Legal protections are failing to protect girls in Africa from child marriage and Female Genital Mutilation (FGM), report warns

Millions of girls in Africa are still at risk of child marriage and female genital mutilation (FGM) despite bans in most countries. A new report by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) (www.ACERWC.Africa), with support from Equality Now (https://apo-opa.co/4ubG12Q), reveals how laws are often poorly enforced, with implementation varying widely and survivors facing challenges accessing justice and support. Governments must urgently close protection gaps and bridge the divide between legal commitments and the reality girls face.

Drawing on case studies from Chad, Cameroon, Ethiopia, Egypt, Malawi, Mali, Nigeria, Somalia, Sudan, and Zimbabwe, the Thematic Report on Harmful Practices Affecting Children in Africa (https://apo-opa.co/4ePMlbK) finds that despite progress in strengthening legal frameworks and political commitments, harmful practices remain entrenched.

Climate shocks, conflict, and economic instability are intensifying the drivers of child marriage and FGM, weakening already fragile systems and increasing risks for girls, particularly in rural and conflict-affected areas, where access to services is limited and social pressures are stronger. Many cases go unreported due to stigma, fear of retaliation, and limited support services.

The report was launched at the 47th Ordinary Session of the ACERWC, held in Maseru, Lesotho, on April 21, and a recording of the discussion (https://apo-opa.co/494EHGT) is available to watch (the session starts at 4:56:31). The session brought together policymakers, civil society organisations, and regional stakeholders to advance dialogue and reinforce collective action to end harmful practices across Africa.

Sally Ncube, Equality Now’s Regional Representative for Southern Africa, explains, “Failure of implementation and enforcement of the law to protect children from harmful practices is not a failure of the law alone. It is a failure of the ecosystem that should make the law protect and support children.”

Legal gaps, climate change, and conflict exacerbate child marriage

Less than half of African countries set the minimum marriage age at 18 without exception (https://apo-opa.co/4tLGNUC), leaving legal gaps that allow child marriage under parental consent, judicial approval, or customary and religious law. Many countries also lack comprehensive legislation addressing prevention, access to justice, and survivors’ rights.

Crises like extreme weather fuelled by climate change erode economic and social structures, disrupt services, and shut schools, which are crucial for monitoring and reporting abuse. Economic hardship remains a major driver of child marriage, with families facing poverty sometimes turning to early marriage to reduce household expenses and in the mistaken belief that it will provide their daughter with protection.

The reality is that child marriage increases a girl’s likelihood of experiencing a range of harms, including domestic violence, unwanted and early pregnancy, dropping out of education, and poverty. 

UNICEF noted that a 2022 drought tripled the number of children at risk of dropping out of school (https://apo-opa.co/4uhivS8) in Ethiopia, Kenya, and Somalia. A 10% decrease in rainfall is associated with a 1% increase in child marriage (https://apo-opa.co/48p7SnW) rates, underscoring how environmental shocks can deepen economic pressures that push families toward early marriage as an economic survival strategy.

Drought in parts of Ethiopia led to a doubling of child marriage rates within a year in the worst-affected regions (https://apo-opa.co/4uhivS8) as families struggled with food insecurity and poverty. FGM is often carried out to prepare girls for marriage, and in Djibouti and Somalia, climate-related economic pressure has resulted in girls undergoing FGM at younger ages to increase their “marriageability.”

In Somalia, FGM and child marriage remain deeply rooted, particularly impacting girls in internally displaced persons camps where protections are weak, while in Sudan, FGM was criminalised in 2020, but war and governance breakdown have severely undermined enforcement.

Legal gaps and weak enforcement undermine progress on ending FGM

Of the 27 African countries with national-level prevalence data on FGM, four countries (Liberia, Mali, Sierra Leone, and Somalia) still lack specific national legislation banning the practice, underscoring persistent legal gaps across the region.

The medicalisation of FGM and girls being transported across country borders to be cut remain under-addressed issues in many national laws. In some cases, survivors are inadvertently criminalised, and access to redress and support services remains limited, particularly in rural and crisis-affected areas.

In Egypt and Cameroon, FGM legal bans reflect progress, but shortfalls remain, such as FGM medicalisation in Egypt and legal inconsistencies in Cameroon. In Nigeria, laws criminalising FGM and setting the minimum age of marriage at 18 are weakened by inconsistent enforcement and conflicting customary and religious law.

