Equality Now Interventions at the 85th Ordinary Session of the African Commission on Human and Peoples’ Rights

1. Ensuring implementation of the Maputo Protocol

Equality Now celebrated the Central African Republic’s ratification of the Maputo Protocol and urged the African Commission to support its domestication and implementation. We called for the withdrawal of harmful reservations by nine AU Member States, enforcement of Part B state reporting obligations, and urgent action by Ghana to pass the long-delayed Spousal Property Rights Bill, pending for over 30 years.

2. Call for Follow Up on the DRC Fizi Atrocities Decision (Communication 686/18)

We welcomed the landmark decision holding the Democratic Republic of Congo accountable for conflict-related sexual violence committed in South Kivu in 2011. The Commission’s recognition of gendered violence and its holistic reparations order, including prosecutions, compensation, and systemic reforms, set a precedent. We called for strong follow-up to ensure implementation, including a hearing on the status of the decision and timely reporting by the State.

3. Alarm over the retrogressive framing of family values by the anti-gender movement

We expressed grave concern about the rise of anti-gender ideology in Africa, particularly following the Second Pan African Conference on Family Values, which promoted a narrow, patriarchal definition of family. We condemned the proposed African Charter on Sovereignty and Family Values, drafted without women’s rights participation. We urged the Commission to anchor all family-related policies in the Maputo Protocol’s Articles 6, 17, and the Preamble, and to collaborate with the Africa Family Law Network on normative guidance for equality in the family.

4. Call to harmonise laws on reproductive health with Article 14 of the Maputo Protocol

Equality Now underscored the urgent need to align national laws with Article 14 of the Maputo Protocol on sexual and reproductive health. We highlighted contradictions and regressions in countries such as Benin, Kenya, Uganda, Nigeria, and Tanzania, where restrictive laws undermine access to abortion, adolescent health services, and comprehensive sexuality education. We urged the lifting of reservations, and implementation of General Comment No. 2 on Article 14.

5. The need for holistic reparations for survivors of Sexual Violence

We reiterated our call for survivor-centred justice and reparations, especially in light of rising sexual violence in conflict zones like DRC, Sudan, and cases of activist targeting in Tanzania. We welcomed Kenya’s reparation payments to survivors of post-election violence as a sign of progress. We urged Member States to adopt specialised SGBV courts, repeal discriminatory rape laws, and guarantee protection for women human rights defenders.

6. Accelerating efforts to end female genital mutilation (FGM)

Equality Now applauded the ECOWAS Court’s decision in Forum Against Harmful Practices v. Sierra Leone, which found that failure to outlaw FGM violates human rights obligations. We raised alarms over retrogressive efforts in The Gambia, including a constitutional challenge to its anti-FGM law. We called on the Commission to urge Sierra Leone, The Gambia, and Liberia to enforce or enact bans on FGM with urgency.

7. Ending sex trafficking and sexual exploitation

We called attention to cases of child exploitation in Kenya, trafficking rings in Uganda, and conflict-related sexual slavery in the Sahel. While some countries like Nigeria have shown prosecutorial progress, impunity remains widespread. We urged Member States to:

• Harmonise anti-trafficking laws

• Establish specialised anti-trafficking units

• Enhance cross-border cooperation (e.g. ECOWAS, IGAD, EAC)

• Guarantee comprehensive reparations and survivor-led service delivery

Call to Action

Equality Now urges the African Commission to:

• Support full ratification and implementation of the Maputo Protocol

• Demand state accountability on sexual and gender-based violence (SGBV), FGM, and trafficking

• Advocate for survivor-centred, rights-based legal reforms

• Reject the anti-gender backlash and uphold inclusive family and reproductive rights