93. In this Communication, in addition to the allegations of violation of the provisions
of the Charter, the Complainants allege violation of the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women, known as the
Maputo Protocol. It is therefore important for the Commission to recall its
competence in relation to the interpretation of this Protocol.
94. Under Article 45(3) of the African Charter, the Commission
interpret any provision of the African Charter.
is mandated
to
95. The Maputo Protocol being a complement to the African Charter by virtue of the
expression "Protocol to the African Charter on Human and Peoples' Rights", it
therefore forms an integral part thereof. This is also expressed in Article 66 of the
African Charter when it provides for the adoption of special protocols or
agreements where necessary to 'supplement the provisions of the Charter'.
96. In particular, the Maputo Protocol finds its legal basis in the provisions of Article
18 (3) of the African Charter which provides that it is the duty of every State to
eliminate all forms of discrimination against women and to ensure the protection
of women's rights, as provided for in international declarations and conventions.
Thus, for example, in Article 26, the Maputo Protocol requires States to include in
their periodic reports submitted in accordance with the terms of Article 62 of the
African Charter, information on the legislative or other measures they have taken
for the full realisation of the rights recognised in this Protocol.
97. From the foregoing, the Commission concludes that it is vested with the powers
to interpret the Maputo Protocol which, by virtue of its very nature, is an integral
part of the African Charter.
On the violation of the rigl;t t9)i~e
98. The right to life is guaranteediby
the Maputo Protocol.
Article 4 of the African Charter and Article 4 of
On the violation of Article 4 of the African Charter
18