Protecting Progress: Rights Advocates Push African Governments to Defend the Maputo Protocol
By Alain
Kabinda
As Africa
races against time to achieve gender equality and improved health outcomes by
2030, a growing coalition of human rights advocates, legal experts, and health
leaders is sounding the alarm over what they describe as a dangerous threat to
decades of progress for women and girls across the continent.
At the
center of the debate is a proposed African Charter on Family Sovereignty and
Values, a draft document that critics say could weaken established protections
for women's rights, sexual and reproductive health rights, and gender equality
enshrined in the Maputo Protocol.
During a
recent global dialogue hosted by the Global Centre for Health Diplomacy and
Inclusion (CeHDI), the International Planned Parenthood Federation (IPPF), and
several international partners, experts called on African governments to reject
the proposed charter and reaffirm their commitment to the Maputo Protocol, one
of Africa's most significant human rights instruments.
For many
advocates, the issue goes beyond legal language. It is about the future of
millions of women and girls whose access to education, healthcare, protection
from violence, and reproductive rights could be affected by decisions made
today.
A Landmark
African Achievement Under Pressure Adopted by the African Union in 2003, the
Maputo Protocol is widely regarded as one of the most progressive human rights
treaties on the continent. Ratified by 46 African Union member states, the
protocol provides comprehensive protections for women and girls, including
safeguards against discrimination, harmful cultural practices, gender-based
violence, forced marriage, and female genital mutilation.
The treaty
also guarantees women's rights to health, including sexual and reproductive
health services.
"It
demonstrates that gender equality and women's rights are not foreign concepts
imposed on Africa," said communications specialist Famia Nkansa.
"African women activists, policymakers, legal experts, and governments
played a central role in shaping the protocol."
Yet rights
defenders fear that the proposed charter could undermine those achievements by
introducing provisions that prioritize state sovereignty, traditional family
structures, and cultural values over individual rights and protections.
And Dr.
Tlaleng Mofokeng, the United Nations Special Rapporteur on the Right to Health,
described the draft charter as a direct challenge to progress achieved through
decades of advocacy and legal reform.
"The
regressive draft African Charter on Family Sovereignty and Values is yet
another assault on sexual and reproductive health rights and justice, as well
as bodily autonomy and human rights in general," she said.
According to
Dr. Mofokeng, the draft charter encourages governments to withdraw from
evidence-based agreements such as the Maputo Protocol and risks reversing gains
made in advancing gender equality and reproductive health across Africa.
She also warned
that amid growing global resistance to gender equality and reproductive rights,
African governments must resist efforts that seek to weaken established
protections.
"Gender
justice and human rights to health are not negotiable. They are essential
foundations for human development, sustainable peace, and security," she
said.
Meanwhile speaking
at the same dialogue forum Ms. Sibongile Ndashe, Executive Director of the
Initiative for Strategic Litigation in Africa (ISLA), noted that the draft
recognizes family primarily through heterosexual marriage and biological
parenthood.
She argued
that such a definition could exclude many family structures and create barriers
to access services and legal protections.
"The
practical implications are profound because family recognition determines
access to inheritance, housing, custody, social protection, and legal
recognition before the state," Ndashe explained.
She further
cautioned that placing family cohesion above individual rights could leave
women, children, and vulnerable groups with fewer protections when family
structures themselves become sites of abuse, discrimination, or unequal power
relations.
Other legal
analysts have raised concerns that the draft charter limits recognition of
gender diversity and rejects comprehensive sexuality education, which public
health experts have linked to improved health outcomes, lower rates of HIV
transmission, reduced unintended pregnancies, and lower levels of gender-based
violence.
The debate
unfolding in Africa mirrors broader global tensions around gender equality and
reproductive rights.
Experts say
anti-rights movements have gained momentum in various regions, challenging
advances in women's rights, sexual and reproductive health, and protections for
marginalized communities.
Dr. Pam
Rajput, Professor Emeritus at Panjab University in India, warned that setbacks
in one region can influence developments elsewhere.
"Patriarchy
is transnational and so are anti-rights movements," she said. "The
question is not only what this means for Africa but what it means for the
future of women's rights everywhere."
She
emphasized that human rights cannot be selectively applied based on geography,
politics, or cultural interpretation.
The urgency
of the debate is heightened by the approaching deadline for the United Nations
Sustainable Development Goals (SDGs).
With only 54
months remaining before the 2030 target, advocates say the world is already off
track in achieving both SDG 3 (Good Health and Well-being) and SDG 5 (Gender
Equality).
Instead of
accelerating progress, many fear that efforts to weaken existing rights
frameworks could slow progress even further.
For
supporters of the Maputo Protocol, defending the treaty is not merely about
preserving legal commitments—it is about protecting real lives.
Behind every
policy debate is a girl seeking education, a woman seeking healthcare, a
survivor seeking justice, and communities striving for equality and dignity.
As African
governments consider the future of the proposed charter, rights advocates are
delivering a clear message: progress achieved through decades of struggle
should not be reversed.
For them,
the Maputo Protocol remains more than a treaty. It is a symbol of Africa's
commitment to gender equality, human dignity, and the right to health for all.
And as the
continent confronts new challenges and competing visions for its future, many
believe that protecting those gains has never been more important.

.jpg)







