Mary Yvonne Ododah
In 2023, we commemorate the twentieth anniversary of the enactment of the Protocol to the African Charter on Human and Peoples' Rights on Women's Rights in Africa, commonly referred to as the Maputo Protocol. This significant milestone offers an opportunity to reflect on the progress in promoting and protecting women's rights in conflict and post-conflict contexts.
By exploring the accomplishments of countries that have made significant strides and highlighting the crucial role of diverse stakeholders, we can envision a future where the principles of the protocol are effectively implemented for the benefit of women across the African continent. Throughout history, women in conflict and post-conflict contexts have faced unique challenges, including violence, displacement, and limited access to essential services.
The Maputo Protocol was established in response to these concerns, providing a comprehensive framework for safeguarding women's rights in Africa. The provisions aim to address vulnerabilities and promote gender equality, ultimately fostering sustainable development and peace. Over the past two decades, notable progress has been made in implementing the Maputo Protocol, with several countries leading the way. Rwanda is a remarkable example, where efforts to enact legislation promoting women's participation in decision-making processes and protecting their rights have yielded positive outcomes. Similarly, countries such as South Africa, Namibia, and Mozambique have made significant strides in aligning national laws with the principles of the protocol.
Another notable example is the Maputo Protocol and its role in post-conflict Sierra Leone in the aftermath of a brutal civil war, which left deep scars on the nation, particularly affecting women who were subjected to widespread sexual violence. The Maputo Protocol played a pivotal role in the recovery process by providing a comprehensive framework for safeguarding women's rights. Through its provisions on the prevention and punishment of sexual violence, it laid the groundwork for legal action against perpetrators and offered support and rehabilitation for survivors.
Furthermore, the Protocol's emphasis on women's participation in conflict resolution and peacebuilding processes proved instrumental. This translated into a more inclusive approach to peace negotiations, where women's groups were given a platform to voice their concerns and contribute to shaping the post-conflict agenda. This inclusive approach has been recognised globally for its effectiveness in building sustainable peace.
However, it's crucial to acknowledge that implementing the Maputo Protocol in conflict settings is not without challenges. One key limitation arises from the varying levels of political will and capacity among African nations to fully adopt and enforce its provisions. For instance, cultural norms and traditional practices in some regions continue to hinder the complete realisation of women's rights as outlined in the Protocol. Additionally, resource constraints and competing priorities can impede the allocation of adequate funding and infrastructure for implementing the Protocol's mandates. This issue is particularly pronounced in conflict-affected regions, where governments often face numerous pressing issues, such as security and reconstruction.
Another challenge is the limited awareness and understanding of the protocol among women and key stakeholders. Despite its existence, many individuals, including law enforcement officials, community leaders, and government officials, lack a comprehensive understanding of its provisions. This lack of awareness hampers the effective implementation of the protocol and the utilisation of its protective mechanisms. Notwithstanding is the inconsistent implementation and enforcement of the Maputo Protocol across African countries. Although some nations have made commendable progress in aligning their legislation with the protocol, there are disparities in the execution and enforcement of these laws. Weak institutional capacities, limited resources, and inadequate training of law enforcement officials and judicial bodies contribute to gaps in implementation, resulting in a lack of accountability for violations of women's rights.
Gender-based violence, including domestic violence, sexual violence, and harmful practices, such as child marriage and female genital mutilation, persist despite the provisions in the protocol that address these issues. The gap between policy and practice remains a significant challenge, necessitating comprehensive efforts to combat these harmful practices effectively. Moreover, women in conflict and post-conflict contexts face obstacles in accessing justice and seeking remedies for rights violations due to the limited availability of specialised courts, lack of legal aid services, fear of reprisals, and inadequate support systems for survivors. The gap between legal protection and the realisation of justice remains a significant challenge that must be addressed.
Many countries face resource constraints and competing priorities, resulting in insufficient investment in programs and initiatives that promote gender equality, address women's rights violations, and provide support to survivors. The persistence of patriarchal norms and attitudes further hinders women's rights. Deep-rooted societal resistance to change, traditional gender roles, and cultural practices that discriminate against women pose significant challenges to the full realisation of the protocol's objectives. Additionally, some African countries' incomplete ratification of the Maputo Protocol undermines the uniform application and enforcement of women's rights across the continent.
The successful implementation of the Maputo Protocol relies on collaborative efforts across various sectors. Governments play a vital role in enacting and enforcing legislation that upholds women's rights and aligns national laws with the protocol's provisions. Additionally, government agencies must prioritise resource allocation and ensure the integration of gender-responsive approaches into policies and programs.
Crucial partners in advocating for women's rights and holding governments accountable, including civil society organisations, play an instrumental role in effectively implementing the protocol. They actively raise awareness, provide support services, amplify women's voices, and drive positive change. Contribution from international institutions, such as regional bodies and United Nations agencies, is vital in implementing the Maputo Protocol. These organisations provide technical expertise, facilitate knowledge sharing, and support capacity-building initiatives. Their guidance and coordination efforts ensured that the principles of the protocol were integrated into regional and international frameworks.
