Rethinking Justice for Survivors: A Critical Analysis of Gender-Based Violence Laws in Africa

Introduction

Gender-based violence (GBV) remains the most frequent form of human rights violation in Africa. This problem is so widespread on the continent that it could be called an epidemic. It includes violence not only against women and children but also other groups, who are mostly marginalized, and this violence includes cases of physical, psychological, sexual and economic abuse. It is worth noting that the problem has extended beyond national boundaries, cultures, and communities. Having said that, it is time to call out the laws and the system that keeps on failing to stop the violence in both their creation and enforcement.

Among the problems that have to be highlighted are those that, in the face of significant legal and institutional advancements, are still present in the majority of African nations. The problem of GBV is broad starting from the case of intimate partner violence and moving on to serious traditional practices such as FGM and child marriage. Multiple abuses are happening in private settings, thus, the infrastructures are failing to have effective interventions.

This article is concentrated on a thorough evaluation of the efficiency of GBV laws in Africa. Using feminist legal theories, international human rights standards, and the experience of women in the region to provide some data and comparisons. The aim of the article is also to examine the situation from the perspective of a victim and to communicate that African legal reforms should primarily speak about the survivors` rights, their well-being, and not leaving the roots of the problem in society.

Gender-Based Violence in the African Context

Gender-based violence in Africa is a deeply rooted issue that is mainly caused by cultural, social, political, and economic factors. A large part of those factors combine with and support each other, thus GBV appears as a complicated problem that may not be understood fully, if intersectionality of gender, class, race, and ethnicity is not considered.

Forms of Gender-Based Violence

The most prevalent forms of GBV in Africa include:

1. Domestic Violence (Intimate Partner Violence): This type of violence is perhaps the most commonly recognized form of GBV. It involves physical, sexual, and emotional abuse that happens within intimate relationships, often behind closed doors. Domestic violence in many African contexts is deeply normalized due to entrenched patriarchal values that view women as subservient to men.¹ Laws in many countries are still slow to recognize marital rape as a criminal act, further reinforcing these harmful norms.²
2. Sexual Violence: Sex offenses perpetrated through rape, sexual assault, and sexual harassment acts are exceedingly rampant throughout the African continent due to a lot of reasons such as lack of perpetrators’ punishment and justice. Some parts of the countries also experience sex violence as a tool of wars and political agendas. This particularly happens mostly in the Democratic Republic of Congo (DRC) during conflicts. Victims of these kinds of abuses are often forced to keep quiet, and the survivors who speak up are faced with great challenges when they try to access judicial services. Additionally, the traditional practices that are sometimes related to a woman’s sexual autonomy being inherited by the married men or her husband, makes justice seem even more difficult for such victims to access.
3. Harmful Traditional Practices: Practices such as female genital mutilation (FGM), early childhood marriages, and widow inheritance continue to affect and poison millions of women and girls across Africa. These practices are often justified by specific cultural norms and backgrounds. Usually, the effects are both physical and mental and may last for a lifetime. While some countries have enacted laws to prohibit such practices, the implementation of these laws is very weak, especially in rural areas where the old beliefs continue to roam deeply ingrained.
4. Economic Violence: The term ‘Economic violence’ embraces the concept of a couple of types of actions that make it impossible for a person to have an income, thus, leaving him/her without resources to maintain his/her family’s economy. Economic violence is the use of economic abuse as a method of maintaining control over the financial resources in a relationship. Such actions as the act of not giving money to a wife, stopping her from working, or even the act of taking away her properties without letting her know are all part of the abuser’s plan. It hinders the woman a lot, not only from the power to make decisions freely but also from the ability to escape such an abusive and terrible situation.

