The African Commission on Human and Peoples' Rights (the Commission) convened at its 83rd Ordinary Session from 25 February to -11 March 2025.
Recalling the Commission's mandate to promote and safeguard human and peoples' rights in Africa, as outlined in Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Considering Article 45 of the African Charter entitles the Commission to formulate and lay down principles and rules to solve legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations.
Reaffirming the principles enshrined in Article 4 of the Constitutive Act of the African Union (AU), particularly Article 4 (l), which highlights the promotion of gender equality;
Recognizing the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol) and the positive impact its effective implementation and domestication would bring to the lives of African women, as well as the advancement of gender equality across the continent;
Acknowledging that some State Parties to the Maputo Protocol have made reservations on certain provisions of the Protocol, limiting the full realization of the rights and protections guaranteed under the Protocol;
Taking into account that certain reservations made to the Protocol undermine its fundamental purpose and essence, thereby impeding its capacity to provide effective and substantial safeguarding of women's rights throughout the continent;
Recognizing the critical significance of guaranteeing the complete realization of all articles of the Maputo Protocol, without any reservations, to fulfill its goals of advancing gender equality and safeguarding women's rights in Africa;
Emphasizing the necessity of promoting and assisting States that have not yet ratified the Maputo Protocol to do so without reservations, to guarantee that every African woman can avail herself of the entirety of the Protocol's provisions;
Acknowledging the imperative for an Advocacy Framework to raise awareness about reservations of certain provisions of the Maputo Protocol and the need to guarantee the universal application of its provisions to enable women across Africa to access its protections fully;
Reiterating the AU's dedication to the complete and efficient enforcement of the Maputo Protocol as a pivotal tool for advancing women’s empowerment and achieving gender equality in Africa;
The Commission decides to:
1. Develop a Framework for Advocacy to raise awareness for lifting Reservations on some provisions of the Maputo Protocol.
2. Direct the Special Rapporteur on the Rights of Women in Africa to develop the Advocacy Framework in collaboration with relevant Partners and other stakeholders.
Done on 11 March 2025
