Is Africa a New Beacon of Abortion Rights?

In 2021, the West African country of Benin amended its abortion laws to allow voluntary termination of pregnancy “upon the request of the pregnant woman.” According to Ramatou Ouedraogo, associate research scientist at the African Population and Health Research Center in Nairobi, the law in Benin was changed “mainly to protect and save the lives of women.” The Ministry of Health estimates that 15% of maternal deaths in the country result from unsafe abortions. With this legislation, Benin joins a handful of countries on the continent with similar legislation, including Cape Verde, Mozambique, South Africa and Tunisia.

Sierra Leone has also recently taken a giant leap forward in liberalizing its abortion laws. President Julius Maada Bio announced in June that his cabinet had unanimously backed a bill to expand access to abortion. Seemingly referencing the overturning of Roe v. Wade, Bio stated: “At a time when sexual and reproductive health rights for women are either being overturned or threatened, we are proud that Sierra Leone can once again lead with progressive reforms.” Liberia’s lawmakers too have set in motion a bill that, if passed, will expand access to abortion. In the last three decades, much of Africa has seen a slow and steady progress toward the liberalization of abortion laws.

Nine months after the Roe v. Wade decision in 1973, Tunisia became the first African country to liberalize its abortion laws, making abortion available to all women without marital consent. In 1986, Cape Verde allowed abortion prior to 12 weeks of gestation. And on Dec. 11, 1996, South Africa enacted the Choice on Termination of Pregnancy Act, which gave women of any age or marital status access to abortion services upon request.

Although many sub-Saharan countries do not have laws that allow for abortion on request, Marion Stevens, founder of the Sexual and Reproductive Justice Coalition (SRJC), told OZY that in many countries accessibility to abortion pills has proven a game changer. In Zambia, where abortion is legal only for socio-economic reasons, Stevens said they have “three generic abortion drugs registered and there has been significant training of pharmacists to do over-the-counter provision of medical abortion.” According to Stevens, many feminist groups such as the Mobilizing Activists around Medical Abortion (MAMA) network are “leapfrogging the laws” in sub-Saharan Africa. They are “following WHO guidelines and organizing the distribution of abortion pills and counseling online,” Stevens said, directly reaching affected communities of women who aren’t protected by the laws of their nations.

Next to Benin is Nigeria, whose laws are now in stark contrast to its neighbor. Punitive prison sentences hang over Nigerian doctors or women who attempt abortions. Many in Nigeria’s nonprofit sector acknowledge the restrictions on abortion are largely due to political fears of a religious backlash. Despite restrictive laws, it was estimated that in 2012 1.25 million induced abortions took place in Nigeria. Recently, the state of Lagos’ Health Department presented a policy document titled “Lagos State Guidelines on Safe Termination of Pregnancy for Legal Indicators.” However, the guidelines were then suspended after political pressure from religious groups.

Abortion laws in Kenya are guided by the 2010 constitution, which states that life begins with conception. Like in Nigeria, doctors and women in Kenya can face incarceration for attempting an abortion. However, the law states an abortion can be performed if the “life or health” of the mother is in danger. In what has been seen as a slow liberalization, the 2017 Health Act allows the definition of “health” to include physical, mental and social well-being. But, as in much of Africa, there is a fear in Kenya that the overturning of Roe v. Wade might have a regressive impact on policy.

Another impediment to abortion laws and access are right-wing U.S. Christian interventions in Africa that spent at least $54 million between 2008 and 2018 fighting sex education, contraception, abortion and LGBT rights. Parts of sub-Saharan Africa already have some of the highest unintended pregnancy rates in the world and maternal mortality rates are often as high as 1 in 45. An Open Democracy investigation discovered that U.S.-linked anti-abortion centers were breaking South African law, which stipulates that counseling of pregnant women must be “non-directive.” Several organizations linked to the U.S. were offering misleading, false and coercive information to vulnerable women.