5. Digital Violence: In recent years, the cases of digital violence have become more frequent due to the rise of mobile phones and the use of social media platforms. Survivors of digital violence often face cyberstalking, revenge porn, and online harassment.³ While digital violence is increasingly recognized as a crime, laws governing such offenses are still in their infancy in many African countries.⁴

The Consequences of GBV for Survivors

The range of effects of GBV on survivors does not stop at immediate physical harm. It is well known that many survivors carry the problems and the trauma with them all their lives through depression, post-traumatic stress disorders (PTSD), and anxiety. The stigma surrounding GBV often leads to the marginalization of survivors, pushing them further into social and economic isolation. This not only affects their mental health but also limits their access to basic human rights such as education, healthcare, and employment opportunities.⁵

The consequences of GBV are not an individual problem but a community disaster and a societal concern. The survivors are at a high risk of becoming the victims of economic abuse, therefore, contributing to a cycle of poverty and disenfranchisement which is difficult to break. The long-term effects of GBV hinder national development, as a significant portion of the population is unable to contribute to society due to the trauma of GBV and being voiceless. In addition, GBV is “the invisible wound”, which is has been normalized in many African societies for a long time. The patriarchy, harmful cultures and even religious beliefs are the ones to blame in most cases in as much as it is more than the mere perception of male domination that causes the problem of gender-based violence. The fight against Gender-Based Violence shall involve not only the survivors but also the entire community as GBV is not only a violation of the human rights of women but an obstacle to economic growth and development.

International and Regional Legal Frameworks

It is not only Africa that suffers from GBV. The legal framework has been put in place both internationally and regionally in order to be able to lead and support the fight against violence against women. The major issue left is the implementation process of these frameworks, and making sure they indeed affect women’s life experience in a constructive way as women remain defenseless against the abuse and exploitation of their husbands, the society, and the state even with the existence of specific legislations.

International Legal Instruments

1. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): CEDAW, which was adopted in 1979, is the principal international treaty that deals with the protection of women’s rights. The convention obliges the member states to take “all appropriate measures” for the elimination of discrimination against women, including in the realm of GBV. CEDAW asserts that violence against women shall be viewed as discrimination and thus mandates states to enact laws that make such violence a punishable offense. However, the situation is not uniform in African countries as some of them have not rightly domesticated the law, and some fall short in fulfilling their obligations under the convention.⁶
2. The International Criminal Court (ICC): The ICC is very instrumental in the prosecution of sexual violence that amounts to international crimes, which include war crimes, crimes against humanity, and genocide.⁷ . Undoubtedly, the ICC primarily deals with cases of the most extreme sexual abuse in conflict zones, thus, limiting its jurisdiction. While this is important, it does not address the everyday occurrences of GBV that survivors experience at home.⁸
3. The United Nations Security Council Resolutions on Women, Peace, and Security: and a series of subsequent resolutions highlight two main issues: the role of women in peace processes and their rights and protections in conflict situations. The United Nations Security Council has not only considered sexual violence in conflict to be a tactic of war but has also demanded the prevention and punishment of such acts. Even though these resolutions have become a cornerstone in dealing with violence in conflict zones, the application of their key concepts requires further work as they remain underdeveloped.⁹

Regional Legal Frameworks

1. The Maputo Protocol (2003): The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol, is one of the most detailed regional instrument in Africa outlining protection against GBV. It calls for the elimination of all forms of GBV including harmful traditional practices and requires countries to enact laws that seek to protect women from any form of violence. Despite the fact that many African countries have ratified the Protocol, its practical implementation remains weak as many states have yet to conform to its provisions by aligning their national laws.
2. The African Charter on Human and Peoples’ Rights (1981): The Charter, as the fundamental human right document in Africa, includes provisions on the protection of women’s rights. However, it does not directly deal with the subject of GBV, although the African Commission on Human and People’s Rights has passed resolutions on the matter. The Charter is a means by which African states can be held accountable, but the decisions there are not legally binding, so this limits the impact it causes or any actual changes it helps to bring about.¹⁰
3. The African Union’s Gender Policy and the Solemn Declaration on Gender Equality (2004): The AU has come up with all-round policies while dealing with gender discrimination and GBV. These are important tools that create an atmosphere in which it is easier to protect women’s rights. The problem is that the implementation of the AU’s policy recommendations at the national level is not uniform and the challenges that stand in the way are cultural, economic, and political ones.¹¹
4. Domestic Legal Frameworks: National Responses to GBV African countries have promised their commitment to international agreements and regional frameworks to combat violence against women and girls, but this has been quite the contrary with their internal legal systems. Progress has been made in the legal sector, although a number of difficulties have persisted in some areas like the proper application of laws, the protection of violence survivors and the treatment of the offenders as per the law.

