ABSTRACT

This dissertation is grounded in a legal examination of the Maputo Protocol. It commences with a comprehensive overview of the protocol, subsequently delving into the repercussions of Cameroon’s ratification of this protocol. The study assesses both the positive and negative effects of the Maputo Protocol on women’s rights in Cameroon. It also encompasses the criticisms voiced against Cameroon’s ratification of the Maputo Protocol.This research employs a methodology that combines empirical and doctrinal approaches. One significant revelation during the course of this study is that many women in Cameroon remain unaware of the existence of the Maputo Protocol and consequently lack awareness of its significance. This extensive essay concludes with a set of potential recommendations to address the issues surrounding Cameroon’s ratification of the Maputo Protocol.

CHAPTER ONE

1.1. Historical Context

The study of African women’s history has evolved into a critical and steadily expanding field of research, driven, like other facets of women’s history, by the growth of the international feminist movement. African women’s history has developed in parallel with the broader expansion of African history, especially following World War II, as scholars from both within and outside of Africa started examining historical transformations across the continent. Up until the 1970s, there was a dearth of dedicated research on the history of African women per se, though snippets of information about women in Africa could be gleaned from anthropological and ethnographic studies. This focus on women’s history within the context of development studies continued as research in the 1970s began to address women’s roles in economic changes and their engagement as political activists. By the mid-1980s, several important extended studies emerged, but it wasn’t until the 1990s that a significant number of monographs focusing on specific topics began to surface, although much of the new research still appears primarily in journal articles and anthologies. Earlier historical periods were initially neglected, primarily because of the challenge in acquiring historical sources that delved into women’s lives before the nineteenth century. Written materials from earlier eras, especially those from the perspective of African women, were scarce. This scarcity can be attributed to the decentralized and non-literate nature of many African communities. Nevertheless, some archival sources shed light on the history of elite women, such as Queen Nzinga, a seventeenth-century ruler in what is now Angola, or market women along the West African coast who interacted with European traders. Archival documents also mention figures like Eva, a seventeenth-century African woman who settled in the early Dutch community at the Cape in South Africa and married a European colonist. Egypt, notably, has an abundance of sources about women in earlier centuries. The availability of sources played a significant role in the considerable number of studies on slave women in the 19th century, which, while crucial, didn’t encompass the experiences of most women in Africa. Slavery within Africa predominantly involved women, as their productive and reproductive contributions were essential to their communities. Scholars have since uncovered information regarding various aspects of women’s lives in the 19th century, evident in research that delved into women’s labor in Lesotho, elite women in Uganda, the vulnerability of women in Central Africa, the spirit possession cults of Swahili women, the political influence of Asante queen mothers, the role of religious Muslim women in West Africa, and numerous other specific areas of women’s activities. This history of women, coupled with the marginalization of women’s rights, led to international recognition of women’s rights.

 While there is unanimous opposition to Female Genital Mutilation among decent, educated individuals, the challenge lies in the efforts made by the Maputo Protocol to legitimize certain practices that contradict traditional and Christian ethics. The Protocol calls for the complete legalization of abortion, similar to the American case of Roe v. Wade, where a 19th-century Texas statute restricting abortion except when necessary to preserve the mother’s life was invalidated by the courts. This decision was based on the right to privacy secured by the Due Process clause of the Fourteenth Amendment, which included the fundamental right to decide whether to proceed with a pregnancy. This ruling, with a 7-2 majority, raises concerns as the Protocol could potentially legalize abortion at any point during pregnancy, even in the ninth month. The Protocol also calls on governments to promote policies that some, including Catholics and others, may find morally objectionable. This aspect of the Protocol appears to contradict the Universal Declaration of Human Rights (UDHR), which emphasizes the equal treatment of all human beings with respect to their dignity, reason, and conscience, and calls for a spirit of brotherhood. Additionally, the Protocol raises questions regarding property rights, which, according to African cultures, are traditionally reserved for men. A notable case in this regard is Mary Rono v. Jane Rono and William Rono. In this case, the Court of Appeal directly applied Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to justify awarding daughters of polygamous men rights over their father’s intestate property and equal shares in it. The decision challenged customary laws that were discriminatory against the plaintiffs and inconsistent with the spirit of CEDAW. This landmark decision broke new ground for women’s rights in Kenya, particularly in an area marked by historical contention. These issues associated with the Maputo Protocol warrant a thorough examination and discussion.