Beyond the ceremony: Historic AU Convention on GBV sparks hope—and scepticism
This photo taken on February 12, 2025 shows a statue of Haile Selassie I, at the African Union (AU) headquarters in Addis Ababa, Ethiopia. The AU has adopted a new Convention on ending violence against women and girls, creating a legally binding framework for member states.
What you need to know:
- The AU's new GBV convention aims to combat violence against women, but concerns remain about political will and its effectiveness.
- While Africa's first binding GBV treaty is celebrated, skeptics question its necessity given existing laws like the Maputo Protocol.
Miriam* doesn’t know much about laws. But one thing she knows for sure is the injustice her daughter suffered, having been defiled at just three years by a flood evictee early last year in Busia County.
“I understand perpetrators of sexual violence are taken to court because there exists a law that prohibits that from happening. But why did that (incident) happen to my daughter?” asks the 23-year-old mother.
“Will that new framework bring any change to the life of my daughter? Will it mandate the government to provide her with free counselling and medication until she completely heals? Will my daughter and I receive compensation for the horror we have suffered?”
As such, the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), adopted by the heads of African governments on Sunday, would mean something if it brings her daughter justice, healing, and reparation.
“This is a pivotal moment for gender equality in Africa,” says Anna Mutavati, regional director at UN Women East and Southern Africa, in a statement.
“As we mark 30 years since the Beijing Declaration and Platform for Action, we urge the AU member states to act promptly and ratify this convention for it to come into effect. CEVAWG builds on existing frameworks such as the Convention on the Elimination of All Forms of Discrimination against Women and the Maputo Protocol and is tailored to address contemporary challenges and the intersection between customary and formal legal systems.”
While civil society and rights groups have praised the African Union member states for passing the convention, now marked as a historic moment for bringing to life the continent’s first dedicated legally binding framework for ending all forms of violence against women and girls, many, like Miriam, question the actual change it will bring.
Countries already have domestic instruments that they are either not implementing or struggling to implement due to a lack of funding. Kenya, for instance, has multiple related laws, including the Sexual Offences Act (2006), Prohibition of Female Genital Mutilation (2011), Protection against Domestic Violence (2015), and the Children Act (2022).
“In our context, we have too many laws, but then the question has always been: Where is the political goodwill to have financial investments to implement them?” observes Wangu Kanja, who has since 2005 run an eponymous foundation working towards the prevention, protection, and response to sexual violence in Kenya.
Dr Nany Barasa, the chairperson of the Presidential Working Group on Gender-Based Violence (GBV), including femicide, noted that the convention could provide some light on combating the social problem in Kenya.
“In Kenya, we boast some of the most progressive laws and a constitution that guarantees women and men equality and non-discrimination…So what is the problem? Why are we facing these escalated cases of GBV, including femicide?” she asked during a high-level side event of the African Women Leaders Network at the 38th Ordinary Session of the Assembly of the AU on February 14, 2025.
“We are happy that we have this opportunity for the African Union to adopt this convention, and we appreciate it because it might just give some answers to the present dilemma as a country.”
The convening brought together African women leaders and a circle of champions advocating the adoption of the convention through positive masculinity. However, rights advocates are concerned about the motive behind the new convention and whether it is merely an attempt to bolster the masculinity of male leaders on the continent. Of the 55 AU countries, only two –Tanzania and Namibia – have women as heads of state and government.
For some rights advocates, the new convention sparks both celebration and scepticism. While it marks a significant acknowledgment of women’s rights, questions linger about its implications for the already established Maputo Protocol.
Jean Paul Murunga, End Sexual Violence programme officer at Equality Now, noted that the Maputo Protocol, regarded as one of the most progressive legal frameworks for women’s rights in Africa, was met with resistance from governments because of its strong provisions. “It was elaborate and progressive,” explains the experienced lawyer and human rights advocate.
“It talked about issues like discouraging polygamy, widows’ inheritance, the protection of elderly women, and sexual and reproductive health rights, including the thorny issue of safe abortion. True to that, many governments made reservations about that article, including Kenya.”
The emergence of the new convention was not necessarily out of goodwill, he observes.
“While we celebrate the convention, we must also recognise that it was not purely driven by the intention to better protect women and girls. It was partly a reaction to the Maputo Protocol pushing governments too far, particularly on sexual and reproductive health rights, child marriage, and female genital mutilation.”
He said reservations made by several African countries, particularly in northern Africa, further highlight the political tensions surrounding these issues. “For instance, some countries declined to support the provision on child marriage, arguing that marriage is not about age but about puberty. This means that while the Maputo Protocol sought to set 18 years as the minimum age for marriage, some states allowed marriages as young as 14, 12, or even 9, which is unfortunate.”
The political landscape in Africa further complicates matters. “We’ve seen hostilities between countries like the DRC and South Africa, as well as political divisions within the African Union. Even in Kenya, there have been calls to divide the African Union into two, which is worrying. Such divisions hinder the unity needed to implement this convention effectively,” he observes.
While there is some optimism, advocates remain cautious. “We are celebrating this convention because it acknowledges the issues we have been fighting for. However, we are also questioning why a new process had to be initiated when we were already pushing for the universal ratification of the Maputo Protocol. Did we really need to start over? These are some of the thoughts running through our minds as we mark this milestone,” he concludes.
*Name of woman changed to protect the privacy of her daughter.