Prepared by the Special Rapporteur on the Rights of Women in Africa
May 2025
DRAFT
Contents
| Abbreviations and Acronyms | iv |
|---|---|
| PART ONE | 1 |
| Chapter 1: Introduction | 1 |
| Background | 1 |
| Justification | 3 |
| Objective | 6 |
| Chapter 2: Reservations in International Law | 8 |
| The Vienna Convention on the Law of Treaties | 8 |
| The reservations regime under the Maputo Protocol | 9 |
| PART TWO | 14 |
| Chapter 3: State Parties to the Maputo Protocol and Member States of the African Union | 14 |
| Context | 14 |
| Suggested approach towards withdrawing reservations | 19 |
| Chapter 4: The African Commission on Human and Peoples' Rights | 26 |
| Context | 26 |
| Suggested approach towards withdrawing reservations | 28 |
| Chapter 5: The Special Rapporteur on the Rights of Women in Africa | 32 |
| Context | 32 |
| Suggested approach towards withdrawing reservations | 33 |
| Chapter 6: The African Committee of Experts on the Rights and Welfare of the Child | 35 |
| Context | 35 |
| Suggested approach towards withdrawing reservations | 36 |
| Chapter 7: The African Court on Human and Peoples' Rights | 38 |
| Context | 38 |
| Suggested approach towards withdrawing reservations | 39 |
Chapter 8: Key Decision-Making Organs of the African Union... 40 Context... 40 Suggested approach towards withdrawing reservations... 44 Chapter 9: The Pan-African Parliament... 46 Context... 46 Suggested approach towards withdrawing reservations... 46 Chapter 10: Regional Economic Communities... 48 Context... 48 Suggested approach towards withdrawing reservations... 49 Chapter 11: International Human Rights Mechanisms... 51 Context... 51 Suggested approach towards withdrawing reservations... 52 Chapter 12: National Human Rights Institutions... 53 Context... 53 Suggested approach towards withdrawing reservations... 53 Chapter 13: Civil society organisations... 55 Context... 55 Suggested approach towards withdrawing reservations... 55 Conclusion... 58 Annex: Resolution on the Need to Raise Awareness for States to Withdraw Reservations on some Provisions of the Maputo Protocol... 59
Abbreviations and Acronyms
| ACDEG: | African Charter on Democracy, Elections and Governance |
|---|---|
| ACHPR: | African Charter on Human and Peoples’ Rights |
| ACRWC: | African Charter on the Rights and Welfare of the Child |
| Advocacy Framework: | Advocacy Framework for Withdrawing Reservations to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| African Commission: | African Commission on Human and Peoples’ Rights |
| African Court: | African Court on Human and Peoples’ Rights |
| APRM: | African Peer Review Mechanism |
| AU: | African Union |
| AUC: | African Union Commission |