Debates on reservations to the Maputo Protocol use the language of treaty law. That language can keep people out of a conversation that concerns them directly. RFLD’s report Lifting the Reservations: nine country briefs on the Maputo Protocol ends with a glossary of the key terms. This article reproduces those definitions and adds a short note on how each term is used in practice.
Reservation
“A unilateral statement by which a State excludes or modifies the legal effect of certain provisions of a treaty in their application to that State.” Nine States Parties to the Maputo Protocol still hold reservations or declarations: Algeria, Cameroon, Ethiopia, Kenya, Mauritius, Namibia, the Sahrawi Arab Democratic Republic, South Africa and Uganda.
Interpretive declaration
“A statement by which a State explains how it understands a provision. If it changes the legal effect of the provision, it operates as a reservation.” The African Commission applies the test of the UN Human Rights Committee to decide which is which. Cameroon’s general declaration is the clearest case in the report.
Interim reservation
“A reservation that the State itself presents as temporary, linked to a reform.” Namibia’s reservation to Article 6(d) on the registration of marriages is an example. Its withdrawal depends on legislation on the registration of customary marriages.
Withdrawal
“The written notification by which a State ends a reservation. It does not require the consent of other States.” Withdrawals have happened before. The Gambia withdrew reservations in 2006 and Rwanda in 2012. The most recent is Mauritius, which withdrew its reservation to Article 6(b) on 10 April 2023.
Depositary
“The authority that keeps the original treaty and receives notifications. For the Maputo Protocol, it is the Chairperson of the African Union Commission.” A withdrawal takes effect when the depositary receives the notification. The depositary also holds the full text of each reservation, which advocates are encouraged to obtain. Any withdrawal can then be verified on the African Union treaty page.
Object and purpose
“The essential aim of a treaty. A reservation incompatible with it is not permitted.” This rule comes from Article 19(c) of the Vienna Convention on the Law of Treaties. The report describes the object and purpose of the Maputo Protocol as the elimination of discrimination against women and the guarantee of their rights.
Concluding observations
“The recommendations adopted by the African Commission after it examines a State report.” They are a key lever for advocates. In 2022, for example, the Commission’s concluding observations asked Kenya to withdraw its reservation to Article 14(2)(c). In March 2024 the Commission asked Uganda to consider lifting its reservations on Articles 14 and 21.
Country Rapporteur Commissioner
“The member of the African Commission responsible for following a given State.” Several country briefs ask civil society to brief the Country Rapporteur Commissioner before the State’s report is examined. RFLD is sharing the briefs with the Country Rapporteur Commissioners for all nine States.
Shadow report
“A report submitted by civil society to a treaty body to complement or challenge the State report.” The report’s toolkit includes a model shadow report paragraph on reservations. RFLD’s manual on shadow reports under the Maputo Protocol explains how to prepare a full submission.
Other terms worth knowing
Two provisions of the Protocol come up often in the briefs. Article 31 provides that more favourable national provisions prevail, which makes “protective” reservations unnecessary. Article 26 of the Protocol, together with Article 62 of the African Charter, sets out the State reporting procedure through which the Commission can raise reservations.
The report also uses a handful of abbreviations:
- ACHPR: African Commission on Human and Peoples’ Rights
- ACERWC: African Committee of Experts on the Rights and Welfare of the Child
- AU: African Union
- NHRI: national human rights institution
- SADR: Sahrawi Arab Democratic Republic
- VCLT: Vienna Convention on the Law of Treaties
Plain definitions make it easier for more people to take part in the conversation on reservations. They help women’s organisations, parliamentarians, journalists and staff of national institutions to follow a debate conducted largely in legal terms, and to ask precise questions of their governments.
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.
