In a significant development for human rights in Africa, a draft charter that champions traditional family values while rejecting international human rights obligations is moving closer to implementation. This week, representatives from 20 African nations convened in Accra, Ghana, for a conference that has drawn sharp criticism from human rights advocates, who label the charter as regressive and dangerous.
The Draft Charter and Its Implications
The proposed African charter on family, sovereignty, and values asserts that the continent’s cultural and moral fabric is under siege from “foreign ideologies.” It encourages African states to withdraw from international agreements that do not align with its principles, including the influential 2003 Maputo Protocol, which advocates for gender equality and the protection of women’s reproductive health rights.
This charter represents a novel approach, aiming to establish a continent-wide legal framework grounded in moralistic rather than rights-based perspectives. It controversially claims that sexual and reproductive health and rights threaten the very essence of the African family unit, alleging that such policies promote unrestricted access to abortion. Furthermore, it explicitly denounces comprehensive sex education, citing concerns that it sexualises minors, and posits a binary understanding of gender, asserting that only male and female exist.
Critics have condemned this narrow interpretation of family, which relies predominantly on heterosexual marriage, as a dismissal of the rich diversity that characterises family structures across Africa.
Voices of Dissent
The charter has ignited considerable backlash from various sectors, including legal experts, reproductive rights organisations, and LGBTQ+ advocates. Gilbert Mitullah, a prominent Kenyan lawyer and board member of the Queer African Network, expressed concern that the charter would enable governments to disregard existing commitments to sexual and reproductive health, as well as LGBTQ+ rights. He stated, “It is a licence to oppose, regress on or refuse to implement existing commitments.”
The charter was developed by a core group of lawmakers, particularly led by Ugandan ministers, during an inter-parliamentary conference focused on family values. This year’s conference in Ghana was notable for its ambition to gather enough support to present the charter to the African Union’s general assembly for a vote in February.
The Initiative for Strategic Litigation in Africa (ISLA) has conducted a comprehensive analysis of the charter, warning that its prioritisation of family over individual rights could legitimise the subjugation of women and children, insulating them from state accountability in cases of violence or discrimination. Lakshita Kanhiya, a legal officer at ISLA, underscored the potential dangers, stating, “Women will no longer be safe; children will not be safe.”
The Role of External Influences
The draft charter has also been scrutinised for its apparent alignment with conservative Christian organisations, particularly those based in the United States and Europe that oppose abortion and LGBTQ+ rights. Critics argue that the document’s rhetoric distorts legitimate concerns regarding sovereignty and colonialism, framing progressive policies as forms of neocolonialism. Famia Nkansa, communications lead at Purposeful, a Sierra Leonean organisation focused on girls’ activism, articulated this sentiment, asserting, “Anti-rights activity on the continent is simply an extension and expansion of the same colonial playbook.”
Support for the conference and the draft charter is reportedly underpinned by backing from Family Watch International, a Christian lobbying group known for its anti-abortion stance. The group’s co-founder, Sharon Slater, has publicly maintained that Western nations are attempting to impose a “radical sexual rights agenda,” further complicating the discourse around the charter.
The Path Forward
As the charter heads toward a potential vote at the African Union, its implications for human rights across the continent cannot be overstated. Advocates fear that if adopted, the charter could dismantle existing protections for vulnerable populations, laying the groundwork for increased state control over individual rights and freedoms.
Why it Matters
The ongoing development of this charter illustrates a growing divide in the understanding of human rights within Africa, pitting traditional values against international norms. Should the charter be ratified, it may not only undermine decades of progress regarding gender equality and reproductive rights but also set a precedent for future legislation that prioritises collective family interests over individual liberties. As the continent grapples with these complex issues, the outcome will have profound implications for the future of human rights in Africa.
