By Mariagoretti Swanta Ankut
Abstract
Gender equality and women’s rights have become central issues in Africa’s development agenda, particularly with the adoption of global and regional frameworks such as the United Nations Sustainable Development Goals, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Union’s Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol 2003) and the African Union Convention on Ending Violence Against Women and Girls (AU-CEVAWG 2025). Over the past two decades, many African countries have made progress in advancing women’s rights, most notably through constitutional reforms, the adoption of gender quotas in politics, and expanded access to education for girls.
Despite these achievements, progress remains uneven across the continent. Deeply entrenched patriarchal norms, cultural practices such as child marriage and female genital mutilation, and persistent economic exclusion continue to undermine gender equality. Women are disproportionately represented in informal and low-paying economic sectors and remain marginalized in land ownership and access to credit. Additionally, gender-based violence, both in domestic settings and during armed conflicts, remains a pervasive barrier to women’s empowerment. The weak enforcement of existing legal frameworks further compounds these challenges, as policies and laws often fail to translate into tangible improvements in women’s everyday lives.
This article reviews scholarly literature, policy reports, and case studies to evaluate the progress and setbacks of gender equality in Africa. It argues that while significant strides have been made, sustainable progress requires a holistic approach that combines stronger enforcement of legal protections, economic empowerment initiatives, grassroots gender-sensitization campaigns, and greater political will. Advancing women’s rights is not only a matter of social justice but also a critical driver of Africa’s broader socio-economic development and democratic consolidation.
Keywords: gender equality, women’s rights, Africa, empowerment, human rights
1. Introduction
Gender equality and women’s rights have increasingly become focal points of Africa’s development agenda in the 21st century. The recognition that no society can achieve sustainable development while half of its population remains marginalized has prompted governments, civil society, and international organizations to push for reforms that advance the status of women. Women in Africa have historically contributed immensely to agriculture, trade, family welfare, and even governance in precolonial societies. However, colonial legacies, post-independence state structures, and entrenched patriarchal norms have systematically limited their opportunities in education, political leadership, and economic empowerment (Tripp,2019).
At the global level, frameworks such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action set the stage for legal and institutional reforms that promote gender equality. Regionally, the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) of 2003 represented a landmark commitment by African states to address gender disparities (African Union, 2003). Many countries have since domesticated parts of these frameworks, introducing constitutional amendments, gender quotas in politics, and policies to promote girls’ education and reproductive rights.
Despite this progress, the continent continues to face serious challenges. Women remain disproportionately affected by poverty, unemployment, and lack of access to productive resources such as land and credit. Harmful cultural practices including child marriage, female genital mutilation (FGM), and gender-based violence persist in many communities, undermining women’s health, dignity, and autonomy (Banda, 2020). In political spaces, although some countries like Rwanda and Senegal have made significant strides in women’s representation, many African parliaments and executive offices remain male-dominated. Moreover, weak enforcement mechanisms, corruption, and cultural resistance frequently hinder the effective implementation of gender equality policies (UN Women, 2022).
2. Progress and Achievements
Political Representation
One of Africa’s most notable successes has been women’s political participation. Rwanda leads the world with over 61% of parliamentary seats held by women (2018 Legislative election), largely due to constitutional quotas introduced after the 1994 genocide. South Africa and Senegal also stand out, with women occupying over 40% of legislative seats. These achievements demonstrate that legal reforms, when backed by political will, can significantly shift gender balances in governance. According to the second Women’s Political Participation (WPP) Africa Barometer 2024, women constitute just a quarter of the 13,057 parliamentarians in Africa – 26% in the lower houses, and 21% in the upper houses of parliament. With just six years before 2030, the deadline for the Sustainable Development Goals (SDGs), many African countries are still far from achieving women’s “equal and effective” participation in political decision-making. Several trends emerge when examining the introduction or amendments of legal provisions within the last years. Burundi, Central African Republic (CAR), Chad and Congo Republic have implemented changes to their Electoral Code Laws, further committing their governments to electoral roll quotas for women of at least 30%. Expansively, Congo Republic extended their Electoral Law 30% quota to local elections. The Central African Republic and DR Congo have both introduced Parity Laws; CAR mandates all state services and its branches, political parties, the private sector and civil society to reserve at least 35% of the decision-making positions to women over the 2016-2026 period and DR Congo’s 30% quota derives from Article 14 of its Constitution, which promotes fair representation (représentation équitable) of women in elected and appointed bodies. The National Development Plans of Angola, Chad and São Tomé and Príncipe all have specific policies regarding advancing women’s political and decision-making rights.
