The African Commission on Human and Peoples' Rights (the African Commission), meeting in its 80th Ordinary Session, held virtually from 24 July to 2 August 2024:
Recalling the mandate of the Commission, as set out 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 to resolve legal issues related to human and peoples' rights, which may serve as a basis for State legislation;
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 obliges States Parties to ensure the implementation of the Protocol at the national level;
Considering the mandate of the Commission to cooperate with regional and international institutions in the pursuit of the protection and promotion of human rights;
Recognizing the valuable contributions made by the Commission through its soft laws, including the General Comments on the Maputo Protocol and the Joint General Comment with the African Committee of Experts on the Rights and Welfare of the Child 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 problems 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 transposition into domestic law of the Maputo Protocol at the national level;
Considering further the inadequacy of legislation specifically focused on women's rights and the lack of coherence and harmonisation of existing legislation on women's rights in different countries;
Stressing the importance of providing clear guidelines, interpretations and recommendations to assist legal practitioners, legislators, officials and other stakeholders in effectively implementing the provisions of the Protocol;
Recognizing the need to encourage Member States to develop national legislation that aligns with the provisions of the Maputo Protocol and its transposition into domestic law;
Further recognizing the importance of developing a model law based on the Maputo Protocol, which can serve as a comprehensive guide for national legislatures.
THE COMMISSION DECIDES TO:
- Develop a model law on the implementation and domestication of the Maputo Protocol. This model law will serve as a model 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 Parliamentary Committee on Gender, Family, Youth and Persons with Disabilities, and the African Union Commission on International Law (AUCIL).
- Urges partners to support the Commission's Special Rapporteur on the Rights of Women in this crucial endeavour.
Done virtually, August 2, 2024.
