African Protocol on the Rights of Older Persons enters into force – JURIST
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons officially entered into force on Monday. This milestone follows the deposit of the 15th instrument of ratification by AU Member States, as required by Article 26 of the protocol.
Adopted by the Assembly of African Heads of State in January 2016, this protocol aims to affirm and safeguard the fundamental rights of the elderly throughout Africa by recognizing their contributions to society and addressing their unique needs and vulnerabilities. It particularly emphasizes the need to eliminate all forms of abuse and discrimination against older people. With the elderly population in Africa projected to rise to approximately 215 million by 2050, this protocol serves as a key framework for protecting their rights. Its primary objective is to promote respect for and protection of older individuals in accordance with the African Charter on Human and Peoples’ Rights, the AU agenda, and the Sustainable Development Goals. The protocol is grounded in Articles 2, 18(4), and 22 of the African Charter, as well as various international conventions, including the Convention on the Elimination of All Forms of Discrimination against Women.
The protocol safeguards several rights, including the rights to access justice and equal protection under the law, protection against discrimination in employment, the right to make decisions regarding their own well-being without interference, and protection from harmful traditional practices. It also calls for support for older individuals who care for vulnerable children, such as orphans, and for the protection of older people with disabilities. Additionally, Article 9 specifically protects older women from violence, abuse, and gender-based discrimination, as well as from violations related to property and land rights.
A crucial provision of the protocol is the priority protection and assistance for older persons in conflict and disaster situations, including natural disasters and civil unrest. This is particularly relevant given the ongoing struggles in war-torn regions such as Ethiopia, Sudan, and the Democratic Republic of the Congo. These conflicts have contributed to a refugee crisis across Africa, with reports indicating a significant violation of refugees’ rights in various areas, undoubtedly impacting elderly individuals as well.
For the protocol to be effective, various stakeholders—including states, development partners, civil society organizations (CSOs) and older individuals—must actively participate at local, national, and regional levels. States are tasked with adopting policies that provide care and support, including access to treatment services for older persons. Meanwhile, CSOs and other stakeholders are tasked with monitoring progress and collaborating with member states to ensure the effective implementation of the protocol’s provisions. Additionally, older individuals have a role to play by mentoring younger generations, sharing their knowledge, and participating in mediation and conflict resolution efforts.
