DOES THE AUCEVAWG PROVIDE A COMPREHENSIVE FRAMEWORK FOR VIOLENCE AGAINST WOMEN AND GIRLS AND CLEAR PREVENTATIVE MEASURES? COMPARATIVE ANALYSIS BETWEEN THE SADC MODEL LAW ON GBV AND THE AUCEVAWG

This article compares the Southern African Development Community’s (SADC) model law on gender-based violence (GBV) and the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), specifically the definition of violence against women and girls in each instrument and the corresponding preventative measures. This article seeks to establish whether AUCEVAWG, when compared to regional instruments, provides additional human rights protections and/or clear pathways for responding to and preventing violence against women and girls, as experienced by them.

The SADC model law on GBV (Model Law), adopted in 2021, seeks to guide SADC member states in developing effective national policies and legislation on GBV by providing a legal benchmarking framework for lawmakers at the domestic level. It establishes norms for national legislation on GBV, serving as a bridge between treaty obligations and their domestic implementation. The Model Law allows for regional harmonisation of domestic legislation on GBV, the establishment of general norms and standards, and a framework for the consistent implementation of treaty obligations in relation to GBV within the SADC region. The Model Law is considered “soft law” and is not binding on States, although it has persuasive value.

Conversely, AUCEVAWG, adopted in 2025, is a treaty, and unlike the Model Law, creates binding legal obligations on state parties who ratify the convention subject to their domestic procedures for implementation of treaty obligations. Treaties , like the Model Law, also seek to set standards and norms to articulate shared values and principles in relation to specific human rights concerns. What is also common to both is that in order to effectively implement their provisions, the language must be clear, coherent, and unambiguous; state obligations must be framed in peremptory terms rather than as proposals, and their substantive rights must be apparent and explicit.

While AUCEVAWG is not a template national law framework, the Model Law provides a useful comparator to assess whether the rights and obligations contained in AUCEVAWG in its current form can be translated into meaningful and consistent national policy among states, as is intended. Treaty obligations, unless domesticated, remain paper rights and do not have the power to transform lived realities or offer human rights-based protections. Consequently, beyond superficial commitments, treaties require a level of clarity and legal certainty to ensure that they are capable of implementation at the domestic level. In addition, the comparison between the Model Law and AUCEVAWG tests whether AUCEVAWG strengthens and expands existing legal norms and state obligations in addition to those already provided for by regional frameworks and what, if any, additional protections it provides.

Because of the difference in purpose between these two instruments, this article will focus on two key aspects that apply to both frameworks regardless of their purpose, namely: (i) the definition of violence against women and girls in both instruments and (ii) the preventative measures in the Model Law as compared to AUCEVAWG.

Definition of violence against women and girls

MODEL LAW

AUCEVAWG

“violence against women and girls” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life and includes physical, sexual and psychological violence occurring in the family or within the general community, and perpetrated or condoned by the State.

For the purposes of the definition of “competent authority” the following may be considered with respect to gender equality, equity or gender-based violence in relation to specific contexts and perpetrated by specific persons:

a. The family;

 b. The community;

c. Conflict situations; and

d. Violence condoned by the State, including violence in police custody; and

e. Violence committed by security forces.

For the purposes of the definition of “gender-based violence” the following may be included:

a. Domestic violence;

b. Intimate partner violence;

c. Sexual violence, including sexual assault and sexual harassment;

d. Harmful practices, including early marriage, forced marriage, female genital mutilation;

e. Female infanticide, prenatal sex-selection, virginity testing, HIV/AIDS cleansing;

f. Honour crimes, acid attacks, crimes committed in relation to bride-price and dowry, maltreatment of widows, forced pregnancy, and trying women for sorcery or witchcraft;

g. Femicide;

 h. Trafficking;

i. Sexual slavery;

j. Child sexual exploitation material; and

k. Online gender-based cyber-crimes and bullying.

