In a significant development for human rights on the continent, Ghana recently hosted a contentious conference where African lawmakers advanced a draft charter that challenges established international human rights norms. Spearheaded by the parliamentary speaker, Alban Bagbin, the meeting saw representatives from twenty nations convene to discuss a proposed African charter that asserts a moralistic framework for family values, which critics argue undermines fundamental reproductive and sexual rights.
A Shift Towards Moralism
The draft charter, entitled the African Charter on Family, Sovereignty, and Values, posits that African cultural integrity is under threat from “foreign ideologies.” In its text, the charter calls for member states to extricate themselves from any international agreements that conflict with its principles, specifically targeting the 2003 Maputo Protocol, which advocates for gender equality and the protection of women’s reproductive rights.
This charter marks a pivotal moment as it attempts to establish a continent-wide legal foundation rooted in a moralistic rather than a rights-based perspective. It controversially claims that sexual and reproductive health rights pose a fundamental threat to the African family, while also misrepresenting policies surrounding these rights as promoting unrestricted access to abortion.
Rejection of Comprehensive Education
Among its more alarming provisions, the draft charter denounces comprehensive sex education (CSE), labelling it as harmful and suggestive of sexualising children. It also asserts a binary view of gender as strictly male or female and prioritises parental authority over the rights of children, particularly concerning matters of sexuality and discipline.
Legal experts and advocates for reproductive rights have vehemently condemned the charter as regressive. Gilbert Mitullah, an attorney from Kenya and member of the Queer African Network, described the draft as a “licence to oppose” existing commitments to sexual and reproductive health, as well as LGBTQ+ rights. He warns that it could dismantle the hard-earned protections established under the Maputo Protocol.
The Conference’s Controversial Agenda
The recent conference, held for the first time in Ghana, aimed to secure enough backing for the charter to present it at the African Union’s general assembly next February, where it is expected to be put to a vote. Critics have pointed out that the charter’s narrowly defined notion of family—predicated solely on heterosexual marriage—fails to reflect the vast diversity of familial structures prevalent across Africa’s fifty-four nations.
An analysis by the Initiative for Strategic Litigation in Africa (ISLA) argues that prioritising family values over individual rights risks normalising the oppression of women and children. Lakshita Kanhiya, a legal officer at ISLA, expressed grave concerns about the implications for safety and autonomy, stating, “Women will no longer be safe; children will not be safe.”
The Influence of External Forces
The charter has drawn criticism not only for its content but also for its roots in conservative ideologies often associated with external, particularly Western, influences. Famia Nkansa, communications lead at Purposeful, a Sierra Leone-based organisation advocating for girls’ rights, articulated that the anti-rights movement in Africa is part of a broader narrative where the continent serves as a battleground for ideological conflicts initiated by Western powers.
Mitullah further highlighted the charter’s connection to international anti-abortion campaigns, noting that it cites the Geneva Consensus Declaration, an anti-abortion manifesto linked to former Trump administration advisor Valerie Huber. He characterised the charter as a product of a transnational network, suggesting that African signatories are being used to lend it a veneer of indigenous authenticity.
Why it Matters
This emerging charter represents a critical juncture for human rights in Africa. By attempting to redefine family values within a framework that diminishes individual rights and autonomy, it risks reversing progress made in the realms of gender equality and reproductive health. As nations grapple with these issues, the outcome of this charter could have far-reaching implications, not only for African societies but also for the global human rights landscape. The pushback from civil society and advocacy groups will be crucial in determining whether this regressive agenda gains traction or is met with staunch resistance.