Deborah Nyokabi speaking at the 81st African Commission on Human & Peoples' Rights

By Deborah Nyokabi
NAIROBI, Kenya, May 25 2026 (IPS)

The theme of Africa Day 2026, “63 years of unity, integration and development,” offers a stark reminder of the gap that often exists between rhetoric and reality. While commendable regional legal frameworks have advanced legal protections for millions of women and girls, injustice remains written into the fabric of national family laws in many African countries, entrenching gender inequality in the home.

Such is the reality for the young woman in Kampala whose marriage was never legally registered and who, in the eyes of the State, does not exist as a wife.

For the woman in Lagos whose husband took their children after a divorce she did not want, and the law backed him.

For the Muslim widow in Nairobi who cannot inherit the home she shared with her husband for thirty years because property passes to his male relatives.

How the global anti-rights movement is targeting women’s rights in Africa

African countries have made laudable advances in legal rights for women and girls, but many laws governing marriage, divorce, child custody, and inheritance remain stubbornly unequal.

Deborah Nyokabi

Reform remains slow, uneven, and increasingly obstructed by a coordinated anti-rights movement that includes transnational ultra-conservative Christian organisations, populist political actors from the Global North, billionaire-funded conservative foundations, and right-wing think tanks and legal advocacy groups. They have found fertile ground in Africa, forging alliances with conservative organisations, religious leaders, and politicians who promote illiberal agendas.

Operating in plain sight and dressed in the language of culture, tradition, and sovereignty, these groups target parliaments, constitutional drafting processes, and regional human rights bodies. They draft model legislation, deploy strategic litigation, lobby policymakers, and cultivate relationships with heads of state and cabinet ministers.

They infiltrate international and regional human rights spaces to weaken protections, and run expensive communications campaigns while channeling cross-border funding to local organisations to portray coordinated efforts as grassroots.

Anti-rights groups seeking to reshape African policy

At the second Pan-African Conference on Family Values, held in Nairobi in May 2025, a declaration was adopted calling the family “not a flexible or negotiable construct” and committing to translate their discriminative doctrine into enforceable laws and regional partnerships. High-ranking Kenyan government officials delivered the opening and closing addresses.

The conference was co-sponsored by Family Watch International, C-Fam, and the Alliance Defending Freedom, all of whom served on the advisory committee of Project 2025, an initiative by the US-based Heritage Foundation seeking to roll back reproductive rights, LGBTQ+ rights, and diversity initiatives. These are not fringe actors. They are well-funded, politically connected, and pushing into the mainstream.

These groups have also drafted a proposed African Charter on Family, Sovereignty, and Values, which undermines gender equality by rejecting universal definitions of gender, sexuality, and sexual and reproductive health rights. Tabled at an inter-parliamentary conference in Entebbe in 2025, it calls for withdrawal from international human rights instruments and seeks to shield states from obligations under the Maputo Protocol, the African Union’s legally-binding women’s rights treaty.

Applications for observer status at the African Commission on Human and Peoples’ Rights from organisations such as the Alliance Defending Freedom signal an intent to infiltrate the very bodies designed to hold States accountable to their obligation to ensure equality, including in the family.

Harmful bills pass fast while equality bills stall

One of the most devastating patterns is the speed at which homophobic ‘family protection’ legislation moves, while paralysis grips laws to advance gender equality. In Uganda, the Anti-Homosexuality Act was passed in under three months. In Ghana, lawmakers are promoting the Human Sexual Rights and Family Values Bill; in Kenya, political support for the Family Protection Bill is growing. Backed by far-right organisations in the US, these bills seek to criminalise sexual minorities and promote a rigid, exclusionary vision of the family centred on heterosexual marriage and conservative social structures.

Meanwhile, family law reform bills that would give women equal rights in marriage, divorce, and custody have stalled for decades in Uganda, Cameroon, and Ghana. The contrast is not coincidental. The same movement blocking equality for women and girls in family laws is the one pushing legislation against LGBTQI+ people. It uses the same language: family values, cultural integrity, sovereignty, national cohesion. But when you trace the money and the actors, the strategy becomes clear. The goal is not to protect the family. It is to protect the patriarchy within it.

How African civil society and coalitions are fighting back

None of this goes unanswered.

When the Pan-African Conference on Family Values convened in Nairobi, over twenty Kenyan human rights organisations petitioned for the venue to refuse to host it. Billboards celebrating diverse families lined the road from the airport. Activists disrupted the social media narrative and organised in the streets.

Strategic litigation has compelled the government to reinstate safe abortion guidelines in Kenya. International coalitions, including African women, have pushed back against anti-rights infiltration at the UN’s Commission on the Status of Women. Survivors, lawyers, activists, and advocates are refusing to cede ground.

Working in coalitions is one of the most powerful tools available to those defending gender equality. The anti-rights movement succeeds in part because it is coordinated across borders, sectors, and institutions. The response must be equally organised. Equality Now’s coalition work is grounded in this understanding. Through the Africa Family Law Network, we join with civil society organisations, legal networks, faith communities, survivor advocates, and parliamentarians to build and sustain a stronger common front.

