Symposium Introduction: Maputo Protocol @20

Mutondi Mulaudzi

When we issued our call for contributions, we intended to celebrate and reflect on the twentieth anniversary of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa ('Maputo Protocol'). We envisioned a collection encompassing the spectrum of women's rights in Africa, exploring both positive strides and persistent challenges. Ideally, this would have coincided with August, designated as South Africa's Women's Month. Regrettably, we could not realise this vision, primarily due to my grappling with the stark realities of women's rights when I needed to compile this introduction. This, compounded by the emotional weight carried in the submissions we received, left me struggling with a pervasive fatigue and feeling of disillusionment.

Putting this symposium together has thus proven to be more difficult than I would like to admit. My inner conflict stems from the complex nature of 'celebrating' women's rights at a time and place when it feels like these rights are going through a regression. When I spoke to friends and colleagues about our plans to celebrate twenty years of the Maputo Protocol, I was often met with the cynicism that mirrors that of celebrations of women's month in South Africa.

Similarly, to African Women's Day and International Women's Day, South Africans celebrate Women's Month in August every year. The aim is to celebrate 9 August 1956, when women protested against extending pass laws to women under the apartheid regime. According to the South African government website,

Women's Month allows us to gauge how far we have come in transforming society, particularly the transformation of unequal power relations between women and men. While also focusing on and addressing gender oppression, patriarchy, sexism, racism, ageism, structural oppression, and creating a conducive environment which enables women to take control of their lives.

However, Women's Month is often met with disillusionment and pessimism as South Africans become increasingly frustrated with the unchanging status quo and the harsh reality of being a woman in a country like South Africa. Year after year, op-eds are written about the increasing gender-based violence against women, femicide, and hate crimes against lesbian and transgender women. In other words, women living in South Africa are increasingly becoming frustrated about the differences between our lives according to the laws in our countries versus our real lives. In 2023, Maria Pillay asked, 'How can we celebrate Women's Day when the world seems to be at war with women?' In 2020, Nthabi Nhlapo lamented, 'Unfortunately, when you live in a country where the killing of women is so common, it's hard to get past that to commemorate and celebrate women's achievements.'

These issues are not exclusive to South Africans. We are similarly witnessing the same issues in the rest of the continent with unfortunate statistics on issues such as child marriage. For many, celebrations and commemorations such as this are discoloured by these realities, resulting in feelings of pessimism. Celebrating two decades of progress becomes a formidable task when confronted with the harsh realities women endure in Africa.

Although it is easy to get lost in the doom and gloom of it all, which I have gone through here, it is still important to take a step back and reflect on the progress. As we are reminded by Cullors, 'We celebrate despite the obstacles we face. Our joy and celebration is an act of resistance. This month is a reminder to continuously celebrate each other, lift each other and bring those frequently left behind along with us.' The celebrations across the continent provide perspective and remind us of our progress. The works published by the Centre for Human Rights are an example of the indication of this progress.

On the other hand, Dennie reminds us, 'Celebrations are fine, but celebrating doesn't mean we've crossed a finish line.' As we continue to face our challenges, it is important to remember the tireless work of lawyers and activists across the continent doing the work to change the status quo. As we celebrate, I am reminded of those individuals who continue to champion the cause despite moments of weariness. This symposium is a dedication to them - lawyers, activists, scholars, and all those who, in their unique ways, contribute to advancing women's rights. Ultimately, I hope these contributions will inspire you, provoke reflection on the ongoing work ahead, and remind us of our achievements and the path we must continue to tread.

The symposium will include reflective pieces, poetry and short stories. I extend my heartfelt gratitude to our contributors for trusting us with their work, unwavering dedication, and the sincerity woven into their submissions.

References

Mutambasere S, Budoo-Scholtz A and Murden D, Impact of Maputo Protocol (PULP 2023).

 

Nhlapo N, 'Opinion: Women's Month Has Come and Gone - What Exactly Has it Done for Women?' (News 24, 1 September 2020) <https://www.news24.com/life/archive/opinion-womens-month-has-come-and-gone-what-exactly-has-it-done-for-women-20200901> accessed 19 September 2023.

 

Pillay M, 'Opinion: Maria Pillay: What are We Really Celebrating on Women's Day?' (News 24, 9 August 2023) <https://www.news24.com/news24/opinions/columnists/guestcolumn/opinion-maria-pillay-what-are-we-really-celebrating-on-womens-day-20230809> accessed 19 September 2023

 

SA Government, 'Women's Month 2023' (South African Government, August 2023) <https://www.gov.za/WomensMonth2023> accessed 19 September 2023.

 

Spencer E, 'How Do Women Feel About Women's History Month? Conflicted' (New York Times, 29 March 2021) <https://www.nytimes.com/2021/03/29/us/womens-history-month-march.html#:~:text=In%20Her%20Words%3A-,%E2%80%9CWe%20celebrate%20despite%20the%20obstacles%20we%20face.,not%20celebrations%20of%20all%20women> accessed 19 September 2023.

 

UNICEF, 'Child Marriage in Eastern and Southern Africa. A Statistical Overview and Reflections on Ending the Practice' (UNICEF, 16 June 2022) <https://data.unicef.org/resources/child-marriage-in-eastern-and-southern-africa-a-statistical-overview-and-reflections-on-ending-the-practice/> accessed 19 September 2023.

 

UN Women, 'Facts and Figures: Ending Violence against Women' (UN Women, February 2022) <https://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-and-figures#notes> accessed 19 September 2023.