Posted on May 15, 2019
The Women's Rights Unit of the Centre for Human Rights, University of Pretoria, in collaboration with the Ministry of Gender Equality, Child Development and Family Welfare, Mauritius, organised and facilitated a national meeting on state reporting on the African Charter on Human and Peoples’ Rights (African Charter) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) for Mauritius. The workshop took place at the Holiday Inn Hotel in Port Louis, Mauritius from 6 to 9 May 2019.
The main objective of the workshop was to strengthen the capacity of representatives of governments, human rights associations and civil society into draft reports to the African Commission. Mauritius ratified the Maputo Protocol with some reservations in June 2017 and is expected to fulfil its reporting obligations under Article 26 (1) of the Maputo Protocol.
A core group of ten participants attended the workshop. They came from the Ministry of Gender Equality, Child Development and Family Welfare in its various departments, National Human Rights Commission, University of Mauritius and civil society working on women’s rights.
The Centre was represented by Ms Patience Mpani, Ms Oluwatomi Sode, Ms Annie M. Bipendu and Prof Michelo Hansungule. Mr Amar Roopanand Mahadew, a senior lecturer at the University of Mauritius and alumnus of the Centre co-facilitated the workshop.
Presentations were made on a number of topics related to the regional human rights system and its treaties and in particular the African Charter and its Protocols. During this presentation, special emphasis was placed on the substantive provisions, principles, themes, guidelines and safeguards of the African Charter and the Maputo Protocol. Speakers led the participants in analysing the country’s legal framework on human rights by reviewing the provisions of the internal legal system in comparison with the provisions of the treaties.
Local issues related to the realisation of rights, especially of women such as adolescent sexual and reproductive health, child marriages and gender-based violence were discussed. The participants helped to raise some important issues and gaps, such as the duality of the Mauritius legal system (Common Law and Civil Law) which has influenced the Constitution. This was particularly beneficial as it allowed participants to understand better the human rights system and international law, specifically the African Charter and the Maputo Protocol and the State’s responsibility towards the treaty it ratified.
The presentations on the second day focused on the principles of equality and non-discrimination in the African Charter and Maputo Protocol in relation to the situation of women in Mauritius.
An overview of the state party reporting process in Africa and the reporting guidelines issued by the African Commission were also presented and participants were taught the art of state party report drafting, writing and researching. The purpose of this session was to engage participants in evaluating and sharing local reporting and writing practices to better identify gaps and good practices and to provide insight into the process as outlined in the guidelines.
The third day was devoted to a drafting exercise of a state report in which participants were asked to begin the process of drafting and compiling useful information for their ‘state’ report to a ’theoretical/ moot’ sitting of experts of the African Commission.
At the beginning of the workshop, delegates had different expectations. These included the need to increase knowledge on the content of the Maputo Protocol, which is less known than the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), and to know the procedures and guidelines for reporting to the African Commission.
Some of the delegates were part of the drafting committee on different treaties in the past including the African Children’s Charter and CEDAW. Other delegates welcomed the workshop because it was the first time that they were being introduced to state reporting and this would be useful in their work of drafting and implementing policies. Delegates expressed their full satisfaction and confidence to start working on a draft state report.
The Centre is committed in supporting the drafting process by providing Mauritius with a technical expert to work closely with the trained core group to draft the state report.
Patience M Mpani
Project Manager: Women’s Right Unit
Tel: +27 (0)12 420 4525
Fax: +27 0) 86 580 5743
[email protected]
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