A draft treaty known as the African charter on family, sovereignty and values has been condemned by rights groups as regressive and dangerous. The charter, which was discussed at a conference in Ghana this week, claims that sexual and reproductive health and rights pose an existential threat to the African family. It urges states to withdraw from international agreements that conflict with its principles, including the 2003 Maputo protocol on women's rights.
The charter is the first attempt to create a continent-wide legal framework based on moralistic rather than rights-based principles. It rejects comprehensive sex education, asserting that it sexualises children, and declares that gender is strictly male or female. It also states that parental rights override children's rights, including on matters of sexuality and discipline.
Critics, including African legal experts and LGBTQ+ advocates, argue that the charter undermines existing commitments on reproductive health and LGBTQ rights. Gilbert Mitullah, a Kenyan lawyer, described it as a licence to oppose and regress on these issues. The charter was drafted by a group of lawmakers led by Ugandan government ministers at the annual inter-parliamentary conference on family values and sovereignty.
The conference, held in Ghana for the first time, aimed to gather support to take the charter to the African Union general assembly in February for a vote. The Initiative for Strategic Litigation in Africa (ISLA) warned that prioritising the family over the individual could legitimise the subordination of women and children. Lakshita Kanhiya, a legal officer at ISLA, said women and children would no longer be safe under such a framework.
The charter has been linked to conservative Christian organisations from the US and Europe that oppose abortion and LGBTQ+ rights. Famia Nkansa of Purposeful, a Sierra Leone-based organisation, said anti-rights activity in Africa is an extension of colonial influence. The annual conferences have been supported by Family Watch International, a US-based Christian lobbying group that opposes abortion and comprehensive sex education.
