Building Solidarity for New Horizons: Making a Case for the Maputo Protocol in Somalia

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 The Maputo Protocol stands as one of Africa's most progressive and comprehensive legal instruments, designed to protect and promote the rights of women across the continent. Officially titled the "Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa," it was adopted in Maputo, Mozambique, in July 2003. Its 32 articles cover a broad range of women's rights issues, including political participation, reproductive health, protection from harmful practices, and sexual violence.

However, despite signing the Maputo Protocol in 2006, Somalia has yet to ratify it, delaying the country's ability to fully protect women and girls under its provisions. This article makes a case for the ratification and implementation of the Maputo Protocol in Somalia, with a focus on critical areas such as female genital mutilation (FGM), women's participation, and sexual offenses. Somalia’s commitment to ratifying this protocol is vital for creating a future where the rights of women and girls are safeguarded, enabling them to reach their full potential and contribute meaningfully to the development of their communities.

One of the most important provisions of the Maputo Protocol is Article 5, which unequivocally condemns and calls for the eradication of female genital mutilation (FGM) as a harmful traditional practice. Somalia has one of the highest rates of FGM globally, with around 98% of Somali women and girls aged between 15 and 49 having undergone the procedure. Despite this, Somalia’s legal framework does not adequately address FGM. The Somali constitution under Article 15 prohibits FGM, labeling it as a cruel and degrading form of torture, aligning with the Maputo Protocol. Yet, these legal provisions have not been followed by enforceable laws, and the practice remains widespread.

The Maputo Protocol mandates that states not only prohibit FGM but also take active steps to eradicate the practice, including through legislation, public education, and support services for survivors. Although there have been some efforts by federal states like Galmudug, which has passed legislation banning FGM, the lack of national-level legal frameworks creates loopholes that allow the practice to continue.

Ratifying the Maputo Protocol could serve as a catalyst for further legislative action and create pressure for the Somali government to prioritize the eradication of FGM. The support and participation of civil society organizations (CSOs) are crucial in advocating for the ratification of the Protocol, ensuring that survivors are supported and that public education campaigns effectively challenge the cultural norms sustaining FGM.

Article 9 of the Maputo Protocol emphasizes women's right to participate equally in political and decision-making processes. This is a critical provision for Somalia, where women remain significantly underrepresented in political spheres. The country has made strides, with recent efforts to ensure women occupy 30% of parliamentary seats. However, the realization of this quota has been inconsistent. During the 2022 federal elections, women's representation in parliament declined, reflecting the fragile gains women have made in politics.

Ratifying the Maputo Protocol would reinforce the call for increased women's participation in politics and decision-making roles at all levels of government. Moreover, it would lend greater weight to Somalia’s domestic policies aimed at promoting gender parity, such as the Somali Women’s Charter, which advocates for 50% representation in government.

Women's participation is not only a matter of representation but also crucial for addressing broader issues of peace, security, and development. Somalia's traditional power structures, dominated by clan elders and patriarchal norms, often sideline women from key decision-making processes. By ratifying the Protocol, Somalia can demonstrate its commitment to empowering women and promoting inclusive governance. This, in turn, would strengthen Somalia’s democracy and contribute to long-term peacebuilding efforts in the country.

Sexual violence remains a pressing issue in Somalia, worsened by conflict, displacement, and a lack of legal protections. The Maputo Protocol, particularly Article 4, mandates that states enact and enforce laws prohibiting all forms of violence against women, including sexual violence. Despite these international commitments, Somalia’s legal system continues to fall short in protecting women and girls from sexual offenses. The Somali Penal Code, a relic of the colonial era, is woefully inadequate in addressing contemporary issues of gender-based violence.

Efforts to modernize the legal framework, such as the Somali Sexual Offenses Bill, have been met with significant resistance from conservative religious groups. This has delayed the passage of laws that would criminalize a wide range of sexual offenses and provide better support for survivors. The rejection of this bill underscores the critical need for strong advocacy and legal reform.

Ratifying the Maputo Protocol would send a powerful message that Somalia is committed to combating sexual violence. It would also provide a legal framework to support the passing of much-needed legislation such as the Sexual Offenses Bill. By criminalizing sexual offenses and providing clear legal avenues for the prosecution of offenders, Somalia can take meaningful steps to address the impunity that often surrounds sexual violence.

The ratification of the Maputo Protocol presents Somalia with an opportunity to realign its national laws with international human rights standards, particularly in relation to women's rights. Addressing the challenges of FGM, political participation, and sexual violence requires not just legal reforms but also strong advocacy from civil society and sustained pressure from international partners.

As Somalia continues its journey towards stability and development, the protection and empowerment of women must be at the forefront of these efforts. By ratifying the Maputo Protocol, Somalia can create new horizons for women, ensuring their rights are upheld, and their contributions to society are recognized. It is time for Somalia to build solidarity with women and reaffirm its commitment to a future where gender equality is more than an aspiration—it is a reality.

Yousef Timacade is a lawyer, legal analyst, and commentator with over a decade of experience in program management, research, and human rights advocacy. He holds master’s degrees in both law and executive management, which have equipped him with a unique blend of legal expertise and leadership acumen. Throughout his career, he has worked with numerous national and international non-governmental organizations, driving impactful initiatives in the areas of human rights, policy development, and social justice. Currently, Yousef serves as the Country Coordinator for Somalia and Somaliland at SIHA Network, where he leads efforts to advance women's rights and advocate for marginalized communities.

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