THE MAPUTO PROTOCOL
The Maputo Protocol guaranteeing comprehensive rights to women was adopted by the AU on 11
July 2003, in Maputo, Mozambique. Following its adoption, AU Member States in the Solemn
Declaration on Gender Equality in Africa adopted in July 2004, undertook to sign and ratify the
Maputo Protocol by the end of 2004, support the launching of the public campaign aimed at ensuring
its entry into force by 2005, and to usher in an era of domestication and implementation of the
Protocol, as well as, other national, regional and international instruments on gender equality by all
States Parties. In the AU Gender Policy, Member States undertook to achieve full ratification and
enforcement of the Maputo Protocol by 2015 and its domestication by 2020.
As of October 2015 however, out of the 54 Member States of the AU, only 37 countries have ratified
the Maputo Protocol; Sierra Leone being the last country to have ratified on 30 October 2015. Prior to
this ratification the last ratification was that of Cameroon on 13 September 2012. A 3 years gap.
17 countries have not yet ratified the Protocol and these are Algeria, Botswana, Burundi, Central
African Republic, Chad, Egypt, Eritrea, Ethiopia, Madagascar, Mauritius, Niger, Sahrawi Arab
Democratic Republic, Sao Tome and Principe, Somalia, South Sudan, Sudan and Tunisia.
A few countries have made reservations upon ratification. These include:
1.
Cameroon which ratified the Maputo Protocol with the following reservation:
“ The acceptance of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in African should in no way be construed as endorsement, encouragement or promotion
of homosexuality, abortion (except therapeutic abortion), genital mutilation, prostitution or any other
practice which is not consistent with universal or African ethical and moral values, and which could
be wrongly understood as arising from the rights of women to respect as a person or to free
development of her personality.
Any interpretation of the present Protocol justifying such practices cannot be applied against the
Government of Cameroon “.
2.
Kenya:
“The Government of the Republic of Kenya does not consider as binding upon itself the provisions
of Article 10(3) and Article 14(2)(c) which is inconsistent with the provisions of the Laws of Kenya on
health and reproductive rights.”
3.
Namibia:
“The Government of the Republic of Namibia has a reservation on Article 6 (d) of the Protocol, until
legislation regarding the recording and registration of customary marriages is enacted.”
4.
South Africa:
2