To date, 42 out of the 55 African countries have ratified the Protoco l and 13 countries are yet to join the treaty. While the majority of countries have ratified or acceded to the Protocol, its implementation and application are still far from becoming a reality. Some countries have ratified the Protocol but have placed reservations on it, which continue to impede its full application.
Reservations limit the full domestication and implementation of the Protocol, thereby denying women and girls the full enjoyment of the rights. However, these reservations are not meant to remain in place in perpetuity. Member States are obligated to take necessary steps to address the issues of concern and eventually lift the reservations.
The continent can draw lessons from Rwanda which has set precedent by lifting the reservation it had on Article 14 2 of the Protocol, reforming national laws, and sensitizing law enforcement officers and healthcare providers on the change in the law. Kenya does not consider itself bound by the provisions of Article 10 3 which requires Member States to reduce military expenditure in favor of social development and the promotion of women. It has further placed reservations on Article 14 2 c which provides access to health and reproductive rights including medical abortion in cases of sexual assault, rape, incest, and where pregnancy endangers the mental and physical health of the mother or the life of the mother or fetus.
In Cameroon, the government declared that its accession to the Protocol can in no way be interpreted as endorsement or promotion of homosexuality, abortion except therapeutic abortion , genital mutilation, prostitution, or any other practice which is not consistent with universal or African ethical and moral values.
Namibia has a reservation on Article 6 d of the Protocol until legislation regarding recording and registration of customary marriages is enacted. The Article requires that every marriage be recorded in writing and registered in accordance with national laws in order to be legally recognized.
