African Commission on Human and Peoples’ Rights Must Push for Reforms to Protect Women and Girls, urges Equality Now
Equality Now (www.EqualityNow.org) is urging the African Commission on Human and Peoples’ Rights to call upon African Union (AU) member states to urgently address rising sexual violence and exploitation of women and girls across the continent.
In its statement to the 83rd Ordinary Session of the Commission this month, the human rights organisation called on the Commission to use its mandate to underscore the importance to governments about the need to provide reparations for survivors of sexual violence, criminalise femicide, boost efforts to end child marriage, and strengthen laws to stop digital violence.
Equality Now wants the Commission to remind States of their obligations under the Maputo Protocol on Women’s Rights (http://apo-opa.co/4mnt56T). Of the 55 member States, 45 have ratified or signed the protocol.
Deborah Nyokabi, a legal equality and gender policy expert at Equality Now, explains, “Women and girls across Africa are enduring violence in all its forms – including rape, child marriage, femicide, trafficking, and digital abuse – while legal systems too often fail to protect or deliver justice. These are not isolated issues but symptoms of a broader failure to uphold the rights enshrined in the Maputo Protocol.”
“African governments must prioritise legal reform, provide reparations to survivors, and close the protection gaps that leave so many women and girls vulnerable and without access to assistance when their rights have been violated, especially in conflict zones where the breakdown of services intensifies harm.”
Sexual violence reparations
According to figures (http://apo-opa.co/4jctrKY) released by UNICEF last year, more than 79 million girls and women in sub-Saharan Africa have been subjected to rape or sexual assault as children. The region has the highest number of child sexual violence victims in the world.
Yet research by Equality Now found that survivors of sexual violence are being denied justice. In its report, “Barriers to Justice: Rape in Africa, Law, Practice and Access to Justice” (http://apo-opa.co/4moIxj6), the NGO exposed key gaps in rape laws in 45 African countries, which included allowing rape in marriage, perpetrators to walk free from court if they agree to marry their victims, and judges to define evidence based on the complainant’s behaviour.
In its statement, Equality Now called on the Commission to urge member States to urgently integrate the Niamey Guidelines (http://apo-opa.co/4jeCsTE) on combatting sexual violence, adopted by the Commission in 2017, emphasising governments’ obligation to provide reparations to survivors.
Criminalising femicide
The NGO called on the Commission to implore governments to criminalise femicide – the most extreme and brutal manifestation of violence against women.
Equality Now’s report “Gender Inequality in Family Laws in Africa: An Overview of Key Trends in Select Countries” (http://apo-opa.co/3SJVkPy) revealed that the most devastating facet of inequality within the family is sexual and gender-based violence, including domestic violence, marital rape, economic violence and femicide, which is the intentional murder of a woman or girl because of their gender.
In 2023, an average of 140 women and girls were killed (http://apo-opa.co/3FfMOEV) by a partner or family member every day. Current and former intimate partners were the most likely perpetrators. Yet not enough is being done to end the crisis or hold offenders to account.
In South Africa, a national femicide study (http://apo-opa.co/3HhFEAv) found that three women a day were killed by an intimate partner in 2020/21, but in 44% of cases, police had failed to identify a perpetrator. In Kenya, 170 cases of femicide (http://apo-opa.co/4kuOVUs) were reported in 2024. A petition (http://apo-opa.co/4kuOVUs) calling on the government to make femicide a distinct crime has received more than 78,000 signatures.
In Cameroon last month, Bekobe Eric, accused of murdering his wife Diane Yangwo, received (http://apo-opa.co/4mfd9n8) a five-year suspended sentence and a fine of 52,000 CFA (approximately $90). The sentence was immediately denounced by women’s rights advocates.
Earlier this year, the African Union took a significant step to address the crisis by adopting the African Union Convention on Ending Violence Against Women and Girls (http://apo-opa.co/4kuPjCk), which included an explicit definition of femicide. Equality Now wants the Commission to seize the momentum to encourage governments to recognise and criminalise femicide as a distinct crime, and outlaw marital rape and domestic violence.