Legal and Institutional Reforms
Many African states have integrated international gender equality commitments into their constitutions and laws. The Maputo Protocol has influenced reforms in reproductive rights, inheritance laws, and protection against gender-based violence. For example, Kenya’s 2010 Constitution mandates that no more than two-thirds of elective or appointive bodies can be of the same gender. Additionally, both Economic Community Central African States (ECCAS) and Economic Community of West African States (ECOWAS) are particularly strong in supporting their respective Member States to develop and implement their United Nations Security Council Resolution 1325 National Action Plans on women peace and security. (African Barometer 2024)
Education
Gender parity in primary education has improved significantly, with UNESCO reporting that in many African countries, enrolment rates for girls now match or exceed those of boys. Countries like Ghana and Tanzania have implemented policies that reduce school fees, enabling more girls to access education. Education empowers individuals by providing them with knowledge, skills, and confidence. For women and girls, education opens doors to opportunities and enables them to make informed decisions about their lives, careers, and health. Educated women are more likely to participate in the workforce, engage in community leadership, and advocate for their rights. Educating girls and women contributes to economic growth and stability. Studies have shown that when women receive an education, they are more likely to enter the workforce, earn higher wages, and invest in their families and communities. Educated women tend to prioritize education for their children, creating a cycle of empowerment and economic advancement for future generations. Education is linked to better health outcomes for women and their families. Educated women are more likely to make informed health choices, seek medical care, and understand reproductive health. This knowledge leads to healthier families and communities, reducing maternal and child mortality rates. Education plays a crucial role in challenging societal norms and stereotypes related to gender. By promoting gender-sensitive curricula and inclusive teaching practices, schools can encourage students to question traditional roles and foster an environment where both boys and girls can thrive
Economic Participation
Women in Africa are playing an increasingly central role in driving economic growth and development. Across the continent, women’s entrepreneurship is rising steadily, supported by the expansion of microfinance initiatives, women’s cooperatives, and digital platforms that lower barriers to entry and create new pathways for economic empowerment. For instance, microfinance institutions in countries like Bangladesh inspired models across Africa, enabling millions of women in rural and urban areas to access small loans to start or expand businesses. These schemes have been particularly effective in fostering women’s participation in agriculture, petty trading, and small-scale manufacturing (2023)
In Nigeria and Kenya, women dominate the informal sector, accounting for the majority of small traders, food vendors, and smallholder farmers. While informal employment is often associated with precarity and lack of social protection, it has also provided women with a measure of financial independence and resilience. In recent years, women have begun making inroads into the formal economy, particularly in emerging sectors such as technology, financial services, and creative industries. Kenya’s growing fintech ecosystem and Nigeria’s booming digital economy are examples where women are increasingly present as innovators, small-scale investors, and entrepreneurs.
Regional and continental frameworks have also accelerated progress. The African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA) explicitly recognize women as key economic actors, aiming to enhance their access to cross-border trade and markets. Similarly, governments have introduced targeted policies, such as Kenya’s 30% public procurement quota for women, youth, and persons with disabilities, which opens opportunities for women-owned businesses to access state contracts.
