Somalia, 6 October 2025 – Somalia’s House of the People officially ratified the African Charter on the Rights and Welfare of the Child (ACRWC) on 1 October 2025. The move was seen as bringing Somalia closer to continental standards for child protection and aligning with international legal frameworks.
The ratification received 130 votes in favour, 10 against, and 5 abstentions. It is now expected to move to the Upper House for final approval before becoming law.
“This charter benefits Somali children, especially African children, and we hope it will contribute to their development and prosperity,” said MP Luul Ibrahim Dafedow.
The Minister of Family and Human Rights, Khadija Mohamed Al-Makhzoumi, described the ratification as “a major achievement that will provide Somali children with better opportunities and protection.”
The ministry noted that the law demonstrates national unity and commitment to child welfare and pledged to work with relevant agencies to implement the charter effectively, particularly in education, health, and protection of vulnerable children.
The ACRWC, adopted by the Organization of African Unity (OAU) in 1990, guarantees the rights to life, education, freedom, and protection for children. Following the ratification, Somalia became the 52nd African Union member state to join the charter.
Key Provisions of the Charter
The ACRWC contains 52 articles that safeguard the rights of African children. Some of the main provisions include:
- Article 2 - Definition of a Child: A child is defined as any person under the age of 18.
- Article 9 - Freedom of Thought, Conscience, and Religion: Children have the right to freedom of thought, conscience, and religion, with guidance provided by parents or legal guardians in accordance with the child's evolving capacities.
- Article 10 - Protection of Privacy: Children’s privacy must be protected, including safeguarding their home and communications from unlawful interference.
- Article 21 - Child Marriage: The minimum age for marriage is set at 18 years, and any marriage below this age is prohibited.
- Article 24 - Adoption: Adoption should always prioritize the child’s best interests, ensuring that it is carried out legally and under appropriate circumstances.
Public Debate and Concerns in Social Media
Following ratification, the charter sparked discussions and brought to the fore differing opinions in Somali society. Some Somalis expressed concerns that certain provisions conflict with Islamic law, while others welcomed the decision, calling it an important step toward protecting Somali children.
Government Statement: Somalia’s Adaptation of the Charter
In response, the Ministry of Family and Human Rights issued a statement clarifying the government’s position on the Charter and its application in Somalia.
The ministry emphasized that Somalia’s implementation of the charter is guided by Islamic law and the Somali constitution, and any provision contrary to religion will not be enforced. Key points include:
- Freedom of Religion (Article 9): Children cannot change their religion; all Somali children are Muslims.
- Privacy (Article 10): Parental authority takes precedence over other institutions.
- Minimum Marriage Age (Article 21): Marriage under 18 is prohibited by the charter, but in Somalia, Islamic law determines the appropriate age based on maturity, not a fixed number.
- Adoption (Article 24): Somalia does not accept Western-style adoption and will follow Islamic kafalah (guardianship) practices.
- Definition of a child (Article 2): Somalia follows Islamic definitions of maturity rather than a strict age of 18.
Somalia is not alone in this approach. Countries like Egypt and Mauritania have also ratified the charter while reserving certain provisions to align with Islamic law and their constitutions.