Abortion Rights — Voice

By Jama Jack

A recent leak has revealed plans by the Supreme Court of the United States of America (SCOTUS) to overturn the landmark Roe v Wade decision, which provided guarantees for federal constitutional protections for abortion rights in the country. Rightful outrage has followed this leak, with calls for resistance to ensure that abortion rights remain accessible for all birthing persons everywhere.

While this development directly affects the USA, the consequences on abortion rights and wider sexual and reproductive rights in the international community are evident.

We spoke with Dr Satang Nabaneh, feminist scholar and activist from The Gambia on this new development. Satang has done extensive research on abortion rights in Africa and has also been involved in movement-building and policy advocacy in this area. We discuss what the SCOTUS decision would mean for African countries, and the actions that African feminists can take. Here’s our short interview.

Hello Satang! Thank you for accepting our invitation to speak on this important issue. Could you briefly tell our community who you are and what you do?

My name is Satang Nabaneh. I am originally from The Gambia, and I currently live in the USA. I am a proud African feminist scholar and activist trying to bridge the worlds of theory and practice. My feminist work through activism, action-oriented research, and equitable knowledge production on diverse issues as part of ongoing collective efforts, is broadly geared towards challenging gender and other intersecting inequalities.

Tell me a bit about your work on abortion rights. What drove you to this path and what has that journey looked like so far?

I was born and raised in a predominantly Muslim society in The Gambia, where abortion is highly restricted. While religion plays an instrumental role in my life, I identify as a feminist with strong pro-choice views with a dedicated record of advocacy for bodily autonomy, sexual and reproductive health and rights, and gender equality throughout my life. This has fuelled my interest in co-convening the Sexual Reproductive Rights Network, hosted by Think Young Women, a young women-led feminist organisation I co-founded in The Gambia.

Because of my longstanding desire to contribute to advancing reproductive and social justice, I have advocated for and conducted research that aims to uncover how laws, politics, socio-cultural and institutional factors affect sexual health and rights in Africa. At the University of Pretoria, I carried out socio-legal feminist research for my Ph.D. thesis and a forthcoming book on abortion and conscientious objection in South Africa. I have also managed various academic projects on human rights, gender, and sexual and reproductive health and rights. I was responsible for providing technical support to the African Union’s Special Rapporteur on the Rights of Women in Africa, undertaking advocacy for the implementation of the Maputo Protocol, and training African governments and civil society on the African human rights systems.

At the international, regional, and national levels, my activism and research have been distinctly focused on interrogating and developing insights into political and legal determinants as part of a broader discourse on sexual and reproductive rights related to the African region.

‘‘While religion plays an instrumental role in my life, I identify as a feminist with strong pro-choice views…”

Recently, we saw news of a leaked document from the SCOTUS showing plans to strike down Roe V Wade. What are your initial thoughts on this development?

The leaked documents suggest that the US Supreme Court may overturn the 1973 Roe v Wade decision. Not if, but when this happens, it will constitute a blatant violation of international human rights treaties that the US has ratified. Birthing persons should not be forced to carry pregnancies to term. It marks a dangerous departure from international human rights standards and a strong political move signalling a conservative position towards abortion rights. This will exacerbate international and national opposition to sexual and reproductive services such as abortion, family planning, and comprehensive sexuality education (CSE).

This is currently happening in the USA, but there have been signals raised around how the impact will be felt around the world. What repercussions can we expect to see as the ripple effect, and what would this mean for birthing persons in African countries?

Due to US power and influence, what is currently happening would likely result in significant threats to the right to abortion for the rest of the world, including Africa. Despite the commitment to advancing abortion access, this will signal the US’ position, especially if Republicans gain more power, which will likely impact US funding and policies. We have seen the implications of the global gag rule, under which non-US organisations that receive US funding couldn’t provide, refer to, or promote abortion. President Biden rescinded this anti-abortion rule when he took office in 2021.

