Justice systems across Africa remain largely inaccessible, costly, and unsafe for survivors of Sexual and Gender-Based Violence (SGBV), despite decades of legal reforms and international commitments. This critical failure effectively denies women and girls legal redress, as highlighted by civil society organizations in a joint statement to CSW70. Access to justice for these vulnerable groups is often merely theoretical, particularly in rural and marginalized communities where formal legal systems are either distant or dysfunctional.

Deeply entrenched socio-economic inequalities exacerbate the problem. Women and girls in rural areas often face immense financial and logistical burdens, including traveling 50–200 kilometers just to reach a police station or court due to limited financial resources and inadequate road infrastructure. These structural barriers, combined with delays in investigations, pervasive stigma, and significant case backlogs in courts, make initiating and sustaining legal processes prohibitively difficult. The lengthy distances to formal legal institutions frequently push survivors towards religious and traditional justice systems, which are typically patriarchal and reinforce discriminatory norms, further entrenching injustice.

These profound concerns were articulated during a continental convening held in Nairobi from February 9 to 11, 2026. This gathering brought together members of the Gender-Based Violence Action Coalition (GBV-AC), women’s rights organizations, feminist movements, and state and non-state actors from across Africa, in preparation for the 70th session of the Commission on the Status of Women (CSW70) in New York, scheduled for March 9 to 19, 2026.

Civil society groups emphasize that access to justice should be understood broadly, extending beyond formal court processes. It encompasses the ability to seek and obtain remedies through formal systems, but also includes the availability and effectiveness of alternative mechanisms like customary, informal, and community-based dispute resolution. In the African context, these non-judicial avenues often play a significant role in how women and girls experience and pursue justice, especially where formal institutions are inaccessible or unresponsive. Despite many African governments ratifying international and regional instruments such as the Maputo Protocol and CEDAW, implementation remains critically weak, particularly for survivors outside urban centers.

Nancy Mutola, movement building lead at Akili Dada, underscored the severe challenges in Kenya’s Arid and Semi-Arid Lands (ASAL), where sexual assault survivors may trek 20-30 kilometers to reach a police post or health facility for post-rape care, often with no guarantee of justice. Furthermore, a lack of trauma-informed and survivor-centered training among police officers often leads to survivors being retraumatized, shamed, or discouraged. Some even face intimidation or outright dismissal when attempting to report sexual violence.

The economic cost is a major impediment. Filing a case often demands funds for transport, medical examination forms, document photocopying, and facilitating witnesses, which are prohibitive for many underserved women and girls. Christine Oyugi, a programme officer at COVAW, noted that unofficial payments further exclude survivors. Limited legal awareness also compounds the problem, as many girls are unaware of their rights or procedures, including entitlement to free post-rape medical care or legal representation, leading them to rely on potentially unsupportive family members or community intermediaries.

Weak enforcement of laws and a lack of accountability are significant obstacles. Delayed judgments, unenforced protection orders, and perpetrators openly violating court directives erode confidence in justice institutions, as highlighted by Legal Counsel Leticia Mwavishi of FIDA Kenya. Afrobarometer data from 2017 reveal low public trust in African courts, with 14 percent reporting unfair treatment and 13 percent citing a general lack of trust. Additionally, 54 percent found it difficult to obtain assistance from courts, and 30 percent reported paying bribes. A widespread perception of corruption among judges and magistrates further undermines the system.

The adage