Achievements are also evident in education and financial inclusion. Across Africa, there has been a steady increase in girls’ secondary and tertiary enrollment rates, producing a growing pool of skilled women entering professional fields. Meanwhile, the rapid expansion of mobile money services (e.g., M-Pesa in Kenya, Paga in Nigeria, and MTN Mobile Money across West Africa) has dramatically improved women’s access to financial services. This shift is closing the gender gap in financial inclusion and enabling women to save, invest, and scale their businesses with greater ease.
3.2 Continuing Challenges
Patriarchal Norms and Cultural Practices
Despite legal advances, cultural resistance remains a significant obstacle. Practices such as child marriage, polygamy, and female genital mutilation (FGM) are still prevalent in parts of West, East, and North Africa. In Seirra Leone for example IHRDA acted as part of the legal team for FAHP & partners in FAHP-Ors v Sierra Leone; the ECOWAS Court found Sierra Leone violated women’s and girls’ rights by failing to criminalise FGM and ordered legislative and reparatory measures(IHRDA press release / judgment summary July 2025). These practices not only violate women’s rights but also undermine their educational and economic opportunities. All ECCAS countries have general constitutional provisions relating to the protection of women and children’s rights and/or from degrading treatment. Chad is the only country to cite FGM as such humiliating treatment. Angola’s Constitution prohibits customs that are contrary to the Constitution and women’s rights. Regarding early marriage, Burundi constitution 2018 specifically highlights “free and full consent” By explicitly requiring free and full consent, Burundi aligns with Article 6 of the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), which prohibits forced marriage and requires free consent. It also echoes Article 16 of CEDAW and Article 23(3) of the ICCPR, which make consent an essential requirement for a valid marriage. Since children are legally presumed unable to give valid consent, any marriage involving minors contradicts the principle of free and full consent. Thus, by grounding marriage in the idea of consent, Burundi indirectly strengthens protection against child and forced marriages, and Chad explicitly refers to the prohibition of “premature marriages”. The penal codes of most countries have provisions on early, child or forced marriages. Most African countries have statutory provisions setting 18 as the minimum age of marriage, but a significant number allow for younger ages for girls under certain conditions (parental consent, judicial waiver, customary / religious law).”. Both Cameroon (1981 Statutory Law) and Gabon (1995 Civil Code) maintain the minimum age for girls to be married at 15 years. Rwanda is an outlier in setting the minimum age as 21 years for both women and men (Law No. 32/2016) / 2024 parliamentary bill. Some countries (Burundi, Chad, DR Congo, Zimbabwe, Malawi and Rwanda) have introduced new laws or increased punishment for early marriage since 2015. Cameroon’s 2016 Penal Code criminalised and introduced sanctions against forced marriage. However, despite the constitutional articles relating to women’s and children’s rights protection it continues to be a menace in most Africa countries.
Economic Inequality
African women remain concentrated in low-paying, informal sectors with limited access to land, credit, and technology. According to the African Development Bank, women farmers make up over 60% of the agricultural workforce but own less than 15% of land (AfDB, 2019). A World Bank policy note published in October 2023 provides a more recent reference on land ownership disparities in Sub-Saharan Africa. It confirms that the gap remains significant, with only 38% of African women reporting any form of land ownership (sole or joint), compared to 51% of African men (World Bank 2023). This disparity perpetuates poverty cycles and economic dependence. Most countries in the ECOWAS region have some constitutional provision guaranteeing citizens the right to equal access to employment/vocational training (Benin, Burkina Faso, Côte d’Ivoire, The Gambia, Guinea Bissau, Liberia, Mali, Niger, Nigeria) and/or fair pay (Côte d’Ivoire, Niger, Togo). Some countries go further and specifically address women’s economic rights by including provisions relating to equal treatment and the prohibition of gender-based discrimination in the areas of employment, training and/or remuneration/equal pay (Burkina Faso, Côte d’Ivoire, Ghana, The Gambia, Cabo Verde, Guinea, Liberia, Nigeria, Senegal,Sierra Leone, Togo). All fifteen ECOWAS countries have made policy reforms strengthening women’s economic rights. For example, all countries have national gender policies which include the promotion of women’s economic empowerment as a strategic objective. During 2015-2021 examples of policy interventions have taken the form of national development strategies and/ or dedicated projects enhancing women’s economic empowerment and entrepreneurship. Despite all the policy reforms strengthening women’s economic rights it continues to be a great challenge in the African region.