It is important to note that there have been significant African regional developments and domestic reforms culminating in at least more than half of the African countries now permitting abortion on the ground of the woman’s health. The 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) is one of the most comprehensive and progressive women’s human rights instruments adopted by the African Union (AU) and has been ratified by 42 member states. There is evidence showing that African countries are making gains in improving legislation and policies due to sustained advocacy, especially toward the liberalisation of abortion law, thereby expanding the grounds of rape, incest, and danger to foetal health or life.

And would this be enough to counter the ripple effect from what happens in the US?

The envisaged reversal of the gains made with Roe v Wade means a negative precedent set for the international community. We have seen the rise of the anti-choice movement activities and visibility in the continent linked to ultra-conservative actors based in the Global North. These locally based organisations in Africa are provided funding, have affiliations with Western actors by setting up satellite offices or regional chapters, and do joint campaigning and other collective strategies.

For example, the arguments made in the burial of foetal remains case in South Africa, Voice of the Unborn Baby NPC and the Catholic Archdiocese of Durban v Minister of Home Affairs and Minister of Health are similar to arguments made in the 2019 Box v Planned Parenthood. In this case, the US Supreme Court decided to uphold the constitutionality of the Indiana abortion law that mandates any clinician or facility providing abortion services to bury or cremate foetal remains rather than disposing of them as medical waste.

I was recently part of a team of scholars and activists who conducted a commissioned mapping in 2020 and early 2021 of mobilisation against sexual and reproductive rights in three countries: Ghana, Kenya, and South Africa. We sought to understand the transnational nature of such lobbying, the discourses primarily drawn upon, and the impact on public debate and the legal, political, and educational spheres in the three countries. We discovered how the ultra-conservative NGOs have not only co-opted the human rights discourse, but there are clear linkages between North American organisations, describing themselves as ‘pro-family’ and like-minded locally based groups in the African continent.

Over the years, we have also seen how African government representatives at the UN have been more conservative leaning. For example, member states of the African Group have opposed various resolutions related to issues of comprehensive sexuality education and sexual orientation and gender identity. This is not surprising as conservative organisations not only have strong collaborations with anti-rights actors in Africa but also do a focused UN-based advocacy targeting representatives from Africa.

In essence, I see a more evident ‘political threat’ for many African countries, including countries like South Africa with robust legislation, and perhaps a legal threat for African countries that want to push for more conservative legislation restricting abortion access.

While there has been a lot of outrage (rightfully!), there have also been expressions of hope that we can fight this. What can be done, really? How do you think African feminists can organise around actions to protect abortion rights?

We must channel all our anger into taking action to safeguard existing abortion rights and prevent backsliding. African feminists should continue to counter-mobilise and respond to the backlash and continued efforts to chip away at hard-won rights in Africa. Despite not being monolithic, there is a need for more unified action by pro-SRR networks. Given the agility and presence of a strong anti-SRR movement, we should not ignore global trends. In the era of increasing politics of masculinist restoration, authoritarian governance, the rise of populism, and white supremacy, we need to be strategic. We should leverage intersectional organising as a strategy that builds solidarity across issues, organisations, and communities. There is power in collective action!

Indeed! We can’t let you go without asking our standard Eyala question. What is your feminist life motto?

I have recently adopted “Rolling eyes = feminist pedagogy” from the book Living a Feminist Life by Sara Ahmed. Sara remind us that eye rolling is a feminist killjoy strategy; a shared language we speak to other feminists about opinions in public spaces.

I feel that very deeply! I think we’re all rolling our eyes at the Supreme Court for this decision. It’s been great to get your insights, Satang. Thank you for making time to share with us.

Additional Resources

Satang Nabaneh, The Status of Women’s Reproductive Rights in Africa, Völkerrechtsblog, 09.03.2022, doi: 10.17176/20220309-120935-0.

Satang Nabaneh, ‘The Gambia’s Political Transition to Democracy: Is Abortion Reform Possible?’ (December 2019) 21(2) Health and Human Rights Journal 167-179.

Satang Nabaneh, ‘Abortion and ‘conscientious objection’ in South Africa: The need for regulation’ in E Durojaye, G Mirugi-Mukundi & C Ngwena (eds) Advancing Sexual and Reproductive Health and Rights in Africa: Constraints and Opportunities (Routledge, 2021) 16-34.