(2017) 1 African Human Rights Yearbook
105
In some of its concluding observations to states reports, the
Commission has expressed concerns about the unacceptably high
maternal deaths in some countries. For instance, in its concluding
observations to the government of Nigeria the Commission noted with
concern the high maternal mortality in the country and urged the
government to take adequate steps and measures to address the
situation.136 Similarly, in its Concluding Observations to the report of
the government of Malawi, the Commission expressed concerns about
the inability of women to access health care services, including
reproductive health care, due mainly to shortages of skilled health care
providers and distance to health care facilities.137 According to the
Commission, this situation impacted more negatively on women in
rural areas than in other parts of the country. The Commission, thus,
called on the government of Malawi to strengthen all initiatives aimed
at reducing maternal deaths and increase budgetary allocation to the
health sector to at least 15 per cent in line with the Abuja
Declaration.138 More importantly, the Commission enjoined the
government to:
[e]nhance the availability and accessibility of maternity services, including postnatal services, including by: increasing the number of healthcare facilities that are
fully equipped to provide comprehensive maternal healthcare; increasing the
number and training of skilled health personnel and utilization of skilled health
personnel during pregnancy, childbirth and postnatal period at all levels of the
health system; and building and improving facilities in rural areas and access to
skilled medical birth attendants to reduce labour complications.139
This admonition of the Commission to the government of Malawi
resonates with the approach of human rights bodies such as the
ICESCR Committee in its General Comment 14, the Human Rights
Council and the CEDAW Committee.140 It is also consistent with the
reasoning of the Commission in some of its interpretative documents
such as the resolution on maternal mortality and the Principles and
Guidelines on the Implementation of Socio-economic Rights under the
African Charter.141 An important conclusion to be drawn from this is
that while the Commission has not yet issued a decision on a
communication on maternal mortality, the existing interpretative
guidance and the experiences from international human rights bodies
provide it with ample arsenal to issue a decision on this issue in future.
136
African Commission, Concluding Observations and Recommendations on the 5th
Periodic Report of the Federal Republic of Nigeria on the Implementation of the African
Charter on Human and Peoples’ Rights (2011 - 2014) adopted during the 57th Ordinary
Session 4 - 18 November 2015, Banjul, The Gambia.
137
African Commission, Concluding Observations and Recommendations on the Initial
and Combined Periodic Report of the Republic of Malawi on the Implementation of the
African Charter on Human and Peoples’ Rights (1995-2013) adopted during the 57th
Ordinary Session held from 4-18 November 2015 Banjul, The Gambia.
138
As above, 77.
139
As above, 105.
140
HRC General Comment 6 of the HRC on article 6 and General Recommendation 24
of the CEDAW Committee.
141
African Commission, Principles and Guidelines on the Implementation of
Economic, Social and Cultural Rights in the African Charter on Human and Peoples’
Rights adopted in 2010.