Safeguarding rights in Sudan and the DRC
Equality Now urges the Commission to encourage Sudan to ratify the Maputo Protocol to provide essential legal protections for women and girls. Sudan is now in its third year of conflict, facing widespread destruction, significant civilian casualties and an unparalleled humanitarian crisis.
Women and girls are bearing the brunt of Sudan’s war (http://apo-opa.co/434bmd9), with sexual violence being weaponised by both sides. The destruction of healthcare infrastructure, however, means there are inadequate medical and reproductive health services to support survivors of violence, which has led to more unintended pregnancies, miscarriages and maternal deaths.
Increasing rates of maternal mortality are also being recorded in the Democratic Republic of the Congo, where decades of conflict have severely damaged healthcare services.
The Commission should encourage both countries to integrate sexual and reproductive health rights into their humanitarian response.
End child marriage
In its statement to the Commission, Equality Now expressed deep concern at the continued high rates of child marriage across the continent. Fourteen of the 20 countries with the highest prevalence rates are in Africa. Child marriage is a serious human rights violation (http://apo-opa.co/3SLkD3G). Girls are often forced to drop out of school, restricting their life chances, and are likely to give birth at a young age, which poses severe health risks.
One of the reasons child marriage is continuing unchecked is because of weak legal protections, which must be addressed, said Equality Now. All AU member States should raise the minimum age of marriage to 18, without exceptions, and implement measures and programmes to end child marriage in line with recommendations (http://apo-opa.co/4mpDrDo) made in 2017 by the Commission and the African Committee of Experts on the Rights and Welfare of the Child.
End sexual exploitation
The Commission was also asked to encourage member States to address the surge in trafficking of women and girls across the continent.
UNODC’s 2024 global report on trafficking (http://apo-opa.co/4kMq3Yv) found that a third of all cross-border trafficking flows involved Africans. In sub-Saharan Africa, 98% of victims were trafficked within the region, 21% for sexual exploitation. About 42% of trafficked victims in sub-Saharan Africa were girls.
Member States have enacted anti-trafficking laws and policies, but they are not being adequately enforced. Meanwhile, the systemic factors that make women and girls vulnerable to sexual exploitation have not been meaningfully addressed.
Digital spaces are also becoming more dangerous for women and girls. Online abuse, including sexual harassment and the non-consensual sharing of intimate images, is rising in tandem with increased internet penetration. Technology is increasingly being weaponised to attack women and girls, including women politicians, journalists and human rights defenders.
Digital violence is being exacerbated by weak legal protections, underreporting and the limited capacity for law enforcement to investigate tech-related crimes. Governments need to enforce and tighten existing laws on online sexual exploitation and invest in digital safety initiatives, in line with the recently adopted UN Global Digital Compact (http://apo-opa.co/4kxzb33), said Equality Now.
Distributed by APO Group on behalf of Equality Now.
Notes to editors:
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About Equality Now:
Equality Now (https://EqualityNow.org) is an international human rights organisation dedicated to protecting and promoting the rights of all women and girls worldwide. Its work is organised around four main program areas: Achieving Legal Equality, Ending Sexual Violence, Ending Harmful Practices, and Ending Sexual Exploitation, with a cross-cutting focus on the unique challenges facing adolescent girls.
Equality Now combines grassroots activism with legal advocacy at the international, regional, and national levels to achieve systemic change, and collaborates with local partners to ensure governments enact and enforce laws and policies that uphold women’s and girls’ rights.
For more information about Equality Now, visit www.EqualityNow.org, and find us on Bluesky @ equalitynow.bsky.social (https://apo-opa.co/3H4U6fb), on Instagram @ equalitynoworg (http://apo-opa.co/3S9vxAb), Linkedin at Equality Now (https://EqualityNow.org).
