At various national levels, the Maputo Protocol has also spurred the formulation and revision of policies and laws to promote, protect and safeguard women’s rights. Many countries have taken tangible steps to align domestic legislation with the protocol’s provisions. For example, Zimbabwe has outlined that the state has a duty to provide “basic, accessible and adequate health services” for and to women. Similarly, in Guinea, the 2020 constitution includes clauses that protect women’s rights to health, physical and mental well-being.

The Protocol on the Rights of Women in Africa (the Maputo Protocol), adopted in 2003 by African Union heads of state and government, was a milestone addition to human rights frameworks in the continent. By their intent, human rights frameworks are meant to ensure the protection, promotion, and fulfilment of rights. These frameworks provide a structured approach to addressing various aspects of human rights, guiding governments, organisations, and societies in their efforts to create a just and equitable world. However, this intent is only as effective as the implementation of the frameworks.

The Maputo Protocol was adopted, as an addition to the human rights frameworks under the African Charter on Human and People’s Rights, in June 1981 by the 18th Assembly of Heads of State and Government of the then Organisation of African Unity (OAU). The instrument entered into force on the 25th of November 2005, only two years after its adoption – a testament to the commitment of African governments to women’s rights. Since then, 44 of 55 member states have ratified the Protocol, while 49 have signed it.

The Maputo Protocol extends and elaborates upon the provisions outlined in the African Charter on Human and Peoples’ Rights, emphasising the urgent need to address the unique challenges and discrimination that women face across the continent. It provides a comprehensive framework for safeguarding and promoting women’s rights in diverse spheres of life, while addressing many critical issues, including violence against women, economic and political empowerment, reproductive rights, and access to justice. By doing so, the Maputo Protocol acknowledges the multifaceted nature of women’s rights and recognises the interplay between gender equality, development, and human dignity.

One of the key strengths of the Maputo Protocol lies in its emphasis on practical implementation. It calls for legislative and policy reforms, institutional mechanisms, and capacity-building initiatives, to effectively translate its provisions into action. Moreover, the protocol emphasises education and awareness-raising to challenge deeply ingrained norms perpetuating gender inequality. While the Maputo Protocol marks a significant stride toward gender equality and women’s empowerment, its successful implementation remains an ongoing endeavour.

What Progress Has Been Recorded?

Since its adoption in 2003, the Maputo Protocol has marked a significant step forward in advancing women’s rights across Africa. The progress made under this protocol can be assessed through its ratification levels, national policies, regional frameworks and tangible progress in women’s empowerment and gender equality.

As previously noted, the ratification of the Maputo Protocol has been a notable measure of its acceptance and endorsement by African nations. Over the past 20 years, the protocol has garnered substantial support, with a majority (44 out of 55 Member States) of the African Union ratifying or acceding to it. The ratification of the Protocol signifies a collective acknowledgement of its importance in addressing the myriad of issues African women face, from gender-based discrimination and violence to being sidelined in political and public representation.

At various national levels, the Maputo Protocol has also spurred the formulation and revision of policies and laws to promote, protect and safeguard women’s rights. Many countries have taken tangible steps to align domestic legislation with the protocol’s provisions. For example, Zimbabwe has outlined that the state has a duty to provide “basic, accessible and adequate health services” for and to women. Similarly, in Guinea, the 2020 constitution includes clauses that protect women’s rights to health, physical and mental well-being.

Furthermore, states have undergone and enacted legal reforms to criminalise various forms of violence against women. Burundi, for example, has had legislative reforms that widely address gender-based violence (GBV), while in Seychelles, reforms have targeted domestic violence. Other legal reforms have increased the severity of punishment for violence against women (VAW), for example in Senegal and Sierra Leone, and more than 20 countries have now banned or criminalised Female Genital Mutilation (FGM). These policy changes reflect a growing recognition of women’s vital role in development and the need to eliminate deeply entrenched gender disparities.

…implementing the Maputo Protocol in Nigeria has witnessed mixed progress across various aspects of women’s rights. The representation of women in politics remains an area with room for improvement. While the protocol emphasises the importance of women’s participation in decision-making, Nigerian politics still faces challenges in achieving gender parity.

While substantial progress has been achieved under the Maputo Protocol, persistent challenges exist. Implementation gaps, inadequate resources, and cultural norms that perpetuate gender inequality continue to impede its full realisation. Moreover, the varying pace of policy implementation across countries underscores the need for continued advocacy and collaboration.

The Nigerian Case

Nigeria is one of the early countries that ratified the Maputo Protocol. It follows a slew of other international frameworks to which Nigeria has signed.

Since 2003, the country has also consistently developed national gender policies. An important milestone was the passage of the 2015 Violence Against Persons Prohibition (VAPP) Act, which aims to eliminate violence in private and public life, with specific prison terms for crimes. Yet, even with the passage of the VAPP Act, not all states in Nigeria have ratified the law, and there are currently three states yet to domesticate the Act. Besides, for states that have domesticated the VAPP Act, there is still the need for a comprehensive, coordinated approach, involving law enforcement, healthcare, and community engagement, to adequately address GBV as a deeply rooted issue in Nigerian society.

