The Africa Governance Report Table 2: Status of AU Instruments Relating to Constitutionalism and the Rule of Law (September 2018) Instrument Signed (Out of 55) Ratified Deposited African Charter on Democracy, Elections and Governance 46 31 31 African Charter on Human and People’s Rights 45 54 54 Protocol of the Court of Justice of The African Union 44 18 18 African Union Convention on Preventing and Combating Corruption 494040 Protocol on the Statute of the African Court of Justice and Human Rights 31 6 6 Protocol on Amendments to the Protocol on The Statute of the African Court of Justice and Human Rights 11 00 Constitutive Act of the African Union1954 55 55 African Charter on the Rights and Welfare of the Child 44 48 48 The African Charter on Values and Principles of Public Service and Administration 38 18 18 Protocol to the Constitutive Act of The African Union Relating to The PanAfrican Parliament 1999 Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa 4941 41 Source: https://au.int/en/treaties/status The following section briefly examines the principal instruments for promoting constitutionalism and the rule of law. 4.2.1 The African Charter on Human and People’s Rights The African Charter on Human and Peoples’ Rights (1981) seeks to promote and protect human rights and basic freedoms in Africa. It requires Member States of the AU to recognise a set of rights and freedoms, and to adopt legislative and other measures to give effect to them. The Charter establishes the African Commission on Human and Peoples’ Rights, which is responsible for its oversight and interpretation. A Protocol to the Charter adopted in 1998 created the African Court on Human and Peoples’ Rights. The Protocol entered into force on 25 January 2004 and the court went operational in 2005, electing its first judges in 2006. A second Protocol in 2003 created the Court of Justice of the African Union. A third Protocol adopted in 2008 decided to merge the two courts to form the African Court of Justice and Human Rights, though this is still to materialize. 4.2.2 The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) came about out of concerns, among others, that women have remained victims of discrimination and harmful practices even though many of the AU Member States had ratified the Charter. The Maputo Protocol requires Member States to respect and protect the human rights of women including their health and reproductive rights, and to combat all forms of discrimination against 19Some states have ratified the instruments without signing. Page 42 of 96