Reservations to the Maputo Protocol are often described as fixed. The record says otherwise. Since the Protocol entered into force, States have withdrawn reservations on some of its most debated provisions. RFLD’s report Lifting the Reservations: nine country briefs on the Maputo Protocol studies these withdrawals and draws four lessons for advocates working in the nine States that still hold reservations or declarations.
What happened
The first withdrawals came early. In 2006 The Gambia withdrew its reservations to Articles 5, 6, 7 and 14, covering harmful practices, marriage, divorce and health. In 2012 Rwanda withdrew its reservation to Article 14(2)(c), the provision on medical abortion in specific cases.
The most recent withdrawal is that of Mauritius. On 10 April 2023 it withdrew its reservation to Article 6(b), which sets the minimum age of marriage for women at 18. Mauritius had ratified the Protocol in 2017. It kept its other reservations, which remain under discussion with the African Commission.
Lesson one: any provision can be withdrawn
The report states that “withdrawal is possible on every type of provision”. The Gambia’s withdrawals covered harmful practices, marriage, divorce and health, which are among the provisions most often reserved today. Rwanda’s withdrawal concerned Article 14(2)(c), the same provision reserved by Kenya, Mauritius, Uganda and the Sahrawi Republic.
Lesson two: partial withdrawal is possible
A State does not have to lift everything at once. Mauritius withdrew its reservation to Article 6(b) on the minimum age of marriage and kept the others. For States with long lists, such as Ethiopia or the Sahrawi Republic, a step-by-step approach is realistic. Each country brief suggests where to begin, often with a provision where national law has already changed.
Lesson three: it is never too late
Withdrawal can come many years after ratification. Mauritius ratified in 2017 and withdrew six years later. Under the Vienna Convention on the Law of Treaties, a reservation may be withdrawn at any time, and the consent of the other States Parties is not required. For Namibia, which ratified in 2004, or South Africa, which ratified the same year, the passage of time is no obstacle.
Lesson four: withdrawal is a political signal
The report describes withdrawal as “a political signal”. The African Commission’s Advocacy Framework says that withdrawal reaffirms a State’s political willingness to uphold women’s rights. It also asks the Commission to praise States that withdraw. A withdrawal gives a government a positive message to share at home and at the Commission’s sessions.
How a withdrawal is done
The procedure is short. The withdrawal must be made in writing and notified to the depositary, the Chairperson of the African Union Commission. It takes effect on the date the notification is received. The report’s toolkit includes a model notification for the Minister of Foreign Affairs, which states that the government “withdraws the reservation made upon ratification of the Protocol with respect to Article [X]”.
The legal step is simple, yet the decision behind it still needs support at home. The Advocacy Framework asks States to set up a withdrawal process that is open to parliament and to the public. Advocates can help by preparing the evidence and the consultations with women’s organisations that a ministry will need before it acts.
Using the lessons in advocacy
Past withdrawals give advocates concrete precedents. When a ministry says that a provision is too sensitive, The Gambia’s example shows otherwise. When it says that all reservations must be reviewed together, the example of Mauritius shows a partial route. When it says the moment has passed, the Vienna Convention answers that withdrawal is possible at any time. When it says that nobody is asking for withdrawal, the toolkit points to Resolution 632, adopted by the African Commission in 2025, and to the Advocacy Framework adopted in 2026.
The report’s monitoring checklist adds a final step: any withdrawal should be verified on the African Union treaty page and announced. RFLD will track withdrawals on the Maputo Protocol Hub of its DƆNÙESÈ Data Center. Readers can see the full list of current reservations in the report summary.
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.
