Maputo Protocol contributed towards Africa’s progress on gender equality, but growth uneven: Report

There has been some progress on gender equality in African countries thanks to the Maputo Protocol, but it has been uneven, according to a new report. The Protocol is considered one of the world’s most progressive legal frameworks for women’s rights and was launched 20 years ago.

A group of civil society organisations, Solidarity for African Women’s Rights Coalition; Human rights organisation Equality Now and advocacy platform Make Every Woman Count released the landmark report, 20 Years of the Maputo Protocol: Where are we now? On July 13, 2023. 

In July 2003, the African Union (AU) adopted the Maputo Protocol. Of the 55 member states, 44 have ratified or acceded to the Protocol on gender equality, becoming one of the most ratified instruments in the AU, the analysis stated.

But despite these efforts, full domestication of the Protocol provisions into national legislature has, in many cases, been slow or ineffective. Some African States are yet to ratify or accede to the Protocol, said the report. 

The Protocol has a target of universal ratification in Africa by 2028. However, with just five years until the target year, there are still 12 countries that are yet to ratify this important legal instrument.

This means that the women and girls in those countries do not have the same rights as the other women and girls on the continent

So, there is an urgent need for Botswana, Burundi, Central African Republic, Chad, Egypt, Eritrea, Madagascar, Morocco, Niger, Somalia and Sudan to renew their commitments and ratify the Maputo Protocol in order to deliver on their promises to the women and girls in their countries, read the report. 

Fastest human rights treaty to enter into force 

The protocol, adopted on July 11 2003 by the African continent, is one of the most important, comprehensive and progressive legal frameworks for women’s rights the world has ever seen. Twenty years later, it remains a crucial instrument in safeguarding the fundamental human rights of women and girls across Africa, the analysis stated. 

If ratification and entry into force are considered, then the Maputo Protocol stands as the fastest human rights treaty to enter into force. 

“Our early ‘naming and shaming’ of countries using coded cards for not signing (red), only signing (yellow) and ratifying (green) the Protocol secured the required 15 ratifications and enabled the Maputo Protocol to enter into force in record time,” said Faiza Jama Mohamed, director, Africa Office, Equality Now / SOAWR Secretariat, in her foreword of the report.

Significant efforts have been made over the past two decades to promote gender equality under all the provisions of the Maputo Protocol, which include advancing reproductive health and rights, facilitating equal access to and participation in political processes, promoting economic empowerment and ending violence against women.

Challenges remain

However, such progress is not evenly distributed across the board, pointed out the report. Women are faring better in some areas compared to others. 

For example, when 54 per cent of the AU states mandate equal remuneration for equal work or fair / just pay as per Article 13 of the Protocol, 46 per cent do not. These are: Botswana, Burkina Faso, Cabo Verde, Cameroon, Central African Republic and DR Congo.

In the past two decades (2003-2022), in nearly all countries, women’s labour force participation rate (LFPR) as compared to that of men has remained low. This would impact the continent’s goal on achieving gender equality by 2030 under United Nations Mandated Sustainable Development Goal- 5.

Further, the trends showed that in 24 countries, the share of women in the labour force has decreased. In Guinea, the labour force participation of women has decreased by 9.6 points from 51 per cent in 2003 to 41 per cent in 2022, said the report based on World Bank data. 

Women’s economic rights and opportunities and access to social welfare and protection are significantly affected by external factors such as conflict, COVID-19, the pandemic and climate change, said the report. 

The ripple effects of the COVID-19 pandemic have undone the progress towards ending child marriage. As a result of the economic impact and the disruption in education and services, up to 10 million more girls are at risk of becoming child brides by 2030.

The pandemic had also strained and pressured the existing public health systems. At the same time, some of the disease outbreaks also impacted the already weakening health systems during this period. This has undermined the ability to deliver quality services, including reproductive and maternal health services, as required under Article 14 of the Protocol.

There has been an improvement in women’s participation in the political and decision-making processes. In most of the AU states, women’s representation in Parliament has increased. For example in Rwanda, women’s share in Chamber of Deputies or Lower House, increased to 61.3 per cent in April 2023 from 25.7 per cent in April 2003.

So, over the past two decades, there has been a mixed bag of notable progress, missed opportunities and challenges that continue to persist.

When women in sub-Saharan Africa have to wait another 102 years to achieve gender parity with men, this is the time to accelerate the promise for African women and girls, as the report said.

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