. Egypt, Libya, Sudan, South Africa and Zambia had reservations about "judicial separation, divorce and annulment of marriage." Burundi, Senegal, Sudan, Rwanda and Libya held reservations with Article 14, relating to the "right to health and control of reproduction." Libya expressed reservations about a point relating to conflicts.
, and its articles on female genital mutilation, polygamous marriage and other traditional practices, which are opposed mainly by Muslims
.
has described the Protocol as "an attempt to trivialize abortion surreptitiously". The Roman Catholic bishops of Africa oppose the Maputo Protocol because it defines abortion as a human right. The US-based pro-life advocacy organization, Human Life International
, describes it as "a Trojan horse for a radical agenda."
In Uganda
, the powerful Joint Christian Council has successfully opposed moves to ratify the treaty on the grounds that Article 14, in guaranteeing abortion "in cases of sexual assault, rape, incest,
and where the continued pregnancy endangers the mental
and physical health of the mother or the life of the mother
or the foetus," is incompatible with traditional Christian morality. In an open letter to the government and people of Uganda in January, 2006, the Catholic Bishops' Conference of Uganda set out their opposition to the ratification of the Maputo Protocol. It got later ratified on 22 July, 2010.
, the Parliament voted 42 to 31, with 4 abstentions, against ratifying it in June, 2006; in this Muslim country, several traditions banned or deprecated by the Protocol are common. Nigerien Muslim women's groups in 2009 gathered in Niamey to protest what they called "the satanic Maputo protocols", specifying limits to marriage age of girls and abortion as objectionable.
In Djibouti
, however, the Protocol was ratified in February, 2005 after a subregional conference on female genital mutilation called by the Djibouti government and No Peace Without Justice
, at which the Djibouti Declaration on female genital mutilation was adopted. The document declares that the Koran does not support female genital mutilation, and on the contrary practising genital mutilation on women goes against the precepts of Islam.
Reproductive health
Within the framework of the World Health Organization's definition of health as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, reproductive health, or sexual health/hygiene, addresses the reproductive processes, functions and system...
, and an end to female genital mutilation
Female genital cutting
Female genital mutilation , also known as female genital cutting and female circumcision, is defined by the World Health Organization as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."FGM...
. As the name suggests, it was adopted by the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
in the form of a protocol to the African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
.
Origins
Following on from recognition that women's rights were often marginalized in the context of human rights, a meeting organized by Women in Law andDevelopment in Africa (WiLDAF) in March, 1995, in Lomé
Lomé
Lomé, with an estimated population of 737,751, is the capital and largest city of Togo. Located on the Gulf of Guinea, Lomé is the country's administrative and industrial center and its chief port. The city exports coffee, cocoa, copra, and palm kernels...
, Togo
Togo
Togo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
called for the development of a specific protocol to the African Charter on Human and People’s Rights to address the rights of women. The OAU assembly mandated the African Commission on Human and Peoples' Rights
African Commission on Human and Peoples' Rights
The African Commission on Human and Peoples' Rights is a quasi-judicial body tasked with promoting and protecting human rights and collective rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of...
(ACHPR) to develop such a protocol at its 31st Ordinary Session in June, 1995, in Addis Ababa
Addis Ababa
Addis Ababa is the capital city of Ethiopia...
.
A first draft produced by an expert group of members of the ACHPR,
representatives of African NGOs and international observers, organized by the ACHPR in collaboration with the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
, was submitted to the ACHPR at its 22nd Session in October 1997, and circulated for comments to other NGOs. Revision in cooperation with involved NGO's took place at different sessions from October to January, and in April 1998, the 23rd session of the ACHPR endorsed the appointment of Julienne Ondziel Gnelenga, a Congolese
Republic of the Congo
The Republic of the Congo , sometimes known locally as Congo-Brazzaville, is a state in Central Africa. It is bordered by Gabon, Cameroon, the Central African Republic, the Democratic Republic of the Congo , the Angolan exclave province of Cabinda, and the Gulf of Guinea.The region was dominated by...
lawyer, as the first Special Rapporteur on Women's Rights in Africa
Special Rapporteur on Women's Rights in Africa
The Special Rapporteur on Women's Rights in Africa is an official of the African Commission on Human and Peoples' Rights charged with reinforcing and promoting women's rights in the countries of the African Union...
, mandating her to work towards the adoption of the draft protocol on women’s rights. The OAU Secretariat received the completed draft in 1999, and in 2000 at Addis Ababa
Addis Ababa
Addis Ababa is the capital city of Ethiopia...
it was merged with the Draft Convention on Traditional Practices in a joint session of the Inter Africa Committee and the ACHPR. After further work at experts meetings and conferences during 2001, the process stalled and the protocol was not presented at the inaugual summit of the AU in 2002.
