1. The African Women’s
Protocol:
Act now to support women’s reproductive
rights and roll back HIV
ISSUE BRIEF JUNE 2010 – SADC & DONORS
Achieving the MDGs requires that Reproductive Rights and HIV
women in Africa have universal access
to reproductive health care Reproductive rights and HIV and AIDS are
fundamentally linked. The UNAIDS Outcome
Framework 2009-2011 reinforces the critical link
I n 2010 the international community will come
together twice. First to review how countries are between human and women’s rights, especially
reproductive rights, as a key component of an effective
progressing towards the attainment of the Millennium
Development Goals (MDGs) by 2015 and second to response to the epidemic. The Framework recognises
assess whether Universal Access to HIV Prevention, that a significant reduction of HIV infections can only
Treatment, Care and Support have been achieved. be achieved through a “dramatic increase in
Neither meeting will tell a story of success. community, national and global action for sexual and
reproductive health and rights”.
The lack of universal access for women to reproductive
health services is undermining the possibility of Excerpt from the International Conference on
achieving the MDGs in 2015 – particularly MDGs 5 and Population and Development (ICPD) Programme of
6. It is also part and parcel of the failure to secure Action
Universal Access by 2010 and is a major factor in the
“Reproductive rights embrace certain human rights
high burden of HIV and AIDS on the African continent.
that are already recognized in national laws,
Securing women’s access to reproductive rights is a international human rights documents and other
major challenge for 2010 and onwards. Achieving relevant UN consensus documents.
universal access to reproductive rights across Africa is
“These rights rest on the recognition of the basic right
important in and of itself; important in the achievement
of the MDGs and critical to rolling back the HIV and of all couples and individuals to decide freely and
responsibly the number, spacing and timing of their
AIDS epidemic in the regions worst affected.
children and to have the information and means to do
so, and the right to attain the highest standard of
 Achieving the MDGs requires that women in Africa have universal access to reproductive health
care
 The African Women’s Protocol is the continent’s commitment to achieving universal access to
reproductive health care for women, thereby rolling back HIV in Africa
 A requirement to realising the vision of the African Women’s Protocol is that all African
governments ratify, domesticate, and transparently report on it
Health Economics and HIV/AIDS Research Division
University of KwaZulu-Natal, Westville Campus, J block, Level 4, University Rd, Durban, South Africa
Tel: +27 (0)31 260 2592 | Fax: +27 (0)31 260 2587 | heard@ukzn.ac.za | www.heard.org.za

2. sexual and reproductive health. They also include Articles 14 (1 and 2) of the African Women’s Protocol
the right of all to make decisions concerning clearly set out three major components of women’s
reproduction free of discrimination, coercion and reproductive health care:
violence”
 Reproductive and sexual decision making,
Women’s rights, including women’s reproductive rights, including the number and spacing of children,
are central to the ability of women to take control of contraceptive choice and the right to self-
their own health, including their sexual and protection from HIV
reproductive health, and to take actions to avoid HIV-
infection. Women may lack adequate information about  Access to information about HIV and AIDS and
contraceptive choices; HIV prevention strategies such reproductive health
as male and female condoms may be unavailable;
reproductive health services may be weak and under-  Access to reproductive health services,
funded; and comprehensive reproductive and sexual including ante-natal services.
health information may be denied.
Fully implemented, the African Women’s Protocol
In addition, if women become infected with HIV, lack of provides a rights-based framework through which
reproductive rights may prevent them from seeking universal access to reproductive health care for
treatment, care and support. For example, women may women can be achieved. Achieving universal access
be afraid to access programmes to reduce the risk of to reproductive health rights would be a major step
mother-to-child transmission of HIV because of fear of towards rolling back HIV in Africa.
abandonment or violence from their partner.
A requirement to realising the vision of
The African Women’s Protocol is the the African Women’s Protocol is that all
continent’s commitment to achieving African governments ratify, domesticate,
universal access to reproductive health and transparently report on it
care for women, thereby rolling back HIV
in Africa To achieve the promise and vision offered by the
African Women’s Protocol, all African governments
Adopted by the African Union in 2003 and entered into must ratify the Protocol if they have not already done
force on 25 November 2005, The Protocol to the so. The record so far is not impressive (see Table 1).
African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa, (the African Women’s
Protocol) offers a historic vision for women’s
reproductive health rights in Africa. Developed by
African governments, it provides clear guidance on the
duties of African states in relation to women’s
reproductive health rights. In addition, for the first time
in an international treaty, there is specific mention of
HIV and AIDS linked directly to reproductive health
rights.
Health Economics and HIV/AIDS Research Division
Author: Andrew Gibbs, HEARD: gibbs@ukzn.ac.za

