provides interpretive guidance on the overall and specific obligations of States Parties towards
promoting the effective domestication and implementation of Article 14 of the Maputo Protocol
guaranteeing women’s sexual and reproductive rights.
The General Comments are to be used by States when preparing their periodic reports.
V. Guidelines on combatting sexual violence and its consequences
The Special Rapporteur on the rights of women in Africa(SRRWA, in collaboration with the
International Federation of Human Rights (FIDH) and its South African member organisation
Lawyers for Human Rights (LHR), is implementing a new project on sexual violence against women
and its consequences. The project aims to strengthen the capacity of African governments and civil
society to combat this scourge and protect victims. To this end the ACHPR is developing Guidelines
for Combating Sexual Violence and its Consequences. The Guidelines will be a practical tool for
African Union member states to better honour their obligations to combat sexual violence and its
consequences under regional (African Charter, Maputo Protocol) and international instruments
(CEDAW, UNSC resolutions on Women, Peace and Security). It will focus on the practical measures
necessary to prevent violence and successfully prosecute perpetrators. It will also focus on practical
ways to ensure access to justice, protection and other services, victim and witness protection, access
to sexual and reproductive rights, and restitution for victims.
V.
Implementation by State Parties of the provisions of the Maputo Protocol
During its missions and thanks to its meetings with States Parties, the Mechanism has made concrete
progress in the protection of women’s rights, particularly with regard to legislation. As such, several
States Parties have adopted a Code of Persons and the Family reflecting gender equality, laws on
reproductive health, the protection of women against HIV/AIDS, domestic and/or sexual violence,
the prohibition of FGM, quotas, and the promotion of education for girls and female literacy. Several
governments also now have full-fledged Ministries to empower women, children and the family.
Most countries have adopted and implemented national gender policies, national action plans for the
promotion of the rights of women and the family, national action plans for implementing UN
Resolution 1325, and relevant sectoral policies in the area of maternal and child protection. With
regard to socioeconomic achievements, several countries have adopted ambitious action plans to
alleviate poverty among women by establishing funds for women’s empowerment and initiating
land reforms with the aim of promoting women’s access to social housing , land and agricultural
loans.
F/ WHERE ARE WE NOW?
Following the diagnosis therefore, the commitment by States Parties on the Solemn Declaration on
Gender Equality has not been realized. Deadlines fixed in the AU Policy to achieve full ratification by
2015 and domestication by 2020 has not been met. Even in countries which have ratified the Maputo
Protocol, women’s rights are still being violated without the perpetrators being punished. Due to
ignorance, many women still do not know their rights. Those who would love to prosecute violations
of their rights lack financial means to do so. Legal aid is either not available or inaccessible and the
Commission is not explored because of lack of legal aid fund.
12