Gender-Based Violence (GBV)
GBV remains a pervasive challenge. From intimate partner violence to sexual harassment and conflict-related rape, women across Africa face high levels of abuse. In South Africa, for example, reports of femicide and domestic violence are among the highest globally, despite strong legal frameworks (Moffett, 2021). Some countries have revised their constitutions with provisions to benefit women’s rights against violence. Burundi, Chad and the Republic of Congo’s revisions include articles prohibiting degrading, humiliating or inhuman treatment; Burundi and Chad also include articles against slavery and servitude. The Central African Republic’s 2016 Constitution includes specific articles prohibiting violence against women, including intellectual violence, that no one may be subjected to rape and the positive right of every citizen to physical and moral integrity. Congo Republic introduced and Rwanda has maintained mechanisms through their constitutions, the Consultative Council of Women and the Gender Monitoring Office, respectively, to advance women’s rights.
All African Union Member States, barring the Republic of Congo and Equatorial Guinea, introduced new legislative measures and/or criminal penalties against various aspects of Violence Against Women within the last six years. Some countries amended their Penal Codes, increasing criminal penalties for violent violations and/or introducing new sanctions. For example, Chad and Cameroon both increased the length of prison sentences and the amount owed in fines regarding sexual harassment. DR Congo was the only country to have recently revised its Family Code in 2016. The reforms marked an important milestone in dismantling some of the most overtly discriminatory provisions against women. For example, the revised Code abolished the requirement for a wife to obtain her husband’s consent to engage in legal or commercial activities, and it recognized women’s equal legal capacity in marriage. The reforms also addressed issues such as inheritance and guardianship, aligning domestic law more closely with international human rights obligations. However, despite these efforts by countries it continues to be challenge.
Weak Enforcement of Laws
Even where progressive legal and policy frameworks exist, weak enforcement mechanisms remain a critical barrier to achieving gender equality in Africa. Laws on paper often fail to translate into substantive change because of political resistance, cultural pushback, and institutional inefficiencies.
In Nigeria, the Gender and Equal Opportunities Bill designed to domesticate international standards such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has repeatedly stalled in the National Assembly. The Gender and Equal Opportunities (GEO) Bill has failed to pass the Nigerian National Assembly on multiple occasions, including in 2010, 2016, and 2019. Opposition often comes from religious and cultural groups who argue that its provisions conflict with customary and religious norms. This legislative gridlock reflects a broader challenge: while Nigeria has ratified major international and regional women’s rights instruments, gaps in domestication and enforcement have left women vulnerable to persistent inequalities in political participation, inheritance, marriage, and employment.
In Kenya, the 2010 Constitution requires that no more than two-thirds of elected or appointed officials be of the same gender. However, the application of this rule has been inconsistent. Successive parliaments have failed to fully implement the requirement, citing political feasibility and resistance from entrenched elites. Court rulings directing parliament to operationalize the rule have been ignored or inadequately enforced, thereby limiting the impact of what should be a transformative constitutional provision. As a result, women remain significantly underrepresented in legislative and executive positions despite the constitutional mandate. In High Court, Centre for Rights Education and Awareness (CREAW) & Others vs Attorney General & Others (2017) the court held that Parliament’s failure to enact legislation to operationalise this rule violated women’s rights and ordered it to do so within 60 days. Court of Appeal dismissed parliamentary appeals in 2019. Parliament has repeatedly failed to comply.
Similar patterns can be observed elsewhere. In South Africa, despite having some of the most progressive gender laws globally, enforcement has been hindered by institutional weaknesses, lack of accountability, and under-resourced gender equality bodies. Laws addressing gender-based violence, for example, exist but are undermined by weak policing, poor judicial follow-through, and pervasive social tolerance of violence against women.