4. For purposes of the definition of “victim” a person who has been subject to gender-based violence or discrimination shall be a victim

a. Regardless of whether the offender is identified, apprehended, prosecuted or convicted or there is a familial relationship between the offender and the victim; and

b. Where appropriate, includes, the immediate family or dependents of the victim and persons who have suffered harm in intervening, or assisting the victim or in trying to prevent victimisation

“Violence Against Women and Girls” means all acts perpetrated against women and girls that cause or could cause them verbal, emotional, physical, sexual, psychological, or economic harm, including the threat to take such acts, or to undertake the imposition of arbitrary restrictions on, or deprivation of, fundamental freedoms in the private and public spheres, or in cyberspace, in times of peace, armed conflict, transition, post-conflict, disaster, and post-disaster situations;

The Model Law provides a more comprehensive definition of violence against women and girls and reflects their lived experience in the following key ways:

  1. It recognises that most violence against women and girls is predominantly committed by known persons and specifically states that a familial relationship cannot be used as an excuse for violence, ensuring that violence that occurs within families and communities is a national priority rather than something to be dealt with privately. It also names the family and the community as specific perpetrators, highlighting that violence against women and girls will not be tolerated, even at the most local level, where most violence occurs. AUCEVAWG, in contrast, only recognises intimate partner violence in its definition of femicide and makes no other mention of family and community-related violence against women and girls in its definition of violence more generally. The term “family” in AUCEVAWG is defined as the “a natural and fundamental group or unit of society as defined or provided for by a State Party;” but beyond this definition, the family is not contextualised in relation to violence against women and girls notwithstanding that there is overwhelming evidence that women and girls experience violence predominantly at the hands of known persons.
  2. It provides concrete examples of gender-based violence that reflect the lived experiences of women and girls across all ages, including femicide, virginity testing, intimate partner violence, honour-based crimes, female genital cutting/mutilation and trying women for sorcery or witchcraft, etc. This gives content to the right to be free from all and specific forms of violence. By naming specific forms of violence, the Model law creates substantive rights, legal certainty, and corresponding, clearly articulated state obligations to ensure that women and girls are free from these forms of violence, at a minimum. AUCEVAWG only explicitly defines femicide and harmful practices and in Article 10, calls on States to adopt measures and evidence-based programmes and strategies that promote African values and norms that encourage conduct against violence, including femicide. The Model law in contrast also defines trafficking in persons, sexual assault, sexual harassment, exploitation, and gender-based violence more generally, creating norms and standards in relation to forms of violence and does not leave formal recognition to States to decide. By doing so, the Model Law provides clear, unambiguous, and actionable obligations that can be translated at the domestic level and have meaning for the women and girls it seeks to protect. Although
  3. The definition of violence against women and girls in the Model Law recognises that violence takes place at various levels of society and implicates the State where it perpetrates or condones such violence. By naming the State as a perpetrator where it condones violence, the Model Law creates justiciable avenues to hold states accountable for their failures to provide the necessary protections against violence against women and girls, both commissions and omissions. In contrast, AUCEVAWG, Article 11 (2)(f) provides that States shall hold perpetrators accountable for violence, whether committed by state or non-state actors, but does not explicitly hold States as perpetrators of violence where they condone it through action or inaction.
  4. The Model Law recognises that secondary violence may result from the protection of victims/survivors of violence against women and girls and provides protection to those who intervene or assist victims, creating a system of accountability that encompasses more than just the direct victim of violence. By providing protection for those who intervene or assist, women and girls can be supported and interventions can take place at the most local level, providing an alternative to a culture of impunity, especially in places where State organs are not visible or cannot reach. AUCEVAWG does not address secondary violence directly. Save for the protection of women and girl human rights defenders in Article 11(2), an especially important inclusion, no other formal protections are provided to ordinary people who intervene or protect victims, who are often the first responders. The AUCEVAWG defines women and girls human rights defenders as “a national of a State Party who, individually or in association with others, acts or seeks to promote, realise, and protect human rights and fundamental freedoms, at the local, national, regional, and international levels.”. This definition does not clearly encompass ordinary citizens or family and community members who intervene. In addition, the protections afforded to women and girls human rights defenders in Article 11(2) of AUCEVAWG are not explicitly detailed, leaving States with no clear obligations in this regard. In addition, Article 12(d) in the article dealing with access to justice, the protection of dependents during the criminal justice process is provided for but does not explicitly incorporate them within the ambit of “victims”. Victim is not defined in AUCEVAWG.

