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In a significant development for human rights across the continent, representatives from 20 African nations convened in Accra, Ghana, to discuss a proposed charter that challenges established international human rights norms. The draft charter, which asserts that sexual and reproductive rights threaten the traditional family structure, has drawn sharp criticism from various advocacy groups who argue it undermines existing protections for women and LGBTQ+ individuals.
A Shift in Policy Direction
During the opening of the conference, Ghana’s parliamentary speaker, Alban Bagbin, articulated the viewpoint that sexual and reproductive rights infringe upon the sovereignty of African nations. The draft charter, titled the African Charter on Family, Sovereignty, and Values, posits that Western ideologies are attacking African cultural values. It proposes that nations should withdraw from international agreements that conflict with its principles, specifically targeting the 2003 Maputo Protocol that promotes gender equality and safeguards reproductive health rights.
This charter represents a notable shift towards a continent-wide legal framework that prioritises moralistic perspectives over a rights-based approach. It controversially claims that policies supporting sexual and reproductive health are detrimental to the African family, alleging that they encourage abortion on demand. Moreover, the charter opposes comprehensive sex education, asserting that it sexualises children and promotes a binary understanding of gender.
Criticism from Human Rights Advocates
Legal experts and human rights organisations have decried the charter as regressive and harmful. Gilbert Mitullah, a Kenyan lawyer and member of the Queer African Network, described it as a tool for reversing progress on sexual and reproductive health rights and LGBTQ+ protections. He cautioned that it could dismantle existing commitments, including those outlined in the Maputo Protocol, even before receiving official endorsement.
The charter’s formulation has been heavily influenced by a group of lawmakers, primarily from Uganda, during the annual inter-parliamentary conference focusing on family values. Critics argue that the charter’s narrow definition of family, which is strictly based on heterosexual unions, fails to acknowledge the diverse family structures present in Africa’s 54 nations.
Implications for Women and Children
The Initiative for Strategic Litigation in Africa (ISLA) has conducted a thorough analysis of the draft and asserts that its prioritisation of family over individual rights could legitimise the oppression of women and children. Lakshita Kanhiya, a legal officer at ISLA, warned that this could leave vulnerable populations less safe from domestic violence and discrimination, effectively shielding private family matters from state intervention.
Mitullah further emphasised that the rhetoric surrounding “family values” not only grants governments broader powers to intrude into private lives but also serves as a populist strategy that garners votes without delivering meaningful change. The charter has also been critiqued for distorting legitimate discussions surrounding sovereignty and colonialism, reflecting the influence of conservative religious organisations from the West that oppose abortion and LGBTQ+ rights.
The Role of International Influences
The draft charter has received backing from various groups, including Family Watch International, a US-based Christian lobbying organisation that campaigns against abortion and comprehensive sex education. Critics argue that the charter is a manifestation of these external influences, masquerading as an African-led initiative. Mitullah described it as a “transplant” rather than an authentic reflection of African values, noting its connection to documents like the Geneva Consensus Declaration, which opposes abortion.
In response to claims of external involvement, Family Watch International asserted that the charter is an African initiative, although it expressed support for its provisions that limit the dissemination of comprehensive sex education, citing concerns about the sexualisation of children.
Why it Matters
This developing narrative surrounding the African Charter on Family, Sovereignty, and Values signals a pivotal moment for human rights in Africa. As the continent grapples with the tension between traditional values and modern human rights frameworks, the potential adoption of this charter could have far-reaching consequences. It raises critical questions about the rights of individuals versus collective family interests, and the extent to which cultural sovereignty can be invoked to justify the erosion of established human rights protections. As the draft progresses towards a vote at the African Union general assembly, the outcome will undoubtedly shape the future landscape of human rights across the continent.