What African governments must do to reform family laws

This year’s Africa Day should serve as a call to action to prioritise family law reform. We are at a perilous moment of global regression in women’s rights, where hard-won legal safeguards are being deliberately dismantled. Discriminatory family law sits at the heart of that regression. The ask is not complicated. The political will is what is missing. We stand ready to work with you to change that:

To the African Union: Advocate for the universal ratification and implementation of the Maputo Protocol, a floor, not a ceiling. Push for lifting of reservations on equality in marriage, family, and reproductive rights by member states. Resist attempts to water down its provisions through model reservations crafted by anti-rights legal networks.

To African parliaments and parliamentarians: Reform discriminatory laws on marriage registration, equal divorce rights, child custody, and inheritance that have been stalled for too long. Every year of inaction is a year of harm. Do not allow parliaments to be used as platforms for movements that entrench inequality in the family under the disguise of protecting it.

To African governments: Enforce the Maputo Protocol, and ratify if not already undertaken. Conduct awareness-raising campaigns on family law rights. Invest in legal aid that reaches women in rural communities and informal settlements. Allocate sufficient budgets to gender equality and family law reform. Recognise unpaid care work. National family protection policies must protect all family members, not only those who fit a narrow ideological template.

To civil society, lawyers, journalists, and advocates: Build and sustain coalitions across borders. Expose the funding and actors behind anti-rights campaigns. Tell the stories of the women these laws fail. Make the abstract concrete. Keep going.

“Until family laws are equal, there is no equality in African society.”

This Africa Day, let us be clear about what we are celebrating, and honest about what still needs to change.

Deborah Nyokabi is a Legal Advisor on Legal Equality at Equality Now, a global human rights organisation dedicated to ending discrimination against all women and girls. She is based in Nairobi, Kenya.

IPS UN Bureau

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Excerpt:

Credit: Equality Now

By Deborah Nyokabi
NAIROBI, Kenya, Jul 24 2024 (IPS)

Thandi*, a 14-year-old girl from Malawi, is both a child and a mother. After she and her siblings were orphaned, they were left in the care of their grandmother, who struggled to provide for them.

Thandi recalls with sorrow how two years ago, her grandmother ‘sold’ her to a much older man for a bride price of 15,000 Malawian Kwacha (approximately USD $8.65). This meager sum was only enough to buy a week’s worth of food for the family.

Forced to drop out of school to become a wife, Thandi’s dreams of education were abruptly curtailed when she left education in Standard 7 (Grade 6). She explains, “Watching my friends continue with their schooling while I grappled with the challenges of marriage has left lasting scars.”

Over 6,000 kilometers away in Nigeria’s north-western Niger State, at the end of May 2024, the local government orchestrated marriages for 100 young women. Most were orphans who lost parents in the frequent bandit attacks that plague the region. Local officials claim that all the brides were aged over 18, but there are serious concerns that many were minors.

Child marriage remains widespread across Africa

A new report by Equality Now, Gender Inequality in Family Laws in Africa: An Overview of Key Trends in Select Countries, reveals pervasive discrimination in family laws across Africa, where child marriage remains widespread.

The continent is home to 127 million child brides. Although global rates of child marriage have declined from 23% to 19%, current trends suggest that by 2050, nearly half of the world’s child brides will be African.

The causes of child marriage are multifaceted. Challenges such as climate crisis, conflict, and socio-economic instability disproportionately affect women and girls, putting them at greater risk of human rights violations.

Rather than addressing systemic issues like poverty, sexual violence, and poor access to social support and reproductive healthcare, communities often resort to marrying girls off.

Governments are failing to protect girls

As in Thandi’s case, child marriage is commonly treated as a socio-economic band-aid. In her home country of Malawi, the practice has been completely illegal since 2017, when the government took the commendable step of raising the age of marriage to 18 for both boys and girls without exception.

However, child marriage remains widespread amongst a population that has over 70% living below the international poverty line, with 2020 data showing that 38% were married before the age of 18,

The situation is similar in other African countries. Niger is reported to have the world’s highest rate of child marriage among girls, with 76% married before 18. While in Mauritania, World Bank research cited that girls from the poorest households are almost twice as likely to marry compared to those living in the richest households.

Child marriage reinforces gender inequality, with girls viewed primarily as wives and mothers. What is especially concerning is how these harmful societal norms are sometimes state-backed by governments less willing to uphold girls’ rights.

In Mali, a watershed judgment by the African Court on Human and Peoples’ Rights in 2018 found Mali’s Personal and Family Code, which allows girls to marry at 15 or 16 while setting the same for boys at 18, violated Mali’s international and regional human rights obligations.

The African Court directed Mali to revise its Family Code to set the minimum age of marriage for both girls and boys at 18. Mali’s government has not yet implemented the judgment, rendering girls vulnerable to becoming child brides.

