The Promise and Challenges of the African Union Convention on Ending Violence Against Women and Girls

The Promise and Challenges of the African Union Convention on Ending Violence Against Women and Girls.

 

Written by:Naledi Selebano

The participation of the Commission for Gender Equality (CGE) in the 85th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), held from 21-30 October 2025 in Banjul, provided an important opportunity to engage critically with one of the continent’s most recent legal developments, the African Union Convention on Ending Violence Against Women and Girls (2025). The CGE delegation participated in high-level discussions that moved beyond formal endorsement and into a deeper interrogation of the Convention’s value, limitations, and future trajectory. These engagements, particularly those involving the Special Rapporteur on the Rights of Women in Africa (SRRWA), Hon. Janet Ramatoulie Sallah-Njie, highlighted both the promise of the Convention and the urgency of addressing its gaps in a manner that is progressive, pragmatic, and grounded in lived realities.

At its core, the Convention represents a significant advancement in the African human rights architecture. For the first time, the continent has a dedicated and comprehensive legal instrument focused exclusively on violence against women and girls (VAWG). This is not merely a technical achievement, as it is a political statement that recognises the scale and severity of gender-based violence across Africa. Delegates at the session reflected on how the Convention moves beyond earlier frameworks, such as the Maputo Protocol, by centring VAWG as a standalone priority, thereby elevating it from a subset of broader gender equality concerns to a critical human rights issue requiring targeted and coordinated intervention.

Importantly, the Convention resonates deeply with the lived experiences of women and girls across the continent. The discussions in Banjul repeatedly returned to the realities that underpin the need for such a framework, that is women experiencing violence in their homes with little recourse to justice; girls subjected to harmful practices such as child marriage and female genital mutilation; survivors of conflict-related sexual violence in regions such as the Democratic Republic of Congo and Sudan; and young women facing new forms of harm in digital spaces. These realities humanise the Convention and underscore that its relevance is not abstract, but rooted in the daily struggles of individuals whose dignity and safety remain under threat.

The Convention’s value lies in its ability to capture the evolving nature of violence, as it recognises forms of harm such as psychological abuse, economic coercion, femicide, and technology-facilitated violence. It reflects a more contemporary and holistic understanding of VAWG, which was widely welcomed by delegates, particularly in light of the growing prevalence of online harassment and digital abuse targeting women and girls. The inclusion of these emerging dimensions ensures that the Convention is not confined to outdated conceptions of violence, but instead remains responsive to shifting social and technological realities.

Equally important is the Convention’s emphasis on structural drivers of violence. The framework acknowledges that VAWG is rooted in systemic inequality, harmful gender norms, and entrenched power imbalances, moving towards a more transformative model of intervention, which aligns with broader continental commitments such as Agenda 2063 and the AU Strategy for Gender Equality and Women’s Empowerment. This signals an intention to address not only the symptoms of violence but also its underlying causes. In this regard, the Convention offers a framework that is both preventative and restorative, encouraging states to tackle the social conditions that enable violence to persist.

However, the discussions at the ACHPR, and particularly the reflections of the Special Rapporteur, also highlighted that progress must be accompanied by critical engagement. Hon. Sallah-Njie’s intervention was instructive in this regard. While acknowledging the validity of the critiques raised by delegates, she emphasised that the Convention is the product of complex negotiations and represents a significant compromise between diverse state interests. Her caution serves as an important reminder that continental instruments are often incremental, reflecting what is politically achievable at a given moment rather than a complete articulation of ideal standards.

At the same time, the concerns raised by delegates cannot be overlooked. One of the most pressing issues relates to the strength of state obligations within the Convention. Compared to the Maputo Protocol, which contains clear and binding language requiring states to enact and enforce measures to eliminate violence, the Convention is often framed in more aspirational terms. This creates ambiguity around what is legally required, potentially weakening accountability and limiting its capacity to drive concrete reforms. For many participants, this gap raised a critical question: how can states be held accountable if obligations are not clearly defined?

Closely linked to this is the issue of monitoring and enforcement. The Convention relies heavily on existing AU mechanisms, particularly the African Commission on Human and Peoples’ Rights, for oversight. While this approach may ensure institutional continuity, it also raises concerns about capacity and effectiveness. The African human rights system has long been constrained by resource limitations and weak enforcement powers, and there is a risk that the Convention may replicate these challenges if additional mechanisms are not developed. Without stronger accountability frameworks, there is a danger that the Convention may become symbolically important but practically under-implemented.

Another area of concern is that while the Convention adopts a broad and inclusive approach to violence, there are gaps in its treatment of intersectionality and marginalisation. Delegates noted that the instrument could have gone further in addressing the specific vulnerabilities of women with disabilities, migrants, women in rural communities, and gender-diverse persons. In a continent characterised by diverse and overlapping forms of inequality, a more explicit engagement with intersectionality would have strengthened the Convention’s relevance and impact. Another missed opportunity was to address obstetric violence, which is a critical form of violence against women and girls that is often overlooked.

Yet, despite these shortcomings, the prevailing view emerging from the session was not one of dismissal, but of constructive engagement and progressive realisation. The Convention should be seen as a living instrument, one that can be strengthened through interpretation, domestication, and implementation over time. The Special Rapporteur’s call to appreciate the strides made, while simultaneously pushing for improvement, reflects a balanced and pragmatic approach that is essential for advancing gender justice within the constraints of continental governance.

Ultimately, the true measure of the Convention will lie in its impact on the lives of women and girls. Legal frameworks, no matter how well designed, hold little value if they do not translate into tangible change. For a woman experiencing domestic violence, the question is not whether a convention exists, but whether she can access protection and justice. For a girl at risk of early marriage, it is whether the law can intervene to safeguard her future. For survivors of violence, it is whether systems of support are accessible, responsive, and adequately resourced.

In this context, the task ahead is clear, that states must move beyond signature to meaningful ratification and domestication, ensuring that the Convention is integrated into national legal and policy frameworks. At the same time, regional mechanisms must be capacitated to provide effective oversight, and civil society must continue to play a critical role in holding states accountable.

In conclusion, the African Union Convention on Ending Violence Against Women and Girls represents both a milestone and a work in progress. It is a testament to the continent’s commitment to addressing one of its most pervasive human rights challenges, but it is also a reminder that legal progress is often uneven and incomplete. Through valuing the insights of the Special Rapporteur and embracing a process of continuous improvement, stakeholders can ensure that the Convention evolves into a more robust and effective tool for protecting the rights and dignity of women and girls across Africa.