96
Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
injuries and death but to simultaneously prevent future occurrences
through health system-wide reforms.77 Ensuring redress for victims
requires investigating violations, prosecuting perpetrators and
providing reparation including compensation.78 Though there are
recent and ongoing efforts to secure this type of accountability for
maternal deaths and injuries through the judicial system in a few
African countries,79 successful implementation of systemic changes to
the health systems of African countries, a second component of what it
means to ensure accountability, is yet to be attained.
3.2
Resolution 15/17 and the second report of the
OHCHR
The findings and recommendations in the OHCHR study directly
contributed to the adoption of a second resolution which sustained the
momentum that was generated by the first. In 2010, the Human Rights
Council adopted resolution 15/17, a second resolution on maternal
mortality, in which it reaffirmed resolution 11/8 and welcomed recent
maternal mortality-reduction initiatives, including in Africa.80 These
initiatives include the convening of the summit of the African Union in
Kampala in July 2010 on ‘Maternal, infant and child health and
development in Africa’, the launch of CARMMA and the ‘Africa cares:
no woman should die while giving life’ campaign.81 The Human Rights
Council urged states to adopt the recommendations in the OHCHR
study, discussed above, including collecting disaggregated data,82
redoubling efforts to fulfil relevant rights obligations, and allocating
adequate resources to the health sector.83
In the resolution, the Council also mandated OHCHR to invite
states, UN and regional bodies, NHRIs, civil society organisations and
other stakeholders to submit information on instances of good or
effective practices that exemplify the adoption of a human rights-based
approach to eliminating avoidable maternal deaths and injuries.84 It
77
As above, 18.
As above, 18-20.
79 For a detailed discussion on this see O, Afulukwe-Eruchalu ‘Accountability for nonfulfilment of human rights obligations: a key strategy for reducing maternal mortality
and morbidity in sub-Saharan Africa; in C Ngwena and E Durojaye (eds) Strengthening
the protection of sexual and reproductive health and rights in the African region
through human rights (2014) 119-151; see also O Afulukwe-Eruchalu ‘Accountability for
maternal healthcare services in Nigeria’ (2017) 137 International Journal of Gynecology
and Obstetrics 220-226.
80
Preventable maternal mortality and morbidity and human rights: follow-up to
Council resolution 11/8. A/HRC/15/L.27 https://documents-dds-ny.un.org/doc/
UNDOC/GEN/G10/167/35/PDF/G1016735.pdf?OpenElement (accessed 14 July 2017).
81
As above.
82
As above, para 3.
83
As above, para 5. For a detailed discussion of the role of NGOs and NHRIs in
addressing preventable maternal mortality and morbidity see Afulukwe-Eruchal (n 79
above).
84
As above, para 9.
78