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For women, some choices are tough

I REMEMBER the day as if it was yesterday, when the tranquility in our estate on the outskirts of Dar es Salaam was shattered by the death of one young girl.

DAR ES SALAAM: I REMEMBER the day as if it was yesterday, when the tranquility in our estate on the outskirts of Dar es Salaam was shattered by the death of one young girl.

Diana (not her real name) was only 16 by the time she met her untimely demise and the shock became more intense when we learned that she died after she attempted to terminate her pregnancy.

News of her death spread like a bushfire on a windy day and by the time the initial shock was starting to wear off, a big number of mourners had gathered at her parent’s house.

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“Everyone at the school was proud of her, especially her teachers, because Diana showed a lot of promise and dedication in her school work and most of us were willing to assist her as much as possible,” said the Head teacher of her school during her funeral.

A few days after Diana was laid to rest, details of the cause of her death emerged when her close friend confessed that Diana died after she tried to terminate her pregnancy.

She said that Diana became pregnant after a visiting uncle raped her and threatened to kill her if she told any living soul ‘their secret.’ Some of her friends recalled that days before her demise, they noticed that she was not her usual cheery self, becoming withdrawn and dejected most of the time.

Some of the people in the estate argued that if there was a clear policy on termination of unwanted pregnancies, chances are, Diana might have had an option. In Tanzania, the law on abortion is highly restrictive, allowing the procedure only in limited circumstances, such as to save a woman’s life or in cases of physical or mental health risks.

“However, this strict legal framework has several implications that contribute to increased maternal deaths, where many women who seek abortions outside the legal framework may resort to unsafe methods, risking severe complications or death,” says Judge Mathew Mwaimu, the Chairman of Tanzania Commission for Human Rights and Good Governance (CHRAGG) when he was a panelist during the recent Tanzania Health Summit which was held in Zanzibar.

He said that in the same law there are some exceptions in the general rule, the only thing which is not there is what is portrayed in the Maputo Protocol, about the situation where a woman has been raped and incest among others. The Judge said that those who procure abortion in dark alleys are not that there no exceptions to the general rule, but when you look into the law itself, Article 150, 151 and 152, they create a situation as if there is no exception to the general rule.

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The Maputo Protocol, formally known as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, is a significant legal framework aimed at promoting and protecting the rights of women across the continent.

Article 150 focuses on the importance of creating and maintaining an environment that supports the full participation of women in all spheres of life. This includes efforts to eliminate discrimination and ensure equal access to opportunities.

Article 151 addresses the need for states to implement measures that promote women’s rights in various sectors, including education, health and economic participation. It emphasises the responsibility of states to enact and enforce laws that protect women’s rights.

Article 152 on the other hand highlights the importance of international cooperation in promoting the rights of women.

Judge Mwaimu said that for someone who peruses the Maputo Protocol has to go all the way to Section 230 to find what they are looking for. Section 230 of the Maputo Protocol pertains to the rights of women in the context of reproductive health.

Specifically, Section 230 advocates for access to safe and legal abortion services under certain circumstances, including cases of sexual assault, rape, incest and where the woman’s health is at risk. It reflects a commitment to ensuring that women have control over their reproductive choices and access to necessary healthcare services. He said the Commission has been communicating with Pretoria University who are ready to bring training on human rights reporting about the African Charter for Human and People’s Rights and the Maputo Protocol.

“During the workshop, the Commission came up with an intention revitalising the way on how to communicate with the government to ensure that the Maputo Protocol is domesticated,” said Judge Mwaimu.

He said that as a Commission they have no problem about the adoption or ratification, saying if they adopt it without any reservations, then it means it was a political will from the government. Dr Ahmed Makuwani, the Director of Reproductive, Maternal, Newborn Child and Adolescent Health from the Ministry of Health said that as the government they have tried to work to expand the legal framework.

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He said apart from section 230 of the Maputo Protocol, there is also Section 219, which they brought together as guidelines, because globally when you look at all the Sections, for a provider it is difficult to translate them. Section 219 of the Maputo Protocol refers to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol.

He said this section specifically addresses the right to health and reproductive health services for women, saying it emphasises the need for states to ensure access to healthcare services, including family planning and to provide necessary information and education related to sexual and reproductive health.

“The protocol aims to promote and protect the rights of women, addressing issues like gender-based violence, discrimination and harmful traditional practices. It is a significant legal instrument in the fight for women’s rights across African nations,” said Dr Makuwani.

He said by bringing together Sections 150, 151, 152, 219 and 230, it enables the provider to translate them and gives some room to give a chance to terminate a pregnancy. Dr Makuwani said that they brought all these sections and produced guidelines, where the first Guideline was in 2015 and the second version of the Guideline was in 2020.

He said they made the two guidelines to enable health providers to know exactly where they can give services to a woman to terminate her pregnancy, especially if the pregnancy endangers the life of the woman.