Chapter One: Introduction

1.0 Introduction

1.1 Background to the Study

The study of the history of African women has gained significant momentum and has emerged as a rapidly growing area of research. This surge in interest is, in part, attributed to the global feminist movement and its role in motivating research in various domains of women’s history. Similarly, African women’s history has seen an increase in scholarly attention, in parallel with the broader expansion of African history following World War II. Until the 1970s, there was limited research explicitly focused on African women’s history; however, information about women in Africa was available in anthropological and ethnographic studies. This trend continued with a substantial portion of research on African women being found within development studies. During the 1970s, the first publications addressed issues such as women’s role in economic change and their participation as political activists. By the mid-1980s, significant extended studies began to emerge, and the 1990s saw a notable increase in monographs dedicated to specific topics. While extensive research is published in journal articles and anthologies, the study of earlier historical periods was initially overlooked, primarily due to the scarcity of historical sources that predate the nineteenth century. Written materials about earlier eras, especially from the perspective of African women, were scarce, given the non-literate and decentralized nature of many African communities. Exceptions existed, such as elite women like Queen Nzinga, a seventeenth-century ruler in what is now Angola, and records of market women along the West African coast who interacted with European traders. Additionally, historical documentation from Egypt provided extensive source materials related to women in earlier centuries. Archival sources have primarily informed studies of slave women in the nineteenth century, a crucial issue but not reflective of the experiences of most African women. Moreover, slaves within Africa were disproportionately women, reflecting their significant contributions to their communities in both productive and reproductive roles. Scholars have also uncovered information related to other aspects of women’s lives in the nineteenth century. Research has delved into topics such as women’s work in Lesotho, elite women in Uganda, women’s vulnerability in Central Africa, Swahili women’s spirit possession cults, the political influence of Asante queen mothers, religious Muslim women in West Africa, and various other specific areas of women’s activities. In light of the marginalization of women’s rights and human rights generally, the international recognition of women’s rights became prominent.

Recognizing that women’s rights were often marginalized within the context of human rights, a meeting organized by the Women in Law and Development in Africa (WILDAF) in March 1995, in Lome, Togo, called for the development of a specific protocol addressing the rights of women under the African Charter on Human and Peoples’ Rights. The Organization of African Unity (OAU) assembly mandated the African Commission on Human and Peoples’ Rights (ACHPR) to develop such a protocol in Addis Ababa. An expert group, comprising members of the ACHPR, representatives from African NGOs, and international observers, produced the first draft, which was submitted to the ACHPR at its 22nd Session in October 1997. The draft was circulated to other NGOs for comments. Further revision took place at sessions from October to January, and in April 1998, during the 23rd session of the ACHPR, the Special Reporter on Women’s Rights in Africa was appointed and mandated to work toward the adoption of the draft protocol on women’s rights. The OAU Secretariat received the completed draft in 1999, and in 2000, the document was combined with the Draft Convention on Traditional Practices in a joint session of the Inter-Africa Committee and the ACHPR. Despite some progress through experts’ meetings and conferences in 2001, the process stalled, and the protocol was not presented at the inaugural summit of the African Union (AU) in 2002. However, in early 2003, women’s groups organized a campaign to lobby the AU to adopt the protocol. The text was brought in line with international standards, and the lobbying efforts succeeded, leading to the official adoption of the document by the AU on July 11, 2003.

1.2 Statement of the Problem

The challenge lies in the Maputo Protocol’s attempt to legalize practices that run counter to both traditional and Christian ethics, despite the consensus that Female Genital Mutilation should be eradicated. The Protocol advocates for total abortion legalization, akin to the American case of Roe v. Wade, which invalidated a nineteenth-century Texas statute prohibiting abortion except to save the life of the mother. The Protocol’s language, as typically interpreted by international jurists and Western courts, would legalize any abortion for any woman at any stage of pregnancy, even in the ninth month. The Protocol aims to abolish all effective restrictions on abortion. It also requires governments to promote policies that some, including Catholics, consider immoral. This aspect of the Protocol contradicts the Universal Declaration of Human Rights (UDHR), which states that “all human beings are born free and equal in dignity; they are endowed with reason and conscience and should be treated in a spirit of brotherhood.” The Protocol raises issues related to property rights, a domain traditionally reserved for men according to African cultures. This is exemplified by the case of Mary Rono v. Jane Rono and William Rono, in which 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. In contrast to traditional laws and customs, the court ruled that daughters should have equal shares in their father’s property. This decision marked significant progress for women’s rights in Kenya, particularly in an area that had been highly contentious.

1.3 Research Questions

This research aims to address the following questions:

1. What is the Maputo Protocol, and what issues does it address?
2. What are the effects of the Maputo Protocol, and what criticisms surround its applicability in Cameroon?

1.4 Aims and Objectives of Research

1.4.1 General Objectives

This research endeavors to examine the effects of the Maputo Protocol on women in Cameroon. It will explore public opinions concerning the signing and ratification of the document by Cameroon, along with examining the emergence of certain practices such as homosexuality and the sale of embryos. The research aims to clarify doubts surrounding the morality of these practices.

1.4.2 Specific Objectives

Specifically, the research will assess the Protocol’s shortcomings in the African context, particularly by examining criticisms directed at specific articles. The research will focus on the contentious issue of forcing abortion on every African country. Additionally, the study will consider practices such as Female Genital Mutilation and offer potential solutions.

1.5 Methodology

This research will utilize a combination of empirical and doctrinal research methods, primarily through qualitative analysis. The primary sources for data collection will include case studies, statutes, journals, articles, and textbooks related to the Protocol. Secondary sources will encompass law reports, internet sources, and findings from law reform commissions.

1.6 Scope

This research will primarily focus on the effectiveness of the Maputo Protocol in Africa, with a specific emphasis on its impact in Cameroon. It will cover issues such as abortion, Female Genital Mutilation, women’s involvement in politics, and practices that may be seen as conflicting with African ethics, including homosexuality.

1.7 Justification of Study

This research is motivated by the historical marginalization of women’s rights, and the more recent strides towards the acquisition of women’s rights. It seeks to explore the methods through which such acquisition occurs, including practices that may be viewed as both ethical and immoral, such as abortion and homosexuality. The research aims to provide clarity on these issues and evaluate their implications.