A draft treaty aimed at redefining family values and sovereignty in Africa has moved closer to adoption following a recent conference in Accra, Ghana. The proposed charter, which rejects established international human rights norms, has sparked fierce criticism from human rights advocates and legal experts, who warn it poses a significant threat to sexual and reproductive rights across the continent.
A Step Towards a New Legal Framework
The draft charter, labelled the African Charter on Family, Sovereignty, and Values, asserts that African culture is under siege from “foreign ideologies” and calls for member states to withdraw from any international agreements that do not align with its principles. Notably, it seeks to dismantle commitments such as the 2003 Maputo Protocol, which safeguards gender equality and reproductive rights for women and girls.
This charter marks a substantial shift in legal discourse, favouring a moralistic framework over one grounded in individual rights. It controversially claims that sexual and reproductive health rights threaten the very fabric of the African family, inaccurately suggesting that such rights endorse unrestricted access to abortion.
Rejection of Comprehensive Sex Education
Among its many contentious provisions, the charter explicitly rejects comprehensive sex education (CSE), arguing that it sexualises children. Furthermore, it adopts a binary view of gender, asserting that individuals can only be classified as male or female. The charter prioritises parental authority over children’s rights, particularly regarding matters of sexuality and discipline, raising alarm among child rights advocates.
Gilbert Mitullah, a Kenyan legal expert and member of the Queer African Network, condemned the initiative, stating, “It is a licence to oppose, regress on or refuse to implement existing commitments on sexual and reproductive health, and on LGBTQ rights.” He emphasised that the charter’s primary function is to undermine established protections before it is even ratified.
Opposition from Human Rights Groups
The charter’s critics, including various legal and reproductive rights organisations, regard it as a regressive move that neglects the rich diversity of family structures across Africa. An analysis by the Initiative for Strategic Litigation in Africa (ISLA) warns that the charter’s focus on family over individual rights could legitimise the subjugation of women and children, insulating family dynamics from necessary state accountability in cases of violence and discrimination.
Lakshita Kanhiya, a legal officer at ISLA, stated, “Women will no longer be safe; children will not be safe,” highlighting the potential ramifications of such a legal shift. The charter’s narrow definition of family, strictly based on heterosexual unions, fails to acknowledge the varied familial configurations present in Africa’s 54 nations.
The Influence of External Groups
The drafting of this charter was led by a coalition of lawmakers, predominantly from Uganda, during the annual inter-parliamentary conference focused on family values. This year’s meeting, held in Ghana for the first time, aimed to build momentum for the charter ahead of a vote at the African Union’s general assembly scheduled for February 2027.
Critics have pointed out the charter’s language and objectives reflect the influence of conservative Christian organisations from the West, particularly concerning issues like abortion and LGBTQ+ rights. Famia Nkansa, from the Sierra Leone-based organisation Purposeful, remarked that anti-rights initiatives in Africa are reminiscent of colonial tactics, portraying the continent as a battleground for ideological conflicts driven by external powers.
Why it Matters
The potential adoption of this charter could mark a significant regression in human rights across Africa, particularly for women, children, and LGBTQ+ individuals. By prioritising an archaic view of family and sovereignty over established rights, the charter threatens to undermine years of progress in gender equality and reproductive health. It serves as a stark reminder of the ongoing struggle between progressive values and conservative ideologies in shaping the future of human rights on the continent. As the continent grapples with these crucial issues, the outcome of this charter could reverberate far beyond Africa’s borders, influencing global discussions on human rights and sovereignty.