Notable Legal Reforms

1. Rwanda: The substantial improvement in legal reforms addressing GBV is often associated with Rwanda. Through the Law on Prevention and Punishment of Gender Based Violence (2008), the country has criminalized and prescribed punishments for domestic violence, sexual harassment, and many other kinds of violence. Moreover, the role of Isange One-Stop Centers, which are now in every province in Rwanda, is both crucial and critical in enhancing the capacity of the survivor to access different services, inclusive of legal, health, and psychosocial support. Rwanda’s model of GBV legislation is usually regarded as progressive but its impact is still constrained by the challenges of ensuring nationwide implementation, particularly in rural areas.¹²
2. South Africa: Domestic Violence Act (1998) and Sexual Offences Act (2007) are two of the notable laws in Africa in helping to curb gender-based violence in South Africa. The country has also established special courts and police units that work on dealing with GBV cases. Despite these legal steps, the violence ratio in the country remains on a higher note, the patriarchal society has much room to dominate the situation, and the laws are unable to execute the real power. It is clear that there is a dire need for South Africa to prioritize the implementation of legislation that is not only punitive but also comprehensive in its nature and that will extend to the police, courts, and most importantly, society as a whole.
3. Kenya: Kenya’s Sexual Offences Act (2006) criminalizes a range of sexual offenses, including rape and defilement, and mandates the establishment of sexual offenses courts. Despite GBV being effectively dealt with in Kenya, the legal framework still is found to have the challenge of significantly high levels of impunity, especially in rural areas where traditional practices continue to inhibit the rights of women.¹³
4. Ethiopia: Ethiopia’s Criminal Code (2005) includes provisions against domestic violence, rape, and harmful practices such as FGM. The country has also adopted policies aimed at eliminating child marriage and improving access to services for GBV survivors. Nevertheless, there still are some gaps that allow violence against women even in the legal framework, such as martial rape and other forms of domestic violence. Enforcement remains a challenge, particularly in rural areas where customary laws often override statutory legal protections.¹⁴

Implementation Challenges

Despite the existence of robust legal frameworks in many African countries, there remain significant challenges in the implementation of these laws. These challenges include:

1. Cultural Resistance: A large number of societies in Africa are still of the view that GBV is a private affair and not a criminal one. This belief of the cultural norm contributes to the problem of GBV being silenced, and subsequently, survivors of GBV often meet with opposition and retaliation in their quest for help.¹⁵
2. Weak Law Enforcement: One of the reasons why a large number of GBV survivors do not receive full support and are denied justice is because the training of the police is poor, the police is corrupt, and there are no resources. Survivors could be fearful of the legal system or the community and, as a result, they may not report the crimes.¹⁶
3. Limited Access to Justice: Lack of proper knowledge of the law, less financial capacity, and difficulty in accessing legal aid are some of the main obstacles that marginalized and rural communities women encounter when they are trying to acquire justice.¹⁷

Survivor-Centered Justice and Legal Reform

When we come to the point of renewing our way of thinking regarding justice for the survivors of GBV, it is essential to prioritize a survivor-centered approach. The change in the law should not be targeted only at punishing the criminals but it should also ensure that survivors have the necessary support, protection, and healing that will help them reclaim their lives.

