BANJUL, The Gambia (Kaab TV) – Human rights organisation Equality Now has warned that millions of women and girls across Africa remain without adequate legal protection due to weak laws, poor implementation, and lack of accountability by governments.
Speaking during the 87th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) in Banjul on May 12, Esther Waweru, Associate Director for Legal Equality at Equality Now, called on African Union member states to take stronger action against sexual violence, female genital mutilation (FGM), discriminatory family laws, and online gender-based violence.
“Millions of women and girls across Africa live under laws and systems that fail to uphold their human rights,” Waweru said, urging governments to move beyond rhetoric and implement meaningful legal reforms and protections.
Equality Now said rape laws in many African countries still fail survivors because they require proof of physical force or violence, placing heavy burdens on victims and ignoring situations involving coercion, intimidation, or abuse of power.
The organisation also criticised failures by authorities to properly investigate and prosecute rape cases, while highlighting how harmful gender stereotypes continue to influence judicial decisions.
According to the group, some rape cases are informally settled through community mediation, often pressuring survivors into silence.
Kenya was specifically criticised for maintaining a marital rape exemption that prevents husbands from being prosecuted for raping their wives.
Calls to Protect Reproductive Rights
Equality Now also raised concerns over restrictions on sexual and reproductive health services, particularly affecting rape survivors.
The organisation welcomed a 2025 ruling by the High Court of Malawi, which found that denying a 14-year-old rape survivor access to a safe abortion violated her rights.
The group urged African governments to adopt survivor-centred approaches that include compensation, medical care, psychosocial support, and legal assistance.
Equality Now said women across Africa continue to face discrimination in matrimonial property rights, particularly after separation or divorce.
The organisation noted that in countries such as Nigeria, property division is often based only on direct financial contributions, leaving many women with little protection despite years of unpaid domestic and caregiving work.
It called for laws recognising both financial and non-financial contributions within marriage.
FGM and Online Abuse
The organisation urged lawmakers in Liberia to criminalise FGM by passing pending legislation protecting women and girls.
In The Gambia, Equality Now called on authorities to defend the country’s 2015 law banning FGM amid a Supreme Court challenge seeking to overturn it on cultural and religious grounds.
Equality Now also warned about rising online gender-based violence across Africa, saying weak digital governance laws leave women vulnerable to online harassment, exploitation, and abuse.
The organisation called for stronger regulation of technology companies, gender-responsive digital protections, and improved support for survivors of online harm.
Equality Now further urged South Sudan to fully implement the Maputo Protocol, which it ratified in 2023.
The group said women and girls in South Sudan continue to face conflict-related sexual violence, harmful traditional practices, and weak legal protections, adding that the country’s constitution-making process presents an opportunity to strengthen gender equality protections.