Twenty years after, Maputo Protocol, which is one of the world’s most comprehensive and progressive women’s human rights instruments, is yet to achieve much-desired acceptance in Nigeria. In this report, ENE OSHABA xrays Coalition for the Domestication of the Maputo Protocol (CODMAP) advocacy to promote, and popularise, the protocol in Nigeria.
as one of the many advocacy strategies lined up to promote, popularise, and enable acceptance of the protocol in Nigeria. ENE OSHABA reports
The Maputo Protocol is one of the world’s most comprehensive and progressive women’s human rights instruments, the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa ‘the Maputo Protocol’ was adopted by Heads of State and Government in Maputo, Mozambique on 11 July 2003.
Since the Maputo Protocol came into force in 2005, 49 of the 55 African Union Member States have signed on, and 44 including Nigeria have ratified it. The Protocol has one of the highest number of ratification for an instrument in the African Union.
Eighteen years after Nigeria ratified the Protocol she is yet to domesticate and implement it even though the Protocol addresses the specific challenges faced by women in Africa, including gender-based violence, discrimination, and limited access to healthcare, education, among others to make them live a more dignified life.
Why Protocol is different
For the Executive Director, Baobab for Women’s Human Right, Bunmi Dipo-Salami, the Maputo Protocol stands out because it takes into account the specific needs of the African woman unlike other women human right instruments like CEDAW, and all other legal frameworks that are in place to make women’s lives better.
Dipo-Salami stated this while responding to questions from journalists during a recent a joint press conference by Coalition for the Domestication of the Maputo Protocol (CODMAP), a multi-stakeholder body comprising state and non-state actors; ministries, departments and agencies; and feminist organisations; working collectively to realise a just and equitable society for women and girls in Nigeria.
The executive director of the women’s right group explained that the Maputo Protocol was put together by African Heads of State and governments and so it speaks to the realities of the African women and girls.
According to Dipo-Salami, it takes into consideration what will make the lives of women and girls more meaningful hence if domesticated and adequately implemented it would make the Nigerian society a better one in terms of prosperity and economic development.
“We all know that nobody can run without two legs but unfortunately Since 1960 Nigeria has been hopping with one leg while other countries are running ahead of us in terms of the implementing of the Maputo Protocol.
“Countries like Namibia, Tanzania, South Africa, are far ahead of us and their women doing very well because they are implementing.
“This lack of implementation by Nigeria is not just on the Maputo Protocol but all other policies to make the lives of women better.
“This protocol is fundamental to the lives of women but patriarchy and lack of political will keep dragging us back, countries doing well have some of these provisions in their gender policies so it’s about Nigerian government to direct INEC and political parties to give quota to women,” she explained.
…It protects women anywhere in Africa
Similarly, the Managing Partner, Didi Anike and Partners, Ndidi Anike, noted that the African Union saw the need to have a regional law that was binding on all the African states and not just Nigerian or any individual country, and so it deals with the rights of all women in Africa.
“The Maputo Protocol is more extensive and what that means is that the law protects women anywhere in Africa. Laws are different in each country but what the Maputo Protocol has done is to unify our system, bring African women together so much so that we are protected anywhere within the African continent,” she said.
CODMAP’s push for domestication
As part of its advocacy strategies to promote and enable acceptance of the Maputo Protocol CODMAP on Wednesday organised a press conference in Abuja with theme: “Maputo @ 20: Advancing the Rights of Women; Nigeria’s Journey with the Maputo Protocol,” and called for urgent action for the domestication of the Maputo Protocol in order to advance the human rights of women and girls in the country.
While reading text of the press briefing, the Country Vice President Federation of Female Lawyers (FIDA Nigeria), Amina Suzanah Agbaje, explained that the Maputo Protocol is an essential legal instrument adopted by the African Union to preserve, protect and promote the rights of women on the continent.
She noted that Nigeria, as a signatory to the Protocol, has committed to upholding and implementing its provisions to ensure gender equality and women’s empowerment by ratifying the Protocol on June 13, 2005.
Agbaje expressed disappointment that 18 years down the line, Nigeria was unable to fully utilise this framework for defending and advancing women’s rights through the process of incorporating the provisions into extant laws to give it force of law.
“This has posed a great challenge for the general progress and development of women in Nigeria,” she lamented.
Agbaje noted with displeasure that Nigerian women continue to face various forms of discrimination, marginalisation, violence, flagrant abuse, and barriers, to accessing their fundamental human rights which have been addressed and are contained in the articles of the Protocol, amongst other new policies and laws.
It is as a result of this that CODMAP firmly advocates that the full implementation of the Maputo Protocol is essential to addressing these challenges comprehensively and to ensure a more equitable and just society for all Nigerians.
On 35% Affirmative Action
On the clamour for a 35% Affirmative Action for women CODMAP, like many other women organisations, have explored different advocacy strategies to lobby for women to be at decision making tables.
According to Bunmi Dipo-Salami, “We have been lobbying for the 35 per cent Affirmative Action. We have so many Nigerian women groups, coalitions, so many of them trying to say this is what we need.
