The Federal Government of Somalia has officially rejected specific provisions within the African Charter on the Rights and Welfare of the Child (ACRWC), citing concerns that some elements of the treaty contradict Islamic law (Sharia) and Somali cultural values.
In an official press statement released by the Ministry of Women and Human Rights Development, the government emphasized that while it remains committed to upholding and protecting the rights and welfare of Somali children, such efforts must be carried out within the framework of Islamic principles and the nation’s legal and cultural traditions.
“This decision is grounded in the necessity to uphold the sovereignty of Somali laws, preserve Islamic values, and maintain the ethical and moral fabric of Somali society,” the Ministry stated.
The government made this decision after conducting a thorough review of the charter, which had recently been ratified by the House of the People, Somalia’s lower legislative chamber.
Upon further legal analysis, Somali authorities concluded that certain articles of the ACRWC were not compatible with the country’s constitution, legal system, and religious doctrines.
Although the government did not specify which provisions were deemed incompatible, previous debates in Somali political and religious circles have raised concerns about international treaties potentially promoting ideologies or practices—such as those concerning gender identity, adoption rights, or child autonomy—that are perceived to challenge Islamic teachings and traditional family structures.
Despite rejecting certain parts of the charter, the Ministry reaffirmed Somalia’s dedication to protecting children’s rights, but stressed that this commitment must align with Sharia law, the Somali constitution, and the cultural heritage of the Somali people.
“Somalia will continue to work with international and regional partners to improve the well-being of Somali children, as long as such cooperation respects our religious values, national identity, and constitutional sovereignty,” the statement added.
This development highlights the sensitive balance Somalia seeks to strike between international human rights obligations and domestic religious and cultural norms.
The country’s position reflects a broader trend among several Muslim-majority nations that engage with international legal frameworks selectively, ensuring that such frameworks do not infringe upon religious jurisprudence or social values.
The ACRWC, adopted by the Organization of African Unity (now the African Union) in 1990 and entering into force in 1999, is a regional human rights treaty designed to promote and protect the rights of children across the African continent.
It includes provisions related to education, protection from abuse, child labor, harmful traditional practices, and the rights of orphans and vulnerable children.
Somalia, which ratified the ACRWC in recent years after a long delay, had been applauded by international observers for joining the majority of African nations in endorsing the charter.
However, this recent rejection of specific provisions serves as a reminder of the ongoing tensions between global human rights standards and national religious or cultural frameworks.
As of now, the government has not indicated whether it will seek to renegotiate its obligations under the ACRWC, propose reservations to specific clauses, or pursue amendments.
Nevertheless, officials have reiterated that Somalia remains open to dialogue and collaboration, provided it is conducted in a manner that respects the country’s Islamic identity and social values.