Preventative measures

SADC MODEL LAW (Section 26 -General policy direction for achieving human rights)

AUCEVAWG (Article 10- Preventative measures)

1. The Government shall develop gender-based violence policies and strategic implementation plans incorporating response, preventative, supportive and protective measures specified in this Model Law, including the following:

a.   Promoting the equal representation and participation of all gender at all levels and sectors of decision making and ensuring that gender is championed in all agenda;

b.   Enacting nationality laws incorporating proper safeguards on nationality and other laws adequately protect refugees and stateless persons;

c.   Ensuring gender mainstreaming into all policies, structures, systems, programmes and activities in order to make them gender responsive and contribute to the effective achievement of sustainable socio-economic and political development;

d.   Taking appropriate steps to modify or abolish existing laws, customs and practices which discriminate against women;

e.   Developing an integrated framework for the empowerment of women and children already in marriages;

f.    Monitoring the implementation of laws, policies and programmes that affect, or have an impact on, women;

g.   Providing funds for, and contributing towards establishing, comprehensive and integrated facilities to assist victims;

h.   Providing adequate support to children under the care of a victim;

i.    Ensuring that the location of such support services allow equitable access to the services provided, in particular, by urban and rural populations; and

j.    Providing access to health care, including reproductive health care and HIV prophylaxis.

States Parties shall:

a)  enact laws and adopt policies relating to all forms of violence against women and girls and put in place preventive and support measures and services that ensure:

i.         women’s and girls’ human rights and fundamental freedoms are respected and protected by all duty-bearers;

ii.        no customs, traditional or religious considerations are invoked to justify violence against women and girls;

iii.       effective sanctions and remedies to protect women and girls against all forms of violence; and

iv.       effective implementation and accountability mechanisms.

b)  adopt measures, and evidence-based programmes and strategies to:

i.         promote aspects of African culture and norms which encourage patterns of conduct that do not perpetuate women’s and girls’ vulnerability to violence, including femicide;

ii.        adopt, resource, and implement multisectoral and multidisciplinary campaigns for the promotion of public awareness on the nature, causes, consequences, and means of preventing violence against women and girls, in the public and private spheres, and in cyberspace;

iii.       engage the media, including social media platforms and the advertising industry, to promote awareness of, and sensitivity to, violence against women and girls;

iv.       build and strengthen the capacity of judges, magistrates, judicial officers, law enforcement officers, and other relevant duty bearers to prevent and address violence against women and girls.

Preventative measures and interventions (section 57)

Protection and support (Article 11)

1. The Minister shall, in consultation with the relevant competent and appropriate authorities, put in place preventive, protective, supportive and intervention measures to eradicate gender-based violence and assist victims, including the following:

a.   Establish, where possible, at least the following minimum standards of support services for victims:

I       National phone hotline where all victims may obtain assistance by phone, around the clock, and free of cost, from wherever they may be or if referred to by service providers;

II      Shelter or refuge place for, providing safe emergency accommodation;

III     Qualified counseling and assistance in finding long-term accommodation;

IV    Victim’s advocacy and counseling center which provides proactive support and crisis intervention for victims, including legal advice and support, as well as long- term support for victims;

V     Specialised services for particular groups of women, such as specialized services for immigrant victims, victims of trafficking and victims who have suffered sexual harassment at the workplace, where appropriate; and

VI    Rape crisis centres.

b.   Implement in collaboration with relevant stakeholders’ gender-based violence prevention initiatives and programmes that address the root causes of gender inequality and achieve transformed attitudes, beliefs and norms.

2.  The Government shall provide budgetary support for the installation and maintenance of shelters by both the public and private sectors.

3.  The Minister responsible for local authorities shall ensure that all local authorities or municipalities, plan, budget and establish shelters for victims in their jurisdictions.

4.  The Government shall, in collaboration with CSOs, ensure that all provinces establish intervention centers, where victims are proactively offered assistance, after interventions by the police, which shall be financed through public funds on the basis of a five-year plan and contractual relationships with CSOs.

