(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.

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