How the Maputo Protocol has supported justice for survivors of sexual violence in Africa 

The Maputo Protocol, formally known as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, is a beacon of hope for women and girls across the continent. Since its adoption in 2003, this landmark treaty has been pivotal in driving justice for survivors of sexual violence, fostering progressive legal reforms, and empowering African courts to take decisive action against gender-based violence.

As Africa continues to grapple with persistent challenges of sexual violence, the Maputo Protocol remains a crucial legal instrument for ensuring accountability for perpetrators, safeguarding survivors, and promoting gender equality. 

In the following key judicial decisions,  we examine its transformative impact on justice systems through significant cases and the wider legal framework it has helped shape.

Key Cases Driving Justice Through the Maputo Protocol

1. Tshabalala vs. The State (South Africa, 2019)

The South African Constitutional Court made a groundbreaking decision by extending the doctrine of common purpose to rape cases. This doctrine ensures all members of a group involved in sexual violence are held accountable, even if they did not directly commit the act. The judgment emphasized that rape is not solely a sexual crime but a manifestation of power and control. The court’s reliance on the Maputo Protocol affirmed its call for decisive action to protect women’s dignity and security.

2. Coalition on Violence Against Women vs. Attorney General (Kenya, 2020)

In the aftermath of Kenya’s post-election violence, survivors of sexual violence faced systemic neglect. The Kenyan High Court held the government accountable for failing to investigate and prosecute these crimes. By invoking the Maputo Protocol, the Court reinforced the state’s obligation to protect survivors and uphold the right to life, dignity, and security.

3. Centre for Domestic Violence Prevention vs. Attorney General (Uganda, 2021)

Uganda’s Constitutional Court declared sections of the Anti-Pornography Act unconstitutional, citing their violation of women’s rights to dignity and security. The court acknowledged the Maputo Protocol’s emphasis on eliminating discriminatory laws and protecting survivors from cultural and systemic victim-blaming.

4. Collectif Cri de Coeur pour le Mali vs. The Government of Mali (2024)

During Mali’s armed conflict, survivors of sexual violence brought a case against the government. While the ECOWAS Court acknowledged procedural gaps in evidence, it reinforced the Maputo Protocol’s requirement for state accountability in protecting women during conflicts and prosecuting perpetrators.

How the Maputo Protocol Strengthens Justice Systems

The Maputo Protocol provides a comprehensive framework for addressing sexual violence. Key provisions include:  

1. Article 2: Mandates the elimination of discrimination, compelling states to implement affirmative action and legal reforms.  
2. Article 4: Guarantees women the right to life, integrity, and security, prohibiting all forms of exploitation, cruel treatment, and violence.  
3. Article 8: Ensures equal protection before the law and access to justice, including legal aid and gender-sensitive training for judicial bodies.
4. Article 11: Urges States Parties to undertake to protect asylum-seeking women, refugees, returnees, and internally displaced persons, against all forms of violence, rape and other forms of sexual exploitation.
5. Article 14 (2)(c): Protects the reproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the fetus

These provisions require Member States to align their domestic laws with the provisions of the Maputo Protocol to ensure the protection of survivors of sexual violence and the accountability of perpetrators. These provisions also empower the courts to set legal precedents that can influence how future cases of sexual violence are handled while incorporating the principles of the instrument.

 A Call to Action: Strengthening the Fight Against Sexual Violence

To fully realize the Maputo Protocol’s promise, the following steps are crucial:  

• Domesticate and Implement the Protocol: African Union member states must harmonize domestic laws with the Protocol’s provisions.  
• Invest in Survivor Support: Expand legal aid, counseling, and rehabilitation services for survivors.  
• Train Legal Practitioners: Provide gender-sensitive training to judges, prosecutors, and law enforcement ensuring they understand trauma-informed approaches, and the rights of survivors.
• Challenge Harmful Norms: Engage communities in dismantling cultural practices that perpetuate sexual violence.
• Increase Data Collection and Research: Accurate data on the prevalence and patterns of sexual violence is essential to guide policy decisions and track progress.

The Maputo Protocol remains a cornerstone of Africa’s fight against sexual violence. Its impact is visible in groundbreaking judicial decisions that amplify the voices of survivors and hold states accountable. However, the journey is far from over. By strengthening legal frameworks, investing in survivor support, and fostering cultural change, Africa can turn the Maputo Protocol’s vision of gender equality into a reality.