1. States Parties shall put in place protective and supportive interventions to end all forms of violence against women and girls and assist victims, by establishing minimum standards relating to:

a)       gender-responsive reporting procedures, legal services, legal aid, protection orders, access to safe homes and centres, and immediate medical and psycho social services for women and girls faced with actual or threat of violence; and

b)       the design and procedures for the participation of women in all aspects of development, including measures to protect their assets and property rights, to reduce their vulnerability to further violence.

2.   States Parties shall strengthen and engage with, and protect, women and girls human rights defenders and other women’s organisations in the prevention and ending of all forms of violence against women and girls.

A key distinction between the Model Law and the AUCEVAWG is that the Model Law provides preventative measures aimed at the structural barriers that exacerbate violence against women and girls. Namely, gender inequality, geographical barriers, socio-economic and political barriers, and lack of access to health care. It calls on States to ensure gender equality, gender representation, and gender mainstreaming across various sectors to ensure that they are responsive and deliver on socio-economic and political development. By dealing with the structures that cause violence as opposed to only responding to harm, the Model Law seeks to mandate States to ensure that the structures that support violence are dismantled and to deal with its root causes. While the AUCEVAWG provides that States shall adopt measures to create awareness related to violence against women and girls, it does not effectively direct states to deal with the structures that cause harm. In Article 7 of AUCEVAWG titled State Obligations on Multiple and Interconnected Factors that Exacerbate Violence Against Women and Girls, States are required to consider the factors that make women and girls more at risk of harm and to take measures to protect them. The measures required of States is not explicitly specified and again leaves it to States to decide, rather than creating tangible binding legal obligations.

In addition, the Model Law specifically mandates States to fund and financially support new and existing support mechanisms to assist victims. Funding is not explicitly mentioned in the preventative measures set out in AUCEVAWG, save in relation to awareness campaigns. This is an important omission given that preventative measures must be resourced and States must have a clear binding obligation to do so. The obligation to put policies in place must be accompanied by an obligation to fund and resource these policy initiatives to ensure their success. In terms of Article 9 of AUCEVAWG, the only direction to resource preventative measures relates to campaigns about violence against women, overlooking the need to mandate States to fund overburdened and under-resourced existing institutions.

Furthermore, the support measures provide for in the Model Law (section 57) are more comprehensive and provide tangible and concrete action aimed at supporting victims/ survivors, which provide a clear benchmark to states of the measures that should be implemented at the national level. For example, instead of the vague language of AUCEVAWG which directs states to provide “psycho social services for women and girls faced with actual or threat of violence” the Model law explicitly provides for the provision of trauma counselling and long term counselling support. Of extreme importance is that the Model law provides budgeting obligations attached to all preventative measures including the provision of a national hotline free of cost. AUCEVAWG in contrast provides general funding obligations in terms of Article 5 and only expressly links funding obligations to education and awareness campaigns and not all preventative measures. Without financial obligations attached to preventative measures, states have no obligation to adequately resource them. Consequently. women and girls can only rely on a very general and vague Article 5 to hold states accountable for resourcing measures aimed at eradicating GBV.

Conclusion

What constitutes violence against women and girls cannot be left to individual States to decide. The purpose of a treaty should be to create frameworks based on internationally recognised legal standards and should provide tangible protections . If AUCEVAWG is to be enforceable, its provisions must give content to the rights of women and girls and create clear State obligations that are justiciable. This includes explicitly naming various forms of violence and harm against women and girls. As an instrument dedicated to the eradication of violence against women and girls, violence against women and girls must be given a comprehensive definition that reflects the lived experiences of women and girls on the African continent.

Lastly, when States are directed to take preventative measures related to violence against women and girls, these measures must be specially outlined and States must have an obligation to resource new policy measures as well as existing institutions in order to ensure their success. Obligations in relation to violence against women and girls must address both the causes of violence and its consequences and must be appropriately and adequately funded in order to be effective.

Treaties are only as successful as the clarity of the obligations they create. Legal obligations cannot be drafted as proposals. To create legally binding obligations, treaties must be drafted in clear, actionable terms with no room for ambiguity or debate as to their peremptory nature or the nature of the obligations they create. Women and girls on the African continent deserve this.