Does Africa need a regional treaty on violence against women? A comparative analysis of normative standards in three regional human rights systems

• Jurisdiction: South Africa
• Citation: 2020 Acta Juridica 197
• Published date: 14 September 2020
• Date: 14 September 2020
• Pages: 197-226

197

Does Africa need a regional treaty on

violence against women? A comparative

analysis of normative standards in three

regional human rights systems

RASHIDA MANJOO* and RUTH NEKUR A†

This ar ticle considers the ut ility of a speci c treaty on violence a gainst

women (VAW) in Africa in line with relevant binding regional

frameworks in the Inter-America n and Europea n human r ights

systems. It situates the d iscussion on VAW within a hum an rights

analysis, applying a critical lens to existing normative f rameworks

and monitoring mechan isms. The article oer s a comparative

perspective through an overview of the leg ally bi nding provisions

and implementing mechan isms in three huma n rights systems, the

African, European and Inter-America n systems. It is argued that

while the Protocol on the Rights of Women in Afr ica (the Maputo

Protocol) has provisions on the el imin ation of VAW, the Protocol’s

weaknesses invite us to consider a specic VAW treaty for A frica, as

an opportu nity for st rengthen ing the reg ional hum an rights system.

I IN TRODUCTION

On 9 Februar y 2020, South African President Cyril Ramaphosa

assumed the chair of the African Union (AU) for 2020.1 In his

acceptance statement he noted that ‘Violence against women

continues to rage on our continent. We will make the adoption

of a AU Convention on Violence Against Women a priority, and for

* P rofessor of P ublic Law at the Un iversit y of Cape Town, former U N

Special R apporteur on Violence aga inst Women, its Causes and Consequences.

† Ph D (UCT); human rig hts and gender equal ity consultant, Ke nya.

1 T he chair person of the AU is s elected by the A ssembly fol lowing

consulta tions by member states. T he oce of the chair of the AU is held for

a period for one yea r by a head of stat e or government. Cyri l Ramaphos a,

President of South Afr ica, is the ch air of the AU As sembly for the per iod

Februar y 2020 to Februar y 2021.

2020 Acta Juridica 197

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198 VIOLENCE AGAI NST WOMEN

member states to ratify international protocols that outlaw gender

di scr i m ina t io n.’ 2

For some human rights law scholars and practitioners, the call

for a specic regiona l treaty on violence agai nst women (VAW) for

Africa might seem unnecessar y, given that the AU Protocol to the

African Charter on Human and Peoples’ Rights on the Rights of

Women in Africa (the Maputo Protocol) incorporates provisions

on the elimination of all forms of VAW.3 Nonetheless, this article

indulges the call of the AU chair and considers the utility of a

specic VAW treaty for Africa in light of the two existing binding

regional frameworks relevant to the right of women to be free

from violence. These are the European Convention on Preventing

and Combating Violence against Women and Domestic Violence

(the Istan bul Convention)4 and the Inte r-American Convention on

the Prevention, Punishment, and Eradication of Violence against

Women (the Belém do Pará Convention).5

The article situates discussions on VAW within a human rights

analysis, which requires the application of a cr itical lens to both

existing normative frameworks and monitoring mechanisms. In

order to do so, the article provides an overview of the norms

and standards, and the implementing mechanisms relevant to the

right of women to be free from violence, as found in the African,

European and Inter-American regional human rights systems.

It is argued th at, although the Maputo Protocol is acknowled ged

as a ground-breaking women’s rights instrument that broadly

2 Acceptance st atement by Cyr il Ra maphosa on assumi ng the chai r of the

AU at the 33rd session of t he AU Assembly, 9 Febru ary 2 020. Addi s Ababa,

Ethiopia (emph asis adde d).

3 A fric an Union (AU) Protoc ol to the Afric an Charter o n Human and Peop les’

Rights on the R ights of Women in Afri ca, adopted by t he 2nd Ordinary Se ssion

of the Assem bly of the Union in M aputo, Mozam bique on 11 July 2003 a nd

entered into fo rce on 25 November 20 05. Art icle 4 enshr ines the rights to l ife,

integr ity and securit y of the person, and other prov isions – notably art 5 on t he

elimi nation of harmf ul cultura l practices, art 3 on t he right to dign ity and art 2

on the elim ination of gender-ba sed discrimi nation – reinforce stat e obligat ions

to end gender- based violence and disc rimination.

4 C ouncil of Eu rope The Counc il of Europe Conv ention on Prev enting and

Combating Viol ence against Women a nd Domestic V iolence CET S 210 (November

2014 ).

5 O rgan ization of A merica n States (OAS) Inter-American Convention on the

Prevention, P unishment an d Eradication of V iolence agai nst Women (Convention of

Belém do Pará) 3301 U ST 27 (9 June 1994); 1438 UNTS 63.

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