Baobab for Women’s Human Rights (BAOBAB), Nigeria’s leading women human rights ofganisation, has warned African governments that any attempt to pause the ratification of the African Union Convention on Ending Violence Against Women and Girls (AU-CEVAWG) would cause more harm than good.
BAOBAB, in a statement issued today in Abuja said even as it acknowledges and shares the
concerns regarding the procedural transparency and substantive gaps identified in the Convention, a pause in its ratification signals a strategic error that threatens to deny
millions of African women and girls immediate and specialized legal protection.
“For the significant number of African governments that have resisted ratifying the Maputo Protocol for over two decades, the CEVAWG represents an unprecedented opportunity to secure a new, focused legal instrument against Violence Against Women and Girls (VAWG), ” the organisation said in a statement signed by its Executive Director Bunmi Dipo-Salami.” Halting this progress now is counter-productive and risks a prolonged stalemate —a luxury women facing violence cannot afford.”
BAOBAB noted that the AU-CEVAWG builds upon the legacy of the Maputo Protocol by reinforcing and extending its commitments, offering protection against specific forms of Gender based Violence, including from digital platforms on in the economic and workplace spheres.
“The Convention provides explicit definitions and obligations for addressing contemporary threats like Femicide and violence in
Cyberspace,” BAOBAB said. “It is unique in addressing violence in both the formal and
informal world of work, which is critical for the majority of African women.
“It establishes a Survivor-Centred Approach and mandates Gender-Responsive Budgeting.”
The organisation cautioned that the argument to pause goes against the current reality of VAWG in Africa, noting that the theme
of this year’s 16 Days of Activism, focusing on technology-facilitated violence, is an urgent
reminder that the nature of abuse is evolving faster than our laws.
“The AU-CEVAWG is the first African instrument to explicitly address this modern threat:
Article 1 (Definitions) provides clear definitions and obligations for addressing violence in
Cyberspace, a crucial and modern step that no other African treaty has taken. Pausing
ratification means deferring the use of the most current legal tool we possess to address online
harassment, sextortion, and image-based abuse, leaving victims exposed to the newest and most rapidly spreading forms of gender-based violence”.
Embracing Critique, Demanding Ratification
BAOBAB further noted that the critique put forward in the review of the AU-CEVAWG in October was designed to identify strengths and areas for strengthening.
“We embrace the critical analysis that identifies
gaps, such as the reliance on the general term “Harmful Practices” (instead of explicitly
naming Child Marriage and FGM), and the risk of overburdening the African Commission
on Human and Peoples’ Rights (ACHPR). The review is a roadmap for implementation, not
a reason for rejection, and it ultimately calls for all Member States to “ratify, domesticate,
and fully implement the AU-CEVAWG”.
“However, our collective strength lies not in paralyzing the process, but in a strategy of Ratify and Strengthen through national laws and progressive interpretation. The Convention
contains its own legal remedy: Article 15 (Safeguard Clause). This is a powerful supremacy clause that mandates that if there is a conflict in interpretation, the provision that “most favours the realisation of ending all forms of violence shall prevail.
“Civil society must use this clause to aggressively push for the highest standards during the domestication and
judicial application phases.
A Unified Call to Action
BAOBAB therefore called on all civil society partners to reconsider this call for a pause, saying a unified front must be a demand for immediate ratification coupled with an aggressive, coordinated strategy for strengthening the Convention.
“We propose a three-pronged immediate Call to Action:
Accelerate Ratification: Mobilize political pressure on all Member States to sign and
ratify the AU-CEVAWG immediately, securing the essential legal floor of protection for
all women and girls.
Strategic Domestication: Demand that governments use the national domestication
process to explicitly legislate the acknowledged gaps, including the clear criminalization of FGM and Child Marriage, and ensuring inclusive protections for all marginalized women and girls.
Resource the ACHPR: Lobby the African Union and Member States to provide immediate and sufficient additional resources and specialized technical capacity to the African Commission on Human and Peoples’ Rights (ACHPR), ensuring
the monitoring body is fully equipped to handle its new mandate under Article 14.
“We must transform our advocacy from fighting the document to using the document to
ensure that every woman and girl in Africa lives free from violence, discrimination, and fear.
The stakes are too high to pause.”
