The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons has officially entered into force, marking a significant step in the protection of the rights of elderly individuals across Africa. This development comes after the 15th instrument of ratification was deposited by African Union (AU) Member States, as required under Article 26 of the protocol.
Originally adopted in January 2016 by the Assembly of African Heads of State, the protocol aims to underscore and protect the fundamental rights of older individuals throughout the continent. It seeks to recognize their societal contributions while addressing their specific needs. Importantly, the protocol stresses the elimination of all forms of abuse and discrimination against older people. With Africa’s elderly population expected to reach approximately 215 million by 2050, the protocol serves as a crucial framework for advocating the rights of this demographic, aligning with the African Charter on Human and Peoples’ Rights and the AU agenda.
The protocol affirms several rights for older individuals, including access to justice, non-discrimination in employment, autonomy in personal well-being decisions, and protection from harmful traditional practices. It also emphasizes the need for special support for older persons who look after vulnerable children and provides additional protections for older individuals with disabilities. Article 9 of the protocol offers protection for older women against violence and violation of property and land rights.
Particularly noteworthy is the provision for the protection and assistance of older persons during conflicts and natural disasters, a necessity underscored by ongoing conflicts in regions like Ethiopia, Sudan, and the Democratic Republic of the Congo, which have escalated a refugee crisis affecting the elderly.
For the protocol’s implementation, active engagement from various stakeholders is essential. States are expected to create supportive policies, while civil society organizations are tasked with monitoring and collaborating with member states. Older individuals also have a role in mentoring younger generations and aiding in conflict resolution. The full article can be accessed on JURIST.