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Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
Resolution 11/8 went beyond addressing states to urging other
stakeholders, including national human rights institutions (NHRIs)
and non-governmental organisations (NGOs), to prioritise the issue of
preventable maternal mortality and morbidity in their work with the
UN human rights system including the treaty monitoring bodies,
special procedures, and the universal periodic review process.59 It also
tasked the UN High Commissioner for Human Rights (UNHCHR) with
preparing a thematic study on the issue within one year, with the input
of states, relevant UN agencies, and stakeholders.60 The study would
specifically identify the human rights dimensions of preventable
maternal deaths and injuries in the existing international legal
framework and offer suggestions for improving how the UN system had
so far been addressing those human rights dimensions.61 The
resolution concluded with the Human Rights Council obliging itself to
review the thematic study during its fourteenth session, in June 2010,
to hold an interactive dialogue on the study, and take further action as
needed.62
Indeed, the African Commission’s resolution equally called on civil
society, including NGOs, to advocate accountability and monitor the
implementation of government programs to reduce maternal
mortality.63 It further provided specific recommendations to states
such as to fulfil their obligations to allocate 15 per cent of their national
budgets to the health sector, adopt a human rights framework in
maternal health programs and strategies, and provide updates on
policy, institutional and other national efforts aimed at decreasing
maternal deaths and injuries, during periodic review sessions.
However, it did not contain any time-specific deliverables which would
have encouraged urgent action and assured accountability. The
Commission neither had nor did the resolution call for the
establishment of a mechanism equivalent to the UNHCHR, to
coordinate the regional human rights system’s and states’ efforts and
provide tailored technical guidance to states to promote compliance.
In contrast, the concrete mandates and time-specific provisions in
the Human Rights Council’s resolution, as well as the express inclusion
of the contribution of other stakeholders beyond states, lent urgency to
the issue, gave legitimacy to various stakeholders, and galvanised
action. For instance, by April 2010, the Office of the High
Commissioner for Human Rights (OHCHR) developed a thematic
study, with the input of states, NGOs, and external experts, along with
its key findings, serving as a game changer for how the United Nations
system had previously worked to address maternal mortality and
morbidity. The study clarified the conceptual framework for
understanding the connection between maternal mortality and human
rights. It confirmed the linkages between gender inequality and
59
60
61
62
63
As above, para 5.
As above, para 6.
As above.
As above, para 7.
African Commission (n 1 above) para 8.