A human rights activist pointed out that the provisions of Maputo Protocol are directly applicable in national courts after South Sudan ratified the treaty, while encouraging legal practitioners to use the instrument to safeguard the rights of women.
Maputo Protocol is an international human rights law established by the African Union in 2005 to promote gender equality and address violence against women. The instrument requires member countries to act to protect women from all forms of violence
Advocate Amanya Joseph said the instrument has become a legally binding document within the country, giving it a significant role in the judicial system.
Amanya said it is now incumbent on the country to raise public awareness, train legal professionals on its provisions, and push for policies that align with the protocol’s protections.
“After the government of South Sudan ratified the Maputo Protocol, and therefore submitted it to the African Union, it became an important legal instrument that can directly be applied in the judicial process in South Sudan,” he said.
“The South Sudan Constitution, Article 9, states that all international human rights instruments are part and parcels of the human right system including the bill of rights in the transitional constitution.”
“Therefore, it’s an indication that the articles of Maputo protocol can directly be applied to the high court or Supreme Court of South Sudan in case of anybody. This allows all women-led organizations to begin conducting and bring advocacy on its implementations.”
She further acknowledged that there are some provisions of the Maputo protocols which are not yet directly addressed by any subsidiary law.
Kuyang Esther, Program Manager of Siha Network – a coalition of civil society organizations in the Horn of Africa advocating for social change and gender equality for men and women – emphasized awareness for many legal practitioners and journalist on the Maputo Protocol.
Ms. Esther said empowering these groups with detailed knowledge of the protocol will enable them to better advocate for women’s rights and apply international standards in addressing violations.
“The training is objective mainly to empower the legal practitioners and also the journalists with knowledge on how to apply the Maputo Protocol in justice delivery.”
“We know that there are a lot of violations out there and many women do not know their rights this mainly is to create awareness of the Maputo Protocol so that even if they do the lawyers themselves, most of them do not know much about the protocol.”
“So, the aim is to enlighten them so that they know what is inside the protocol and how they can use those chapters to deliver justice for women and girls who are facing violence.
The advocates spoke to Eye Radio on Thursday during a training session organized by Siha Network on enhancing awareness and understanding of the Maputo Protocol among legal practitioners and journalists.
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