In Tanzania, a landmark judgment in 2016 mandated the government to set the minimum age of marriage for both boys and girls at 18, but Tanzania has yet to amend the Law of Marriage Act. This failure to enforce the judgment is leaving girls unprotected and is compounded by challenges that pregnant girls and adolescent mothers face in accessing education.

Tanzania’s long-term policy of expelling pregnant students from school was ruled by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in 2022 to be a violation of girls’ human rights.

While the government has subsequently officially withdrawn this policy, the provisions in the Education Act that authorise exclusion from school of girls who are married, pregnant, or mothers remains unchanged, and there are serious concerns about the impact of Tanzania’s failure to fully implement ACERWC’s decision.

Girls across Africa who become pregnant may face the trauma of being forced to marry as a way to uphold family “honour” and avoid the social stigma associated with pregnancy outside of wedlock.

A cycle of abuse is perpetuated with young wives often denied access to education and economic opportunities, leaving them dependent on their husbands and in-laws. This makes them more susceptible to domestic violence and limits their ability to seek help or escape abuse.

African States have legal obligations to protect girls from early marriage

Child marriage is a gross violation of human rights and is prohibited by Article 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 6 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), and Article 21 (2) of the African Charter on the Rights and Welfare of the Child (the African Children’s Charter).

The Constitutive Act, which established the African Union, recognizes the promotion of gender equality as a fundamental principle of the Union. Guidance on how Member States can end child marriage is provided by instruments such as the Joint General Comment of the African Commission on Human and Peoples’ Rights (ACHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on Ending Child Marriage.

The Southern African Development Community (SADC) Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage is another great source for states to consider.

Government progress has been slow and inconsistent

Equality Now’s family laws report notes laudable progress, with comprehensive bans on marriage under 18 years introduced in various countries, including Côte d’Ivoire, the Democratic Republic of Congo, Egypt, Kenya, Malawi, Mozambique, and The Gambia.

However, progress overall has been protracted, inconsistent, and impeded by setbacks, insufficient political will, and weak implementation. Challenges are compounded by the plural legal systems in many African countries, where religious and customary legal provisions often contradict regional and international human rights standards.

In countries such as Cameroon, Nigeria, Senegal, South Sudan, Sudan, and Tanzania, discriminatory age limit provisions permit girls to be married younger than boys, while in nations including Angola, Algeria, and Tunisia, exceptions on civil or customary grounds remain.

Education is a remedy for child marriage

Urgent action is needed by 2030 to ensure all girls complete a full cycle of basic education. African leaders must work fast to develop and accelerate the implementation of progressive education policies that align and integrate with laws and policies addressing child marriage.

Strengthening legal frameworks to ensure the minimum age of marriage is set at 18 without exceptions is essential. Prosecution and punishment of perpetrators should be accompanied by behavior change campaigns that shift social norms and raise awareness about the harms of early on girls, their children, and the wider society.

Underpinning this all should be the application of a multi-sectoral approach entailing coordinated efforts across multiple sectors, including the state and civil society. Government policy and funding must prioritize women’s rights and define the responsibilities of different government arms, including health, finance, justice, social welfare, youth, and education agencies.

Providing scholarships and financial incentives, such as conditional cash transfers, can help keep girls in school and diminish the economic incentives for early marriage. Rwanda is a good example, having achieved significant increases in girls’ school enrolment and a corresponding decrease in child marriage.

The country has made education free and compulsory through secondary school, and the state is investing heavily in teacher training and school infrastructure.

Another noteworthy case is Ethiopia’s investment in the Berhane Hewan programme, which combines education with community awareness. Girls who participated were 90% less likely to be married before the age of 15 compared to those not in the programme.

Enhancing the capacity to collect, analyse, and use sex-disaggregated data for policymaking is also crucial for informed decisions. This data can highlight disparities and guide targeted interventions.

Moreover, implementing education programs that include comprehensive sex education is vital. Such programs empower girls with knowledge about reproductive health and their rights, thereby reducing rates of child marriage and early pregnancies.

In Mozambique, the Gender Strategy for the Education Sector aims to create equal rights and opportunities for girls in the education sector. While a strategy like this is geared towards equality in education, if data collection around child marriages is incorporated it can produce results on strategy’s impact on child marriage.

Governments must tackle the root causes of child marriage

To genuinely protect and empower young women, governments must address the underlying causes of girls’ vulnerabilities. This includes tackling drivers such as conflict and climate crisis, improving social protection systems, introducing legal reforms to prohibit child marriage without exception, and ensuring the effective implementation of laws.

Efforts must also be made to challenge and change harmful cultural and religious practices that undermine the rights of women and girls.

Critically, African Union Member States must universally ratify and implement the Maputo Protocol and the African Children’s Charter. To adequately equip girls to thrive in the 21st century, they must also discharge the education and gender equality obligations they have committed to under Agenda 2063 and Africa’s Agenda for Children 2040.

*Thandi is not her real name.

Deborah Nyokabi is Gender Policy Expert, Equality Now.

IPS UN Bureau

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