African Treaty Establishes Reproductive Rights as Human Rights

Washington DC - December 12, 2005

Just days before the world marked Human Rights Day 2005, a landmark treaty strengthening African women's reproductive rights was enacted. The Protocol to the African Charter on Human and Peoples Rights (ACHPR) on the Rights of Women in Africa took effect on Nov. 25, 2005 – thirty days after Togo became the 15th African country to ratify the treaty, per the guidelines of the protocol. This groundbreaking document – which has 38 signatures and 15 ratifications from 53 member states – was originally adopted by the African Union in July 2003 to supplement the ACHPR. PAI commends Togo and the 14 other African countries for ratifying this important treaty, thereby elevating the status of African women.

The protocol signifies a number of global firsts in the human rights arena. Among them, it is the first international human rights instrument to:

• Explicitly articulate women’s reproductive rights as human rights.
• Guarantee a woman’s right to control her fertility.
• Expressly articulate a woman’s right to abortion in cases of sexual assault, rape, incest, and where a continued pregnancy endangers the physical and mental health of the woman or the life of the woman or fetus.
• Address women’s rights in relation to HIV/AIDS and identify protection from HIV/AIDS as a key component of women’s sexual and reproductive rights.
• Call for the prohibition of female circumcision/female genital mutilation.

Given the current state of reproductive health in sub-Saharan Africa, the importance of this treaty cannot be overstated. In 2000, the region suffered 247,000 maternal deaths – almost half of all maternal deaths worldwide. An alarming 77% of HIV-positive women worldwide reside in the region. Furthermore, it is estimated that 60-80% of all HIV-positive women in sub-Saharan Africa have been infected by their husband or sole partner.

Although the Protocol to the ACHPR on the Rights of Women in Africa only legally applies to the 15 countries that have ratified it to date, the implications of this treaty extend far beyond Africa's shores. By affirming reproductive choice and autonomy as a vital human right, it has taken a monumental step toward the firm inclusion of reproductive rights into the global human rights agenda.Just days before the world marked Human Rights Day 2005, a landmark treaty strengthening African women's reproductive rights was enacted. The Protocol to the African Charter on Human and Peoples Rights (ACHPR) on the Rights of Women in Africa took effect on Nov. 25, 2005 – thirty days after Togo became the 15th African country to ratify the treaty, per the guidelines of the protocol. This groundbreaking document – which has 38 signatures and 15 ratifications from 53 member states – was originally adopted by the African Union in July 2003 to supplement the ACHPR. PAI commends Togo and the 14 other African countries for ratifying this important treaty, thereby elevating the status of African women.

Population Action International (PAI) works to improve individual well-being and preserve global resources by mobilizing political and financial support for population, family planning and reproductive health policies and programs.