The African Commission on Human and Peoples' Rights (the Commission) convened at its 80th Ordinary Session from 24 July to 2 August 2024.
Recalling the Commission's mandate, as outlined in Article 45 of the African Charter on Human and Peoples' Rights (the African Charter), to promote and protect human and peoples' rights in Africa;
Further recalling the Commission's responsibility to develop rules and principles aimed at resolving legal issues related to human and peoples' rights, which can serve as a basis for state legislations;
Recognizing Article 26 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol), which mandates States Parties to ensure the implementation of the Protocol at the national level;Considering the Commission's mandate to cooperate with regional and international institutions in the pursuit of protecting and promoting human rights;
Acknowledging the valuable contributions made by the Commission through its Soft Laws, including the General Comments on the Maputo Protocol, the joint General Comment with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on ending child marriage and female genital mutilation, and the Guidelines on State Reporting under the Maputo Protocol and on Combating Sexual Violence and its Consequences in Africa;
Recognizing that the Maputo Protocol, as the first regional human rights instrument dedicated to addressing the specific challenges faced by African women, has the potential to bring about substantial improvements in the lives of African women and girls;
Considering the inadequate implementation and domestication of the Maputo Protocol at the national level;
Further Considering the insufficient legislation specifically focused on women's rights and the lack of consistency and harmonization in existing women's rights legislation, across different countries;
Emphasizing the importance of providing clear guidelines, interpretations, and recommendations to support legal practitioners, lawmakers, government officials, and other stakeholders in effectively applying the provisions of the Protocol;
Recognizing the need to encourage Member States to develop national legislation that aligns with and incorporates the provisions of the Maputo Protocol;
Recognizing further the significance of developing a model law based on the Maputo Protocol, which can serve as a comprehensive guidance for national legislatures.
The Commission hereby resolves to:
- Develop a Model Law on the implementation and domestication of the Maputo Protocol. This Model Law will serve as a blueprint to assist Member States in harmonizing their legislation with the provisions of the Maputo Protocol.
- Entrust the task of developing the Model Law to the Special Rapporteur on the Rights of Women in Africa of the Commission, in collaboration with the Pan-African Parliament Committee on Gender, Family, Youth, and People with Disabilities, and the African Union Commission on International Law (AUCIL).
- Urges partners to support the Special Rapporteur on the Rights of Women of the Commission in this crucial undertaking.
Done virtually, on 2 August 2024.
