Addressing Women's Rights in Africa

The African Charter on Human and People’s Rights (ACHPR) initially laid out what human rights in Africa should be like and how they should be applied within the continent’s domestic sphere. Known also as the Banjul Charter, it was created to establish individual rights and freedoms and to hold African nations accountable for any future human rights violations on the international stage. The draft got approved in 1981 and came into effect in 1986, thanks to the Organization of African Unity (which later became the African Union).

So, there was this study that looked into how culture directly affects women’s rights in Africa. It pointed out four main articles in the ACHPR related to women’s rights: articles 2, 3, 18, and 60. But, these articles are kind of vague. Like, article 18 talks about discrimination against women only within the family context. It doesn’t cover women’s rights in public or private spheres. Plus, it doesn’t mention a woman’s right to consent to marriage or her rights during and after divorce. Because of these shortcomings, a Protocol to the ACHPR was proposed by the Special Rapporteur on the Rights of Women. This Protocol, unlike the ACHPR, focuses on women’s civil and political freedoms, protecting their rights in both public and private spheres. It talks about a woman’s right to consent, to inherit, to work, to vote, and to use birth control. It also calls for the end of harmful practices like early marriages and female genital mutilation (FGM). But, even though the Protocol came into effect in 2003, by 2006, 36 countries hadn’t fully ratified it. So, women’s rights still remain unclear in the ACHPR, and their freedoms are restricted in everyday life.

Culture and its Effect on Women’s Rights

The study I mentioned earlier defines culture as “inherited ideas, beliefs, values, and knowledge, which make up the shared bases of social action,” and this includes religion. African society is mainly patriarchal, putting men at the center of cultural practices. This male superiority limits women’s rights and subjects them to their fathers, brothers, and husbands. Some cultural practices do protect women’s rights, though. For example, a future groom must make a payment to the bride to ensure some of her economic independence going into the marriage. This payment belongs to the bride and the groom usually can’t touch it. But, despite this, women’s freedoms are still restricted by society. In some African countries, like Nigeria, a husband is legally allowed to physically punish his wife as long as it doesn’t cause permanent damage. Also, it’s really hard for women to get travel documents or permission to travel alone. Sometimes, they need approval from their father or husband, and other times, they need a male chaperone to leave the country.

Female Genital Mutilation (FGM) is another harmful cultural practice that women endure. It involves altering and cutting female genital organs for cultural reasons. This usually happens to girls between the ages of 1 and 15. FGM causes complications with childbirth, cysts, bleeding, urination problems, and higher rates of newborn deaths. This practice is so ingrained in African culture that most of the 200 million mutilated women are in Africa. Because it’s done at such a young age, most women don’t have a choice, so it’s a violation of Human Rights according to the UN Charter of Human Rights. Along with limited reproductive rights, like restricted access to birth control and abortion, women in Africa have very little control over their sexual and reproductive rights.

Another problem is the grounds for divorce and economic compensation after separation. Women who pursue divorce often lose their right to financial support and any financial assets accumulated during the marriage. This includes their land, dowry, any business, and child support. Since some women are financially dependent on their partners, these rules can discourage them from seeking a divorce because they need the economic support.

After years of colonization by western powers, African countries have been trying to rediscover and redefine their identities. The idea of feminism and women’s rights is often seen as a western concept and is resented by decision-makers, who are mostly male. They claim that these ideas don’t reflect what most women want, and only the educated women who travel bring back such ideas. They believe that uncorrupted women don’t ask for equal rights and are satisfied with the status quo. Plus, with the focus on economic development, decision-makers argue that women’s rights are not a priority.

This study answers the question: which aspects of African culture are blocking women’s access to basic rights and freedoms? Changing these cultural practices is tough because they’re deeply ingrained in society. Despite the ACHPR and the Protocol, effective measures for application and ratification in African countries are still lacking.

Women, Justice, and Development

Another study looked at how human rights-based approaches (HRBAs) to development in Africa can increase access to women’s rights. This approach combines existing international and local tools to legitimize women’s freedoms within each country. There’s also a study on how an NGO called Women in Law and Development in Africa (WiLDAF) educates women and helps them fight for their rights in their developing countries.