Communities and grassroots organisations are at the heart of change. Active participation and engagement are essential in creating an enabling environment where women's rights are respected, protected, and fulfilled. By challenging harmful norms and traditions, communities become catalysts of transformative social change, ultimately leading to gender equality in conflict-affected areas.
As we commemorate the Maputo Protocol's twentieth birthday, it is important to acknowledge both the accomplishments and the work still to be done. We can work toward a future where women's rights are fully realised in conflict and post-conflict contexts by highlighting the achievements of nations such as Rwanda and the roles played by governments, civil society organisations, international organisations, and communities. We can ensure that the Maputo Protocol's goal of gender equality is realised throughout the African continent by amplifying women's voices, empowering communities, and allocating resources.
Furthermore, we must address the root causes of gender inequality, such as harmful cultural practices and discriminatory laws. This requires a concerted effort to educate communities and policymakers on the importance of gender equality and advocate for legal reforms to protect women's rights. In addition, we must prioritise the provision of comprehensive healthcare services, including sexual and reproductive health services, to ensure that women have control over their own bodies and can make informed decisions about their health. Finally, we must create economic opportunities for women by promoting entrepreneurship, providing access to credit and financial services, and eliminating barriers to employment. By taking these steps, we can create a future where women are equal partners in building peaceful and prosperous societies.
African Union, 'Maputo Protocol Scorecard and Index: A Steppingstone Towards Achieving Women's Rights' (African Union, 21 July 2021) <https://au.int/en/documents/20210728/maputo-protocol-scorecard-index-steppingstone-towards-achieving-women’s-rights> accessed 28 October 2023.
African Union, 'Year of Human Rights, with particular focus on the Rights of Women' (African Union, July 2013) <https://au.int/sites/default/files/newsevents/workingdocuments/31192-wd-au_echo_magazine_-_web.pdf> accessed 28 October 2023.
Amnesty International, 'Women, Violence, and Health' (Amnesty International, 2005) <https://www.amnesty.org/en/wp-content/uploads/2021/08/act770012005en.pdf> accessed 28 October 2023.
Ayeni V, 'The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System' (2019) 10(02) Beijing Law Review <https://doi.org/10.4236/blr.2019.102019>
do Livramento Gonçalves G, Castro BCG, de Andrade Guerra, JBSO, 'Grassroots Women and Sustainable Development' (SpringerLink, 9 December 2019) in Leal Filho W, Azul A, Brandli L, Lange Salvia A and Wall T (eds), Gender Equality. Encyclopedia of the UN Sustainable Development Goals (Springer, Cham 2021) <https://doi.org/10.1007/978-3-319-70060-1_37-1>
Hudson H, 'The Power of Mixed Messages: Women, Peace, and Security Language in National Action Plans from Africa' (2017) 53(3) Africa Spectrum <https://doi.org/10.1177/000203971705200301>
McFerson H, 'Women and Post-Conflict Society in Sierra Leone' (2013) Journal of International Women's Studies <https://vc.bridgew.edu/jiws/vol12/iss4/9/> accessed 28 October 2023.
Petalcorin CC and Kim J, 'Female Entrepreneurship and Gender Equality: Literature Review' Asian Development Bank (Asian Development Bank, 2022) <https://www.adb.org/sites/default/files/institutional-document/826606/adou2022bn-female-entrepreneurship-gender-equity.pdf> accessed 28 October 2023.
Solidarity for African Women's Rights (SOAWR), 'Twenty Years of the Maputo Protocol: Where are we Now?' (SOAWR, n.d.) <https://www.soawr.org/resources_posts/20-years-of-the-maputo-protocol-where-are-we-now/> accessed 28 October 2023.
Sommer U and Forman‐Rabinovici A, 'The Politicization of Women's Health and Wellbeing' (2020) 12(9) Sustainability <https://doi.org/10.3390/su12093593>
Standing H, Hawkins K, Mills E, Theobald S, and Undie C, 'Introduction: Contextualising "Rights" in Sexual and Reproductive Health' (2011) 11(S3) BMC International Health and Human Rights <https://doi.org/10.1186/1472-698x-11-s3-s1>
Swaine A, Spearing M, Murphy M and Contreras-Urbina M, 'Exploring the Intersection of Violence Against Women and Girls With Post-Conflict Statebuilding and Peacebuilding Processes: A New Analytical Framework' (2019) 14(1) Journal of Peacebuilding and Development <https://doi.org/10.1177/1542316619833877>
UN Women, 'Rwanda: Women's Leadership and Participation' (UN Women, n.d.) <https://www.unwomen.org/en/where-we-are/eastern-and-southern-africa/rwanda/rwanda-womens-leadership-and-participation> accessed 28 October 2023.