Rising authoritarianism and military takeovers have stifled progress toward ending harmful practices. The withdrawal of countries such as Burkina Faso, Mali, and Niger from ECOWAS and other regional bodies has reduced accountability and curtailed civil society’s ability to advocate for change.

FGM laws at risk of rollback in some countries

Debates about decriminalising FGM are resurging, as seen in The Gambia (https://apo-opa.co/4sZ8FmH) (2024), where the Supreme Court is considering repealing the country’s FGM ban, underscoring the need for sustained vigilance and advocacy.

Proposed anti-FGM provisions in Mali (https://apo-opa.co/4cAQQWk) were removed from the 2024 Penal Code following resistance from religious leaders, demonstrating how political and social pressures can stall reform.

Progress towards ending child marriage and FGM

Despite challenges, progress advances where legal reform and community leadership align. In Malawi, the report recognises the efforts of traditional leaders such as Chief Theresa Kachindamoto (https://apo-opa.co/4n06he7), who have played a key role in annulling thousands of child marriages, demonstrating the success of locally led action.

Another progressive example is how the Constitutional Court (https://apo-opa.co/4mYhJqx) in Zimbabwe issued a landmark ruling that prompted the amendment to the 2022 Marriage Act, setting the age of marriage at 18 with no exceptions, following a case by two young women forced into early marriage.

Ethiopia, for example, adapted to COVID-19 restrictions by using mobile-based interactive voice recordings to reach out-of-school girls with FGM awareness content (https://apo-opa.co/4cFYuPj), showcasing how technology can support advocacy during a crisis.

African governments must turn legal commitments into real protection for girls

The thematic report recommends that all African governments implement strict legal provisions prohibiting harmful practices and fully incorporate international and regional human rights treaties, conventions, and protocols into their domestic legal systems to ensure that these instruments bind the state. It is also critical to close legal loopholes to ensure that the minimum marriage age is set at 18 without exception and to align national, customary, and religious frameworks with regional child rights standards.

“The study illustrates that change is possible and indeed already taking place. Progress is achievable when legislation is complemented by implementation and coordination among relevant stakeholders and the promotion within the community,” said Hon. Hermine Kembo Takam Gatsing, Special Rapporteur on Child Marriage and Other Harmful Practices, ACERWC

Strong political will, clear policy, and coordinated national action are essential. This requires collaboration among governments, civil society, and communities, backed by dedicated funding, strong accountability frameworks, and well-staffed systems.

Efforts must address the social and cultural norms that allow harmful practices to persist. Context-specific approaches and local ownership are essential, grounded in meaningful participation of survivors and community leaders. Empowering girls through education and providing survivors with guaranteed access to protection, justice, and support services are also crucial.

To better understand the causes and scale of child marriage and FGM, governments must strengthen national data systems, including birth and marriage registration and child protection databases. Reliable, disaggregated data can help identify risks, design evidence-based responses, track progress, and hold institutions accountable.

“The law that cannot protect a girl in her own home is not a law; it is a broken promise. Lack of implementation is not a failure of law alone. It is a failure of the ecosystem that should make the law protect children from marriage and FGM. This report, and this moment, matter because millions of girls across Africa are waiting for the law to find them. Not for them to find the law.” Sally Ncube, Equality Now’s Regional Representative for Southern Africa

“Equality Now and civil society organisations stand ready to continue working with ACERWC and States Parties to turn commitments into safety and justice. May this session be the turning point where Africa accelerates progress toward moving laws on paper into real-life protection in practice. Equality Now stands ready. Africa’s girls are waiting,” concludes Ncube.

Distributed by APO Group on behalf of Equality Now.

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Equality Now (www.EqualityNow.org) is a worldwide human rights organisation dedicated to securing the legal and systemic change needed to end discrimination against all women and girls. Since its inception in 1992, it has played a role in reforming 120 discriminatory laws globally, positively impacting the lives of hundreds of millions of women and girls, their communities and nations, both now and for generations to come.

Working with partners at national, regional, and global levels, Equality Now draws on deep legal expertise and a diverse range of social, political, and cultural perspectives to continue to lead the way in steering, shaping, and driving the change needed to achieve enduring gender equality, to the benefit of all.