The Protocol is Now in Force: What Next for the Rights of Older Persons in Africa
Picture Credit: helpage.org
Editors Note :This blog piece is published in commemoration of the International Day of Older Persons, observed annually on 1 October.
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa (The Older Persons Protocol) officially came into effect on November 6, 2024, thirty days after the African Union (AU) received the fifteenth instrument of ratification.
This marks a milestone in Africa's human rights history, since it is the first legally binding regional instrument aimed at protecting and advancing the rights of the elderly. While its adoption and entry into force are substantial achievements, the true test lies in how effectively it is implemented and whether it improves the lives of millions of older Africans.
The Older Persons Protocol fills a critical normative gap by providing a legally binding framework that responds to the specific vulnerabilities faced by older persons, an often-overlooked group in policy and legal systems. It builds on existing global frameworks, such as the United Nations Principles for Older Persons (1991) and the Madrid International Plan of Action on Ageing (2002), but goes further by creating enforceable obligations on state parties. Among its key provisions, it:
· Prohibits all forms of age-based discrimination (Article 3).
· Guarantees access to health care (Article 15).
· Income security and social protection (Article 16).
· Promotes dignity, and autonomy and participation in social and political life (Articles 7 and 9).
· Prohibits intersectional discrimination particularly against older women and persons with disabilities (Article17).
· Mandates measures to prevent abuse, and neglect (Article 11).
· Affirms older persons’ rights to work without discrimination (Article 12), and to make autonomous decisions (Article 7), challenging the narrative of older persons as passive dependents.
One of the Older Persons Protocol's most significant features is its emphasis on protecting elderly people during disasters (Article 14). It highlights their increased vulnerability in instances of armed conflict, forced relocation, pandemics and climatic disasters, yet they are frequently overlooked in policy responses. By requiring AU member states to implement targeted protective measures during emergencies, the Older Persons Protocol links Africa's human rights obligations with the continent's changing humanitarian and development problems. This is especially significant given Africa's rapidly ageing population: by 2050, the number of persons aged 60 and over on the continent is expected to quadruple from 74 million to over 235 million.
“Governments, … have a role in ensuring the continent moves beyond ratification and rhetoric, turning the rights of older people into a daily reality across Africa. Ageing should be recognised not as a burden, but as a vital and valued stage of life.”
By the time the Older Persons Protocol came into effect, 15 African Union member states: Angola, Benin, Burundi, Cameroon, Ethiopia, Kenya, Lesotho, Malawi, Mozambique, Niger, Nigeria, Rwanda, Saharawi Arab Democratic Republic, Sao Tome and Principe and Togo had ratified it, meeting the threshold under Article 26. This achievement reflects years of advocacy by civil society and older persons’ associations. However, the majority of AU member states, more than two-thirds, are yet to ratify the Protocol. Moreover, ratification alone is inadequate to ensure change. The issue now is to incorporate the Protocol into national legislation, carry out its requirements and guarantee effective monitoring and enforcement measures.
Domestication and Monitoring
Domestication is a necessary first step. States must evaluate and amend current legislation, such as that governing social security, health, labor and non-discrimination, to ensure it meets the Older Persons Protocol's standards. To address legal loopholes, new laws and regulations should be adopted. Without such actions, the Older Persons Protocol's rights will remain primarily aspirational. Also important is the formulation of institutional tools to monitor implementation and enforce accountability. To improve transparency and monitoring, national human rights institutions, older people's and civil society organisations should be included.
Reporting and Compliance
Effective implementation additionally calls for periodic state reporting and peer assessment. The African Charter on Human and Peoples' Rights (African Charter) system requires states to submit periodic reports outlining their compliance with human rights responsibilities. The same reporting requirements apply to the Older Persons Protocol. However, past experiences with other human rights frameworks demonstrate that many African nations have failed to submit timely and thorough reports. To improve compliance, the AU must strengthen support systems while civil society maintains pressure for accountability.
Financing and Data
Financial constraints are another important factor. Social protection schemes, healthcare systems, elder care infrastructure and awareness campaigns all require sustained funding. However, older people's rights are frequently neglected or viewed as secondary priorities in national budgets. Governments will need to provide enough resources and include ageing in larger national development strategies. Likewise, data gathering and analysis are critical. Age-disaggregated statistics on poverty, health, care requirements and abuse experiences are critical for evidence-based policymaking, but reliable statistics on older persons remain scarce across much of the continent.
Changing Attitudes
Beyond legislative and structural improvements, attitude transformation is crucial. Ageism, negative perceptions and cultural conventions that marginalise older people frequently impede the execution of rights. Public education campaigns, service provider training and empowerment programs for older people are required to modify social beliefs and guarantee that the Older Persons Protocol's rights are realised. Furthermore, older people must be allowed to participate in decision-making processes at all levels, ensuring that policies reflect their lived experiences.
Integration with Broader Frameworks
The implementation of the Older Persons Protocol should not transpire in isolation. It should be included in comprehensive human rights and development frameworks, including the AU’s Agenda 2063, the Sustainable Development Goals (SDGs) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Citizens to Social Protection and Social Security. Strategic litigation, both domestically and before the African Commission, can also help to clarify governments' commitments and create jurisprudence that improves older people's rights.
Concluding remarks
The entry into force of the Older Persons Protocol is a landmark in African human rights history. If completely implemented, it can transform ageing on the continent from a narrative of charity and marginalization into one of dignity, equality, and rights. It envisions a continent in which older people are safe from abuse and prejudice, have access to social services and healthcare and may actively participate in society.
As we mark International Older Persons Day, the implementation of the Older Persons Protocol must be made a top priority. Governments, civic society, regional bodies and development partners all have a role in ensuring the continent moves beyond ratification and rhetoric, turning the rights of older people into a daily reality across Africa. Ageing should be recognised not as a burden, but as a vital and valued stage of life.
