CHRISTIANA ESSIE SAGAY

On July 11, 2003, at the 2nd ordinary session of the Assembly of the African Union in Maputo, Mozambique, the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, known simply as the Maputo Protocol[1], was born. The Maputo Protocol was born out of a profound need to address all the nuances of gender-based discrimination and violations encountered by African women. The Maputo protocol, therefore, holds considerable significance for African women, as it provides the roadmap and the foundation upon which to progressively build on the economic, civil, and social rights of African women. Over the past twenty years, since its inception in 2003, the Maputo Protocol has contributed to and continues to advance and protect women's human rights in Africa. This enhanced legal framework significantly contributes to challenging stereotypes about women in the African society.[2] In this way, the Maputo Protocols place women on an equal footing with men in the development of their communities. By providing a regional framework that models the inclusion of women in meaningful societal roles, the Maputo Protocol establishes not just a legal but also a moral obligation on member states of the African Union to advance laws and policies that dismantle systemic barriers and discrimination faced by women. It goes beyond mere lip service by recognizing women's rights and addressing the critical social, economic, and civil issues they face. One strength of the protocol is the promise it holds when effectively implemented in empowering women toward achieving progressive transnational labour mobility rights.[3]

As transnational labour movements evolve, notably with the feminization of migration,[4] an increasing number of African women are seeking work opportunities across borders within the African continent.[5] While acknowledging the role the Maputo protocol has played in the progression of feminization of migration propelled by agency, it is also the case that socio-economic understanding of gendered roles and norms continue to influence the way African women enter and negotiate with the labour market, especially with respect to transnational labour mobility. This progression underscores the necessity for targeted interventions that address the unique obstacles experienced by female migrant workers. In this regard, the Maputo Protocol, serving as a framework for advancing women’s rights, holds the promise of effectively tackling gender-specific issues within the realm of labour mobility by challenging deep-rooted stereotypes that have historically and do continue to hinder women's full participation in the labour market and or influence their point of entry into the labour market or the way they negotiate their way around. These provisions lay the groundwork for dismantling the barriers restricting women's choices and opportunities, fostering a more egalitarian labour mobility landscape – one that African women moving across borders could seek to enforce.

For example, the innovative corpus of the Maputo Protocol extends across various dimensions, naming a range of contextual socio-economic realities and the inequalities they embody. It is therefore not surprising that the Maputo protocol is hallowed for expanding the “protective scope of women’s rights by addressing”[6] a far greater range of women’s rights steeped in the socio-cultural reality of the African continent.[7] For instance, while the unrecognized and unaccounted economic value of care work within the home often bore by women has surfaced in the discus in several substantive areas including in economics[8] and legal academia[9] in surfacing inequities in gender relations, the Maputo Protocol moves a notch up to naming while also encouraging states to adopt and enforce measure that “recognize the economic value of work of women in the home.”[10] The Protocol also advocating for social insurance,[11] and support for women in the informal sectors,[12] such as street vendors, domestic workers, subsistence farmers and agriculture workers which make up to 89% of the total workforce[13] in Africa, thereby acknowledging the realities of labour patterns among African women, even as they move across borders, pushing for inclusive policies and legislation armed with this reality. Furthermore, it emphasizes gender-responsive approaches to mitigate specific risks and hurdles women face, such as those that attach to paid pre- and post-natal leave.[14] Put together; these measures create a bundle of progressive labour mobility rights that women on the move can seek to enforce and rely on as they move for work across borders on the African continent. This becomes particularly important across state borders, where migrant workers may not have the opportunity to rely on family as they would in their home country. 

In the context of transnational movements, the idea that migrants experience exacerbated scales of vulnerabilities[15] has seen increased attention in law and policy debate regarding movement for various reasons, including for work. The Maputo Protocol also lends itself to addressing multiple scales of vulnerabilities that women might face in transnational labour movements, for instance, in recruitment. The Maputo Protocol incorporates by broad reference international conventions that seek to protect the rights of women migrating for work within and outside Africa.[16]These provisions within the protocol have the potential to empower women to pursue opportunities beyond geographical boundaries without the fear of discrimination or unequal treatment. This shift benefits individual women and contributes to the overall socio-economic growth of the African woman.

In its framing, the Maputo Protocol is a “critical and copious regional instrument that advances women’s rights in Africa,”[17] in one way, the Maputo Protocol is a testament to Africa’s commitment to elevate women's status and challenge systemic gender-based discrimination. It has and continues to propel the development of labour laws, policies, and institutional mechanisms at regional and national levels to advance the discourse and participation of women in labour economies within and across borders. Undoubtedly, its innovative provisions demonstrate a forward-thinking approach that recognizes women's agency and contribution to the workforce. While celebrating the progress made, it is also crucial to recognize the road ahead—full implementation and widespread awareness will be pivotal in ensuring that the Maputo Protocol continues to serve as a beacon of hope and change for women across the African continent - even as they move across borders for work.

This is an edited and updated version of an earlier piece titled 'The Maputo Protocol: Empowering African Women Through Progressive Labour Mobility Rights,' published in the Newsletter of the African Union Special Rapporteur on Women and People Rights, Issue 13 in October 2023.