In early 2003, Equality Now
Equality Now
Equality Now is a non-governmental organization founded in 1992 whose stated purpose is to protect the human rights of women around the world. The group provides an international framework for spreading awareness of issues and providing support to local grassroots groups working to address issues...
hosted a conference of women's groups, to organize a campaign to lobby the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
to adopt the protocol, and the protocol's text was brought up to international standards. The lobbying was successful, the African Union resumed the process and the finished document was officially adopted by the section sumit of the African Union, on July 11, 2003.
Adoption and ratification
The protocol was adopted by the African UnionAfrican Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
on 11 July 2003 at its second summit in Maputo
Maputo
Maputo, also known as Lourenço Marques, is the capital and largest city of Mozambique. It is known as the City of Acacias in reference to acacia trees commonly found along its avenues and the Pearl of the Indian Ocean. It was famous for the inscription "This is Portugal" on the walkway of its...
, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
. On 25 November 2005, having been ratified by the required 15 member nations of the African Union, the protocol entered into force.
Of the 53 member countries in the African Union, the heads of states of 46 countries signed the protocol, and as of July 2010, 28 of those countries had ratified and deposited the protocol.
Signed by
AlgeriaAlgeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, Benin
Benin
Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
, Burkina Faso
Burkina Faso
Burkina Faso – also known by its short-form name Burkina – is a landlocked country in west Africa. It is surrounded by six countries: Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Côte d'Ivoire to the southwest.Its size is with an estimated...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Cameroon
Cameroon
Cameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the...
, Central African Republic
Central African Republic
The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
, Chad
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, Côte d'Ivoire
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
, Comoros
Comoros
The Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, Congo
Republic of the Congo
The Republic of the Congo , sometimes known locally as Congo-Brazzaville, is a state in Central Africa. It is bordered by Gabon, Cameroon, the Central African Republic, the Democratic Republic of the Congo , the Angolan exclave province of Cabinda, and the Gulf of Guinea.The region was dominated by...
, Djibouti
Djibouti
Djibouti , officially the Republic of Djibouti , is a country in the Horn of Africa. It is bordered by Eritrea in the north, Ethiopia in the west and south, and Somalia in the southeast. The remainder of the border is formed by the Red Sea and the Gulf of Aden at the east...
, Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
, Equatorial Guinea
Equatorial Guinea
Equatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Gabon
Gabon
Gabon , officially the Gabonese Republic is a state in west central Africa sharing borders with Equatorial Guinea to the northwest, Cameroon to the north, and with the Republic of the Congo curving around the east and south. The Gulf of Guinea, an arm of the Atlantic Ocean is to the west...
, Gambia, Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....
, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
, Lesotho
Lesotho
Lesotho , officially the Kingdom of Lesotho, is a landlocked country and enclave, surrounded by the Republic of South Africa. It is just over in size with a population of approximately 2,067,000. Its capital and largest city is Maseru. Lesotho is a member of the Commonwealth of Nations. The name...
, Liberia
Liberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
, Madagascar
Madagascar
The Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...
, Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
, Mauritius
Mauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
, Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, Niger
Niger
Niger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic
The Sahrawi Arab Democratic Republic is a partially recognised state that claims sovereignty over the entire territory of Western Sahara, a former Spanish colony. SADR was proclaimed by the Polisario Front on February 27, 1976, in Bir Lehlu, Western Sahara. The SADR government controls about...
, São Tomé and Príncipe
São Tomé and Príncipe
São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is a Portuguese-speaking island nation in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two islands: São Tomé and Príncipe, located about apart and about , respectively, off...
, Senegal
Senegal
Senegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north...
, Seychelles
Seychelles
Seychelles , officially the Republic of Seychelles , is an island country spanning an archipelago of 115 islands in the Indian Ocean, some east of mainland Africa, northeast of the island of Madagascar....
, Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
, Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
, Swaziland
Swaziland
Swaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, Togo
Togo
Togo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
, Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
, Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
Ratified by
Angola, Benin, Burkina Faso, Cameroon, Cape VerdeCape Verde
The Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
, Comoros, Democratic Republic of the Congo, Djibouti, Gambia, Ghana, Guinea-Bissau, Libya, Lesotho, Liberia, Mali, Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
, Mozambique, Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, Namibia, Nigeria, Rwanda, Senegal, Seychelles, South Africa, Tanzania, Togo, Uganda, Zambia, Zimbabwe, Kenya
Reservations
At the Maputo Summit, several countries expressed reservations.Tunisia, Sudan, Kenya, Namibia and South Africa recorded reservations about some of the marriage clauses. Egypt, Libya, Sudan, South Africa and Zambia had reservations about "judicial separation, divorce and annulment of marriage." Burundi, Senegal, Sudan, Rwanda and Libya held reservations with Article 14, relating to the "right to health and control of reproduction." Libya expressed reservations about a point relating to conflicts.