The Democratic Republic of Congo (DRC) offers another telling case: although revisions to the Family Code (2016)removed discriminatory provisions, implementation has been slow. Many women, particularly in rural areas, remain unaware of their new legal rights, and customary practices often supersede statutory laws in practice.
Overall, the weak enforcement of laws illustrates the gap between normative commitments and lived realities. Without stronger political will, adequate institutional capacity, and widespread public awareness, progressive legal frameworks risk remaining symbolic rather than transformative.
3.3 Comparative Insights from Case Studies
Rwanda: Rwanda is cited as a global leader in women’s political representation, with women occupying 61% of seats in the national parliament, the highest in the world. This achievement is largely the result of deliberate constitutional reforms and quota systems following the 1994 genocide. However, the case of Rwanda also demonstrates that high levels of political representation do not automatically translate into the eradication of gender inequalities. Gender-based violence, unequal access to economic opportunities, and entrenched patriarchal norms continue to challenge women’s substantive equality in everyday life.
South Africa: South Africa’s post-apartheid legal and policy framework is among the most progressive in Africa, with strong constitutional guarantees of gender equality and initiatives such as the Gender Equality Commission. Despite these gains, structural inequalities remain pronounced. Women especially Black women are disproportionately affected by poverty, unemployment, and limited access to land. Furthermore, South Africa has some of the highest rates of gender-based violence in the region, underscoring the gap between formal rights and lived realities.
Nigeria: As Africa’s largest democracy, Nigeria presents a paradox of size and influence without corresponding progress on gender equality. Women remain severely underrepresented in political leadership, holding only 4% of seats in parliament (2019) compared to Rwanda’s 61% (2018) In addition, deeply entrenched cultural and religious practices including child marriage, female genital mutilation, and discriminatory inheritance laws continue to undermine women’s rights. Efforts at reform have been piecemeal, and resistance from conservative institutions and political elites has slowed progress.
Kenya: Kenya has introduced significant legal reforms, particularly through its 2010 Constitution, which guarantees women’s rights to political participation, land ownership, and equality before the law. The constitutional “two-thirds gender rule” has expanded opportunities for women in governance. Nonetheless, implementation has been uneven, and women in rural and marginalized communities face persistent barriers. Access to land remains especially challenging, as customary practices often override statutory rights, leaving women vulnerable to economic disempowerment despite progressive laws.
4. Conclusion
Gender equality and women’s rights in Africa present a mixed picture of significant achievements alongside persistent structural challenges. On one hand, reforms such as constitutional gender quotas, expanded access to education, the ratification of the Maputo Protocol and the African Union Convention on Ending Violence Against Women and Girls (AU-CEVAWG) highlight genuine progress. On the other, patriarchal traditions, weak enforcement of laws, widespread economic exclusion, and gender-based violence continue to hinder the realization of full equality.
These realities suggest that gender equality cannot be achieved solely through top-down legal reforms. Instead, it requires a multi-layered approach:
1. Stronger enforcement mechanisms to ensure that constitutional and legislative commitments translate into practice;
2. Economic empowerment programs that expand women’s access to land, credit, and technology;
3. Grassroots cultural transformation, including community-based campaigns to challenge patriarchal norms and harmful practices; and
4. Inclusive policymaking, where women are not just beneficiaries but active participants in shaping laws and policies.
Ultimately, advancing women’s rights is not only a question of justice and equity but also a driver of Africa’s broader development. Societies that empower women benefit from higher levels of education, reduced poverty, stronger governance, and more inclusive economic growth. Achieving gender equality is therefore essential for Africa’s pursuit of sustainable development and democratic consolidation in the 21st century.
Mariagoretti Swanta Ankut is a Legal Fellow at the African Commission on Human and Peoples’ Rights, Banjul, The Gambia. She holds an LLB (Hons.) in Law and a Barrister-at-Law (BL) qualification, with special expertise in peace-building, conflict management, gender inclusion, and legal affairs.
