The recent discussions on family law reform in Africa highlighted its critical role in enhancing access to quality education for women and girls. Linnet Wairimu Ng’ayu, Coordinator of the Africa Family Law Network (AFLN), emphasized that family law is essential for regulating relationships and protecting the rights of individuals, particularly through instruments like the MAPUTO Protocol, which aims to safeguard women and girls from discrimination and violence.
Hon. Commissioner Janet Ramatoulie Sallah-Njie, Special Rapporteur on the Rights of Women in Africa, underscored the necessity of equal educational opportunities for women and girls. She pointed out that entrenched patriarchal structures often view women as property, which hinders their access to education and empowerment. Citing Article 18 of the African Charter, she called for stronger legal frameworks to combat sexual and gender-based violence (SGBV). Sallah-Njie advocated for a multisectoral approach to support victims, enhance capacity among security personnel, and involve traditional and religious leaders in addressing these issues. She also recommended strategic litigation to challenge unjust legal decisions affecting women.
Deborah Nyokabi, Program Officer at Equality Now, highlighted the disparities in family law across African nations, noting that only 9 out of 20 countries have achieved family equality. She pointed out significant gaps within legal systems that often fail to hold perpetrators of sexual violence accountable. Nyokabi called for reforms that align religious and cultural norms with international standards, as well as psycho-social support for victims.
Ms. Anna Jaiteh Bangura, Senior Associate at Torodo Chambers, discussed Gambia’s ratification of CEDAW and the MAPUTO Protocol but noted the persistent prevalence of SGBV. She reported that 46% of women aged 15-49 have experienced violence. Bangura urged for the inclusion of social workers in schools to provide counseling for victims and the development of policies aimed at combating SGBV within educational environments.
Rehema Namukose, Senior Regional Programmes Officer for Musawah, addressed how religious customs often override constitutional provisions in many Muslim communities. She raised concerns about the rise of extremism and its negative impact on gender equality, emphasizing the need to engage Islamic scholars in addressing these challenges.
Faizat Badmus-Busari, Regional Programme Manager at SIHA Network, shared her experiences advocating for legal reforms in Sudan, South Sudan, Uganda, and Ethiopia. She discussed efforts to amend oppressive laws, including those permitting death by stoning for adultery. Badmus-Busari stressed the importance of training women to navigate Sharia courts effectively and collaborating with progressive religious scholars to promote gender equality.
The panel discussion clearly indicates that reforming family law is crucial not only for protecting women’s rights but also for ensuring equitable access to education across Africa. By addressing systemic barriers and fostering an inclusive legal framework, stakeholders can significantly enhance educational opportunities for women and girls, paving the way for a more equitable society. Engaging with these issues is vital as we strive towards achieving sustainable development goals related to gender equality and education in Africa.
