The Maputo Protocol sets out women’s rights in broad terms. The African Commission’s General Comments explain what those rights mean in practice and what States must do to meet them. RFLD’s manual, Reporting on the Maputo Protocol: a manual for shadow reports, treats them as essential tools for shadow reporters.
What a General Comment is
A General Comment is an authoritative interpretation of a treaty provision, adopted by the body that supervises the treaty. For the Maputo Protocol, that body is the African Commission on Human and Peoples’ Rights. General Comments do not create new rights. They clarify what existing rights require and often set out what States should report on.
For shadow reporters, this is valuable. A State report may claim compliance in general terms. A General Comment sets a detailed standard against which that claim can be measured.
The General Comments that matter most
Several General Comments relate directly to the Maputo Protocol.
General Comment No. 1 interprets Article 14(1)(d) and (e) of the Protocol, on protection against sexually transmitted infections including HIV and the right to know one’s own and one’s partner’s status. It was adopted at the Commission’s 52nd Ordinary Session in Yamoussoukro in October 2012. Paragraph 52 states that State reports “should include consideration of these General Comments.”
General Comment No. 2 interprets Article 14(1)(a), (b), (c) and (f) and Article 14(2)(a) and (c). It covers the right to control fertility, contraception, family planning education and safe abortion. It was adopted at the 55th Ordinary Session in Luanda in 2014. Paragraph 63 states that reports “must take into account this General Comment.”
General Comment No. 6 interprets Article 7(d), on women’s right to property when a marriage ends. It was adopted on 4 March 2020 and launched at the 67th Ordinary Session on 14 November 2020, after a drafting process of six years. It defines the “equitable sharing” of property as substantive equality.
Two Joint General Comments, adopted with the African Committee of Experts on the Rights and Welfare of the Child, also matter. The first, on ending child marriage, relates to Article 6(b) of the Protocol. It was adopted in 2017 and published in March 2018. The second, on female genital mutilation, relates to Article 5. It was launched in November 2023, following Resolution 493 of 2021. It expects States to enact specific laws against female genital mutilation and to fund services.
Mapping General Comments to the clusters
The manual suggests an exercise that links General Comments to the eight thematic clusters of the Maputo Protocol reporting guidelines. Some examples:
- Health and reproductive rights: General Comments No. 1 and No. 2.
- Marriage: General Comment No. 6 and the Joint General Comment on child marriage.
- Protection from violence: the Joint General Comment on female genital mutilation, and General Comment No. 4 on redress for victims of torture, which covers sexual and gender-based violence.
- Right to life, across several clusters: General Comment No. 3 on Article 4 of the African Charter, adopted in 2015.
With this map, a shadow reporter working on a cluster knows which interpretive standards to cite.
Using General Comments in a shadow report
The manual’s approach is simple. When a State report claims progress on a right covered by a General Comment, test the claim against the General Comment’s standard. If General Comment No. 6 defines equitable sharing as substantive equality, a State that applies formal equality in divorce settlements has a gap to explain.
General Comments also strengthen recommendations. A recommendation that cites a paragraph of a General Comment shows the Commission that it is being asked to apply its own interpretation. The manual’s oral statement template includes a “Protocol link” step: the relevant article of the Protocol and, where applicable, a General Comment.
A note on accuracy
The manual is careful about sources. Only one General Comment interprets Article 7(d): General Comment No. 6 of 2020. Authors should check the number and year of any General Comment they cite against the Commission’s own website. Small errors weaken credibility.
More General Comments on the way
The Commission continues to develop new General Comments. Resolution 586 of 2024 launched work on a General Comment on the right to development. Resolution 633 of 2025 launched work on the right to a healthy environment, and the Commission issued a call for inputs in May 2026. Shadow reporters should watch for new texts, since they may apply during the life of the manual.
Standards make the difference
General Comments turn broad rights into specific obligations. For women’s organisations, they are a way to show Commissioners exactly where a State falls short, using the Commission’s own words. That makes them one of the strongest tools in a shadow report.
For the legal position in each country, RFLD’s country law profiles can be read alongside the General Comments.
About the report
This article draws on RFLD’s report Reporting on the Maputo Protocol: a manual for shadow reports, published on 4 October 2026. Read the summary, download the English edition or the French edition.
