Stakeholders at the regional sensitisation workshop on existing Adolescent Sexual and Reproductive Health Rights (ASRHR) legal frameworks have observed that lack of collaboration is the key setback in addressing critical issues affecting vulnerable children and women
The workshop, organized by the Network of African National Human Rights Institutions (NANHRI), attracted participants from Ministries of Health, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), Civil Society Organizations, legislators and rightsholders.
The National Human Rights Institutions were from Kenya, Uganda, Zambia, Zimbabwe and Malawi where NANHRI is implementing a project dubbed Amplifying Adolescent and Youth SRHR Voices.
NANHRI programs manager Robert Athewa said Like many other states in Africa, states in the East and Southern Africa (ESA) region have made regional and International SRH commitments, however, implementation remains the greatest challenge, thus denying youth and adolescents critical SRH goods and services that would positively impact their rights.
For instance, he said some states like Kenya, Zambia among others, have reservations on Article 14(2)(c) of Maputo Protocol.
World Health Organization (WHO) estimates that more than two billion people lack reliable access to essential medicines in the developing world. Average availability of medicines in public sector facilities in developing countries is just 34 percent. People are frequently driven to the private sector where availability is higher at 63.2% but prices are often unaffordable.
The Sub-Saharan Africa has high fertility rates, early age at birth of first child, and high birth rates among adolescents are closely associated with the risk of HIV infection and cervical cancer.
It is also estimated that close to 70,000 maternal deaths annually (13%) are due to unsafe abortions. Yet universal access to Reproductive Health and Rights is unavailable for millions of young women and girls living in low- and middle-income countries.
Of the 32 million adolescents aged 15-19, 14 million don’t have modern contraception. At least 10 million unwanted pregnancies occur among this age group, leading to 5.7 million abortions, the majority of which are unsafe.
HIVOS Malawi Office country manager Tisungane Nanthoka said the workshop stands as a testament to our shared commitment to advancing SRHR across East and Southern Africa.
“As the Regional SRHR Fund with support from Sida, we are proud to support convenings such as this, which are critical platforms for strengthening the engagement of policymakers, legislators, law enforcers, and National Human Rights Institutions (NHRIs) to ensure we champion our collective goal which is to advocate for the removal of reservations to Article 14(2)(c) of the Maputo Protocol and ensure that all individuals, particularly adolescents and youth, enjoy their full SRHR.
“As the Fund we do acknowledge the instrumental role that NHRIs play in safeguarding these rights. From investigating individual complaints to providing governments with actionable recommendations on human rights violations, and from reviewing laws and policies to reporting to treaty bodies, NHRIs serve as critical watchdogs and champions for SRHR. We also recognize the importance of enhancing stronger collaborations with youth-led and youth-focused organizations in our 5 focus countries. By working hand in hand with NHRIs, these organizations can amplify their advocacy efforts, ensuring that the voices and rights of young people are central to our shared mission. ,” she said
In his remarks, Amref Health Africa, Malawi head of programs Madalitso Tolani said the meeting was timely as it brought the countries together to review regional and international ASRH commitments, which state and governments have signed for, but whose implementation has remained a big challenge.
“Indeed, whilst we commend government(s) for making several commitments at national, regional and global levels, we need to ensure that there is accountability in the implementation of the commitments.
“As Amref in Malawi and Amref Global, we have devised different advocacy and accountability strategies to engage responsible governments and states at all levels to ensure these commitments are met. Recently, with support from the Partnership for Maternal, Newborn and Child Health (PMNCH), we launched the Digital advocacy hub which is a great platform (a digital space) designed to empower collaborative action and advocacy for in-country partners in their efforts in ensuring that there is strong action towards achieving Malawi’s commitments towards women’s, children’s, and adolescents’ health and wellbeing. Therefore, we encourage the partners in this room to join this digital space through the link: hubs.pmnch.org
“As a country, we celebrate the improvements in the legal and policy framework on ASRHR where the Government of Malawi on 21st February 2023 published and approved the amendments to the Penal Code in raising the marriage age of a child to 18, prohibiting sexual intercourse with a child and other amendments. Minors
“Through our work in the Power-to-Youth program a consortium of 6 partners (Amref, SRHR alliance, CHRR, MHRRC, and Youth Wave), we worked with and supported the Ministry of Gender, Community Development and Social Welfare (MGCDSW), Malawi Law Commission, and Ministry of Justice to harmonize and amend the penal code of the Child Care Protection and Justice Act to state a child as a person at the age of 18 years old to align with the constitution of Malawi. A schedule on harmful cultural practices was also inserted in the Gender equality act to support and protect women and children from harmful practices such as sexual harassment, child marriage, rape and many others.
“Through the same Pty program, we supported the first ever Global Forum for Adolescents (GFA) in 2023, a national event where adolescents presented the status of adolescent health and well-being in Malawi. The adolescents led the event, and engaged the Minister of Gender, Community Development and Social Welfare on the need to improve adolescent health and wellbeing including the need to improve access to SRH services. An appeal was made to the minister to fast track the reviewing, aligning and harmonising child and gender related laws,” he said
During the workshop, Chairperson of Malawi’s Parliamentary Committee on Health, Dr. Matthews Ngwale, accentuated the often-overlooked human rights abuses faced by women during pregnancy and childbirth.
“Some practices that we consider normal during pregnancy and delivery are, in fact, human rights violations.
“Forcing a woman to carry a pregnancy against her will is a violation of her rights. Similarly, the use of force during childbirth, such as coercively pushing a baby out, constitutes abuse.”
Dr. Ngwale also pointed out that neighboring countries like Zambia allow women to access safe abortion services, which remains restricted in Malawi, effectively undermining women’s reproductive rights.
Programme Officer for Sexual and Reproductive Health and Rights, Robert Afewa, further emphasized the significance of protecting women’s rights under the Maputo Protocol, a landmark African treaty that addresses violence against women.
“We are currently observing 16 Days of Activism against Gender-Based Violence. The Maputo Protocol, which Malawi has signed and ratified, advocates for safe abortion, comprehensive sexuality education, and measures to combat violence against women. Our efforts are focused on ensuring that the provisions of this protocol are implemented effectively,” he remarked.