“Nigeria signed onto this Protocol to show it will protect women and that women will have a seat at the table so we continue to appeal to the President to give Nigerian women minimum of 35percent seat at the table.
“CODMAP has been working in different states with sub-national government. However, when it comes to the domestication of Maputo Protocol, there is no legal framework that Nigeria has signed unto that is international that has the force of law until it is domesticated. If this is not domesticated by the national assembly the state governments cannot tap into it, yet Nigeria keeps doing periodic reporting on what we have not yet domesticated so we call on the government to see the need to domesticate this protocol,” she added.
Similarly, Agbaje, while also speaking on the affirmative action advocacy recalled that women had taken the federal government to court as a last resort to ensure that this is followed true and won the judgement.
She, however, expressed disappointment that the government appealed the judgement instead of obeying the court order.
“Nigeria women sued the federal government for not assenting to the affirmative action and the court said it was a violation of women’s rights and that the government should implement the 35 per cent Affirmative Action meaning that women should be appointed in decision making positions and while we were celebrating that judgement the federal government appeal that decision.
“We are wondering: how can a government appeal against its own policy? We are waiting and preparing to meet them at the court of appeal to ensure that women get that 35 per cent Affirmative Action that we are all clamoring for,” she said.
In the same vein, Anike expressed displeasure that the federal government did not obey the court order, and queried that when it concerns the wellbeing of women and girls whose rights should be protected and promoted?
“The fact that court has giving judgement gives it the force of law and because we have been emphasizing on the rule of law it behooves on the government against who this judgement has been made and for which judgement guarantees the inclusion of women it behooves on the government to obey the court order and not to rubbish the sanctity of the court.
“…and to that effect, it is a national gender policy which talks on enhancing, promoting, and protecting the rights of women and to the extent that the government has not yet complied speaks a lot to its motives and plans to the women in Nigeria.
“The government should abide by the court judgement and be obedient on the rule of law,” she stated.
CODMAP demands from govt
In the spirit of celebrating the 20th anniversary of the Maputo Protocol, the coalition made some key demands that require urgent attention from the government including: domestication and enforcement of Protocol; political participation and representation; access to comprehensive sexual and reproductive health and right; and women’s economic and social empowerment.
On Domestication and Enforcement of the Protocol the group stated: “We call upon the Nigerian government to fully domesticate and deposit the provisions of the Maputo Protocol by enacting national legislations that align with its provisions. This will ensure that the rights enshrined in the Protocol are protected and upheld at all levels.
“Political Participation and Representation: We urge for greater efforts to increase women’s representation and participation in decision-making processes at all levels of governance and leadership, including in elected positions and public offices.
“Through affirmative action, participative governance and the equal involvement of women in the political life of Nigeria should be promoted.
“The 2023 Nigerian elections are a typical example of the awful state of women representation in politics and governance in Nigeria. Women made up only 10 per cent of over 15,000 candidates in the 2023 election cycle, representing eighteen political parties.
“At the federal level, women made up 9 per cent of all candidates in the races for president, House of Representatives, and Senate.
“At the state level, women constituted 11 percent of all candidates running for governor and state houses of assembly. The result of the elections is even worse as we all know.
“The domestication and implementation of the Maputo protocol all we need to have this challenge addressed.”
On Access to Comprehensive Sexual and Reproductive Health and Right: “We demand adequate, affordable and accessible health services, including adequate and accurate information, education and communication programs to women especially those in rural areas.
“This will greatly contribute to reducing maternal morbidity and mortality which is currently at the rate of 512 deaths per 100,000 live births in the country thereby improving women’s overall health and well-being.”
Similarly, on Violence Against Women and Girls: Gender-based violence remains a pressing concern in Nigeria; “The government must intensify efforts to prevent and address violence against women and girls, including domestic violence, sexual abuse and assault, harmful widowhood and traditional practices including denial of property and inheritance, female genital mutilation among others.
“This requires strengthening law enforcement to hold perpetrators accountable, providing support services for survivors, preserving their dignity and fostering a culture of respect and gender equality.”
Regarding Women’s Economic and Social Empowerment: “We call for targeted policies and initiatives to enhance women’s economic empowerment, including access to credit, entrepreneurship opportunities, and equal pay for equal work. Although there have been improvements in girls’ access to education, disparities persist, particularly in the northern and in rural areas.
“To empower women fully, we must ensure equitable access to quality education and address barriers such as early marriage and cultural norms that hinder girls’ education.
“We must challenge deeply-rooted gender norms and stereotypes and engage communities to help transform attitudes towards women and girls to enable them to reach their full potential and participate equally in all spheres of society.”
The group further stated, “As we make our demands, we recognise the efforts made by various stakeholders in advancing women’s rights; civil society organisations, governmental bodies, and individuals working tirelessly to promote gender equality.
“We call upon the Nigerian government, and all stakeholders to re-double efforts in advocating for the domestication and implementation of the Maputo Protocol effectively.
“Collaborative action is essential to create an inclusive and gender-equal Nigeria where women can fully realise their rights and potential.
“We commit ourselves to working together to overcome the obstacles ahead, advocating for policy changes, and fostering a society where women’s rights are respected, protected, and advanced in every sphere of life.”