A survivor-centered approach involves the following principles:

1. Access to Justice: Survivors must have timely and affordable access to legal recourse, which includes providing legal aid and ensuring that cases are handled with sensitivity, confidentiality and professionalism. The survivors’ needs should be at the core of the reforms in the legal systems.¹⁸
2. Holistic Support: Legal systems should be complete with all the services that address the psychological, medical, and social needs of survivor. It shall provide care that is sensitive to trauma and ensures that victims have secure places where they can start their healing process minus the judgment and fear of violence .¹⁹
3. Empowerment of Survivors: It is necessary for the individuals who have suffered to feel empowered and free enough to take part in the legal processes. They have to be the leading stakeholders in policy and law decision-making process. This calls for the maintenance of an environment where survivors feel respected, believed, and backed up.²⁰

Conclusion

While legal reforms in Africa have made progress in combating gender-based violence, much more work needs to guarantee that survivors receive the justice they deserve. The interplay of law, culture, and institutional support complicates the prevention and prosecution of gender-based violence. Moving forward, African countries must prioritize survivor-centered legislation reform, increase law enforcement, and address the cultural and structural disparities that perpetuate violence against women.

Ultimately, the goal must be to establish a judicial system that not only punishes perpetrators but also empowers survivors, enforces accountability, and seeks to eradicate the underlying causes of GBV. Only then will survivors receive meaningful justice, and African societies will be able to heal from the trauma of gender-based violence.

Reference(S):

¹ Luck T, ‘The role of patriarchy and its influences on domestic violence against females and children in Africa: An indigenous perspective’ in Mbohwa C (ed), Working with Indigenous Knowledge: A Guide for Researchers (NCBI Bookshelf 2016).

² Mbote P, ‘Evening Out the Divide Between Rights and Culture: A Case for Mobilising Positive Culture in State Responses to Gender-Based Violence in Kenya’ (2022) 33(1) Stellenbosch Law Review.

³ UN Women, ‘FAQs: Digital abuse, trolling, stalking, and other forms of technology-facilitated violence against women’ (UN Women, February 2025).

⁴ Media Defence, ‘Cybercrimes in Sub-Saharan Africa’ (Media Defence, March 2025).

⁵ RFLGD, ‘Mental Health of Survivors of Gender-Based Violence in West and Central Africa’ (RFLGD, 4 March 2025).

⁶ NDJICL, ‘The Role of CEDAW in Combating Gender-Based Violence in Conflict Zones’ (NDJICL, 2023).

⁷ Human Rights UNSW, ‘The International Criminal Court and the Pursuit of Sexual Violence Crimes’ (UNSW, 2023)

⁸ International Criminal Court, ‘Policy on Gender-Based Crimes’ (ICC, December 2023).

⁹ UN Women, ‘Tracking Implementation of Security Council Resolution 1325 (2000)’ (UN Women, 2012).

¹⁰ African Commission on Human and Peoples’ Rights, ‘General Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14.2 (a) and (c) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa’ (2014).

¹¹ African Union, ‘Solemn Declaration on Gender Equality in Africa’ (2004).

¹² Republic of Rwanda, ‘Law No. 59/2008 of 10/09/2008 on Prevention and Punishment of Gender-Based Violence’ (2008).

¹³ Pambazuka News, ‘Enforcement of the Sexual Offences Act in Kenya’ .

¹⁴ Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004 (2005).

¹⁵ UN Women, Access to Justice for GBV Victims: Achievements, Barriers and Recommendations (2021).

¹⁶ Centre for the Study of the Economics of Africa (CSEA), Limited Support Services and Inadequate Funding (2021).

¹⁷ The Guardian, Societies can’t be inclusive without equal access to justice (2014).

¹⁸ International Development Law Organization (IDLO), Survivor-Centred Justice for Gender-Based Violence in Complex Situations (2022).

¹⁹ UNFPA Ethiopia, Ethiopian Women Lawyers Association (EWLA): Championing Justice and Empowerment for GBV Survivors (2024).

²⁰ IDLO, Taking a Survivor-Centred Approach to Gender-Based Violence (2022).