Some tangible changes have also been experienced in the country, particularly the improvement in the political consciousness of young women about the democratic governance space, in terms of participation and representation; increasing demand for gender justice by women’s rights groups; as well as resilience in continuing to push for the voice, agency and power of women in nationhood.

However, implementing the Maputo Protocol in Nigeria has witnessed mixed progress across various aspects of women’s rights. The representation of women in politics remains an area with room for improvement. While the protocol emphasises the importance of women’s participation in decision-making, Nigerian politics still faces challenges in achieving gender parity. Despite policy provisions, including the Nigerian National Gender Policy, which stipulates a 35 per cent minimum threshold for women’s political participation, women’s representation in political offices remains relatively low.

A glaring example can be seen in the number of women sworn into the nation’s 10th National Assembly shortly after the 2023 Nigerian elections. Currently, in the Nigerian Senate, out of the 109 senators, only three are women, while in the House of Representatives, sixteen women were sworn in out of the 360. While efforts to enhance women’s political participation continue, there is a gap between policy and implementation, signalling that more must be done to translate policy intentions into tangible results.

Furthermore, GBV remains a critical concern in Nigeria. While the Maputo Protocol addresses the need to eliminate violence against women, Nigeria continues grappling with high GBV rates. Domestic violence, sexual assault, and harmful traditional practices persist, often due to inadequate enforcement of laws and societal norms perpetuating gender inequality. Efforts to combat GBV have included legal reforms and awareness campaigns.

Nigeria is poised to make significant strides towards fully implementing the Maputo Protocol. However, a deliberate and concerted effort involving relevant stakeholders across various levels in both public and private domains is needed to advance gender equality and create a society where women’s rights are protected, respected, and upheld.

Similarly, conflicts in Nigeria, particularly in regions driven by insurgency and violence, disproportionately affect women. While the Maputo Protocol emphasises the protection of women during conflicts and their participation in conflict resolution and peacebuilding, women in conflict-affected areas in Nigeria face the heightened risks of sexual violence, displacement, and loss of livelihoods. The impacts, for instance, of the Boko Haram insurgency, have increased conflict-related sexual violence for millions of women and girls across the affected countries beyond Nigeria, including Cameroon, Chad, and Niger. The lack of comprehensive support services for victims of conflict-related sexual violence remains challenging in addressing violence against women (VAW).

Furthermore, climate-induced threats affecting Nigerian women’s livelihoods also present additional challenges the country has to reckon with. The Protocol underscores the link between environmental sustainability and women’s rights. Yet, Nigerian women are disproportionately affected by climate change, as they are often responsible for food production and water collection. In the last few years, changing rainfall patterns, environmental degradation, and insecurity have decreased agricultural productivity and increased resource scarcity, impacting women’s economic empowerment and exacerbating existing gender disparities.

Bridging the Gaps and the Way Forward

A comprehensive and multi-faceted approach is required to bridge the gaps and fully implement the Maputo Protocol in Nigeria. For instance, legal reforms and enforcement are needed to strengthen and enforce existing laws that protect women’s rights and address gender-based violence. The establishment of specialised courts to expedite legal proceedings for cases of violence against women, as we have seen in the Federal Capital Territory, is necessary for ensuring that abusers are not only reported but also prosecuted for their offences in a manner that is both timely, efficient and ensures that justice is served and the rights of women are protected.

Educating the public and creating awareness about women’s rights is also important. Done consistently, this will, over time, foster a cultural shift, especially if religious and other community leaders are involved in advocating for gender equality and challenging harmful gender norms and practices. Similarly, women’s social and political empowerment is crucial in ensuring they are represented in public and private organisations. Therefore, implementing and monitoring gender quotas for political positions is perhaps the most effective way to safeguard and promote women’s active participation and leadership in decision-making bodies at all levels.

Furthermore, providing training and mentorship programmes to equip women with the skills needed for effective political engagement will ensure they are prepared to lead and effectively participate in democratic and governance processes, given the opportunity. Women, especially in rural areas, also need enhanced access to quality healthcare and support services, specifically for survivors of gender-based violence. Safe spaces and shelters for women and girls should be available across all levels to offer counselling, legal aid, and economic empowerment programmes that help women rebuild their lives.

Additionally, developing climate adaptation strategies that prioritise women’s needs and vulnerabilities, investment in sustainable agricultural practices, water resource management, and alternative livelihood options, are necessary for ensuring and protecting women’s economic resilience in the face of climate-induced threats.

Nigeria is poised to make significant strides towards fully implementing the Maputo Protocol. However, a deliberate and concerted effort involving relevant stakeholders across various levels in both public and private domains is needed to advance gender equality and create a society where women’s rights are protected, respected, and upheld.

Olufunke Baruwa is a Nigerian feminist, gender, and development practitioner. She is currently the Program Officer for Gender, Racial and Ethnic Justice at the Ford Foundation Office for West Africa where she leads work on ending violence against women and girls.