Articles
The main articles are:- Article 2: Elimination of Discrimination Against Women
- Article 3: Right to Dignity
- Article 4: The Rights to Life, Integrity and Security of the Person
- Article 5: Elimination of Harmful Practices
- This refers to female genital mutilation and other traditional practices that are harmful to women.
- Article 6: Marriage
- Article 7: Separation, Divorce and Annulment of Marriage
- Article 8: Access to Justice and Equal Protection before the Law
- Article 9: Right to Participation in the Political and Decision-Making Process
- Article 10: Right to Peace
- Article 11: Protection of Women in Armed Conflicts
- Article 12: Right to Education and Training
- Article 13: Economic and Social Welfare Rights
- Article 14: Health and Reproductive Rights
- Article 15: Right to Food Security
- Article 16: Right to Adequate Housing
- Article 17: Right to Positive Cultural Context
- Article 18: Right to a Healthy and Sustainable Environment
- Article 19: Right to Sustainable Development
- Article 20: Widows' Rights
- Article 21: Right to Inheritance
- Article 22: Special Protection of Elderly Women
- Article 23: Special Protection of Women with Disabilities
- Article 24: Special Protection of Women in Distress
- Article 25: Remedies
Opposition
There are two particularly contentious factors driving opposition to the Protocol: its article on reproductive health, which is opposed mainly by Catholics and other ChristiansChristianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, and its articles on female genital mutilation, polygamous marriage and other traditional practices, which are opposed mainly by Muslims
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
.
Christian opposition
Pope Benedict XVIPope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...
has described the Protocol as "an attempt to trivialize abortion surreptitiously". The Roman Catholic bishops of Africa oppose the Maputo Protocol because it defines abortion as a human right. The US-based pro-life advocacy organization, Human Life International
Human Life International
Human Life International is an American-based Roman Catholic activist pro-life organization. Founded in 1981 by Father Paul Marx , HLI is located in Front Royal, Virginia. Human Life International describes itself as "the largest international pro-life organization in the world", noting that it has...
, describes it as "a Trojan horse for a radical agenda."
In Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, the powerful Joint Christian Council has successfully opposed moves to ratify the treaty on the grounds that Article 14, in guaranteeing abortion "in cases of sexual assault, rape, incest,
and where the continued pregnancy endangers the mental
and physical health of the mother or the life of the mother
or the foetus," is incompatible with traditional Christian morality. In an open letter to the government and people of Uganda in January, 2006, the Catholic Bishops' Conference of Uganda set out their opposition to the ratification of the Maputo Protocol. It got later ratified on 22 July, 2010.
Muslim opposition
In NigerNiger
Niger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
, the Parliament voted 42 to 31, with 4 abstentions, against ratifying it in June, 2006; in this Muslim country, several traditions banned or deprecated by the Protocol are common. Nigerien Muslim women's groups in 2009 gathered in Niamey to protest what they called "the satanic Maputo protocols", specifying limits to marriage age of girls and abortion as objectionable.
In Djibouti
Djibouti
Djibouti , officially the Republic of Djibouti , is a country in the Horn of Africa. It is bordered by Eritrea in the north, Ethiopia in the west and south, and Somalia in the southeast. The remainder of the border is formed by the Red Sea and the Gulf of Aden at the east...
, however, the Protocol was ratified in February, 2005 after a subregional conference on female genital mutilation called by the Djibouti government and No Peace Without Justice
No Peace Without Justice
No Peace Without Justice or Non C'è Pace Senza Giustizia is an Italian non-profit organization, founded in 1993 by Emma Bonino, an Italian politician, former Member of the European Parliament and current Member of the Italian Senate...
, at which the Djibouti Declaration on female genital mutilation was adopted. The document declares that the Koran does not support female genital mutilation, and on the contrary practising genital mutilation on women goes against the precepts of Islam.
External links
- Treaties and protocols of the African Union - African Union official website
- The Maputo Protocol in the news, stopfgmc.org, the website of the International Campaign for the Abandonment of Female Genital Mutilation
- Page on the protocol at the official ACHPR website.
- Maputo Protocol text