Preface
The African Commission on Human and Peoples’ Rights (the African Commission) is pleased to adopt this General Comment on Article 7(d) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Maputo Protocol).
The Maputo Protocol, adopted in 2003 and entered into force in 2005, complements the African Charter on Human and Peoples’ Rights (African Charter) by expanding the substantive protection of women’s rights in Africa. It does so by explicitly providing for women’s equal rights to land and property, as well as their equal rights in marriage.
Under Article 7(d) of the Maputo Protocol, States Parties are called upon to enact appropriate legislation to ensure that women and men enjoy the same rights in cases of separation, divorce or annulment of marriage. In this regard, they shall ensure that “… in case of separation, divorce or annulment of marriage, women and men shall have the right to an equitable sharing of the joint property deriving from the marriage.”
This General Comment provides guidance on the interpretation of the rights of women during separation, divorce or annulment of marriage, to ascertain that men and women shall have the right to an equitable sharing of the joint property deriving from the marriage as per Article 7(d) of the Maputo Protocol as well as outlines the overall and specific obligations of States Parties towards promoting the effective domestication and implementation of Article 7(d) of the Maputo Protocol.
The African Commission established different Special Mechanisms to advance specific human rights issues. One of such mechanisms is the Special Rapporteur on the Rights of Women in Africa (SRRWA). The SRRWA took leadership in the development of this General Comment pursuant to the adoption of Resolution 262 on Women’s Right to Land and Productive Resources in 2013 and Resolution 401 on the development of General Comments on Article 7(d) of the Maputo Protocol.
The SRRWA thus worked in consultation with government institutions and other relevant stakeholders who provided invaluable feedback in face-to-face meetings and through electronic contributions. The African Commission wishes to express its gratitude to all its partners and other stakeholders who participated so whole-heartedly in the development of this General Comment.
Commissioner Lucy Asuagbor
Special Rapporteur on the Rights of Women in Africa
