ECOWAS Court

Africa's groundbreaking women's rights treaty turns 20 - the hits and misses of the Maputo protocol

Retrieved on: 
Sunday, July 16, 2023
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The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is arguably the most progressive legally binding instrument on women’s and human rights instruments globally.

Key Points: 
  • The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is arguably the most progressive legally binding instrument on women’s and human rights instruments globally.
  • The Maputo Protocol provides for extensive and progressive women’s rights.

What does it mean for sexual and reproductive rights?

    • Articles 2 and 14 made specific provisions to protect the sexual and reproductive rights of women and girls.
    • Also, 22 out of 29 African countries practising female genital cutting now have national laws in place banning the practice.
    • Article 14 mandates member countries to ensure the right to health of women, including sexual and reproductive health.

Has it been effective?

    • Since the inception of the Maputo Protocol, most African countries have removed user fees for maternal health services in government-owned health facilities.
    • This has increased access to quality maternal healthcare services for marginalised women and girls.
    • The success of the Maputo Protocol in protecting and guaranteeing the rights of women and eliminating discrimination is quite remarkable.

What have its shortcomings been?

    • Twenty-four haven’t fulfilled their reporting obligation to the African Commission on Human and Peoples’ Rights.
    • For example, 11 countries (Cameroon, Seychelles, Sudan, South Africa, Burkina Faso, Gabon, Guinea-Bissau, Mali, Niger, Senegal, and Tanzania) permit girls below 18 years to marry.
    • But sexual and gender-based violence, child marriage and female genital cutting remain high in most African countries.
    • This hinders their smooth transition into adulthood and affects their immediate and lifelong health (physical and mental) and socioeconomic wellbeing and empowerment.

What more needs to be done?


    More advocacy is needed to ensure:
    • The partnership between all actors working to ensure women’s health and reproductive rights are realised should be reinvigorated and sustained to make certain that gains are consolidated and not reversed.
    • Juliet Kimotho, senior advocacy officer at the African Population and Health Research Center, contributed to this article.

CJA, IHRDA, AND DEBEVOISE FILE LANDMARK HUMAN RIGHTS COMPLAINT AGAINST LIBERIA IN WEST AFRICAN COURT FOR FAILURE TO PROVIDE JUSTICE FOR MASSACRE OF SIX HUNDRED CIVILIANS

Retrieved on: 
Wednesday, October 5, 2022
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"It's high time that Liberia finally conduct effective investigations and prosecute civil wars era human rights violations and atrocities."

Key Points: 
  • "It's high time that Liberia finally conduct effective investigations and prosecute civil wars era human rights violations and atrocities."
  • The IHRDA is a panAfrican non-governmental organization (NGO) working to promote awareness of human rights in Africa and improve the effectiveness of the African Human Rights system.
  • The three pillars of IHRDA's work are litigation, capacity-building and information sharing about the African human rights system.
  • IHRDA envisions an African continent where all have access to justice via national, African and international human rights mechanisms.

IAC statement Aug 6th press conference Alex Saab’s case had violations of international norms, errors, and challenges to legal rationality

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Saturday, August 7, 2021
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However, what is even more rhetorically compelling is that the United States has notified the UN that it will not apply the UNCTOCs extradition provision.

Key Points: 
  • However, what is even more rhetorically compelling is that the United States has notified the UN that it will not apply the UNCTOCs extradition provision.
  • Mr Femi Falana SAN, Alex Saabs lead ECOWAS Counsel, addressed the following points at the start of the press conference:
    The case of the arbitrary detention in Cape Verde of Alex Saab is far from an ordinary case of detention or human rights violations.
  • This case is emblematic of a series of flagrant and systematic violations of international norms and has been, from the beginning, punctuated by errors, violations, and challenges to all legal rationality.
  • According to IAC, this case is emblematic of the failure of the rule of law, but above all it is an indelible stain on the international reputation of Cape Verde.

The International Action Centre: ECOWAS Court Dismissed Cape Verde’s Motion to Set Aside Judgment for Release of Alex Saab

Retrieved on: 
Thursday, June 24, 2021
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On 15 April, the Government of Cape Verde filed two motions praying the ECOWAS Court to set aside the Judgment.

Key Points: 
  • On 15 April, the Government of Cape Verde filed two motions praying the ECOWAS Court to set aside the Judgment.
  • Ambassador Saabs family would like to express its gratitude to the Honourable ECOWAS Court for its steadfast application of law and asks that the Republic of Cape Verde abide by its international obligations and immediately release Alex Saab and end the vindictive extradition process against him.
  • The Defence Team now calls upon the competent authorities of Cape Verde to comply with the ECOWAS Courts decision, immediately release Alex Saab and end the politically motivated extradition.
  • Dr Jose Manuel Pinto Monteiro, Alex Saabs lead Cape Verde attorney, commented, Cape Verde is known as a nation which respects its international obligations and the rule of law.