3. SADC Country Ratified SADC Country Ratified
Angola Yes Namibia Yes
Botswana No Seychelles Yes
DRC Yes South Africa Yes
Lesotho Yes Swaziland No
Madagascar No Tanzania Yes
Malawi Yes Zambia Yes
Mauritius No Zimbabwe Yes
Mozambique Yes
Table 1: Ratification of the African Women’s Protocol by SADC Countries – see
:http://www.soawr.org/en/auprotocol/article/protocol_watch/ for regular changes to the list
SADC Country Ratified SADC Country Ratified
Ratification is not enough. All African governments All actors need to work with those governments that
Angola No
must also domesticate the African Women’s Protocol Namibia not already ratified the African Yes
have Women’s Protocol
Botswana No
through signing the Protocol into law where necessary, Seychelles Yes
to encourage them to do so. The African Women’s
DRC No
and undertaking a comprehensive review of existing
South Africaoffers a continent-wide vision for women’s
Protocol
Yes
Lesotho Yes
legislation in light of the African Women’s Protocol
Swaziland No
reproductive rights; to enable this to be achieved all
Madagascar
provisions. No Tanzania Yes
governments within SADC need to ratify the Protocol.
Malawi Yes Zambia can work with governments Yes
Actors to identify barriers
Finally all governments need to reportNo
Mauritius transparently Zimbabwe Yes
to ratification and work to resolve these. In so doing
Mozambique Yes
through the framework set out by the African Women’s governments can commit themselves to a progressive
Protocol to enable African Africanand civil society
Table 1: Ratification of the Union Women’s Protocol by SADC Countries
agenda for women’s reproductive rights and rolling
monitoring of governments’ actions in relation to the back the HIV epidemic. The ratification of the African
Protocol. So far, no country that has ratified the African Women’s Protocol will enable countries to move
Women’s Protocol has transparently reported on its towards achieving the MDGs and Universal Access.
obligations to the African Women’s Protocol.
Support all governments in SADC to domesticate and
Responsibilities transparently report on the African Women’s Protocol
The African Women’s Protocol provides an Where countries have ratified the African Women’s
unparalleled opportunity to ensure women’s Protocol, actors can support governments in SADC to
reproductive rights are enshrined in national laws, domesticate and transparently report on their
providing a strong foundation from which to ensure a implementation of the Protocol, by providing technical
rights-based response to the HIV epidemic. There are support and additional funding. Technical support may
three key areas that all actors can focus on to support be needed by governments to review existing
governments in their role of enabling the achievement legislation in light of the African Women’s Protocol and
of the African Women’s Protocol. thereafter develop new legislation. The SADC
Parliamentary Forum’s Model Law on HIV/AIDS in
Work with the governments of Botswana, the Southern Africa offers a progressive framework that
Democratic Republic of Congo, Madagascar, Mauritius could be supported in this regard. Further technical
and Swaziland to enable the ratification of the African support may be needed to support the implementation
Women’s Protocol of women’s reproductive health care, especially where
this would require additional or expanded services. In
Health Economics and HIV/AIDS Research Division
Author: Andrew Gibbs, HEARD: gibbs@ukzn.ac.za

4. addition, technical support may be needed to increase Key resources
the reporting capacity of countries.
Gerntholtz, L. & Grant, C. (2010) A review of
The cost of implementing the provisions of the African international, African and country legal obligations on
Women’s Protocol might necessitate the provision of women’s equality in relation to sexual and reproductive
external funding. Funding reviews of existing laws and health, including HIV&AIDS. HEARD, ARASA: Durban,
the development of new laws to ensure legal South Africa.
confluence between laws and the African Women’s
Protocol may be required. Available: www.heard.org.za
Ensure alignment of programmes and funding to The Protocol of the African Charter on Human and
further the aims of the African Women’s Protocol Peoples’ Rights on the Rights of Women in Africa.
All actors need to ensure that the programmes they Available: www.achpr.org
run and the funding they channel is closely aligned to
the African Women’s Protocol. This may require review Oxfam UK has been working to support the
and action on three key areas of programming and implementation of the African Women’s Protocol
funding: across the continent.
 Reproductive and sexual decision making, www.oxfam.org.uk/resources/learning/gender/program
including the number and spacing of children, meinsights_africa_womens_protocol.html
contraceptive choice and the right to self-
protection from HIV Center for Reproductive Rights (2006) The Protocol on
the Rights of Women in Africa: An Instrument for
 Access to information about HIV and AIDS and Advancing Reproductive and Sexual Rights. Briefing
reproductive health Paper, Center for Reproductive Rights: New York.
 Access to reproductive health services, Available: www.reproductiverights.org
including ante-natal services.
UNAIDS (2000) Joint Action for Results: UNAIDS
Ensuring programmes and funding support the aims of Outcomes Framework 2009-2011. Geneva: UNAIDS.
the African Women’s Protocol is a critical stance that
actors can take to ensure the progressive realisation of SADC PF (2008) Model Law on HIV & AIDS in
women’s reproductive rights. Southern Africa. SADC PF.
Available: www.sadcpf.org/hivaids
Action Points
 Work with the governments of Angola, Botswana, the Democratic Republic of Congo, Madagascar,
Mauritius and Swaziland to enable the ratification of the African Women’s Protocol
 Support all governments in SADC to domesticate and transparently report on the African Women’s
Protocol
 Ensure alignment of programmes and funding to further the aims of the African Women’s Protocol
Health Economics and HIV/AIDS Research Division
Author: Andrew Gibbs, HEARD: gibbs@ukzn.ac.za