Justice Delayed Is Justice Denied: Africa Keeps Failing Its Women and Girls

Across South Africa, Kenya, Uganda, Ethiopia, Tunisia, Nigeria, and more, NGOs and women's shelters have had to step up in place of the government to provide aid and fight for justice for victims of gender-based violence (GBV). However, in recent times, some African countries have taken some measures to combat GBV.

In January, after years of petitions, the South African government announced that it would release the list of sex offenders and those convicted of GBV to the public. Kenya's President William Ruto set up a 42-member task force on GBV and femicide.

In Uganda, the Anti-Female Genital Mutilation Act and the Domestic Violence Act were adopted in 2010 to tackle acts against women and girls. Eight years later, the government created a special court session to rule on cases of sexual and gender-based violence. According to a 2023 report by its judiciary, the conviction rate increased from 20 percent to 70 percent in over 2000 cases.

Despite these actions, some experts say it is increasingly clear that the protection and justice for women and girls remains of low priority to their respective governments. For instance, South Africa's sex offender list is yet to be made public. Sabrina Walter, founder of Women for Change (WFCWFC), says it seems unlikely that it will ever happen.

"The promised release of the public sex offenders list was yet another empty commitment from our government," Walter tells OkayAfrica. "By withholding such critical data, the government becomes complicit in the ongoing violence. They are choosing to protect the privacy of criminals over the safety and rights of survivors."

Withholding this information allows perpetrators to continue causing harm. A sex offender can start working at schools or stay near potential victims without their knowledge, rendering them vulnerable.

A 2024 UNICEF report states that one in five women and girls in Sub-Saharan Africa have been raped or sexually assaulted before turning 18, the highest number of victims globally.

Meanwhile, when victims seek justice, the process is often grueling, financially draining, and fraught with delays. By the time a court reaches a verdict, the families of the victims are frequently left unsatisfied with the outcome. As was the case for Damilola Ayanwole, whose sister, Bamise Ayanwole, was raped and murdered in the state-operated rapid transit bus in Lagos, Nigeria in 2022.

The bus driver, Andrew Nice Ominikoron, was recently sentenced to death for his crimes. But Ayanwole believes that more could have been done to achieve true justice. "The conviction is okay but still needs work," she tells OkayAfrica. "When two or three people commit a crime, and only one of them faces the penalty, it shows we need to reform our judicial system. I gave up everything that belonged to me to fight for my sister. Since February 27, 2022, I have been on this journey, and it has seriously affected me."

However, in South Africa, the court ruling was swifter in Joshlin Smith's case – the six-year-old girl sold by her mother, her mother's boyfriend, and their friend in February 2024. After an eight-week trial this year, the perpetrators (Racquel Smith, Jacquen Appollis, and Steveno van Rhyn) were sentenced to life imprisonment for kidnapping and trafficking. Still, it remains a sad case as Joshlin is yet to be found.

"This case marks a rare moment of justice in a country where most GBV cases drag on for years and often end without accountability," Walter says. "But despite months of investigation, the child has not been found, highlighting yet another devastating failure by the police."

In 2020, South Africa launched the National Strategic Plan on Gender-Based Violence and Femicide, with a ten-year roadmap to create a safe environment for women and girls. Burkina Faso upgraded its National Action Plan on Women, Peace, and Security in 2023 for a two-year duration to prevent violence against women. Similarly, Namibia plans to revamp its old national plan of action on gender-based violence.

Despite policies put in place to tackle GBV in some of these countries, there continues to be an epidemic of violence against women because governments address violence and crimes against women with a surface-level approach. Their policies might look good on paper, but the implementation is often lackluster.

Abiodun Kolawole, a lawyer and human rights activist, believes that the fundamental problem behind GBV is the government's disinterest. "It is a matter of selfishness; they don't care about women," he tells OkayAfrica. "The foundation is weak; our government has failed us all. They serve merely as decorations because, while they excel in theoretical discussions, the essence of law lies in strong implementation. If people do not feel the practical impact, then their performance grade is below F9."