In 2025 and 2026 the African Commission on Human and Peoples’ Rights set out a structured plan to get reservations to the Maputo Protocol withdrawn. RFLD’s report Lifting the Reservations: nine country briefs on the Maputo Protocol builds directly on that plan. This article explains where it came from and what it asks of each body in the African human rights system.
From resolution to framework
In March 2025 the African Commission adopted Resolution 632 on the need to raise awareness for States to withdraw reservations on some provisions of the Maputo Protocol. It asked the Special Rapporteur on the Rights of Women in Africa to draft an advocacy framework for the withdrawal of reservations.
The Commission adopted the resulting Advocacy Framework for Withdrawing Reservations at its 86th Ordinary Session, held from 23 February to 9 March 2026. The framework sets out the legal basis for the Commission’s role and proposes strategies for each actor. It notes that neither the Protocol nor the African Charter contains a provision on reservations, so the general rules of the Vienna Convention on the Law of Treaties apply.
The Commission’s own competence
A key statement in the framework concerns the Commission’s authority. It “considers that it has competence, in accordance with its mandate, to assess and pronounce its views on the validity of a reservation”. The report notes that the Commission can do this through concluding observations and resolutions, as well as through general comments or advisory opinions.
What it asks of the African Commission
The framework gives the Commission a broad set of tasks. Among them:
- call for withdrawal regularly in concluding observations, using the reporting procedure under the Charter and the Protocol
- raise reservations during promotion missions to States
- adopt country resolutions for severe reservations, and thematic resolutions on the articles most often reserved
- identify the “core” provisions that cannot be reserved
- praise States that withdraw reservations, and name those that do not
- consider a general comment, alone or jointly with the African Committee of Experts on the Rights and Welfare of the Child
- seek an advisory opinion from the African Court where useful
What it asks of the Special Rapporteur
The Special Rapporteur on the Rights of Women in Africa is asked to lead country campaigns and advocacy missions, and to support government bodies drafting withdrawal measures. The framework also asks the mandate to carry out impact studies with national human rights institutions and civil society, and to work jointly with the ACERWC and UN Special Procedures.
What it asks of the ACERWC and the African Court
The African Committee of Experts on the Rights and Welfare of the Child is asked to address reservations to the African Children’s Charter. It is invited to work with the Commission on a joint general comment, and to undertake joint missions on child marriage.
The African Court on Human and Peoples’ Rights is asked to rule on reservations when cases arise, and to issue advisory opinions on their validity when requested.
What it asks of States
For States, the framework recommends ratifying without reservations, and preferring an interpretive declaration where a concern remains. Where a reservation seems unavoidable, it should be explicitly interim. States are asked to set up withdrawal processes involving parliament and the public, and to review other States’ reservations and object to those that are incompatible with the Protocol. The framework also warns against reservations that are “general and vague” or that invoke domestic law.
Where RFLD’s briefs fit
The framework also contains chapters on other AU organs, the Pan-African Parliament, regional economic communities, national human rights institutions and civil society. RFLD’s briefs summarise the chapters on States, the Commission, the Special Rapporteur, the ACERWC and the African Court. The roles they propose for national human rights institutions and civil society are RFLD’s own proposals.
The briefs translate the framework into country-level action, with questions for dialogue and concrete asks. RFLD is sharing them with the Special Rapporteur and with the Country Rapporteur Commissioners for the nine States. The report summary gives an overview.
About the report
This article draws on RFLD’s report Lifting the Reservations: nine country briefs on the Maputo Protocol, published on 4 October 2026. Read the summary, download the English edition or the French edition.
