Book Review: The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: A Commentary, edited by Prof. Annika Rudman, Dr. Celestine Nyamu Musembi, and Prof. Trésor Muhindo Makunya, Pretoria, Pretoria University Law Press (9781920538985), 2023, 574 pp.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: A Commentary, edited by Prof. Annika Rudman, Dr. Celestine Nyamu Musembi, and Prof. Trésor Muhindo Makunya, is an edited book that comes at a critical occasion – it is not only a celebration of over the 20 years since the adoption of the Protocol, but also a timely reflection in the face of renewed threats to women’s rights across the continent and globe. It also comes at a time where the fundamental rights of all people, particularly women, are increasingly being questioned, undermined, and disregarded – often more openly and forcefully than before, as we witness the growing erosion of accountability mechanisms. In this context, the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (hereinafter referred to as the Maputo Protocol) stands as both an ideal and a test for state parties to aspire to.
One of the most compelling aspects of this commentary is the way it brings the story of the Maputo Protocol to life. It prompts us to ask: How do we close the gap between what is promised on paper and what is practiced on the ground? How do we ensure that legal instruments with such transformative potential are not only ratified, but fully implemented in ways that improve the lives of African women?
The commentary offers a powerful response in its structure and methodology: retracing our steps. In retracing the development of the Maputo Protocol, the contributors remind us that these instruments did not emerge in a vacuum. They emerged from complex negotiations, historical tensions, and critical debates. Among these debates: Should women’s rights be embedded within general human rights frameworks, or articulated in stand-alone treaties? What does it mean to centre African values, and whose values are those?
The book excels in navigating these tensions, offering rich historical context of the processes leading to the development of the Protocol. By situating the Maputo Protocol within the broader landscape of international human rights instruments such as the Convention on the Elimination of Discrimination Against Women (CEDAW), the book highlights the ways it extends from the African Charter on Human and Peoples’ Rights (ACHPR) itself in protecting specifically women. In doing so, the book humanises the process of legal development by showing that laws are not static, but alive, contested, and shaped by the people who demand and defend them.
A key strength of the book is its attention to the many dimensions of womanhood in Africa, including specific, diverse lived realities. Just like the Maputo Protocol itself, the commentary does not treat African women as homogeneous, but it recognises from its opening chapters how multiple, overlapping identities—such as age, disability, marital status, rural or urban location—impact women’s experiences of discrimination and access to rights. This multidimensional approach strengthens our understanding of how the Protocol must be applied in both principle and practice.
Moreover, the commentary brings together scholars and practitioners from across the continent and from across academic disciplines, offering rich perspectives and analysis. This is one of the key strengths of the publication, as it makes the commentary more accessible to a wide audience: legal scholars, yes, but also policymakers, civil society actors, students of human rights, and African governance.
In terms of structure, the article-by-article analysis of the commentary gives it both clarity and depth. It allows readers to grapple with each provision—its intentions, its challenges, and its potential. Importantly, the contributors also highlight the implementation gaps of the Protocol, while underscoring the strides it has made in transforming the legal systems of countries where it has been adopted by state parties. Unfortunately for many state parties, ratification has not translated into domestic reforms. The commentary therefore becomes a tool not only of reflection, but also of accountability for these state parties.
Another important contribution is how the book helps us to see the Protocol in motion—as a living document that continues to shape, and be shaped by, current realities. In today’s context—where environmental crises, armed conflict, and political instability disproportionately affect women—the relevance of the Maputo Protocol cannot be overstated.
The commentary importantly tells the story of the Maputo Protocol, embracing the storied nature of all legal systems, which so often are stripped of narrative and context in many such commentaries. The Maputo Protocol is not simply a legal text—it reflects movements, memories, and futures imagined by African women and their allies who supported the development of the Protocol.
Some of the questions the book raises—explicitly and implicitly—that could guide future research and dialogue:
- How can we ensure that the language of the Maputo Protocol is not lost in translation, when it is applied across diverse legal and cultural systems on the continent?
- What role could civil society, in its diversity, play in reinvigorating the implementation of the Maputo Protocol?
- What tools can scholars and practitioners develop together to ensure the Protocol continues to evolve, and responds to new threats on the continent and in the global order?
This commentary begins to answer these questions and is a valuable resource in helping us to think about the Maputo Protocol from diverse perspectives. It is both academically rigorous and politically engaged. It captures the complexity of African women’s rights and struggles, while offering practical insights and hope for the Protocol’s full adoption on the continent. It is a resource for teaching, for advocacy, and for reimagining the possibilities for regional human rights frameworks.
References
Rudman, A., Musembi, C.N. and Makunya, T.M., 2023. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: A Commentary. Pretoria University Law Press.
